HomeMy WebLinkAbout41-Code Compliance
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
FROM:
Glenn Baude, Director
Code Compliance
OE;: iI':ML
DEPT:
CODE COMPLIANCE/MAYOR
SUBJECT: A RESOLUTION
EXECUTING A NEW SERVICES
AGREEMENT WITH LOS PADRINOS
YOUTH SERVICES AND RESCINDING
RESOLUTION~!HEREBY
TERMINATING THE ~STING
AGREEMENT n h , .
dOCll-1-, \0
DATE:
August 20,2001
Synopsis of Previous Council Action:
6121/99 - Resolution 99-149 approved extension of contract with Los Padrinos for one
year for citywide graffiti abatement
6/1912000 - Resolution 2000-183 approved extension of contract with Los Padrinos for
one year for citywide graffiti abatement
6/04/2001 - Resolution 2001-146 approved extension of contract with Los Padrinos for
one year for citywide graffiti abatement
Recommended Motion:
Adopt the Resolution
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Signature
Contact person: ~">nn R.IIIM
Phone: 3A.4_'i3R4
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS:
Amount:
General Fund $280,300
CDBG $166,700
Source: (Acct. No.) 001-077-5505
(AI"r1 n",,,,,rirtinn) r.r..ffiti R",mnv..1
Finance:
Council Noals:12~ :tt2GJ \- 4,'1
Agenda Item Number
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8/UJ/OJ
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
A resolution executing a new Services Agreement with Los Padrinos Youth Services to
provide an increase in the current graffiti removal service, and to expand existing services
to include weed, litter and debris removal and staffing for Project Curb Appeal. In
addition, the resolution rescinds resolution 2001-146 thereby terminating the existing
agreement.
BACKGROUND:
The following were among the priority goals adopted by the Mayor and Council prior to
the FY 2001-2002 budget preparation process: image enhancement; develop more
effective blight abatement (beautification); and provide adequate staffing levels to meet
service demands. As a step toward meeting those goals, the FY 2001-2002 Adopted
Code Compliance budget included $224,000 in funding for contract graffiti abatement
services provided by Los Padrinos Youth Services.
At the July 23m Council meeting, the Mayor and Council increased this funding by
$75,000 (to a new total of $299,000) to expand the current services to include weed, litter
and debris removal and staffing for Project Curb Appeal. In addition to the City's
$299,000 budget for abatement services, EDA also allocated $100,000 in CDBG funding
for contract graffiti and abatement services from Los Padrinos. Between the City and
CDBG funding from EDA, there is $399,000 available for contract graffiti and blight
abatement services for FY 01-02.
In order to increase services to more effectively meet the City's adopted goals, staff
estimates an additional $75,000 is needed. It is proposed that this additional $75,000 be
funded through reallocation of Community Development Block Grant funds. Execution
of this new Services Agreement is conditional upon approval of funding by the
Community Development Commission. The Mayor and Council are considering this
reallocation ofCDBG funds on today's agenda. If this additional funding is approved, a
total of $474,000 will be available in fiscal year 2001/2002 for contract abatement
services including:
)> Expand graffiti crews to (3) full crews
)> Add a full time Project Curb Appeal crew
)> Assign a crew to do weed abatement and pick-up of illegal dumping
)> Provide assistance to special project areas in Delman Heights and Arden/Guthrie
)> Other Projects as assigned: the Saturday program with the Probation Youth,
assisting on an as needed basis to help elderly, disabled or other persons that
are financially unable to take care of weeds/debris on their property; removal
of temporary signs; large projects such as: the Soap Box Derby, the Chili
Cook-off, helping pass out flyers for neighborhood associations, helping with
community clean-ups and numerous other events and last, but not least,
maintain as necessary Agency owned properties.
<"
Currently, Los Padrinos has two contracts for service, one with the City and another with
the Economic Development Agency. The proposed new service agreement will replace
these two agreements and consolidate the two contracts into one Master Services
Agreement through the City. The City's Code Compliance Department will provide
program oversight and administration of the new Master Services Agreement with Los
Padrinos.
FINANCIAL IMPACT:
As stated above, between the City and CDBG funding through EDA, $399,000 is
available for abatement activities. An additional $75,000 for abatement activities is being
requested from the Community Development Commission at today's (8/20/01) Council
meeting. If approved, $474,000 will be available for abatement activities for the fiscal
year.
Total compensation to Los Padrinos for FY 2001-2002 will be $474,000. While a new
contract was being developed and negotiated, Los Padrinos performed work in July under
their existing contracts with the City and EDA for $27,000. The proposed new,
consolidated contract with Los Padrinos is for the eleven- (11) month period of August
1,2001 to June 30th, 2002. The new consolidated contract will be for $447,000.
Of the $447,000, $280,300 is already included in the Code Compliance Department's FY
01-02 adopted budget, $91,700 is included in EDA's CDBG budget, and the remaining
$75,000 is being requested at today's Council/Community Development Commission
Meeting.
Because the City's Code Compliance Dept. will now be administering both the City's and
EDA's areas of the contract with Los Padrinos, a budget amendment is needed to move
EDA's portion of the funding ($91,700) from EDA to the Code's budget. (Revenues and
expenditures will be increased equally, therefore there is no net impact to the City's
General Fund). Another budget amendment increasing CDBG revenue reimbursement
and Code's budget by $75,000 will be required if the request for an additional allocation
offunds is approved at the 8/20/01 Council meeting.
RECOMMENDATION:
1. Adopt Resolution;
2. Authorize the Director of Finance to amend the FY 2001-2002 Adopted budget and
increase the Code Compliance budget by $91,700 and EDA revenue reimbursement
in a corresponding amount to reflect the contract/abatement costs to be reimbursed
with existing CDBG funds; and
3. Authorize the Director of Finance to amend the FY 2001-2002 Adopted budget and
increase the Code Compliance budget by $75,000 and EDA revenue reimbursement
in a corresponding amount to reflect the increased CDBG allocation for
reimbursement of contract/abatement costs. NOTE: this motion is contingent upon
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the City Council, in its capacity as Community Development Commission,
reallocating these CDBG funds at the 8/20/01 Council meeting.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW SERVICES AGREEMENT WITH LOS
PADRINOS, YOUTH SERVICES INC. A NON-PROFIT ORGANIZATION,
AND RESCINDING RESOLUTION 2001-46 THEREBY TERMINATING
THE EXISTING AGREEMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY {'Jf 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 current Services Agreement authorized by Resolution 2001-
146 is hereby rescinded thereby terminating the existing Services Agreement.
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.
III
III
III
III
III
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SERVICES AGREEMENT
THE EFFECTIVE DATE OF THIS AGREEMENT is
day
of
,2001 between
("CONTRACTOR") and the CITY OF SAN
BERNARDINO ("CITY").
WITNESSETH:
A. WHEREAS, CITY has need for graffiti. weed and debris removal services within the
CITY and,
B. WHEREAS, CONTRACTOR is competent, experienced and able to perform
said services;
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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 will consistently look for structures to be abated and will
Heights and Arden/Guthrie. They will provide service two full days in the Delman Heights
area and two half days in Arden/Guthrie.
h) CONTRACTOR will continue to help the Economic Development Agency with
their maintenance responsibilities on Agency owned properties, as needed.
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5. The term of this Agreement shall be from August 1,2001 to June 30, 2002. It
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20 may be canceled by thirty days written notice by either party. The Mayor, or her
21 designee, is authorized to extend this agreement for up to thirty (30) days and approve
22 line item adjustments to the Agreement's program budget as long as any such extension
23 is upon the same terms and conditions as specified herein.
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i) CONTRACTOR shall perform special services at the direction of the City
Administrator or Executive Director of the Economic Development Agency.
Over the term of this Agreement, CONTRACTOR shall be paid $447,000 for
such services. As the length ofthis contract is eleven months payments will be made
monthly in amounts equal to 1/11 of the contract amount.
4. CONTRACTOR shall provide the Director of Code Compliance 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 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
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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7. CONTRACTOR shall indemnify, defend and hold CITY AND ECONOMIC
DEVELOPMENT AGENCY, its officers, employees and agents harmless from any claim,
demand, liability, suit, judgement 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
where injury to person or property is caused by CITY'S OR ECONOMIC
DEVELOPMENT AGENCY'S willful misconduct or sole negligence.
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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 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 cancelled or substantially altered.
9. CONTRACTOR shall perform work tasks as directed by the Code Compliance
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.
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11.
Any notice to be given pursuant to this Agreement shall be deposited with the
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United States Postal Services, postage prepaid and addressed as follows:
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TO THE CITY:
Glenn Baude. Dir. of Code Compliance
Code Compliance Department
City of San Bernardino
201 "E" Street Suite 201
San Bernardino, CA 92418
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
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
Business Name
Signature
Date:
By
ATTEST:
Judith Valles,
Mayor
Rachel Clark, CityClerk
Approved as to form
and legal content:
James F. P.enman,
City Attorney
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OFFICE OF THE CITY CLERK
RACHEL G, CLARK, C.M.C. - CITY CLERK
'"
P.O. Box 1318. San Bernardino. CA92402
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.ci.san-bernardino.ca.us
August 28, 2001
Los Padrinos
P.O. Box 479
San Bernardino, CA 92402
Dear Sir,
At the Mayor and Common Council meeting of August 20, 2001, the City of San Bernardino
adopted Resolution 2001-269 - Resolution authorizing execution of a new services agreement
with Los Padrinos Youth Services, Inc., a non-projit organization, and rescinding Resolution No.
2001 -I 46 thereby terminating the existing agreement.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please retain a copy of the agreement/or your jiles.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by October 19, 2001.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
/ j' (/f'~.J'(:'~i .,.1;",.r
Michelle Taylor
Senior Secretary
Enclosure
cc: Glenn Baude, Director of Code Compliance
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 4, 2001
TO:
Glenn Baude, Director of Code Compliance
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-269 - Agreement with Los Padrinos Youth Services, Inc.
CC:
Finance
Attached is an executed copy of the agreement between the City of San Bernardino and Los
Padrinos Youth Services, Inc. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
",
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 't-20-0\ Item # ~A \
Vote: Ayes I Il1-'1 Nays h--
Change to motion to amend original documents:
Resolution # 7 C'\.\ t- c&, <'j
Abstain --G- Absent .:J I ?,
Reso. # On Attachments: ---.L Contract term: -
Note on Resolution of Attachment stored separately: --=:::....
Direct City Clerk to (circle I); PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: '6 /,z<-k"
Date of Mayor's Signature: '6/;J::>., I (~\
Date ofClerklCDC Signature: \S 1.;13) D \
NulllVoid After: 1.0 (', D/i'(\ / IO-lq -o(
I
By: -
Reso. Log Updated:
Sea11mpressed:
V"
v
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: / Date Returned: '6'-"6 \ -0 \
See Attached:
See Attached:
Date Memo/Letter Sent for Signature;
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below);
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557);
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance ,/'" Dev. Services
Police Public Services
Water
Notes:
Yes / No By
Yes No ..L By
Yes No / By
Yes No t/ By
Yes No 7 By
-
EDA
Finance 0/'
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File~
Date: g -"1-0 \,
Revised 01/12/01