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HomeMy WebLinkAbout2011-076 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. 2011-76 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO APPROVE A FACILITY LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT FIGHTING CHANCE TO PROVIDE COMMUNITY AND YOUTH SERVICES AT PERRIS HILL COMMUNITY CENTER (PREVIOUSLY A SPECIAL PLACE CHILDREN'S MUSEUM). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor and Common Council of the City of San Bernardino hereby authorize the City Manager to execute the Facility Lease Agreement with Project Fighting Chance to provide community and youth services at Perris Hill Community Center (previously A Special Place Children's Museum) located at 1003 East Highland Avenue, San Bernardino, CA 92404 for a five year term, beginning April I, 2011, a copy of which is attached hereto, marked as Attachment "I" 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. III III III III III III II 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 RESOLUTION NO. 2011-76 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO APPROVE A FACILITY LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT FIGHTING CHANCE TO PROVIDE COMMUNITY AND YOUTH SERVICES AT PERRlS HILL COMMUNITY CENTER (pREVIOUSLY A SPECIAL PLACE CHILDREN'S MUSEUM). J HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a thereof, held on the 21st day of March wit: Meeting, joint regular , 20 II, by the following vote to COUNCIL MEMBERS A YES ABSTAIN ABSENT NAYS MARQUEZ x VACANT BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK x Ci'-01"LZ. b ~ Rac I G. Clark, CIty Clerk The foregoing resolution is hereby approved this ol117./ day of March ,2011. -~OITiS,MaYOr City of San Bernardino Approved as to Form: a es F. Penman, City Attorney 2011-76 CITY OF SAN BERNARDINO PROJECT FIGHTING CHANCE USE OF FACILITIES AGREEMENT This Agreement, by and between Project Fighting Chance ("PFC") and the City of San Bernardino ("CITY"), provides for the PFC's use of the Perris Hill Community Center ("CENTER") located at 1003 East Highland Avenue, San Bernardino, CA 92404; owned by the CITY, in accordance with the following terms and conditions: I. GENERAL: PFC shall have exclusive use of the CENTER from April I through March 31, Monday through Friday, 8:00 AM to 8:00 PM for community and youth development programming and special events. II. TERM: The term of this agreement shall be for five (5) years commencing on April I, 2011 and ending on March 31, 2016; with the option of one (I) five year renewal upon mutual consent of the parties. During the term of the Agreement, PFC is granted exclusive use of the CENTER building and structure. III. USE OF CENTER: A. CITY's Responsibilities: I. Maintenance of Grounds: Routine/Recurring: provide weekly landscape maintenance of Perris Hill Park, including 2 inch height mowing and edging (once per week), apply seed and fertilizer, and repair damaged irrigation as needed. 2. Use of CENTER Building: CITY will allow PFC to use the CENTER building, which includes the kitchen/office and adjacent janitor's storage closet, restroom, and three multi-purpose rooms during the scheduled use as described herein. ATTACHMENT I 2011-76 B. PFC Responsibilities: I. Use of Facilities: PFC will use CENTER for community and youth programming as set forth in the "Scope of Services", herein attached as Exhibit "A". 2. Maintenance of Facilities: PFC will keep the CENTER building clean of trash throughout the duration of use. PFC will be soley responsible for all utilities, maintenance and janitorial costs during the term of use. 3. Adherence to CITY Regulations: PFC will insure that all patrons and staff adhere to CITY regulations at all times as set forth in the municipal code. CITY reserves the right to close the CENTER if requests for compliance with regulations are not met. 4. Non-profit status: PFC is a registered not for profit 501(c)(3) organization in good standing with the California Franchise Tax Board and the Federal Internal Revenue Service, and shall maintain such status throughout the term of this agreement. 5. Public Access: PFC shall be permitted to charge fees for access to specialized programs and events with prior approval by CITY. IV. FEES & PFC Reciprocal Services: A. SCOPE OF SERVICES. I. PFC staff and volunteers working directly with children shall submit to and pass a "Live Scan" background check. 2. PFC shall, perform and carry out in a good and professional manner the community services set forth m the "Scope of Services", herein attached as Exhibit "A". 3. PFC shall provide the CITY information for the seasonal Activity Guide four times annually, respectively on April 23'd (Summer 2 ATTACHMENT I 2011-76 period), July 15th (Fall period), October 24th (Winter period), and February I st (Spring period). 4. PFC will provide $10,000 III annual capital improvement assistance to the CITY to renovate the existing community center and/or other city-wide park facilities ($50,000 - value, per contract term). All renovation plans and materials are subject to review and approval by CITY staff prior to construction commencing. 5. PFC will maintain all aspects of the interior and exterior of the CENTER building for PFC's exclusive use. V. RECORDS AND INSPECTIONS. PFC shall maintain full and accurate records with respect to all matters covered under this agreement. PFC shall provide to CITY a monthly report of services provided and number of persons served by the third business day of each month. VI. EMPLOYMENT AND INDEPENDENT CONTRACTORS: PFC, at the PFC's own expense, may employ or contract such persons, as the PFC deems necessary to perform the services required of the PFC by this agreement. The PFC assumes full and sole responsibility for payment of all compensation and expenses of these employees or independent contractors for all state and federal income tax, Worker's Compensation unemployment insurance, Social Security, disability insurance, and other applicable withholdings. The PFC agrees to provide worker's compensation insurance for their own employees, volunteers and agents and agrees to hold harmless and indenmify the CITY for any and all claims arising out of any injury, disability, or death of any of the PFC's employees or agents. 3 ATTACHMENT I 2011-76 VII. DISCRIMINATION: PFC agrees that the activities provided under this Agreement and all employment offered by PFC under this Agreement shall be free of discrimination based upon race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. PFC shall comply with the law and the policies and procedures of the CITY relative to affirmative action compliance in their employment practices. VIII. INDEMNITY: PFC agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of PFC, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, PFC agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. PFC hereby waives any and all rights to any types of express or implied indemnity against the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the PFC relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. IX. INSURANCE: While not restricting or limiting the foregoing, during the term of this Agreement, PFC shall maintain in effect policies of comprehensive public, general and 4 ATTACHMENT I 2011-76 automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, and agents as additionally insured. A certificate of insurance evidencing such coverage shall be provided to the City's Risk Manager or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without thirty (30) days prior written notice to CITY. X. TERMINATION: The CITY or the PFC may terminate this Agreement for any reason, by giving the other party thirty (30) days advance written notice of termination. Should the PFC fail to faithfully perform all the terms and conditions of this Agreement, the CITY may summarily terminate this Agreement by giving fourteen (14) working days' written notice of termination to the PFC. XI. 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. XII. ASSIGNMENT. PFC shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the PFC'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 5 ATTACHMENT I 2011-76 sub-letting or assignment shall release PFC of PFC's obligation to perform all other obligations to be performed by PFC hereunder for the term of this Agreement. XIII. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. XIV. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. XV. 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. XVI. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. XVII. 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 this Agreement shall remain in full force and effect. 6 ATTACHMENT I 2011-76 XVIII. REMEDIES; WAIVER. 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. XIX. AMENDMENTS TO THE AGREEMENT This Agreement may only be changed by written amendment signed by authorized officials of CITY and PFC. No oral agreements shall be binding or of any effect on either party. XX. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. It is not the intent of the Parties that any rights in third parties be created by the terms and conditions agreed to herein. III III III 7 ATTACHMENT I 2011-76 CITY OF SAN BERNARDINO PROJECT FIGHTING CHANCE USE OF FACILITIES AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Project Fighting Chance 6211 Sierra Avenue, #1312 Fontana, CA 92336 City of San Bernardino Parks, Recreation and Community Services Department 1350 South "E" Street San Bernardino, CA 92408 By Ian Franklin, President By Charles McNeely, City Manager Date Date Approved as to form: James F. Penman, City Attorney .~~ 8 ATTACHMENT I 2011-76 EXHIBIT A Attachment 1 SCOPE OF SERVICES Project Fighting Chance And the City of San Bernardino, Parks, Recreation, and Commnnity Services Department For the period beginning April 1, 2011 through March 31, 2016 (60 months) The intent of this Scope of Services is to express the commitment of each party to the usage of the facility located at 1003 East Highland Avenue, San Bernardino, CA 92404 (Perris Hill Community Center). The Scope of Services between Project Fighting Chance (PFC) and the The City of San Bernardino, Parks, Recreation and Community Services Department, expressly outlines how the two parties will work together toward a mutual goal of offering services designed to be provided at the facility now known as the Perris Hill Community Center. Programming will provide training, education and counseling that will replicate a support system for the youth of the community. By nurturing the lives of at risk youths, the program offerings provided at the Community Center will teach them to become contributing members of society. The curricula encourage youth to set life goals while giving them the necessary tools to ultimately transition into purpose-filled lives. All programs offered at the Community Center will be the nexus between successful youth development and the safety of our community. To this end, PFC has established a five (5) year service plan to renovate the Community Center in accordance with the conditions as set forth by the City of San Bernardino. The Project Fighting Chance (PFC) will provide the following programmatic services or a variation of the following based on funding opportunities. All services will be available Monday through Friday 8 am. To 8 p.m. Specific program times will apply. Where mainstay programs may require membership dues to aid in offsetting operational costs: . FIGHTS Boxing (mainstay) . "A For Achievement" After school tutoring program. (mainstay) · Team Thomas Vocational Training - A construction training program offers an opportunity to learn skills such as heating & air conditioning, masonry, drywall & carpentry from licensed contractors. Participants will have hands on shop experience as well as class room curriculum. Students will receive certificates after completing each module. (mainstay) . Life Skills Group - a mentoring groups coverin!>.a variety of topics such as career preparation, gang & drug intervention, goal setting, communication skills, financial management along with many other topics helping to assist participants in making good choices. (mainstay) PrOl!ram Services Yr 1 Prol!ram Services Yr 2 . Yr 1 Services, and . Dance Studio . Drill Team . Karate . Outdoor Amateur Boxing Shows sanctioned by USA Boxing. (Fundraiser) . Bingo Night (Fundraiser) Prol!ram Services Y r 3 . Yr 1-2 Services, and . Computer Learning Center . Keep It In Check Anger Management Class . Youth Basketball League & Camps Prol!ram Services Yr 4 . Yr 1-3 Services, and . Entrepreneur Workshops . Big Brother Mentoring Program Pro!!ram Services Yr 5 . Yr 1-4 Services, and . Baseball Camps 2011-7fi EXHIBIT A Attachment 1 . San Bernardino Help Youth & Adults Program - This program will serve as community resource for volunteers assisting the economically disadvantaged members of the community, with particular focus on the elderly. The volunteers will perform beautification projects that involve graffiti abatement and blight removal. It shall be understood by both parties that: I. In addition to the annual youth programming, PFC will be responsible for $50,000 of capital improvement services throughout the term of the 5 year agreement; $10,000 annually. Improvements can be completed at any of the city owned parks facilities and must be completed under the supervision of a licensed contractor. 2. The Parks, Recreation, and Community Services Department will cover all permitting and plan check fees for said improvements. PFC must obtain City approval of any and all improvement plans prior to starting work. 3. PFC will be responsible for maintenance, upkeep and utilities used at the Community Center. Only where city maintenance and grounds keeping apply, will the City be responsible for maintaining. The City of San Bernardino will provide: I. The facility located at 1003 East Highland Avenue, San Bernardino, CA 92404. (perris Hill Community Center) for an initial period of no less than five (5) years. In-kind services and construction improvements from PFC will be accepted in lieu of payment for occupying the facility. 2. PFC the autonomy to make renovations as necessary for the safety and ease of use of the facility, with prior City review and approval of plans. 3. PFC the autonomy to use the facility in its construction program which will require the build out and take down of walls etc where necessary for training, with prior City review and approval of plans. 2011-76 CITY OF SAN BERNARDINO PROJECT FIGHTING CHANCE USE OF FACILITIES AGREEMENT This Agreement, by and between Project Fighting Chance ("PFC") and the City of San Bernardino ("CITY"), provides for the PFC's use of the Perris Hill Community Center ("CENTER") located at 10m East Highland Avenue, San Bernardino, CA 92404; owned by the CITY, in accordance with the following terms and conditions: I. GENERAL: PFC shall have exclusive use of the CENTER from April I through March 31, Monday through Friday, 8:00 AM to 8:00 PM for community and youth development programming and special events. II. TERM: The term of this agreement shall be for five (5) years commencing on April I, 2011 and ending on March 31, 2016; with the option of one (I) five year renewal upon mutual consent of the parties. During the term of the Agreement, PFC is granted exclusive use of the CENTER building and structure. III. USE OF CENTER: A. CITY's Responsibilities: I. Maintenance of Grounds: Routine/Recurring: provide weekly landscape maintenance of Perris Hill Park, including 2 inch height mowing and edging (once per week), apply seed and fertilizer, and repair damaged irrigation as needed. 2. Use of CENTER Building: CITY will allow PFC to use the CENTER building, which includes the kitchen/office and adjacent janitor's storage closet, restroom, and three multi-purpose rooms during the scheduled use as described herein. 2011-76 B. PI<T Responsibilities: 1. Use of Facilities: PFC will use CENTER for community and youth programming as set forth in the "Scope of Services", herein attached as Exhibit "A". 2. Maintenance of Facilities: PFC will keep the CENTER building clean of trash throughout the duration of use. PFC will be soley responsible for all utilities, maintenance and janitorial costs during the term of use. 3. Adherence to CITY Regulations: PFC will insure that all patrons and staff adhere to CITY regulations at all times as set forth in the municipal code. CITY reserves the right to close the CENTER if requests for compliance with regulations are not met. 4. Non-profit status: PFC is a registered not for profit SOl(c)(3) organization in good standing with the California Franchise Tax Board and the Federal Internal Revenue Service, and shall maintain such status throughout the term of this agreement. 5. Public Access: PFC shall be permitted to charge fees for access to specialized programs and events with prior approval by CITY. IV. FEES & PFC Reciprocal Services: A. SCOPE OF SERVICES. I. PFC staff and volunteers working directly with children shall submit to and pass a "Live Scan" background check. 2. PFC shall, perform and carry out in a good and professional manner the community services set forth m the "Scope of Services", herein attached as Exhibit "A". 3. PFC shall provide the CITY information for the seasonal Activity Guide four times annually, respectively on April 23'd (Summer 2 2011-76 period), July 15th (Fall period), October 24th (Winter period), and February 1 st (Spring period). 4. PFC will provide $10,000 III annual capital improvement assistance to the CITY to renovate the existing community center and/or other city-wide park facilities ($50,000 - value, per contract term). All renovation plans and materials are subject to review and approval by CITY staff prior to construction commencing. 5. PFC will maintain all aspects of the interior and exterior of the CENTER building for PFC's exclusive use. V. RECORDS AND INSPECTIONS. PFC shall maintain full and accurate records with respect to all matters covered under this agreement. PFC shall provide to CITY a monthly report of services provided and number of persons served by the third business day of each month. VI. EMPLOYMENT AND INDEPENDENT CONTRACTORS: PFC, at the PFC's own expense, may employ or contract such persons, as the PFC deems necessary to perform the services required of the PFC by this agreement. The PFC assumes full and sole responsibility for payment of all compensation and expenses of these employees or independent contractors for all state and federal income tax, Worker's Compensation unemployment insurance, Social Security, disability insurance, and other applicable withholdings. The PFC agrees to provide worker's compensation insurance for their own employees, volunteers and agents and agrees to hold harmless and indemnify the CITY for any and all claims arising out of any injury, disability, or death of any of the PFC's employees or agents. 3 2011-76 VII. DISCRIMINATION: PFC agrees that the activities provided under this Agreement and all employment offered by PFC under this Agreement shall be free of discrimination based upon race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. PFC shall comply with the law and the policies and procedures of the CITY relative to affirmative action compliance in their employment practices. VIII. INDEMNITY: PFC agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of PFC, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, PFC agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. PFC hereby waives any and all rights to any types of express or implied indemnity against the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the PFC relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. IX. INSURANCE: While not restricting or limiting the foregoing, during the term of this Agreement, PFC shall maintain in effect policies of comprehensive public, general and 4 2011-76 automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, and agents as additionally insured. A certificate of insurance evidencing such coverage shall be provided to the City's Risk Manager or his designee, with the added notation that the insurance policy shall not be terminated or materially altered without thirty (30) days prior written notice to CITY. X. TERMINATION: The CITY or the PFC may terminate this Agreement for any reason, by giving the other party thirty (30) days advance written notice of termination. Should the PFC fail to faithfully perform all the terms and conditions of this Agreement, the CITY may summarily terminate this Agreement by giving fourteen (14) working days' written notice of termination to the PFC. XI. 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. XII. ASSIGNMENT. PFC shall not voluntarily or by operation of law aSSign, transfer, sublet or encumber all or any part of the PFC'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 5 2011-76 sub-letting or assignment shall release PFC of PFC's obligation to perform all other obligations to be performed by PFC hereunder for the term of this Agreement. XIII. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. XIV. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. XV. 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. XVI. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. XVII. 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 this Agreement shall remain in full force and effect. 6 2011-76 XVIII. REMEDIES; WAIVER. 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. XIX. AMENDMENTS TO THE AGREEMENT This Agreement may only be changed by written amendment signed by authorized officials of CITY and PFC. No oral agreements shall be binding or of any effect on either party. xx. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. It is not the intent of the Parties that any rights in third parties be created by the terms and conditions agreed to herein. III III III 7 2011-76 CITY OF SAN BERNARDINO PROJECT FIGHTING CHANCE USE OF FACILITIES AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Project Fighting Chance 6211 Sierra Avenue, #1312 Fontana, CA 92336 City of San Bernardino Parks, Recreation and Community Services Department 1350 South "E" Street San Bernardino, CA 92408 B ~~77 1./-5 -I / Date Date Approved as to form: James F. Penman, City Attorney "' 8 2011-76 EXHIBIT A SCOPE OF SERVICES Project Fighting Chance And the City of San Bernardino, Parks, Recreation, and Community Sen'ices Department For the period beginning April 1, 2011 through March 31, 2016 (60 months) The intent of this Scope of Services is to express the commitment of each party to the usage of the facility located at 1003 East Highland Avenue, San Bernardino, CA 92404 (Perris Hill Community Center). The Scope of Services between Project Fighting Chance (PFC) and the The City of San Bernardino, Parks, Recreation and Community Services Department, expressly outlines how the two parties will work together toward a mutual goal of offering services designed to be provided at the facility now known as the Perris Hill Community Center. Programming will provide training, education and counseling that will replicate a support system for the youth ofthe community. By nurturing the lives of at risk youths, the program offerings provided at the Community Center will teach them to become contributing members of society. The curricula encourage youth to set life goals while giving them the necessary tools to ultimately transition into purpose-filled lives. All programs offered at the Community Center will be the nexus between successful youth development and the safety of our community. To this end, PFC has established a five (5) year service plan to renovate the Community Center in accordance with the conditions as set forth by the City of San Bernardino. The Project Fighting Chance (PFC) will provide the following programmatic services or a variation of the following based on funding opportunities. All services will be available Monday through Friday 8 am. To 8 p.m. Specific program times will apply. Where mainstay programs may require membership dues to aid in offsetting operational costs: . FIGHTS Boxing (mainstay) . "A For Achievement" After school tutoring program. (mainstay) . Team Thomas Vocational Training - A construction training program offers an opportunity to learn skills such as heating & air conditioning, masonry, drywall & carpentry ITom licensed contractors. Participants will have hands on shop experience as well as class room curriculum. Students will receive certificates after completing each module. (mainstay) . Life Skills Group - a mentoring groups covering_a variety of topics such as career preparation, gang & drug intervention, goal setting, communication skills, financial management along with many other topics helping to assist participants in making good choices. (mainstay) PrOl!ram Services Y r 1 PrOl!ram Services Yr 2 . Yr 1 Services, and . Dance Studio . Drill Team . Karate . Outdoor Amateur Boxing Shows sanctioned by USA Boxing. (Fundraiser) . Bingo Night (Fundraiser) PrOl!ram Services Y r 3 . Yr 1-2 Services, and . Computer Learning Center . Keep It In Check Anger Management Class . Youth Basketball League & Camps Proe:ram Services Y r 4 . Yr 1-3 Services, and . Entrepreneur Workshops . Big Brother Mentoring Program Proe:ram Services Y r 5 . Yr 1-4 Services, and . Baseball Camps 2011-76 EXHIBIT A . San Bernardino Help Youth & Adults Program - This program will serve as community resource for volunteers assisting the economically disadvantaged members of the community, with particular focus on the elderly. The volnnteers will perform beautification projects that involve graffiti abatement and blight removal. It shall be understood by both parties that: 1. In addition to the annual youth programming, PFC will be responsible for $50,000 of capital improvement services throughout the term of the 5 year agreement; $10,000 annually. Improvements can be completed at any ofthe city owned parks facilities and must be completed under the supervision of a licensed contractor. 2. The Parks, Recreation, and Community Services Department will cover all permitting and plan check fees for said improvements. PFC must obtain City approval of any and all improvement plans prior to starting work. 3. PFC will be responsible for maintenance, upkeep and utilities used at the Community Center. Only where city maintenance and grounds keeping apply, will the City be responsible for maintaining. The City of San Bernardino will provide: 1. The facility located at 1003 East Highland A venue, San Bernardino, CA 92404. (Perris Hill Community Center) for an initial period of no less than five (5) years. In-kind services and construction improvements from PFC will be accepted in lieu of payment for occupying the facility. 2. PFC the autonomy to make renovations as necessary for the safety and ease of use of the facility, with prior City review and approval of plans. 3. PFC the autonomy to use the facility in its construction program which will require the build out and take down of walls etc where necessary for training, with prior City review and approval of plans.