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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Marianne Milligan, Deputy Director
Subject: Resolution of the City of San Bernardino
authorizing execution of a First Amendment to
Services Agreement with Los Padrinos Youth
Services, Inc. extending the Agreement for ninety
(90) days.
Dept: Code Enforcement
Date: September 9,2008
MCC Date: 09-15-2008
Synopsis of Previous Council Action:
07/01/02 - Resolution 2002-216, approving extension ofa contract for services.
12/01/03 - Resolution 2003-323, amending the contract to include board ups and clean up services.
06/16/03 - Resolution 2003-137, approving extension ofa contract for one year.
07/06/04 - Resolution 2004-223, approving extension of contract for one year.
06/20/05 - Resolution 2005-179, approving execution of a Services Agreement for one year.
05/15/06 - Resolution 2006-129, authorizing execution ofa Services Agreement
06/18/07 - Resolution 2007-202, authorizing execution of a Services Agreement.
09/17/07 - Resolution 2007-398, authorizing execution of a Services Agreement.
Recommended Motion:
ADOPT RESOLUTION.
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-Marianne Milligan -
Contact person: EILEEN GOMEZ
Phone:
5920
Supporting data attached: Resolution/Amendment
Ward:
All
FUNDING REQUIREMENTS:
Amount: $147,000 (General Fund)
Source: (Ace!. No.) 001-077-5505
(Ace! n.,,,rrirtinn) Graffiti Abatement
Council Notes:
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Finance:
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Agenda Item No. 1'1
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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 an Amendment to the
Services Agreement with Los Padrinos Youth Services extending the Agreement for 90 days.
BACKGROUND:
Since June of 1992, the City of San Bernardino has contracted with Los Padrinos Youth Services
Inc., to provide citywide graffiti removal. On July 3, 2001, the Mayor and Common Council
expanded the Services Agreement to include weed, litter and debris removal and staffing for
Project Curb Appeal.
In September, 2007, the Mayor and Common Council approved the agreement for services for
2007-2008 with expanded services and graffiti abatement program which is set to expire on
September 30, 2008. The current Agreement provides for compensation in the amount of
$49,000 per month for all of the above services.
Graffiti abatement continues to be a problem in the City and the Police Ad Hoc Committee has
asked staff to review the contract and bring forward some suggestions and options on how to
handle the graffiti problem. Staff is currently working on this issue, but needs additional time to
research some options that have recently been identified. Since the Agreement will expire before
staff can bring forward additional options and/or suggestions to the Police Ad Hoc Committee,
staff is requesting the current Agreement be extended for a period of ninety (90) days.
FINANCIAL IMPACT:
Funding in the amount of $588,000 has been included in the 2008/09 budget for the Los
Padrinos contract. The cost of extending the current agreement for ninety days is $147,000.
RECOMMENDATION
Adopt resolution.
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
SERVICES AGREEMENT WITH LOS PADRINOS, YOUTH
SERVICES INC., EXTENDING THE AGREEMENT FOR NINETY
(90) DAYS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. The City Manager of the City of San Bernardino is hereby authorized and
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directed to execute, on behalf of said City, a First Amendment to Services Agreement with
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LOS PADRINOS, INC., a non-profit organization, a copy of which is attached hereto and
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incorporated herein by this reference. This First Amendment is for ninety (90) days to allow
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the Police Ad Hoc Committee time to review options that staff will bring forward for their
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consideration.
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SECTION 2. Authorization to execute the above referenced First An1endment to Services
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Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days
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RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
SERVICES AGREEMENT WITH LOS PADRINOS YOUTH
SERVICES INC., EXTENDING THE AGREEMENT FOR NINETY
(90) DAYS.
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5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
7 the 15th day of September, 2008, by the following vote, to wit:
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9 Council Members
10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY
14 KELLEY
15 JOHNSON
16 MCCAMMACK
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AYES
NAYS
ABSTAIN
ABSENT
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
day of September, 2008.
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Patrick J. Morris, Mayor
City of San Bernardino
22 Approved as to form:
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James F. Penman
City Attorney
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FIRST AMENDMENT TO
SERVICES AGREEMENT
This FIRST AMENDMENT TO SERVICES AGREEMENT
("Amendment") is made this 15th day of September, 2008, ("Effective Date"), by and
between LOS PADRINOS YOUTH SERVICES, Inc. ("Contractor") and the CITY OF
SAN BERNARDINO, a charter city ("City"), with reference to the following facts.
WHEREAS, Contractor and City have previously entered into a Services
Agreement, effective date, September 17,2007, for Contractor to provide certain services
to the City.
WHEREAS, said Agreement is set to expire on September 30, 2008.
WHEREAS, City and Contractor wish to extend said Agreement for ninety (90)
days.
NOW, THEREFORE, for good and valuable consideration, the parties hereto agree
as follows:
I. Section 3: Term and Compensation, is hereby amended to read as follows:
"The term of this Agreement is extended for a period of ninety (90) days, and shall
terminate on December 31, 2008. This Agreement may be terminated at any time by
thirty (30) days prior written notice by either party."
2. Except as otherwise set forth herein to the contrary, all terms and provisions of
the Agreement shall remain unamended and continue in full force and effect. This
Amendment and the Agreement shall be construed together and shall constitute one
agreement. In the event of any inconsistency between this Amendment and the
Agreement, the provisions of this Amendment shall prevail.
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1 IN WITNESS WHEREOF, the parties hereto cause this Amendment to be executed on:
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Date:
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Date:
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Approved as to Form
JAMES F. PENMAN, City Attorney
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By:
Los Padrinos Youth Services, Inc.
By:
Lori Sassoon, Acting City Manager
ATTEST:
Rachel Clark, City Clerk
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