HomeMy WebLinkAbout22-Parks & Recreation
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Parks, Recreation &
Community Services Dept.
Subject: RESOLUTION AUTHORIZING
THE MAYOR TO EXECUTE A SERVICES
AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND BOYS AND GIRLS CLUB
OF SAN BERNARDINO INC., TO PROVIDE
RECREATION AND COMMUNITY SERVICES
AT THE DELMANN HEIGHTS COMMUNITY
CENTER.
From: Lemuel P. Randolph, Director
Date: June 20, 2006
MICC Meeting Date: July 24, 2006
Synopsis of Previous Council Action:
July 19,2004: Resolution 2004-234 authorizing the Mayor and Common Council to execute a
Services 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 was
approved.
Recommended Motion:
Adopt Resolution.
Contact person: Lemuel P. Randolph
Phone: 5030
Supporting data attached: otllffreport reoo llgreementWard: li
FUNDING REQUIREMENTS: Amount: $119,000
Source: (Acct. No.) 001-388-5505
(Acct. Description) other professional services
Finance:
Council Notes:
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Agenda Item No. ~J-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
. Staff Report
Subject:
Resolution authorizing the Mayor to execute a Services Agreement between the City of San
Bernardino and the Boys and Girls Club of San Bernardino Inc., to provide recreation and
community services at the Delmann Heights Community Center.
Background:
On July 19, 2004, Resolution No. 2004-234 was adopted authorizing the Mayor to execute an
agreement between the City and Boys and Girls Club of San Bernardino Inc. to provide
community services at the Delmann Heights Community Center. On July 18,2005, Amendment
No. I was approved to extend the contract for an additional year. The second year of the
agreement was successfully concluded.
Based on Boys and Girls Club's strong background in program development and delivery, it is
prudent for the City to continue the contract for the provision of recreation and community services.
.
By October 31, 2006, the Boys and Girls Club will conduct a needs survey of the Delmann Heights
community. By November 30, 2006, the results will be quantified and submitted to Parks,
Recreation & Community Services Department with recommendations for the provision of future
recreation and community service activities. Initiation of the recommendations will take place no
later than January I, 2007, with approval from Parks, Recreation & Community Services
Department.
Services at the Center have varied over the years based on community needs and currently include
the City's only Headstart Program, an after-school program, computer classes, senior nutrition
programs, sports programs, summer pool operations, and several large scale special events.
The budget for the program is $85,000 (the same as it was in Fiscal Years 2004/2005 and
2005/2006), plus an additional $34,000 from the Mayor's Youth Initiative Program, as indicated in
companion agenda item on the 7/24/06 agenda. These additional funds will be used to expand the
operating days and hours during the summer for the Delmann Heights Pool. Delmann Heights
Community Center and the Boys and Girls Club Pool. It also includes funds for the Boys and Girls
Club to initiate a Police Activi~ies League. The total program cost is $119,000.
Financial Impact:
$85,000 was approved as part of the FY06-07 budget. $34,000 for the Mayor's Youth Initiative
Program is part of a companion budget amendment item on the July 24, 2006, City Council
docket.
.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BOYS AND
GIRLS CLUB OF SAN BERNARDINO INe. TO PROVIDE COMMUNITY SERVICES
AT THE DELMANN HEIGHTS COMMUNITY 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 is hereby authorized and
directed to execute on behalf of said City a Services Agreement with the Boys and Girls Club
of San Bernardino Inc. providing community services at the Delmann Heights Community
Center for the period of August 1,2006 through July 31, 2007 with the option of (1) 2-year
extension upon mutual consent of the City and the Boys and Girls Club of San Bernardino Inc.
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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUmORIZING THE MAYOR TO EXECUTE A SERVICES
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 duIy adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
7 on the
day of
, 2006, by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
9 ESTRADA
10
11
12
13
14
15
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
16 MCCAMMACK
17
18
19
20
Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
2006.
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Patrick J, Morris, Mayor
City of San Bernardino
Approved as to Form:
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SERVICES AGREEMENT
This Services Agreement ("Agreement") is entered into this day of August 2006, by
and between Boys & Girls Club of San Bernardino Inc., ("CONSULTANT") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, The CITY has provided vital social, recreation and community services to Ward 6
residents for 40 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 subject to the provisions of Section (3) below.
A. Operate the Delmann Heights Community Center from Monday through Friday 9 am to 7 pm
and Saturday's 10 am to 2 pm. exclusive of the following holidays: September 4, 2006;
November 10, 2006; November 23 & 24, 2006; December 25 & 26, 2006; January I & 2,
2007; January 15,2007; February 19, 2007; May 28, 2007; and July 4,2007.
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B. Provide a most recent Community Demographics Assessment by September 1, 2006. The
Assessment data will include data on the community's age, gender, race/ethnicity, and
income. Quantify the results in concise findings sheet.
C. Conduct a Community Wants/Desires Survey of the Delmann Heights Community by
October 31, 2006. Quantify the results in a concise finding sheet and submit to the CITY
with recommendations for the provision of future recreation and community services
activities by November 30, 2006. Initiate recommendation no later than January 1,2007.
D. Provide access and assistance to the San Bernardino County's Department of Adult and
Aging Services, Senior Nutrition Program. Partner with the provider to bring in marketing
strategies that will increase the senior population during the senior lunch meals. The current
time and days of the Senior Nutrition Program is - Monday through Friday - 10 a.m. to 1
p.m. exclusive of holidays listed in item 1A. Provide in the monthly report referred to in
section 3.
E. Plan and implement youth, teen and family programs. The Center's operating days and hours
are Monday through Friday - 10 am to 7 pm and Saturdays l2pm to 7pm - Sunday 12pm to
Spm. The hours listed in this section of the contract will be for July 21 through September 8,
2006. The hours starting on September 11, 2006 will be Monday through Friday - 9 am to 7
p.m. and Saturdays 10 am to 2pm. This schedule is exclusive of holidays listed in item lA.
Special programming will include tutoring, life skills development, conflict resolution, spOrts
and other general recreation activities. A minimum of six (6) different youth/teen activities
per week shall be offered in this regard.
F. Facilitate the Community Bread Giveaway program every Tuesday - 8am to 12 noon.
Address any and all community input in this regard within a 24-hour business period.
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G. Facilitate the County Food Distribution program every third Wednesday - 8am to lpm.
Address any and all community input in this regard within a 24-hour business period.
H. Plan and implement all annual events to include (or recommend a substitute event):
1. Unity of Choirs - in February.
2. Annual Spring (Easter) Egg Hunt - Prior to Easter Sunday.
3. Ludie Taylor Track Meet - in June.
4. Del Fest - in September.
5. Additional Special Events: Plan and conduct two (2) additional annual events of
CONSULTANT'S choosing. Provide an event calendar outlining each event date and name,
proposed activities and clients to be served.
6. Plan and implement a Police Athletic League (PAL). Terms of the PAL program will be
specified via side letter by September 29, 2006.
1. 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. CONSULT ANT
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.
J. 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.
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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, 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. This procedure shall be shared with the City
representative no later than two weeks prior to summer pool opening date.
Develop and train staff thoroughly in a Critical Incident Response procedure.
The pool operation will include, at minimum, recreation swim open to the public, one
session each day, Monday through Saturday from 12:00pm-7:00pm and Sunday
12:00p.m. -5:00p.m. Minimum dates of operation are to be from June 26, 2006 -
September 1,2006. Year 2007 will be Monday through Saturday from 2:00p.m. -5:30
p.m. with the same dates as in the year 2006. The CONSULTANT is to follow all posted
pool rules, 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:
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 ofthe skimmers at all times.
Remove floating scum, sputum, trash and debris.
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CONSULTANT shall immediately contact the Parks, Recreation and Community
Services Department for concerns requiring City staff attention.
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
kept clean and clear of graffiti in a manner acceptable to the City as often as
necessary to be kept in a good condition.
Toilets, urinals, showers, wash basins, and other plumbing fixtures shall be
maintained in a clean condition.
CONSULTANT shall conduct a daily morning preventative maintenance walk-through
during pool season to ensure a clean and safe operation and record results on a Daily
Maintenance Checklist, as provided by the CITY.
K. 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.
1. CONSULTANT shall provide the CITY information for the Leisure Opportunities brochUre
four times annually, respectively on April 23rd (Sununer period), July 15th (Fall period),
October 24th (Winter period), and February 1st (Spring period).
M. The CITY's liaison will meet with the CONSULANT and Delmann Heights office staff each
month.
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N. Facility Management and Maintenance
The CITY will retain responsibility for major building maintenance, repair (including graffiti
removal), building alarm system maintenance, utility bills (water, gas, electric, rubbish), and
routine custodial services at the center. The CITY will retain and pay for, at its own expense,
two regular phone lines, one for the general phone and one for the pool operations. Any
additional phone, fax, computer, or other telecommunication line shall be the responsibility
of the CONSULTANT to provide and maintain. CONSULTANT will be responsible for
providing access to other facility users including the Head Start program and senior nutrition
program. CONSULTANT shall furnish at his own expense, all labor, equipment, and
materials associated with office/room furnishings, including fax machine and copier;
Center/Park security; cable/satellite/digitalltelevision reception services; and pool safety
equipment (ropes and buoys, rescue tubes and throw lines, first aid supplies, flotation
devices, and other similar items) toward the satisfactory performance of the work set forth in
this Agreement. CONSULTANT may rent the space at the Center that is within its
jurisdiction during off-use hours for such community and civic-minded activities consistent
with those of other City centers at a reasonable cost recovery value. Facility layout
identifying defined use of each space inclusive of outdoor facilities is located in Appendix
"A" & "B".
O. The Mayor's Youth Initiative Program
The Mayor's Youth Initiative Program consists of expanding community and swim center
hours, days, and programming efforts. Another component of the programming will be to
plan and implement a police activities league (PAL) program for youth ages 6-13. $34,000
will be allocated for these programs.
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2. COMPENSATION AND EXPENSES.
CONSULTANT and CITY shall prepare an annual programming and supervision budget for the
upcoming fiscal year (August 1 - July 31) for operation of the Center no later than March I st of
the preceding year. The CITY agrees to share in the cost of the Delmann Heights Community
Center program in the amount of $119,000 annually. The fee shall be paid in installments of
$9,916.67 by the 10th of each month. The 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. CONSULTANT
shall provide the CITY with a concise accounting of expenditures of each installment at the close
of each month, along with the monthly report of services provided and number of persons served
as noted herein in section 3. RECORDS AND INSPECTIONS. The CITY further agrees to
participate in continued financial support in an amount to be determined during the City's budget
cycle, every two years, renewed annually, with dates as set forth in section 4. TERM;
SEVERABILITY.
3. RECORDS AND INSPE(:TlONS.
Consultant shall maintain full and accurate records with respect to all matters covered under this
agreement. CONSULTANT shall provide a monthly report of services provided and number of
persons served by the third business day of each month.
4. TERM; SEVERABILITY.
The term of this Agreement is for one year and shall be effective from August 1, 2006 through
July 31, 2007 with the option of (1) 2-year extensions upon mutual consent of the City and
CONSULTANT. Either party may terminate this Agreement at any time by thirty- (30) days
written notice. The terms of this Agreement shall remain in force unless mutually amended in
writing.
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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 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 or
negligence. CITY shall indemnify, defend (if requested by CONSULTANT) and hold harmless
the CONSULTANT, its officers, employees and agents from all liability, charges, and expenses
(including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising
out of or related to CONSULTANT'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 CONSULTANT'S willful misconduct or negligence. 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
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hereunder. The Certificates ofInsurance furnished to the CITY shall require the insurer to notify
CITY in writing at least ten (10) days in advance of any 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 perfo~ 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 written
consent of CITY. Any attempt by CONSULTANT to assign or subcontract any performance of
this Agreement without the 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, Central District, State of California. The laws
of the State of California shall govern the interpretation and enforcement of this Agreement.
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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:
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 & Girls Club of San Bernardino, Inc.
1180 W. 9th Street
San Bernardino, CA 92411
(909) 888-6751 Fax (909) 888-1474
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SERVICES AGREEMENT WITH THE BOYS AND GIRLS CLUB OF SAN
BERNARDINO INC. TO PROVIDE COMMUNITY SERVICES AT THE DELMANN
HEIGHTS COMMUNITY CENTER.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
first above written.
Date: August
, 2006 Boys & Girls Club of San Bernardino, Inc.
By:
Clifford Hackney, Chief Professional Officer
Date: August
, 2006 City of San Bernardino
By:
Patrick J. Morris, Mayor, City of San Bernardino
Approved as to Form:
es F. Penman, City Attorney
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopte~): ~ Item # II Resolution # dc(X)b - L 1])
Vote: Ayesl)?-)'~J.5J:: 1 Nays-----i-- Abstain ~ Absen~"
Change to motion to amend original documents 0 Companion Resolutions
Null/VoidAfter: '00 days/~
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
110C1
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Date ofClerklCDC Signature: 7/4 ()O;
I
Date Sent to Mayor:
Date of Mayor's Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
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:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
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o
EDA 0
Facilities 0
Finance ~
Fire Department 0
Human Resources 0
By:
Reso. Log Updated: ai;I
Seal Impressed: J!I
Reso. # on Staff Report ~
Not Returned: 0
Yes A-
Yes
Yes
Yes
No
By_
By_
By_
By_
By_
No of-
NoL
No+-
NO+-
Yes
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
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Notes:
Ready to File: ~
Revised 12/18/03
Date:
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 28,2006
YOUR COPY
TO:
Lemuel Randolph, Director
Parks, Recreation & Community Services Department
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-270
At the Mayor and Common Council meeting of July 24, 2006, the City of San Bernardino
adopted Resolution No. 2006-270 - Resolution authorizing the Mayor to execute a services
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.
Attached are one (I) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL contract to the City Clerk's
Office as soon as possible, to my attention. Please retain one duplicate agreement for your
records and forward the remaining fully executed copy to the other party.
Please be advised that the resolution and contract will be null and void if not executed
within sixty (60) days from the date of adoption, or returned to our office by Friday,
September 22, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein, Records
Management Coordinator at ex!. 3215. Thank you.
Y.~.-JA .~~
.~~~
- U . Assistant to the City Clerk
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date:
Please sign and return
'.'
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;:~=C:.'..v:~'~ -\-.'1; 1 -.-LL.'
CITY OF SAN BERNARDINO
InterofficeMemorandum 2:;'~}^"": 1'5 r.: 3:20
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 28, 2006
YOUR COPY
TO:
Lemuel Randolph, Director
Parks, Recreation & Community Services Department
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-270
At the Mayor and Common Council meeting of July 24, 2006, the City of San Bernardino
adopted Resolution No. 2006-270 - Resolution authorizing the Mayor to execute a services
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.
Attached are one (I) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL contract to the City Clerk's
Office as soon as possible, to my attention. Please retain one duplicate agreement for your
records and forward the remaining fully executed copy to the other party.
Please be advised that the resolution and contract will be null and void if not executed
within sixty (60) days from the date of adoption, or returned to our office by Friday,
September 22, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein, Records
Management Coordinator at ex!. 3215. Thank you,
~~.
- U . Assistant to the City Clerk
the above mentioned documents.
Sign
Date:
Please sign and return
~<
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