HomeMy WebLinkAbout1997-310
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RESOLUTION NO.
97-310
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED
4 SCHOOL DISTRICT TO PROVIDE OLDER ADULT CONTINUING EDUCATION
CLASSES AT SENIOR CENTERS AND COMMUNITY CENTER FACILITIES
5 OPERATED BY THE DEPARTMENT.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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OF SAN BERNARDINO AS FOLLOWS:
The Director
SECTION 1.
of
Parks,
Recreation
and
9 Community Services Department is hereby authorized and directed
10 to execute on behalf of said City an agreement of affiliation
11 with the San Bernardino City Unified School District related to
12 the establishment of Older Adult Continuing Education Classes at
13 City owned and operated sites, a copy of which is attached
14 hereto, marked Exhibit "A" and incorporated herein by reference
15 as fully as though set forth at length.
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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 sixty (60) days following the effective date of
the resolution.
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9/11/97
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97-310
1 RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE
2 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE OLDER
ADULT CONTINUING EDUCATION CLASSES AT SENIOR CENTERS AND
3 COMMUNITY CENTER FACILITIES OPERATED BY THE DEPARTMENT.
4 I HEREBY CERTIFY that the foregoing Resolution was duly
5 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
joint regular
meeting thereof, held on
the 6th
day of
October
8 1997, by the following vote, to wit:
9 COUNCIL MEMBER AYES NAYS ABSTAIN ABSENT
10 NEGRETE x
11 CURLIN x
12 ARIAS x
13 OBERHELMAN x
14 DEVLIN x
15 ANDERSON x
16 MILLER x
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()~-~
~ Clerk
approved this ~ d.
The foregoing resolution is hereby
October
day of
, 1997.
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Tom Mlnor, Mayor
City of San Bernardino
Approved as to form
and legal content:
James
City
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tjg 9/11/97
older adult cant ed classes
97-310
San Bernardino City Unified School District
CERTIFICATION OF MINUTES
The Board met in regular session on the 21 st day of October, 1997, at the usual meeting place
thereof. The meeting was called to order at 5:30 p.m.
Members present:
Brown, Cadena, Marinis, Neigel, Savage, Tillman, Yeager
Members absent:
None
The adoption of the following resolution and order was moved by Member Brown, seconded by
Member Yeager, and a vote being taken, the said resolution and order was adopted by the
following votes of members present at that time.
AYES:
Brown, Cadena, Marinis, Neigel, Savage, Tillman, Yeager
NOES:
None
BE IT RESOLVED that the Board of Education approves entering into the Agreement for the
Use of Facilities with the City of San Bernardino, Parks, Recreation and Community Services
Department, effective October 22, 1997, through June 30, 1998, per terms of the Agreement.
There will be no financial cost involved.
BE IT FURTHER RESOLVED that Judy D. White, Assistant Superintendent, Student Services,
be authorized to sign said Agreement on behalf of the Board of Education.
I, MARY BETH GOSNELL, Assistant Secretary of the Governing Board of the San
Bernardino City Unified School District hereby certify that the foregoing is a true and correct
copy of a resolution duly made, adopted and entered in the Board minutes of the Governing
Board of the San Bernardino City Unified School District on the 21st day of October 1997.
Dated: October 22, 1997
?4~ L'10'7i) ~f{
Assistant ecretary of the Board of Education
Agenda Item 9.29
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97-310
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino CA 924] 0
AGREEMENT FOR USE OF FACILITIES
THIS AGREEMENT is made and entered into this 6th day of October, by and between the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the
"DISTRICT," and PARKS, RECREATION & COMMUNITY SERVICES
DEPARTMENT, hereinafter referred to as the "ORGANIZATION."
R E C I TAL S:
WHEREAS, the DISTRICT is in need ofa facility for the conduct ofO]der Adu]ts classes; and
WHEREAS, the ORGANIZATION has suitable facilities which it is willing to make available for
the DISTRICT's use;
NOW, THEREFORE, the DISTRICT and the ORGANIZATION mutually agree as follows:
]. Term of Agreement
This Agreement shall be for a period beginning October 6. ] 997. through June 30.
]998.
2. Description of ORGANIZATION Facilities
The ORGANIZATION's Administrative office is located at: 547 N. Sierra Way, San
Bernardino CA. The organization's facilities listed below have been deemed appropriate
for San Bernardino City Unified School District older Adult classes:
Fifth Street Senior Center 600 West Fifth Street
Perris Hill Park Senior Center 780 East 21 st Street
Public Enterprise Building 1505 West Highland Ave.
Rudy Hernandez Community Center 222 North Lugo
Lytle Creek Community Center 380 South E Street
Nicholson Community Center 2750 West Second Street
At its facilities the ORGANIZATION will provide classrooms with suitable temperature control
and classroom furniture and equipment such as chairs, tables, bulletin board, etc. The
ORGANIZATION will also provide adequate parking, access to a drinking fountain, and
adequate restroom facilities. The District agrees to supplement ORGANIZATION classroom
furniture with additional District owned furniture and equipment to support the instructional
program for the duration that the Adult School provide instructional programs.
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97-310
3. Provisions of Use
a. The DISTRICT may conduct Adult School Classes, Monday through Friday,
between 8:00 a.m. and 9:00 p.m., excepting holidays and days when classes are not
scheduled with the approval of the ORGANIZATION. The DISTRICT shall
advise the ORGANIZATION in advance of the class schedule.
b. ORGANIZATION personnel will be responsible for locking and unlocking
facilities and will be on site or accessible by phone in case of emergencies.
c. The ORGANIZATION will be responsible for the internal security of its building
and for assuring that the rooms surrounding the classroom area are secured from
access by DISTRICT students and staff.
d. The ORGANIZATION will provide DISTRICT staff with access to a phone for
emergency purposes.
e. During the times when classes are in session, the DISTRICT may post a sign
stating that an Adult School class is held at the ORGANIZATION location.
f. Adult student behavior is required to conform to the standards and rules of the
Adult School. Adult students whose behavior does not conform will be asked to
leave the ORGANIZATION premises.
4. Financial Provisions
There shall be no financial or in-kind enumeration to or from either party. Students will
not be charged any registration or enrollment fees.
5. Cancellation of Agreement
Either party shall have the right to cancel this Agreement and may do so by giving written
notice to the other party ofits intention to cancel thirty (30) days in advance of the
effective date of the cancellation.
6. Hold Harmless
The ORGANIZATION and the DISTRICT each shall, at its own cost, defend, indemnifY
and hold harmless the other party, its officers, agents, employees, assigns, and successors
in interest, from and against any and all liability, damages, losses, claims, demands,
actions, causes of action, costs including attorney's fees and expenses, or any of them,
resulting from the death or injury to any person or damage to property, including property
and personnel of the indemnified party, to the extent caused by the negligent acts or
omissions of the indemnifYing party, its employees, subcontractors or subcontractors'
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97-310
personnel, or any ofthem, or arising out of the performance or non-performance of the
indemnifYing party's or its subcontractor's obligations pursuant to this Agreement,
provided, however, that notwithstanding the foregoing, neither party shall be liable to the
other for such other party's special, indirect, incidental or consequential damages.
7. Insurance
a. The DISTRICT and the ORGANIZATION each shall, at its own cost, obtain and
keep in effect, during the term of this Agreement or any extension thereof, a policy
of comprehensive general liability and property damage insurance with the single
limit of not less than $1,000,000.00. Said policies shall not be subject to change or
cancellation without thirty (30) days prior notice to the other party under this
Agreement. The DISTRICT and the ORGANIZATION each shall furnish to the
other satisfuctory evidence of such liability insurance coverage. Proof of
organizations self insurance for $1,000,000 shall be deemed satisfuctory
compliance for this paragraph.
b. The DISTRICT and the ORGANIZATION each shall provide worker's
compensation insurance or self-insure its obligations for worker's compensation
coverage, as required or permitted by law, for its officers, members, volunteers,
employees, and contractors, in an amount and form to meet all applicable
requirements of the Labor Code of the State of California.
8. Special Provisions
a. The DISTRICT and the ORGANIZATION each certify they 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 ofits 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 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).
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97-310
This non-discrimination policy covers admission and access to, and treatment and employment in,
the DISTRICT's programs and activities.
b. This Agreement shall not be assignable.
c. This Agreement may be amended by the mutual written consent of the parties
hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
PARKS, RECREATION & COMMUNITY
SERVICES DEPARTMENT
SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT
~w7.~~
90 JJ IJ {J:
nmv WHITE
Assistant Superintendent
Youth Services
ANNIE F. RAMOS
Director
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