HomeMy WebLinkAbout05.I- Parks & Recreation
5.1
RESOLUTION (ID # 1481)
DOC ID: 1481 A
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Kevin L. Hawkins
MlCC Meeting Date: 01109/2012
Prepared by: Harriet Myers, (909) 384-5233
Dept: Parks, Recreation & Community
Services
Ward(s): 7
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a Memorandum of Understanding by and Between the Disabled
American Veterans, San Bernardino Chapter 12, and the City of San Bernardino Parks,
Recreation and Community Services Department to Allow the Construction, Operation, and
Maintenance of a Community Garden at Speicher Park for Disabled Veterans and City
Residents. Term of This Agreement is from January 10,2012 through December 30, 2012, with
the Option of Five (5) Single Year Extensions.
Financial Impact:
None
Motion: Adopt Resolution.
Svnopsis of Previous Council Action:
None
Backl!round:
The Disabled American Veterans (DA V), San Bernardino Chapter 12, has proposed an
agreement with the City of San Bernardino and San Bernardino Parks, Recreation and
Community Services Department to establish and maintain a Veterans Exploration Garden
(VEG) for the purpose of allowing disabled veterans the opportunity to learn multiple aspects of
organizing, planting, and maintaining a community garden as a therapeutic approach in
improving an individual's mental and/or physical health. This program will have three
developmental phases aimed at I) Wellness through botanical/agriculture cultivation; 2) Training in
sustainable agriculture; and 3) Embracing the community through sharing and teaching gardening
methods. The development and maintenance of the VEG will provide veterans an opportunity to
offer hands-on training and workshops to youth and their families.
In addition to a series of planning meetings with City staff, the Disabled American Veterans, San
Bernardino Chapter 12, has secured a grant from the Home Depot Foundation, in the amount of
$15,000 for the purpose of completing the construction and operation of the VEG on the
northeast section of Speicher Park. After completion, the VEG will be operated by the Disabled
American Veterans, San Bernardino Chapter 12, veterans, Monday through Friday from 8:00
a.m. to 6:00 p.m., and on select Saturdays and Sundays for specialized programming. All
volunteers working directly with children shall submit to and pass a "Live Scan" background
Updated: 1/3/2012 by Linda Sutherland A
I ~ Piii:~et Pg. 157
5.1
1481
check prior to volunteering. In accordance with the proposed Memorandum of Understanding,
oversight and supervision of the volunteers will be the sole responsibility of the Disabled
American Veterans, San Bernardino Chapter 12. Joint programming opportunities between the
Parks, Recreation and Community Services Department and DA V are anticipated as referenced
in Exhibit "A", and include: Small Scale Gardening and Sustainable Farming 101, Mindful
Healing Workshops, A Wellness and Recovery Workshop, From the Garden to the Table
(Nutritional Meals) Demonstrations, Self-Esteem and Pathways to Recovery Workshop,
Learning to Make Your Own Flower Arrangements Class and tours for Students and members of
the community.
The Disabled American Veterans, San Bernardino Chapter 12, also agrees to the
following:
. Responsibility for all costs related to the administration and operation of the VEG;
. Provide a listing of scheduled events and activities;
. On the third business day of each month, provide a monthly report detailing
services provided and attendance; and
. Provide proof of non-profit SOl (c)(3) status and maintain good standing.
City Attorney Review:
Supportinl!: Documents:
EXHIBIT a Veterans Garden Scope of Services
EXHIBIT B Veterans Garden Proposal (PDF)
EXHIBIT C Veterans Garden Designs_Drawings
agreement 1481 (PDF)
reso 1481 (PDF)
(PDF)
(PDF)
Updated: 1/3/2012 by Linda Sutherland A
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5.1.a
EXHIBIT "A"
SCOPE OF SERVICES
The Veterans Exploration Garden (VEG) will provide:
I. Small Scale Gardening and Sustainable Farming 101
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2. Mindful Healing Workshops
3. Wellness and Recovery Workshop
4. From the Garden to the Table (Nutritional Meals) Demonstrations
5. Self-esteem and Pathways to Recovery Workshop
6. Learning to make your own Flower Arrangements Class
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7. Tours for Student and Community Members
8. Calendar outlining each activity, date, and time of additional activities,
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EXHIBIT "B"
PROPOSAL
San Bernardino Chapter 12
Disabled American Veterans (DA V) Organization
Sponsors of the
Veteran's Exploration Garden (VEG)
(Healing, Serenity, Trust Building, Self-actualization, Business Training and Community)
Objective:
Provide an alternative therapeutic approach in addition to traditional methods of treatment for veterans
suffering from Post-Traumatic Stress Disorder (PTSD) through healing gardens that can facilitate in
improving or restoring an individual's mental or physical health. Bringing back into the lives of veterans
the humanity and compassion that was trained out of them in preparation for war and allowing them to
once again realize their potential of becoming healthy productive members of society.
Benefits:
The gardens provide evidence of the healing influence that nature can have on an individual's physical
and mental well-being a place for the relief of pain and to assist the veteran's struggle for orientation and
equilibrium. It is a place that relaxes and soothes and thereby encourages the body and the mind to
restore itself. The garden provides a restful environment that promotes tension relief, meditation, and
physical and spiritual restoration.
Program:
This program will have three developmental phases aimed at: I) Wellness through botanical/agriculture
cultivation; 2) Training in sustainable agriculture; and 3) Embacing the Community through sharing and
teaching the methods.
Start-Up Needs:
1) V A Mental Health Department program concept buy-in and support
2) Wellness Therapy Program design and assistance (therapist(s) assigned based on program
implementation requirements)
3) Landscape Designer
4) Site clean-up volunteers
5) Site caretaker(s)
6) BHOST/BHIP referrals
7) OIF/OEF referrals
8) Vet Center referrals
9) Master Gardner advisory support
10) Veterans Sustainable Agriculture Training (VSAT) program implementation (Creating Veteran
Owned Business Opportunities)
I I) Program plan to extend invitation to surrounding community residence and schools to tour site
and be given instruction on developing their own organic gardens. Instruction provided by
willing veterans as part of their continued therapy re-introduction to society as the goal.
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Schedule:
November 1, 2011 - Discussions regarding the MOU agreement with City of San Bernardino and the
Parks, Recreation and Community Services Department.
November 13 - December 31, 2011 - Begin Landscape Design in preparation for program start-up.
December - January 2012 - Soft opening (news release - photo op) with Mayor, Council Members,
Home Depot Foundation Representatives, etc.
January 13-14, 2012 - Grand Opening with dignitaries, veterans participating in the program, Lorna
Linda V AMC Staff, and the press.
January 16, 2012 - First day of service to veterans and their families in need. This program is to service
the Mental, Physical, Educational Training and Nutritional Health of the program participants and the
eventual inclusion and training of the surrounding community and schools.
Support for this program has been provided by the City of San Bernardino, the Mayor's Office,
the San Bernardino Parks, Recreation & Community Services Department, the San Bernardino
County Veterans Affairs Office, and the Home Depot Foundation which provided the design,
infrastructure, supplies and initial manpower needed to implement this project.
"Build it and they will come" is what we members of the San Bernardino DA V Chapter 12
hope to accomplish and keep alive for as long as there are veterans in need.
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5.1.d
CITY OF SAN BERNARDINO
DISABLED VETERANS SAN BERNARDINO CHAPTER 12
MEMORANDUM OF UNDERSTANDING
This Agreement is entered into by and between Disabled Veterans San Bernardino
Chapter 12, the ("PROVIDER") and the City of San Bernardino Parks, Recreation and
Community Services Department ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the PROVIDER has obtained grant funds in the amount of $15,000 from
the Home Depot Foundation for the construction, operation and maintenance of a community
garden "Veterans Exploration Garden" (VEG) at Speicher Park; and,
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WHEREAS, the PROVIDER has developed a program for disabled veterans to learn all
aspects of organizing, planting and maintaining a community garden to benefit disabled veterans
City residents; and,
WHEREAS, the CITY has made a portion of the northeast section of Speicher Park
available for the purpose of developing the Veterans' Exploration Garden (VEG) community
garden; and,
WHEREAS, the CITY desires to partner with PROVIDER project to expand social,
recreational and community services to disabled veterans and community residents; and,
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WHEREAS, the CITY desires to retain the services of PROVIDER for the purposes of
managing and overseeing the operation and activities of the VEG community garden Monday
through Friday 8:00 am to 6:00 pm and select Saturdays and Sundays; and,
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WHEREAS, the CITY and PROVIDER agree that PROVIDER shall pay an annual
rental fee of One Dollar ($1.00) for the term of this Agreement; and,
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WHEREAS, the PROVIDER agrees to provide on the 3rd business day of each month a
monthly report of services provided to the community and the number of persons attending.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and promises described herein, the parties agree as follows:
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1. SCOPE OF SERVICES.
PROVIDER shall, perform and carry out in good and professional manner the following
services:
A. Provide all funds necessary to construct, operate and maintain Veterans Exploration
Garden (VEG) community garden.
B. Plan, develop and implement all VEG workshops, training and activities Monday through
Friday, 8:00 am to 6:00 pm and select Saturdays and Sundays for special programs.
Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
Page 1
r l'acketPg. 166
C. Provide those workshops, trainings and programs listed in Exhibit A.
D. Recruit, supervise and require ALL Volunteers working directly with children to submit
to and pass "Live Scan" background check prior to providing volunteering.
E. Provide monthly status report of services provided to community and number of persons
attending on the 3 rd business day of each month.
F. Provide all training curriculum, supplies and materials needed to conduct services in a
good and professional manner.
G. Provide information for the seasonal Activity Guide four (4) times annually, respectively
on April 23rd (Summer period), July 15th (Fall period), October 24th (Winter period) and
February 15th (Spring period)
CITY shall, perform and carry out in good and professional manner the following
services:
A. Provide a portion of the northeast corner of Speicher Parks for the purpose of the
Disabled American Veterans San Bernardino Chapter 12 constructing, operating and
maintaining a community garden.
B. Provide a City Liaison to meet montWy with Disabled American Veterans San
Bernardino Chapter 12 staff and volunteers
2. TERM; TERMINATION.
The term of this Agreement is from JanuarylO, 2012 through December 30, 2012. 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.
3. INDEMNITY.
PROVIDER 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
PROVIDER's negligent acts or omissions arising from PROVIDER's performance of its
obligations under this Agreement. CITY agrees to indemnify and hold harmless PROVIDER, 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 CITY's
performance of its obligations under this Agreement. In the event that CITY and/or PROVIDER
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 PROVIDER 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.
//1
Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
5.1.d
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4. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
PROVIDER shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$I,OOO,OOO.OO 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 PROVIDER 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.
5. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
PROVIDER 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.
6. INDEPENDENT PROVIDER.
PROVIDER shall perform work tasks provided by this Agreement but for all intents and
purposes PROVIDER and its agents or employees shall be an independent contractor and not an
agent or employee of the CITY. PROVIDER 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 CITY and its officers, agents,
and employees, and any and all licenses, if any are required, in connection with the services to be
performed hereunder.
7. ASSIGNMENT OR SUBCONTRACTING.
PROVIDER shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the PROVIDER'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 PROVIDER'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.
8. 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
the Superior Court of the County of San Bernardino, California, or the United States District
Court, Central District of California, Eastern Division. The laws of the State of California shall
govern the interpretation and enforcement of this Agreement.
Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
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9. 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.
10. 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.
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 and any such document or
instrument, the terms and conditions of this Agreement shall prevail.
12. 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.
13. REMEDIESfW 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.
14. 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:
1//
Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
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5.1.d
TO THE CITY:
Parks, Recreation and
Community Services Department
1350 South "E" Street
San Bernardino, CA 92408
(909) 384-5160 Fax (909) 384-5160
TO THE PROVIDER:
Disabled American Veterans
San Bernardino Chapter 12
P,O. Box 1228
Highland, CA 92346
(909)838-2634 Fax (909) 862-5864
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Date:
Date:
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City of San Bernardino
Disabled American Veterans
San Bernardino Chapter 12
By:
Charles E. McNeely, City Manager
By:
Richard A. Valdez, Commander
Approved as to Form:
James F, Penman, City Attorney
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Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
Page S
I $ ~acket Pg. 170
I
RESOLUTION NO.
2
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN DISABLED
AMERICAN VETERANS SAN BERNARDINO CHAPTER 12 AND THE CITY OF
SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT TO ALLOW THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF A COMMUNITY GARDEN AT SPEICHER PARK FOR
DISABLED VETERANS AND CITY RESIDENTS. TERM OF THIS AGREEMENT
IS FROM JANUARY 10, 2012 THROUGH DECEMBER 30, 2012 WITH THE
OPTION OF FIVE (5) SINGLE YEAR EXTENSIONS.
4
5
6
7
8
9
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
10
11
12
SECTION 1. That the City Manager is hereby authorized to execute on behalf of said
City a Memorandum of Understanding (MOU) by and between Disabled American Veterans
13
San Bernardino Chapter 12 and the City of San Bernardino Parks, Recreation and Community
14 Services Department to allow the construction, operation and maintenance of a community
15 garden at Speicher Park for disabled veterans and City residents, The term of this MOU is from
16 January 10,2012 through December 30,2012, with the option of five (5) single year extensions.
17
18
A copy of the MOU is attached hereto and incorporated herein,
SECTION 2. That the authorization granted hereunder shall expire and be void and of
19
no further effect if the MOU is not executed by all parties and returned to the City Clerk within
20
ninety (90) days following the effective date of this Resolution,
1
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23
1
2
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM
OF UNDERSTANDING BY AND BETWEEN DISABLED AMERICAN VETERANS SAN
BERNARDINO CHAPTER 12 AND THE CITY OF SAN BERNARDINO PARKS,
RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ALLOW THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF A COMMUNITY GARDEN AT
SPEICHER PARK FOR DISABLED VETERANS AND CITY RESIDENTS. TERM OF THIS
AGREEMENT IS FROM JANUARY 10, 2012 THROUGH DECEMBER 30, 2012 WITH THE
OPTION OF FIVE (5) SINGLE YEAR EXTENSIONS.
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
8
9
Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2012, by the following vote, to wit:
10
COUNCIL MEMBERS:
ABSTAIN ABSENT
AYES
NAYS
11
MARQUEZ
12
13
14
15
16
JENKINS
BRINKER
SHORETT
KELLEY
17
JOHNSON
18
MCCAMMACK
19
20
Rachel G. Clark, City Clerk
City of San Bernardino
21
The foregoing Resolution is hereby approved this
day of
,2012
24 Patrick J. Morris, Mayor
City of San Bernardino
25 Approved as to form:
26 JAME
27
28
Attorney
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