HomeMy WebLinkAbout2001-146
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RESOLUTION NO. 2001-146
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF AN AGREEMENT WITH LOS PADRINOS, YOUTH
SERVICES INC. A NON-PROFIT ORGANIZATION, TO IMPLEMENT A
COMPREHENSIVE CITY WIDE GRAFFITI REMOVAL PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of said City, a service agreement with LOS
PADRINOS, INC. a non-profit organization, a copy of which is attached hereto
and incorporated herein by this reference, to implement a comprehensive city-wide
graffiti removal program.
SECTION 2. The authorization to execute the above referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of
the passage of this resolution.
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2001-146
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF AN AGREEMENT WITH LOS PADRINOS, YOUTH
SERVICES INC. A NON-PROFIT ORGANIZATION, TO IMPLEMENT A
COMPREHENSIVE CITY WIDE GARFFITI REMOVAL PROGRAM.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
joint
Mayor and Common Council of the City of San Bernardino at aregular meeting
thereof, held on the 4th day of June, 2001, by the following vote, to wit:
Council Members
ESTRADA
AYES NAYS
x
-
x
x
x
x
x
x
ABSTAIN
ABSENT
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
~)-J. ~
Rac el G. Clark, City Clerk
The foregoing resolution is hereby approved this ~ day of June, 2001.
~/ f2
L..J -Ld.....- tl<.~...........-
Betty Anderson, Mayor Pro Tern
City of San Bernardino
Approved as to form and
legal content:
James F. Penman
City A orney
t-.~
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2001-146
SERVICES AGREEMENT
June
,2001 between
("CONTRACTOR") and the CITY OF SAN
BERNARDINO ("CITY").
WITNESSETH:
A. WHEREAS, CITY has need for graffiti removal services within the CITY and,
B. WHEREAS, CONTRACTOR is competent, experienced and able to perform
said services;
NOW THEREFORE, the parties hereto agree as follows:
1. CONTRACTOR shall furnish graffiti removal services to CITY to include the
following:
a) The purpose of this agreement is to effect a comprehensive citywide
graffiti abatement program. In all instances, 'paint will be matched on all surfaces to be
abated. When paints carmot be matched, surfaces to be abated will be completely
repainted in a color which is aesthetically consistent with that of surrounding structures.
b) Natural unpainted surfaces (i.e., brick walls, concrete curbs, sidewalks and
metal railings) will be waterblasted, whenever possible.
c) Over time, all structures (which previously have been spot painted) will be
recovered to conform to the primary color of the structure, or completely repainted.
d) CONTRACTOR will consistently look for structures to be abated and will
accomplish abatement consistent with contract terms,
e) Graffiti abatement shall be maintained at the current level of production.
CONTRACTOR shall respond to abatement requests two (2) times daily.
2001-146
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CONTRACTOR'S turnaround time for completion of abatement requests will be 24-
hours from receipts of electronic report from the CITY. For purposes of this agreement,
24-hours is defined in terms of consecutive hours.
f) Contractor shall perform special services on a limited basis at the direction
of the City Administrator.
2. Over the term of this Agreement, CONTRACTOR shall be paid $224,000 for
such services. Payments to be made monthly in amounts equal to 1/12 of the armual
contract.
3. CONTRACTOR shall provide the Director of Code Compliance with a monthly
invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY
retains the right to challenge all or any part of an invoice. Financial records shall be
maintained in accordance with generally accepted accounting principles by
CONTRACTOR in such marmer as to permit CITY to easily trace the expenditure of
funds. All books and records of CONTRACTOR are to be kept open for inspection at
any time during the business day by the CITY or its officers or agents.
Failure to submit the financial records in accordance with this section will result in the
CONTRACTOR reimbursing the CITY in the full amount received by CONTRACTOR.
4. The term of this Agreement shall be from July 1,2001 to June 30, 2002. It may
be canceled by thirty days written notice by either party. The Mayor, or her
designee, is authorized to extend this agreement for up to thirty (30) days and approve
line item adjustments to the Agreement's program budget as long as any such extension
is upon the same terms and conditions as specified herein.
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2001-146
CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees
and agents harmless from any claim, demand, liability, suit, judgement of expenses
(including, without limitation, reasonable costs of defense) arising out of or related to
CONTRACTOR'S performance of this agreement, except that such duty to indemnify,
defend and hold harmless shall not apply where injury to person or property is caused by
CITY'S willful misconduct or sole negligence. For purposes ofthis paragraph, "reasonable
costs of defense" shall include the costs, salary and expenses ofthe City Attorney and
members of his office in enforcing this agreement on behalf of the City.
6. While not restricting or limiting the foregoing, during the term of this
Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public,
general and automobile liability insurance, in the amount of $2,000,000.00, per
occurrence combined single limit, naming the City of San Bernardino as additional
named insured. CONTRACTOR shall also maintain statutory worker's compensation
coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to
undertaking any work under this Agreement. City shall be given thirty (30) days written
notice ifthe insurance is cancelled or substantially altered.
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2001-146
9.
Any notice to be given pursuant to this Agreement shall be deposited with the
2 United States Postal Services, postage prepaid and addressed as follows:
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TO THE CITY:
Glenn Baude. Dir. of Code Compliance
Code Compliance Department
City of San Bernardino
20 I "E" Street Suite 20 I
San Bernardino, CA 92418
TO THE CONTRACTOR: Los Padrinos
P. O. Box 479
Sa.'1 Bernardino, CA 92402
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service.
CONTRACTOR agrees and understands that prior to commencing work under
This agreement, it shall first obtain a Business Registration Certificate from the City
Clerk and shall keep such Certificate current during the term of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first above shown.
Date: rO-?-cJ/
By ks 1:JJ~/jJCJS
YJJ~A
~m
Signature
Date: ~""'_ :s ,2= \
Bl~~:-X;:. ,Q ~..
Be ty Anderson, Mayor Pro
City of San Bernardino
Tern
~~
Rac I Clark, City Clerk
Approved as to form
and legal content:
James F. Penman,
City Attorney
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