HomeMy WebLinkAbout1994-233
RESOLUTION NO. 94-233
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
2 AGREEMENT WITH LOS PADRINOS, INC, A NON-PROFIT ORGANIZATION, TO
IMPLEMENT A COMPREHENSIVE CITYWIDE GRAFFITI REMOVAL PROGRAM
WITHIN THE CITY.
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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 an
agreement with LOS PADRINOS, INC, a non-profit organization, a copy
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of which is attached hereto, marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
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agreement is rescinded if the parties to the agreement fail to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.
I HEREBY CERTIFY that the foregoing resolution was dul
adopted by the Mayor and Common council of the City of Sa
meeting thereof, held on the 1st
da
Bernardino at a regular
of Auaust:
, 1994, by the following vote, to wit:
ABSENT
ABSTAIN
NAYS
AYES
Councilmembers
x
NEGRETE
CURLIN
)(
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
94-233
'RESOLUTION AUTHORI ZING AN AGREEMENT WITH LOS PADRINOS, 'INC.
FOR CITYWIDE GRAFFITI REMOVAL PROGRAM.
The foregoing resolution is hereby approved this
4th
day of
August
, 1994.
~r~
om Minor, Mayor
City of San Bernardino
JAMES F. PENMAN
10 Cit~yttorneY 7. 17
11 By: /~~
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94-233 '
1 A G R E E MEN T
2 THIS AGREEMENT is entered into between the CITY OF SAN
3 BERNARDINO, a municipal corporation, referred to as "CITY", and Los
4 padrinos of Southern California, Inc. ("Los Padrinos"), a non-
5 profit organization, referred to as "Organization."
6 The parties agree to as follows:
7 purpose:
8 The purpose of this Agreement is to implement a comprehensive city-
9 wide Graffiti Removal Program (the "Program") within the city of
10 San Bernardino (the "city") as follows:
11 Graffiti: Removal
12 The Program will be established to provide comprehensive
13 graffiti removal and clean-up activities through out the city as
14 designated by the City Administrator or his or her designee. The
15 Program activities will include graffiti removal as more fully
16 described in the Scope of Work, a copy of which is attached hereto
17 as Attachment No. 1 and incorporated herein by this reference.
18 Mission:
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City hereby retains Los padrinos in the capacity of an
independent contractor for the provision of services described in
Attachment No.1. Los padrinos hereby accepts such responsibility
as described herein and agrees to perform such services in a
commercially reasonable and workmanlike manner.
Term:
This Agreement shall remain in full force and effect until
June 30, 1995 unless sooner terminated as provided herein. The
City Administrator, or his or her designee, is authorized to extend
94-233
1 this Agreement for up to thirty (30) days and approve line item
2 adjustments to the Agreement's Program budget as long as any such
3 extensions are upon the same terms and conditions as specified
4 herein.
5 Los Padrinos' Responsibilities:
6 Los padrinos shall commit the services of the principal
7 personnel listed below to the Program for its duration:
8 Los padrinos:
9 Mr. Max L. Alonso III, Executive Director, Four (4) Working
10 Supervisors (Youth Leaders), One (1) Project Coordinator, Twenty
11 (20) or more Workers (as needed) and Three (3)
12 Administrators/clerical staff.
13 Replacement of Named Personnel:
14 It has been determined that the individuals designated in this
15 Agreement are necessary for the successful performance of this
16 Agreement. No significant diversion or replacement of these
17 individuals shall be made by Los padrinos without city approval,
18 provided that City may ratify, in writing, within ten (10) days of
19 diversion or replacement and such ratification shall constitute the
20 consent of city required by this clause. If City fails to respond
21 to Los padrinos within ten (10) days of notification by Los
22 Padrinos, said personnel diversion or replacement shall be deemed
23 approved.
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94-2,33
1 1. payment: Upon presentation to the City of invoices
2 certified by the organization as valid for services rendered to the
3 city for graffiti removal, and are deemed in accordance with the
4 Organization's Budget Proposal, a copy of which is attached hereto
5 as Attachment No. 2 and incorporated herein by this reference, City
6 shall pay said invoices for FY 1994/95 in a total amount not to
7 exceed Three Hundred Thirty Thousand, Three Hundred Thirty Seven
8 Dollars ($330,337.00) in the manner prescribed below:
9 a. Upon acceptance by the City of the validity of invoices,
10 developed in accordance with the procedures developed by the
11 Director of Public Services, a check will be issued to the
12 organization in an amount equal to the total sum of invoices
13 submitted. Under no circumstances, shall the total amount of the
14 city's remittance to Organization exceed Three Hundred Thirty
15 Thousand, Three Hundred Thirty Seven Dollars ($330,337.00), Los
16 padrinos will provide graffiti removal and clean-up activities up
17 to and including June 30, 1995. Los padrinos shall be paid in
18 accordance with the city's standard accounts payable system.
19 Invoices shall be approved by the Director of Public Services or
20 designee prior to payment
21 2. Use of Funds. The funds paid to organization shall be
22 used solely for the purposes set forth in Paragraphs 1 and 3 above.
23 No deviation from these provisions shall be made without the
24 express approval of the City of San Bernardino.
25 3. Accounting. At the request of the city Administrator,
26 Organization shall submit to the city Administrator, with a copy to
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94-233
1 the Finance Director, an accounting of the actual expenditures
2 connected with said program as compared to Organization's proposed
3 expenditures outlined in their Budget Proposal.
4 Financial records shall be maintained in accordance with
5 generally accepted accounting principles by organization in such
6 manner as to permit City to easily trace the expenditure of the
7 funds. All books and records of organization are to be kept open
8 for inspection at any time during the business day by the city or
9 its officers or agents. Failure to submit the financial records in
10 accordance with this section will result in the Organization
11 reimbursing the City in the full amount received by organization.
12 4. Hold Harmless. Organization covenants and agrees to
13 defend, indemnify, and hold harmless the city and its employees and
14 agents from all liabilities and charges, expenses (including
15 counsel fees), sui ts, or losses however occurring, or damages
16 arising or growing out of the use or receipt of said services
17 hereunder and all operations under this agreement. Approval of
18 request hereunder is granted with the understanding that the City
19 is not involved in the performance of services of other activities
20 of Organization.
21 5. Termination. city shall have the right to terminate this
22 agreement for any reason by mailing a ten-day written notice to
23 Organization and this agreement shall terminate ten days after the
24 mailing of such notice.
25 6. Permits and Insurance, organization shall comply with
26 all insurance requirements applicable thereto including Obtaining
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94-233
1 such public liability and property damage insurance as shall insure
2 city, its elective and appointive boards, commissions, officers,
3 agents and employees, permittee and its agents performing acts
4 covered by this agreement from claims for damages for personal
5 injury, including death, as well as from claims for property damage
6 which may arise from Organization's or its agents' operations
7 hereunder, whether such operations be by Organization or its agents
8 or by anyone directly or indirectly employed by either Organization
9 or its agents, and the amount of such insurance shall be as
10 follows:
11 a. PUblic Liability Insurance. In an amount not less than
12 $1,000,000 combined single limit for injuries including but not
13 limited to, death to anyone person, and subject to the same limit
14 for each person, in an amount not less then $1,000,000 on account
15 of anyone occurrence.
16 City shall be set forth as additional named insured under the
17 above policy. The company from which the insurance is obtained
18 shall be rated as an A+ company in the "BEST GUIDE."
19 city support:
20 city shall, at the request of Los padrinos, provide Los
21 padrinos with maps of major arterials throughout the City, and on
22 a case by case basis, maps of travel routes surrounding new housing
23 developments, and information pertaining to neighborhoods in order
24 to provide comprehensive graffiti removal activities, or other data
25 or information pertinent to the services to be provide hereunder
26 which are reasonably available to city.
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94-233
1 Independent Contractor:
2 Los padrinos shall perform the services as contained herein as
3 an independent contractor and shall not be considered an employee
4 of City or under city supervision or control. This Agreement is by
5 and between Los padrinos and city, and is not intended, and shall
6 not be construed, to create the relationship of agent, servant,
7 employee, partnership, joint venture, or association, between City
8 and Los padrinos.
9 Conflict of Interest:
10 Los padrinos agrees for the term of this Agreement not to
11 enter into any agreement that will inure to the detriment of the
12 City of San Bernardino.
13 7. Authorization to Execute. organization hereby covenants
14 that it has taken all actions necessary to make the adherence to
15 the obligations imposed by this agreement a binding obligation of
16 the organization.
17 8. Notices, All notices herein required shall be in writing
18 and delivered in person or sent by certified mail, postage prepaid,
19 addressed as follows:
20 AS to City:
To Los Padrinos:
21 city of San Bernardino
300 North "D" Street
22 San Bernardino, CA 92418
Attn: city Administrator
Max L. Alonso, III Executive Director
Los Padrinos of Southern California
P.o. Box 479
San Bernardino, CA 94202
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Entire Agreement, This agreement and any documents or
25 instruments attached hereto or referred to herein integrate all
26 terms and conditions mentioned herein or incidental hereto, and
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, 94-233
1 supersede all negotiations and prior writing in respect to the
2 subject matter hereof. In the event of conflict between the terms,
3 conditions or provisions of this Agreement, and any such document
4 of instrument, the terms and conditions of this Agreement shall
5 prevail.
6 IN WITNESS WHEREOF, the parties hereto have executed this
7 Agreement on the date first written herein.
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9 Attest:
CITY OF SAN BERNARDINO
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11 %%e~
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13 Approved as to form and
legal content:
--:7'/~ (
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I ayor
~~'I!J,I /
/ City Adm~nistrator
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15 JAMES F. PENMAN
City Attorney
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LOS PADRINOS
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By:/J~Jbv
;/
By:
k f t/war
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94-233
ATTACHMENT I
SCOPE OF WORK
GRAFFITI REMOVAL
1. Los padrinos will remove graffiti along all streets
including both public and private properties and public
facilities, and other areas as requested by the City
Administrator. These will be done on a regularly
scheduled basis and at the direction of the city
Administrator.
2. The Mayor's Office City Beautification Coordinator will
receive, control and forward the calls that come in on
the hotline call-in line 384-5250 to Los Padrinos.
3. Los padrinos agrees to abate the graffiti within 24 hours
of a reported location including calls forwarded by the
Beautification Coordinator.
4. Los padrinos will provide a minimum of 2 field crews and
perform a visual inspection of maj or arterials designated
by the City on a daily basis and abate all graffiti.
5. Los padrinos agrees to complete the Graffiti Reporting
Log and submit the log to the city on a weekly basis.
94-233
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ATTACHMENT 2
ItttIiK
AD;tll:~. Ol'I".:.C:-~
2 JL;.'4 94 21 0/
741 W. Virginia Street' Mailing Address: P,O, Box 479 ' San Bernardino, CA 92402' (909) 888-5781 Fax: (909) 888-6634
;J4~2g3
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LOS PAORINOS
OPERA TI NG BUDGET
FISCAL YEAR 94/95
EXPENSE ITEMS !3RAFFITI QNLY (18)
SALARIES & BENEFITS $ 266,437.00
ACCOUNTING/LEGAL 4.000.00
LIABILITY/AUTO INSURANCE 16.000.00
OFFICE/SPACE RENT 4,800.00
UTI LI TI ES 2,000.00
COMMUNICATIONS 6.000.00
OFF I CE SUPPLI ES 3.000.00
EQUIPMENT RENTAL 1.500.00
FUEL COST 7,200.00
EQUIPMENT REPAIR/MAINT 3.600.00
SUPPLIES 10.000.00
EQUIPMENT 5.000.00
FURNITURE 800.00
TOTAL $ 330.337.00
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