HomeMy WebLinkAbout2006-276
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RESOLUTION NO. 2006-276
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A STANDARD CONTRACT 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 Standard Contract Agreement with
LOS P ADRINOS, 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rescinded ifthe parties to the agreement fail to execute it within sixty (60) days of
the passage of this resolution.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A STANDARD CONTRACT 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 7th day of August
, 2006, by the
following vote, to wit:
Council Members
ABSTAIN ABSENT
AYES
NAYS
ESTRADA
~
BAXTER
x
VACANT
DERRY
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KELLEY
x
JOHNSON
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MCCAMMACK
x
Q~~.~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this q"t!!l day of August
2006.
Approved as to form:
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2006-276
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STANDARD CONTRACT AGREEMENT
THE EFFECTIVE DATE OF THIS AGREEMENT is the 7th day
of August ,2006 between LOS PADRINOS YOUTH SERVICES, INC.
("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY").
WITNESSETH:
WHEREAS, CITY has need for graffiti. weed. debris removal. abatement services and
assistance to senior or disabled residences within the CITY and,
WHEREAS, CONTRACTOR is competent, experienced and able to perform
said services;
NOW THEREFORE, the parties hereto agree as follows:
1) The purpose of this Agreement is to put into effect a Summer Youth Work Program
through Los Padrinos Youth Services, Inc., to employ approximately forty (40) youth to perform
work in conjunction with clean-up initiatives in neighborhoods throughout the City. The Summer
Youth Work Program shall include voluntary drug testing, mentoring and job skill training.
2) Recruitment for forty (40) youth to be employed by CONTRACTOR shall begin upon
the execution by both parties of this Agreement. These youth shall be employed for twenty (20)
hours each week, half to work full time on Mondays and Tuesdays and half day on Wednesdays.
The other half of the employed youth shall work half day on Wednesdays and full time on Thursdays
and Fridays.
3) Over the term of this Agreement, CONTRACTOR shall be paid $70,000 for
such services. As the length of the Summer Youth Work Program is nine (9) weeks, payment shall
be made in full upon execution of this Agreement.
4) The term of this Agreement shall begin from the date this Agreement is fully executed by
both parties and shall continue for a total of nine (9) weeks. It may be canceled by thirty (30) days
written notice by either party. The Mayor, or his designee, is authorized to extend this Agreement
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2006-276
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) By mutual agreement between the City of San Bernardino and CONTRACTOR
this Agreement does not replace any previous service contracts or agreements between the City of
San Bernardino, the San Bernardino Economic Development Agency and said CONTRACTOR but
shall be considered in addition to any existing service contracts or agreements for related services.
6) CONTRACTOR shall indemnif'y, defend and hold CITY, its officers, employees and
agents harmless from any claim, demand, liability, suit, judgment of expenses (including, without
limitation, reasonable costs of defense and legal fees) arising out of or related to CONTRACTOR'S
performance of this Agreement, except that such duty to indemnif'y, defend and hold harmless shall
not apply where injury to person or property is caused by CITY'S willful misconduct or sole
negligence.
CONTRACTOR shall hold harmless the City, its elective and appointive boards,
commissions, officers, officials, attorneys, employees and agents from any liability for damage or
claims for damage for personal injury, including death, as well as from claims for property damage,
expense, including defense costs and legal fees, which may arise from Contractor's operations under
this agreement, whether such operations be by Contractor or by anyone or more persons directly or
indirectly employed by or acting as agent for Contractor. Contractor shall defend (upon request by
City), the City and its elective and appointive boards, commissions, officers, officials, attorneys,
employees and agents from any suits or actions at law or in equity for damages caused, or alleged to
have been caused, by reason of any of Contractor's operations. The costs, salary and expenses of the
City Attorney and members of his office in enforcing this Contractual Agreement on behalf of the
City shall be considered as "defense costs and legal fees" for the purposes of this paragraph.
7) 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
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2006-276
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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 if the insurance is canceled or substantially altered.
8) 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.
9) 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.
10) 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 Enforcement
Code Enforcement Department
City of San Bernardino
201-B North "E" Street, Suite 201
San Bernardino, CA 92401-0001
TO THE CONTRACTOR:
Los Padrinos Youth Services. Inc.
P. O. Box 479
San Bernardino, CA 92402
Nothing in this paragraph shall be construed to prevent the giving of notice by
personal service.
11) 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.
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2006-276
LOS PADRINOS YOUTH SERVICES, INC. - STANDARD CONTRACT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first above shown.
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Date: 8-/$I-CJ(,
By:
Los Padrinos Youth Services, Inc.
Date:~
B"~.
Patrick. orris, a
ATTEST:
Q~h.~
Rachel'e1ark, City Clerk
Approved as to form:
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