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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTg~ I GJNAL
From: Glenn Baude, Code
Compliance Director
Subject: Resolution of the City of San Bernardino
authorizing execution of a Services
Agreement with Los Padrinos Youth
Services
Dept: Code Compliance
Date: June 20, 2005
Synopsis of Previous Council Action:
7/0112002 - Resolution 2002-216 approved ext$nsion of a contract with Los Padrinos
Youth Services for one year.
12/01/2003 - Resolution 2003-323 Amended the contract to include board ups and
clean up services for Code Compliance
6/1612003 - Resolution 2003-137 Approved extension of a contract with Los Padrinos
Youth Services for one year
July 6, 2004 - Resolution 2004-223 Approved extension of contract with Los Padrinos
Youth Services for one year
Recommended Motion:
Adopt Resolution
dtL 4,e~
Signature
Contact person: Glenn Bauds, Director of Code Compliance
Phone: 384-5364
Supporting data attached:
Yes
Ward: All
FUNDING REQUIREMENTS: Amount: $588,000
Source: (Acct. No.) 001-077-5505
(Acct. Description) Graffiti Abatement
Finance:
Council Notes:
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Agenda Item No. ~
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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,
in the amount of$588,000, with Los Padrinos Youth Services Inc., a non-profit
organization for fiscal year 2005-2006.
BACKGROUND:
Since June of 1992 the City of San Bernardino has contracted with Los Padrinos Youth
Services to provide citywide graffiti removal. On July 3,2001 the City Council
expanded the Services Agreement to include weed, litter and debris removal and staffing
for Project Curb Appeal.
The proposal for 2005-2006 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. 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.
~ A crew assigned to do weed abatement and 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 Delman Heights and Arden/Guthrie.
~ A crew to provide code compliance abatements under warrant to include board ups,
debris removal and weed abatement
~ Other Projects as assigned: 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 maintaining as necessary
Economic Development Agency owned properties.
The Los Padrinos contract is administered by Code Compliance.
FINANCIAL IMPACT:
The program is fully funded from Community Development Block Grant funds, in the
amount of $588,000. This fund is in the same amount as last fiscal year.
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RECOMMENDATION:
Adopt resolution.
Attachments:
1 ) Resolution
2) Services Agreement
41220212003
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RESOLUTION NO. ---t OlIPY
RESOLUTION OF THE CIlY 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 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 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 AUTHORlZLl\IfG
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
, 2005, by the following vote, to wit:
Council Members
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
LONGVILLE
DERRY
MCGINNIS
MCCAMMACK
JOHNSON
KELLEY
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this _day of
,2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and
23 legal content:
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James F. Penman
City (j; "
BY/j ..h0
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SERVICES AGREEMENT
THE EFFECTIVE DATE OF THIS AGREEMEl\"T is day
of , 2005 between
LOS PADRINOS 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
service between the City of San Bern3rdino, San Bernardino Economic Development
Agency and Los Padrinos Youth Services, Inc.
2. CONTRACTOR shall furnish services to CITY to include the
followi:1g:
a) The purpose of this agreement is to 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.
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d) CON.RACTOR 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,
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 litter from the parkway, sidewalk, curbs and
gutters. CONTRACTOR will provide the City with a maintenance schedule for each street.
t) 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 Delman
Heights and Arden/Guthrie. They will provide service two full days in the Delman Heights
area and two half days in Arden/Guthrie.
g) CONTRACTOR shall act as abatement crew for Code Compliance boarding unsecured
buildings, removing debris, weeds and litter from properties and removing overgrown vegetation and
performing all abatement activities as assigned by Code Compliance. 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.
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
Administrator or Executive Director of the Economic Development Agency.
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3. Over the tenn of this Agreement, CONTRACTOR shall be paid $5li8,000 for
such services. As the length of this new contract is twelve months, payments will be made
monthly in amounts equal to 1/12 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 pennit CITY to easily trace the expenditure of
funds. All books and records of CO};lRACTOR are to be kept open for inspection at
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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
CO~TRACTOR reimbursing the CITY in the full amount received by CONTRACTOR.
5. The tenn of this Agreement shall be from July 1,2005 to June 30, 2006. It
may be canceled by thirty days written notice by either party. The Mayor, or her
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 tenns and conditions as specified herein.
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.
7. CONTRACTOR shall indemnify, defend and hold CITY AND ECONOMIC
DEVELOPMENT AGENCY, its officers, employees and agents hannless from any claim,
demand, liability, suit, judgement of expenses (including, without limitation, reasonable
costs of defense) arising out of or related to CONTRACTOR'S perfonnance of this
agreement, except that such duty to indemnify, defend and hold hannless shall not apply
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2 where injury to person or property is caused by CITY'S OR ECO;\OMIC
3 DEVELOPME1'\T AGENCY'S willful misconduct or sole negligence.
4 8.
While not restricting or limiting the foregoing, during the term of this
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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 canceled 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.
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 Compliance
Code Compliance Department
City of San Bernardino
201 hE" Street Suite 201
San Bernardino, CA 92418
TO THE CO~TRACTOR:
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 ab'Tees and understands that prior to commellcing 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.
l~ WIT:\'ESS WHEREOF, the parties hereto ha\e executed this Agreement on the day
and date first above shown.
Date:
By
Los Padrinos Youth Services, Inc.
Signature
Date:
By
Judith Valles,
Mayor
ATTEST:
13 Rachel Clark, City Clerk
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Approved as to form
and legal content:
James F. Penman,
City Attorney
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): G" ~O" o!:' Item # _( d-
Vote: Ayes 1 Nays Abstain
Change to motion to amend original documents D/companion Resolutions
NulUVoidAfter: ~days/ ~I'{t, t))
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
Resolution #
)005 -' 170;
Absent
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PUBLISH 0 POST 0 /cORDW/COUNTY 0
Date Sent to Mayor: (r?" 0 ')
Date of Mayor's Signature: 'Y3' ~ S-
Date of Clerk/CDC Signature: lo')- '} ,4)
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Date Memo/Letter Sent for Signature: lP I Cl Date Returned:
1 ,\ Reminder Letter Sent: 2nd Reminder Letter Sent:
By:
Reso. Log Updated:
Seal Impressed:
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Not Returned: 0
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (64P' 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (55?}):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes
Yes
Yes
Yes
Yes
No
No /
By_
By_
No ",,/ By_
NoLr'- By_
NoL By_
Copies Distributed to:
.~~) Animal Control 0 EDA 0 Information Services 0
i1
r~ City Administrator ~/ Facilities D. Parks & Recreation 0
City Attorney Finance ~ Police Department 0
Code Compliance ~J Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes:
Ready to File:
Datltt\ 'Y'"
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 27, 2005
TO:
Glen Baude, Project Manager
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-179
At the Mayor and Common Council meeting of June 20, 2005, the City of San Bernardino
adopted Resolution No. 2005-179 - Resolution authorizing execution of a services agreement
with Los Padrinos, Youth Services, Inc., a non-profit organization.
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Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain
signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please keep the fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract will be null and void if not executed
within 60 days, or by August 19, 2005.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:.~ tl~
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Date: