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HomeMy WebLinkAbout1996-285 1 2 3 4 5 6 7 RESOLUTION NO. 96-285 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 FOR THE EMMERTON OFF-TRACK PROGRAM FOR THE PERIOD OF OCTOBER 1, 1996 THROUGH DECEMBER 31, 1996. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: The Director of Parks, Recreation and SECTION 1. 8 Community services Department of the City of San Bernardino is 9 hereby authorized and directed to execute an agreement, attached 10 as Attachment 1 to this Resolution, on behalf of the City, with 11 the San Bernardino City Unified School District for the Emmerton 12 off-track program for the period of October 1, 1996 through 13 December 31, 1996. 14 SECTION 2. The authorization granted hereunder shall 15 expire and be void and of no further effect if the Agreement is 16 not executed by both parties and returned to the Office of the 17 City Clerk within sixty (60) days following the effective date of 18 this Resolution. 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 - 1 - 28 RES 96-285 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 AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE EMMERTON OFF- TRACK PROGRAM FOR THE PERIOD OF OCTOBER 1, 1996 THROUGH DECEMBER 31, 1996. 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 16th September the day of 199 , by the following vote, to wit: COUNCIL MEMBER NAYS AYES ABSTAIN ABSENT x NEGRETE CURLIN x x ARIAS x OBERHELMAN x DEVLIN x ANDERSON MILLER x The foregoing resolution is ~l1dw_'}fU' dmw, ~1Jf. City Clerk ' l ' hereby approved this IS-/!- . September day of , 1996. .~)/!;~ T6m Minor, Mayor City of San Bernardino Approved as to form and legal content: James Penman City J\.ftorney. L By : va..VV"!-o 1-" --... amC/ 9 /3 / 9 6 emmerton - 2 - %-285 AGREEMENT FOR DELEGATION OF ACTIVITIES UNDER EMMERTON HEALTHY START GRANT SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT This agreement entered into as of 4{1$'1,duv), 7, 1996, including attached conditions and program guidelines, shall govern all activities of the Emmerton School Collaboration Program, financed by the Healthy Start Grant. Funding period is October 1, 1996 through December 31, 1996. Said activities will be carried out by the CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as "DEPARTMENT", on behalf of the San Bernardino City Unified School District, hereinafter referred to as "DISTRICT." The DISTRICT and the DEPARTMENT agree as follows: 1. WORK TO BE PERFORMED: The DEPARTMENT shall, in a satisfactory manner as determined by the DISTRICT, perform all recreational activities for the Arden-Guthrie Center as a part of the Emmerton School Collaboration, for the period of October 1, 1996 through December 31, 1996, All activities will be held at the Community Spirit Building, Mondays through Fridays, 9:00 a.m. to 2:00 p,m, Activities may be provided during holiday/break periods. Field trips that originate and return to the Community Spirit Building are also permitted. The DEPARTMENT will organize and provide all recreational activities including personnel, supplies and supervision for all these activities, 2. COMPLIANCE WITH THE PROGRAM AS APPROVED: The DEPARTMENT shall conduct the program to comply with funding source's guidelines and requirements, all DISTRICT requirements and directives and any special conditions that may from time to time be requested. If any non- compliance by the DEPARTMENT results in a disallowance of expenditures hereunder and a demand for repayment by funding agency, such repayment and any interest, costs or fines shall be the responsibility of the DEPARTMENT. The DISTRICT agrees to advise the DEPARTMENT on conditions of compliance. 1 RES 96-285 3. REPORTS, RECORDS AND EV ALUA TIONS: The DISTRICT shall evaluate and provide guidance and direction under this agreement to the DEPARTMENT in the conduct of activities delegated under this agreement. The DEPARTMENT agrees to submit to the DISTRICT, such reports as may be required by DISTRICT according to, but not limited to the following schedule: a. Finance Reports - Due by January 10, 1997, b. Attendance Reports - Due by January 15, 1997. c. Program Outlines - Due the 1st and 15th of each month, The DEPARTMENT agrees that the DISTRICT may carry out monitoring and evaluation activities in the program and will effectively ensure the cooperation of the DEPARTMENT'S employees in such efforts. 4. CHANGES: The DISTRICT may, from time to time, request changes in the scope of the services of the DEPARTMENT to be performed hereunder. Such changes, including any increase or decrease in the amount of the DEPARTMENT'S allocation which are mutually agreed upon by and between the DISTRICT and the DEPARTMENT, must be incorporated in written amendments to this agreement. 5. COMPLIANCE WITH THE LAW: The DEPARTMENT shall comply with all applicable laws, ordinances and codes of the Federal and State Governments and, when there is no conflict with Federal or State Local Laws. 6. FINANCIAL STATEMENT AND OTHER REPORTS: All reports must be submitted on the scheduled time, Failure to comply may result in the withholding of funds. 7. INDEMNIFICATION: The DEPARTMENT agrees to indemnify, defend and hold harmless, the DISTRICT, and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from DEPARTMENT'S acts, errors or omissions and for any costs or expense incurred by the DISTRICT on account of any claim therefore. 2 RES 96-285 The DISTRICT agrees to indemnify, defend and hold harmless, the DEPARTMENT and the City of San Bernardino and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from DISTRICT'S acts, errors or omissions and for any costs or expense incurred by the DEPARTMENT or City on account of any claim therefore, 8. SCHEDULE OF PAYMENT: The DISTRICT agrees to pay the DEPARTMENT a flat fee for the provision of all recreational activities hereunder at the rate of $ 700 per month, The DEPARTMENT will submit to the DISTRICT, invoices and documentation of activities provided, On or after December 31, 1996, the DISTRICT will approve or disapprove payment of the invoices. Payment under this program, at the rate of $ 700 per month, is not to exceed $ 2,100. 9. TERMINATION: The DISTRICT may, by giving reasonable written notice specifying the effective date, terminate this agreement in whole or in part for cause which includes: 1, Failure, for any reason, of the DEPARTMENT to fulfill in a timely and proper manner, its obligations under this agreement, including compliance with the approved program and attached conditions, and such statues, Executive Orders, as may become generally applicable at any time. 2, Submission by the DEPARTMENT to DISTRICT of reports that are incorrect or incomplete in any material respect. 3. Ineffective or improper use of funds provided under this agreement. If the DEPARTMENT is unable or unwilling to comply with such additional conditions as may be lawfully applied by DISTRICT, the DEPARTMENT shall terminate the agreement by giving a thirty (30) day written notice to the DISTRICT, signifying the effective date thereof. ' 10. DISCRIMINATION IN EMPLOYMENT IS PROHIBITED: The DEPARTMENT shall not discriminate against any employee in the performance of this agreement or against any applicant for employment because of race, religion, creed, color, sex, medical condition, disability, marital status, age or national origin. The DEPARTMENT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, sex, medical condition, color, age, disability, marital status or national origin. This recruitment shall 3 RES 96-285 apply to, but not limited to the following: employment, upgrading, demotion, transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. 11. DISCRIMINATION PROHIBITED: No person in the United States shall, on the grounds of race, religion, creed, color, sex, age medical condition, disability, marital status, or national origin be excluded from participation in, be denied the proceeds of or be subject of discrimination in the performance of this agreement. 12. POLITICAL ACTIVITY PROHIBITED: None of the funds, materials, property or services contributed by the DISTRICT or the DEPARTMENT under this agreement, shall be used in the performance of this agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 13. RELIGIOUS ACTIVITY PROHIBITED: There shall be no religious worship, instruction or proselytizing as part of or in connection with performance of this agreement. IN WITNESS WHEREOF, THE DEPARTMENT and the DISTRICT have executed this agreement of the date first above written. CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT BY: at/If ~ ~? ~U'L/ ANNIE F. RAMOS, DIRECTOR BY: 4JJ16 HAROLD L. BO~G, Ed. D. PARKS, RECREATION AND COMMUNITY SERVICES ASSISTANT SUPERINTENDENT, ADMINISTRATIVE SERVICES DATE: Y-).C,-7b DATE: SEP 2 7 1991 4