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HomeMy WebLinkAbout2004-235P 1 2 3 4 5 8 9 10 11 12 13 14 15 RESOLUTION NO. 2004-235 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 NEW HOPE MISSIONARY BAPTIST CHURCH TO PROVIDE COMMUNITY SERVICES AT THE WESTSIDE COMMUNITY SERVICE CENTER. 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 or her designee is hereby authorized and directed to execute on behalf of said City an Agreement with New Hope Missionary Baptist Church providing community services at the Westside Community Service Center for the period of August 1, 2004 through July 31, 2005, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 17 18 19 20 21 1H 22 HI 23 24 25 26 27 /// 28 2004-235 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 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 NEW HOPE MISSIONARY BAPTIST CHURCH TO PROVIDE COMMUNITY SERVICES AT THE WESTSIDE COMMUNITY SERVICE 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 joint regular meeting thereof, held on the 19th day of July 2004, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x /C` • C Rac I G. Clazk, City Clerk The foregoing Resolution is hereby approved this A) f�Iday of July 2004. Esther Estrada, Mayor Pro Tem City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney II 2004-235 SERVICES AGREEMENT This Services Agreement ("Agreement") is entered into this 19th day of July 2004, by and between New Hope Missionary Baptist Church, ("CONSULTANT") and the City of San Bernardino ("CITY" or "San Bernardino") WITNESSETH: WHEREAS, The City has provided vital social, recreation and community services to the City of San Bernardino's residents for approximately 38 years at the Westside Community Services Center, located at 1505 West Highland, San Bernardino, Ca. 92411; and WHEREAS, the City desires to continue and expand social, recreation and community services to the City of San Bernardino; and WHEREAS, CONSULTANT has demonstrated experience in the management and operation of social, recreation and community services to the citizens of San Bernardino; 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 Westside Community Services Center. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. CONSULTANT shall perform, and carry out in a good and professional manner the following services. A. Operate the community services center from Monday through Friday 8am to 5pm 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" 2004-235 B. Provide access for the Senior Nutrition Program — Monday through Friday — 10am to 1pm exclusive of holidays listed in item IA. C. Plan and implement youth and teen programming — Monday through Friday - 1pm to 5pm exclusive of holidays listed in item IA. Programming will include tutoring, social skills, conflict resolution and general recreation activities D. Provide assistance and services to city residents — Monday through Friday — 8am to 5pm exclusive of holidays listed in item IA. Assistance, Programs and Services will include State Fishing Passes for senior or disabled person, Adult Tutoring and Reading, Homeowner and Renters Rebate, Tutoring adults, Food, Rent, and Utility Referrals, Social Security Assistance, Employment Assistance, Employment and Nutrition Seminars, Arts and Crafts classes, Vita Income Tax Program, Walking for better health (exercise program) and the Federal Emergency Management Agency (FEMA) grant program. Management of the FEMA program will be as follows: 1. (CONSULTANT) will set dates for seminars and the date and time clients will call to get on the referral list. 2. On the day of each seminar (CONSULTANT) will develop a stand-by list to ensure that thirty clients are in each seminar. 3. After the seminar the (CONSULTANT) will set appointments on a first call, first serve method. 4. The (CONSULTANT) will meet with each client and confirm each payment and complete the Request for Payments forms. 5. The Requests for Payment forms and supporting documentation will be forwarded to the (CITY) to confirm actuaries before payment. 2 Exhibit "A" 2004-235 6. (CITY) will process and disburse each check. E. Plan and implement annual events to include - the Holiday Give -Away — Month of December F. Additional Programs/Hours of Operation The consultant may desire to create additional activities and programs at the Community Services Center and/or expand or adjust 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. G. Services covered under this agreement will be provided in the spaces identified in appendix W. Any changes in space allocation for these services will be communicated in writing by CONSULTANT and approved in writing in advance of any changes by CITY. 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 $72,000. The fee shall be paid in monthly installments of $6,000 with each payment being $6,000 by the 10`h of each month. The fee for services will cover all basic expenses incurred by the CONSULTANT on behalf of the CITY. CITY shall reimburse no other expenditures made by CONTRACTOR without the prior written approval of the CITY. 3. RECORDS AND INSPECTIONS. Consultant shall maintain all records and management books pertaining to local service delivery and demonstrate accountability for contract performance and maintain all fiscal, statistical, and management books and records pertaining to the Westside Community Services Center. City shall have access to such records, and the right to examine, make transcripts and audit such records. Consultant shall provide a quarterly report of services provided and number of persons served by the 1 5`" of July, Oct, Jan and April each year. 3 Exhibit "A" 2004-235 4. TERM; SEVERABILITY. . The term of this Agreement shall be effective from August 1, 2004, through July 31, 2005 with the option of (2) 1-year extensions upon mutual written 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 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 4 Exhibit "A" 2004-235 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, age, 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. 9. ASSIGNMENT OR SUBCONTRACTING. CONSULTANT shall not assign this Agreement, or any portion thereof without the prior written consent of the 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. 5 Exhibit "A" 2004-235 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, or 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: SERVICES AGREEMENT TO THE CITY: Parks, Recreation and Community Sen ices Department 547 N. Sierra Way San Bernardino, CA 92418 Facsimile (909) 384-5233 TO THE CONSULTANT: New Hope Missionary Baptist Church 1575 West 17°i Street San Bernardino, CA. 92411 (909) 887-2526 Fax (909) 887-5406 3 Exhibit "A" ` 2004-235 SERVICES AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date:LJtrlyl4 -pol , 2004 New Hope Missionary Baptist Church. By: wt2j� Howard Williams, Chairman, Trustee Board Date: July , 2004 City of San Bernardino By: :i /J'�s�✓ Lemuel P. Randolph, Director of Parks, Recreation and Community Services 7 Exhibit "A" PUBLIC ENTERPRISE CENTER 1505 W. Highland Avenue 2004-235 Appendix "A" Highland Avenue San Bernardino, CA Library Main Entrance i- ,� MEN yyOMEN - Lobby COUNTER n-5 dministrtive ffice. (15)Clasyoom 6 UJ �—Nurse Ofnce 17 (17) Cla$room 1� 18 (18)Coth jecloset. NORTH Not to scale Patio [KR Patio DINING ROOM MEN � WOMEN W-i 21)Classroom 4 I \ REAR ENTRANCE 24)Classroom 6 Inland Young Marines 26) Storage Food. Exhibit "A"