HomeMy WebLinkAbout14- Parks, Recreation & Community Services ORIGINAL
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director Subject: Resolution of the Mayor and Common
Council of the City of San Bernardino
Dept: Parks, Recreation& Community authorizing the City Manager to approve
Services Dept. an annual services agreement between the
City of San Bernardino and Project Life
Date: November 29, 2010 Impact to provide supplemental recreation
and community services at Nicholson
Community Center.
M/CC Meeting Date: December 20,
2010
Synopsis of Previous Council Action:
10-18-2010— Council approved Resolution 2010-352 authorizing the City Manager to execute a
standard Facility Lease Agreement with the County of San Bernardino to create and
operate a Family Resource Center at Nicholson Community Center
Recommended motion:
Adopt Resolution.
Signature
Contact person: Robert Lennox Phone: 384-5031
Supporting data attached: Staff Report, Reso, & Agreement Ward: 6
FUNDING REQUIREMENTS: Amount:
Source: (Acct.No.)
(Acct. Description)
Finance:
Council Notes: O/O— 3 90
Agenda Item No.
/a-ao-aa�o
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
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.
Background:
With the exception of this past summer's volunteer after school program, the Nicholson
Community Center has been closed for city programming since April 1, 2009. Closure savings
derived from the Interim City Manager's proposal to the Mayor and Common Council at the
February 2, 2009 meeting reflected a total annual general fund savings of$58,800 in operating
costs plus an additional $20,000 in utilities-internal service charges. As a result of this closure,
traditional facility reservations, contract classes and community programs had not been provided.
In an effort to revitalize programming and services at this site, while maintaining the proposed
savings to the General Fund, on October 18, 2010 the Mayor and Common Council approved
resolution 2010-352 authorizing the execution of a standard Facility Lease Agreement between
the City and the County of San Bernardino, Preschool Services Department (CSBPSD), to co-
operatively utilize facilities at Nicholson Community Center. Effective November 1, 2010,
CSBPSD expanded their existing Family Resource Center Programs in the County at Nicholson
Community Center.
Partnership with CSBPSD has encouraged additional community groups to inquire about
possible collaboration opportunities. Project Life Impact (PLI) 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. PLI promotes educational, recreational, and family services for the
students/youth and their families. PLI has proposed supplemental programming for Nicholson
Community Center in the following areas: Academic Impact, After School Impact, Impact
Sports, Back-2-Basics, and KidZone. A description of all services is outlined in the program
overview, attached as Exhibit `B". PLI programs will not replace existing city or county
activities, but rather enhance the service offerings with additional resources that compliment the
center's calendar and schedule.
Financial Impact:
There is no cost to enter into an agreement with PLI, however terms of the service contract
include facility improvements to be completed by PLI, estimated at $25,000 annually, in
exchange for ball field and community center use and access to city and county program
participants.
Recommendation:
Adopt resolution
COPY
O1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO APPROVE AN ANNUAL
SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT
4 LIFE IMPACT TO PROVIDE SUPPLEMENTAL RECREATION AND COMMUNITY
SERVICES AT NICHOLSON COMMUNITY CENTER.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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 Project Life Impact to
10 provide supplemental recreation and community services at Nicholson Community Center
11 located at 2750 West 2nd Street, San Bernardino, California on an annual basis, beginning
12
January 1, 2011, a copy of which is attached hereto, marked as Exhibit "A" and incorporated
13
14 herein by reference as fully as though set forth at length.
15 SECTION 2. The authorization to execute the above referenced agreement is rescinded if the
16 parties to the agreement fail to execute it within sixty (60) days of the passage of this
17 resolution.
18
19
20
21
22
23
24 ///
25
26
27 LA
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO APPROVE AN ANNUAL
SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT
4 LIFE IMPACT TO PROVIDE SUPPLEMENTAL RECREATION AND COMMUNITY
SERVICES AT NICHOLSON COMMUNITY CENTER.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a Meeting,
8 thereof, held on the day of 2010,by the following vote to
9 wit:
10 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
11 MARQUEZ
12
DESJARDINS
13
14 BRINKER
15 SHORETT
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
21 Rachel G. Clark, City Clerk
22 The foregoing resolution is hereby approved this day of , 2010.
23
Patrick J. Morris, Mayor
24 City of San Bernardino
25
Approved as to Form:
26
27
28 es F. Penman, City Attorney
CITY OF SAN BERNARDINO
PROJECT LIFE IMPACT, INC.
SERVICES AGREEMENT
This Services Agreement is entered into this_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 in 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
EXHBIT A
CITY OF SAN BERNARDINO
PROJECT LIFE IMPACT, INC.
SERVICES AGREEMENT
This Services Agreement is entered into this_day of Decem r, 2010, by and
between Project Life Impact, Inc. ("CONSULTANT") and the City f San Bernardino ("CITY"
or"San Bernardino").
WITNESSETH:
WHEREAS, the CITY has provided vital soc' , recreational and community services to
Ward 6 residents for 40 years at the Nicholson Co unity Center; and
WHEREAS, the CITY desires to ontinue and expand social, recreational and
community services to Ward 6 residents;
WHEREAS, CONSULTANT demonstrated experience in the management and
�-- operation of social, recreational and c unity services to the citizens of San Bernardino; and
WHEREAS, the CITY des' es to retain the services of CONSULTANT for the purpose
of supplemental social,recreatio and community services at Nicholson Community Center.
NOW,THEREFORE the parties hereto agree as follows:
1. SCOPE OF SERVI ES.
CONSULTANT's staff an volunteers working directly with children shall submit to and pass a
"Live Scan"background heck.
CONSULTANT shall, erform and carry out in a good and professional manner the following
services to suppleme existing community center activities:
A. Academic act: are developed to improve proficiency levels in English Language Arts
and Mathe tics, student test scores, and assist in closing the achievement gaps.
1
EXHBIT A
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 23`d (Summer period), July 15a' (Fall period), October 24th
(Winter period), and February I"(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
EXHBIT A
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.
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 CONSULTANT 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.
f 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
EXHBIT A
�— 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.
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,
QCONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in,
4
EXHBIT A
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.
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 CONSULTANT
and not an agent or employee of the CITY. CONSULTANT 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 CONSULTANT
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.
�J 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
EXHBIT A
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
EXHBIT A
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. 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.
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 Project Life Impact, Inc.
Community Services Department 468 W. 5w Street, Suite 212
1350 South"E" Street San Bernardino, CA 92401
San Bernardino, CA 92408 (909) 388-1700 Fax(909) 388-2300
(909)384-5160 Fax(909)384-5160
7
EXHBIT A
�. 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_, 2010 December_, 2010
City of San Bernardino Project Life Impact, Inc.
By; By:
Charles E. McNeely, City Manager Willie C Ulibarri,Jr, CEO/President
Approved as to Form:
James F. Penman, City Attorney
By:
8
F xHiBi7 B
Project Life Impact/Nicholson Park
® Program Overview
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
EXHIBIT B
Project Life Impact/Nicholson Park
Program Overview
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.
TIMELINE
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
EXHIBIT B
Summary of Proposal Request
Program Title: Nicholson Park
Proposed by: Willie C Ulibarri, Jr
CEO/President
Agency Name: Project Life Impact, Inc.
468 W. 5�'Street, Suite 212
San Bernardino, Ca. 92401
909-388-1700 Office
909-388-2300 Fax
wu.pli a,verizon.net email
www.proiectlifeimpact.ore
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
KIDZONE, 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
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 PLI 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-12 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, GED, 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 PLI, 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.
CITY OF SAN BERNARDINO
PROJECT LIFE IMPACT, INC.
SERVICES AGREEMENT
This Services Agreement is entered into this_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 in 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
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 23d (Summer period), July 15`h (Fall period), October 24`h
(Winter period), and February I`(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
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.
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 CONSULTANT 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
V
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
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.
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
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 bylaw.
7. INDEPENDENT CONSULTANT.
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 CONSULTANT
and not an agent or employee of the CITY. CONSULTANT 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 CONSULTANT
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
r
consistent with the purposes of this Agreement. Such legal actions shall be filed and litigated in
5
® 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
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. 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.
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 Project Life Impact, Inc.
Community Services Department 468 W. 5`h Street, Suite 212
1350 South`B" Street San Bernardino, CA 92401
San Bernardino, CA 92408 (909) 388-1700 Fax (909) 388-2300
(909)384-5160 Fax(909)384-5160
7
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_, 2010 December_ 2010
City of San Bernardino Project Life Impact, Inc.
By: By:
Charles E. McNeely, City Manager Willie C Ulibarri, Jr, CEO/President
Approved as to Form:
James F. Penman, City Attorney
By:
8