HomeMy WebLinkAbout2000-310
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RESOLUTION NO. 2000-310
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE 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 SCHOOL DISTRICT SITES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1, The Mayor of City of San Bernardino or her designee is hereby authorized
and directed to execute on behalf of said City, 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 agreement is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though forth at length,
SECTION 2, The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the Office of the
City Clerk within 60 days following effective date of the Resolution,
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2000-310
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE 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 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,
thereof, held on the 16th
October
, 2000, by the
day of
following vote to wit:
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN x
MC GINNIS x
SCHNETZ x
SUAREZ x
DEAN-ANDERSON x
MC CAMMACK x
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The foregoing resolution is hereby approve&1his \ 911..: . day of / ~
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October
,2000,
c:U..Lu-
ITH VALLES, MAYOR
of San Bernardino
Approved as to form
And Legal content:
James F. Penman
City Attorney
By: fhz0-->'7 71-~~.....,
(/
2000-310
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 1, 2000, 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 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 expcrienced and competent to perform the
special services required; and,
WHEREAS, the CONSULTANT itself is, or those hired by the CONSULTANT arc, 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 DISTRIeT and the eONSUL T ANT mutually agree as follows:
I. Al1reement Term
This Agreement shall be for a period beginning July 1, 2000, continuing through June 30, 2001.
Upon a showing of good and sufficient cause by the CONSULTANT, the DISTRICT may at its discretion,
grant such extensions oftime as it may deem advisable in which the CONSULTANT may accomplish the
results required hereunder; provided, however, thc 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 ofleaming 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
D - No other terms OR 1Zl Additional terms follow
In addition to thc learning experiences, the CONSULTANT will provide a mentoring program in cooperation
with the DISTRICT that targcts populations of elementary school students as a deterrent to juvenile crime,
gangs, and other delinquent behaviors Also, thc CONSULTANT agrees to provide in-kind services/activities
for program administration, site supervision, and equipment.
IV, Pavment
A. Thc DISTRICT agrees to compcnsate the CONSULTANT for services rendered to accomplish the
results required hereunder, not to exceed $100,000.00. The CONSULTANT may invoice thc
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
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2000-310
Fedcral Tax tD, Number. Paymcnt to the CONSULTANT shall be made by thc DISTRICT after
receipt and approval of the invoice. Invoiccs may be submitted after completion of:
D
Entire Project
D
Each one-half
D
Each one-third
D
Each one-fourth
1ZI Other schedule -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 Califomia law, no disability or unemployment insurance will
be deducted from payments made to the CONSULTANT or paid by the DISTRICT out of DISTRICT
funds. CONSULT ANT further recognizes that CONSULTANT cannot claim unemployment benefits
after services have been completed.
E. If the CONSULTANT is receiving any type of continuing retirement benefits, such as those from
Califomia State Teacher's Retirement System (STRS) or Public Employees Retirement System (PERS)
or other retirement plan, or Social Sccurity, 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 and/or
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 acccpt 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 affcct
the CONSULTANT's own rctirement benefits.
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
CONSULTANT, may provide the services necessary to achieve the results required under this
Agrccmcnt.
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
CONSULTANT's own independent way as an independent contractor in the pursuit of the
CONSULTANT'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. Thc CONSULTANT 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 employce ofa 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 shall not receive double compensation from
public tax dollars for its time.
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E. The CONSULTANT 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 certity 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 thc "Contractor Certification" form in advance of providing any contracted services
dcscribed herein with thc 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 ofa
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 CONSULTANT is an employee or representative of the DISTRICT.
VI. Information Provided by the DISTRICT
The DISTRICT will prepare and fumish 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 CONSULTANT understands that all information provided to the CONSULTANT is the property of the
DISTRICT and shall not be removed from the DISTRICT's possession, Failurc 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 subjcct the CONSULTANT to liability for damages to the DISTRICT.
VII. Cancellation for Non-Performance or Non-Comnliance of CONSUL TANT
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
hereundcr, 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 thc CONSULTANT with the terms of this Agrcement shall be cause for
tcrmination by the DISTRICT.
VIII. Hold Harmless
The CONSULTANT hereby agrees to indemnity, defend, and hold harmless the DISTRICT and its
departments, agents, officcrs, and employees from any and all claims or sums which the DISTRICT or any of
its departments, agents, officcrs, or employees may be obligated to pay by reason of any liability of any kind
imposed upon them, including damages to propcrty 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 thc CONSULTANT or of any others for whose acts the
CONSULTANT is legally liable. Said sums shall include, in the event oflcgal 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
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2000-310
that as an independent contractor, it is not covcrcd by any type of DISTRICT insurance, including
workers 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 providc services hereunder. The
CONSULTANT shall advise such persons providing services hereunder at the direction of the
CONSULTANT that workers compensation insurance is not provided by the DISTRICT and thc
CONSULTANT shall 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 discriminatc on thc basis of race, color, national origin,
ancestry, sex (including sexual harassment), marital status, handicap, disability, medical condition,
rcligion, or age in any of its policies, procedures, or practices in compliance with:
. Title VI and VII of the Civil Rigehts Act of 1964 as amended
(pertaining to race, color, national origin, and religion);
. Title IX of the Education Amendments of 1972
(pertaining to scx);
. Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap); and
. The Agee Discrimination Act of 1975
(pcrtaining to age)
. The Fair Emolovrnent and Housing Act of 1980
(pertaining to ancestry, racc, national origin, color, sex, religion, physical handicap,
medical condition, marital status, and age)
. 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 assignablc 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 agreemcnt may be terminated by eithcr party with a sixty (60) day writtcn notice
IN WITNESS WHEREOF, the partics have executed this Agreemcnt as set forth below.
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CONSUL T ANT
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Name: Annie F. Ramos
Title: Direc tor
City of San Bemardino
Parks, Recreation and Community Services
Date /tJ-J'/-cJcJ
2000-310
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(';N
NA ISO CARDONA
Assi !ant Superintendent
Student Services Division
Date:
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