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HomeMy WebLinkAbout1994-115 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. 94-115 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER AND VOCATIONAL TRAINING PROGRAM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a worksite agreement with the San Bernardino City Unified School District Special Education Department relating to the provision of worksites by the City Parks, Recreation and Community Services Department for a Special Education Career and Vocational Training Program, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on 16th day of , 1994, by the following vote to wit: May 4/25/94 -1- 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 94-115 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY 2 UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES 3 DEPARTMENT. COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT NEGRETE ---X-- CURLIN X HERNANDEZ X OBERHELMAN ~ DEVLIN ~ POPE-LUDLAM X - MILLER X LA~~ Rachel Clark, City Clerk The foregoing resolution is hereby approved this 19th May , 1994. day of ~l!;L-)llA;A T~m Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: /] .), ! e TB: 4/25/94 -2- 94-115 ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 WORKSITE AGREEMENT THIS AGREEMENT, is made and entered into this 3rd day of May, 1994, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICf for its Special Education Department, hereinafter referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO for its Parks, Recreation and Community Services Department, hereinafter referred to as the "PARTICIPATING AGENCY." R E C I TAL S: WHEREAS, the DISTRICTs Special Education Department endeavors to provide assistance to students in making a successful transition from the school environment; and WHEREAS, the DISTRICT has received Project WorkAbility Grant funds which may be used to pay wages for student job training/evaluation; and WHEREAS, the PARTICIPATING AGENCY is willing to provide a job training/ evaluation worksite; NOW, THEREFORE, the DISTRICT and the PARTICIPATING AGENCY mutually agree as follows: 1. Term of Agreement a. This Agreement shall be for a period beginning July 1. 1994, through October 31. 1996. b. This Agreement may be terminated by either party by the giving to the other party of ten (10) days advance written notice. 2. Amendment and Assignment a. This Agreement may be amended by the mutual written consent of the parties hereto. b. This Agreement shall not be assigned. 3. Pm:pose and Overview a. This Agreement is a vehicle for providing a Worksite for Special Education students participating in job training/evaluation with funding provided under the WorkAbility Grant Program. These Special Education students (the "Participants") are not, and shall not 1 94-115 be considered employees of the PARTICIPATING AGENCY. The participants shall be considered employees of the DISTRICT for the purposes of payroll, workers compensation, and indemnification only. b. Worksite activities will provide useful work experience consistent with each Participant's capabilities, which may assist the Participant in obtaining future unsubsidized employment. Worksite activities will be determined by agreement between the PARTICIPATING AGENCY and the DISTRICT. c. Should a Work Experience participant display inappropriate behavior or fail to perform in a satisfactory manner, as observed by either the DISTRICT staff worksite supervisor or the PARTICIPATING AGENCY technical supervisor, the DISTRICT staff worksite supervisor may exclude the participant from the Work Experience Program at the PARTICIPATING AGENCY on a temporary or permanent basis. 4. Responsibilities of the DISTRICT a. The DISTRICT will be responsible for the intake and assessment, referral and placement and eligibility of all participants. Eligibility refers to special education eligibility as determined by Federal and State laws and eligibility to participate in career jvocational training programs operated for special education students by the DISTRICT. The work areas for each participant referred by the DISTRICT will be selected by mutual agreement of the PARTICIPATING AGENCY and the DISTRICT. b. The DISTRICT will provide adequate worksite supervision by a DISTRICT staff Certificated teacher or Transition staff person, and that all DISTRICT staff worksite supervisors must be experienced in the work to be performed in supervisory and training responsibilities specific to this Agreement. c. Accurate time and attendance records will be kept by the DISTRICT Worksite Supervisor and will reflect the actual time worked by the Participant. Hours worked by Participants will not exceed 35 hours per week unless this has been approved in advance by the DISTRICT. The Participant shall be given at least a one-half hour lunch break (unpaid) if a work shift lasts for at least five (5) hours. If a work shift lasts for less than five (5) hours, the Participant shall receive one 15 minute (paid) break. Standard time sheets will be used and shall be provided by the DISTRICT. The Participants shall report or sign in when reporting to the DISTRICT Worksite Supervisor and sign out at the end of the work day. Under no circumstances will the Participant sign in and out simultaneously. Time and attendance records will be signed at the end of each pay period by the Participant and a DISTRICT staff supervisor whose signature will certify the accuracy thereof. 2 94-115 d. The DISTRICf will provide Worker's Compensation Insurance coverage for Participants while they are at the PARTICIPATING AGENCY Worksite. The DISTRICT will provide a Certificate of Insurance to the City of San Bernardino Risk Management Division showing proof of Worker's Compensation Coverage. e. The DISTRICf will provide any necessary program or special monitoring as required by Federal and State regulations and by DISTRICT policy. The DISTRICf will also provide any necessary reviews of time and attendance controls, supervision controls, and compliance with the terms of the Worksite Supervisors Guide and the Worksite Agreement. The DISTRICT will take action as necessary to maintain compliance in accordance with the above. 5. Responsibilities of the PARTICIPATING AGENCY a. The PARTICIPATING AGENCY will provide Worksites which are useful for training/evaluation purposes for the Participants, on days and at times as mutually agreed. The number of Participants will be determined by agreement between the PARTICIPATING AGENCY and the DISTRICf. b. PARTICIPATING AGENCY site supervisors will be provided who are knowledgeable in the work to be performed and who will be capable of advising the DISTRICf staff worksite supervisor in the correct use of tools and materials and in the task performance methods in which the DISTRICf-supervised work training crew will be engaged. c. A PARTICIPATING AGENCY representative will be on site to unlock and lock up the Worksite on days when the Participants are working at the Worksite. A PARTICIPATING AGENCY representative shall either be present at the Worksite or available by telephone at all times during the time the Participants are present at the Worksite, The PARTICIPATING AGENCY representative will provide initial and daily orientation of the Worksite activities to be done to the DISTRICT's Worksite Supervisor and will provide explicit instructions as to the proper, safe, and sanitary manner in which Worksite activities are to be performed. d. All Worksite activities will be conducted in a safe and sanitary work environment. Appropriate tools, equipment, cleaning solutions, and any other necessary items shall be provided by the PARTICIPATING AGENCY. The PARTICIPATING AGENCY shall also provide protective clothing and equipment, including but not limited to gloves, smocks, goggles, and dust masks, when necessary and as appropriate to prevent injury, illness, disease transmission, or other hazard. e. The worksite may be and will be monitored by DISTRICT Program staff. The PARTICIPATING AGENCY technical supervisor at each worksite will maintain a list of current worksite activities, and an attendance sign-in/out form for the DISTRICf staff worksite 3 94-115 . supervisor to complete for each period of time worked by each crew, and will cooperate fully to provide DISTRICT staff worksite supervisors with any and all worksite information as requested and in a timely fashion. f. Failure of the PARTICIPATING AGENCY to comply with the provisions of the Agreement will be considered grounds for immediate withdrawal of Participants from the PARTICIPATING AGENCY's Worksite. 6. Financial Provisions a. Each Participant's hourly rate will be individually calculated based on a task analysis study of that Participant. Additional task analysis studies will be conducted on a periodic basis to adjust the Participant's rate according to their performance. The Participant will be paid no less than $1.00 per hour and no more than $5.00 per hour by the DISTRICT, and Participant payroll will follow the normal DISTRICT procedures. b. There shall be no reimbursement or compensation on the part of the PARTICIPATING AGENCY, either in wages and benefits or in kind, nor shall the DISTRICT assume any administrative cost of program sponsorship except those incurred by itself in providing for its own planning or monitoring of such participation, processing payroll, covering workers' compensation. Moreover, DISTRICT funds may not be used to supplement or compensate the salary of any employee for supervising or working with the participants. c. The DISTRICT will be solely responsible for the corresponding financial portion of this agreement which includes processing of time sheets and paychecks, incorporating program plan and budget into the appropriate grant program operated by the DISTRICT. d. The DISTRICT will assume ultimate responsibility for the allowability of funds expended under this agreement. 7. Hold Harmless a. The PARTICIPATING AGENCY hereby agrees to save and hold harmless the DISTRICT and its departments, agents, officers and employees from all sums which the DISTRICT or any of its departments, agents, officers or employees may be obligated to pay by reason of any liability imposed upon them for damages to property or death of persons, arising out of Participant's work at the PARTICIPATING AGENCY Worksite and caused by any error, act, or omission of PARTICIPATING AGENCY or of any person employed by PARTICIPATING AGENCY or of any others for whose acts PARTICIPATING AGENCY is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 4 94-115 b. The DISTRICT hereby agrees to save and hold harmless PARTICIPATING AGENCY and its departments, agents, officers and employees from all sums which PARTICIPATING AGENCY or any of its departments, agents, officers or employees may be obligated to pay by reason of any liability imposed upon them for damages to property or death of persons, arising out of Participants' work at the PARTICIPATING AGENCY Worksite and caused by any error, act, or omission of the DISTRICT or of any person employed by the DISTRICT or of any others for whose acts the DISTRICT is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 8. Special Provisions a. In the performance of services and functions under this agreement, both parties assure and certify all that follows here. b. They will comply with all applicable requirements of the DISTRICT and comply with all other Federal, State, and local laws relating to funding under career/vocational training grants operated by the DISTRICT. c. They will not discriminate on the basis of race, color, national origin, sex (including sexual harassment), handicap (or disability), 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) d. This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICTs programs and activities, and includes, specifically: Provisions to ensure no portion of parties activity will in any way discriminate against, deny employment to or exclude from participation any person on the grounds of race, color, sex, marital status, age, handicap, religion, or political affiliation or belief; and it will provide employment and training services to those most in need of them. 5 94-115 Regulations ensuring that there is physical access to the activity for persons with functional impairments. Service to the disabled population will be facilitated by adapting training materials and/or program design to meet their needs to the extent possible. Statement of Assurances between the State of California Department of Education, Project WorkAbility and the San Bernardino City Unified School District. e. Worksite activities performed as a result of the Participants' job training/ evaluation shall not be used to replace any existing services being provided to the PARTICIPATING AGENCY by PARTICIPATING AGENCY employees. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT --- 4' / tf/fY\. r !/;I~ TOM MINOR v Mayor H~t~NG' Ed.D. Assistant Superintendent Administrative Services Date: May 19, 1994 Date: APR l 1 1994 ATTEST: C~~~ Approved as to form and legal content: JAMES F. PENMAN, City Attorney 6