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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
new services agreement with
Los Padrinos Youth Services, Inc., a
non-profit organization, and rescinding
Resolution 2003-137.
Dept: Code Compliance
ORIGINAL
Date: November 24, 2003
Synopsis of Previous Council Action:
8/20/2001 Resolution 2001-269 executed a new Services Agreement with Los Padrinos
consolidating the Economic Development Agency and City Services Agreement into one City
master services agreement and expanding the contract to include weed and litter abatement
and Project Curb Appeal.
7/13/2002 - Resolution 2002-216 approved extension of a contract with Los Padrinos Youth
Services for one year.
6/16/2003 - Resolution 2003-137approved extension of a contract with Los Padrinos Youth
Services for one year.
Recommended Motion:
Adopt resolution
Authorize Director of Finance to amend the FY 2003-04 Adopted Budget for the Sewer Fund,
Code Compliance Department, and Public Services Department as outlined in the staff report.
(No net impact to either fund.) -<1 L_ /S ~
Signature
Phone: 384-5364
Contact person: Glenn Baude. Director of Code Compliance
Supporting data attached:
Yes
Ward All
FUNDING REQUIREMENTS: Amount: $58,333 for 7 mos. FY 03-04
Source: (Acct. No.) 001-077-5505
Council Notes:
(Acct. Description)Other Professional Services
Finance: .~ ~_lv'#
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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 new services
agreement with Los Padrinos Youth Services and rescinding resolution 2003-17.
BACKGROUND:
Los Padrinos is currently funded to perform weed, litter and debris removal and staffing
for Project Curb Appeal. Staff is requesting that the contract be expanded to include
board-ups of vacant unsecured buildings.
Currently Public Services provides board-up and weed, litter and debris removal for code
enforcement actions. These responsibilities were transferred to the Public Services
Department in July of 1999 as a cost-saving opportunity as compared to the use of private
contractors to perform these functions. Initial funding of $125,000 was based on a
projection of a two-person crew (Maintenance Worker II), with supplemental staffmg
from work-sentence personnel one to two days a week. The current demand requires
they use approximately four full time staff to keep up. This has pulled people away from
parkway clean ups and street repairs and repairing potholes.
The resulting increase in performing the abatementlboard-up program has negatively
impacted Public Service's ability to clean and maintain the City's streets, medians, alleys,
culverts, catch-basin/storm drains, and other right-of-way areas. Additionally, a new
emphasis relating to the entrance gateways into the City through freeway on- and off-
ramps, and freeway shoulders within the City limits requires a redirection of staff
personnel.
Staff has had discussions with Los Padrinos Youth Services about providing abatement
and board-up services. Since their personnel costs are much lower than the City's, they
can expand the services provided for $100,000, leaving $25,000 to Public Services so
they continue to do board-ups on inspection abatements when building are closed and
residents relocated. In addition to the abatement services the funding will allow Los
Padrinos enough flexibility to have Supervisors work Saturdays and to restart a program
that uses 30 to 40 youths sentenced to community service hours by the courts to help
clean up San Bernardino. This will also provide additional resources to remove debris
from on and off ramps. For the remainder of this fiscal year, the new contract will be
from December I, 2003 to June 30, 2004 with a cost of the expanded services for those
seven months of$58,333.
FINANCIAL IMPACT:
Initial funding to the Public Services Street Division was $125,000 to fund two
Maintenance Worker II positions and material necessary to perform the duties.
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Accordingly, $100,000 is requested to be transferred and returned to Code Enforcement
to perform these duties on an annual basis ($58,333 for the seven remaining months of
this fiscal year).
Public Services will transfer the two Maintenance Workers II pOSitiOns currently
performing these duties to the Sewer Fund ($69,500 annually, $40,600 for the remaining
7 months this fiscal year) and reduce their materials and supplies account ($30,500
annually, $17,700 for the remaining 7 months this FY). $25,000 will remain for the
materials procurement, as the Street Division will continue to perform all City Attorney
related initiated abatements.
These two positions transferred to the Sewer Fund will be assigned as a night crew to the
Sewer Division, which will reduce the overtime expense by $40,600. Accordingly, there
should be no net impact to the Sewer Fund's overall costs. The proposed night crew
would allow for a maintenance schedule of business areas and heavy commercial zones
where vehicular traffic and commerce disruption negates normal maintenance functions,
as well as respond to all emergency off-hour call-outs. It is anticipated that this action
will reduce overtime expenditures in the Sewer Fund by $40,600.
The following budget amendment is needed to cover the period of December 1, 2003
through June 30th, 2004 (Seven (7) months):
Increase
Decrease
Decrease
001-077-5505 (Code Professional Contractual)
001-405-5011 (public Services salaries)
001-405-5111 (public Services m & 0)
Net Impact to General Fund
$58,300
($40,600)
($17.700)
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Increase
Decrease
132-431-5011 (Sewer salaries)
132-431-5015 (Sewer overtime)
Net Impact to Sewer Fund
$40,600
($40.600)
o
RECOMMENDATION:
1. Adopt Resolution;
2. Authorize the Director of Finance to amend the FY 2003-2004 Adopted Budgets for
the Sewer Fund, Code Compliance Department, and Public Services Department as
outlined in the staff report. (No net impact to either fund.)
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RESOLUTION 11 C O)JP Y
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW SERVICES AGREEMENT WITH WS
PADRINOS, YOUTH SERVICES INC. A NON-PROFIT ORGANIZATION,
AND RESCINDING RESOLUTION 2003-137.
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 P ADRlNOS, 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
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.
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SERVICES AGREEMENT
THE EFFECTIVE DATE OF THIS AGREEMENT is day
of , 2003 between
("CONTRACTOR") and the CITY OF SAN
BERNARDINO ("CITY").
WITNESSE1H:
8 A. WHEREAS, CITY has need for 1Uaffiti. weed. debris removal and abatement services within the
9 CITY and,
10 B. WHEREAS, CONTRACTOR is competent, experienced and able to perform
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graffiti, weed, litter and debris abatement prognun. In all instances, paint will be matched
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21 on all surfuces to be abated. When paints cannot be matched, surfaces to be abated will be
22 completely repainted in a color which is aesthetically consistent with that of surrounding
structures.
said services;
NOW TIlEREFORE, the parties hereto agree as fullows:
1. That this contract supersedes previous contracts and agreements for
service between the City of San Bernardino, San Bernardino Economic Development
Agency and Los Padrinos Youth Services.
2. CONTRACTOR sha1I furnish services to CITY to include the
following:
a) The purpose of this agreement is to effect a comprehensive citywide
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24 b) Natural unpainted surfuces (i.e., brick walls, concrete curbs, sidewalks and
25 metal railings) will be waterblasted, whenever possible.
26 c) Over time, all structures (which previously have been spot painted) will be
27 recovered to conform to the primary color of the structure, or completely repainted.
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3. Over the term of this Agreement, CONTRACTOR shall be paid $342,993 for
such services. As the length of this new contract is seven months, payments will be made
monthly in amounts equal to 1/7 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 resuh in the
CONTRACTOR reimbursing the CITY in the full amount received by CONTRACTOR
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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 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.
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 Bande. Dir. afCade Comnliance
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.
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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
Business Name
Signature
Date:
By
ATIEST:
Judith Valles,
Mayor
Rachel Clark, City Clerk
Approved as to form
and legal content:
By:
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
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December 5, 2003
Los Padrinos
P.O. Box 479
San Bernardino, CA 92402
At the Mayor and Common Council meeting of December I, 2003, the City of San Bernardino
adopted Resolution 2003-323 - Resolution authorizing execution of a new services agreement
with Los Padrinos Youth Services, Inc.. and rescinding Resolution 2003-137.
Enclosed is one (I) 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 be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by January 30, 2004.
Please retain a copy of the agreement for your files.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
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Michelle Taylor .:
Senior Secretary
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Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 8, 2003
TO:
Greg Lee, Account Clerk III
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-323 - Los Padrinos Youth Services, Inc.
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the services agreement with 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): \ Z. - 1-03 Item #
Vote: Ayes 1- f) Nays .e
Change to motion to amend original documents: -
Resolution #
Abstain .e-
'2..003- 3 Z '5
Absent .a-
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY
(1. - Z~c)3
i2..- ,:1, -05
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Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Null/VoidAfter:("O DA-Jj II-.~o-o~
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By:-
Reso. Log Updated:
Seal Impressed:
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Date Memo/Letter Sent for Signature: 12-5-<J2:,
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:.-/ Date Returned: I;) -If-o 3
See Attached:
See Attached:
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-L B
Yes NO-7 B
Yes No B
EDA
Finance v'
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:
Revised 01/12/01