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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: jZ~5D" J-DDb -.2..1 (') Agenda Item No. ~J- 7/ ~41f)(, 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. *f~tw~~ . YLo. Zp 1/2-1 itJ6 e e 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 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. 11/ 11/ 11/ III III III III e 27 III 28 e e e 1 2 3 4 5 6 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. 21 22 23 24 25 26 27 28 Patrick J, Morris, Mayor City of San Bernardino Approved as to Form: e e e 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. e e e 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. 2 e e e 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. 3 e 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. e e 4 e e e 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. 5 e e e 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. 6 e e e 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. 7 e e e 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 8 e e e 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. 9 e e e 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 III III III 10 e e e 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 11 . . ** 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 7 .!fJ:l/ () (P 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: o ~ o 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 o rg/ o o o Notes: Ready to File: ~ Revised 12/18/03 Date: '.- 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 '.' e''''' 'I ['\ r:::,- ;:~=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 ~< .~, ,