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Home My WebLink About14-Parks & Recreation Dept: Parks, Recreation & Community Services - - REQUEST FOR COUNCIL ACTION . Sub' RESOLUTION OF THE CITY OF SAN BERNARDINO lect: AUTHORIZING THE EXECUTION OF A WORK CREW CONTRACT BETWEEN PARTNERSHIPS WITH INDUSTR PWI AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPART- MEIfT TO PROVIDE WORK CREWS AT PARK FACIUTI C;TY OF SAN BERNARDINO . .'. From: Annie F. Ramos, Director Date: July 28, 1993 Synopsis of Previous Council action: June 15, 1992 - Approved Resolution 92-203 authorizing a similar work crew agreement for the periOd July I, 1992 - June 3D, 1993. Recommended motion: Adopt the Resolution. a..-..l~~ Contact person: Tnm Rnggc Phone: 5032 Supporting data attached: Staff Report, Resolution & Agreement.Ward: City Wide FUNDING REQUIREMENTS: Amount:~22 ,992 Annua 11 y Source: (Acct. No.! 001-382-53150 (Acct. Descriotionl F;_'(/t/' ~ Council Notes: 75-0262 Agenda Item No If - CiTY OF: .SAN BERNAW>>INO - REQUEST FO, COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING TBB EXECUTION OF A WORJt CREW CONTRACT BETWEEN PARTNERSHIPS WITH IHDUSTRY-PWI AND CITY OF SAN BERNARDINO PARD, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE WORK CREWS AT CITY PARD FACILITIES. The parks, Recreation and Community Services Department staff has worked with city Schools Special Education Department for the past three years to use parks and recreation facilities as training sites for handicapped students who were in need of learning job skills which would assist them in finding gainful employment. Two years ago, Partnerships with Industry (PWI) began a. program to provide work crews made up of those who had been trained through the school district program. This department has utilized such crews since August 1, 1991. The use of PWI work crews has proven successful in that it has provided more than 10,000 hours of labor on such tasks as painting over graffiti, weeding, cleaning buildings and restrooms, litter removal, and planting trees and shrubs. These types of tasks are extremely time consuming, however necessary, and the use of these work crews allows the regular employees to put their time on the tasks that require more skilled labor. The PWI crews provide approximately $129,500 worth of labor that would be performed by regular full time employees if these PWI crews were not available. with the PWI contract costing $22,992, it is evident that this is a cost effective program. The renewal of the work crew contract will provide for a continuing, worthwhile and beneficial endeavor between public and private agencies to meet the needs of a significant part of our population. It is recommended that this contract be approved. industry-PWI 7/28/93 75-0264 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. 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 An 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- 5 Bernardino at a 6 day of 7 wit: 8 COUNCIL MEMBERS 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 VACANT 14 POPE-LUDLAM 15 MILLER 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 1 2 3 4 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY DEPARTMENT TO EXECUTE A CONTRACT BETWEEN THE CITY AND PARTNERSHIPS WITH INDUSTRY-PWI. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San meeting thereof, held on the , 1993 by the following vote, to ~ ~ ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this day of , 1993. Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney -2- Partrw:-ships With Indltttry -.PWI -- ~-_.._-- -- ~-_..~---~-_.__.~-----"- -_._---_._-~~-~~ We assist persons with disabilities to work in the community - it's good business Work Crew Contract Beginning: With the City of San Bernardino And Partnerships With Industry (PWI) To: June 30, 1994 July 1, 1993 Provisions of Agreement The services provided under this agreement shall be performed by clients of Partnerships With Industry (PWl), 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 I): 1. Painting 2. Building and restroom cleaning 3. Utter 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 homs 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 inlllke 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 nota 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 confidentiaIly hold information regarding the disabilities of crew members or obtain written consent from the member(s) to disclose such information. Nonb San Dieso C_ty: 530 W.., Vi... Way, Suite 200. Vista, CA 92083, (619) 941-7534 San DiegoC-ty: 7851 Mission Centerc-. Suite 120. San Diego, CA 92108. (619) 291.7595 The Inland Empire: 21900Banoo Road, BIdgD. Suite 110. Grand Terrace, CA. 92324. (714) 424-1430 . . 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 (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 PWI admin/month Total cost = $1.916.03 Total per month Twe 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 Bemardino, 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 PWl's performance under the terms of this agreement, excepting only liability arising out of the sole negligence of the City. . . Without limiting PWl'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 Bemardino is named as additional insured as respects the operations of the na.'11ed insured performed under contract with the City. 2. It is agreed that any insurance maintained by the qty 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: '"Ibis insurance shall not be cancelled, limited or non-renewed until after thirty days written notice has been given to the City" - . . 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 opponunity provided by the City enables persons with developmental disabilities to earn an income, prove their worth as valued workers, and most imponantly, 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 Annie F. Ramos, Director, DepL of Parks, Recreation and Community Service Peter Callstrom, PWI Executive Director Dale Dale Approved as to form and legal content: James F. Penman, City Attorney