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HomeMy WebLinkAbout2001-112 ,. ']. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE 3 AN AGREEMENT WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO CONTINUE YOUTH MENTO RING SERVICES THROUGH THE JUVENILE 4 MENTORING PROGRAM (JUMP) GRANT. RESOLUTION NO. 2001-112 5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby 9 authorized and directed to execute an agreement with San Bernardino Unified School District to 10 continue the Youth Mentoring Services through the Juvenile Mentoring Program (JUMP) Grant. 11 12 A copy of said agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 13 14 SECTION 2, The authorization granted hereunder shall expire and be void and of no 15 further effect if the agreement is not executed by both parties and returned to the Office of the 16 City of Clerk within sixty (60) days following the effective date of the resolution. 17 III 18 III 19 III 20 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III III . 2001-112 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 1 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 2 TO CONTINUE YOUTH MENTORING SERVICES THROUGH THE JUVENILE MENTO RING PROGRAM (JUMP) GRANT. 3 4 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 5 Meeting, day of May . 200 I, by the following vote to AYES NAYS ABSTAIN ABSENT x x x x x x x 17 18 19 20 21 Approved as to form 22 And Legal content: C(~ b.~ RacH G. Clark, City Clerk The foregoing resolution is hereby approved this 25th day of May ,2001. TH V ALLES, MAYOR of San Bernardino 23 James F. Penman 24 City Attorney 25 26 04- I-dlb Mentoring (JUMP) Grant 27 28 ., 2001-112 .'1RIGIr.,!l L ';,j l\ ,,"_:\ SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 AGREEMENT FOR CONTINUED PARTICIPATION IN THE JUVENILE MENTORING PROGRAM (JUMP) GRANT THIS AGREEMENT, made and entered into this 1st day of April, 2000, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT" and the CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as the "ORGANIZATION," R E C I TAL S: 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 ORGANIZATION itself is, or those hired by the ORGANIZATION are, specially trained, experienced and competent to render the special services required by the DISTRICT, and such services are needed on a limited basis; NOW, THEREFORE, the DISTRICT and the ORGANIZATION mutually agree as follows: I. Agreement Term This Agreement shall be for a period beginning April I, 2000, and continuing through September 30,2001. Upon a showing of good and sufficient cause by the ORGANIZATION, the DISTRICT may at its discretion, grant such extensions of time as it may deem advisable in which the ORGANIZATION may accomplish the results required hereunder. II. ORGANIZATION's Work The ORGANIZATION will provide services in accordance to the grant goals and terms ofthe Juvenile Mentoring Program (JUMP) Grant as determined by the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP), The San Bernardino County Department of Probation will refer at-risk students, currently enrolled in the DISTRICT's eligible schools, to the program, The ORGANIZATION's activities are to be in conformance with DISTRICT policies and are to be provided as a means to enhance the DISTRICT's educational goals for students, A, The ORGANIZATION shall advise the DISTRICT's Youth Services Director of which schools the ORGANIZATION plans to provide on-campus activities, The ORGANIZATION agrees to immediately inform the DISTRICT of any changes in school sites, B, The ORGANIZATION staff shall abide by a mutually accepted and pre-approved schedule of days and hours when services may be provided, The ORGANIZA nON staff agrees to check in with the school or site administrator prior to entering the campus and will be under the administrator and school counselor general supervision while on campus. Mental health services will be at the discrepancy of the school administrator. 1 2001-112 C, The ORGANIZATION staff will be permitted on DISTRICT premises for the purpose of providing or assisting DISTRICT staff with on-campus project coordination, casework management, and monitoring, These services may include group counseling, group presentations, and classroom activities, They may also include parent support group meetings and volunteer inservices, Services are limited to those specifically stated within the JUMP Grant guidelines and agreed upon by the Youth Services Director, D, The ORGANIZATION agrees to become familiar with and abide by DISTRICT policies, procedures, rules and regulations while in the performance of any the services herein, E, The ORGANIZATION agrees to utilize standard and mutually accepted procedures during the provision of services. The ORGANIZATION shall provide a full-time coordinator and appropriately trained staff and volunteers, In addition, any ORGANIZATION staff member providing group counseling shall have received Basic Group and Facilitator training provided by an agency acceptable to the DISTRICT. F, If during the provision of services the ORGANIZATION or it staff becomes aware of a situation, which could potentially result in a safety issue such as bodily injury or death, property damage, or illegal activity, the ORGANIZATION agrees to immediately advise the school administrator. If the ORGANIZATION identifies a student who may qualify for a referral for counseling or other services or if the ORGANIZATION has other recommendations or concerns for a particular student, the ORGANIZATION shall make these recommendations to the Youth Services Director, The ORGANIZATION shall not make any direct referrals of students, Only the Youth Services Director may make referrals of students, G, The ORGANIZATION may develop and distribute program brochures and forms, and appropriate letters for schools sites, However, the DISTRICT's Assistant Superintendent, Student Services, must approve all materials prior to distribution. Once approved, the DISTRICT's "Flyer Distribution" procedures (through the Business Services Division) must be followed, H. The ORGANIZATION agrees to not knowingly solicit, advertise, recommend, refer, suggest, or otherwise encourage the use of the ORGANIZATION's off-campus facilities by students or their families who are participating in the on-campus counseling programs. It shall be at the DISTRICT's sole discretion, whether an ORGANIZATION recommended referral is an appropriate option and eligible to be included in a list of referral options, I. It is not anticipated that parent/legal guardian permission will be required for any services or activities. In the event that a service or activity does legally require parent/legal guardian permission, the ORGANIZATION shall ensure that the student does not participate unless parent/legal guardian permission has been obtained to allow the students' participation, The ORGANIZATION shall notify the DISTRICT ofthis requirement and the DISTRICT will obtain the necessary permission from the parent/legal guardian, The ORGANIZATION is not to contact parents/legal guardians without the knowledge of the Youth Services Director. J, The ORGANIZATION agrees to comply with and not cause interference in normal school operations, The ORGANIZATION shall minimize any disruption of student class attendance in connection with the ORGANIZATION's activities, K, The ORGANIZATION agrees to coordinate services to provide and match students to volunteers on a one-to-one ratio; 40 in the first and second years, and 50 in the third year. 2 .' 2001-112 L. The ORGANIZATION will agenda, schedule, conduct, and produce minutes for monthly Mentor Support meetings and monthly Advisory Board meetings, M. The ORGANIZATION will provide the DISTRICT's Youth Services Director with quarterly evaluation reports on the progress of the program, The ORGANIZATION agrees to prepare other reports and provide documentation of activities as requested by the DISTRICT, The ORGANIZATION shall work in cooperation with the DISTRICT to conduct a formal evaluation of the program objectives, statistical data, and participant feedback, N. The ORGANIZATION agrees to cooperate with the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) and those in connection with the Juvenile Mentoring Program (ruMP) Grant. 0, The ORGANIZATION agrees to conduct an annual Volunteer Awards Ceremony. III. MENTORS The ORGANIZATION will attempt to commit each mentor to work for one-full school year. The ORGANIZATION's program will ensure mentors meet with students a minimum of one hour per week at their assigned campuses; provide at least one on-the-job contact, for observation, shadowing, etc,; maintain student confidentiality; arrange for regular contact with students' counselors; and, actively participate in at least one of the following activities: Mentor Career Day/Shadowing, Volunteer Days at School Campuses or Community Involvement Day. A, Mentors will be expected to pass all provisions found in Section VJ.B, (background and fingerprint requirements) B, Mentors will be required to obtain and pass a Tuberculosis Test. IV. Financial Provisions A, The DISTRICT agrees to compensate the ORGANIZATION for services rendered to accomplish the results required hereunder, not to exceed $190,000,00, The ORGANIZATION may invoice the DISTRICT 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 ORGANIZATION's Social Security or Federal Tax J.D. Number. Payment to the ORGANIZATION shall be made by the DISTRICT after receipt and approval of the invoice, Invoices may be submitted after completion of: Entire Project Each one-half n n Each one-third n Ixl Each one- fourth B, This Agreement is contingent on the availability of grant funds and may be cancelled if grant funds become unavailable, In the event that the grant is reduced, this Agreement may be amended to account for the reduction in available funding. The DISTRICT reserves the right to substitute other grants, when/if available should the intended grant become unavailable. C, Any expenditures incurred or services provided by the ORGANIZATION that are inconsistent with the JUMP grant program and do not qualify for grant funds as determined by the United States Department of Justice, Office of Juvenile Justice and 3 ! . 2001-112 Delinquency Prevention (OJJDP) or by the DISTRICT acting as the fiscal agent for the OJJDP will be the sole responsibility of the ORGANIZATION. Any services provided in excess of grant funds shall be the responsibility of the ORGANIZATION, Iffor any reason grant funds are disallowed, but the ORGANIZATION had already received payment, the ORGANIZA TION agrees to promptly repay all disallowed funds, D, The ORGANIZATION's fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the ORGANIZATION under this Agreement. There shall be no separate cost to the school, students, or parents/legal guardians for any ofthe services provided under this Agreement. E, The DISTRICT will not withhold federal or state income tax deductions from payments made to the ORGANIZATION under this Agreement. F, The ORGANIZATION is aware that under California law, no disability or unemployment insurance will be deducted from payments made to the ORGANIZATION or paid by the DISTRICT out of DISTRICT funds. ORGANIZATION further recognizes that ORGANIZA TION or any of its agents, officers, employees, or mentors can claim unemployment benefits after services have been completed, G, If the ORGANIZATION or any of its agents, officers, employees, or mentors 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 ORGANIZATION 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, The ORGANIZATION 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 ORGANIZATION specifically agrees to indemnify, defend, and hold harmless (as defined in Section VIII) the DISTRICT, from any liability or damages resulting from receipt of monies paid under this Agreement, which adversely affect the ORGANIZATION's own retirement benefits. V. Insurance Requirements A, During the entire term of this Agreement and any extension or modification thereof, the ORGANIZATION 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: I, Comprehensive General Liability Insurance with combined single limits for bodily injury and property damage of at least $1,000,000,00 per occurrence; and, 2, Professional Liability/Errors and Omissions Liability Insurance with limits of at least $1,000,000,00 per claim and in the aggregate; and, 3, Workers' compensation Insurance or a State approved Self Insurance Program in an amount and fonn to meet all applicable requirements of the Labor Code of the State of California, covering all persons providing services on behalf of the ORGANIZA nON under this Agreement and at all risks to such persons, B, Not later than ten (10) calendar days after the date of execution of this Agreement, and 4 , , " 2001-112 prior to commencement of any work hereunder, the ORGANIZATION 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. C. 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 commencement of any work hereunder, the ORGANIZATION shall provide the DISTRICT with a copy of these endorsements, D, Notwithstanding the insurance requirements set forth in Section Y, evidence by the organization of a bona fide self-insurance program for $1,000,000,00 will satisfy and be deemed to have met all such requirements, All notices and/or invoices shall be in writing and shall be sent to the following addresses: DISTRICT: San Bernardino City Unified School District Business Services Division Linda Smerber, Contract Analyst 777 North "F" Street San Bernardino, CA 924 I 0 ORGANIZATION: City of San Bernardino, Parks, Recreation & Community Services Annie F, Ramos, Director 300 North "D" Street San Bernardino, CA 924 I 8 VI. Responsibilities of the ORGANIZATION A, The ORGANIZATION's services will be provided on an as-needed basis to accomplish the results required under this Agreement. B, The ORGANIZATION agrees to conduct and certify to the DISTRICT's governing board that it has completed any background check requirements of Education Code sections 45122. I and 45125, I 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 ORGANIZATION. C, The ORGANIZATION understands that, as an independent agent, it is not an employee ofthe DISTRICT and agrees that it will not purport to be nor represent itself as a DISTRICT employee, officer, or agent. The ORGANIZATION agrees that it will not act as nor perform in the capacity of a DISTRICT employee, The ORGANIZATION 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 ORGANIZATION is an employee or representative of the DISTRICT, 5 " 2001-112 VII. Information Provided bv the DISTRICT The DISTRICT will prepare and furnish to the ORGANIZATION upon the ORGANIZATION's request, such information as is reasonably necessary to the performance of the ORGANIZATION's work under this Agreement. The ORGANIZATION understands that all information provided to the ORGANIZATION 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 ORGANIZATION to liability for damages to the DISTRICT, The information to be released will be at the discretion of the DISTRICT's Youth Services Director, and may include the following: A, Academic, attendance, and suspension/expulsion records for participating students. B, Appropriate records to confirm identification of participating students, C, The DISTRICT will advise and assist the ORGANIZATION of the appropriate academic needs of students participating in the program and assist with student orientation and training, This will include assistance in matching ORGANIZATION mentors with students, D. The DISTRICT will encourage parent participation in the Mentor/student relationship, E, The DISTRICT agrees to attend or send representatives to all Mentor Support and Advisory Board meetings, VIII. Cancellation for Non-Performance or Non-Compliance of ORGANIZATION A, If, at any time during the performance of this Agreement, the DISTRICT determines, at the DISTRICT's sole discretion, that the ORGANIZATION'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 ORGANIZATION's services hereunder, In the event of such cancellation, the DISTRICT shall give written notice to the ORGANIZATION of such cancellation, In the event of cancellation for unsatisfactory performance, the DISTRICT shall be obligated to pay the ORGANIZATION only for that portion, if any, of the results achieved, B, Non-compliance by the ORGANIZATION with the terms of this Agreement shall be cause for termination by the DISTRICT, IX. Hold Harmless The ORGANIZATION 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 ofthe services rendered by the ORGANIZATION or caused by any error, omission, or act of the ORGANIZATION or of any person employed by the ORGANIZATION or of any others for whose acts the ORGANIZATION is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees, 6 " 2001-112 X. Special Provisions A, The ORGANIZATION shall comply with all applicable federal, state and local laws, rules, regulations, and ordinances, including workers compensation insurance laws, The ORGANIZATION understands that as an independent contractor, it is not covered by any type of DISTRICT insurance, including workers compensation insurance, The DISTRICT understands that the ORGANIZATION may use independent contractors, volunteers, or others not covered by the ORGANIZATION's workers compensation insurance coverage, to provide services hereunder. The ORGANIZATION shall advise such persons providing services hereunder at the direction ofthe ORGANIZATION that workers compensation insurance is not provided by the DISTRICT and the ORGANIZATION shall hold the DISTRICT harmless from any and all claims for damages that may be asserted by such persons, B, The ORGANIZATION 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: " 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); . The Age Discrimination Act of 1975 (pertaining to age); " The Fair Employment and Housing Act (pertaining to ancestry, race, national origin, color, sex, religion, physical or mental disability, medical condition, marital status, and age over 40); and, " 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 except with the mutual written consent of the parties hereto, 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, 7 . 2001-112 IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below, CITY OF SAN BERNARDINO, PARKS, RECREATION & COMMUNITY SERVICES SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (;UfA/ 7 I2Jt~ ANNIE F, RAMOS Director Parks, Recreation & Community Services Department ~-3L - S, BAIL . Assistant Superintendent Business Services Division Date: 5-.3<;-0/ Date: HAY 1 5 1~~1 APPROVED AS TO FORM AND LEGAL CONTENT. JaIT'CS F, Penman, City At orney 8