HomeMy WebLinkAbout2007-398
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RESOLUTION NO. 2007-398
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A SERVICES AGREEMENT WITH LOS PADRINOS,
YOUTH SERVICES AND ISSUE A PURCHASE ORDER IN THE
AMOUNT OF $588,000 FOR GRAFITTI AND ABATEMENT SERVICES.
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 new Services
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. Authorize the Director of Finance or her designee to issue a
purchase order in the amount of $588,000 to Los Padrinos Youth Services.
SECTION 3. 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of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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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A SERVICES AGREEMENT WITH LOS PADRINOS,
YOUTH SERVICES AND ISSUE A PURCHASE ORDER IN THE
AMOUNT OF $588,000 FOR GRAFITTI AND ABATEMENT SERVICES.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
joint
Mayor and Common Council of the City of San Bernardino at arellular meeting
thereof, held on the 17 th day of Sel>tembel" 2007, by the following vote, to wit:
Council Members
AYES NAYS
x
x
x
-----X-
x
x
x
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
~Jj.~
o ~~Thl~~.
The foregoing resolution IS hereby approved this /91'Vday 07 Sept. , 2047.
Approved as to form:
James F. Penman
City Attorney
BYd<l<'- 1- ~
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2007-398
SERVICES AGREEMENT
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2 TillS AGREEMENT is entered into this 17th day of September, 2007, by and between
3 Los Padrinos Youth Services, Inc. ("CONTRACTOR"), and the CITY OF SAN
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BERNARDINO, a charter city ("CITY").
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WITNESSETH:
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WHEREAS, the City has a need for graffiti, weed, and debris removal, as well as
abatement services within the CITY; and
WHEREAS, CONTRACTOR is competent, experienced and able to performed said
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
parties hereto agree as follows:
SECTION 1: GRAFFITI REMOVAL SERVICES.
CONTRACTOR shall furnish
graffiti removal services to CITY as follows:
A. CONTRACTOR shall provide and equip two (2) crews, each consisting of one (1)
supervisor and two (2) other employees, who shall provide graffiti removal services to the CITY.
One (1) of such crews shall primarily be responsible for graffiti removal using water blasting
equipment.
B.
CONTRACTOR shall schedule the work of said crews so that they shall be
exclusively dedicated to graffiti removal activities between the hours of 7:30 a.m. and 4:30 p.m.,
exclusive of meal breaks, Monday through Friday of each week, for a total of 80 crew hours of
graffiti removal services each week (40 hours per crew), excluding major holidays.
C. Twice per day, CONTRACTOR shall retrieve all voice mail messages left on the
CITY'S graffiti hotline, logging each call for graffiti removal service that is placed to the hotline.
CONTRACTOR shall complete each graffiti removal hotline request within 24 hours of its
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2007-398
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retrieval from the voice mail system. For purposes of this Agreement, 24 hours is defined in
terms of consecutive hours.
D. When all graffiti reported to the hotline in a given day has been removed,
CONTRACTOR shall direct crews to proactively remove graffiti on a systematic basis
throughout the CITY. In no case will graffiti removal crews be assigned to other work other than
graffiti removal without the express written consent of the Director of Code Enforcement or
his/her designee.
E. 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. Natural unpainted surfaces (i.e.,
brick walls, concrete curbs, sidewalks, signs, and metal poles) will be water blasted and not
painted. Over time, all structures which have been previously spot painted will be recovered to
conform to the primary color of the structure, or completely repainted.
SECTION 2: BEAUTIFICATION AND ABATEMENT SERVICES.
CONTRACTOR shall furnish debris, trash, weed removal, abatement, special project
services ("beautification and abatement services") to CITY as follows:
A. CONTRACTOR shall provide and equip one (I) crew, consisting of one (I)
supervIsor and two (2) other employees, who shall provide debris, trash, weed removal,
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,
five (5) days per week, for a total offorty (40) crew hours per week, excluding major holidays.
I. CONTRACTOR shall assign said crew to do the following:
a. Remove weeds and pick up trash and debris that is illegally dumped in
alleys and other public rights-of-way as may be directed by the Director of Code Enforcement or
his/her designee.
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2007-398
b.
Upon the request of the Director of Code Enforcement or his/her designee,
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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
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abatement activities, including boarding of unsecured buildings.
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11 of the City Manager or his/her designee.
12 d. Parties agree to reopen this section of the agreement if the abatement
13 workload increases so that 40 hours of crew time per week becomes insufficient to meet the
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needs of the CITY.
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17 shall be for one (I) 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 $49,000 per month. CONTRACTOR shall provide the Director of Code Enforcement with a
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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 are 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 [mancial records in accordance
c.
Perform other special projects as may be directed by the Director of Code
Enforcement or his/her designee. In no case will the beautification and abatement services crew
be assigned to work other than that specified in this Section without the express written consent
SECTION 3: TERM AND COMPENSATION.
The term of this Agreement
monthly invoice in arrears and shall be provided payment the first week of the proceeding
month. CITY retains the right to challenge all or any part of an invoice. Financial records shall
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2007-398
Enforcement authorizes CONTRACTOR to provide additional services, CONTRACTOR shall
provide a separate invoice for said additional services. In no case shall CONTRACTOR provide
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reported graffiti was removed. The purpose of this record is to allow CITY to monitor
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2 CONTRACTOR'S performance pursuant to Section 1, Part 1 of this Agreement.
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
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SECTION 6: OTHER AGREEMENTS. It is understood that as of the effective date
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10 of 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 areas of the CITY, under a Community Development Block Grant (CDBG)
13 allocation. It is also understood that CONTRACTOR provides services to other entities from
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time to time, including the Economic Development Agency ("EDA") of the City of San
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Bernardino. Graffiti removal services provided pursuant to said CDBG allocation are in addition
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17 to those performed pursuant to this Agreement, and shall not supplant services provided pursuant
18 to this Agreement. Contractor shall keep separate daily logs for the graffiti 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.
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are not provided pursuant to this Agreement, and the EDA shall be billed separately for those
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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) arising out of or related to CITY'S performance of this agreement, except that
CONTRACTOR'S performance pursuant to Sections 1 and 2 of this Agreement.
3. Any other information that may be requested by CITY.
Services provided to EDA, such as assistance in maintenance of EDA-owned properties,
services.
SECTION 7: INDEMNITY.
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worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
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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 Certificate of
19 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
20 termination in the policy.
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CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
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25 handicap, ethnic background or country of origin.
SECTION 10: INDEPENDENT CONTRACTOR.
SECTION 8: INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
CONTRACTOR shall maintain in effect policies of comprehensive public, general and
automobile insurance, in the amount of $1,000,000.00 combined single limit, and statutory
SECTION 9: NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
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CONTRACTOR shall perform work tasks provided by this Agreement but for all intents
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and purposes CONTRACTOR shall be an independent contractor and not an agent or employee
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2 of the CITY.
SECTION 11: NOTICES.
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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:
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Director of Code Enforcement
300 North "D" Street
San Bernardino, CA 92418
TO THE CONTRACTOR:
Los Padrinos Youth Services
P.O. Box 479
San Bernardino, CA 92402
ATTORNEYS' FEES
SECTION 12:
In the event that litigation is brought by any party in connection with this agreement, the
13 prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
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hereof. The costs, salary and expenses of the City Attorney and members of his office in
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rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
18 enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
19 purposes of this paragraph.
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SECTION 13:
ASSIGNMENT
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encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's
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CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
void and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release
CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be
performed by CONTRACTOR hereunder for the term of this agreement.
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2007-398
SECTION 14: GOVERNING LAW
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3 laws of the State of California without regard to principles of conflicts of law.
This contract shall be governed by and construed and interpreted in accordance with the
4 SECTION 15: VENUE
5 The parties hereto agree that all actions or proceedings arising in connection with this
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Agreement shall be tried and litigated either in the State courts located in the County of San
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Bernardino, State of California or the U.S. District Court for the Central District of California.
The aforementioned choice of venue is intended by the parties to be the mandatory and not
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permissive in nature.
11 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date first written above.
CITY OF SAN BERNARDINO
By:
Fred Wi!
LOS PADRINOS YOUTH SERVICES
By MJJJ?1II
Max Alonzo, Director
Attest:
RACHEL CLARK,
City Clerk
BY:ut. ~ J..~ f.J. (' 1.. t11...../e..
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