HomeMy WebLinkAbout2006-129
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RESOLUTION NO. 2006-129
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A SERVICES AGREEMENT WITH LOS PADRINOS,
YOUTH SERVICES INC., A NON-PROFIT ORGANIZATION.
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 new Services Agreement with
LOS PADRINOS, INC., a non-profit organization, a copy of which is attached
hereto and incorporated herein by this reference.
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of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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2006-129
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A SERVICES AGREEMENT WITH LOS PADRINOS,
YOUTH SERVICES INC., A NON-PROFIT ORGANIZATION.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 15th day of
following vote, to wit:
May
, 2006, by the
Council Members AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER ----X--
MCGINNIS x
DERRY X
KELLEY X
JOHNSON ~
MCCAMMACK X
~);, ~
Rac el G. Clark, City Clerk
The foregoing resolution is hereby approved this I gi"h day of May
2006.
Approved as to form:
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SERVICES AGREEMENT
DATE OF TillS AGREEMENT is the IJ ji day
,2006 between LOS PADRINOS YOUTH SERVICES, INe.
OR") and the CITY OF SAN BERNARDINO ("CITY").
WITNESSETH:
A. WHEREAS, CITY has need for graffiti, weed. debris removal and abatement 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.
That this contract supersedes previous contracts and agreements for
services between the City of San Bernardino, San Bernardino Economic Development
Agency and Los Padrinos Youth Services, Inc.
2. CONTRACTOR shall furnish services to CITY to include the
16 following:
17 a) The purpose of this agreement is to put into effect a comprehensive citywide
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graffiti, weed, litter and debris 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.
22 b)
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Natural unpainted surfaces (i.e., brick walls, concrete curbs, sidewalks and
metal railings) will be waterblasted, whenever possible.
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c)
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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.
CONTRACTOR shall respond to abatement requests two (2) times daily.
d)
CONTRACTOR'S turnaround time for completion of abatement requests will be 24-
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hours from receipts of electronic report from the CITY. For purposes of this agreement,
24-hours is defined in terms of consecutive hours.
e) CONTRACTOR shall provide a full time Project Curb Appeal crew to work on
common areas around sidewalks and curbs on North, South, East and West main corridors.
Streets will include but not be limited to: Mount Vernon, Medical Center, E Street, D Street,
Mountain View, Arrowhead, Sierra, Waterman, Baseline, Highland, Kendall, Del Rosa and
40th Street between Electric and Waterman. This crew will remove weeds from the front (3)
feet on all vacant lots, remove weeds and litter from the parkway, sidewalk, curbs and
gutters. CONTRACTOR will provide the City with a maintenance schedule for each street.
1) CONTRACTOR shall assign a full time crew to do weed abatement and trash
pick-up of illegal dumping. This crew, along with the graffiti abatement crews will provide
focused weed, litter, debris and graffiti removal in the special project areas of Delmann
Heights and Arden/Guthrie. They will provide service two (2) full days in the Delmann Heights
area and two(2) half days in Arden/Guthrie.
g) CONTRACTOR shall act as abatement crew for Code Enforcement boarding unsecured
buildings, removing debris, weeds and litter from properties and removing overgrown vegetation and
performing all abatement activities as assigned by Code Enforcement. Contractor will be available
to perform these duties on a regular or emergency evening or weekend basis 24 hours a day, seven
days a week. Also as part of this agreement Contractor will develop a Saturday crew to utilize
community service workers to do community clean up.
h) CONTRACTOR will continue to help the Economic Development Agency with
their maintenance responsibilities on Agency owned properties, as needed.
i) CONTRACTOR shall perform special services at the direction of the City
Manager or Executive Director of the Economic Development Agency.
3. Over the term of this Agreement, CONTRACTOR shall be paid $588,000 for
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22 7. CONTRACTOR shall indemnify, defend and hold CITY AND ECONOMIC
23 DEVELOPMENT AGENCY, its officers, employees and agents harmless from any claim,
24 demand, liability, suit, judgement of expenses (including, without limitation, reasonable
25 costs of defense) arising out of or related to CONTRACTOR'S performance of this
26 agreement, except that such duty to indemnify, defend and hold harmless shall not apply
27 where injury to person or property is caused by CITY'S OR ECONOMIC
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such services. As the length of this new contract is twelve (12) months, payments will be made
monthly in amounts equal to one twelfth (1/12) of the contract amount.
4. CONTRACTOR shall provide the Director of Code Enforcement 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 a 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.
5. The term of this Agreement shall be from July 1,2006 to June 30, 2007. It
may be canceled by thirty (30) days written notice by either party. The Mayor, or his
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.
6. By mutual agreement between the City of San Bernardino and CONTRACTOR
this contract will replace all previous service contracts between the City of San Bernardino,
the San Bernardino Economic Development Agency and said CONTRACTOR.
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DEVELOPMENT AGENCY'S willful misconduct or sole negligence.
8. 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 and the Economic
Development Agency as additional named insureds. 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 if the insurance is canceled or substantially altered.
9. CONTRACTOR shall perform work tasks as directed by the Code Enforcement
Director but for all intents and purposes, CONTRACTOR shall be an independent
contractor and not an agent or employee of the CITY.
10. In the performance of this Agreement and in the hiring and recruitment of the
employees, CONTRACTOR shall not discriminate on the basis of race, creed, color,
religion, sex, physical handicap, ethnic background or country of origin.
11. 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. OiL of Code Enforcement
Code Enforcement Department
City of San Bernardino
201-B North "E" Street, Suite 201
San Bernardino, CA 92401-000 I
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.
12. CONTRACTOR agrees and understands that prior to commencing work under
this Agreement, it shall first obtain a Business Registration Certificate from the City
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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.
4rt/a PU
Los Padrinos Youth Services, Inc.
Date:
~-z6 -ob
By:
Date: m ~ /2" :JCC6
BY~ ~
Pa ck<lJ. Morris, or
ATTEST:
~tY~;k~
Approved as to form:
&-.-.----
es F. Penma~, City Attorney
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