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HomeMy WebLinkAbout2004-2331 2 3 4 5 6 7 8 it 12 13 14 15 16 17 18 21 26 27 28 RESOLUTION NO. 2004-233 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR BEFORE & AFTER -SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby authorizes the Mayor or her designee to execute an agreement with the San Bernardino City Unified School District to provide contractual services for before & after -school recreation programs at school district sites. A copy of said agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded the parties to the agreement fail to execute it within one hundred twenty (120) days of the of this resolution. 2004-233 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR BEFORE & AFTER -SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular Meeting, therefore, held on the 19th day of July 2004 by the following vote to wit: COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MC GINNIS x DERRY x KELLEY x JOHNSON x MC CAMMACK C��' • a"_i" Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this )d " day of July , 2004. Esther Estrada, Mayor Pro Tem City of San Bernardino Approved as to form and Legal content: By: 2004-233 CoAtract No.: 04/05-880-0124 POA SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 77North Street ORIGINAL San Bernardino, CA 92410 AGREEMENT FOR CITY SERVICES IN COLLABORATION WITH DISTRICT FOR THE CREATIVE BEFORE AND AFTER SCHOOL PROGRAM FOR SUCCESS (CAPS) THIS AGREEMENT is made and entered into this 161h day of June 2004, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT", and CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as the "CITY". RECITALS WHEREAS, the DISTRICT is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special services and advice in financial, economic, accounting, engineering, legal, or administrative matters, if such persons are specially trained and experienced and competent to perform the special services required; and, WHEREAS, the CITY itself is, or those hired by the CITY are, specially trained, experienced and competent to render the special services required by the DISTRICT, and such services are needed on a limited basis; and, NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: I. TERM OF AGREEMENT A. This Agreement shall be for a period beginning July 1, 2004, through June 30, 2005. B. Upon a showing of good and sufficient cause by the CITY, the DISTRICT may at its discretion, grant such extensions of time as it may deem advisable in which the CITY may accomplish the results required hereunder; provided, however, the DISTRICT shall not be obligated to pay the CITY any additional consideration if such an extension of time has been granted. IL RESPONSIBILITIES OF THE CITY A. The CITY will provide a variety of learning experiences in the area of art, fitness and sports skills, and values through the provisions of Recreational Aides at each school participating in the Creative Before and After -School for Success (CAPS) Program. A List of participating schools is attached to this agreement as Attachment "A" and incorporated herein by this reference and made a part hereto. B. In addition to the learning experience, the CITY will provide a mentoring program in cooperation with the DISTRICT that targets populations of elementary school students as a deterrent to juvenile crime, gangs, and other delinquent behaviors. Also, the CITY CITY Services Agreement: City of San Bernardino Parks, Recreation & Community Services — CAPS Program Page I of 6 2004-233 Contract No.: 04/05-880-0124 POA agrees to provide in -kind services/activities for program administration, site supervision and equipment. C. The CITY is ultimately responsible for the results to be achieved under this Agreement. The CITY itself, or other hired by the CITY and under the control of the CITY, may provide the services necessary to achieve the results required under this Agreement. D. The CITY's services will be provided on an as -needed basis to accomplish the results required under this Agreement. E. The CITY will perform services to achieve the results required hereunder in the CITY's own independent way as an independent contractor in the pursuit of the CITY's independent calling and not as an employee of the DISTRICT. The CITY shall be under the control of the DISTRICT as to the results to be accomplished and not as to the means or manner by which such results are to be accomplished. F. The CITY shall provide its services at such times as the CITY itself determines within the scope of the results to be achieved. If the CITY is a regular employee of a public agency (any governmental agency or agent supported by public tax dollars), all services which the CITY renders under this Agreement will be performed at times other than the CITY's regular assigned workday for said entity, or during periods of vacation or leave of absence from said entity, in order that the CITY shall not receive double compensation from public tax dollars for its time. all of its own H. The CITY shall complete and return to the DISTRICT the Internal Revenue Service Form W-9, which is included as an enclosure with the Agreement package. I. The CITY understands that, as an independent contractor, it is not an employee of the DISTRICT and agrees that it will not purport to be nor represent itself as a DISTRICT employee, officer, or agent. The CITY agrees that it will not act as nor perform in the capacity of a DISTRICT employee. The CITY further agrees that it will specifically explain its independent contractor, non -employee status to those it contacts (including DISTRICT employees and non -DISTRICT employees), as a result of its work hereunder, in order to prevent any misconception on the part of third parties that the CONTRACTOR is an employee or representative of the DISTRICT. J. The CITY agrees to conduct and certify to the DISTRICT's governing board that it has completed any background check requirements of Education Code Sections 45122.1 and 45125.1 and has returned the Contractor Certification form in advance of providing any contracted services described herein with the DISTRICT. Any expenses incurred to implement this requirement will be the sole responsibility of the CITY. III. RESPONSIBILITIES OF THE DISTRICT A. The DISTRICT will prepare and furnish to the CITY upon the CITY's request, such information as is reasonably necessary to the performance of the CITY's work under this CITY Services Agreement: City of San Bernardino Parks, Recreation & Community Services — CAPS Program Page 2 of 6 2004-233 Contract No.: 04/05-880-0124 POA Agreement. The CITY understands that all information provided to the CITY is the property of the DISTRICT and shall not be removed from the DISTRICT's possession. Failure to keep such information confidential and/or failure to return information requested by the DISTRICT is reasonable cause for termination of this Agreement and may subject the CITY to liability for damages to the DISTRICT. B. The DISTRICT reverses the right to add to or substitute grants as long as the cost remains within the agreed upon maximum amount IV. CITY'S FEE AND PAYMENT THEREOF A. The DISTRICT agrees to compensate the CITY for services rendered in a total amount not to exceed $360,251.00 (three hundred sixty thousand dollars two hundred fifty one dollars). The CITY may invoice the DISTRICT, on a monthly basis, as the work progresses for that portion of the work that has been completed. The invoice shall describe in detail the services rendered and must include the CITY's Social Security or Federal Tax I.D. Number. Payment to the CITY shall be made by the DISTRICT after the receipt and approval of the invoice. B. The CITY's fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the CITY under this Agreement. C. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CITY under this Agreement. D. The CITY is aware that under California law, no disability or unemployment insurance will be deducted from payments made to CITY or paid by the DISTRICT out of DISTRICT funds. CITY further recognizes that CITY cannot claim unemployment benefits after services have been completed. E. If the CITY is receiving any type of retirement benefits, such as those from California State Teacher's Retirement System (STRS) or Public Employee's Retirement System (PERS) or other retirement plan, or Social Security, or other similar benefits, the DISTRICT and the CITY are both aware that continuance of said benefit amount, is or may be subject to certain limits on current annual income from public schools and/or other sources in order to maintain full benefits. The CITY understands and acknowledges that it has full responsibility for being aware of any limits and monitoring and not accepting or contracting to accept income in excess of said limits. Furthermore, the CITY specifically agrees to indemnify, defend, and hold harmless (as defined in Section VI) the DISTRICT, from any liability or damages resulting from receipt of monies paid under this agreement, which adversely affect the CITY's own retirement benefits. V. INVOICES Any invoices submitted for these services shall be sent directly to: Bobby Pregmon 2204 Sunrise Lane, Apt. #A1 San Bernardino, California 92404 CITY Services Agreement: City of San Bernardino Parks, Recreation & Community Services— CAPS Program Page 3 of 6 2004-233 Contract No.: 04/05-880-0124 POA The Agreement number on the upper left side of this page should always be referenced in any correspondence or invoices pertaining to this Agreement to the DISTRICT. The invoice shall describe in detail the services rendered and must include the CITY 's Social Security or Federal Tax I.D. Number. The DISTRICT shall make payment to the CITY after receipt and approval of the invoice(s). VI CANCELLATION FOR NON-PERFORMANCE OR NON-COMPLIANCE OF CITY A. If, at any time during the performance of this Agreement, the DISTRICT determines, at the DISTRICT's sole discretion, that the CITY's services are not achieving the results required hereunder, the DISTRICT shall be obligated to pay the CITY only for that portion, if any, of the results achieved. B. Non-compliance by the CITY with the terms of this Agreement shall be cause for suspension and/or termination by the DISTRICT. The DISTRICT shall provide written notice to the CITY including the reasons for suspension or termination under this provision. If the Contract is suspended, the CITY shall have five (5) business days to cure the condition(s) for which the suspension was given or the contract will be terminated. VII HOLD HARMLESS The CITY hereby agrees to indemnify, defend, and hold harmless the DISTRICT and its departments, agents, officers, and employees from any and all claims or sums which the DISTRICT or any of its departments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to property or injury or death of persons, arising out of the performance of the services rendered by the CITY or caused by any error, omission, or act of the CITY or of any person employed by the CITY or of any others for whose acts the CITY is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. VIII. SPECIAL PROVISIONS A. INSURANCE REQUIREMENTS The CITY shall comply with all applicable federal, state and local laws, rules, regulations, and ordinances, including workers compensation insurance laws. The CITY understands that as an independent contractor, it is not covered by any type of DISTRICT insurance, including workers compensation insurance. The CITY shall provide, through insurance policies or self-insurance, workers compensation insurance coverage for its employees who provide services hereunder, and insurance coverage for any and all claims for damages, injury, death or liability it may sustain or impose on others including the DISTRICT. The DISTRICT understands that the CITY may use independent contractors, volunteers, or others not covered by the CITY's workers compensation insurance coverage, to provide services hereunder. The CITY shall advise such persons providing services hereunder at the direction of the CITY that workers compensation insurance is not provided by the DISTRICT and the CITY shall hold the DISTRICT harmless from any and all claims for damages that may be asserted by such persons. CITY Services Agreement: City of San Bernardino Parks, Recreation & Community Services — CAPS Program Page 4 of 6 2004-233 Contract No.: 04/05-880-0124 POA B. ASSIGNMENT The CITY shall not in any manner, directly or indirectly, by operation of law or otherwise, assign, transfer or encumber this Contract or any portion hereof of any interest herein, in whole or in part, without the prior written consent of the DISTRICT. If consent is not given by the DISTRICT to assign, transfer, or encumber this Contract, such action shall be deemed automatically void. This Agreement shall not be assignable except with the mutual written consent of the parties hereto. C. MODIFICATION This Agreement may be amended by the mutual written consent of the parties hereto. If any actual or physical deletions or changes appear on the face of the Agreement, such deletions or changes shall only be effective if the initials of both contracting parties appear beside such deletion or change. IX. DISTRICT AND PUBLIC POLICIES A. By signing this agreement the CITY acknowledges receipt and acceptance of the following DISTRICT policies: 1. Smoking and Use of Tobacco at District Facilities Policy (No. 3520a-b). 2. Affirmative Action Program for Equal Employment Opportunity Policy (No. 4136). 3. Nondiscriminatory Harassment Policy (No. 4136.1a-c). 4. Drug -Free Workplace Policy (No. 4205). B. All parties agree that the CITY shall abide by the same terms and conditions of conduct as is expected of DISTRICT employees in each of these policies, without the implication of employment. It is further understood that failure to abide by these policies may result in immediate termination of this agreement and, in addition, may result in other personal legal avenues of remedy on the part of the individuals involved. While it is acknowledged that these policies specifically address employees of the DISTRICT, it is understood that the CITY is not an employee of the DISTRICT. C. The CITY certifies it will not discriminate on the basis of race, color, national origin, ancestry, sex (including sexual harassment), marital status, handicap, disability, medical condition, religion, or age in any of its policies, procedures, or practices in compliance with: 1. Title VI and VII of the Civil Rights Act of 1964. as amended (Pertaining to race, color, national origin, and religion); 2. Title IX of the Education Amendments of 1972 (Pertaining to sex discrimination); 3. Section 504 of the Rehabilitation Act of 1973 (Pertaining to handicap); 4. The Age Discrimination Act of 1975 (Pertaining to age); 5. The Fair Employment and Housing Act CITY Services Agreement: City of San Bernardino Parks, Recreation & Community Services — CAPS Program Page 5 of 6 2004-233 Contract No.: 04/05-880-0124 POA (Pertaining to ancestry, race, national origin, color, sex, religion, physical or mental disability, medical condition, marital status, and age over 40); and, 6. The Americans with Disabilities Act of 1990 (Pertaining to disability) It is the responsibility of the CITY to ensure that those employed by or subcontracted by the CITY also adheres to DISTRICT and Public Policies. These non-discrimination policies cover admission and access to, and treatment and employment in, the DISTRICT's programs and activities. X. COMPLETE AGREEMENT This document represents the entire agreement and understanding between the DISTRICT and CITY. The terms of this Agreement will prevail over any different or additional terms in any other agreement. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO PARKS, SAN BERNARDINO CITY UNIFIED SCHOOL RECREATION AND COMMUNITY SERVICES DISTRICT DEPARTMENT /L MUEL P. RA OLP Director Date: Assistant Superintendent Business Services Division Date: CITY Services Agreement: City of San Bernardino Parks, Recreation & Community Services — CAPS Program Page 6 of 6 San Bernardino City Unified School District Purchasing Services Division �- Contractor Certification -- Concerning Department of Justice (DOJ) fingerprint and criminal background y Investigation requirements of Education Code section 45125.1 at seq. With respect to the Agreement dated , between the San Bernardino City Unified School District— "DISTRICT"and City of SanBernardino Parks. Recreation & Community Services Dept. —"CONTRACTOR," for provision of Providing Contractual Services For Before & After School Recreation Program at School District Sites. services: REQUIREMENTS MET A) ❑ The CONTRACTOR hereby certifies to the DISTRICT's governing board that It has completed the criminal background check requirements of Education Code (EC) section 45125.1 and that none of its employees that may come into contact with DISTRICT students have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c). --O R-- IMPORTANT NOTICE: IF YOU ARE REQUESTING A WAIVER, BE ADVISED THAT NO SERVICES ARE TO BE PROVIDED UNTIL SUCH WAIVER IS APPROVED. REQUEST FOR WAIVER B) ❑X The CONTRACTOR requests a waiver of the Department of Justice(DOJ) fingerprint and criminal background investigation for the following reason(s) permitted by Education Code section 45125.1 et seq. ❑ The CONTRACTOR and its employees will have NO CONTACT with pupils. (No school -site services will be provided.) ❑ The CONTRACTOR and its employees will have LIMITED CONTACT with pupils. (Attach information about length of time on school grounds, proximity of work area to pupil areas, whether CONTRACTOR/its employees will be working by themselves or with others, and any other factors that substantiate limited contact.) [EC 45125.1(c)] ® The CONTRACTOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupils but will assure that ONE(1) OR MORE of the following methods are utilized to ensure pupil safety. [EC 45125.2(a)) -- Check all methods to be used: ❑ 1) Installation of a physical barrier at the worksite to limit contact with pupils ® 2) Continual supervision and monitoring of all employees of the CONTRACTOR by an employee of the CONTRACTOR who has not been convicted of a serious or violent felony as ascertained by the DOJ ® 3) Surveillance of employees of the CONTRACTOR by school personnel ❑ The services provided by the CONTRACTOR are for an "EMERGENCY OR EXCEPTIONAL SITUATION, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable" [EC 45125.1(b)] CERTIFICATION I WAIVER REQUEST BY CONTRACTOR AUTHORIZED AGENT: Director Signature Title Date BOTH APPROVALS BELOW ARE REQUIRED: Office WAIVER REQUEST: APPROVED DENIED — use only By: Date Mohammad Z. Islam, Assistant Superintendent Business Services Division OR other Authorized Agent WAIVER REQUEST: APPROVED- DENIED—Ej Date Harold Volikommer, Assistant Superintendent, Human Resources Division OR other Authorized Agent Vendor/Customer Name and Address (Type or place label here) IRKS, RECREATION & Cnu' 'e'!'P%ITY SERVICES I 547 Ncr,h Ciara iNay San Bernardino, California 92410-4816 Vendor Tax Information (Substitute Form W-9) INDIVIDUAL Name of Individual as it appears on Social Security Card Social Security Number (SSN) Resident of California(Check one) YES 0 NO SOLE PROPRIETOR Name of Individual Owner Business Name Taxpayer Identification Number / SSN (Use number that income from business will be reported under) Resident of California(Check one) YES 0 NO PARTNERSHIP Name of Partnership Federal Identification Number Resident of California(Check one) YES 0 NO CORPORATION Name of Corporation Federal Identification Number Qualified to do business in California and/or perma- nent place of business in California(Check one) YES NO TAX EXEMPT ORGANIZATIONIENTITY Name of Organization or Entity City Of San Rprnardinn Department or Unit, if applicable Parks/Recreation Qppartmpnt Federal Identification Number95-6000772 Why Are You Tax Exempt? Local Government/Subdivision I her y certify under nalty of perjury that the information provided on this document is true and correct. Account Manager ) J =/" ), V 384-5544 Si natur Title Date Tel No. Return this Form to: Failure to furnish correct information and return SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT this form will subject our payment(s) to you to 777 North 'F' Street 31% backup withholding per IRS regulations. San Bernardino, CA 92410-3017 Attn: Peace Aneke, Contract Anal st W-9FORM 123-594-5014 Parks Recreation Caps Site Budgets 04/05 Site Grant 1i Total Grand Totals 458 Arrowhead $ 14,137.31 Barton $ 34,369.36 _ Burbank _ $ 17,930.75 Fairfax _ it $ 19,198.84 Hillside $ 8,507.55 Inghram _ �— $ 16,164.09 Lincoln $ 14,151.72 Lytle Creek _ $ 13,219.15 Monterey $ 35,891.83 Mt Vernon _ $ 31,147.40 Newmark $ 22,183.27 Roosevelt $ 37,219.91 Office $ 9,804.13 Wilson -- - - - ..-- - - - $ 8,966.63 $ 282,891.94 565 Wilson $ 4,255.02 Rio Vista $ 17,864.10 $ 22,119.12 - - _ -- 477 Muscoy $ 37,793.46 Riley $ 8,898.97 478 T — $ 46,692.43 Emmerton _ $ 8,507.55 $ 8,507.55 --- --- -- 472 -- - - Warm Springs $ 4,255.02 $ 4,255.02 � $ 360,211.04