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HomeMy WebLinkAbout2010-390 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 NO. 2010-390 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO APPROVE AN ANNUAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT LIFE IMPACT TO PROVIDE SUPPLEMENTAL RECREATION AND COMMUNITY SERVICES AT NICHOLSON COMMUNITY CENTER. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby authorize the City Manager to execute the Services Agreement with Project Life Impact to provide supplemental recreation and community services at Nicholson Community Center located at 2750 West 2nd Street, San Bernardino, California on an annual basis. beginning January 1,2011, a copy of which is attached hereto, marked as 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III Iii III III III III III 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 2010-390 RESOLUTION NO. 2010-390 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO APPROVE AN ANNUAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT LIFE IMPACT TO PROVIDE SUPPLEMENTAL RECREATION AND COMMUNITY SERVICES AT NICHOLSON 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 j oint regular Meeting, thereof, held on the 20th wit: day of December , 2010, by the following vote to COUNCIL MEMBERS A YES NAYS ABST AIN ABSENT MARQUEZ X DESJARDINS X BRINKER X SHORETT X KELLEY X JOHNSON X MCCAMMACK X ~.b,~ Rachel G. Clark, City CI~~k----- The foregoing resolution is hereby approved this .:u tY day of December ,2010. ~~,Mayor City of San Bernardino Approved as to Form: 2010-390 CITY OF SAN BERNARDINO PROJECT LIFE IMPACT, INC. SERVICES AGREEMENT This Services Agreement is entered into this 20 day of December, 2010, by and between Project Life Impact, 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 city residents for 40 years at the Nicholson Community Center; and WHEREAS, the CITY desires to continue and expand social, recreational and community services to all residents; and WHEREAS, CONSULTANT has demonstrated experIence III the management and operation of social, recreational and community services to the citizens of San Bernardino; and WHEREAS, the CITY desires to retain the services of CONSULTANT for the purpose of supplemental social, recreational and community services at Nicholson Community Center. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. CONSULTANT's staff and volunteers working directly with children shall submit to and pass a "Live Scan" background check. CONSULTANT shall, perform and carry out in a good and professional manner the following services to supplement existing community center activities: A. Academic Impact: are developed to improve proficiency levels in English Language Arts and Mathematics, student test scores, and assist in closing the achievement gaps. 1 EXHIBIT "A" 2010-390 B. After School Impact: provide homework assistance, recreation and enrichment activities in areas such as Culinary Arts, Hip Hop Dance, Driver's Education, and others. C. Impact Sports: provide sports programs that help build and develop them physically, psychologically, and educationally; assist with seasonal city sponsored youth sports activities - flag football, basketball, soccer, baseball/t-ball, track and field D. Back-2-Bacics: provide support to youth and their families through structured case management, programs and referral services. E. KidZone: in collaboration with City staff, provide community events and forums designed for children ages 2-17. Events shall include but are not limited to Spring Fling, Back to School Bash, Trunk or Treat, Water Splash, Winter Wonderland, and Parent Unification Summits free of charge to the community. 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). CONSULTANT shall provide $25,000 in annual capital improvement assistance to the CITY to renovate the existing community center and ball fields including infield mix, outfield sod, fencing, backstops, and dugouts. All renovation plans and materials are subject to review and approval by CITY staff prior to construction. CITY shall provide the CONSULTANT with the following in exchange for services rendered: A. Park Facilities including the community center, multipurpose field, basketball courts, baseball fields, playground, and picnic shelter will be available for priority use and reservation by the CONSULTANT for no cost when not in use by the CITY. 2 2010-390 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 CONSULT ANT upon request. B. 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 CONSULT ANT and approved in writing by CITY in advance. C. The City's liaison will meet with the CONSULTANT and Nicholson Community Center staff each month. D. There will be no fee for services with exception of priority access and reservation of Nicholson Park resources outlined in item "A" above. No expenditures made by CONSULTANT shall be reimbursed by CITY without the prior written approval of the CITY. CONSULTANT shall provide the CITY with a monthly report of services provided and number of persons served as noted herein in Section 2. 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; TERMINATION. The term of this Agreement is from January 1,2011 through June 30, 2011, with option of three (3) single year extensions upon mutual consent of the CITY and CONSULTANT. Either party 3 2010-390 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 CONSULT ANT, 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 CONSULT ANT'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 CONSULT ANT 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. 5. 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 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, 4 2010-390 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 CONSULTANT. CONSULT ANT shall perform work tasks provided by this Agreement but for all intents and purposes CONSULTANT and its agents or employees shall be an independent CONSULT ANT and not an agent or employee ofthe CITY. CONSULT ANT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULT ANT and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. ASSIGNMENT OR SUBCONTRACTING. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 9. LEGAL ACTIONS; GOVERNING LAW; VENUE. 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 5 2010-390 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. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. 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. 11. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 12. 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. 13. 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 6 2010-390 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. 14. REMEDIESIWAIVER. 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. 15. 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 Project Life Impact, Inc. 468 W. 5th Street, Suite 212 San Bernardino, CA 92401 (909) 388-1700 Fax (909) 388-2300 III 7 2010-390 CITY OF SAN BERNARDINO PROJECT LIFE IMPACT, INC. SERVICES AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Date: December ~f, 2010 December~ 2010 Project Life Impact, Inc. By: ..._......_... ...-......n___~ /,..-.~... (~ By: ":;;':':'::::~'_'::::::::;;:c::,,"~. _ Approved as' to Form: James F. Penman, City Attorney ~~~ 8 2010-390 EXHIBIT B ABOUT PLI Project Life Impact offers five (5) component programs that address the needs of the child, the family and the community. . Academic Impact . After School Impact . Impact Sports . Back-2-Basics . KidZone Academic Impact programs are developed to improve proficiency levels in English Language Arts and Mathematics, student test scores, and assist in closing the achievement gaps. After School Impact provides students with homework assistance, recreation and enrichment activities which allow growth in areas such as Culinary Arts, Hip Hop Dance, Driver's Education, and many others. Impact Sports provides students with fun and competitive sports programs that help build and develop them physically, psychologically, and educationally. Back-2-Bacics provides support to students and their families through structured case management and various programs and referral services. KidZone provided community events and forums designed for children ages 2-15. Events such as Spring Fling, Back To School Bash, Trunk or Treat, and many others are free of charge and are attended by city organizations and other agencies who donate their time to provide information and giveaways to families. PROJECT SUMMARY Project Life Impact in collaboration with Two Strike Baseball is seeking funds from various Foundations to renovate Nicholson Park located in the City of San Bernardino. Nicholson Park is currently underutilized and facilities such as the baseball diamonds and Recreation/Community Center are rundown. Project Life Impact plans to utilize the park for various after school programs. The project will support the growth of after school youth baseball and softball programs. Programs will run Monday-Friday after school for three hours and will continue year-round. The program will be free of charge to participants and will support up to 80 youths, ages 8-18 daily. The reconstruction of the Recreation/Community Center will provide the opportunity for after school, summer, and weekend programs to be held. This facility can house various events and programs through our Academic Impact, After School Impact, Back-2-Basics, and KidZone components. 1 2010-390 EXHIBIT B The renovation of baseball fields and the recreation/community center will increase community interest and presence at the park as it will provide the surrounding community with a safe and enjoyable location for all youth and adults. In addition, Project Life Impact will continually seek out funding to maintain programs and assist in ground maintenance. USE OF FUNDS Project Life Impact is seeking $40,000 in funds from The Baseball Tomorrow Fund (BTF) to renovate the two (2) currently existing fields at Nicholson. Funding will be utilized in the reconstruction of the fields including infield mix, outfield sod, fencing, backstops, and dugouts. If available, additional funds will be used to purchase equipment and uniforms. Project Life Impact in collaboration with Two Strike Baseball will match 50% of the funds requested from BTF through cash and/or in-kind donations from other community organizations, contractors, etc. In addition, Project Life Impact is seeking funds up to $25,000 from the Lowe's Charitable and Educational Foundation to assist with the renovations the existing Recreation/Community Center. TIMELlNE Deadlines for BTF funds are quarterly with the next available deadlines being: October 1, 2010 - if granted, funds will be made available as of January 1, 2011. January 1,2011 - if granted funds will be made available as of April 1 , 2011 The Lowe's Foundation accepts applications on a rolling basis. Once submitted, applications take 8-10 weeks to review. Notification of release of funds is given after the review process. FOUNDATION MISSIONS The Baseball Tomorrow Fund is a joint initiative between Major League Baseball and the Major League Baseball Players Association. The mission of BTF is to promote and enhance the growth of youth participation in baseball and softball throughout by funding programs, fields, coaches' training, and the purchase of uniforms and equipment to encourage and maintain youth participation in the game. Grants are designed to be sufficiently flexible to enable applicants to address needs unique to their communities. The funds are intended to finance a new program, expand or improve an existing program, undertake a new collaborative effort, or obtain facilities or equipment. The Lowe's Charitable and Educational Foundation is dedicated to improving the communities we serve through support of public education, community improvement projects and home safety initiatives. The Lowe's Charitable and Educational Foundation supports community improvement projects such as park and neighborhood beautification and enhancements, building repair/renovation and landscaping enhancements of facilities serving the community. 2 2010-390 EXHIBIT B Summary of Proposal Request Program Title: Nicholson Park Proposed by: Willie C Ulibarri, Jr CEOlPresident Agency Name: Project Life Impact, Inc. 468 W. 5th Street, Suite 212 San Bernardino, Ca. 92401 909-388-1700 Office 909-388-2300 Fax wu.pli(a;verizon.net email www.proiectlifeimpact.org The Objective... Project Life Impact Inc. (PLI) is requesting the opportunity to provide servIces for and at Nicholson Park. Project Life Impact of San Bernardino is a non-profit organization with a participation of at least 1,500 K -12 students/youth every day within their educational programs. Project Life Impact promotes educational, recreational, and family services for the students/youth and their families. PLI has developed a three fold model to meet the needs of the community. First - After School Impact (ASI), PLI promotes K-12 students/youth through after school enrichment, tutoring, health and nutritional education, and mentoring programs which are conducted on various SBCUSD sites throughout the City of San Bernardino. Secondly - Project KID ZONE, community wide events are held throughout the city to promote and engage the families of the community in fun, safe, and educational activities i.e. Spring Fling, Water Splash, Back to School Bash, Trunk or Treat, Winter Wonderland, and Parent Unification Summits. The third arm of PLI - Back 2 Basic Family Services assist families with basic essentials to ensure that the students as well as their family succeed. Nicholson Park is strategically located to school sites and sports fields where PLI programs can be very effective. One such program is the PLI Student Leadership Council in which students of surrounding High Schools are engaged in the Leadership Mentoring Program. As part of the Mentoring Program these students are given the opportunity to give back to the community and would be an integral part of the Park's activities. Nicholson Park would also serve as a family resource center for families of surrounding Elementary Schools, Middle Schools and High Schools. PLI conducts the after school (CAPS) programs and enrichment classes at various sites within the San Bernardino Unified School District. Programs such as the Kids Fuel Back Pack Program, Project Angel Food and a Parent Institute would offer much needed programs and 2010-390 EXHIBIT B services to residents of San Bernardino. These programs are all collaborative efforts by and between the City of San Bernardino, San Bernardino City Schools and PLI. Education is a crucial aspect of civic life. Programs offered by PLl that benefits the schools will also benefit the community. It is therefore in the public interest that Project Life Impact and the City of San Bernardino enter into an agreement and/or partnership in order to utilize the Nicholson Park for such programs. The Goals... Project Life Impact has been committed and dedicated to effectively breaking the cycle of poverty and destructive lifestyles through community forums and projects, academic and mentorship programs, job training and placement programs, holistic and family services. We deliver these services through mobilization and facilitating collaborative partnership. The goals of Project Life Impact at Nicholson Park are: . An extended K-I2 after school site . On site tutoring, homework assistance and enrichment . Impact Sports - (basketball, baseball/softball, soccer/football, volleyball, and tennis clinics and tournaments.) . Student employment via AmeriCorps & Student Leadership Council . Back 2 Basics Family Services . Parent Education - Parent Institute, ESL, OED, and adult remedial classes . A facility with the necessary space and tools to deliver quality programs (computer labs, play ground equipment, recreation and classroom spaces). The Solutions... Project Life Impact can and will revitalize Nicholson Park to become a vital, effective and beautiful site for the students/youth and families of the community. By forging a collaborative partnership between the City of San Bernardino and PLl, together we can provide our community with quality programming and much needed services. With the experience and skills of our agencies together we can attract the funders and find the resources needed for the maintenance and operational cost of the park/facility. Nicholson Park will have a far reaching effect on people ranging from pre-K through adults.