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Home My WebLink About1991-327 1 2 3 4 5 RESOLUTION NO. 91-327 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 6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Director of Parks, Recreation and 8 Community Services Department of the City of San Bernardino 9 is hereby authorized and directed to execute on behalf of 10 said city a contract with Partnerships With Industry-PWI, a 11 private, non-profit agency, to provide work crews to perform 12 maintenance duties at city Parks facilities, a copy of which 13 is attached hereto, marked Exhibit "A" and incorporated 14 herein by reference as fully as though set forth at length. 15 SECTION 2. by this The agreement authorized 16 resolution shall not take effect until fully signed and 17 18 19 20 21 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 22 shall expire and be void and of no further effect if the 23 agreement is not executed by both parties and returned to the 24 office of the City Clerk within 60 days following effective 25 date of the resolution. 26 27 July 9, 1991 28 -1- - 1 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES 2 DEPARTMENT TO EXECUTE A CONTRACT BETWEEN THE CITY AND PARTNERSHIPS WITH INDUSTRY-PWI. 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 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the day of , 1991 by the following 15th vote, to wit: COUNCIL MEMBERS ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER July AYES NAYS ABSTAIN ABSENT x x x --L- --L- x --1L... C~~~ The foregoing resolution is hereby approved this 16th day of .T1l1 v Approved as to form and legal content: James F. Penman city Attorney BY~~a...../ (RESO:INDUSTRYPW) July 9, 1991 , 1991. "7/ ..---' ,/,}// 7/;1/7. . . / /;"" . .~ / W. R. Holc6mb, Mafor city of San~Bernardino / -2- Res. 91-327 ~.~.!.!.~.~!.~_~~p.~....Y.Y.~!.~....!.~~.~.~.!.!.Y...=...~.~.!...................... PWI is Supported Emplayment: bettering our communities by employing persons with disabilities Work Crew Contract With the City of San Bernardino Parks and Recreation Department & Partnerships With Industry (PWI) Beginning: August 1, 1991 to: June 30, 1992 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 D: 1. Painting 2. Building and restroom cleaning 3. Litter removal 4. Weed control of shrub and groundcover 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. Exhibit "A" Partnerships With Industry . Will provide all compensation paid to the ETS and workers. . Will be responsible for 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 worksite 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 PWl 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 PWl management. . Will confidentially hold information regarding the disabilities of crew members or obtain written consent from the member(s) to disclose such information. Compensation PWI will generate invoices for service periods of the I st 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 (FTE) 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 PWl admin/month Total cost = $1.916.03 Total per month Timestudies as per Dept. of Labor standards are completed by nonhandicapped individuals. This rate determines individual participant pay. Individual productivity detennines the amount that each worker will be compensated. ---__ --='''''''C~-'''..... Indemnification During all phase, of the selvice, provided under this agreement. P\V1 agrees to indenUlify and save hamlless the City of San Bemanlino, 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 ll~iury to or death of persons, or damage to propelty as a result of. mislllg out of, or in any manner connected with the P\Vls pelfoll11anCe under the lellllS of this agreement. excepting only liahility ali.slllg uut ur llle .sule llegligellce ur lite Cily. Without limiting PWI's mdemnification, it is agreed that P\v1 shall mamtalll III force at all times during the pelfol11Jance of this agreement the following policy or policies of lllsurance COVerlllg its: A. Comprch'onsivc Gcncrall.iahility of lip to ::;l\fillion. indllning contractualliahility. ann hllsimoss and automobile liability, Contractor's liability insurance policy shall cOntalll the followlllg clauses: I. Thc City of San Bcrnardin,., i:; namcd a, additi(J1la1 imW'cd as rcspccts thc opcn\tion, (,f the named lllsured peIformed under contract \',ith the City, 2 It is agreed that mlY lllSurmlCe mallltallled by the City shall apply III excess of. mld not contributed with. insurance provided by this policy. B. Worker's Compensation coverage at statutory limits. Contractor's liability insnrancr policy shall contain thl' follo\\ing claust's' 1. The City of San Bernardino is named as additional msured as respects the operations of the named msured peIf01111ed under contract with the City, , lt is agreed that any lllSUl'anCe mallltai.1led by the City shall apply III excess of, and not contlibuted with. insurmlCe provided by this policy, All insurlUlce policies required by this paragraph shall contam the follo\\ing clause: 'Tlns msurlUlce shall not be ClUlcellcd, limited or non-rcnewed lU1tilllfter thirty dllYS written notice hIlS been given to the City" Celtificates of msurmlee evidenelllg the coverages required by the clauses set forth above shall be filed with the City of Srul Bernardino Risk Mrulagement depmtment plior to the effective date of this agreement. I Ins is a condil1on precedent to the 10rmal1on 01 aJ1Y obl1gal1on by the Clly 01 SlUl Bemardino to compensate P'W1 under this agreement. Assurances In the performance of services and fWlctions under tlns agreement. both parties assure and certify all that follows here. Tl/r'Y will I'll I 111'1 Y wilh iill iil'l'li"iihl~ '~'llIiwlI/r'lIh IIf iill r~olniil. ,"tiik. iilulllM:ii11;1\.\;' ,diil ill~ III fllluli,,~ under tminlllg funds opemted by the Depat1ment of Rehabilitation: PWI's fundlllg agent. They will not disClimmate on the basis of race, color, national Oligin. sex (lllduding sexual harassment), handicap (or disability). religion, or age in any of its policies, procedures, or practices. This page revised on 7/8/91 by Peter Callstrom. P\v1 Executive Director If there are any questions, please contact Annette N. Golom, Program Director at (714) 787-0640 We at PWl 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 toeam 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. Authorized Signatures ~~/~ eter Callstrom, PWl Executive Director Annie F. Ramos, Director, Dept. of Parks, Recreation and Community Service 7-/Y' -'7/ "1-/- 92 Date Date Approved as to form and legal content: James F. Penman, City Attorney BY:~ / 3600 Lime Street. Suite 316. Riverside, CA .92501 . (714) 787-0640