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Home My WebLink About2001-294 RESOLUTION NO. 2001-294 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL 3 DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby 8 authorized and directed to execute on behalf of said City, an agreement with the San Bernardino 9 City Unified School District to provide contractual services for after-school recreation programs 10 11 at school district sites. A copy of said agreement is hereby attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 12 13 SECTION 2. The authorization granted hereunder shall expire and be void and of no 14 further effect if the agreement is not executed by both parties and returned to the Office of the 15 City Clerk within 60 days following effective date of the Resolution. 16 III 17 III 2001-294 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 THE SAN BERNARDINO CITY UNIFIED SCHOOL 2 DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. 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 j oint regular 5 Meeting, day of September , 2001, by the following vote to AYES NAYS ABSTAIN ABSENT x x x x x x 16 MC CAMMACK 17 18 19 x 20 21 - b . Rf~hel G. Clark, City Clerk ~ VJWl1 cfltaJ Ykeilvn~ Wt-dJ--r The foregoing resolution is hereby approved this~ dJ,t $/ day of September ,"&>01. ~~ 22 23 Approved as to form And Legal content: 24 25 26 By:: 27 08-24-01 dlb" CAPS 28 /t!.b- H ALLES, MAYOR f San Bernardino .'." t ,', 2001-294 San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92410 ORIGINAL AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made and entered into this July I, 200], 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 "CONSULTANT." R E C ] TAL S: WHEREAS, the DISTRICT is authorized by Section 53060 ofthe 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 CONSULTANT itself is, or those hired by the CONSULTANT 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 CONSULTANT mutually agree as follows: I. Agreement Term This Agreement shall be for a period beginning July 1,200], continuing through June 30, 2002. Upon a showing of good and sufficient cause by the CONSULTANT, the DISTRICT may at its discretion, grant such extensions of time as it may deem advisable in which the CONSULTANT may accomplish the results required hereunder; provided, however, the DISTRICT shall not be obligated to pay the CONSULTANT any additional consideration if such an extension of time has been granted. II. CONSULTANT's Work CONSULTANT agrees to provide a variety of learning experiences in the area of art, fitness and sports skills, and values though the provision of Recreational Aides at each school participating in the Children's After-School for Success (CAPS) Program. The DISTRICT reserves the right to add or substitute grants as long as the cost remains within the agreed upon maximum amount. III. Other Terms n - No other terms OR - !xl - Additional terms follow: In addition to the learning experiences, the CONSULTANT will provide a mentoring program in cooperation with the DISTR]CT that targets populations of elementary school students as a deterrent to juvenile crime, gangs, and other delinquent behaviors. Also, the CONSULTANT agrees to provide in-kind serviceslactivities for program administration, site supervision, and equipment. IV. Payment A. The DISTRICT agrees to compensate the CONSULTANT for services rendered to accomplish the results required hereunder, not to exceed $] 13,000.00. The CONSULTANT 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 CONSULTANT's Social Security or Federal Tax I.D. 1 ~. . ' 2001-294 Number. The DISTRICT shall make payment to the CONSULT ANT after receipt and approval of the invoice. Invoices may be submitted after completion of: n n Each one-third n n Each one-fourth Entire Project Each one-half IXl Other schedule -Not more than monthly upon invoice. B. The CONSULT ANT's fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the CONSULTANT under this Agreement. C. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CONSULT ANT under this Agreement. D. The CONSULT ANT is aware that under California law, no disability or unemployment insurance will be deducted from payments made to the CONSULT ANT or paid by the DISTRICT out of DISTRICT funds. CONSULTANT further recognizes that CONSULTANT cannot claim unemployment benefits after services have been completed. E. If the CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT 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 CONSULTANT 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 CONSULTANT's own retirement benefits. v. Resoonsibilities of the CONSULTANT A The CONSULT ANT is ultimately responsible for the results to be achieved under this Agreement. The CONSULT ANT itself, or others hired by the CONSULTANT and under the control ofthe CONSULTANT, may provide the services necessary to achieve the results required under this Agreement. B. The CONSULTANT's services will be provided on an as-needed basis to accomplish the results required under this Agreement. C. The CONSULTANT will perform services to achieve the results required hereunder in the CONSULT ANT's own independent way as an independent contractor in the pursuit of the CONSULT ANT's independent calling and not as an employee of the DISTRICT. The CONSULTANT 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. D. The CONSULT ANT shall provide its services at such times as the CONSULTANT itself determines within the scope of the results to be achieved. If the CONSULTANT is a regular employee of a public agency (any governmental agency or any agency supported by public tax dollars), all services which the CONSULT ANT renders under this Agreement will be performed at times other than the CONSULT ANT's regular assigned workday for said entity, or during periods of vacation or leave of absence from said entity, in order that the CONSULTANT shall not receive double compensation from public tax dollars for its time. 2 . . ' E. 2001-294 The CONSULT ANT shall complete and return to the DISTRICT the Internal Revenue Service Form W-9 when requested to do so by the DISTRICT. F. The CONSULTANT 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 CONSULTANT. G. The CONSULTANT 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 CONSULTANT agrees that it will not act as nor perform in the capacity of a DISTRICT employee. The CONSULTANT 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 CONSULT ANT is an employee or representative of the DiSTRICT. VI. Information Provided bv the DISTRICT The DISTRICT will prepare and furnish to the CONSULTANT upon the CONSULTANT's request, such information as is reasonably necessary to the performance of the CONSULTANT's work under this Agreement. The CONSULT ANT understands that all information provided to the CONSULTANT is the property ofthe 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 CONSULT ANT to liability for damages to the DISTRICT. VII. Cancellation for Non-Performance or Non-Compliance of CONSULTANT A. If, at any time during the performance of this Agreement. the DISTRICT determines, at the DISTRICT's sole discretion, that the CONSULT ANT'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 CONSULTANT's services hereunder. In the event of such cancellation, the DISTRICT shall give written notice to the CONSULTANT of such cancellation. In the event of cancellation for unsatisfactory performance, the DISTRICT shall be obligated to pay the CONSULTANT only for that portion. if any, of the results achieved. B. Non-compliance by the CONSULT ANT with the terms of this Agreement shall be cause for termination by the DISTRICT. VIII. Hoid Harmless The CONSULTANT 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 CONSULTANT or caused by any error, omission, or act of the CONSULTANT or of any person employed by the CONSULT ANT or of any others for whose acts the CONSULTANT is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. IX. Special Provisions A. The CONSULTANT shall comply with all applicable federal, state and local laws, rules, regulations, and ordinances, including workers compensation insurance laws. The CONSULTANT understands that as an independent contractor, it is not covered by any type of DISTRICT insurance, including workers 3 , , . , 2001-294 compensation insurance. The CONSULTANT 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 CONSULTANT may use independent contractors, volunteers, or others not covered by the CONSULTANT's workers compensation insurance coverage, to provide services hereunder. The CONSULT ANT shall advise such persons providing services hereunder at the direction of the CONSULTANT that the DISTRICT does not provide workers compensation insurance and the CONSULT ANT shall hold the DISTRICT harmless from any and all claims for damages that may be asserted by such persons. B. The CONSULT ANT 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: . 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 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. Either party may terminate this Agreement with a sixty- (60) day written notice. 4 2001-294 IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CONSULTANT SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT N9!::~~ d ~i/ '-7-~ . S. BAIL Assistant Superintendent Business Services Division Title: Acting Director City of San Bernardino Parks, Recreation and Community Services Date: 9-27-01 Date: 5