HomeMy WebLinkAbout19-Parks & Recreation
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CITY OF SAN BERNARDINO -
REQUEST FOR COUNCIL ACTION
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation and
Community Services Dept.
Date: November 15, 2002
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Subject: RESOLUTION AUTHORIZING THE
MAYOR OF CITY OF SAN
BERNARDINO OR HER DESIGNEE TO
EXECUTE AN AGREEMENT ~TH
THE SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT TO
PROVIDE CONTRACTUAL SERVICES
FOR AFTER-SCHOOL RECREATION
PROGRAMS AT SCHOOL DISTRICT
SITES.
MICC Meeting Date: Dec. 2, 2002
Synopsis of Previous Council Action:
September 17, 2001 - Mayor and Common Council approved Resolution No. 2001-294 for the
2002-2003 Children's After-School Program for Success.
Recommended motion:
Adopt Resolution
Contact person:
Lemuel P. Randolph
Phone: 384-5030
Supporting data attached:
Staffrepart, Resa & Agreement Ward: Citywide
FUNDING REQUIREMENTS:
Council Notes:
Amount: $480,000 (From Federal & State
Programs Fund)
Source: (Ace!. No.) 123-594-5014
Agenda Item NO.-19
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution authorizing the Mayor of City of San Bernardino or her designee to execute an
agreement with the San Bernardino City Unified School District to provide contractual services
for after-school recreation programs at school district sites.
Back!!:round:
The Children's After-School Program for Success (C.A.P.S.) is a grant funded program
administered by the San Bernardino City Unified School District to provide after-school
programs at city school sites. The city has been a sub-contractor to the school district in this
program since 1999. The school provides teachers and aides to teach educational and tutorial
programs. The Parks, Recreation and Community Services Department has been asked to
provide arts and crafts and other recreational activities to the youth.
The C.A.P.S. program was offered at nine elementary schools when first implemented. The
program expanded to fifteen schools in fiscal year 2000-01. This agreement will provide
funding for the designated fifteen sites, a part-time Administrative Clerk, and partial funding for
a part-time Program Specialist for the period beginning July 1,2002 through June 30, 2003.
Financial ImDact:
This agreement is funded at a $480,000 maximum all-inclusive amount. This funding provides
for after-school recreational activities at eighteen schools to cover 100 percent of costs for (2)
part-time staff for three hours per day, Monday - Friday, 1 half-time benefited administrative
support position, classroom and administrative materials, recreational equipment and supplies to
support the overall program.
There is no additional financial impact to the City. The program supervision is provided by
existing staff covered in the department's general fund budget.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 MA YOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
3 AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL
4 RECREATION PROGRAMS AT SCHOOL DISTRICT SITES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
authorized and directed to execute on behalf of said City, an agreement with the San Bernardino
City Unified School District to provide contractual services for after-school recreation programs
at school district sites. A copy of said agreement is hereby attached hereto, marked Exhibit "A"
and incorporated herein by reference 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.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
1 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
2 DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL
3 RECREATION PROGRAMS AT SCHOOL DISTRICT SITES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
Meeting,
5 and Common Council of the City of San Bernardino at a
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thereof, held on the
day of
, 2002, by the following vote to
wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
10
11
12 MC GINNIS
13
14
15
LIEN
DERRY
SUAREZ
ANDERSON
16 MC CAMMACK
17
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2002.
JUDITH V ALLES, MAYOR
City of San Bernardino
Approved as to form
And Legal content:
James F. Penman
City Attorney
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San Bernardino City Unified School District
777 North F Street
San Bernardino, CA 92410
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into this July 1,2002, by and between the SAN
BE&"iARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the
"DISTRICT," and, CITY OF SAN BERNARDINO PARKS, RECREATION &
COMMUNITY SERVICES DEPT" hereinafter referred to as the "CONSULTANT."
R E C 1 TAL S:
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;
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NOW, THEREFORE, the DISTRICT and the CONSULTANT mutually agree as follows:
I. Agreement Term
This Agreement shall be for a period beginning, Julv I. 2002 continuing through June 30.
2003. 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. CONSULTANT's Work
The CONSULTANT agrees to provide a variety of learning experiences in the area of art.
fitness and sports skills, and values through the provision of staff at each school
participating in the Children's After School for Success (CAPS) Program. (See attachment
A for participating sites).
The DISTRICT reserves the right to add or substitute grants as long as the cost remains
within the agreed upon maximum amount.
III.
Other Terms
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In addition to the learning experiences, the CONSULTANT will provide mentors to
students 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
.
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CONSULTANT agrees to provide in-kind services/activities for program administration,
site supervision, and equipment.
[] - No other terms
D - Additional terms as follows:
IV. Pavment
A. The DISTRICT agrees to compensate the CONSULTANT for services rendered to accomphsh the
results required hereunder, not to exceed $480,000.00. The CONSULTANT may invoice the DISTRICT
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
I.D. Number. The DISTRICT shall make payment to the CONSULTANT after receipt and approval of
the invoice. Invoices may be submitted after completion of:
o
o
Entire Project
o Each one-half
o Each one-fourth
Each one-third
X Other schedule - Not more than monthly upon 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 CONSULTANT 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 Cahfomia law, no disabihty or unemployment insurance will be
deducted from payments made to the CONSULTANT or paid by the DISTRICT out of DISTRICT
funds. CONSULTANT further recognizes that CONSULTANT cannot claim unemployment benefits
after services have been completed.
E. If the CONSULTANT is receiving any type of continuing retirement benefits, such as those from
Cahfomia State Teacher's Retirement System (STRS) or Pubhc Employees Retirement System (PERS)
or other retirement plan, or Social Security, or other similar benefits, the DISTRICT and the
CONSULTANT are both aware that continuance of said benefits or continuance at the same benelit
amount, is or may be subject to certain hmits on current annual income from pubhc schools and/or other
sources in order to maintain full benefits. The CONSULTANT understands and acknowledges that it has
full responsibihty for being aware of any hmits and monitoring and not accepting or contracting to
accept income in excess of said hmits. Furthermore, the CONSULTANT specifically agrees to
indemnitY, defend, and hold harmless (as defined in Section VIII) the DISTRICT, from any habihty or
damages resulting from receipt of monies paid under this Agreement, which adversely affect the
CONSULTANT's own retirement benefits.
V. Responsibilities of the CONSULTANT
A
The CONSULTANT is ultimately responsible for the results to be achieved under this Agreement. The
CONSULTANT itself, or others hired by the CONSULTANT and under the control of the
CONSULTANT, may provide the services necessary to achieve the results required under this
Agreement.
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B.
The CONSULTANT's services will be provided on an as-needed basis to accomplish the results reqUIred
under this Agreement.
C. 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 CONSULT AJ'\iT
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.
D. The CONSULTANT shall provide its services at such times as the CONSULTANT itself determines
within the scope of the results to be achieved. If the CONSULTANT is a regular employee ofa public
agency (any governmental agency or any agency 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.
E. The CONSULTANT shall complete and return to the DISTRICT the Internal Revenue Service Form
W-9 when requested to do so by the DISTRICT.
F. 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.\ 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.
G.
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 norrepresent itselfas 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 order to prevent any misconception on the part of third
parties that the CONSULTANT is an employee or representative of the DISTRICT.
VI. Information Provided bv the DISTRICT
The DISTRICT will prepare and furnish to the CONSULTANT upon the CONSULTANT's request. such
mformation 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.
VII. Cancellation for Non-Performance 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 CONSULT ANT's services are not achieving the results required hereunder, the
DISTRICT shall have the right to cancel this Agreement and terminate the performance of the
CONSULTANT's services hereunder. In the event of such cancellation, the DISTRICT shall give
written notice to the CONSULTANT of such cancellation. In the event of cancellation for unsatisfactory
performance, the DISTRICT shall be obligated to pay the CONSULTANT 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 termination
by the DISTRICT.
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VIII.
Hold Harmless
The CONSULTANT hereby agrees to indemnifY, defend, and hold harmless the DISTRlCT 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 CONSULTANT is legally liable. Said
sums shall include, in the event oflegal action, court costs, expenses oflitigation, and reasonable attorney's fees.
IX.
Special Provisions
A. The CONSULTANT shall comply with all applicable federal, state and local laws. rules, regulations. and
ordinances, including workers compensation insurance laws. The CONSULTANT 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 DISTRlCT 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.
The CONSULTANT certifies it will not 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:
, Title VI and VII of the Civil Rights Act of 1964, as amended
(Pertaining to race. color, national origin, and religion);
~ Title IX of the Education Amendments of 1972
(pertaining to sex);
" Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap); and
~ The Age Discrimination Act of 1975
(pertaining to age)
~ The Fair Employment and Housing Act of 1980
(pertaining to ancestry, race, national origin, color, sex, religion, physical handicap, medical
condition, marital status, and age)
~ The Americans with Disabilities Act of 1990
(pertaining to disability)
This non-discrimination policy covers admission and access to, and treatment and employment
in, the DISTRICT's programs and activities.
c.
This Agreement shall not be assignable except with the mutual written consent of the parties hereto.
D.
This Agreement may be amended by the mutual written consent of the parties hereto.
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E. This Agreement may be terminated by either party with a sixty- (60) day written notice.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below:
CITY OF SAN BERNARDINO PARKS,
RECREATION & COMMUNITY
SERVICES DEPT.
SAN BERNARDINO CITY UNIFIED
S OL DISTRICT
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A sistant Superintendent
:::"''"~~~
LEMUEL RANDOLPH
Director
City of San Bernardino Parks, Recreation
& Community Services
Date:
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ATTACHMENT "A"
Agreement for Consultant Services between San Bernardino City Unified School
District and City of San Bernardino Parks, Recreation & Community Services
Department.
List of Participating Schools:
I. Arrowhead Elementary
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2. Barton Elementary
3. Burbank Elementary
4. Fairfax Elementary
5. Hillside Elementary
6. Inghram Elementary
7. Lincoln Elementary
8. Lytle Creek Elementary
9. Monterey Elementary
10. Mt. Vernon Elementary
II. Muscoy Elementary
12. Newmark Elementary
13. Riley Elementary
14. Roosevelt Elementary
IS. Wilson Elementary
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 5, 2002
TO:
Lynn Knutson, Recreation Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-374
At the Mayor and Common Council meeting of December 2, 2002, the City of San Bernardino
adopted Resolution 2002-374 - Resolution authorizing the Mayor or her designee to execute an
agreement with the San Bernardino City Unified School District to provide contractual services
for after-school recreation programs at school district sites.
If
Attached is one kf) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 120 days, or by April 1, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby a~owledge receipt. ofthe above mentioned documents.
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Signed: .'-_/1 .J JJIZ..I~
'--/~ Please sign and return
Date: - - O~
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 5, 2002
YOUR COPY
TO:
Lynn Knutson, Recreation Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-374
At the Mayor and Common Council meeting of December 2, 2002, the City of San Bernardino
adopted Resolution 2002-374 - Resolution authorizing the Mayor or her designee to execute an
agreement with the San Bernardino City Unified School District to provide contractual services
for after-school recreation programs at school district sites.
Attached is one (l')~ginal agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 120 days, or by April!, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge re eipt ofthe above mentioned documents.
Signed:
Please sign and return
Date:
/tJ/l~~-------/ 70 er ~/C.^~c..
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 12,2002
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-374 - After-School Recreation Programs
CC:
Attached is a fully executed copy of the agreement with the San Bernardino City Unified School
District to provide contractual services for after-school recreation programs at school district
sites. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 12.- 2,-02- Item #
Vote: Ayes I, ~.f) Nays &
Change to motion to amend original documents: -
l<i
Resolution #
Abstain .,.g.
'UxYZ - 3'1""1
Absent ~
NullNoid After: I ill 0",,/.5, J '" -\ -C\'~
r
Reso, # On Attachments: ~ Contract term: F'j 0 7./ 0 3
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
By: -
Date Sent to Mayor: 12--3-0'2-
Date of Mayor's Signature: 12- -"'\-02-
Date ofClerk/CDC Signature: \2-S-0Z-
Reso, Log Updated: ~
Seal Impressed: ;/"
Date Memo/Letter Sent for Signature: i 2-5"0 L-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: l/" Date Returned: \7:-1'2....0"2-
See Attached:
See Attached:
Request for Council Action & Staff Report Attached: Yes ..L
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
Copies Distributed to:
City Attorney I
Parks & Rec, /
Code Compliance Dev. Services
Police Public Services Water
EDA
Others:
Notes:
No By
No /' By
No'/ By
No / By
No 7 By
Finance ,/
MIS
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: .il:h:-
Date: 121'Z-o'Z--
Revised 01/12/0 I