HomeMy WebLinkAbout2005-244
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RESOLUTION NO.
2005-244
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORiZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED
3 SCHOOL DISTRiCT TO PROVIDE CONTRACTUAL SERVICES FOR BEFORE &
4 /AFTER-SCHOOL RECREATION PROGRAMS AT EIGHTEEN (18) SCHOOL
DISTRiCT SITES.
5
6
7
BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of City of San Bernardino or her designee is hereby authorized
9 and directed to execute on behalf of said City, an agreement with the San Bernardino City
10 Unified School District to provide contractual services for before & after-school recreation
11
programs at eighteen (18) school district sites. A copy of said agreement is hereby attached
12
13
hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at
length.
14
15
16
17
18 III
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the Office of the
City Clerk within 120 days following effective date of the Resolution.
19 III
20 III
21 III
22
III
23
24
25
III
III
III
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27
28
III
III
III
III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
XECUTE AN AGREEMENt WIm mE SAN BERNARDINO CITY UNIFIED
2 SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR BEFORE &
3 ER-SCHOOL RECREATION PROGRAMS AT EIGHTEEN (18) SCHOOL
ISTRICT SITES
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
and Common Council of the City of San Bernardino at a joint regular Meeting,
6 thereof, held on the 18th day of July , 2005, by the following vote to
7
8
wit:
9 COUNCIL MEMBERS
10
11
12
ABSTAIN ABSENT
AYES
NAYS
ESTRADA
x
LONGVILLE
x
MC GINNIS
x
13 DERRY
14 KELLEY
x
x
15
16
17
18
19
20
21
22
23
x
JOHNSON
MC CAMMACK
x
Approved as to form
24 And Legal content:
25
26
The foregoing resolution is hereby approved this
,2005.
James F. Penman
City Attorney
27 By: ~
28 S ;~~CtJ'~~.rt" I
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Contract No.: 05106-747-0056 RD
AITACHMENT"A"
AFREEMENT FOR CONSULTANT SERVICES IN COLLARBORATION WITH
DISTRICT FOR THE CREATIVE AFTER SCHOOL PROGRAM FOR SUCCESS
(CAPS)
List of Participating Schools:
I. Arrowhead Elementary
2. Barton Elementary
3. Bradley Elementary
4. Burbank Elementary
5. Emmerton Elementary
6. Fairfax Elementary
7. Hillside Elementary
8. Ingram Elementary
9. Lincoln Elementary
10. Monterey Elementary
II. Mt. Vernon Elementary
12. Muscoy Elementary
13. Newmark Elementary
14. Riley Elementary
15. Rio Vista Elementary
16. Roosevelt Elementary
17. Warm Springs Elementary
18. Wilson Elementary
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San Bernardino City Unified School District
Purchasing Services Department
-- Contractor Certification --
Concerning Department of Justice (DOJ) fingerprint and criminal background
Investigation requirements of Education Code section 45125.1 et seq.
With respect to the Agreement dated , between the San Bernardino City Unified
SchooIDlstrlct-"DISTRICT" and Ci1;y of San Bernardino Parks. Recreation & COlllllunity Services
_ "CONTRACTOR: for provision of Drovi di nQ contractual servi ces for Before & After School
Recreation Programs at school district sites. services:
REQUIREMENTS MET
A) D The CONTRACTOR hereby certifies to the DISTRICT's governing board that It has completed the
criminal background check requirements of Education Code (EC) section 45125.1 and that none of its
employees that may come into contact with DISTRICT students have been convicted of a violent felony listed in
Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).
--0 R--
IMPORTANT NOTICII: I' YOU AU UQUIISTING A WAlVI!R, BII ADVlallD THAT NO
allRVIClla ARII TO BII PROVlDIID UNTIL aUCH WANIIR la APPROVl!D.
REQUEST FOR WAIVER
B) 0 The CONTRACTOR requests a waiver of the Department of Justlce(DOJ) fingerprint and criminal
background Investigation for the following reason(s) permitted by Education Code section 45125.1 et seq.
o The CONTRACTOR and its employees will have NO CONTACT with pupils. (No school-site services will be provided.)
o The CONTRACTOR and its employees will have UMITED CONTACT with pupils, (Attach information about length of time
on school grounds, proximity of work area to pupil areas, whether CONTRACTORlits employees will be working by
themselves or with others, and any other factors that substantiate limited contact.) IEC 45125.1 (c))
o The CONTRACTOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupils but will assure that
ONE(l) OR MORE of the following methods are utilized to ensure pupil safety. [EC 45125.2(a)]
-- Check all methods to be used:
o 1) Installation of a physical barrier at the worksite to limit contact with pupils
o 2) Continual supervision and monitoring of all employees of the CONTRACTOR by an employee of the
CONTRACTOR who has not been convicted of a serious or violent felony as ascertained by the DOJ
o 3) Surveillance of employees 01 the CONTRACTOR by school personnel
D The services provided by the CONTRACTOR are for an "EMERGENCY OR EXCEPTIONAL SITUATION, luch al
when pupil health or safety II endangered or when repalrl are needed to make Ichool facllltlea
sale and habitable" IEC 45125.1 (b)]
CERTIFICATION I WAIVER REQUEST BY CONTRACTOR AUTHORIZED AGENT:
nir~r.tor
Signature
Title
Date
BOTH APPROVALS BELOW ARE REQUIRED:
Office WAIVER REQUEST:
use
only By: Date
MoMmmlld Z '-Mm, AnI"'nt Superlnr.ndent Bu-'_ SMvIca DIvtMm OR other AUfIroI1zH
WAIVER REQUEST:
~: Da~
Harold VoI/kommer. ANlmnt superintendent, Human RtI<<HHCN DIvWon OR other AuthorIad A"m
Revised 8/13103
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Vendor/Customer Name and Address
(Type or place label here)
TY OF SAN 8F.RNAR[W~(i
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P RKS, RECREATION & COMMUNITY SERVICES
547 North Sierra Way
San Bernardino. California 92410-4816
IirJUN - 7 AM II: 21
Vendor Tax Information
R E eEl V E D (Substitute Form W-9)
INDIVIDUAL
Name of Individual
(as it appears on Social Security Card)
Social Security Number (SSN)
Resident of California(Check one) YES
NO
SOLE PROPRIETOR
Name of Individual Owner
Business Name
Taxpayer Identification Number I SSN
, (Use number that income from business will be reported under)
Resident of California(Check one) YES
,
NO
PARTNERSHIP
Name of Partnership
Federal Identification Number
Resident of California(Check one)
YES
NO
,
CORPORATION
Name of Corporation
Federal Identification Number
Qualified to do business in California and/or perma-
nent place of business in California(Check one) YES
NO
TAX EXEMPT ORGANIZATIONlENTITY
, Name of Organization or EntityCitv of San Bernardino
Department or Unit, if applicable Parks . Recreati on & COlll11uni ty Servi ces Dep .
Federal Identification Number 95-6000772
Why Are You Tax Exempt? Local Government/Subdi vi sian
Under~f perjury that the Information provided on this document Is tru, e and correct
/ ' ). /
/ , Account Manager ~ 1 !t> '> (909)
Title Date Tel No.
384-5544
Failure to furnish correct Information and return
this form will subJect our payment(s) to you to
31% backup withholding per IRS regulations.
Return this Form to:
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
Attn: Richard Doolittle, Contract Analyst, Purchasing Dept.
777 North F Street
San Bernardino, CA 92410-3017
W-9 Tax Form
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2005-244
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Contract No.: OSI06-747-OOS6 RD
ORIGINAL'
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North F Street
San Bernardino, CA 92410
AGREEMENT FOR CONSULTANT SERVICES IN
COLLABORATION WITH DISTRICT FOR
THE CREATIVE BEFORE AND AFTER SCHOOL PROGRAM FOR SUCCESS (CAPS)
TInS AGREEMENT is made and entered into this t~ day of'iJ42oo5, by and between the
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRIa, h~inafter referred to as the
"DISTRICT", and CITY OF SAN BERNARDINO PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as the
"CONSULTANT".
RECIT ALS
WHEREAS, the DISTRICT is authorized by Section 53060 of the California Government Code
to contract with and employ any persons for the furnishing of special services and advice in
financial, economic, accounting, engineering, legal, or administrative matters, if such persons are
specially trained and experienced and competent to perform the special services required; and,
WHEREAS, the CONSULTANT itself is, or, those hired by the CONSULT ANT are, specially
trained, experienced and competent to render the special services required by the DISTRICT,
and such services are needed on a limited basis; and,
NOW, THEREFORE, the DISTRICT and the CONSULTANT mutually agree as follows:
1 TERM OF AGREEMENT
A. This Agreement shall be for a period beginning July 1, 2005, continuing through
June 30, 2006.
B. Upon a showing of good and sufficient cause by the CONSULTANT, the
DISTRICT may at its discretion, grant such extensions of time as it may deem
advisable in which the CONSULTANT may accomplish the results required
hereunder; provided, however, the DISTRICT shall not. be obligated to pay the
CONSULTANT any additional consideration if such an extension of time has
been granted.
II. RESPONSmn..ITIES OF THE CONSULTANT
A. The CONSULTANT will provide a variety of learning experiences in the area of
art, fitness, sports skills, and values through the provision of Recreational Aides at
each school participating in the Creative Before and After School for Success
(CAPS) Program. A List of participating schools is attached to this agreement as
Attachment "A" and incorporated herein by this reference and made a part hereto.
Consultant Services Agreement: City of San Bernardino Parks, Recreation Services - CAPS Program
Page 1 of7
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2005-244
~CoritractNo.: 05/06-747-0056 RD
B. In addition to the learning experience, the CONSULTANT will provide a
mentoring program in cooperation with the DISTRICT that targets populations of
elementary school students as a deterrent to juvenile crime, gangs, and other
delinquent behaviors. Also, the CONSULTANT agrees to provide in-kind
services/activities for program administration, site supervision and equipment.
C. The CONSULTANT is ultimately responsible for the results to be achieved under
this Agreement. The CONSULT ANT, itself, or other hired by the CONSULTANT
and under the control of the CONSULTANT, may provide the services necessary
to achieve the results required under this Agreement.
D. The CONSULTANT's services will be provided on an as-needed basis to
accomplish the results required under this Agreement.
E. The CONSULTANT will perform services to achieve the results required
hereunder in the CONSULTANT's own independent way as an independent
contractor in the pursuit of the CONSULTANT's independent calling and not as
an employee of the DISTRICT. The CONSULTANT shall be under the control
of the DISTRICT as to the results to be accomplished and not as to the means or
manner by which such results are to be accomplished.
F. The CONSULTANT shall provide its services at such times as the
CONSULT ANT itself determines within the scope of the results to be achieyed.
If the, CONSULTANT is a regular employee of a public agency (any
governmental agency or agent supported by public tax dollars), all services which
the CONSULTANT renders under this Agreement will be performed at times
other than the CONSULTANT's regular assigned workday for said entity, or
during periods of vacation or leave of absence from said entity, in order that the
CONSULTANT shall not receive double compensation from public tax dollars
for its time.
G. The CONSULTANT shall provide all of its own supplies, equipment, and
materials as may be necessary within the scope of the results to be achieved.
H. The CONSULTANT shall complete and return to the DISTRICT the Internal
Revenue Service Form W-9, which is included as an enclosure with the
Agreement package.
I. The CONSULTANT understands that, as an independent contractor, it is not an
employee of the DISTRICT and agrees that it will not purport to be nor represent
itself as a DISTRICT employee, officer, or agent. The CONSULTANT agrees
that it will not act as nor perform in the capacity of a DISTRICT employee. The
CONSULTANT further agrees that it will specifically explain its independent
contractor, non-employee status to those' it contacts (including DISTRICT
employees and non-DISTRICT employees), as a result of its work hereunder, in
Consultant Services Agreement: city of San Bernardino Parks, Recreation Services - CAPS Program
Page20f7
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COIltnJctNo.: OSI06-747-OOS6RD
order to prevent any misconception on the part of third parties that the
CONTRACTOR is an employee or representative of the DISTRICT.
J. The CONSULTANT agrees to conduct and certify to the DISTRICT's governing
board that it has completed any background check requirements of Education
Code Sections 45122.1 and 45125.1 and has returned the Contractor Certification
form in advance of providing any contracted services described herein with the
DISTRICT. Any expenses incurred to implement this requirement will be the
sole responsibility of the CONSULTANT.
m. RESPONSffiILITIES OF THE DISTRICT
A. The DISTRICT will prepare and furnish to the CONSULTANT upon the
CONSULTANT's request, such information as is reasonably necessary to the
performance of the CONSULTANT's work under this Agreement. The
CONSULTANT understands that all.information provided to the CONSULTANT
is the property of the DISTRICT and shall not be removed from the DISTRICT's
possession. Failure to keep such information confidential and/or failure to return
information requested by the DISTRICT is reasonable cause for termination of
this Agreement and may subject the CONSULTANT to liability for damages to
the DISTRICT.
B. The DISTRICT reverses the right to add to or substitute grants as long as the cost
remains within the agreed upon maximum amount
IV. CONSULTANT'S FEE AND PAYMENT THEREOF
A. The DISTRICT agrees to compensate the CONSULTANT for services rendered
in a total amount not to exceed $401,109.00 (four hundred one thousand one
hundred nine dollars). The CONSULTANT may invoice the DISTRICT, on a
monthly basis, as the work progresses for that portion of the work that has been
completed. The invoice shall describe in detail the services rendered and must
include the CONSULTANT's Social Security or Federal Tax lD. Number. The
DISTRICT shall make payment to the CONSULTANT after the receipt and
approval of the invoice.
B. The CONSULTANT's fee is inclusive of all services hereunder and the
DISTRICT will pay no separate amount for travel or other expenses of the
CONSULT ANT under this Agreement.
C. The DISTRICT will not withhold federal or state income tax deductions from
payments made to the CONSULTANT under this Agreement.
D. The CONSULTANT is aware that under California law, no disability or
unemployment insurance will be deducted from payments made to
CONSULTANT or paid by the DISTRICT out of DISTRICT funds.
Consultant Services Agreement: City of San Bernardino Parks, Recreation Services - CAPS Program
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, . 2005-244
. C~tract No.: 05106-747-0056 RD
CONSULTANT further recognizes that CONSULT ANT cannot claim
unemployment benefits after services have been completed.
E. If the CONSULT ANT is receiving any type of retirement benefits, such as those
from California State Teacher's Retirement System (STRS) or Public Employee's
Retirement System (PERS) or other retirement plan, or Social Security, or other
similar benefits, the DISTRICT and the CONSULT ANT are both aware that
continuance of said benefit amount, is or may be subject to certain limits on
current annual income from public schools and/or other sources in order to
maintain full benefits. The CONSULTANT understands and acknowledges that it
has full responsibility for being aware of any limits and monitoring and not
accepting or contracting to accept income in excess of said limits. Furthermore,
the CONSULTANT specifically agrees to indemnify, defend, and hold harmless
(as defined in Section VI) the DISTRICT, from any liability or damages resulting
from receipt of monies paid under this agreement, which adversely affect the
CONSULTANT's own retirement benefits.
V. INVOICES
Any invoices submitted for these services shall be sent directly to both:
Bobby Pregman
2204 Sunrise Lane, Apt. #Al
San Bernardino, California 92404
Narciso Cardona
Student Services
777 North F Street
San Bernardino, California 92410
The Agreement number on the upper left side of this page should always be referenced in
any correspondence or invoices pertaining to this Agreement to the DISTRICT. ,The
invoice shall describe in detail the services renqered and must include the
CONSULTANT's Social Security or Federal tax J.D. number, and the purchase order
number. The DISTRICT shall make payment to the CONSULTANT after receipt and
approval of the invoice(s).
VI CANCELLATION FOR NON-PERFORMi\NCE OR NON-COMPLIANCE OF
CONSULTANT
A. If, at any time during the performance of this Agreement, the DISTRICT
determines, at the DISTRICT's sole discretion, that the CONSULTANT's
services are not achieving the results required hereunder, the DISTRICT shall be
obligated to pay the CONSULT ANT only for that portion, if any, of the results
achieved.
B. Non-compliance by the CONSULTANT with the terms of this Agreement shall
be cause for suspension and/or termination by the DISTRICT. The DISTRICT
shall provide written notice to the CONSULT ANT including the reasons for
suspension or termination under this proVision. If the Contract is suspended, the
Consultant Services Agreement City of San Bernardino Parks, Recreation Services - CAPS Program
Page40f7
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.2005-244
~ eon1nlctNo.: 05/06-747-OO56RD
CONSULTANT shall have five (5) business days to cure the condition(s) for
which the suspension was given or the contract will be terminated.
VII. HOLD HARMLESS
The CONSULTANT hereby agrees to indemnify, defend, and hold harmless the
DISTRICT and its departments, agents, officers, and employees from any and all claims
or sums which the DISTRICT or any of its departments, agents, officers, or employees
may be obligated to pay by reason of any liability of any kind imposed upon them,
including damages to property or injury or death of persons; arising out of the
performance of the services rendered by the CONSULTANT or caused by any error,
omission, or act of the CONSULTANT or of any person employed by the
CONSULTANT or of any others for whose acts the CONSULT ANT is legally liable.
Said sums shall include, in the event of legal action, court costs, expenses of litigation,
and reasonable attorneys' fees.
VIII. SPECIAL PROVISIONS
A. INSURANCE REQUIREMENTS
The CONSULT ANT shall comply with all applicable federal, state and local
laws, rules, regulations, and ordinances, including workers' compensation
insurance laws. The CONSULT ANT understands that as an independent
contractor, it is not covered by any type of DISTRICT insurance, including
workers' compensation insurance. The CONSULTANT shall provide, through
insurance policies or self-insurance, workers' compensation insurance coverage
for its employees who provide services hereunder, and insurance coverage for any
and all claims for damages, injury, death or liability it may sustain or impose on
others including the DISTRICT. The DISTRICT understands that the
CONSULTANT may use independent contractors, volunteers, or others not
covered by the CONSULTANT's workers' compensation insurance coverage, to
provide services hereunder. The CONSULTANT shall advise such persons
providing services hereunder at the direction of the CONSULTANT that the
DISTRICT does not provide workers' compensation insurance and the
CONSULTANT shall hold the DISTRICT harmless from any and all claims for
damages that may be asserted by such persons.
B. ASSIGNMENT
The CONSULTANT shall not in any manner, directly or indirectly, by operation
of law or otherwise, assign, transfer or" encumber this Contract or any portion
hereof of any interest herein, in whole or in part, without the prior written consent
of the DISTRICT. If consent is not given by the DISTRICT to assign, transfer, or
encumber this Contract, such action shall be deemed automatically void. This
Agreement shall not be assignable except with the mutual written consent of the '
, parties hereto.
Consultant Services Agreement: City of San Bernardino ParIes, Recreation Services - CAPS Program
Page 5 of7
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Contract No.: 05106-747-0056 RD
C. MODIFICATION
This Agreement may be amended by the mutual written consent of the parties
hereto. If any actual or physical deletions or changes appear on the face of the
Agreement, such deletions or changes shall only be effective if the initials of both
contracting parties appear beside such deletion or change.
IX. DISTRICT AND PUBLIC POLICIES
A. By signing this agreement the CONSULTANT acknowledges receipt and
acceptance of the following DISTRICT policies:
1. Smoking and Use of Tobacco at District Facilities Policy (No. 3520a-b).
2. Affirmative Action Program for Equal Employment Opportunity Policy
(No. 4136).
3. Nondiscriminatory Harassment Policy (No. 4136. la-c).
4. Drug-Free Workplace Policy (No. 4205).
B. All parties agree that the CONSULTANT shall abide by the same terms and
conditions of conduct as is expected of DISTRICT employees in each of these
policies, without the implication of employment. It is further .understood that
failure to abide by these policies may result in immediate termination of this
agreement and, in addition, may result in other personal legal avenues of remedy
on the part of the individuals involved. While it is acknowledged that these
policies specifically address employees of the DISTRICT, it is understood that the
CONSULTANT is not an employee of the DISTRICT.
C. The CONSULTANT certifies it will not unlawfully discriminate on the basis of
race, color, national origin, ancestry, sex (including sexual harassment), marital
status, handicap, disability, medical condition, religion, or age in any of its
policies, procedures, or practices in compliance with:
1. Title VI and VII of the Civil Rights Act of 1964. as amended
(pertaining to race, color, national origin, and religion);
2. Title IX of the Education Amendments of 1972
(pertaining to sex discrimination);
3. Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap);
4. The Age Discrimination Act of 1975
(pertaining to age);
5. The Fair Employment and Housing Act
(pertaining to ancestry, race, national origin, color, sex, religion, physical
or mental disability, medical condition, marital status, and age over 40);
and,
6. The Americans with Disabilities Act of 1990
(pertaining to disability)
Consultant Services Agreement: City of San Bernardino Parks, Recreation Services - CAPS Program
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2005-244
Contract No.: 05106-747-0056 RD
It is the responsibility of the CONSULT ANT to ensure that those employed by or
subcontracted by the CONSULT ANT also adheres to DISTRICT and Public
Policies. These non-discrimination policies cover admission and access to, and
treatment and employment in, the DISTRICT's programs and activities.
X. COMPLETE AGREEMENT
This document represents the entire agreement and understanding between the
DISTRICT and CONSULTANT. The terms of this Agreement will prevail over any
different or additional terms in any other agreement. One or more waivers of any term,
condition or covenant by either party shall not be construed as a waiver of any other term,
condition or covenant.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO PARKS,
RECREATION AND COMMUNITY
SERVICES DEPARTMENT
~
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Director
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
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M AD Z. ISLAM
Assistant Superintendent
Business Services Division
Date:
f;!&)
Date:
AUG 9 2005
Approved as to Form
and Legal Content:
JAMES F. PENMAN,
City Attorney
By, '-/~L
Specia unsel
Consultant Services Agreement: City of San Bernardino Parks, Recreation Services - CAPS Program
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2905-244
. Contract No.: 05/06-747-0056 RD
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ATIACHMENT "A"
AFREEMENT FOR CONSULTANT SERVICES IN COLL.t\RBORATION WITH
DISTRICT FOR THE CREATIVE AFfER SCHOOL PROGRAM FOR SUCCESS
(CAPS) ;.!',' r';' Ii.', i.':,'
List of Participating Schools:
1. Arrowhead Elementary
2. Barton Elementary
3. Bradley Elementary
4. Burbank Elementary
5. Emmerton Elementary
6. Fairfax Elementary
7. Hillside Elementary
8. Ingram Elementary
9. Lincoln Elementary
10. Monterey Elementary
11. Mt. Vemon Elementary
12. Muscoy Elementary
13. Newmark Elementary
14. Riley Elementary
15. Rio Vista Elementary
16. Roosevelt Elementary
17. Warm Springs Elementary
18. Wilson Elementary