HomeMy WebLinkAbout15- Parks, Recreation & Community Service i
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director Subject: Resolution of the Mayor and Common
Dept: Parks, Recreation& Community Council of the City of San Bernardino
Services Dept. canceling the annual services agreement
approved November 1, 2010 and authorizing
Date: February 22,2011 the City Manager to approve an 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.
M/CC Meeting Date: March 7,2011
Synopsis of Previous Council Action:
11-1-2010— 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.
Recommended motion:
Adopt Resolution.
Signature
Contact person: Robert Lennox Phone: 384-5031
Supporting data attached: Staff Report,Reso,&Agreement Ward: 6
FUNDING REQUIREMENTS: Amount: $7,155/mo ($85,860/yr)
Source: (Acct.No.) 001-380-5502-0000-0074
(Acct.Description) Rec/Comm programs-
Professional/Contractual Services
Q Finance:
Council Notes: ��� i
Agenda Item No. J�
J3-6�-�11
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Staff Report
Subiect•
Resolution of the Mayor and Common Council of the City of San Bernardino canceling the
annual services agreement approved November 1, 2010 and authorizing the City Manager to
approve an 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.
Background:
For over ten years the City of San Bernardino has contracted the services offered at the Delmann
Heights Community Center through the Boys & Girls Club of San Bernardino, Inc. The Boys
and Girls Club has provided a host of community programs to youth, adults and seniors in the
Delmann Heights neighborhood. The multi-year agreement for these services expired on June
30, 2010 prompting staff to draft a new contract to extend the partnership with the Boys & Girls
Club.
On November 1, 2010 the Mayor and Common Council approved an annual services agreement
between the City and Boys & Girls Club of San Bernardino, Inc. to continue contractual services
at the Delmann Heights Community Center in the amount of $7,155 per month. Since the
November 1, 2010 approval, the Boys & Girls Club of San Bernardino, Inc. and City staff have
discussed various modifications to the agreement for accuracy of service delivery and reporting.
As a result, staff is recommending the cancelation of the previous agreement and execution of a
new annual/multi-year contract to better reflect updated hours of operation and programming
adjustments. The rate of payment for services would remain at $7,155 per month or $85,860 per
year with three optional single year renewals.
Financial Impact:
The total cost to provide funding to the Boys& Girls Club in FY 2010/11 will be $85,860.
Account No.: 001-380-5502-0000-0074 Budgeted Amount: $85,900
Balance as of 7/1/2010: $85,940 Balance after Approval of Item: $40
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt resolution
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO CANCELING THE ANNUAL SERVICES AGREEMENT APPROVED
NOVEMBER 1, 2010 AND AUTHORIZING THE CITY MANAGER TO APPROVE AN
4 ANNUAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE BOYS & GIRLS CLUB OF SAN BERNARDINO, INC. TO PROVIDE COMMUNITY
5 SERVICES AT THE DELMANN HEIGHTS COMMUNITY CENTER.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The previous Agreement approved by Resolution 2010-367 between the
9 City of San Bernardino and the Boys & Girls Club of San Bernardino, Inc., is hereby canceled
10 for the operation of the Delmann Heights Community Center.
11 SECTION 2. The Mayor and Common Council of the City of San Bernardino hereby
12
authorize the City Manager to execute the Services Agreement with the Boys and Girls Club of
13
14 San Bernardino Inc. to operate the Delmann Heights Community Center located at 2969 North
15 Flores Street, San Bernardino, California on an annual basis, beginning July 31, 2010, a copy of
16 Which is attached hereto, marked as Exhibit "A" and incorporated herein by reference as fully as
17 though set forth at length.
18 SECTION 3. The authorization to execute the above referenced agreement is rescinded
19 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
20
resolution.
21
22 SECTION 4. That the implementation date of the Service Agreement with Boys and
23 Girls Club of San Bernardino is July 31, 2010; therefore, any action taken between July 31, 2010
24 and the date that this Resolution is adopted is hereby ratified;
25
26
27
28
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CANCELING THE ANNUAL SERVICES AGREEMENT APPROVED'
3 NOVEMBER 1, 2010 AND AUTHORIZING THE CITY MANAGER TO APPROVE AN
ANNUAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
4 THE BOYS & GIRLS CLUB OF SAN BERNARDINO, INC. TO PROVIDE COMMUNITY
SERVICES AT THE DELMANN HEIGHTS COMMUNITY CENTER.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a Meeting, thereof,
7 held on the day of , 2011, by the following vote to wit:
8
9
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
12 VACANT
13 BRINKER
14 SHORETT
15 KELLEY
16
JOHNSON
17
18 MCCAMMACK
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of , 2011.
22
23
Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to Form:
26
27 _
28 J es F. Penman, City Attorney
Exhibit A
CITY OF SAN BERNARDINO
BOYS AND GIRLS CLUB OF SAN BERNARDINO INC.
SERVICES AGREEMENT
This Services Agreement is entered into this day of , 2011 by and
between Boys & Girls Club of San Bernardino, Inc. ("CONTRACTOR") and the City of San
Bernardino ("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the CITY has provided vital social, recreational and community services to
Ward 6 residents for 40 years at the Delmann Heights Community Care Center; and
WHEREAS, the CITY desires to continue and expand social, recreational and
community services to Ward 6 residents; and
WHEREAS, CONTRACTOR has demonstrated experience in the management and
operation of social, recreational and community services to the citizens of San Bernardino, in
particular Ward 6 residents; and
WHEREAS,the CITY desires to retain the services of CONTRACTOR for the purpose of
management and operation of social, recreational and community services at Delmann Heights
Community Center; and,
WHEREAS, the parties entered into a previous agreement which was approved by CITY on
November 1, 2010, by Resolution of the Mayor and Common Council, No. 2010-367; and
WHEREAS, the parties wish to terminate the prior Agreement and enter into this revised
Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1
Exhibit A
1. SCOPE OF SERVICES.
CONTRACTOR shall, perform and carry out in a good and professional manner the following
services:
I
A. Operate the Delmann Heights Community Center Monday through Friday, 9 am to 6 pm,
and select Saturdays, for special programming, exclusive of the holidays on which City
Hall is closed.
B. Plan and implement youth, teen and family programs. The Center's operating days and
hours are Monday through Friday, 10 am to 6 pm, and select Saturdays, for special
Iprogramming, July 21 through September 8, 2010. Beginning September 10, 2010
operating hours shall be Monday through Friday, 9 am to 7 pm. This schedule is
exclusive of City observed holidays. Special programming will include tutoring, life
skills development, conflict resolution, sports and other general recreation activities. A
minimum of six (6) different youth/teen activities per week shall be offered in this regard.
C. Plan and implement all annual events to include (or recommend a substitute event):
• Halloween Carnival—in October
• Annual Spring Egg Hunt—Prior to Easter Sunday
• Winter Holiday Party—in DecemberDel Fest—in September
• Additional Special Events: Plan and conduct two (2) additional annual events of
CONTRACTOR'S choosing. Provide an event calendar outlining each event date
and name, proposed activities and clients to be served.
D. Park Facilities including the track, field, basketball courts and baseball field will be
available for use by the CONTRACTOR for no cost when not in use by the CITY.
2
Exhibit A
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:
• 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
current.
• All staff working directly with children shall submit to and pass a "Live Scan"
background check.
• Daily custodial upkeep of the restrooms and showers/changing rooms to ensure a
clean condition and in good repair.
• Recording and maintenance of a daily log of disinfectant residual, chemical pH
and maintenance procedures such as cleaning of filters and quantity of chemicals
used, as required by County Environmental Health Services.
• Provision/purchase and maintenance of, appropriate aquatics equipment (rescue
and safety equipment, umbrellas, equipment bags, cashiering items, first aid kit).
• Development and utilization of a system for entry/exit of patrons and related fee
collection and deposit procedures. This procedure shall be shared with the City
representative no later than two weeks prior to summer pool opening date.
• Develop and train staff thoroughly in a Critical Incident Response procedure. The
3
a
Exhibit A
i
r
f pool operation will include at a minimum, recreation swim open to the public, one
3
session each day, Monday through Saturday, 12 pm — 7 pm, from June 25 though
August 25 of each year. CONTRACTOR shall comply with all posted pool rules
and all applicable State, County and City statutes, ordinances and regulations
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
• Clean pool skimmer baskets daily
• Maintain water level at the level of the skimmers at all times
• Remove floating scum, sputum, trash and debris
CONTRACTOR shall immediately contact the Parks, Recreation and Community
Services Department for concerns requiring City staff attention.
• Maintain and place out all required safety signs on the pool deck during times of
operation to the general public (at minimum: pool rules, CPR sign,pool capacity,
emergency response number=9-1-1).
• 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
necessary to be kept in a good condition.
• Toilets, urinals, showers, wash basins, and other plumbing fixtures shall be
maintained in a clean condition.
I CONTRACTOR shall conduct a daily morning preventative maintenance walk-
I
4
Exhibit A
through during pool season to ensure a clean and safe operation and record results on
a Daily Maintenance Checklist, as provided by the CITY.
F. Additional Programs/Hours of Operation
The CONTRACTOR 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 CONTRACTOR and approved in writing by CITY in advance.
G. CONTRACTOR 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 1St(Spring period).
H. The City's liaison will meet with the CONTRACTOR and Delmann Heights office staff
each month.
I. CONTRACTOR and CITY shall prepare an annual programming and supervision budget
for the upcoming fiscal year (July 1 — June 30) for operation of the Center no later than
June lst of the preceding year. The CITY agrees to share in the cost of the Delmann
Heights Community Center program in the amount of $7,155.00 per month and not to
exceed $85,860.00 annually, payable by the 10th of each month preceding the month of
service to be provided. The fee for services will cover all basic expenses incurred by the
CONTRACTOR under this Agreement. No other expenditures made by
CONTRACTOR shall be reimbursed by CITY without the prior written approval of the
CITY. CONTRACTOR shall provide the CITY with a monthly report of services
provided and number of persons served as noted herein in Section 2.
5
Exhibit A
2. RECORDS AND INSPECTIONS.
CONTRACTOR shall maintain full and accurate records with respect to all matters covered
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.
3. TERM; TERMINATION.
The term of this Agreement is from July 31, 2010 through June 30, 2011, 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
Agreement shall remain in force unless mutually amended in writing.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless CONTRACTOR, 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. CONTRACTOR 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 CONTRACTOR'S negligent acts or omissions arising from the
CONTRACTOR's performance of its obligations under this Agreement. In the event that CITY
and/or CONTRACTOR 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
CONTRACTOR shall indemnify the other to the extent of this comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
CONTRACTOR 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
AVOW'. statutory worker's compensation coverage as required by law, and shall file copies of said
6
Exhibit A
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
toprovide 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,
CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in the employment of persons because of their race, religion, color, national
origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual
gender or sexual orientation, or membership in any other classification protected by law.
7. INDEPENDENT CONTRACTOR.
CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and
purposes CONTRACTOR and its agents or employees shall be an independent contractor and
not an agent or employee of the CITY. CONTRACTOR 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 CONTRACTOR
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.
CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the CONTRACTOR'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
7
Exhibit A
CONTRACTOR of CONTRACOTR's obligation to perform all other obligations to be
performed by CONTRACTOR hereunder for the tern 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
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 terns, 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 terns and conditions mentioned herein or incidental hereto, and supersede all negotiations
8
Exhibit 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
I 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
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.
d
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 CONTRACTOR:
Parks, Recreation and Boys & Girls Club of San Bernardino, Inc.
Community Services Department 1180 W. 9th Street
1350 South"E" Street San Bernardino, CA 92411
San Bernardino, CA 92408 (909) 888-6751 Fax (909) 888-1474
(909)384-5160 Fax(909)384-5160
9
Exhibit A
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
and date set forth below.
Date: March , 2011 March , 2011
City of San Bernardino Boys & Girls Club of San Bernardino, Inc.
By: By:
Charles E. McNeely, City Manager A. Majadi, Executive Director
Approved as to Form:
James F. Penman, City Attorney
By:
10
CITY OF SAN BERNARDINO
BOYS AND GIRLS CLUB OF SAN BERNARDINO INC.
SERVICES AGREEMENT
This Services Agreement is entered into this day of , 2011 by and
between Boys & Girls Club of San Bernardino, Inc. ("CONTRACTOR") and the City of San
Bernardino ("CITY"or"San Bernardino").
WITNESSETH:
WHEREAS, the CITY has provided vital social, recreational and community services to
Ward 6 residents for 40 years at the Delmann Heights Community Care Center; and
WHEREAS, the CITY desires to continue and expand social, recreational and
community services to Ward 6 residents; and
WHEREAS, CONTRACTOR has demonstrated experience in the management and
operation of social, recreational and community services to the citizens of San Bernardino, in
particular Ward 6 residents; and
WHEREAS, the CITY desires to retain the services of CONTRACTOR for the purpose of
management and operation of social, recreational and community services at Delmann Heights
Community Center; and,
WHEREAS, the parties entered into a previous agreement which was approved by CITY on
November 1, 2010, by Resolution of the Mayor and Common Council, No. 2010-367; and
WHEREAS, the parties wish to terminate the prior Agreement and enter into this revised
Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1
1. SCOPE OF SERVICES.
CONTRACTOR shall, perform and carry out in a good and professional manner the following
services:
A. Operate the Delmann Heights Community Center Monday through Friday, 9 am to 6 pm,
and select Saturdays, for special programming, exclusive of the holidays on which City
Hall is closed.
B. Plan and implement youth, teen and family programs. The Center's operating days and
hours are Monday through Friday, 10 am to 6 pm, and select Saturdays, for special
programming, July 21 through September 8, 2010. Beginning September 10, 2010
operating hours shall be Monday through Friday, 9 am to 7 pm. This schedule is
exclusive of City observed holidays. Special programming will include tutoring, life
skills development, conflict resolution, sports and other general recreation activities. A
minimum of six (6) different youth/teen activities per week shall be offered in this regard.
C. Plan and implement all annual events to include (or recommend a substitute event):
• Halloween Carnival—in October
• Annual Spring Egg Hunt—Prior to Easter Sunday
• Winter Holiday Party—in DecemberDel Fest—in September
• Additional Special Events: Plan and conduct two (2) additional annual events of
CONTRACTOR'S choosing. Provide an event calendar outlining each event date
and name, proposed activities and clients to be served.
D. Park Facilities including the track, field, basketball courts and baseball field will be
available for use by the CONTRACTOR for no cost when not in use by the CITY.
2
`r
i
3
CONTRACTOR must submit a written request for use of these facilities in advance to
d
CITY. A schedule of CITY use of these facilities will be available for review by
yS
i
CONTRACTOR upon request.
E. Pool Operation: Program Responsibilities will include,but are not limited to:
• 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
current.
• All staff working directly with children shall submit to and pass a "Live Scan"
background check.
• Daily custodial upkeep of the restrooms and showers/changing rooms to ensure a
clean condition and in good repair.
• Recording and maintenance of a daily log of disinfectant residual, chemical pH
and maintenance procedures such as cleaning of filters and quantity of chemicals
used, as required by County Environmental Health Services.
• Provision/purchase and maintenance of, appropriate aquatics equipment (rescue
and safety equipment, umbrellas, equipment bags, cashiering items, first aid kit).
• Development and utilization of a system for entry/exit of patrons and related fee
collection and deposit procedures. This procedure shall be shared with the City
representative no later than two weeks prior to summer pool opening date.
• Develop and train staff thoroughly in a Critical Incident Response procedure. The
3
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
August 25 of each year. CONTRACTOR shall comply with all posted pool rules
and all applicable State, County and City statutes, ordinances and regulations
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
• Clean pool skimmer baskets daily
• Maintain water level at the level of the skimmers at all times
• Remove floating scum, sputum, trash and debris
CONTRACTOR shall immediately contact the Parks, Recreation and Community
Services Department for concerns requiring City staff attention.
• Maintain and place out all required safety signs on the pool deck during times of
E
operation to the general public (at minimum: pool rules, CPR sign, pool capacity,
emergency response number= 9-1-1).
• Walls, ceilings, partitions, doors, lockers and similar surfaces and equipment shall
i
be kept clean and clear of graffiti in a manner acceptable to the City as often as
necessary to be kept in a good condition.
• Toilets, urinals, showers, wash basins, and other plumbing fixtures shall be
maintained in a clean condition.
CONTRACTOR shall conduct a daily morning preventative maintenance walk-
..
4
{
through during pool season to ensure a clean and safe operation and record results on
a Daily Maintenance Checklist, as provided by the CITY.
F. Additional Programs/Hours of Operation
The CONTRACTOR 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 CONTRACTOR and approved in writing by CITY in advance.
G. CONTRACTOR 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).
H. The City's liaison will meet with the CONTRACTOR and Delmann Heights office staff
each month.
1. CONTRACTOR and CITY shall prepare an annual programming and supervision budget
for the upcoming fiscal year (July 1 — June 30) for operation of the Center no later than
June 1St of the preceding year. The CITY agrees to share in the cost of the Delmann
Heights Community Center program in the amount of $7,155.00 per month and not to
exceed $85,860.00 annually, payable by the 10th of each month preceding the month of
service to be provided. The fee for services will cover all basic expenses incurred by the
CONTRACTOR under this Agreement. No other expenditures made by
CONTRACTOR shall be reimbursed by CITY without the prior written approval of the
CITY. CONTRACTOR shall provide the CITY with a monthly report of services
provided and number of persons served as noted herein in Section 2.
5
2. RECORDS AND INSPECTIONS.
CONTRACTOR shall maintain full and accurate records with respect to all matters covered
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.
3. TERM; TERMINATION.
The term of this Agreement is from July 31, 2010 through June 30, 2011,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
Agreement shall remain in force unless mutually amended in writing.
4. INDEMNITY.
0 CITY agrees to indemnify and hold harmless CONTRACTOR, 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. CONTRACTOR 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 CONTRACTOR'S negligent acts or omissions arising from the
CONTRACTOR's performance of its obligations under this Agreement. In the event that CITY
and/or CONTRACTOR 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
CONTRACTOR shall indemnify the other to the extent of this comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
CONTRACTOR 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
6
I
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
toprovide 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,
CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in the employment of persons because of their race, religion, color, national
origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual
gender or sexual orientation, or membership in any other classification protected by law.
7. INDEPENDENT CONTRACTOR.
CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and
purposes CONTRACTOR and its agents or employees shall be an independent contractor and
not an agent or employee of the CITY. CONTRACTOR 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 CONTRACTOR
and its officers, agents, and employees, and all business license, if any are required, in
connection with the services to be performed hereunder.
S. ASSIGNMENT OR SUBCONTRACTING.
CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the CONTRACTOR'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
7
CONTRACTOR of CONTRACOTR's obligation to perform all other obligations to be
performed by CONTRACTOR 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
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
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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
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 CONTRACTOR:
Parks, Recreation and Boys & Girls Club of San Bernardino, Inc.
Community Services Department 1180 W. 9th Street
1350 South"E" Street San Bernardino, CA 92411
San Bernardino, CA 92408 (909) 888-6751 Fax (909) 888-1474
(909)384-5160 Fax(909)384-5160
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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
and date set forth below.
Date: March , 2011 March , 2011
City of San Bernardino Boys & Girls Club of San Bernardino, Inc.
By: By:
Charles E. McNeely, City Manager A. Majadi, Executive Director
Approved as to Form:
Tames F. Penman, City Attorney
By:
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