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HomeMy WebLinkAbout2003-257 .. 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 NO. 2003-257 RESOLUTION AUTHORIZING THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS AT COLE ELEMENTARY SCHOOL. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said City an Agreement with City of San Bernardino Unified School District related to the Prime Time Program for the period of August 5, 2003 through June 30, 2004, a copy of which 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within one hundred twenty (120) days of the passage of this resolution. III III III III III III III III III 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 2003-257 RESOLUTION AUTHORIZING THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS AT COLE ELEMENTARY SCHOOL. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a it. reg. meeting thereof, held on the 15th day of September Council Mernbers: AYES ESTRADA X LIEN LONGVILLE X MCGINNIS X DERRY X - SUAREZ X ANDERSON X MCCAMMACK X , 2003, by the following vote, to wit: NAYS ABSTAIN ABSENT Kaek~ D8. C~ fl/Jo b 0~e~~.:~k:~~~~ ~ The foregoing resolution is hereby ~roved thisWWr'J~ay of septeme 2003. Approved as to Form and legal content: t:[' [' U~ ,).tidi Valles, Mayor //Cit of San Bernardino JAMES F. PENMAN, City Attorney "(J- 1.P~ 2003-257 San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92410 ORIGINAL Contract No.: 03/04-1] 6-Q120EF CITY OF SAN BERNARDINO AGREEMENT FOR PARTICIPATION IN THE PRIME TIME PROGRAM - COLE ELEMENTARY SCHOOL THIS AGREEMENT is made and entered into August 5, 2003, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, located at 777 North "F" Street, San Bernardino, CA 92410, hereinafter referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO by and through the PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT, whose Parks & Recreation office is located at 547 North Sierra Way, San Bernardino, CA 92410, hereinafter referred to as the "CITY." R E C I TAL S: WHEREAS, the DISTRICT, in compliance with the terms of the 21st Century Community CITY Learning Grant, has developed the Prime Time Program, which has budgeted for selected community CITY s to develop programs that include organized after school activities for DISTRICT students; and, WHEREAS, the CITY is a community CITY which will be available for students to voluntarily participate in its organized after school activities, with parental consent, and in addition agrees to encourage learning and reinforce educational skills; and, WHEREAS, the CITY itself is, or those hired by the CITY are experienced and competent to render the services required by the DISTRICT, and such services will encourage community involvement to enhance student education bettering the community as a whole; and NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: I. Al!reement Term This Agreement shall be for a period beginning September 17, 2003, through June 30, 2004. Upon recommendation of the site to be serviced, Cole Elementary School, the DISTRICT shall have the right to change or reduce the level of services to be provided under this Agreement, with thirty (30) days written notice to the CITY. Specific services scheduled may be rescheduled upon mutual agreement. 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 extension of time has been granted. II. DISTRICT Goals The CITY, in collaboration with the San Bernardino City Unified School District, will organize after school programs with a variety oflearning experiences involving art, fitness, and sports skills. "After school" is described as any time before or after the students' regular school hours, including summer/intersession periods and weekends. This collaborative effort is hereinafter referred to as the PRIME TIME PROGRAM (PROGRAM). The PROGRAM is sponsored and funded by the 21 st Century Community CITY Learning Grant and therefore is subject to the terms of the grant guidelines. The CITY agrees to conduct their services in compliance with the terms of the grant, since funding is contingent on receipt of the grant funds, failure to do so could result in the rejection of any invoices with services or terms that fail to comply. Primetime Agreement: City of San Bernardino Parks. Recreation, & Community Svcs-Colc Elementary School Page I of7 2003-257 Contract No.: 03/04.116-0120EF The DISTRICT's goal is to increase test scores, decrease retention rates, and improve student attendance through a positive relationship. The DISTRICT hopes to achieve this goal with the support of the CITY. A DISTRICT coordinator will oversee the operation of the PROGRAM and will assist the CITY with meeting the expectations of the DISTRICT. III. CITY's Work Each community CITY is chosen based on their ability to perform to the standards and needs of the DISTRICT, as solely determined by the DISTRICT. Criteria involve the CITYs ability to provide, acquire a site or the use of a site, personnel, and services that conform to the needs of the students participating in the PROGRAM. The CITY agrees to encourage students' learning, reinforce skills, and provide extended educational support. The CITY's PROGRAM PROVIDER PROPOSAL, which outlines the CITY's provisions, are attached hereto, and considered a part of this agreement. The CITY is expected to adhere to the terms of their proposal and comply with the terms of the PROGRAM. The DISTRICT's coordinator will assist the CITY when and if adjustments are necessary. Failure to cooperate or achieve goals is cause for immediate removal from the PROGRAM. If a CITY fails to thrive or be productive in achieving sufficient enrollment, it is at the DISTRICT's sole discretion whether to keep the CITY in the program. A. The CITY will provide youth karate lessons, intramural sports, and cheer leading to students at Cole Elementary School, located at 1331 Cole Avenue, Highland, CA 92346. B. The CITY shall be available to any DISTRICT student seeking help and is available on a voluntary basis. The CITY is not a substitute for the students' educational needs, but rather a place they may voluntarily seek additional help and support. C. Students will not be charged for attendance at the CITY, or for any help. D. The CITY shall identify at-risk students and cooperate with the DISTRICT to offer additional help and encouragement to these students. E. The CITY will provide sufficient staff or volunteers to meet the support needed to meet the demand of DISTRICT students. The CITY is required to provide a positive learning atmosphere to encourage students to learn and reinforce their educational skills and strategies. IV. CITY Evaluation The CITY will be subject to the DISTRICT coordinator site evaluations. Evaluations may be unannounced. The CITY must be available for visitation and/or review of its progress by the coordinator at any time throughout the duration of the grant. The coordinator may inspect the facility, its accommodations, volunteer/employee interactions with students, or financial records related to the PROGRAM. The CITY shall give recognition to the source of the grant funds and any other support provided by the DISTRICT during the term of the grant. The CITY shall be required to maintain the following records/evaluations to help the coordinator assess progress and achievements in accordance with the PROGRAM's expectations: A. Attendance logs are to be kept to measure participation rates. B. Pre and post assessment of activities and projects will be monitored, evaluated, and summarized. Primetime Agreement: City of San Bernardino Parks, Recreation. & Community Svcs-Colc Elementary School Page 2 of? 2003-257 Contract No.: 03/04-1 16-0120EF C. Student/parent surveys shall be completed. The evaluation process is used to assist the DISTRICT in identifying whether the CITY is productive and meets the DISTRICT's intended goals. V. Payments A. The DISTRICT agrees to compensate the CITY for services rendered to accomplish the results required hereunder, at a rate of$5.00 per student per lesson, for a total not to exceed amount of $45,200,00. The CITY may invoice the DISTRICT as each session or series is completed. The invoice shall describe in detail the services rendered and must include the CITY's Social Security or Federal Tax J.D. Number. The DISTRICT shall make payment to the CITY after 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 the 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, or anyone hired by the CITY, is receiving any type of continuing retirement benefits, such as those from California State Teacher's Retirement System (STRS) or Public Employees 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 benefits or continuance at the same 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. F. The CITY and those hired by 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 and those hired by the CITY, specifically agrees to indemnify, defend, and hold harmless (as defined in Section IX) the DISTRICT, from any liability or damages resulting from receipt of monies paid under this agreement, which adversely affect the CITY or those hired by the CITY. G. The CITY shall complete and return to the DISTRICT the Internal Revenue Service Form W -9 when requested to do so by the DISTRICT. VI . Responsibilities of the CITY A . The CITY is ultimately responsible for the results to be achieved under this agreement. The CITY itself, or others hired by the CITY and under the control ofthe CITY, may provide the services necessary to achieve the results required under this agreement. The CITY shall provide its services at such times as the CITY itself determines within the scope of the results to be achieved. Primetime Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page 3 of? 2003-257 Contract No.: 03/04-1 16-0120EF B. 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. C. The CITY's services will be provided on an as-needed basis to accomplish the resultsrequired under this agreement. D. The CITY shall provide its services at such times as the CITY itself determines within the cope of the results to be achieved. If the CITY or any of its employees, volunteers, or other staff members, are regular employees of a public agency (any governmental agency or any agency supported by public tax dollars), all services which the CITY renders under this Agreement will be performed at times other than the DISTRICT'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. E. The CITY shall provide all of its own supplies, equipment, and facilities as may be necessary within the scope of the results to be achieved and may not charge any fees to students attending the CITY to recapture these costs. F. 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 implernent this requirement will be the sole responsibility of the CITY. G. 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 ernployee, 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. VII. Information Provided bv the DISTRICT The DISTRICT coordinator 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 agreement. The CITY understands that all information provided to the CITY is the property of the DISTRICT and shall not be removed from the coordinator's possession. Failure to keep such information confidential and/or failure to return information requested by the coordinator is reasonable cause for termination of this agreement and rnay subject the CITY to liability for damages to the DISTRICT. Primetime Agreement: City of San Bcmardino Parks, Recreation. & Comlllunity Svcs-Co1c Elementary Schoo] Page 4 01'7 2003-257 Contract No.: 03/04-116-0120Ef VIII. 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 have the right to cancel this Agreement and terminate the performance of the CITY's services hereunder. In the event of such cancellation, the DISTRICT shall giye written notice to the CITY of such cancellation. In the event of cancellation for unsatisfactory performance, 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 termination by the DISTRICT. C. The CITY's failure to perform as agreed on their Program Provider Proposal shall be cause for immediate termination of this Agreement. IX, 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. The DISTRICT hereby agrees to indemnify, defend, and hold harmless the CITY and its departments, agents, officers, and employees from any and all claims or sums which the CITY 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 DISTRICT or caused by any error, omission, or act of the DISTRICT or of any person employed by the DISTRICT or of any others for whose acts the DISTRICT is legally liable. Said sums shall include, in the event oflegal action, court costs, expenses oflitigation, and reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY or DISTRICT shall be considered as "attorney's fees" for the purpose of this paragraph. Primctimc Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page 5 of7 2003-257 Contract No.: 03104-] 16-012QEF X. Insurance Requirements During the entire term of this agreement and any extension or modification thereof, the CITY shall keep in effect a policy or policies, with an insurer satisfactory to the DISTRICT which carries a rating of no less than "A" as determined by Best's rating service, to the following requirements: Comprehensive General Liability Insurance with combined single limits for bodily injury and property damage of at least $1,000,000.00 per occurrence; and, Professional Liability/Errors and Omissions Liability Insurance with limits of at least $1,000,000.00 per claim and in the aggregate; and, Workers' compensation Insurance or a State approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, covering all persons providing services on behalf of the CITY under this agreement and at all risks to such persons. 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 rnay sustain or impose on others including the DISTRICT. The DISTRICT understands that the CITY rnay 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. Not later than ten (10) calendar days after the date of execution of this agreement, and prior to commencement of any work hereunder, the CITY shall provide to the DISTRICT satisfactory evidence of insurance confirming the above-specified coverages, including a provision for thirty (30) calendar days written notice to the DISTRICT before cancellation or material change can be affected in said insurance. On the policies of Comprehensive General Liability and Professional Liability/Errors and Omissions Insurance only, the DISTRICT shall be listed as an additional insured, by endorsement, effective for the term of the agreement. Not later than ten (10) calendar days after the date of the execution of this agreement, and prior to commencernent of any work hereunder, the CITY shall provide the DISTRICT with a copy of these endorsements. Not withstanding any of the provisions of paragraph X, evidence of a bonafide program of self insurance by CITY shall satisfy all of the insurance requirements of this paragraph. XI. Special Provisions A. This agreement will be construed under the laws of the State of California. The CITY shall comply with all applicable federal, state and local laws, rules, regulations, and ordinances. B. 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: Primetime Agreement: City of San Bernardino Parks, Recreation, & Community Svcs~Cole Elementary School Page 60f7 2003-257 Contract No.: 03/04-1 16-0120EF Title VI and VII of the Civil Rights Act of 1964. as amended (pertaining to race, color, national origin. and religion); Title IX of the Education Amendments of 1972 (pertaining to sex); Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); and The Age Discrimination Act of 1975 (pertaining to age); The Fair Emplovment and Housing Act (pertaining to ancestry. race, national origin, color, sex, religion, physical or mental disability, medical condition, marital status, and age over 40); The Americans with Disabilities Act of 1990 (pertaining to disability) This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICT's programs and activities. C. This agreement shall not be assignable. D. This agreement may be amended by the mutual written consent of the parties hereto. E. This agreement may be terminated by either party with a thirty-(30) day written notice. IN WITNESS WHEREOF, the parties have executed this agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT </' /J n~/H/I / 2- Date: r /2-<;){TJ M AMMAD Z. ISLAM Assistant Superintendent Business Services Division (909) 381-1100 q -3- 0 '> Date: Primetime Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page 7 of7 i . .",,- J.." ".....~""'~..... r 2003-257 [' PROGRAM PROVIDER PROPOSAL For Center Participation in the San Bernardino City Unified School District's PRIME TIME PROGRAM Name of Community Center Proyider (Center): City of San Bernardino Parks [, Recreation Address: 547.N. Sierra Way, San Bernardino. CA 92410 Contact Name: Tyrone Traylor Telephone Number: (909) 874-3423 Is this the location where services will be provided? Yes_ No --1L-lfno, or more than one site will be used, please provide all addresses, phone numbers, and a contact name for each site where seryices will be performed: 1331 Cole Ave.. Highland, CA 92346 (Cole Elementary School) Capacity or maximum number of students per site: 60 Staff ratio to student numbers (staff: student): 1-15 Datefrime the Center(s) is/are available: Start Seot. 11 Mon-Wed-Fri. 3: 450m to 4: 45 pm The Center agrees to maintain their facilities in a manner appropriate for the services they agree to provide, which includes adequate classroom furniture and equipment such as desks, tables, chairs, bulletin board, supplies, computers (when needed), etc. In addition the Center agrees to make available access to drinking fountains, and adequate restrooms and supplies, all to be proyided with suitable temperature control. Play areas will be fenced and secure from outside stimuli. Facilities are subject to unannounced District inspections at any time. Any facilities found, at the District's sole discretion, to not be appropriate or maintained in a safe and efficient manner, is cause for immediate suspension or cancellation of the Center's participation in this program. Seryices to be Performed -Planned activities: (be specific, i.e: sports/softball, volleyball, swimming, basketball; arts and crafts/painting, drawing, music; homework/computer skills-- please list all applicable-any changes must be by written approyal from the District): Youth Karate Grades 4th-6th Cheer leading Grades 4th-6th Basketball, Flag Football, Softball Grades 4th-6th Cost to provide the described services (please provide an itemized breakdown of cost per specific activity/student, as applicable, i.e.: softball 12 participants-entire $75.00 or $10.00 per participant): See attachment III Grant Agreement Page 1 " :::: ',;:0:..,,, ,..~., /,.~.~_:':,",.......,..,.,,:._ .... ...,i.:.... 2003-257 F~ .', By signing this proposal, the Center accepts responsibility for the actions of their staff and certifies that those hired by the Center are, specially trained, experienced, and competent to render the services required by the DISTRICT, and such services are contingent upon the availability of federal grant funds (21" Century Community Center Grant); the District reserves the right to add or substitute grants as long as the cost remains within the agreed upon maximum amount. The Center certifies it will not discriminate on the basis ofrace, 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 State and Federal laws. The Center 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 ofproyiding any contracted services described herein with the District. Any expenses incurred to implement this requirement will be the sole responsibility of the Center. The Center agrees to maintain applicable insurance requirements throughout the entire term of the agreement and. will proyide proof of insurance within 10 days of execution of the agreement. The Center agrees to name the District as additional insureds on all policies. If the Center is accepted to participate in this program this proposal will be attached and made a part of the agreement as if originally inserted. The undersigned affirms that they are an authorized representative of the Center and are legally authorized to encumber the services of the Center. Si~ 1J-- Tvrone Travlor Printed Name Community Center Manager . Title ?, II I oc/, Date Additional pages may be attached as necessary. Page 2