Loading...
HomeMy WebLinkAbout05.M- Parks, Recreation & Community Services RESOLUTION (ID#2686) DOC ID: 2686 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Mickey Valdivia M/CC Meeting Date: 10/07/2013 Prepared by: Harriet Myers, (909) 384-5233 Dept: Parks, Recreation& Community Ward(s): 6 Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the City Manager's Execution of an Annual Services Agreement Between the City of San Bernardino and the Boys & Girls Club of San Bernardino, Inc. ("Agreement") to Provide Services at the Delmann Heights Community Center for the Period of July 1, 2012 through June 30, 2013; Authorizing the City Manager to Execute a First Amendment to the Agreement Extending the Term of the Agreement through October 31, 2013; and Ratifying All Actions Taken Pursuant to the Agreement Between July 1, 2012 and Adoption of This Resolution. (#2686) Current Business Registration Certificate: No Financial Impact: The total cost to provide funding to the Boys & Girls Club in Agreement Period FY2012-2013 was $85,860 of service at $7,155 per month. A balance of$28,620 only is still owed to the Club for their execution of the Letter of Agreement for services for the period July 1, 2013 through October 31, 2013. Account No.: 001-380-5502-0000-0074 Budgeted Amount: $99,900 Balance as of 10/l/2013: $65,735 Balance after Approval of Item: $0 (Balance in the account will be incorporated into the FY2013-2014 Budget Allocation process Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 3-7-2011 - Mayor and Common Council approved Resolution No. 2011-49 to cancel the Services Agreement approved on November 1, 2010 and approve a new annual Services Agreement between the City of San Bernardino and the Boys & Girls Club of San Bernardino, Inc. to provide community services at the Delmann Heights Community Center. 11-1-2010 - Mayor and Common Council approved Resolution 2010-367 to execute an annual Services Agreement between the City of San Bernardino and Boys & Girls Club of San Bernardino, Inc., to operate a community center located at 2969 North Flores Street, San Bernardino, CA. Background: Updated: 10/3/2013 by Georgeann"Gigi"Hanna Packet Pg.299' 2686 The first Services Agreement with the Boys & Girls Club of San Bernardino, Inc. (the "Club") Zelated to the Delmann Heights Community Center was initiated on August 1, 2004 to provide community services to the neighborhood. The Parks, Recreation and Community Services Department has operated the Delmann Heights Community Center since 1968. The last Center Manager, Andy Brown, retired after 32 years of dedicated City service in December 2003 at a time when the City was experiencing some financial constraints. For many decades the Boys & Girls Club has provided enrichment, mentoring, recreation, and sports programs to the west side youth of San Bernardino, and it became prudent for the City to contract with the Club to provide the same at the Delmann Heights Community Center. Several annual and multi-year Service Agreements have been approved by the Mayor and Common Council since this time. The 2010-2011 Service Agreement was canceled and replaced with a new Agreement in March 2011. As a result, a new annual/multi-year option Services Agreement was mutually established and approved to better reflect updated hours of operation and programming adjustments. The rate of payment for services remained at $7,155 per month or $85,860 per year with three optional single year renewals upon mutual consent. When the City of San Bernardino filed for bankruptcy protection in July 2012 as a result of a nation-wide mortgage crisis, high unemployment, diminishing local revenue resources, a lack of reserve funds, high cost of public employee pensions, and the State of California's elimination of redevelopment funding, the City was in a position of financial emergency. There was little or no cash flow to ensure the city-wide payroll could be met, despite the exodus of several hundred employees. The Department recommended at the time to discontinue the services and payments `o the Boys & Girls Club at the Delmann Heights location as part of its contribution toward the City's Pre-Pendency Plan. A new agreement was signed by the then-Interim City Manager on August 28, 2012 to continue services at the Delmann Heights Community Center through June 30, 2013, but never ratified by the Mayor and Common Council. The Boys & Girls Club continued to provide compensated services to the Delmann Heights community during the period July 1, 2013 through the present, services that were trimmed back, at the Delmann Heights Center without the formal written mutual consent of the City. The City continued to make service payments, though not timely, through June 2013. After ratification of the agreement, the Department recommends approval of an amendment to the agreement extending the term of the contract to October 31, 2013. Lastly, the Department requests ratification of all actions taken between July 1, 2012 and passage of this Resolution. The Agreement will terminate October 31, 2013, at which time the Department will reallocate resources and resume service programming at the Delmann Heights Community Center. This action will have no effect upon the Club's use of facilities at the 9th Street location. City Attorney Review: Supporting Documents: reso 2686 (PDF) Exhibit A Agreement (PDF) Exhibit B First Amendment to Agreement (PDF) Updated: 10/3/2013 by Georgeann"Gigi"Hanna Packet Pg.300' 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE CITY MANAGER'S EXECUTION OF AN 3 ANNUAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO 4 AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO, INC. ("AGREEMENT") TO PROVIDE SERVICES AT THE DELMANN HEIGHTS COMMUNITY CENTER 5 FOR THE PERIOD OF JULY 1, 2012 THROUGH JUNE 30, 2013; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE 6 AGREEMENT EXTENDING THE TERM OF THE AGREEMENT THROUGH 'o 7 OCTOBER 31, 2013; AND RATIFYING ALL ACTIONS TAKEN PURSUANT TO a THE AGREEMENT BETWEEN JULY 1, 2012 AND ADOPTION OF THIS a 8 RESOLUTION. m r 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 0 10 ° a CITY OF SAN BERNARDINO AS FOLLOWS: 11 F SECTION 1: The Mayor and Common Council hereby ratifies the City Manager's m 12 13 execution of an annual services agreement between the City of San Bernardino and the Boys c 14 & Girls Club of San Bernardino, Inc. ("Agreement") for services at the Delmann Heights 15 Community Center for the period of July 1, 2012 through June 30, 2013, attached hereto as 0 16 06 Exhibit "A," and incorporated by reference as though fully set forth at length. m 17 18 SECTION 2: The Mayor and Common Council hereby authorizes the City Manager co N 19 to execute a first amendment to the agreement with the Boys & Girls Club of San W 0 20 Bernardino, Inc. to extend the term of the Agreement through October 31, 2013, attached a 21 hereto as Exhibit "B," and incorporated by reference as though fully set forth at length. E 22 23 SECTION 3: The Mayor and Common Council hereby ratifies all actions taken a 24 pursuant to the Agreement between July 1, 2012 and the adoption of this Resolution. 25 SECTION 4: The authority granted by this Resolution shall expire and be void and 26 of no further effect if the Memorandum of Understanding is not executed by both parties 27 28 within ninety (90) days of passage of this Resolution. Packet Pa.301 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE CITY MANAGER'S EXECUTION OF AN 2 ANNUAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO, INC. ("AGREEMENT") 3 TO PROVIDE SERVICES AT THE DELMANN HEIGHTS COMMUNITY CENTER 4 FOR THE PERIOD OF JULY 1, 2012 THROUGH JUNE 30, 2013; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE 5 AGREEMENT EXTENDING THE TERM OF THE AGREEMENT THROUGH OCTOBER 31, 2013; AND RATIFYING ALL ACTIONS TAKEN PURSUANT TO 6 THE AGREEMENT BETWEEN JULY 1, 2012 AND ADOPTION OF THIS o 7 RESOLUTION. a 0. a 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 9 and Common Council of the City of San Bernardino at a meeting c0 0 10 thereof, held on the day of , 2013, by the following vote,to wit: 11 F Council Members: AYES NAYS ABSTAIN ABSENT m 12 MARQUEZ, 4- 13 0 14 JENKINS U) 15 VALDIVIA ` i� 16 SHORETT 17 0 m KELLEY �o 18 °°to N 19 JOHNSON 00 co 20 MCCAMMACK o 21 22 E Georgeann Hanna, City Clerk 23 The foregoing resolution is hereby approved this day of ,2013. 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to form: 27 JAMES F. PENMAN, City Attorney 28 By IPacket Pg.302' t l f j C CITY OF SAN BERN ARDINO BOYS AND GIRLS CLUB OF SAN BERNARDINO INC. SERVICES AGREEMENT This Services Agreement is entered into this day of , 2012,by and between Boys&Girls Club of San Bernardino, Inc. ("CONTRACTOR')and the City of San 0 Bernardino("CITY"or"San Bernardino"). a a w WITNESSETH: o r 0 WHEREAS,the CITY has provided vital social,recreational and community services to U 0 Ward 6 residents for 40 years at the Delmann Heights Community Care Center;and L WHEREAS, the CITY desires to continue and expand social, recreational and 00 c community services to Ward 6 residents;and m 0 WHEREAS, CONTRACTOR has demonstrated experience in the management and operation of social, recreational and community services to the citizens of San Bernardino, in L particular Ward 6 residents;and �. 0 m WHEREAS, the CITY desires to retain the services of CONTRACTOR for the purpose N of management and operation of social, recreational and community services at Delmana Heights Community Center. a L NOW,THEREFORE,the parties hereto agree as follows: a a _ w 1. SCOPE OF SERVICES. r X W CONTRACTOR shall, perform and carry out in a good and professional manner the following E services: w a A. Operate the Delmann Heights Community Center Monday through Friday, 9 am to 6 pm, and select Saturday for special programming, exclusive of the holidays on which City 1 Packet Pg.303 i . Hall is closed. B. Plan and implement youth, teen and family programs. The Center's operating days and hours are Monday through Friday, 9 am to 6 pm, and select Saturdays for special programming, July 21 through September 8, 2011. Beginning September 10, 2011 0 L operating hours shall be Monday- through Friday, 9 am to 7 pm. This schedule is a r exclusive of city observed holidays. Special programming will include tutoring, life 0 skills development, conflict resolution, sports and other general recreation activities. A 0 _ minimum of six(6)different youth/teen activities per week shall be offered in this regard. L C. Plan,and implement all annual events to-include(or recommend a substitute event): 00 _ ® Halloween Carnival—in.October o •: Annual Spring Egg Hunt—Prior to Easter Sunday N ,, . . Winter Holida y Party-in December ; 06 N • Del Fest—in September o ca co • Additional Special Events: Plan and conduct two (2) additional annual events of N CONTRACTOR'S choosing. Provide an event calendar outlining each event date E and name,proposed activities and clients to be served. Q D. Park Facilities including the track, field, basketball courts and baseball field will be a available for use by the CONTRACTOR for no cost when not in use by the CITY, w CONTRACTOR 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 CONTRACTOR.upon request. E. Pool Operation: Program Responsibilities will include, but are not limited to: 2 Packet Pg.304 i t • Staff recruitment, training and scheduling sufficient to satisfy CONTRACTOR's obligations under this Agreement. Staff shall include sufficient certified lifeguards to enable constant surveillance of the pool area and to assure the safety of the users; CONTRACTOR shall assure that all lifeguards' certificates are c L current. a r • All staff working directly with children'shall submit to and pass a "Live Scan" 0 background check. o �a • Daily custodial upkeep of the restrooins and showers/changing rooms to ensure a L d clean condition and in good repair. m m U • Recording and`maintenance of a daily log of disinfectant residual, chemical pH and maintenance procedures such as`cleaning of filters and quantity of chemicals N used,as required by Couzity'Environmental Health Services. L xs " N • Provision/purchase.and maintenance of, appropriate aquatics equipment (rescue m° and safety equipment,umbrellas,equipment bags,cashiering items,first aid kit). o • Development and utilization of a system for entry/exit of patrons and related fee d E collection and deposit procedures. This procedure shall be shared with the City a representative no later than two weeks prior to summer pool opening date. a • Develop and train staff thoroughly in a Critical Incident Response procedure. The w pool operation will include at a minimum,recreation swim open to the public,one session each day,Monday through Saturday, 12 pm—7 pm, from June 25 though r a August 25 of each year. CONTRACTOR shall comply with all posted pool rules and all applicable State, County and City statutes, ordinances and regulations 3 Packet Pg. 305 concerning public pool operations. CONTRACTOR shall conduct the following routine and on-going maintenance tasks: ® Clean pool deck on a daily basis • Check empty filter baskets for the main pool circulation pump every other day o • Clean pool skimmer baskets daily a • Maintain water level at the level of the skimmers at all times 0 Remove floating scum, sputum,trash and debris o C CONTRACTOR shall immediately contact the Parks, Recreation and Community d Services Department for concerns requiring City staff attention. • Maintain and place out all .required safety signs'on the pool deck during times of t operation to the general public(at minimum: pool rules,CPR sign,pool capacity, ' L emergency response number=9-1-1). c6 tl1 • Walls,ceilings,partitions, doors,lockers and similar surfaces and equipment shall be kept clean and clear of graffiti in a manner acceptable to the City as often as o necessary to be kept in a good condition. E Toilets, urinals, showers, wash basins, and other plumbing fixtures shall be Q maintained in a clean condition. a CONTRACTOR shall conduct a daily morning preventative maintenance walk- w through during pool season to ensure a clean and safe operation and record results on a Daily Maintenance Checklist,as provided by the CITY. a F. Additional Programs/Hours of Operation The CONTRACTOR may desire to create additional activities and programs at the 4, Packet Pg.306 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 CONTRACTOR and approved in writing by CITY in advance. G. CONTRACTOR shall provide the CITY information for the seasonal Activity Guide four o L cL times annually, respectively on April 23rd (Summer period), July .15th (Fall period), a October 24th (Winter period),and February I"(Spring period). L 0 H. The City's liaison will meet with the CONTRACTOR.and Dehnann Heights office staff. o _ each month. L I. .CONTRACTOR and CITY shall prepare an annual programming and supervision budget m for the,upcoming fiscal year (July 1 —Jwie,39) for operation of the Center no later than o June 1St of the preceding year. The CITY agrees,to share in the cost of the Delmann � L Heights Community Center program in the amount of$7,155.00 per,month and not to exceed $85,860.00 annually, payable by the l0fl' of each month preceding the month of :' o m service to be provided. The fee for services will cover all basic expenses incurred by the co N CONTRACTOR under this Agreement. No other expenditures made by c a� E CONTRACTOR shall be reimbursed by CITY without the prior written approval of the Q CITY. CONTRACTOR shall provide the CITY with a monthly report of services Q r provided and number of persons served as noted herein in Section 2. X W 2. RECORDS AND INSPECTIONS. E CONTRACTOR shall maintain full and accurate records with respect to all matters covered w a under this agreement. CONTRACTOR shall provide to CITY a monthly report of services provided and number of persons served by the third business day of each month. 5 Packet Pg.307 3. TERM; TERMINATION. The term;of this Agreement is from July 1,2011 through June 30,2012,with option of three (3) single year extensions upon mutual consent of the CITY and CONTRACTOR. Either party may terminate this Agreement at any time by thirty (30) days' written notice. The terms of this- 0 L Agreement shall remain in force unless mutually amended in.writing. . a 4. IND MNITI 0 - w L 0 CITY agrees to indemnify and hold harmless CONTRACTOR, its employees; officers, agents o c and volunteers from any and all claims,actions,or losses,damages and/or liability resulting from E CITY'S negligent acts or omissions arising from the CITY'S performance of its obligations m under this Agreement.? CONTRACTOR agrees to indemnify and hold harmless CITY, its U) employees, officers, agents, and volunteers from any,arid all claims, actions, or lossesdamages �:. :. o and/or liability resulting.from CONTRACTOR'S negligent acts or omissions arising-fram-the' CONTRACTOR's performance of its obligations under this Agreement. In the event t1W CITY U) r and/or CONTRACTOR is found to be comparatively at fault for any claim, action, lass, or 06 damage which results from.their-respective obligations under the Agreement, CITY 'and/or : m CONTRACTOR shall indemnify the other to the extent of this comparative fault. The costs, 0 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. _.. E 5. INSURANCE. L a While not restricting or limiting the foregoing, during the term of this Agreement, a CONTRACTOR shall maintain in effect policies of comprehensive public, general and s X automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and w statutory worker's compensation coverage as required by law, and shall file copies of said E policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. w CITY shall be set forth as an additional named insured in each policy of insurance provided a hereunder. The Certificates of Insurance furnished to the CITY shall require the insurer to !ll 6 Packet Pg.308 provide to CITY at least thirty(3 0)days written notice in advance of any change in coverage or termination of the policy. S. NON-DISCRI IINATION. In 'the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not engage > gag in, nor permit its officers, employees or agents to engage in, o discrimination in the employment of persons because of their race, religion,.color;'national a ;. origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual L r gender or sexual orientation,or membership in any other classification protected by law, v 7. INDEPENDENT CONTRACTOR: c° CONTRACTOR shall perform work tasks provided by,*SL Agreement but for all intents and purposes CONTRACTOR and its agents or.eYnployees shall:be an independent CONTRACTOR >4 ., W and no t an agent or einployee of the CITY. CONTRACTOR shall secure, at its experise,:,ataid be,, .0 3 • V responsible for any and all payment of Income Tax, Social Security, State Disability,Insurance-'>; < ;'., U) V . ;Compensation,Unemployment'Compensation,.and other payroll deductions for CONTR:t�CTOR •�� W and its `officers, agents, `and employees, and all business license, if any are require m connection with the services to be performed hereunder. co r ASSIGNMENT OR SUBCONTRACTING. E d CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or a encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's a prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be w void and shall constitute a breach of this Agreement and cause for the termination of this E V Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR a of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 7 Packet Pg. 309 9. LEGAL ACTIONS;GOVERNING LA'W 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 a p the County of San Bernardino;:California. The .laws of:the t a Sate Hof a California shall govern the interpretation and enforcement of this Agreement. c 0 10. ATTORINEYS' FEES c c 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.expensm, ., . m a including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its. o rights or,remedies hereunder or the enforcement of,any of the terms, conditions or, ions hereof The costs, salary and expenses of the City Attorney Land members of his -office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys';fees"•for-the!. m purposes of this paragraph. co co v 11. SUCCESSORS AND ASSIGNS. _ E This Agreement shall be binding on and inure to the benefit of the parties to this L t a Agreement and their respective heirs,representatives, successors, and assigns. w :E 12. ENTIRE AGREEMENT. w This Agreement and any documents or instruments attached hereto or referred to herein integrate E all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations w a 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 g Packet Pg.310 „.. 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 0 L ..-enforceability of the:remaining terms and provisions hereof or of the offending provision-, `any Q other circumstance,and the remaining provisions of the Agreement shall remain in full force and r 0 effect. U 0 14. REMEDIESIWAIVER.. T c : All remedies available to either„party for one or more breaches by the other party are and-shalLbe a; m co deemed cumulative and may he exercised separately or concurrently without waiver of any othex- <J o . remedies.The failure of either party to act in the event of a breach of this Agreement bythe other .cwt. shall not be deemed a waiver of such breach or a waiver of future breaches,unless suchv.aive t f:: , xs };:.shall be in writing and signed by.the party against whom enforcement is sought. o ., m to 15. NO'T'ICES. co N Any notices to be givers pursuant to this Agreement shall be deposited with the United States d E Postal Service,postage prepaid and addressed as follows: a TO THE CITY: TO THE CONTRACTOR: Q w Parks, Recreation and Boys&Girls Club of San Bernardino,Inc. X w Community Services Department 1180 W.9,Street 1350 South"E”Street San Bernardino,CA 92411 0 San Bernardino,CA 92408 (909)888-6751 Fax(909) 888-1474 (909)384-5233 Fax(909)384-5160 Q 9 Packet Pg.311 CITY OF SAN BERNARDINO BOYS AND GIRLS CLUB OF SAN BERNARDINO INC. SERVICES AGREEMENT IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day 0 and date set forth below._: 0 _ L _ ..+ � 0 Date: �� ° Date: � 0 c City of San Bernardino Boys& G' Is Club of San Bernardino,Inc. L m By: By Gad ' ,.,.•;, o Andrea Travis-Miller, Interim City Manager cutive Director Approved as to Faun: :5' James F. Penman,City Attorney : .f .:... y to By: � 21 w E L Q Q . .Q x w m E �a Q 10 Packet Pg. 312 CITY OF SAN BERNARDINO BOYS AND GIRLS CLUB OF SAN BERNAR.DINO INC. SERVICES AGREEMENT 0 This Services Agreement is entered into this__,__,__day of 2012,by and a o. u between.Boys&Girls Club of San Bernardino,Inc. ("CONTRACTOR")and the City of San c 0 Bernardino("CITY"or"San Bernardino'). U 0 : WITNESSETH: a L R WHEREAS,the CITY has provided vital social,recreational and community services to 00 c Ward 6 residents for 40 years at the Delmann Heights Community Care Center;and Cn 0 WHEREAS, the CITY desires to continue and expand social, recreationaz and 0 U community services to Ward 6 residents;and t� WHEREAS, CONTRACTOR. has demonstrated experience in the management and o m operation of social, recreational and community services to the citizens of San Bernardino; in 00 particular Ward 6 residents; and N c VMEREAS,the CITY desires to retain the services of CONTRACTOR for the purpose E d of management and operation of social, recreational and community services at De lmann a 0 Heights Community Center. E NOW,THEREFORE,the parties hereto agree as follows: c d E 1. SCOPE OF SERVICES. a N L CONTRACTOR shall,perform and carry out in a good and professional manner the following m services: Z t X W A. Operate the Dehmann Heights Community Center Monday through Friday, 9 am to 6 pm, C E and select Saturday for special programming, exclusive of the .holidays on which City a I Packet Pg:313 f t" Hall is closed. B. Plan and implement youth, teen and family programs. The Center's operating days and o hours are Monday through Friday, 9 am to 6 pm, and select Saturdays for speeial a a prong, July 21 through. September 8, 2011, Be ' Se L gunning September iQ, 2011 e o operating hours shall be Monday through Friday, 9 am to 7 pin. This schedule is U O c exclusive of city observed .holidays. Special programming will include tutoring, if d skills development, cozd7ict resolution, sports and other general recreation activities. A m in minimum of six(6)different youth/teen activities per week shall be offered in this regard: o . G.. Plan-and implement all annual events to.include(or recommend a substitute event): U N Halloween Carnival—in.October. ca : . •. Annual Spring F.gg Hunt—Prior to Faster Sunday O m „. Winter Holiday Party y—in December 00 Del Fest—in September cm Q Additional Special Events: Plan and conduct two (2)additional annual events of d CONTRACTOR'S choosing. Provide an event a calendar outlining each event date 0 and name,proposed activities and clients to be served E a D. Park Facilities including the track, field, basketball courts and baseball field will be E available for use by the CONTRACTOR for no cost when not in use by the CITY, ¢ L M CONTRACTOR 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 w CONTRACTOR upon request. E E. Pool Operation. Program Responsibilities will include,but are not limited to, AWN ¢ � 2 Packet Pg.314 • Staff recruitment, training and scheduling sufficient to satisfy CONTRACTOR's obligations under this Agreement. Staff shall include sufficient certified o lifeguards to enable constant surveillance of the pool area and to assure the safety a CL a of the users; CONTRACTOR shall assure that all lifeguards' certificates are c 0 Current. U • All staff working directly with children shall submit to and pass a "Live Scan" c L background check. m c Daily custodial upkeep of the restrooins and showers/changing roorrzs to ensure a co • w 0 clean condition and in good repair. _ N $ Recording and maintenance`of a daily log of disinfectant residual, chemical pH t� and maintenance procedures such as'cleaning of filters and quantity of chemicals m used,as required by Couiity'Environrtkental.Hxclth Services. � to ® Pk Provision/purchase and maintenance of Pp p a ro riate aquatics equipment {rescue and safety equipment,umbrellas,equipment bags,cashiering items,first aid kit). d Q + Development and utilization of a system for entry/exit of patrons and related fee 0 collection and deposit procedures. This procedure shall be shared with the City E representative no later than two weeks prior to summer pool opening date. E E Q • Develop and train staff thoroughly in a Critical Incident Response procedure. The U. pool operation will include at a minimum,recreation swim open to the public,one m session each day,Monday through Saturday, 12 pm—7 pm, from June 25 though w August 25 of each year. CONTRACTOR shall comply with all pasted pool rules d s and all a li � cahle State, . PP County and City statutes, ordinances and regulations 3 Packet Pg.- 315 concerning public pool operations. CONTRACTOR shall conduct the following routine and on-going maintenance tasks: 0 L • Clean pool deck on a daily basis C V • Check empty filter baskets for the maul pool circulation pump every other day 0 Clean pool skimmer baskets daily U • o • R Maintain water level at the level of the skimmers at all times � L Remove floating scum,sputum,trash and debris m c m CONTRACTOR shall imme&tely contact the'Parks, Recreation and Community c Services Department for concerns requiring City staff attention. • Maintain and place out all required.safety signs,on the pool deck during times of 1 � as o p eration to the geti6ral public(at minimum:.pool rules,CPR si gn,pool capacity, m° emergency response number=9-1-1), 00 N Walls,ceilings,partitions,doors,lockers and similar surfaces and equipmeiit shall be kept clean and clear of graffiti in a manner acceptable to the City as often as d i necessary to be kept in a good condition. a 0 • Toilets, urinals, showers, wash basins, and other plumbing fixtures shall be E a maintained in a clean condition. a CONTRACTOR shall conduct a daily morning preventative maintenance walk- L LL through during pool season to ensure a clean and safe operation and record results on m a Daily Maintenance Checklist,as provided by the CITY. w F. Additional Progmms/Hours of Operation E The CONTRACTOR may desire to create additional activities and programs at the w C) Q 4 Packet Pg.316 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 o L writing by CONTRACTOR and approved in writing by CITY in advance. G. CONTRACTOR shall provide the CITY information for the seasonal Activity Guide four c 0 times annually, respectively on April 23rd (Summer period), July .15`h (Fall eriod o P )} _ October 241ll(Winter period),and February 1St(Spring period). _ L H. The City's liaison will meet with the CONTRACTOR and Dehnann Heights office staff m 0 .each month. Cn J. CONTRACTOR and CITY shall prepare an annual programming and supervision budget v for the.upcoming fiscal year.(July l —Jume;30) for operation of the Center no later than ,dune •1 S` ©f the preceding year. The CITY agrees.to share in the cost of#lie Delmann o m .Heights Community Center program in the amount of$7,155.00 per:month and not to 0 exceed $85,860.40 annually, payable..by the ld ' of each month preceding the month of c service to be provided. The fee for services will cover all basic expenses incurred by the Q L CONTRACTOR under this Agreement. No other expenditures made by o CONTRACTOR shall be reimbursed by CITY without the prior written approval of the E CITY. CONTRACTOR shall provide the CITY with a monthly report of services � a� E provided and number of persons served as noted herein in Section 2. a L 2. RECORDS AND INSPECTIONS. m r CONTRACTOR shall maintain full and accurate records with respect to all matters covered x W under this agreement. CONTRACTOR shall provide to CITY a monthly report of services d E provided and number of persons served by the third business day of each month. o r a S Packet Pg:317 3. TERM; TERMINATION. The term of this Agreement is from July 1,2011 through June 30,2012,with option of three(3) o sa single year extensions upon mutual consent of the CITY and CONTRACTOR. Either party may a a �Y (30):days'Y terminate this Agreement at any time by s' written notice. The terms of thin c 0 Agreement shall remain.in force unless mutually amended in.writing. U 0 c 4. INIDEAMTY. I c CITY agrees to indemnify and hold harmless CONTRACTORS its employees; officers, agents m and volunteers from any and all claims,actions,or losses,damages and/or liability resulting from o CITY'S negligent acts or omissions arising from the CITY'S performance of its obligations under this Agreement. 'CONTRACTOR agrees to indemnify and hold harmless CIT. Y, its employees, officers, agents, and volunteers from any grid all claims,actions, or losses,!,damages ::...;., and/or liability resulting.from CONTRACTOR'S negligent acts or omissions arising`from the. CONTRACTOR's performance of its obligations under this Agreement. In the event'tliat CITY` to m and/or CONT1tACTQR is found to be comparatively at faulf"for any claim, actiondoss; or o N damage which results from,their,respective obligations under the Agreement, CTI'Y, and/or _ CONTRACTOR shall indemnify the other to the extent of this comparative fault, The casts, 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. o -. Y 5. INSURANCE. c d E M While not restricting or limiting the foregoing, during the term of this A a greement, E CONTRACTOR shall maintain in effect policies of comprehensive public, general and r automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and Um statutory worker's compensation coverage as required by law, and shall file copies of said m policies with the CITY'S Risk Manager prior to undertaldag any work under this Agreement. w CITY shall be set forth as an additional named insured in each policy of insurance provided c hereunder. The Certificates of Insurance furnished to the CITY shall require the insurer to E Ce r Q 6 Packet Pg. 318 provide to CITY at least thirty(30)days' written notice in advance of any change in coverage or termination ofthe policy. 6. NON-DISCRIlVIINATION. ° CL a Q In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not engage in, nor permit its officers, employees or agents to e a en gg o :discrimination in the employment of persons because of their race, religion,color,'national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual a gender or sexual orientation,or membership in any other classification protected by law. 7. INDEPENDENT CONTRACTOR. m CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and ° .: purposes CONTRACTOR and its agents ar.employees shali:be an independent CONTRACTOR N , L aria not aii'agent or employee of the CITY. CONTRACTOR shall secure, at its expense;•aM lje ;responsible for any and all paymeAt of Income Tax, Social.Security, State DisabilityInsurarice ° Gompensation,Unemployment Compensation,:and other:payroll deductions for CONTRACTOR M it its officers; agents;°arid employees, abd all business license, if any are required; in E connection with the services to be performed hereunder. d ."L'$:..-. ASSIGNMENT OR SUBCONTRACTING. a 0 CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or E encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY'S Q prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be L O- void and shall constitute a breach of this Agreement and cause for the termination of this m Agreement, Regardless of CITY's consent,no subletting or assignment shall release VENDOR w r of VENDOR's obligation to perform all other obligations to be performed by VENDOR E hereunder for the term of this Agreement. a II a 7 Packet Pg_319 s. LEGAL ACTIONS;GOVERNING LAW; 'VENUE. In addition to any other rights or remedies, either party may institute legal action to cure,correct o a or remedy any default, to recover damages for any default, or to obtain any other remedy Q consistent with the a purposes of this Agreement. Such legal actions shall be filed and litigated in 0 Jhe Superior Court of the County of San Bernardino;.California. lie laws of:the State.of o 0 California shall govern the interpretation and enforcement of this Agreement. F 10. ATTOMNEYS,FEES co N In the event that litigation is brought by any party in connection with this Agreement,=tie o prevailing � p g party.shall be entitled to recover from the opposing party all costs and-expenses, N including reasonable attorneys' fees, incurred b the prevailing y P , g.party in the exercise of hny:of its 0s rights or remedies hereunder or the enforcement of any of the terms, carzditions or.provisions o hereof. The costs, salary and expenses of the City Attorney and members of his,office irr CD co co enforcitxg this A.greement,on behalf of the CITY shall be considered as "attorneys'fees?'.for the:. purposes of this paragraph. E 11. SUCCESSORS AND.ASSIGNS. a 0 This Agreement shall be binding on and inure to the benefit of the parties to this _ 0 E Agreement and their respective heirs,representatives,successors,and assigns. E 12. ENTIRE AGREEMENT. a N U. This Agreement and any documents or instruments attached hereto or referred to herein integrate 00 all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations X X w and prior writings in respect to the subject matter hereof In the event of conflict between the E terms, conditions or provisions of this Agreement and any such document or instrument, th e a w 8 Packet Pg.320 terms and conditions of this Agreement shall prevail. 13. SEVERABILITY. 0 L Q If any provision of this Agreement is determined by a court of competent jurisdiction to be a w -invalid or unenforceable for any reason, such determination shall not affect the validity or c 0 enfoxceability:of the remaining-terms and provisions hereof or of the offending provision.in'any.:-: -I� j ;is o _ other circumstance,and the remaining provisions of the Agreement shall remain in full force and L effect. m _ MCEDIESMAIVER.. 14. RE o All remedies available to either,party for one or more breaches by the other party are and shall:be v ' N deemed cumulative and may:be exercised separately.or concurrently without waiver of any otherr 06 -remedies.The failure of either party to act in the event of a breach of this Agreement bythe:other 0 = m shall not be deemed a waiver of such breach or.a waiver of future breaches, unless such:warner co ' .:.shall be in writing and signed by.the party against whom:enforcement is sought. V d 15. NOTICES. L Any notices to be given pursuant to this Agreement shall be deposited with the United States o Postal Service,postage prepaid and addressed as follows: E I � TO THE CITY: TO THE CONTRACTOR: a Parks,Recreation and Boys&Girls Club of San Bernardino,Inc, Community Services Department 1180 W.9"Street LL 1350 South`B"Street San Bernardino,CA 92411 m San Bernardino,CA 92408 (909) 888-6751 Fax(909)888-1474 :2 (909)384-52,33 Fax(909)384-5160 M w w r Q 9 Packet Pg;321 CITY OF SAN BERNARDINO BOYS AND GIRLS CUTS OF SAN BERNA.RDItNO INC. SERVICES AGREEMENT > 0 L CL a Q IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day = 0 f and•date set forth below. v o . c L L Date: A "'_� Z l Date: _ Cn �a City of San Bernardino Boys&G' Is Club of San Bernardino;Vic: o 0 Andrea Travis-Miller, Interim City Manager A, x cutive i3irector:. °e ' N A O m Approved as to Form. . James F.Penman,City Attorney N E P d ,-yam a Q w L LL M W i+ t X W M.+ c(D G V W Q 10 Packet Pg. 322 5.M.c FIRST AMENDMENT TO 1 CITY OF SAN BERNARDINO 2 BOYS & GIRLS CLUB OF SAN BENRARDINO INC. SERVICES AGREEMENT 3 c This First Amendment(the"First Amendment")to the Services Agreement, originally CL 4 C 5 entered into on August 28, 2012 (the"Service Agreement"), is hereby entered into this i c 0 6 day of 2013 by and between the City of San Bernardino ("City") and Boys& v 0 7 Girls Club of San Bernardino, Inc. $ c L NOW,THEREFORE,the parties hereto agree to amend the Service Agreement as m 9 CU 0 follows: N 0 1 1 1. Section 3 of the Services Agreement is amended to read: N 12 "3. TERM; TERMINATION. 13 The term of this Agreement is from July 1, 2012 through October 31, 2013. Either party may terminate this Agreement at any time c 14 by thirty(30) days written notice. The terms of this Agreement shall remain in force unless mutually amended in writing." co 15 N 16 2. Except as set forth in this First Amendment, all other terms of the Service 17 18 Agreement shall continue in full force and effect. Q 0 19 d 20 E 21 Q 22 L HI U- 23 24 K W 25 a� E 26 HI r 27 2$ Packet Pg. 323 FIRST AMENDMENT TO 1 CITY OF SAN BERNARDINO 2 BOYS & GIRLS CLUB OF SAN BENRARDINO INC. SERVICES AGREEMENT 3 0 IN WITNESS THEREOF,the parties hereto have executed this First Amendment to the a 4 Q 5 Agreement on the day and date set forth above. c 6 0 U 7 CITY OF SAN BERNARDINO °c L 8 i d m 9 Allen J. Parker,City Manager Cn 10 4- 0 1 BOYS & GIRLS CLUB OF SAN BERNARDINO, INC. L 12 13 N 0 '4 A. Majadi, Executive Director 0° to 15 Approved as to form: N 16 JAMES F. PENMAN, City Attorney c a� 17 E By: 18 a 0 w 19 = m 20 c d 21 E Q 22 i LL 23 m r 24 k w 25 c d E 26 s U t0 r+ 27 Q 28 Packet Pg.324