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Home My WebLink About1993-317 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. q"l-317 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A CONTRACT BETWEEN THE CITY AND PARTNERSHIPS WITH INDUSTRY-PWI, A PRIVATE NON-PROFIT AGENCY, TO PROVIDE WORK CREWS TO PERFORM MAINTENANCE DUTIES AT CITY PARKS FACILITIES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Director of Parks, Recreation and Community Services Department of the City of San Bernardino is hereby authorized and directed to execute on behalf of said city a contract with Partnerships with Industry-PWI, a private, non- profit agency, to provide work crews to perform maintenance duties at City Parks facilities, 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 agreement authorized by this resolution shall not take effect until fully signed and executed by both parties. Neither party shall be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties within 60 days following the effective date of the resolution. II II II II 7/28/93 -1- 93-317 1 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY DEPARTMENT TO EXECUTE 2 A CONTRACT BETWEEN THE CITY AND PARTNERSHIPS WITH INDUSTRY-PWI. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 6 Bernardino at a meeting thereof, held on the regular August , 1993 by the following vote, to 16th day of 7 wit: 8 COUNCIL MEMBERS 9 NEGRETE NAYS ABSTAIN ABSENT AYES x 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 VACANT 14 POPE-LUDLAM 15 MILLER x ----L- ----L- x x 16 17 18 19 20 21 22 23 24 25 26 cf?-~ ~ The foregoing resolution is hereby approved this \ ~-\-"'" day of Auaust , 1993. --;r- ;)ttt ' ;p;nt ~ Tom Minor, Mayor city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney -2- 27 i 7 28 J - ~ ~~-~\'l Partnerships With Industry - PWI We assist persons with disabilities to work ill the community - it's good business Work Crew Contract With the City of San Bernardino Parks and Recreation Department & Partnerships With Industry (PWI) Beginning: July 1, 1993 To: June 30, 1994 Provisions of Agreement The services provided under this agreement shall be performed by clients of Partnerships With Industry (PWI), who for the duration of this contract will be referred to singularly as 'workers', or members of the 'work crew'. The workers will complete all work under the supervision of a PWI Employment Training Specialist (ETS). The ETS and the PWI Program Director will monitor production and quality assurance at all times. The work crew will be responsible for the following duties (detailed explanation of the job duties are labeled as Attachment 1): 1. Painting 2. Building and restroom cleaning 3 . Litter removal 4. Weed control of shrub and ground cover beds 5. Planting of annuals, trees, and shrubs A minimum of six workers will be assigned to the crew. Days of work will be Monday through Friday. Work hours will be 9:00a.m. to 2:30p.m., with a 30 minute lunch period. One ten minute break will be taken for every three hours worked. The crew is subject to the same personnel policies as all employees of the City of San Bernardino who are under the classification of temporary part-time. Partnerships With Industry . Will provide all compensation paid to the ETS and workers. . Will be responsible ior the intake and assessment, referral, and placement of all workers. . Will carry worker's compensation insurance on the ETS and work crew members. . Will provide adequate work site supervision by an ETS. . Will maintain accurate time and attendance records on each worker. . Is an independent agent and not a City employee nor are its subordinates City employees. The City of San Bernardino . Will provide the ETS and PWI management with on-going resources to adequately train the crew. . Will pro-actively inform PWI of changes which might affect the crew's success and job retention. . Will address any performance concerns with the ETS and PWI management . Will confidentially hold information regarding the disabilities of crew members or obtain written consent from the member(s) to disclose such information. North San Diego County: 550 West Vista Way, Suite 200. Vista, CA 92083. (619) 941-7534 San Diego County: 7851 Mission Center Coun. Suite 120 . San Diego. CA 92108 . (619) 291-7595 The Inland Empire: 21900 Barton Road. Bldg D, Suite 110. Grand Terrace, CA . 92324 . (714)424- 1430 -93-311 . Compensation PWI will generate invoices for service periods of the 1st through the 15th, and 16th through month's end. Payment must be received within 21 days of the invoice date. If the invoiced amount is not received within 21 days, a 5% late fee will be assessed on the balance due. 3.00 Full Time Equiv (FfE) Cumulative Total 5.00 hours per day = 15.00 Work hrs per day 5.00 days per week = 75.00 Work hrs per week 4.33 weeks/month = 324.75 Work hrs per month $5.00 wage per hour = $1,623.75 Total Wage/month 11% Workman's Comp = $178.61 WC per month 2% Payroll Tax = $32.48 PT per month 5% admin overhead = $81.19 PWI adminImonth Total cost = $1.916.03 Total per month Time studies as per Depl. of Labor standards are completed by nonhandicapped individuals. This rate determines individual participant pay. Individual productivity determines the amount that each worker will be compensated. Indemnification During all phases of the services provided under this agreement, PWI agrees to indemnify and save harmless the City of San Bernardino, its officers, agents, and employees from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the PWI's performance under the terms of this agreement, excepting only liability arising out of the sole negligence of the City. . Without limiting PWI's indemnification, it is agreed that PWI shall maintain in force at all times during the performance of this agreement the following policy or policies of insurance covering its: A. Comprehensive General Liability of up to $1 Million, including contractual liability , and business and automobile liability. Contractor's Liability insurance policy shall contain the following clauses: 1. The City of San Bernardino is named as additional insured as respects the operations of t.~e named insured performed under contract with the City. 2. It is agreed that any insurance maintained by the City shall apply in excess of, and not contributed with, insurance provided by this policy. B. Worker's Compensation coverage at statutory limits. Contractor's liability insurance policy shall contain the following clauses: 1. The City of San Bernardino is named as additional insured as respects the operations of the named insured performed under contract with the City. 2 It is agreed that any insurance maintained by the City shall apply in excess of, and not contributed with, insurance provided by this policy. All insurance policies required by this paragraph shall contain the following clause: "This insurance shall not be cancelled, limited or non-renewed until after thirty days written notice has been given to the City" 93-311 Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the City of San Bernardino Risk Management department prior to the effective date of this agreement. This is a condition precedent to the formation of any obligation by the City of San Bernardino to compensate PWI under this agreement. Assurances In the performance of services and functions under this agreement, both parties assure and certify all that follows here. They will comply with all applicable requirements of all Federal, State, and local laws relating to funding under training funds operated by the Department of Rehabilitation; PWI's funding agent 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. If there are any questions, please contact Lisa K. Cervantes, Program Manager at (714) 424-1430 We at PWI are very pleased to enter into this agreement with the city of San Bernardino. The work opportunity provided by the City enables persons with developmental disabilities to earn an income, prove their worth as valued workers, and most importantly, satisfy the City's labor needs. We look forward to a long and mutually beneficial working relationship. Termination Clause This agreement may be terminated by express written notice of either party without financial consequence provided that the written request is received within twenty working days prior to the effective termination date. Should litigation on this contract occur, the party against whom judgement is entered shall pay reasonable attorney fees and court costs to the prevailing party. ~ ] .ft::or;"d Annie F. Ramos, Director, Dept. of Parks, Recreation and Community Service !(/J-.t.f~73 Signatures yf" /'. ------::.... .';. /.:-r::;.-----' - -- "..) eter Callstrom, PWI Executive Director Date ~s c./') -5 Date Approved as to form and legal content: James F. Penman, City Attorney .J c