HomeMy WebLinkAbout30-Code Enforcement CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Glenn Baude, Director Subject: Resolution of the City of San
Bernazdino authorizing execution of a Services
Dept: Code Enforcement Agreement with Los Padrinos Youth Services and
issuance of a purchase order in the amount of
Date: September 12, 2007 $SRR.000 for eraffiti and abatement services.
MCC Date: 09-17-2007
Synopsis of Previous Council Action:
06/16/03 -Resolution 2003-137, approving extension of a contract with Los Padrinos Youth Services for
one yeaz.
07/06/04 -Resolution 2004-223, approving extension of contract with Los Padrinos Youth Services for one
yeaz.
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.
6/18/07 -Resolution, 2007- 202 extending the Services Agreement with Los Padrinos Youth Services for
ninety days.
Recommended Motion:
• ADOPT RESOLUTION.
i^~~'~
Glenn Baude
Contact person: GLENN BAUDE Phone: 5205
Supporting data attached: Resolution/Amendment Ward: All
FUNDING REQUIREMENTS: Amount: $588,000 (General Fund)
Source: (Acct. No.) 001-077-5505
,{Qrr.4 npcrrinti Graffiti Abatement
Finance:
Council Notes:
i -
Agenda Item No.
9~ /~~0 7
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CITY OF SAN BERNARDINO - REgUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the City of San Bernazdino authorizing execution of a Services Agreement with
Los Padrinos Youth Services and authorizing a purchase order in the amount of $588,000 for
graffiti and abatement services.
BACKGROUND:
Since June of 1992, the City of San Bernazdino has contracted with Los Padrinos Youth Services
Inc., to provide citywide graffiti removal. On June 18, 2007 the City Council reviewed the
proposed annual contract, continued the existing contract for ninety days, and referred it to the
Police Ad Hoc Committee to discuss issues related to graffiti enforcement and abatement. After
several meetings the committee referred the amended contract back to Council with a
recommendation for approval.
The revised proposal for 2007-2008 continues the graffiti abatement program as follows:
? Two full graffiti crews (80 hours) aze dedicated exclusively to graffiti abatement. One of the
crews will be used to perform graffiti removal by water blasting.
? A full-time crew who shall provide debris, trash, weed removal and special project services
to the City and to provide services for Code Enforcement abatements under warrant to
include boazd-ups, debris removal and weed abatement.
There aze several changes to the existing contract that allow for better accountability and use of
available resources:
1) The two graffiti crews aze to be used exclusively for graffiti abatement. Under the
previous contract they were being pulled from their duties to do other projects and were
actually, according to Los Padrinos logs, only doing graffiti abatement approximately
forty percent of their time.
2) A third crew will be used to do trash, weed and debris removal and code enforcement
abatements. Previously, graffiti crews were being pulled to do code enforcement
abatements both by warrant and consent. Since this is a combination crew the number
of abatements needed by Code Enforcement will impact the ability to do trash and
debris removal. The Police Ad Hoc Committee asked that this be monitored over the
coming months.
3) In the past, city departments, outside agencies and community groups have used Los
Padrinos for their projects as needed. Except in rare cases the cost of these services will
be considered outside the contract and payment for these services must be arranged by
the entity requesting services.
It should also be noted that one additional graffiti abatement crew is being funded by the
Economic Development Agency under a sepazate Community Development Block Grant
contract. The crew will be scheduled to cover Saturday and Sundays.
1
Services provided pursuant to this agreement shall be at the direction and under the oversight of
the Director of Code Enforcement or his/her designee.
FINANCIAL IMPACT:
The fending for this program will be through the General Fund in the amount of $588,000 for
fiscal yeaz 2007/2008. Funding for this contract has been included in account number 001-077-
5505.
RECOMMENDATION
Adopt resolution.
2
1
RESOLUTION NO.
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
4 EXECUTION OF A SERVICES AGREEMENT WITH LOS PADRINOS,
YOUTH SERVICES AND ISSUE A PURCHASE ORDER IN THE
5 AMOUNT OF $588,000 FOR GRAFITTI AND ABATEMENT SERVICES.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7
8 CITY OF SAN BERNARDINO AS FOLLOWS:
9
SECTION 1. The City Manager of the City of San Bemazdino is hereby
10
authorized and directed to execute, on behalf of said City, a new Services
11
12 Agreement with LOS PADRINOS, INC., anon-profit organization, a copy of
13 Which is attached hereto and incorporated herein by this reference.
• 14
SECTION 2. Authorize the Director of Finance or her designee to issue a
15
16 Purchase order in the amount of $588,000 to Los Padrinos Youth Services.
17
SECTION 3. The authorization to execute the above referenced agreement is
18
19 rescinded if the pazties to the agreement fail to execute it within sixty (60) days of
20 the passage of this resolution.
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1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
2 EXECUTION OF A SERVICES AGREEMENT WITH LOS PADRINOS,
YOUTH SERVICES AND ISSUE A PURCHASE ORDER IN THE
3 AMOUNT OF $588,000 FOR GRAFITTI AND ABATEMENT SERVICES.
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernazdino at a meeting
7 thereof, held on the day of , 2007, by the following vote, to wit:
8 Council Members AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
11 BAXTER
12 BRINKER
13 DERRY
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
19 Rachel G. Clazk, City Clerk
20 The foregoing resolution is hereby approved this _day of , 2007.
21
22 Patrick J. Moms, Mayor
23 City of San Bernardino
24 Approved as to form:
25 James F. Penman
City Attorney
26
27 By: .
28
2
SERVICES AGREEMENT
1
2 THIS AGREEMENT is entered into this 17`s day of September, 2007, by and between
3 Los Padrinos Youth Services, Inc. ("CONTRACTOR"), and the CITY OF SAN
4
BERNARDINO, a charter city ("CITY").
5
WITNESSETH:
6
~ WHEREAS, the City has a need for graffiti, weed, and debris removal, as well as
g abatement services within the CITY; and
9 WHEREAS, CONTRACTOR is competent, experienced and able to performed said
10 services;
11 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
12
parties hereto agree as follows:
13
1¢ SECTION 1: GRAFFITI REMOVAL SERVICES. CONTRACTOR shall famish
15 graffiti removal services to CITY as follows:
16 A. CONTRACTOR shall provide and equip two (2) crews, each consisting of one (1)
17 supervisor and two (2) other employees, who shall provide graffiti removal services to the CITY.
18 One (1) of such crews shall primarily be responsible for graffiti removal using water blasting
19 equipment.
20
B. CONTRACTOR shall schedule the work of said crews so that they shall be
21
~ exclusively dedicated to graffiti removal activities between the hours of 7:30 a.m. and 4:30 p.m.,
23 exclusive of meal breaks, Monday through Friday of each week, for a total of 80 crew hours of
2¢ graffiti removal services each week (40 hours per crew), excluding major holidays.
25 C. Twice per day, CONTRACTOR shall retrieve all voice mail messages left on the
26 CITY'S graffiti hotline, logging each call for graffiti removal service that is placed to the hotline.
27 CONTRACTOR shall complete each graffiti removal hotline request within 24 hours of its
28
t
i
retrieval from the voice mail system. For purposes of this Agreement, 24 hours is defined in
1 terms of consecutive hours.
2
3 D. When all graffiti reported to the hotline in a given day has been removed,
4 CONTRACTOR shall direct crews to proactively remove graffiti on a systematic basis
5 throughout the CITY. In no case will graffiti removal crews be assigned to other work other than
6 graffiti removal without the express written consent of the Director of Code Enforcement or
7 his/her designee.
8
E. In all instances, paint will be matched on all surfaces to be abated. When paints
9
cannot be matched, surfaces to be abated will be completely repainted in a color which is
10
11 aesthetically consistent with that of surrounding structures. Natural unpainted surfaces (i.e.,
12 brick walls, concrete curbs, sidewalks, signs, and metal poles) will be water blasted and not
13 painted. Over time, all structures which have been previously spot painted will be recovered to
14 conform to the primary color of the structure, or completely repainted.
15 SECTION 2: BEAUTIFICATION AND ABATEMENT SERVICES.
16
CONTRACTOR shall furnish debris, trash, weed removal, abatement, special project
17
18 services ("beautification and abatement services") to CITY as follows:
19 A. CONTRACTOR shall provide and equip one (1) crew, consisting of one (1)
20 supervisor and two (2) other employees, who shall provide debris, trash, weed removal,
21 abatement, and special project services in CITY. CONTRACTOR shall schedule the work of
~ said crew so that they shall be exclusively dedicated to beautification and abatement services,
23
five (5) days per week, for a total of forty (40) crew hours per week, excluding major holidays.
24
1. CONTRACTOR shall assign said crew to do the following:
25
26 a. Remove weeds and pick up trash and debris that is illegally dumped in
. 27 alleys and other public rights-of--way as may be directed by the Director of Code Enforcement or
2$ his/her designee.
2
b. Upon the request of the Director of Code Enforcement or his/her designee,
1
2 board unsecured buildings, remove debris, weeds, and litter from properties, remove overgrown
3 vegetation, and any other abatement activities on private property as may be assigned.
4 CONTRACTOR shall be available to perform these duties 7:30 a.m. to 4:30 p.m. Monday
5 through Saturday. CONTRACTOR shall be responsible for providing materials necessary for
6 abatement activities, including boazding of unsecured buildings.
7
c. Perform other special projects as may be directed by the Director of Code
8
9 Enforcement or his/her designee. In no case will the beautification and abatement services crew
10 be assigned to work other than that specified in this Section without the express written consent
11 of the City Manager or his/her designee.
12 d. Parties agree to reopen this section of the agreement if the abatement
13 ~,orkload increases so that 40 hours of crew time per week becomes insufficient to meet the
14 needs of the CITY.
15
SECTION 3: TERM AND COMPENSATION. The term of this Agreement
16
17 shall be for one (1) year, beginning on October I, 2007, and terminating on September 31, 2008.
18 This Agreement may be terminated at any time by thirty (30) days written notice by
19 either party.
20 A. For services provided pursuant to this Agreement, CONTRACTOR shall be paid
21 849,000 per month. CONTRACTOR shall provide the Director of Code Enforcement with a
~ monthly invoice in arreazs and shall be provided payment the first week of the proceeding
23
month. CITY retains the right to challenge all or any part of an invoice. Financial records shall
24
25 be maintained in accordance with generally accepted accounting principles by CONTRACTOR
26 in such a manner as to permit CITY to easily trace the expenditure of funds. All books and
27 records of CONTRACTOR aze to be kept open for inspection at any time during the business
28 day by the CITY or its officers or agents. Failure to submit the financial records in accordance
3
with this section will result in the CONTRACTOR reimbursing the CITY in the full amount
1
' received by CONTRACTOR.
2
B. Additional services beyond the crew hours more fully described in Sections 1 and
3
4 2 of this Agreement may be requested at the sole discretion of the Director of Code Enforcement
5 or his/her designee. If such additional services aze needed, CONTRACTOR shall provide an
G estimate of the time and materials cost for the additional services. If the Director of Code
7
Enforcement authorizes CONTRACTOR to provide additional services, CONTRACTOR shall
8
provide a sepazate invoice for said additional services. In no case shall CONTRACTOR provide
9
10 additional services unless they aze authorized by the Director of Code Enforcement or his/her
11 designee. No other City Official except the City Manager or his/her designee shall be permitted
12 to request or authorize additional services pursuant to this Agreement.
13 SECTION 4: OVERSIGHT. Services provided pursuant to this agreement and a
14
separate agreement between the CONTRACTOR and Economic Development Agency shall be
15
at the direction and under the oversight of the Director of Code Enforcement or his/her designee.
16
1,~ CONTRACTOR shall communicate directly with the Director of Code Enforcement or his/her
18 designee to schedule work, and any requests for services received from others by the
19 CONTRACTOR shall be forwarded to the Director of Code Enforcement or his/her designee,
20 who will determine if said requests will be fulfilled.
21 SECTION 5: REPORTING. CONTRACTOR shall provide monthly reports to
~ CITY, in a format approved by CITY, detailing the work performed by CONTRACTOR on
23
graffiti removal, beautification services, and abatement services. Additional reports that will be
24
~ kept by CONTRACTOR and available for review upon request by CITY shall include, but not be
' 26 limited to, the following:
27 1. Record of each call received by the graffiti hotline; including the date and time
' 28 the call was logged, the location of the reported graffiti, and the date and time on which the
4
reported gaffiti was removed. The purpose of this record is to allow CITY to monitor
1
2 CONTRACTOR'S performance pursuant to Section 1, Part 1 of this Ageement.
3 2. Daily log of the specific work performed by each crew provided by
4 CONTRACTOR, and the time spent on said work, including the specific tasks performed and the
5 time spent on each specific task, to include sufficient specificity so as to allow CITY to monitor
6 CONTRACTOR' S performance pursuant to Sections 1 and 2 of this Agreement.
7
3. Any other information that may be requested by CITY.
8
SECTION 6: OTHER AGREEMENTS. It is understood that as of the effective date
9
10 °f this Agreement, CONTRACTOR has entered into a separate Agreement with CITY for the
11 Provision of one (1) graffiti removal crew to perform services in low and moderate income
12 census tract azeas of the CITY, under a Community Development Block Grant (CDBG)
13 allocation. It is also understood that CONTRACTOR provides services to other entities from
14 time to time, including the Economic Development Agency ("EDA") of the City of San
15
Bemazdino. Graffiti removal services provided pursuant to said CDBG allocation aze in addition
16
17 to those performed pursuant to this Ageement, and shall not supplant services provided pursuant
18 to this Agreement. Contractor shall keep separate daily logs for the gaffiti removal crew that is
19 working under the CDBG contract in order to allow CITY and EDA to ensure that there is no
20 overlap of services provided under the CDBG contract and this Agreement.
21 Services provided to EDA, such as assistance in maintenance of EDA-owned properties,
22
aze not provided pursuant to this Agreement, and the EDA shall be billed sepazately for those
23
services.
24
25 SECTION 7: INDEMNITY.
26 CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers,
27 employees and agents (including, without limitation, reasonable costs of defense and reasonable
28 attorney's fees) azising out of or related to CITY'S performance of this agreement, except that
5
1 such duty to indemnify, defend and hold hazmless shall not apply where injury to person or
2 property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend
3 and hold harmless the CONTRACTOR, its officers, employees and agents (including, without
4 limitation, reasonable costs of defense and reasonable attomy's fees) arising out of or related to
5 CONTRACTOR'S performance of this Agreement, except that such duty to indemnify, defend
6 and hold harmless shall not apply where injury to person or property is caused by
7
CONTRACTOR'S willful misconduct or negligence. The costs, salazy and expenses of the City
8
9 Attorney and members of his office in enforcing this Agreement on behalf of the CITY shad be
10 considered as "attorneys' fees" for the purposes of this pazagraph.
11 SECTION 8: INSURANCE.
12 While not restricting or limiting the forgoing, during the term of this Agreement,
13 CONTRACTOR shall maintain in effect policies of comprehensive public, general and
. 14
automobile insurance, in the amount of $1,000,000.00 combined single limit, and statutory
15
worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
16
17 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
18 additional named insured in each policy of insurance provided hereunder. The CeRificate of
19 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
20 termination in the policy.
21 SECTION 9: NON-DISCRIMINATION.
22
In the performance of this Agreement and in the hiring and recruitment of employees,
23
CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
24
25 handicap, ethnic background or country of origin.
26 SECTION 10: INDEPENDENT CONTRACTOR.
27 CONTRACTOR shall perform work tasks provided by this Agreement but for all intents
28
6
and purposes CONTRACTOR shall be an independent contractor and not an agent or employee
1
• 2 of the CITY.
3 SECTION 11: NOTICES.
4 Any notice to be given pursuant to this Agreement shall be deposited with the United
5 Postal Service, postage prepaid and addressed as follows:
6 TO THE CITY: Director of Code Enforcement
7 300 North "D" Street
San Bernazdino, CA 92418
8
TO THE CONTRACTOR: Los Padrinos Youth Services
9 P.O. Box 479
10 San Bemazdino, CA 92402
11 SECTION 12: ATTORNEYS' FEES
12 In the event that litigation is brought by any pazty in connection with this agreement, the
13 prevailing party shall be entitled to recover from the opposing party all costs and expenses, .
. 14 including reasonable attorneys' fees, incun•ed by the prevailing party in the exercise of any of its
15
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
16
hereof. The costs, salary and expenses of the City Attorney and members of his office in
17
18 enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
19 P~Poses of this pazagraph.
20 SECTION 13: ASSIGNMENT
21 CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or
~ encumber all or any part of the CONTRACTOR'S interest in this Agreement without CITY'S
23
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
24
25 void and shall constitute a breach of this Agreement and cause for the termination of this
26 Agreement. Regazdless of CITY'S consent, no subletting or assignment shall release
• 27 CONTRACTOR of CONTRACTOR'S obligation to perform all other obligations to be
28 performed by CONTRACTOR hereunder for the term of this agreement.
7
SECTION 14: GOVERNING LAW
1
. 2 This contract shall be governed by and construed and interpreted in accordance with the
3 laws of the State of Califomia without regard to principles of conflicts of law.
4 SECTION I5: VENUE
5 The parties hereto agree that all actions or proceedings arising in connection with this
6 Agreement shall be tried and litigated either in the State courts located in the County of San
7
Bernardino, State of California of the U.S. District Court for the Central District of Califomia.
8
The aforementioned choice of venue is intended by the parties to be the mandatory and not
9
10 permissive in nature.
11 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date first written above.
12
13 DATE: CITY OF SAN BERNARDINO
• 14
15
By:
16 Fred Wilson, City Manager
17
18 DATE: LOS PADRINOS YOUTH SERVICES
19
20
21 By:
~ Max Alonzo, Director
23
24 Approved as to
~ Form: Attest:
26 JAMES F. PENMAN, RACHEL CLARK,
City Attorney City Clerk
27
28
By: By:
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