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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 ~ ,? - ~a~_ 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 ~I 8/UJ/OJ . , 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 , ',. the City Council, in its capacity as Community Development Commission, reallocating these CDBG funds at the 8/20/01 Council meeting. r '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 r .,-- ,.-. 27 '-- 28 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 Ylo.~ t' a-D /67 .,- '-' - '- 26 .r- 27 '- 28 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; ,-:-'. '- i~ '- 21 22 23 24 25 26 ~ 27 '-" 28 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. . r- '- .- '- 25 26 ,..... 27 '-' 28 1 2 3 4 5 3. 6 7 8 9 10 11 12 13 14 15 16 17 18 5. The term of this Agreement shall be from August 1,2001 to June 30, 2002. It 19 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. 24 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. , 1 - '- 2 3 4 5 6 7 8 10 11 12 13 14 - ~ 15 16 17 18 19 20 21 22 23 24 ,... '- 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. 9 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. 25 11. Any notice to be given pursuant to this Agreement shall be deposited with the 26 United States Postal Services, postage prepaid and addressed as follows: 27 28 , ,.- '- "- - \- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . 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. ", ,',. ** 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; 't Jdi-(f CJ I f I 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