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HomeMy WebLinkAbout2006-316 , , RESOLUTION NO. 2006-316 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE DIRECTOR OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE 3 AMENDMENT NO.5 TO THE AGREEMENT WITH THE SAN BERNARDINO CITY 4 UNIFIED SCHOOL DISTRICT, TO PROVIDE CONTRACTUAL SERVICES FOR SEVENTEEN (17) CAPS BEFORE & AFTER-SCHOOL RECREATION PROGRAMS 5 AT SCHOOL DISTRICT SITES FOR THE PERIOD OCTOBER 1, 2006 THROUGH JUNE 30, 2007. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Director of the Parks, Recreation and Community Services 9 10 Department of the City of San Bernardino is hereby authorized and directed to execute 11 12 13 Amendment No. 5 to the agreement with the San Bernardino City Unified School District to provide contractual services for seventeen (17) CAPS before & after-school recreation programs at school district sites for the period October I, 2006 through June 30, 2007, a copy of said 14 agreement is hereby attached hereto, marked Exhibit "A", and incorporated herein by reference 15 16 17 18 19 20 III as fully as though set forth at length. 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. 21 III 22 23 24 25 26 27 III 28 III III III III III RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE DIRECTOR OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE 2 AMENDMENT NO.5 TO THE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, TO PROVIDE CONTRACTUAL SERVICES FOR 3 SEVENTEEN (17) CAPS BEFORE & AFTER-SCHOOL RECREATION PROGRAMS 4 AT SCHOOL DISTRICT SITES FOR THE PERIOD OCTOBER 1, 2006 THROUGH JUNE 30, 2007. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular Meeting, thereof, 7 held on the 5th day of September ,2006, by the following vote to wit: 8 COUNCIL MEMBERS NAYS ABSTAIN ABSENT AYES 9 ESTRADA 10 11 12 13 x x BAXTER VACANT DERRY x 14 KELLEY x 15 16 17 18 19 20 21 22 JOHNSON x MC CAMMACK x ~~ k. Ce~ Rac el G. Clark, City Clerk The foregoing resolution is hereby approved this 1 fA.. day of September ~(tic::~/" Wend)' cCammack, Mayor Pro Tern City of San Bernardino ,2006. 23 Approved as to Form: 24 25 26 By: ~j- Sp~~untlw 27 28 . ' Contract No.: 05/06-747-0056 RD 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) THE AGREEMENT made and entered into the 18th day ofJu1y, 2005, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT", and CITY OF SAN BERNARDINO PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as the "CONSULTANT" is hereby amended this 21st day of September, 2006, hereinafter Amendment NO.5. RECITALS 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 CONSULTANT 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, in consideration of the covenants and conditions hereinafter set forth, the DISTRICT and the CONSULTANT mutually agree to amend this agreement as follows: L CHANGES TO THE AGREEMENT: Pa2e 1. Article L Term of A2reement, Paragraph A is amended by adding the following language: This Agreement shall be renewed for the period beginning October 1, 2006, continuing through June 30, 2007. Pa2e 3. Article IV. Consultant's Fee and Payment Thereof, Paragraph A is amended by adding the following language: For the period October 1, 2006, through June 30, 2007, The DISTRICT agrees to compensate the CONSULTANT for services rendered in a total amount not to exceed $348,601.00 (Three Hundred Forty-Eight Thousand Six Hundred One Dollars and zero cents), except that, in the event that CONSULTANT's services exceed or are less than the not-to-exceed amount of $110,494.00 for the period July 1 - September 30, 2007, such overage or underage may be applied to the period of this Amendment No.5, Pagelof6 Consultant Services Agreement: City of San Bernardino Parks, Recreation & Conunwtity Services Department - CAPS Program . . . . ContractNo.:05/06-747-OO56RD subject to a total not-to-exceed of $459,095.00 (Four Hundred Fifty-Nine Thousand Ninety-Five DoUars and zero cents) for the full school year July 1,2006 through June 30, 2007. Pal!e 5. Article VTll. SoeciaI Provision~ Paragraph A is deleted in its entirety and is replaced by the following language: A. INSURANCE REQUIREMENTS The following insurance provisions shall be applicable only for such period of time during the term hereof that the City has not provided to the District a letter or other written certification from the Risk Management Director of the City stating to the effect that the City is a self-insured governmental entity for all purposes. In the event the City is no longer a self-insured governmental entity, then the following provisions as set forth in this Section shall be applicable to the City during such period of time during the term hereof that the City is not then a self-insured governmental entity. CONSULTANT shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with performance under this Agreement and the results of that performance by CONSULTANT, its agents, representatives, employees, or subcontractors. All insurance must be underwritten by a California-admitted carrier. No Purchase Order will be issued and no work may be performed by CONSULTANT under this Agreement until such time as all provisions of this Article are complied with by the CONSULTANT. All coverage shall be in force throughout the term of this Agreement, except that, Workers Compensation Insurance and Employers' Liability Insurance shall be maintained by the CONSULTANT for 24 months following the expiration or termination of this Agreement. If the insurance expires during the term of this Agreement, the CONSULTANT shall immediately provide a new cu"ent certificate or be declared in breach of the Agreement. The DISTRICT reserves the right to withhold all payments until the breach is cured to the satisfaction of the DISlRICT. Renewal insurance certificates must be tendered to the DISlRICT at least 30 days prior to the expiration of the previous insurance certificate. This new insurance shall be in accordance with the terms of this Agreement. In the event the CONSULTANT faily to keep in effect at all times the specified insurance coverage, the DISlRICT may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement. Mini"",m Scope of Insurance 1. Insurance coverage shall be at least as broad as: a. Insurance Services Office Commercial General Liability coverage (Occu"ence Form CG 0001) (Current Edition). Said general liability insurance shall be primary with respect to VENDOR's obligations under this Agreement and with respect to the interest of each entity named as an additional insured. Any other insurance or self- Page2of6 Consultant Services Agreement: City of San Bernardino Parks, Recreation & Conununity Services Department - CAPS Program .' Contract No.: 05/06-747-0056 RD insurance maintained by an additional insured shall be excess of said general liability insurance and shall not contribute with it. b. Insurance Services Office Form Number CA 0001 (Current Edition) covering Automobile Liability, code 1 (any auto). c. Professional Liability (Errors and Omissions) d Workers' Compensation insurance as required by the State of California, including an insurer's Waiver of Subrogation in favor of the DISTRICT. e. Employers' Liability Insurance, including an insurer's Waiver of Subrogation in favor of the DISTRICT. f Any insurance required to be carried shall be primary. Minitmlm Limits of Insurance 2. CONSULTANT shall maintain limits of insurance no less than: a. Commercial General Liability (including operations, products, and completed operations, as applicable): $1,000,000.00 per occurrence for bodily injury personal injury, and property damage. b. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage, including coverage for owned, non-owned and hired vehicles. c. Professional Liability (Errors and Omissions) coverage, including sexual molestation and abuse: $1,000,000.00 per occurrence. d Workers' Compensation insurance coverage shall be as required by the State of California e. Employers' Liability Insurance with limits of $1,000,000/ $1,000,000/ $1,000,000 for bodily injury or disease. Deductibles and Self-Insured Retentions 3. Any deductibles or self-insured retentions must be declared to and approved by the DISTRICT. At its option, DISTRICT may require the CONSULTANT, at the CONSULTANT's sole cost, to: (a) cause its insurer to reduce to levels specified by the DISTRICT or eliminate such deductibles or self-insured retentions as respects the DISTRICT, its officers, officials, employees and volunteers; or (b) procure a bond satisfactory to the DISTRICT guaranteeing payment of losses and related investigations, claims administration, and defense expenses. The CONSULTANT shall be responsible for any deductible or self-insured retention contained within the insurance. Required Policy Provisions 4. The commercial general liability, automobile liability, professional liability, and employers' liability policies are to contain, or be endorsed to contain, the following provisions: a. The DISTRICT, its subsidiaries, officers, officials, employees, agents, and volunteers are to be named as additional insured with respect to liability arising out oj' activities performed by or on behalf of CONSULTANT (including materials, parts or equipment Page 3 of6 Consultant Services Agreement: City of San Bernardino Parks, Recreation & CommWlity Services Deportment - CAPS Program , . Contract No.: 05/06-747..0056 RD furnished in connection with such activities); products and completed operations of the CONSULTANT; premises owned, occupied, or used by the CONSULTANT; or automobiles owned, leased, hired, or borrowed by or on behalf of the CONSULTANT insofar as operations under the Agreements are concerned The additional insured coverage must be provided in the form of an endorsement to the CONSULTANT's insurance using ISO CG 20101001, or equivalent. b. The coverage shall contain no special limitations on the scope of protection afforded to the DISTRICT. its subsidiaries, officers, officials, employees, and volunteers. c. For a1QI claims related to the services, the CONSULTANT's insurance coverage shall be primary insurance as respects the DISTRICT. its subsidiaries, officers, officials, employees, agents, and volunteers. A'!)' insurance or self-insurance maintained by the DISTRICT. its subsidiaries, officers, officials, employees, agents, and volunteers is wholly separate from the insurance of the CONSULTANT; shall be excess of the CONSULTANT's insurance and shall not contribute with it; and in no wtry relieves the CONSULTANT from its responsibility to provide insurance. All policies shall contain a provision clearly stating the foregoing requirement that the CONSULTANT's policies are primary insurance and that the insurance of the DISTRICT or any named insureds shall not be called upon to contribute to a1QI loss. d Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits en:ept cifter thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT. Statements that the carrier "will endeavor" and "that failure to mail such notice shall impose no obligation and liability upon the compony, its agents or representatives, " will not be acceptable on certificates. e. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in .a'!)' case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Coverage Written on a Oaims-Made Basis 5. For any coverage written on a claims-made basis, the following requirements must be met: a. The "Retro Date" must be shown, and must be before the date of the contract or beginning of the contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy from with a "Retro Date" prior to the contract effective date, the CONSULTANT must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. d. A copy of the claims reporting requirements must be submitted to the DISTRICT for review. Acceptability of Insurers 6. All policies required shall be issued by licensed insurers who are admitted to transact Page 4 of6 Consullant Services Agreement: City of San Bernardino Parks, Recreation & CommWlity Services Department- CAPS Program " " ' Contract No.: 05/06-747-0056 RD business in the State of California; who maintain an agent for process within the state; and who have a current A.M Best Financial Strength Rating of not less than A, and Financial Size Category of not less than VIIL unless otherwise approved in advance in writing by the DISTRICT. Evidence Required 7. The CONSULTANT shallfile with the DISTRICT evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include Certificate of Liability Insurance (ACORIJI'M Form 25 or equivalent) and amendatory endorsements effecting coverage required by this Article. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer authorized by that insurer to bind coverage on its behalf. All Certificates of Insurance shall reference the contract number; shall include the name of the CONSULT ANT submitting the certificate; shall certify the nanres of the insured and any additional primtuy insureds; shall specify the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance; and shall contain all of the endorsements required by this Agreement. All certificates and endorsements meeting requirements of above conditions are to be received and approved by the DISTRICT before work commences. As an alternative, the CONSULTANT's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Master Contract. The District reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors 8. The CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish seporate certificates and endorsements for each subcontractor to the DISTRICT for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein. Additional Insurance Provisions 9. The foregoing requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT, and any approval of said insurance by the DISTRICT, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the CONSULTANT pursuant to this agreement, including but not limited to, the provisions concerning indemnification. Page 5 of6 Consultant Services Agreement: City of San Bernardino Parks, Recreation & Conununity Services Department - CAPS Program \ Contract No.: 05/06-747-0056 RD 10. lfatany time during the life of the agreement, the CONSULTANTfails to maintain in full force any insurance required by the agreement documents, the DISTRiCT may terminate the agreement. 11. The DISTRiCT may require the CONSULTANT to provide complete copies of all insurance policies in effect for the duration of the Project. 12. Neither the DISTRiCT, nor the board, nor any member of the board, nor any of the directors, officers. employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of the Contract. Attachment "A." List of Particioatinl! Schools, is amended by correcting the spelling of item 8 to "Inghram Elementary" and by deleting the following language: 17. Warm Springs Elementary IL AMENDMENT CONDmONS: Any prior Amendment to this Agreement is hereby revoked to the extent it is inconsistent with this Amendment. All other terms and conditions will remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No.3 in duplicate as set forth below. CITY OF SAN BERNARDINO PARKS, RECREATION & COMMUNITY SERVICES D PARTMENT SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AD Z. ISLAM Assi ant Superintendent Business and Finance Date: 9~ ~o -6(, Date: SEP 2 7 2006 Approved as to Form: ~J- S ~-#tf I Cd""'Se/ Page 6 of6 Consultant Services Agreement: City of San Bernardino Parks, Recreation & Community Services Department - CAPS Program