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I RESOLUTION NO. 2004-234
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
4 BOYS AND GIRLS CLUB OF SAN BERNARDINO INC. TO PROVIDE COMMUNITY
SERVICES AT THE DELMANN HEIGHTS COMMUNITY CENTER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
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authorized and directed to execute on behalf of said City an Agreement with the Boys and Girls
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10 Club of San Bernardino Inc. providing community services at the Delmann Heights
11 Community Center for the period of August 1, 2004 through July 31, 2005, a copy of which is
12 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set
131 I forth at length.
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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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2004-234
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BOYS AND GIRLS CLUB OF SAN BERNARDINO INC. TO PROVIDE COMMUNITY
SERVICES AT THE DELMANN HEIGHTS COMMUNITY CENTER.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a jt. req. meeting thereof, held
on the 19 th day of
Council Members: AYES
ESTRADA x
LIEN LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON
MCCAMMACK x
Ilk
2004, by the following vote, to wit:
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this �c�` day of July
2004.
Esther Estrada, Mayor Pro Tern
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
11' ,
2004-234
ORIGINAL
SERVICES AGREEMENT
This Services Agreement (`Agreement") is entered into this 19th dayi'd July 1QlA,i-bfj9,10d
between Boys and Girls Club of San Bernardino Inc., ("CONSULTANT aArjtljCi -A oan
Bernardino ('CITY" or "San Bernardino').
WITNESSETH:
WHEREAS, The City has provided has provided vital social, recreation and community services
to Ward 6 residents for 38 years at the Delmann Heights Community Center; and
WHEREAS, the City desires to continue and expand social, recreation and community services
to Ward 6 residents; and
WHEREAS, CONSULTANT has demonstrated experience in the management and operation of
social, recreation and community services to the citizens of San Bernardino in particular Ward 6
residents; and
WHEREAS, the CITY desires to retain the services of the CONSULTANT for the purpose of
management and operation of social, recreation and community services at Delmann Heights
Community Center.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
CONSULTANT shall do, perform, and carry out in a good and professional manner the
following services.
A. Operate the community center from Monday through Friday 8am to 7pm exclusive of the
following holidays: September 6, November 11, November 25&26, December 23&24,
December 30,31, January 17, 2005, February 21, 2005, May 30, 2005, July 4, 2005.
Exhibit "A"
2004-234
B. Provide access for the Senior Nutrition Program — Monday through Friday — 8am to Ipm
exclusive of holidays listed in item IA.
C. Plan and implement youth and teen programming — Monday through Friday - 3pm to 7pm
exclusive of holidays listed in item IA. Programming will include tutoring, social skills, conflict
resolution, sports and general recreation activities
D. Provide access to the Community Bread Giveaway program every Tuesday — 8am to 12 noon
E. Provide access to the County Food Distribution program every third Wednesday — 8am to
I pm.
F. Plan and implement annual events to include:
1. Unity of Choirs — Third Saturday in February
2. Ludie Taylor Track Meet — First Saturday in June
3. Del Fest — Third Saturday in September
G. Park Facilities including the track, field, basketball courts and baseball field will be available
for use by the CONSULTANT for no cost when not in use by the CITY. CONSULTANT must
submit a written request for use of these facilities in advance to CITY. A schedule of CITY use
of these facilities will be available for review by CONSULTANT upon request.
H. Pool Operation, Program Responsibilities will include, but are not limited to:
- Staff recruitment, training and scheduling to maintain adequate continuous
surveillance over pool customers.
- Daily custodial upkeep of the restrooms and showers/changing rooms to ensure a
clean condition and in good repair.
- Daily recording of disinfectant residual, chemical pH and maintenance procedures
such as cleaning of filters and quantity of chemicals used, as required by County
Environmental Health Services.
- Provision/purchase of, and maintenance of, appropriate aquatics equipment (rescue
and safety equipment, lifeguard stands and umbrellas, equipment bags, cashiering
items, first aid kit).
- Development and utilization of a system for entry/exit of patrons and related fee
collection and deposit procedures.
- Develop and train staff thoroughly in a Critical Incident Response procedure.
Exhibit "A"
2004-234
The pool operation will include, at minimum, recreation swim open to the public, one
session each day, Monday through Saturday from 2:OOpm-5:30pm. Minimum dates of
operation are to be from June 28, 2004 — August 27, 2004. The CONSULTANT is to
follow all posted POOL RULES and all State and County pool operation requirements, as
well as local City codes and ordinances. The CONSULTANT will conduct the following
routine and on -going maintenance tasks:
- Vacuum pool as needed.
- Clean pool deck on a daily basis.
- Check/empty filter baskets for the main pool circulation pump every other day.
- Clean pool skimmer baskets daily.
- Maintain water level at the level of the skimmers at all times.
- Remove floating scum, sputum, trash and debris.
- Re -stencil directional and safety signs on the pool deck as needed.
- Maintain and place out all required safety signs on the pool deck during times of
operation to the general public (at minimum: pool rules, CPR sign, pool capacity,
emergency response number = 9-1-1).
- Walls, ceilings, partitions, doors, lockers, and similar surfaces and equipment shall be
refinished in a manner acceptable to the City as often as necessary to be kept in a
good state of repair.
- Toilets, urinals, showers, wash basins, and other plumbing fixtures shall be
maintained in a clean condition, and in good repair.
- Immediately contact the Parks, Recreation and Community Services Department for
concerns requiring City staff attention.
I. Additional Programs/Hours of Operation
The consultant may desire to create additional activities and programs at the Community Center
and/or expand the hours and dates of operation. Any additional activities, programs or hours and
dates of operation will be communicated to CITY in writing by CONSULTANT and approved in
writing by CITY in advance.
J. Facility Management and Maintenance
The CITY will retain responsibility for major maintenance, repair and routine custodial services
at the center. CONSULTANT will be responsible for providing access to other facility users
including the Headstart program and senior nutrition program. Facility layout identifying defined
use of each space inclusive of outdoor facilities is located in Appendix "A" & "B".
3
Exhibit "A"
2004-234
2. COMPENSATION AND EXPENSES.
For all of the above services provided, City agrees to pay Consultant compensation for a one-
year period in the amount of $85.000. The fee shall be paid in monthly installments of $7083.33
by the 10'h of each month. The monthly fee for services will cover all basic expenses incurred by
the CONSULTANT on behalf of the CITY. No other expenditures made by CONTRACTOR
shall be reimbursed by CITY without the prior written approval of the CITY.
3. RECORDS AND INSPECTIONS.
Consultant shall maintain full and accurate records with respect to all matters covered under this
agreement. City shall have free access at all proper times to such records, and the right to
examine and audit the same and to make transcripts therefrom. Consultant shall provide a
quarterly report of services provided and number of persons served by the 151h of July, Oct, Jan
and April each year.
4. TERM; SEVERABILITY.
The term of this Agreement is for one year and shall be effective from August 1, 2004 through
July 31, 2005 with the option of (2) 1-year extensions upon written mutual consent of the City
and CONSULTANT. This Agreement may be terminated at any time by thirty (30) days written
notice by either party.
5. INDEMNITY.
CONSULTANT shall indemnify, defend (if requested by CITY) and hold harmless the CITY, its
departments, boards, commissions, elected officials, officers, attorneys, employees and agents
from all liabilities, charges, and expenses (including, without limitation, reasonable costs of
defense and reasonable attorney's fees) arising or growing out of or related to CONSULTANT'S
and/or CITY'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 willful
4
Exhibit "A"
2004-234
misconduct. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this .Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
6. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
CONSULTANT shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and
statutory worker's compensation coverage as required by law, and shall file copies of said
policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement.
CITY shall be set forth as an additional named insured in each policy of insurance provided
hereunder. The Certificates of Insurance furnished to the CITY shall require the insurer to notify
CITY in writing at least ten (10) days in advance of any material change or termination in the
policy.
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
CONSULTANT shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
8. NO EMPLOYMENT.
CONSULTANT shall perform work tasks provided by this Agreement but for all intents
and purposes CONSULTANT and its agents or employees shall be an independent contractor
and not an agent or employee of the CITY.
5
Exhibit "A"
2004-234
9. ASSIGNMENT OR SUBCONTRACTING.
CONSULTANT shall not assign this Agreement, or any portion thereof without the prior written
consent of CITY. Any attempt by CONSULTANT to assign or subcontract any performance of
this Agreement without the prior written consent of the CITY shall be null and void and shall
constitute a breach of this Agreement.
10. LEGAL ACTIONS.
In addition to any other rights or remedies, either party may institute legal action to cure, correct
or remedy any default, to recover damages for any default, or to obtain any other remedy
consistent with the purposes of this Agreement. Such legal actions must be instituted in the
Superior Court of the County of San Bernardino, San Bernardino District, State of California.
The laws of the State of California shall govern the interpretation and enforcement of this
Agreement.
11. ENTIRE AGREEMENT.
This Agreement and any documents or instruments attached hereto or referred to herein integrate
all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations
and prior writings in respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, an any such document or instrument, the
terms and conditions of this Agreement shall prevail.
12. NOTICES.
Any notice to be given pursuant to this Agreement shall be deposited with the United
Postal Service, postage prepaid and addressed as follows:
11
Exhibit "A"
2004-234
SERVICES AGREEMENT
TO THE CITY: Parks, Recreation and Community Services Department
547 N. Sierra Way
San Bernardino, CA 92418
Facsimile (909) 384-5233
TO THE CONSULTANT:
Boys and Girls Club of San Bernardino, Inc.
1180 W. 9"' Street
San Bernardino, CA 92411
(909) 888-6751 Fax (909) 888-1474
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
first above written.
Date: July , 2004 Boys and Girls Club of San Bernardino, Inc.
By_ 4,
Clifford Hackney, Executive Director
Date: July 2004 City of San Bernardino
By:
Lemuel P. Randolph, Director of Parks. Recreation and Community Services
7
Exhibit "A"
2004-234
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