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HomeMy WebLinkAbout2010-244 1 RESOLUTION NO. 2010-244 2 RESOLUTION OFTHE MA YORAND COMMON COUNCIL OFTHE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO APPROVE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO, INC. TO PROVIDE COMMUNITY SERVICES AT THE DELMANN HEIGHTS COMMUNITY CENTER ON A MONTH TO MONTH SERVICE PERIOD. 3 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby 9 authorize the City Manager to execute the Services Agreement with the Boys and Girls Club of San 10 Bernardino Inc. to operate the Delmann Heights Community Center located at 2969 North Flores 11 Street, San Bernardino, California on a month-to-month basis, beginning July 31, 2010, a copy of 12 13 which is attached hereto, marked as Exhibit "An and incorporated herein by reference as fully as 14 though set forth at length. 15 SECTION 2. The authorization to execute the above referenced agreement is rescinded if 16 the parties to the agreement fail to execute it within sixty (60) days ofthe passage of this resolution. 17 III 18 19 III 20 III 21 III 22 III 23 III 24 III 25 26 III 27 III 28 2010-244 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO APPROVE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO, INC. TO PROVIDE COMMUNITY SERVICES AT THE DELMANN HEIGHTS COMMUNITY CENTER ON A MONTH TO MONTH SERVICE PERIOD. 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a j oint regular Meeting, thereof, held onthe 19th day of July , 2010, by the following vote to wit: 6 7 AYES NAYS ABSTAIN ABSENT x x x x x x x 18 J42~k.~ Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this:>?l.:sr- day of July ,2010. 21 ~~~ Pa k J. Morris, M~ lty of San Bernardino 22 23 24 Approved as to Form: 25 26 27 28 2010-244 CITY OF SAN BERNARDINO BOYS AND GIRLS CLUB OF SAN BERNARDINO INC. SERVICES AGREEMENT This Services Agreement is entered into this 31st day of July, 2010, 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, recreational and community services to Ward 6 residents for 40 years at the Delmann Heights Community Care Center; and WHEREAS, the CITY desires to continue and expand social, recreational and community services to Ward 6 residents; and WHEREAS, CONSULTANT has demonstrated experience III the management and operation of social, recreational and community services to the citizens of San Bernardino, in particular Ward 6 residents; and WHEREAS, the CITY desires to retain the services of CONSULTANT for the purpose of management and operation of social, recreational and community services at Delmann Heights Community 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 Delmann Heights Community Center Monday through Friday, 9 am to 7 pm, and Saturday, 10 am to 2 pm, exclusive of the holidays on which City Hall is closed. 1 EXHillIT "A" 2010-244 B. 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 Saturday, 12 pm to 7 pm, July 21 through September 8, 2010. Beginning September 10, 2010 operating hours shall be Monday through Friday, 9 am to 7 pm, and Saturday, lOam to 2 pm. This schedule is exclusive of holidays. 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. C. Plan and implement all annual events to include (or recommend a substitute event): . Unity of Choirs - in February . Annual Spring (Easter) Egg Hunt - Prior to Easter Sunday . Ludie Taylor Track Meet - in June . Del Fest - in September . 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. D. 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. E. Pool Operation: Program Responsibilities will include, but are not limited to: 2 2010-244 . Staff recruitment, training and scheduling to sufficient to satisfy CONSULTANT's obligations under this Agreement. Staff shall include sufficient certified lifeguards to enable constant surveillance of the pool area and to assure the safety of the users; CONSULTANT shall assure that all lifeguards' certificates are current. . All staff working directly with children shall submit to and pass a "Live Scan" background check. . Daily custodial upkeep of the restrooms and showers/changing rooms to ensure a clean condition and in good repair. . Recording and maintenance of a daily log 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 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 a minimum, recreation swim open to the public, one session each day, Monday through Saturday, 12 pm - 7 pm, from June 25 though August 25 of each year. CONSULTANT shall comply with all posted pool rules 3 2010-244 and all applicable State, County and City statutes, ordinances and regulations concerning public pool operations. CONSULTANT shall 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 of the skimmers at all times . Remove floating scum, sputum, trash and debris 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 mornmg 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. F. Additional Programs/Hours of Operation 4 2010-244 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. G. CONSULTANT shall provide the CITY information for the seasonal Activity Guide four times annually, respectively on April 23rd (Summer period), July 15th (Fall period), October 24th (Winter period), and February 1 st (Spring period). H. The City's liaison will meet with the CONSULTANT and De1mann Heights office staff each month. 1. CONSULTANT and CITY shall prepare an annual programming and supervision budget for the upcoming fiscal year (July 1 - June 30) for operation of the Center no later than June 1 st of the preceding year. The CITY agrees to share in the cost of the De1mann Heights Community Center program in the amount of $7,155.00 per month, payable by the 10th of each month following the month of service provided and invoiced for. The fee for services will cover all basic expenses incurred by the CONSULTANT under this Agreement. 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 reports of services provided and number of persons served as noted herein in section 3. III III 5 2010-244 2. RECORDS AND INSPECTIONS. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this agreement. CONSULTANT shall provide to CITY a monthly report of services provided and number of persons served by the third business day of each month. 3. TERM; SEVERABILITY. The term of this Agreement is from July 31, 2010 through August 31, 2010, with option of twelve (12) single month 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. 4. INDEMNITY. CITY agrees to indemnify and hold harmless CONSULTANT, its employees, officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY'S negligent acts or omissions arising from the CITY'S performance of its obligations under this Agreement. CONSULTANT agrees to indemnify and hold harmless CITY, its employees, officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CONSULTANT'S negligent acts or omissions arising from the CONSULTANT's performance of its obligations under this Agreement. In the event that CITY and/or CONSULTANT is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, CITY and/or CONSULTANT shall indemnify the other to the extent of this comparative fault. The costs, salary and expenses of the City Attorney and members of his office in enforcing this agreement shall be considered as costs for the purposes of this paragraph. S. INSURANCE. While not restricting or limiting the foregoing, 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 6 2010-244 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 provide to CITY at least thirty (30) days' written notice in advance of any change in coverage or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in the employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or membership in any other classification protected by law. 7. INDEPENDENT CONTRACTOR. 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. 8. 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. 9. 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 shall be filed and litigated in 7 2010-244 the Superior Court of the County of San Bernardino, California. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 10. 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 and any such document or instrument, the terms and conditions of this Agreement shall prevail. 11. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of the Agreement shall remain in full force and effect. 12. REMEDlES/W AIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 8 2010-244 CITY OF SAN BERNARDINO BOYS AND GIRLS CLUB OF SAN BERNARDINO INC. SERVICES AGREEMENT 13. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE CONSULTANT: Parks, Recreation and Community Services Department 1350 South "E" Street San Bernardino, CA 92408 (909) 384-5160 Fax (909) 384-5160 Boys & Girls Club of San Bernardino, Inc. 1180 W. 9th 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 set forth below. Date: July -.lL, 2010 July -.lL, 2010 By: By: 'rls Club of San Bernardino, Inc. City of San Bernardino Approved as to Form: 1-- James F. Penman, City Attorney 9