HomeMy WebLinkAbout17-Parks & Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING . THE
CITY MANAGER TO EXECUTE
AMENDMENT NO.3 TO THE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND BOYS AND GIRLS CLUB OF SAN
BERNARDINO INC., TO OPERATE A
COMMUNITY CENTER LOCATED AT 2969
NORTH FLORES STREET, SAN BERNARDINO,
CALIFORNIA.
Dept: Parks, Recreation &
Community Services Dept.
Date: July 9, 2007
MICC Meeting Date: July 16, 2007
Synopsis of Previous Council Action:
July 27, 2006: Resolution 2006-270 authorizing the Mayor and Common Council to ratifY
Amendment No.2 of a Services Agreement between the City of San Bernardino and Boys and
Girls Club of San Bernardino, Inc. to provide community services at the Delmann Heights
Community Center was approved.
Recommended Motion:
Adopt Resolution.
Signature
Contact person: Kevin Hawkins
Phone: 5030
Supporting data attached: stHffreport reso, Hl"reementWard: Ii
FUNDING REQUIREMENTS:
Amount: $105,200
Source: (Accl. No.) 001-388-5505 ($85,000)
001-381-5505 ($20,200)
(Accl. Description) other professional services
Finance:
Council Notes:
Agenda Item No. J7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute Amendment No. 3 to the Agreement between the City of San
Bernardino and Boys and Girls Club of San Bernardino Inc., to operate a Community Center
located at 2969 North Flores Street, San Bernardino, California.
Background:
In FY 2006/07 the Council approved amendment No.2 between the City and Boys and Girls Club
of San Bernardino Inc. to continue contractual services at the Delmann Heights Community Center
in the amount of $119,000. This was an increase of $34,000 from the 2005/06 agreement and
included additional services to be provided by the Boys and Girls Club. The second year of the
agreement concluded successfully.
Services at the Center have varied over the years based on community needs and currently include
the City's only Headstart Program, an after-school program, computer classes, senior nutrition
programs, sports programs, and several large scale special events. In 2006/07, the agreement
included additional funding for the center to provide a Safe Summer Program, which included free
swim for youth and extended pool hours (including weekends). The agreement also included one-
time funding for start-up costs to initiate a PAL Program ($15,000).
Based on Boys and Girls Club's strong background in program development and delivery, it is
prudent for the City to continue the agreement for the provision of recreation and community
services.
The current agreement term expires on July 31, 2007. In an effort to reconcile the closing of the
fiscal year with the contract period, staff is proposing an eleven-month amendment for the period
of August 1,2007 to June 30, 2008. When the agreement is amended or renewed next year, a
twelve month period will be negotiated. Terms of the agreement include a payment of $95,400 for
the eleven-month period. The payment will be remitted in monthly increments.
Financial Impact:
The total cost to provide funding to the Boys and Girls Club in FY 2007/08 will be $105,300.
This amount includes a $9900 payment to cover the last payment in July of 2007 and the cost of
this eleven-month amendment ($95,400 or $8667 per month). The proposed Parks, Recreation.
and Community Services FY 2007/08 budget includes funding for this program in Account No.
001-388-5505 ($85,000) and 001-381-5505 ($20,300).
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND BOYS AND GIRLS CLUB OF SAN BERNARDINO INC., TO OPERATE
A COMMUNITY CENTER LOCATED AT 2969 NORTH FLORES STREET, SAN
BERNARDINO, CALIFORNIA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby
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authorize and direct the City Manager to execute Amendment No.3 to the Agreement with the Boys
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and Girls Club of San Bernardino Inc. to operate a Community Center located at 2969 North Flores
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Street, San Bernardino, California for the period of August 1,2007 through June 30, 2008, a copy
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of which is attached hereto, marked as Exhibit "A" and incorporated herein by reference as fully as
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though set forth at length.
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SECTION 2. The authorization to execute the above referenced agreement is rescinded if
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the parties to the agreement fail to execute it within sixty (60) days of the passage ofthis resolution.
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8 day of
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ESTRADA
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BAXTER
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15 KELLEY
16 JOHNSON
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MC CAMMACK
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO.3 TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BOYS AND GIRLS CLUB OF SAN BERNARDINO INC., TO OPERATE A COMMUNITY
CENTER LOCATED AT 2969 NORTH FLORES STREET, SAN BERNARDINO,
CALIFORNIA.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a
meeting thereof, held on the _
,2007, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2007.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
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JAMES F. PENMAN, City Attorney
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EXHIBIT A
SERVICES AGREEMENT
This Services Agreement ("Agreement") is entered into this
day of July 2007, by and
between Boys & Girls Club of San Bernardino Inc" ("CONSULTANT") and the City of San
Bernardino ("CITY" or "San Bernardino"),
WITNESSETH:
WHEREAS, The CITY has provided vital social, recreation and community services to Ward 6
residents for 40 years at the Delmann Heights Community Center; and
WHEREAS, the CITY desires to continue and expand social, recreation and community
services to Ward 6 residents; and
WHEREAS, CONSULT ANT has demonstrated experience in the management and operation of
social, recreation and community services to the citizens of San Bernardino, in particular Ward 6
residents; and
WHEREAS, the CITY desires to retain the services of the CONSULT ANT for the purpose of
management and operation of social, recreation and community services at Oelmann Heights
Community Center.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES
CONSULTANT shall, perform, and carry out in a good and professional manner the following
services subject to the provisions of Section (3) below,
A Operate the Delmann Heights Community Center from Monday through Friday 9 am to 7 pm
and Saturday 10 am to 2 pm" exclusive of the following holidays: September 3, 2007;
November 10, 2007; November 22 & 23, 2007; December 25 & 26, 2006; January I & 2,
2008; January 14,2008; February 18, 2008; May 26,2008; and July 4,2008,
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EXHIBIT A
B. Provide a most recent Community Demographics Assessment by September I, 2007. The
Assessment data will include data on the community's age, gender, race/ethnicity, and
income. Quantify the results in a concise findings sheet.
C. Conduct a Community WantsIDesires Survey of the Delmann Heights Community by
October 31, 2007. Quantify the results in a concise finding sheet and submit to the CITY
with recommendations for the provision of future recreation and community services
activities by November 30,2007. Initiate recommendation no later than January 1, 2008.
D. Provide access and assistance to the San Bernardino County's Department of Adult and
Aging Services, Senior Nutrition Program. Partner with the provider to bring in marketing
strategies that will increase the senior population during the senior lunch meals. The current
days and hours of the Senior Nutrition Program are - Monday through Friday - 10 a.m. to 1
p.m., exclusive of holidays listed in item 1 A. Report the services provided and the number of
persons served in the monthly report referred to in section 3.
E. Plan and implement youth, teen and family programs. The Center's operating days and hours
are Monday through Friday - 10 am to 7 pm, Saturday 12pm to 7pm, and Sunday 12pm to
Spm. The hours listed in this section of the contract will be for July 21 through September 8,
2007. The hours starting on September 10,2007 will be Monday through Friday _ 9 am to 7
p.m. and Saturday -- 10 am to 2pm. This schedule is exclusive of holidays listed in item IA.
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.
F. Facilitate the Community Bread Giveaway program every Tuesday - 8am to 12 noon.
Address any and all community input in this regard within a 24-hour business period.
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EXHIBIT A
e G. Facilitate the County Food Distribution program every third Wednesday - 8am to Ipm.
Address any and all community input in this regard within a 24-hour business period.
H. Plan and implement all annual events to include (or recommend a substitute event):
I. Unity of Choirs - in February.
2. Annual Spring (Easter) Egg Hunt - Prior to Easter Sunday.
3. Ludie Taylor Track Meet - in June.
4. Del Fest - in September.
5. Additional Special Events: Plan and conduct two (2) additional annual events of
CONSULT ANT'S choosing. Provide an event calendar outlining each event date and name,
proposed activities and clients to be served.
1. Park Facilities including the track, field, basketball courts and baseball field will be available
e for use by the CONSULTANT for no cost when not in use by the CITY. CONSULTANT
must submit a written request for use of these facilities in advance to CITY. A schedule of
CITY use of these facilities will be available for review by CONSULTANT upon request.
J. Pool Operation: Program Responsibilities will include, but are not limited to:
Staff recruitment, training and scheduling to maintain adequate continuous surveillance
over pool customers.
Daily custodial upkeep of the restrooms and showers/changing rooms to ensure a clean
condition and in good repair.
Daily recording 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.
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EXHIBIT A
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Provision/purchase of, 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 pool operation will include, at minimum, recreation swim open to the public, one
session each day, Monday through Saturday from 12:0Opm-7:0Opm and Sunday
12:00p.m. -5:00p.m. Minimum dates of operation are to be from June 25,2007 - August
25,2007. Year 2008 will be Monday through Saturday from 2:00p.m. -5:30 p.m. with
the same dates as in the year 2007. The CONSULTANT is to follow all posted pool
rules, all State and County pool operation requirements, as well as local City codes and
ordinances.
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The CONSULT ANT will 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.
CONSULTANT shall immediately contact the Parks, Recreation and Community
Services Department for concerns requiring City staff attention.
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EXHIBIT A
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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.
CONSULTANT shall conduct a daily morning preventative maintenance walk-through
during pool season to ensure a clean and safe operation and record results on a Daily
Maintenance Checklist, as provided by the CITY.
e K. Additional Programs/Hours of Operation
The consultant may desire to create additional activities and programs at the Community
Center and/or expand the hours and dates of operation. Any additional activities, programs or
hours and dates of operation will be communicated to CITY in writing by CONSULTANT
and approved in writing by CITY in advance.
L. CONSULTANT shall provide the CITY information for the Leisure Opportunities brochure
four times annually, respectively on April 23rd (Summer period), July 15th (Fall period),
October 24th (Winter period), and February 1st (Spring period):
M. The CITY's liaison will meet with the CONSULANT and Delmann Heights office staff each
month.
N. Facility Management and Maintenance
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EXHIBIT A
e The CITY will retain responsibility for major building maintenance, repair (including graffiti
removal), building alarm system maintenance, utility bills (water, gas, electric, rubbish), and
routine custodial services at the center. The CITY will retain and pay for, at its own expense,
two regular phone lines, one for the general phone and one for the pool operations. Any
additional phone, fax, computer, or other telecommunication line shall be the responsibility
of the CONSULTANT to provide and maintain. CONSULTANT will be responsible for
providing access to other facility users including the Head Start program and senior nutrition
program. CONSULTANT shall furnish at his own expense, all labor, equipment, and
materials associated with office/room furnishings, including fax machine and copier;
Center/Park security; cable/satellite/digitaVtelevision reception services; and pool safety
equipment (ropes and buoys, rescue tubes and throw lines, first aid supplies, flotation
e devices, and other similar items) toward the satisfactory performance of the work set forth in
this Agreement. CONSULT ANT may rent the space at the Center that is within its
jurisdiction during off-use hours for such community and civic-minded activities consistent
with those of other City centers at a reasonable cost recovery value. Facility layout
identifying defined use of each space inclusive of outdoor facilities is located in Appendix
"A" & "B",
O. Safe Summer Youth Program
The Summer Youth Initiative Program consists of expanding community and swim center
hours, days, and programming efforts and free pool use to youth ($17,400 for the eleven-
month period will be allocated for these programs).
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EXHIBIT A
2. COMPENSATION AND EXPENSES.
CONSULTANT and CITY shall prepare an annual programming and supervision budget for the
upcoming fiscal year (August I - June 30) for operation of the Center no later than March 151 of
the preceding year. The CITY agrees to share in the cost of the Delmann Heights Community
Center program in the amount of $95,400 for the eleven month period (amount includes $17,400
for Safe Summer Youth Program). The fee shall be paid in installments of $8,666.67 by the lOth
of each month. The fee for services will cover all basic expenses incurred by the
CONSULT ANT on behalf of the CITY. No other expenditures made by CONTRACTOR shall
be reimbursed by CITY without the prior written approval of the CITY. CONSULTANT shall
provide the CITY with a concise accounting of expenditures of each installment at the close of
each month, along with the monthly report of services provided and number of persons served as
noted herein in section 3.
3. RECORDS AND INSPECTIONS.
Consultant shall maintain full and accurate records with respect to all matters covered under this
agreement. CONSULTANT shall provide a monthly report of services provided and number of
persons served by the third business day of each month.
4. TERM; SEVERABILITY.
The term of this Agreement is from August I, 2007 through June 30, 2008, with the option of
one (I) 2-year extension upon mutual consent of the City and CONSULTANT. 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.
5. INDEMNITY.
CONSULT ANT shall indemnify, defend (if requested by CITY) and hold harmless the CITY, its
departments, boards, commissions, elected officials, officers, attorneys, employees and agents
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EXHIBIT A
tit from all liabilities, charges, and expenses (including, without limitation, reasonable costs of
defense and reasonable attorney's fees) arising or growing out of or related to CITY'S
performance of this Agreement, except that such duty to indemnity, defend and hold harmless
shall not apply where injury to person or property is caused by CITY'S willful misconduct or
negligence. CITY shall indemnify, defend (if requested by CONSULT ANT) and hold harmless
the CONSULTANT, its officers, employees and agents from all liability, charges, and expenses
(including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising
out of or related to CONSULTANT'S performance of this Agreement, except that such duty to
indemnify, defend and hold harmless shall not apply where injury to person or property is caused
by CONSULTANT'S willful misconduct or negligence. The costs, salary and expenses of the
City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall
tit be considered as "attorneys' fees" for the purposes of this paragraph.
6. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
CONSULTANT shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and
statutory worker's compensation coverage as required by law, and shall file copies of said
policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement.
CITY shall be set forth as an additional named insured in each policy of insurance provided
hereunder. The Certificates of Insurance furnished to the CITY shall require the insurer to notify
CITY in writing at least ten (10) days in advance of any change or termination in the policy.
7. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees,
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EXHIBIT A
e CONSULT ANT shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
8. NO EMPLOYMENT.
CONSULTANT shall perform work tasks provided by this Agreement but for all intents
and purposes CONSULTANT and its agents or employees shall be an independent contractor
and not an agent or employee of the CITY.
9. ASSIGNMENT OR SUBCONTRACTING.
CONSULT ANT shall not assign this Agreement, or any portion thereof without the written
consent of CITY. Any attempt by CONSULTANT to assign or subcontract any performance of
this Agreement without the written consent of the CITY shall be null and void and shall
constitute a breach of this Agreement.
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10. LEGAL ACTIONS.
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 must be instituted in the
Superior Court of the County of San Bernardino, Central District, State of California. The laws
of the State of California shall govern the interpretation and enforcement of this Agreement.
11. ENTIRE AGREEMENT.
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This Agreement and any documents or instruments attached hereto or referred to herein integrate
all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations
and prior writings in respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement and any such document or instrument, the
terms and conditions of this Agreement shall prevail.
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EXHIBIT A
e 12. NOTICES.
Any notice to be given pursuant to this Agreement shall be deposited with the United
Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Parks, Recreation and
Community Services Department
547 N. Sierra Way
San Bernardino, CA 92418
Facsimile (909) 384-5233
TO THE CONSULTANT:
Boys & Girls Club of San
Bernardino, Inc.
1180 W. 9th Street
San Bernardino, CA 92411
(909) 888-6751 Fax (909) 888-1474
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
first above written.
Date: July
,2007
Date: July
,2007
City of San Bernardino
Boys & Girls Club of San Bernardino, Inc.
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By:
Fred Wilson, City Manager
By:
Mark Davis, Chief Professional Officer
Approved as to form:
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