HomeMy WebLinkAbout05.Q- Parks, Receration & Community Services RESOLUTION (ID #2807) DOC ID: 2807 D
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mickey Valdivia M/CC Meeting Date: 12/16/2013
Prepared by: Glenda Robinson, (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 Authorizing the
City Manager to Execute a Facility Lease Agreement with the El Sol Neighborhood Education
Center to Operate a Family Resource Center at Nicholson Community Center. (#2807)
Current Business Registration Certificate: Not Applicable
Financial Impact:
The proposed agreement will provide $3,600 in projected rental revenue for FY 2013/14 and
$7,200 annually thereafter. Accout#001-380-4901-0000
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
11-1-2010 - Mayor and Common Council authorized 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.
Background:
On November 1, 2010 the Mayor and Common Council approved a standard Facility
Lease Agreement between the City and with the County of San Bernardino, Preschool
Services Department (CSBPSD), to co-operatively utilize facilities at Nicholson
Community Center.
In this agreement, CSBPSD identified this site as a qualifying target location to expand
their existing Family Resource Center Programs in the County a federally funded
programming. In exchange for use, CSBPSD subsidized the operation of the Nicholson
facility through lease payments totaling $55,000 annually ($4,584 monthly) and
continuing regular recreational community center activities for FYI 0/11 with an option of
five single additional years. Abbreviated programming and services were reinstituted
with a commitment of internal service costs (building utilities and maintenance) from the
City totaling no more than $25,000 as projected by the city's Facilities Management
Department. The County had access to the Center Monday through Friday from 7:00 a.m.
to 10:00 p.m.. The City recreation component operated Monday through Thursday from
10:00 a.m. to 7 p.m.
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Updated: 12/11/2013 by Jolena E. Grider D racket Pg.304
2807
In order to maximize participation and community involvement, the County requested
that the City provide a recreation component at the facility similar to the level of
programming present before the April 2009 closure. Lease Payments covered the cost of
salaries, materials and supplies to co-operate the Nicholson Community Center by city
and county staff. The city assigned temporary personnel to operate the facility with the
County.
Due to County's many recent financial challenges the CSBPSD made the decision not to
renew the lease agreement. The Nicholson Community Center was closed for city
programming effective November 1, 2013. The closure has resulted in significant service
interruptions to the community. More specifically, traditional facility reservations,
contract classes and community programs have not been provided by recreation
employees to prepare the facility and deliver daily services.
In an effort to maintain programming and services at this site, on December 16, 2013, the
Department is proposing that the Mayor and Common Council approve a Facility Lease
Agreement between the City and with the El Sol Neighborhood Education Center
(ESNEC), to have exclusive use of classrooms and reception areas and shared use of
restrooms, kitchen and open area space beginning January 1, 2014 through December 31,
2014; Monday through Friday, 10:00 AM to 7:00 PM for community resources and youth
development programming with the option of five (5) one year renewals upon mutual
consent of both parties.
ESNEC would pay an annual lease fee of$7,200 and would also be solely responsible for
all utilities,maintenance, and janitorial costs during the term of use.
City Attorney Review:
Supporting Documents:
El Sol & CITY Facility Lease Agreement final (PDF)
reso 2807 (PDF)
agrmt 2807 (PDF)
El Sol Scope of Sevices - Attachment 1 (PDF)
El Sol & P&R Agrmt 11-4-13 (DOC)
Nicholson Floor Plan 10-22-13 (JPG)
Council Action Nicholson- El Sol 2013 (DOC)
Updated: 12/11/2013 by Jolena E.Grider D Packet Pg. 305
RESOLUTION NO.
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
FACILITY LEASE AGREEMENT WITH THE EL SOL NEIGHBORHOOD
5 EDUCATION CENTER TO OPERATE A FAMILY RESOURCE CENTER AT
6 NICHOLSON COMMUNITY CENTER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager is hereby authorized to execute a Lease d
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Agreement with the El Sol Neighborhood Education Center for the lease of the Nicholson Q
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12 Community Center to be used in part as a Family Resource Center, a copy of which is attached
13 hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
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14 length; and in
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SECTION 2. That the Director of Administrative Services is hereby authorized to
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amend the Fiscal Year 2013-2014 General Fund budget and increase the expenditure allocation o
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18 for the Parks Department line item budget; and. H
19 SECTION 3. That the authorization granted hereunder shall expire and be void and of
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no further effect if the agreement is not executed by both parties and returned to the office of a
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22 the City Clerk within sixty(60)days following the effective date of the resolution.
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Packet Pg.306`
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
2 FACILITY LEASE AGREEMENT WITH THE EL SOL NEIGHBORHOOD
3 EDUCATION CENTER TO OPERATE A FAMILY RESOURCE CENTER AT
NICHOLSON COMMUNITY CENTER.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on
7 the day of ,2013, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
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11 JENKINS
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12 VALDIVIA
13 SHORETT
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14 VACANT _�
15 W
JOHNSON o
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17 MULVIHILL o
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19 Georgeann Hanna, City Clerk
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20 The foregoing Resolution is hereby approved this day of , 2013.
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22
Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to form:
24 Gary D. Saenz,
25 City Attorney
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Packet Pg.307
CITY OF SAN BERNARDINO
EL SOL NEIGHBORHOOD EDUCATION CENTER
USE OF FACILITIES AGREEMENT
This Agreement, by and between El Sol Neighborhood Education Center ("EL SOL")
and the City of San Bernardino ("CITY"), provides for EL SOL's use of the Nicholson
Community Center ("CENTER") located at 2737 West 2"a Street, San Bernardino, CA
92410; owned by the CITY, in accordance with the following terms and conditions:
1. GENERAL:
El Sol shall have 2,310 sq. ft. of exclusive use of classrooms and reception areas
and 2,714 sq. ft. of shared use of restrooms, kitchen and open area space from i
January 1, 2014 through December 31, 2015; Monday through Friday, 10:00
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a.m. to 7:00 p.m. for community resources and youth development programming a
and selected Saturdays and Sundays for special events.
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11. TERM: o
The term of this agreement shall be for one (1) year commencing on January 1, w
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2014 and ending on December 31, 2014; with the option of five (5) one year N
renewals upon mutual consent of the parties. During the term of the Agreement,
El Sol is granted 2,310 sq. ft. of exclusive use of classrooms and reception areas w
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and 2,714 sq, ft. of shared use of restrooms, kitchen and open area space.
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Ill. USE OF CENTER:
A. CITY's Responsibilities: Q
1. Maintenance of Grounds: Routine/Recurring: provide weekly
landscape maintenance of Nicholson Park, including 2 inch height
mowing and edging (once per week), apply seed and fertilizer, and
repair damaged irrigation as needed.
2. Use of CENTER Building: CITY will allow EL SOL to use the
CENTER building, which includes 2,310 sq. ft. of exclusive use of
classrooms and reception areas and 2,714 sq. ft. of shared use of
1 Exhibit"A"
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restrooms,kitchen and open area space during the scheduled use as
described herein.
B. El Sot's Responsibilities:
1. Use of Facilities: EL SOL will use CENTER for community
resources and youth programming as set forth in the "Scope of
Services",herein attached as Attachment"I".
2. Maintenance of Facilities: EL SOL will keep the CENTER
building clean of trash throughout the duration of use. EL SOL will
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be solely responsible for all utilities, maintenance and janitorial E
costs during the term of use.
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3. Adherence to CITY Regulations: EL SOL will insure that all
patrons and staff adhere to CITY regulations at all times as set
forth in the municipal code. CITY reserves the right to close the
CENTER if requests for compliance with regulations are not met. "'
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4. Non-profit status: EL SOL is a registered not for profit 501(c) (3) U)
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organization in good standing with the California Franchise Tax ►-
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Board and the Federal Internal Revenue Service, and shall
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maintain such status throughout the term of this agreement. o
5. Public Access: EL SOL shall be permitted to charge fees for E
access to specialized programs and events with prior approval by
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IV. FEES & EL SOL's Reciprocal Services: Q
A. SCOPE OF SERVICES.
1. EL SOL staff and volunteers working directly with children shall
submit to and pass a"Live Scan"background check.
2. EL SOL shall, perform and carry out in a good and professional
manner the community services set forth in the "Scope of
2 Exhibit"A"
Services",herein attached as Attachment
3. EL SOL shall provide the CITY information for the seasonal
Activity Guide four times annually, respectively on April 23rd
(Summer period), July 15th (Fall period), October 24th (Winter
period),and February 1"(Spring period).
4. EL SOL shall pay the CITY a monthly rental fee $600 per month
on the first day of each month, commencing on January 1, 2014
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through December 31, 2014, for exclusive use of the two (2)
classrooms and reception areas (sq ft) and shared use of foyer,
multipurpose room, kitchen and restrooms (sq ft). Any and all -J
renovation plans and materials are subject to review and approval
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by CITY staff prior to construction commencing. )
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5. EL SOL will maintain all aspects of the interior and exterior of the
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CENTER building for EL SOL's exclusive use.
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V. RECORDS AND INSPECTIONS. r
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I EL SOL shall maintain full and accurate records with respect to all matters
covered under this agreement. EL SOL shall provide to CITY a monthly report of
services provided and number of persons served by the third business day of each
month. a
VI. EMPLOYMENT AND INDEPENDENT CONTRACTORS:
EL SOL, at its own expense, may employ or contract such persons, as the EL SOL
deems necessary to perform the services required of EL SOL by this agreement.
The EL SOL assumes full and sole responsibility for payment of all compensation
and expenses of these employees or independent contractors for all state and
federal income tax, Worker's Compensation unemployment insurance, Social
3 Exhibit"A"
Packet Pg. 310
Security, disability insurance, and other applicable withholdings. EL SOL agrees
to provide worker's compensation insurance for their own employees, volunteers
and agents and agrees to hold harmless and indemnify the CITY for any and all
claims arising out of any injury, disability, or death of any of the EL SOL's
employees or agents.
VII. COMPLIANCE WITH THE LAW; NON-DISCRIMINATION
EL SOL shall comply with all laws, orders, ordinances and other public
requirements now or hereafter pertaining to EL SOUS use of the CENTER.
CITY shall comply with all laws, orders, ordinances and other public
requirements now or hereafter affecting the CENTER.
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In the performance of this facilities use agreement, EL SOL shall not a en e in
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nor permit its officers, employees or agents to engage in, discrimination of w
persons because of their race, religion, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation,veteran status or any other status rotected b law.
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VII. INDEMNITY:
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EL SOL agrees to and shall indemnify and hold the CITY, its elected officials,
employees, agents or representatives, free and harmless from all claims, actions,
damages and liabilities of any kind and nature arising from bodily injury,
including death, or property damage, based or asserted upon any actual or alleged
act or omission of EL SOL, its employees, agents, or subcontractors, relating to or w
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in any way connected with the accomplishment of the work or performance of
services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the CITY, its elected officials,
employees, agents or representatives. As part of the foregoing indemnity, EL
SOL agrees to protect and defend at its own expense, including attorney's fees,
the CITY, its elected officials, employees, agents or representatives from any and
all legal actions based upon such actual or alleged acts or omissions. EL SOL
hereby waives any and all rights to any types of express or implied indemnity
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4 Exhibit"A"
Packet Pg.311
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against the CITY, its elected officials, employees, agents or representatives, with
respect to third party claims against the EL SOL relating to or in any way
connected with the accomplishment of the work or performance of services under
this Agreement.
VIII. INSURANCE:
While not restricting or limiting the foregoing, during the term of this Agreement,
EL SOL shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of $1,000,000, per occurrence E
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combined single limit, naming the City of San Bernardino, its departments,
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agencies, boards, commissions, elected officials, officers, attorneys, employees, N
and agents as additionally insured. A certificate of insurance evidencing such J
coverage shall be provided to the City's Risk Manager or his designee, with the
added notation that the insurance policy shall not be terminated or materially U.
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altered without thirty (30) days prior written notice to CITY. co
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IX. TERMINATION:
The CITY or EL SOL may terminate this Agreement for any reason,by giving the co
other party thirty(30) days advance written notice of termination. Should EL SOL E
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fail to faithfully perform all the terms and conditions of this Agreement,the CITY
may summarily terminate this Agreement by giving fourteen (14) working days' E
written notice of termination to EL SOL.
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X. 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
5 Exhibit "A"
Packet -9.312
this Agreement on behalf of the CITY shall be considered as "attorneys' fees"for
the purposes of this paragraph.
XI. ASSIGNMENT.
EL SOL shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the EL SOL'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
sub-letting or assignment shall release EL SOL of EL SOL's obligation to E
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perform all other obligations to be performed by El Sol hereunder for the term of �►
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this Agreement. N
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XII. VENUE. w
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The parties hereto agree that all actions or proceedings arising in connection with Z
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this Agreement shall be tried and litigated either in the State courts located in the w
County of San Bernardino, State of California or the U.S. District Court for the o
Central District of California, Riverside Division. The aforementioned choice of
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venue is intended by the parties to be mandatory and not permissive in nature. co
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XIII. GOVERNING LAW. M
This Agreement shall be governed by the laws of the State of California. E
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XIV. SUCCESSORS AND ASSIGNS. a
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.
XV. HEADINGS.
The subject headings of the sections of this Agreement are included for the
purposes of convenience only and shall not affect the construction or the
interpretation of any of its provisions.
6 Exhibit"A"
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XVI. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
XVII. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party a
are and shall be deemed cumulative and may be exercised separately or N
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
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in writing and signed by the party against whom enforcement is sought. w
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XVIII.AMENDMENTS TO THE AGREEMENT N
This Agreement may only be changed by written amendment signed by N
authorized officials of CITY and EL SOL. No oral agreements shall be binding E
or of any effect on either party.
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XIX.NOTICE
Any notice required or permitted under this facilities use agreement shall be a
deemed sufficiently given or served if sent by United States certified mail, return
receipt requested, addressed as follows:
IF TO EL SOL: IF TO CITY:
El Sol Neighborhood Education Center City of San Bernardino
P.O. Box 449 Parks,Recreation and
San Bernardino, CA 92402 Community Services Department
201North "E"Street, Ste.301
San Bernardino, CA 92408
7 Exhibit"A"
Packet Pg.314
XX. AMERICANS WITH DISABILITIES ACT
In the event that as a result of EL SOUS use, or intended use, of the CENTER
the Americans with Disabilities Act or any similar law requires modifications
or the construction of improvement in or to the CENTER or Property, the
Parties agree that such modifications, construction or improvements shall be
made at EL SOUS expense.
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XXI. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between
the parties, and supersedes any prior agreements and understandings relating to J
the subject matter of this Agreement. This Agreement may be modified or
amended only by a written instrument executed by all parties to this Agreement. It ,i
is not the intent of the Parties that any rights in third parties be created by the Cn
terms and conditions agreed to herein. w
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CITY OF SAN BERNARDINO
EL SOL NEIGHBORHOOD EDUCATION CENTER
USE OF FACILITIES AGREEMENT
IN WITNESS THEREOF, CITY AND EL SOL HAVE CAREFULLY READ AND
REVIEWED THIS FACILITIES USE AGREEMENT AND EACH TERM AND
PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS
FACILITIES USE AGREEMENT SHOW THEIR INFORMED AND VOLUNTARY
CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME
THIS FACILITIES USE AGREEMENT IS EXECUTED, THE TERMS OF THIS
FACILITIES USE AGREEMENT ARE COMMERCIALLY REASONABLE AND
EFFECTUATE THE INTENT AND PURPOSE OF THE CITY AND EL SOL WITH
RESPECT TO THE NICHOLSON COMMUNITY CENTER.
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El Sol Neighborhood Education Center City of San Bernardino a
P.O.Box 449 Parks, Recreation and o
San Bernardino,CA 92402 Community Services Department
201North "E" Street, Ste.301 '
San Bernardino, CA 92408
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By By o
Alexander Fajardo, Executive Director Allen J. Parker, City Manager N
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Date Date E
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Approved as to form: E
Gary D. Saenz, City Attorney
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By
9 Exhibit"A"
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El Sol Neighborhood Educational Center
SCOPE OF SERVICES
Hours of Operation: The Center's days and hours of operation are Monday through
Friday, 1 Oam to 7pm, and select Saturdays and Sundays for special programming TBA.
Activities: The following proposed activities will be provided, Aerobic Classes: Monday
thru Friday-9am to 11 am and 5pm to 6pm
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1) Zumba Class: Twice per Month—3rd & 5t"Wednesday—9am— 10am
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2) Nutrition Classes: Mondays and Wednesdays 1:30pm to 3:pm N
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3) Mental Health Classes: Monday thru Fridays—10am-12pm
4) English as a Second Language: Monday and Wednesdays -5:00pm to 6:30pm
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Community Clean up: Host three (3) Community Clean-Up days with approximately 15- o
20 participants to be held on the following dates: w
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Tuesday, January 14, 2014, 8am— 1 Oam co
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Tuesday, March 10, 2014, 8am— 1 Oam
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Saturday, July 20, 2014, 8am —10am R
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Clean up days will include park, playground and landscape maintenance. El Sol will make
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sure that all volunteer will have submitted and completed the City's Volunteer Program U
including fingerprinting and background check before participating in Community Clean-Up U)
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Special Events: N
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- Thanksgiving Event: Providing six (6)turkey's for the Community's Thanksgiving event w
day. 11/24/14 at 4:OOpm
- Christmas Eve 12124114, 3pm to 5pm Providing milk and cookies for 100 youth
attending the Center's Christmas eve Q
Future Services: El Sol will continue to collaborate with community partners, providers,
and friends to bring more services and programs to the center and community (e,g.
Parenting Education, Counseling Services, Tutoring, GED, Job Skill Classes, etc.)
Packet Pg. 317
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13 DEC 16 PM 3: 02
Te"ce West Nethimiumd CdunW/Pl rk A Repfttkm Comnksfater Eta Ward
909 889.0281
TO: Mickey Valdivia,Park and Recreation Director FROM:
Charle'Jacobs,Park Commissioner
FAX: 909 384-5160
PAGES; 2
PHONE: 909 384_S233 DATE: 12/16/2013
R(; Nicholson Community Center CC: Rikke Van Johnson
O Urgent D For Review 0 Please Comment O Please Reply ❑Please RecyCie
Comments:
Good Afternoon
I am in recelpt of a Press Release from Josie Gonzales, S'0 District Supervisor regarding the re-opening of the
Nicholson Community Center,dated November 1S,2010.
We were so excited to have the center re-opened. We had high expectations of the services and activities to be
provided there_ As you can see from the release not many of the services were provided, and we did not have
measurements In place to make sure that these services,,activities,programs were available to the community.
I am calling this to your attention so that we do not make the same mistake. We must consider forAord thinking In
regards to the Nicholson Community Center. Failure to set in place some type of measurement (6 month) that
reflects the programs developed by El Sol for the diverse Community surrounding the Center.
I am suggesting an adWsory board reflecting the 'Afiican American, Caucasian, and Asians residents In the
community for transparency_ ,}
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Thank you for your attention to this matter. bi Veal T Y
Charle'Jacobs
_ntered Into Rec, at MCCJCDC Mfg; ' I� 13
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enda Item Na
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',Ian Bernardino
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NEWS4 ,rid
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From the County of San Bernardino
Josie Gonzales Fifth District
http://www.sbcounty.gov/gonzales
NOVEMBER 15, 2010
JGFDS-PR-250.1 NICHOLSON COMMUNITY CENTER RE-OPENS
FOR MORE INFORMATION CONTACT
ANGELICA BALTAZAR AT(909)3874565
FOR RELEASE TO LOCAL MEDIA
RE-OPENING OF NICHOLSON COMMUNITY CENTER
SAN BERNA.RDINO—The County of San Bernardino Preschool Services and San Bernardino City
Parks and Recreation Department are partnering to re-open the Nicholson Community Center.
The center is located at 2750 West 2' Street in Sara Bernardino and had been closed due to city
budget issues. County Preschool Services will utilize Head Start funding to re-open the center bringing
in local community based orginzations to offer resources to the surrounding community. Parks and
Recreation programming will return to the Nicholson Center along with a multitude of services and
information including rental assistance, food,shelter, and medical/dental assistance.
Preschool Services plans to establish new programming such as ESL,GED, financial literacy,and
family literacy. On site job training to be offered includes food services, custodial; clerical, and teacher's
aide programming_
San Bernardino City Parks and Recreation will re-establish twentynine after-school programs and
weekend activities for children and their families. This new partnership is currently meeting with a
regional community organization to fully repair the baseball field and basketball court that is in need of
repair with a goal of sponsoring a youth sports program. A groundbreaking announcement will be
released shortly.
5" District Supervisor Josie Gonzales is also the Chair of the San Bernardino First 5 Commission.
She strongly advocates for the needs of children and their families throughout the county. This re-
opening is an exciting collaborative opportunity,highlighting the joint use of a community center to
further serve the needs of 5t"District residents,
The Fifth District includes the unincorporated areas of Bloomington, Muscoy, North Norton,
El Rancho Verde, and Arrowhead Suburban Farms, the City of.rialto, mojor portions of the cities of
Colton and San Bernardino, and the eastern portion of the City of Fontana.
-END-
County Govammenl Center 385 North Arrowhead.Fifth Floor,San Bernardino,CA 924)5-0110 (909)387-4565 Fax;(909)367-5392