HomeMy WebLinkAbout12-Code Enforcement
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Glenn Baude, Director
Subject: Resolution of the City of San
Bernardino authorizing execution of a
Services Agreement with Los Padrinos
Youth Services.
Dept: Code Enforcement
Date: June 5, 2007
MCC Date: 06-18-2007
Synopsis of Previous Council Action:
07/01102 - Resolution 2002-216, approving extension ofa contract with Los Padrinos Youth Services for
one year.
12/01103 - Resolution 2003-323, amending the contract to include board ups and clean up services for Code
Enforcement.
06/16/03 - Resolution 2003-137, approving extension ofa contract with Los Padrinos Youth Services for
one year.
07/06/04 - Resolution 2004-223, approving extension of contract with Los Padrinos Youth Services for one
year.
06/20/05 - Resolution 2005-179, approving execution of a Services Agreement with Los Padrinos Youth
Services for one year.
05/15/06 - Resolution 2006-129, authorizing execution of a Services Agreement with Los Padrinos Youth
Services.
Recommended Motion:
ADOPT RESOLUTION.
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Glenn Baude
Contact person: GLENN BAUDE
Supporting data attached: Resolution/Amendment
5205
Phone:
All
Ward:
FUNDING REQUIREMENTS:
Amount: $588,000 (General Fund)
Source: (Acct. No.) 001-077-5505
(A""t n..""rirtinn) Graffiti Abatement
Finance:
Council Notes:
Agenda Item No.
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CD/ltj07
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the City of San Bernardino authorizing execution of a Services Agreement with
Los Padrinos Youth Services.
BACKGROUND:
Since June of 1992, the City of San Bernardino has contracted with Los Padrinos Youth Services
Inc., to provide citywide graffiti removal. On July 3, 2001, the Mayor and Common Council
expanded the Services Agreement to include weed, litter and debris removal and staffing for
Project Curb Appeal.
The proposal for 2007-2008 continues the expanded services and graffiti abatement program as
follows:
~ Three full graffiti crews to respond daily, except weekends and holidays, to requests for
graffiti abatement.
~ A full-time Project Curb Appeal crew to work on common areas around sidewalks and curbs
on north, south, east and west main corridors throughout the city. Streets will include, but
not limited to: Mount Vernon Avenue, Medical Center Drive, E Street, D Street, Mountain
View Avenue, Arrowhead Avenue, Sierra Way, Waterman Avenue, Baseline Street,
Highland A venue, Kendall Drive, Del Rosa A venue and 40th Street between Electric Avenue
and Waterman Avenue.
~ A crew assigned to perform weed abatement and pick-up of illegal dumping. This crew,
along with the graffiti abatement crews, will provide focused weekly litter, debris, and
graffiti removal in the special project areas of Delmann Heights and the Arden/Guthrie area.
~ A crew to provide services for Code Enforcement abatements under warrant to include
board-ups, debris removal and weed abatement.
~ Other project as assigned are as follows: Assisting on an as-needed basis to help elderly,
disabled, or other persons who are financially unable to take care of weeds/debris on their
property; removal of temporary signs; large projects such as Soap Box Derby, the Chili
Cook-off, passing out flyers for neighborhood associations, assisting with community clean-
ups and numerous other events, as well as on-going maintenance of Economic Development
Agency-owned properties.
The Los Padrinos contract is administered by Code Enforcement.
FINANCIAL IMPACT:
The funding for this program will be through the General Fund in the amount of $588,000. The
Economic Development Agency will also provide funding for additional services under separate
agreement in an amount to be determined.
RECOMMENDATION
Adopt resolution.
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RESOLUTION NO.
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 City Manager of the City of San Bernardino IS hereby
authorized and
directed to execute, on behalf of said City, a Services Agreement for services
with LOS PADRINOS YOUTH SERVICES, INC., a non-profit organization.
A copy of the agreement is attached hereto and incorporated herein by this
reference.
SECTION 2. The authorization to execute the above referenced agreement is
hereby 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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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
meeting thereof, held on the
day of
,2007, by the
following vote, to wit:
Council Members
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
Cit Attorney
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SERVICES AGREEMENT
THE EFFECTIVE DATE OF THIS AGREEMENT is the day
of ,2007, between LOS PADRlNOS YOUTH SERVICES, INe.
("CONTRACTOR"), 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
following:
a) The purpose of this agreement is to put into effect a comprehensive citywide
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.
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 shall respond to abatement requests two (2) times daily.
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,
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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 lirter from the parkway, sidewalk, curbs and
gutters. CONTRACTOR will provide the CITY with a maintenance schedule for each street.
f) 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 an 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. In
addition, CONTRACTOR shall provide these same services for properties owned by the Economic
Development Agency.
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.
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3. Over the term of this agreement, CONTRACTOR shall be paid $588,000 for
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, 2007 to June 30, 2008. It
may be canceled by thirty (30) days written notice by either Darty. The City Manager, 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 and CONTRACTOR
this contract will replace all previous service contracts between the CITY,
the San Bernardino Economic Development Agency and said CONTRACTOR.
7. CONTRACTOR shall indemnify, defend and hold CITY and the Economic
Development Agency, its officers, employees and agents harmless from any claim,
demand, liability, suit, judgment 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
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where injury to person or property is caused by CITY'S or Economic
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 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
13 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, Dir. of Code Enforcement
Code Enforcement Department
City of San Bernardino
201-B North HE" Street, Suite 201
San Bernardino, CA 92401-0001
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.
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12. 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:
Los Padrinos Youth Services, Inc.
Date:
By:
Fred Wilson, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to Form:
JAMES F. PENMAN,
City Attorney
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