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HomeMy WebLinkAbout1990-371 ~ ,. 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. 90-371 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution.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 regular meeting thereof, held on 5th day of September 1990, by the following vote, to wit: 8/14/90 (TB-RESO:SCHOOLDIST) -1- , . ,,- 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 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. COUNCIL MEMBERS: ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER AYES NAYS ABSTAIN x x x x ---1L ---1L /', Us: . / ../:' /l\, {f....~ _' . J' t-~<.../~,j,L---<-'V City Clerk' 0 &h~ The foregoing resolution is hereby approved this day of September , 1990. Approved as to form and legal content: JAMES F. PENMAN City Attorney . --' 8/14/90 (TB-RESO:SCHOOLDIST) -2- Agreement No. ORIGINAL WORKSITE AGREEMENT BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR ITS SPECIAL EDUCATION DEPARTMENT (District) AND CITY OF SAN BERNARDINO FOR ITS PARKS. RECREATION. AND COMMUNITY SERVICES DEPARTMENT (participating Agency) A. Address: 547 North Sierra Wav. San Bernardino. CA 92401 B. Contact Person: Annie F. Ramos. Director Telephone No. (7141384-5233 C. Description of Work Activity: Maintenance and upkeep of City parks For SBCUSD use onlv Proqram section o WorkAbility o Transition Partnership Program o No. of slots N/A o No. of hours/wk/slot o Other Work Crew Assiqnment Activitv o Exploratory Work o Work Experience o Other WRKAPAYR.AGT TERMS OF AGREEMENT A. It is aqreed and understood bv both parties: 1. That The citv of San Bernardino for its Parks. Recreation. and Communi tv Services Department hereinafter referred to as the Participating Agency, will provide a worksite for the period Auqust 8. 1990 to June 30. 1992 (FY) for the participants of the San Bernardino City Unified School District Special Education Career/Vocational Training Programs. 2. The Participating Agency has been authorized to receive N/A slot/so The number of participants will be determined by agreement of the Participating Agency and the District. 3. That this agreement may be amended only by addendum provided and attached hereto, executed by authorized persons of both the District and the Participating Agency. 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. 4. 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. 5. 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 WRKAPAYR.AGT 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. 6. This Agreement is a vehicle for providing a worksite for and funding to participants under the WorkAbility Grant Program. The participants are not, and shall not 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. The particioatinq Aqencv further aqrees that: 1. Worksites useful for training purposes will be provided. 2. Participating Agency site supervisors will be provided who are knowledgeable in the work to be performed and who will be capable of advising the District staff worksite supervisor in the correct use of tools and materials and in the task performance methods in which the District- supervised work training crew will be engaged. 3. All work experience will be conducted in a safe and sanitary work environment. 4. 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 supervision or working with the participants. 5. Worksite activities are listed in Attachment I. Changes in worksite activities will be coordinated with the District staff worksite supervisor. Replacements for any vacant slotjs will be made at the discretion of District staff. 8. 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 WRKAPAYR.AGT current worksite activities, and an attendance sign- in/out form for the District staff worksite 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. C. The District further aqrees that: 1. It 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/vocational 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. 2. It will provide adequate worksite supervision by a District staff certificated teacher, 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. 3. Accurate time and attendance records will be kept by the District staff worksite supervisor and will reflect the actual time worked by the participant. Hours worked by participants will not exceed 35 hours per week unless prior approval has been granted. Standard time sheets will be used and shall be provided by the District staff. The participants shall report or sign in when reporting to the District staff 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. The participant will be paid a minimum of $3.50 per hour by the District, and participant payroll will follow the normal the District procedures. Worker's Compensation for participants will be provided by the District. District willI provide a Certificate of Insurance to the City of San Bernardino Risk Management Division showing proof of Worker's Compensation Coverage. 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) WRKAPAYR.AGT .1 hours, a participant must receive one 15 minute (paid) break. 4. Should a Work Experience participant display inappropriate behavior or fail to perform 1n 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. 5. It 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. 6. It will provide any monitoring as required and by the District. necessary program or special by Federal and State Regulations 7. It will assume ultimate responsibility for the allowability of funds expended under this agreement. 8. It will 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. 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 the District and comply with all other Federal, State, and local laws relating to funding under career/vocational training grants operated by the District. 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: WRKAPAYR.AGT .. o Title VI and VII of the Civil Riqhts Act of 1964. as amended (pertaining to race, color, national origin, and religion) ; o Title IX of the Education Amendments of 1972 (pertaining to sex); o section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); and o The Aqe Discrimination Act of 1975 (pertaining to age) This non-discrimination policy covers admission and treatment and employment in, the District's activities. access to, and programs and This 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. 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. state Administrative Manual section 1209 and the Transition Partnership Cooperative Program Agreement between the State of California Department of Rehabilitation and the San Bernardino City Unified school District. statement Department Bernardino of Assurances between the State of Education, Project WorkAbility city Unified School District. of California and the San WRKAPAYR.AGT ! . IN WITNESS WHEREOF, the parties have executed this instrument as of the date and year first above written. AUTHORIZED SIGNATURES CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ,~ /. W. R. Mayor :/ /// ~~&L ~~)s HAROLD L. BORING,' Ed.D. Assistant Superintendent Administrative Services Date: 1-&-'10 Date: AlJ5 1 4 1990 ATTEST: Mc~ C~TY CLER~ /)~L<~ Approved as to form and legal content: JAMES F. PENMAN, City Attorney By,~l fe~~ '-./ WRKAPAYR.AGT WORKSITE ACTIVITIES Painting Building and Restroom Cleaning Litter Removal Weed Control of shrub and groundcover beds Planting of annuals, trees, and shrubs WRKAPAYR.AGT ATTACHMENT I PLANTING OF ANNUALS Attachment 1 1. Application: 2 Operation: 3. Equipment: 4. Procedure: LITTER REMOVAL 1. Application: 2. Operation: 3. Equipment: 4. Procedure: PAINTING, BRUSH 1. Application: 2. Operation: 3. Equipment: 4. Procedure: PAINTING, ROLLER 1. Application: Planting of annual plant material in prepared beds. Planting, cultivating and watering of annuals. Garden rakes, digging trowels, four or five tine cultivators, square point shovel, 50 foot, 3/4 inch hose, nozzle and quick coupler. Final raking and leveling; mark rows for spacing of plants; remove plants from containers and place on marks; dig holes and plant,;cultivate between rows and irrigate. Policing of grounds for trash and removal of trash from cans. The pickup and removal of trash within the park. Litter pickup stick, trash containers, rake, shovel and gloves. Litter is picked up at areas by hand and deposited in cans. The cans are then emptied and deposited at the disposal bin area. Painting of other protective, decorative coating that can be applied with ordinary paint brushes. Application of paint or protective coating with paint brushes. 2 - 2 1/2 inch sash tool, 3 - 3 1/2 inch #30, 4 inch #35, 6 inch block wall type. Dip brush into the paint deep enough to pick up the desired amount of paint. The brush is moved to the surface and the paint applied with a brushing, (rubbing) motion. The brush is returned to the paint container and the process continues until the surface is coated. Upon completion the material is secured and the area and tools are cleaned. The with work. painting of all a roller and types of surfaces miscellaneous brush -1- 2. 4. Operation: 3. Equipment: Attachment 1 Application of coatings with a roller and "cutting in" corners and edges with a brush. Standard roller cover constructed of lambs wool, carpet, velour or their synthetic equivalents are used on a standard roller frame with a 4' to 7' wooden handle which screws into the frame handle. All edges and corners are brushed painted with a 4 inch brush. six foot ladder. with a paint brush cut in the edges and corners. The roller is then wet thoroughly with paint and rolled on wall surface. After a wall is completed the area is rerolled without paint in order to smooth out any roller marks or uneven places. MANUAL WEEDING OF GROUND COVER AND SHRUB BEDS Procedure: 1. Application: Involves the manual removal of weeds from established planted areas such as flower beds, ground covers, shrub beds and other equivalent or related conditions. The removing of weeds by hand and hoe. Plantation or garden hoe, leaf rake, scoop or square point shovel and a wheel barrow. Hoe weeds in areas that are accessible to the hoe. Weeds that are located within the plant or close to plants must be pulled by hand. Weeds are raked or thrown into piles for removal. PLANT TREES And SHRUBS 2. 3 . Operation: Equipment: 4. Procedure: 1. Application: 2. Operation: 3. Equipment: 4. Procedure: 8/13/90 (WEED/TREE/LITTE) Involves the digging of holes with shovels; planting of trees and/or shrubs from one, five and/or fifteen gallon cans; the filling of holes and compacting of soil; basining and watering of trees and shrubs. Plant one to fifteen gallon trees and shrubs. Round-point shovels, 50 foot lengths of 3/4 inch garden hose and quick coupler. Hole is dug with a shovel and the tree or shrub is removed from the container and placed into the hole. Additional soil is then shoveled into the hole and compacted around the ball of the plant. The basin is prepared and the plant is watered. -2- , -" . ATTACH'IENT 1 RESTROOM MAINTENANCE 1. Materials - The -custodian will need such tools and IIlltertals as: -refuse container. floor brush. dust pan. counter brush. cloths. bowl brush. soft SOlp solution. cleaning solvent. abrasive powder. sanittzing detergent. paper towels. toilet tissue. dispenser keys. liquid soap. pluntler's friend. kit for tools and supplies. water key. rubber gloves. pail. floor mop. wringer and hose. 2. Dispensers - Check and re-stock all dispensers and wipe the out- SlOe wlth a damp cloth. 3. Mirrors - Wash mirrors with window cleaner and dry with paper towe 15. 4. Washbasins - Scour washbasins with an abrasive cleanser and wipe dry with paper towels. Inspect and make necessary minor repairs such as replacing I faucet washer. tightening loose connections. etc. 5. Partitions - Wipe partitions with a damp cloth, use an abrasive cleanser if necessary. 6. Commodes - Wash inside and outside of commodes with a sanitizing detergent using a commode brush or IIIOp. Dry outside with paper towels. Inspect and make necessary minor repairs such as stopping leaks and plunging. etc. 7. Urinals - Remove screens and empty into waste recepticle. Wash lnS10e and outside of urinal with a sanitizing detergent using a commode brush or mop. Dr~ outside with pa~r towels. Inspect and IlIke necessary lIinor repalrs such IS stopplng leaks and unplugging drain. Replace screen. 8. Waste Recepticles - Eqlty all waste recepticles. If recepticle Is a floor model. remove from restroom and return after cleaning the floor. 9. Floors - Sweep and remove all debris from the floor. Mop with sanitizing detergent solution. 10. Report - Initial completed tasks on route sheet. list repairs as demand work. Report to foreman all needed repairs.