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HomeMy WebLinkAbout2000-046 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. 2000-46 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Director of Parks, Recreation and Community Services Department of the City of San Bernardino is hereby authorized to execute an agreement with the San Bernardino City Unified School District to provide contractual services for after-school recreation programs at school district sites. A copy of said application is hereby attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. III III III III III III III III III III III 02!11/00dlb 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2000-46 1 2 3 4 5 6 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR 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 j oint I meeting thereof, held on the rLgu ar 7 6~dayof 8 Karch , 2000, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ x SUAREZ x DEAN-ANDERSON x MILLER x 2000. ()..j.lJh.~ C~~YUA.. The foregoing resolution is hereby approved t is ?~ day of Karch Approved as to Form and legal content: t l.t~ JAMES F. PENMAN, City Attorney f\ /) i V,?~. v ~ C/&J'~ 2000-46 Of?IGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made and entered into this 7th day of September 1999, 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 "CONSULTANT." 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 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 Terms This Agreement will be for a period beginning August 2, 1999 through June 22, 2000. 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 will not be obligated to pay the CONSULTANT any additional consideration if such an extension of time has been granted. II. CONSULTANT's Work The CONSULTANT will provide a variety of learning experiences in the area of art, fitness and sports skills, and values through the provision of Recreation Aides at each school participating in the After School Program (CAPS). The District reserves the right to add or substitute grants as long as the cost remains within the agreed upon maximum amount. 1 2000-46 III. Other Terms o No other terms 181 Additional terms as follows: In addition to the learning experiences, the CONSULTANT 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 delinquent behavior. In addition, the CONSULTANT will 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 $100,000.00. 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 Federal Tax LD. Number. Payment to the CONSULTANT will be made by the DISTRICT after receipt and approval of the invoice. Invoices rnay be submitted after completion of: o Entire Project o Each one-half o Each one-third o Each one-fourth 181 Other schedule - Specify: Not more than monthly upon invoice. B. The CONSULTANT'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 CONSULTANT under this Agreement. D. The CONSULTANT is aware that under California law, no disability or unemployment insurance will be deducted from payments made to the CONSULTANT or paid by the DISTRICT out of DISTRICT funds. CONSULTANT further recognizes that CONSULTANT carmot claim unemployment benefits after services have been completed. E. rfthe CONSULTANT is receiving any type of continuing retirement benefits, such as those from California State Teachers' Retirement systems (STRS) or Public Employees Retirement System (PERS) or other retirement plan, or Social Security, or other similar benefits, the DISTRICT and the CONSULTANT 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 andlor other sources in order to maintain full benefits. The CONSULTANT 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 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. 2 2000-46 V. Responsibilities of the CONSULTANT A. The CONSULTANT is ultimately responsible for the results to be achieved under this Agreement. The CONSULTANT itself, or others hired by the CONSULTANT and under the control of the CONSULT ANT, may provide the services necessary to achieve the results required under this Agreement. B. The CONSULTANT's services will be provided on dates agreed upon by the DISTRICT and the CONSULTANT. C. The CONSULTANT will perform services to achieve the results required hereunder in the CONSULTANT's own independent way as an independent contractor in the pursuit of the CONSULTANT's independent calling and not as an ernployee 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 CONSULTANT will 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 CONSULTANT renders under this Agreement will be performed at times other than the CONSULTANT's regular assigned workday for said entity, or during periods of vacation or leave of absence from said entity, in order that the CONSULTANT will not receive double compensation from public tax dollars for its time. E. The CONSULT ANT will r . e all of its own supplies, equipment, and facilities as may be necessary within the scope of the resu s . ed. F. The CONSULTANT will complete and return to the DISTRICT the Internal Revenue Service Form W.9 when requested to do so by the DISTRICT. G. The CONSULTANT agrees to conduct and certify to the DISTRICT' 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 CONSULT ANT. H. 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 CONTRACTOR is an employee or representative of the DISTRICT. 3 2000-46 VI. Information Provided by 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 CONSULT ANT's work under this Agreement. The CONSULTANT understands that all information provided to the CONSULTANT is the property of the DISTRICT and will not be removed from the DISTRICT's possession. Failure to keep such information confidential andlor failure to return information requested by the DISTRICT is reasonable cause for termination of this Agreement and may subject the CONSULTANT 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 CONSULTANT's services are not achieving the results required hereunder, the DISTRICT will 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 will give written notice to the CONSULTANT of such cancellation. In the event of cancellation for unsatisfactory performance, the DISTRIcr will be obligated to pay the CONSULTANT only for that portion, if any, of the results achieved, B. Noncompliance by the CONSULTANT with the terms of this Agreernent will be cause for termination by the DISTRICT. VIII. Hold 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 rnay 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 CONSULTANT or of any others for whose acts the CONSULTANT is legally liable. Said sums will include, in the event of legal action, court costs, expenses of litigation, and reasonable attorneys' fees. IX. Special Provisions A. The CONSULTANT will 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 compensation insurance. The CONSULTANT will provide, through insurance policies or self-insurance, worker's 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 will advise such persons providing services hereunder at the direction of the CONSULT ANT that worker's compensation insurance is not provided by the DISTRICT and the 4 2000-46 CONSULTANT will hold the DISTRICT harmless from any and all claims for damages that may be asserted by such persons. B. The CONSULTANT certifies it will not discrirninate 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 Employment and Housing Act of 1980 (pertaining to ancestry, race, national origin, color, sex, religion, physical handicap, medical condition, marital status, and age) . The Americans with Disabilities Act of 1990 (pertaining to disability) This nondiscrimination policy covers admission and access to, and treatment and employment in, the DISTRICT's programs and activities. C. This Agreement will 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 sixty (60) day written notice. 5 2000-46 IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CONSULTANT /') . 2 ' c.!l.w-c..{- . ~-4v/ City of San Bernardino Parks, Recreation and Community Services Date: Date: 6