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Home My WebLink About1999-149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , ' RESOLUTION NO. 1999-149 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH LOS P ADRlNOS, 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 I. 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 PADRlNOS, 1Ne. 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III .1999-149 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 2 Mayor and Common Council of the City of San Bernardino at a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 joint regular meeting thereof, held on the 21st day of June , 1999, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS ~ SCHNETZ x DEVLIN x ANDERSON x MILLER x ~h.C~ Clerk June The foregoing resolution is hereby approved this 2rh-uay of ,1999. ( CLL~ s,Mayor Bernardino Approved as to form and legal content: James F. Penman City Attorney , / 1999-149 I. SERVICES AGREEMENT THIS AGREEMENT is entered into this 21st day of June. 1999 between Los Padrinos ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for l!raffiti removal services within the CITY and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perfonn 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 cannot 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 confonn 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 tenns. e) Graffiti abatement shall be maintained at the current level of production. CONTRACTOR shall respond to abatement requests two (2) times- daily. 1999-149 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 for such service an amount equal to 1/12 of the annual contract each month. 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 manner 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, 1999 to June 30, 2000. 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. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement of expenses o ,1999-149 (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 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) day written notice if the insurance is cancelled or substantially altered. 7. CONTRACTOR shall perform work tasks as directed by the Code Comoliance Director but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of the employee, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Services, postage prepaid and addressed as follows: TO THE CITY: Glenn Baude. Dir. of Code Compliance Code Compliance Department City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 o 1999-149 TO THE CONTRACTOR: Los Padrinos P. O. Box 479 San Bernardino, CA 92402 Nothing in this paragraph shall be construed to prevent the giving of notice by personal servIce. 10. 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:~ By !:%@AlIt1S d~, ~, Business Name s~du7q ~ Date: t/c- J2~hf' I By -<..-CR-<-- alles, ATTEST: ~~ h_ c.Lt~,- Rac Clark, CIty Clerk Approved as to form and legal content: James F. Penman, City Attorney By: k~ I--'~ o ,- 1999-149 ., . SCOPE OF WORK: LOS PADRINOS WILL EFFECT A COMPREHENSIVE CITYWIDE GRAFFITI ABATEMENT PROGRAM. IN ALL INSTANCES, PAINT WILL BE MATCHED ON ALL SURFACES TO BE ABATED, WHEN PAINTS CANNOT BE MATCHED, SURFACES TO BE ABATED WILL BE COMPLETELY REPAINTED IN A COLOR, WHICH IS AESTHETICALLY CONSISTENT WITH THAT OF SURROUNDING STRUCTURES NATURAL UNPAINTED SURF ACES (I.E. BRICK WALLS, CONCRETE CURBS, SIDEWALKS AND METAL RAILINGS) WILL BE WATER BLASTED, WHENEVER POSSIBLE. 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. LOS P ADRINOS WILL CONSISTENTLY LOOK FOR STRUCTURES TO BE ABATED AND WILL ACCOMPLISH ABATEMENT CONSISTENT WITH CONTRACT TERMS. GRAFFITI ABATEMENT SHALL BE MAINTAINED AT THE CURRENT LEVEL OF PRODUCTION. LOS PADRINOS WILL RESPOND TO ABATEMENT REQUEST TWO (2) TIMES DAIL Y AND EVERY ATTEMPT WILL BE MADE TO RESPOND TO REQUEST WITH-IN 24 HOURS. 1999-149 , .' CITY CONTRACT BUDGET PROJECTIONS REVENUE: CONTRACT RE-IMBURSEMENT ANNUAL 204,000 EXPENSE: SALARIES/BENEFITS ACCOUNTING/LEGAL FACILITY RENTS COMMUNICATIONS UTILITIES OFFICE EXPENSE MEALSITRAVEL VAN EXPENSE JOB EXPENSE EQUIP. REPAIRlMAINT 112,366 7,200 18,000 4,800 2,400 18,000 10,800 12,000 12,000 6.434 TOTAL EXPENSE 204,000 NET o