HomeMy WebLinkAbout2007-320
1
2
3
4
5
6
7
8 BE IT RESOLVED BY THE CITY MANAGER AND COMMON COUNCIL OF
9 HE CITY OF SAN BERNARDINO AS FOLLOWS:
RESOLUTION NO.
2007-320
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
AN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
GREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
o PROVIDE CONTRACTUAL SERVICES FOR FOURTEEN (14) CREATIVE
EFORE & AFTER-SCHOOL PROGRAMS FOR SUCCESS AT SCHOOL DISTRICT
ITES FOR THE PERIOD JULY 1, 2007 THROUGH JUNE 30, 2008, AND RATIFYING
ACTION TAKEN BETWEEN JULY 1, 2007 AND THE DATE THAT THIS
SOLUTION IS ADOPTED.
10
SECTION 1. The City Manager of City of San Bernardino is hereby authorized to
11
12
13
14
15
16
17
18
19
20
21
22
23 II
24 II
25 II
26 II
xecute on behalf of said City, an Agreement with the San Bernardino City Unified School
istrict to provide contractual services for fourteen (14) Creative Before & After-School
rograms for Success at school district sites for the period July 1, 2007 through June 30, 2008;
ince the implementation date of the Agreement is July 1,2007, any action taken between July 1,
007 and the date that this Resolution is adopted is hereby ratified. A copy of said Agreement is
ttached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set
orth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
er effect if the agreement is not executed by both parties and returned to the Office of the
ity Clerk within 120 days following effective date of the Resolution.
27 II
28 II
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
2 AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO
PROVIDE CONTRACTUAL SERVICES FOR FOURTEEN (14) CREATIVE BEFORE &
3 AFTER-SCHOOL PROGRAMS FOR SUCCESS AT SCHOOL DISTRICT SITES FOR THE
PERIOD JULY 1, 2007 THROUGH JUNE 30, 2008, AND RATIFYING ANY ACTION
4 TAKEN BETWEEN JULY 1, 2007 AND THE DATE THAT TillS RESOLUTION IS
ADOPl'ED.
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
Common Council of the City of San Bernardino at a j oint regular
Meeting, thereof, held
,2007, by the following vote to wit:
NAYS ABSTAIN ABSENT
q~~J.;,. C~
Rac el G. Clark, City Clerk
20
21
22
23
The foregoing resolution is hereby approved this ~ day of August
,2007.
~~
atIi J. Morris.
. f San Bernardino
24 Approved as to form
25
26
27
28
d:".J
2007-320
Contract No.: 05/06-747-0056 RD
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North F Street
San Bernardino, CA 92410
AGREEMENT FOR
THE CREATIVE BEFORE AND AFTER SCHOOL PROGRAM FOR SUCCESS (CAPS)
TIllS AGREEMENT is made and entered into this 1st day ofJuly 2007, 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 "CITY".
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
fmancial, 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 CITY itself is, or those hired by the CITY 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 CITY mutually agree as follows:
I. TERM OF AGREEMENT
A. This Agreement shall be for a period beginning July 1, 2007, through June 30,
2008 with four annual options to renew at the discretion of the DISTRICT.
B. Upon a showing of good and sufficient cause by the CITY, the DISTRICT may at
its discretion, grant such extensions of time as it may deem advisable in which the
CITY may accomplish the results required hereunder; provided, however, the
DISTRICT shall not be obligated to pay the CITY any additional consideration if
such an extension of time has been granted.
II. RESPONSffiILITIES OF THE CITY
A. The CITY will provide a variety of learning experiences in the area of art, fitness
and sports skills, and values through the provisions 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.
B. In addition to the learning experience, the CITY will provide a mentoring
program in cooperation with the DISTRICT that targets populations of elementary
CAPS Program: City of San Bernardino Parks, Recreation &. Community Services Department
Page 1 of!
2007-320
Con'tnu:t No.: 05/06-747-0056 RD
school students as a deterrent to juvenile crime, gangs, and other delinquent
behaviors. Also, the CITY agrees to provide in-kind services/activities for
program administration and site supervision.
C. The CITY is ultimately responsible for the results to be achieved under this
Agreement. The CITY itself, or other hired by the CITY and under the control of
the CITY, may provide the services necessary to achieve the results required
under this Agreement.
D. The CITY'S services will be provided on an as-needed basis to accomplish the
results required under this Agreement.
E. The CITY will perform services to achieve the results required hereunder in the
CITY'S own independent way as an independent contractor in the pursuit of the
CITY'S independent calling and not as an employee of the DISTRICT. The
CITY 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 CITY shall provide its services at such times as the CITY itself determines
within the scope of the resuhs to be achieved. If the CITY is a regular employee
of a public agency (any governmental agency or agent supported by public tax
dollars), all services which the CITY renders under this Agreement will be
performed at times other than the CITY'S regular assigned workday for said
entity, or during periods of vacation or leave of absence from said entity, in order
that the CITY shall not receive double compensation from public tax dollars for
its time.
G. The CITY shall complete and return to the DISTRICT the "CITY Tax
Information - Substitute Form W-9," which is included as an enclosure with the
Agreement package.
H. The CITY 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 CITY agrees that it will not act as
nor perform in the capacity of a DISTRICT employee. The CITY 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 CONTRACTOR is an employee
or representative of the DISTRICT.
I. The CITY 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 "Fingerprint and Criminal Background
Check Certification" in advance of providing any contracted services described
CAPS Program: City of San Bernardino Patb, Recreation & Community Services Department
Page 2 of 11
2007-320
Contract No.: 05/06-747-0056 RD
herein with the DISTRICT. Any expenses incurred to implement this requirement
will be the sole responsibility of the CITY.
ill. RESPONSffiILITIES OF THE DISTRICT
A. The DISTRICT will prepare and furnish to the CITY upon the CITY'S request,
such information as is reasonably necessary to the performance of the CITY'S
work under this Agreement. The CITY understands that all information provided
to the CITY is the property of the DISTRICT and shall not be removed from the
DISTRICT's possession. Failure to keep stich information confidential and/or
failure to return information requested by the DISTRICT is reasonable cause for
termination of this Agreement and may subject the CITY to liability for damages
to the DISTRICT.
B. The DISTRICT reserves the right to add to or substitute grants as long as the cost
remains within the agreed upon maximum amount
IV. CITY'S FEE AND PAYMENT THEREOF
A. The DISTRICT agrees to compensate the CITY for services rendered in a total
amount not to exceed $344,606.00 (three hundred forty four thousand six hundred
six dollars). This amount is subject to reduction without notice at the sole
discretion of the DISTRICT; any such reduction will usually be, but is not limited
to, a response to loss of grant money for this program. The CITY 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 CITY'S Social Security or Federal Tax J.D.
Number. Payment to the CITY shall be made by the DISTRICT after the receipt
and approval of the invoice.
B. The CITY'S fee is inclusive of all services hereunder and the DISTRICT will pay
no separate amount for travel or other expenses of the CITY under this
Agreement.
C. The DISTRICT will not withhold federal or state income tax deductions from
payments made to the CITY under this Agreement.
D. The CITY is aware that under California law, no disability or unemployment
insurance will be deducted from payments made to CITY or paid by the
DISTRICT out of DISTRICT funds. CITY further recognizes that CITY cannot
claim unemployment benefits after services have been completed.
E. If the CITY 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 CITY are both aware that continuance of
CAPS Program: City of San Bernardino Pades, Recreation & Community Services Department
Page 3 of 11
2007-320
Contract No.: 05106-747-0056 RD
said benefit amount, is or may be subject to certain limits on current aonuaI
income from public schools and/or other sources in order to maintain full benefits.
The CITY 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 CITY 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 CITY'S own retirement benefits.
V. INVOICES
Any invoices submitted for these services shall be sent directly to both:
Bobby Pregmon
Student Services, C.A.P.S. Central Office
1535 W. Highland Ave.
San Bernardino, California 92411
Narciso Cardona, Assistant Superintendent,
Student Services
1535 W. Highland Ave.
San Bernardino, California 92411
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 rendered and must include the CITY's Social
Security or Federal Tax ID. Number. The DISTRICT shall make payment to the CITY
after receipt and approval of the invoice( s).
VI CANCELLATION FOR NON-PERFORMANCE OR NON-COMPUANCE OF CITY
A If, at any time during the performance of this Agreement, the DISTRICT
determines, at the DISTRICT's sole discretion, that the CITY'S services are not
achieving the resuhs required hereunder, the DISTRICT shall be obligated to pay
the CITY only for that portion, if any, of the resuhs achieved.
B. Non-compliance by the CITY 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 CITY including the reasons for suspension or termination
under this provision. lfthe Contract is suspended, the CITY shall have five (5)
business days to cure the condition(s) for which the suspension was given or the
contract will be terminated.
vn HOLD HARMLESS
A. CITY agrees to indemnify and hold harmless the DISTRICT, its officers, agents,
and volunteers from any and all claims, actions or losses, damages, and/or
liability resulting from COUNSEL'S negligent acts or omissions arising from
CITY'S performance of its obligations under the Agreement.
CAPS Program: City of San Il<:mardino Parks, Recreation &; CommUDity Services Department
Page 4 of 11
2007-320
Con1Iact No.: 05/06-747-0056 RD
B. DISTRICT agrees to indemnify and hold harmless CITY, its officers, agents, and
volunteers from any and all claims, actions or losses, damages, and/or liability
resulting from DISTRICT's negligent acts or omissions arising from the
DISTRICT's performance of its obligations under the Agreement.
B. In the event CITY and/or the DISTRICT is found to be comparatively at fault for
any claim, action, loss, or damage which results from their respective obligations
under the Agreement, COUNSEL and/or DISTRICT shall indemnify the other to
the extent of its comparative fault.
VITI. SPECIAL PROVISIONS
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 govermnental entity.
C/lY 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 CITY, its agents, representatives, employees, or subcontractors. All insurance must be
underwritten by a Califomia-admitted carrier. No Purchase Order will be issued and no
work may be performed by CIlY under this Agreement until such time as all provisions of
this Article are complied with by the CITY.
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 CIlY for 24 months following the expiration or termination of this
Agreement. If the insurance expires during the term of this Agreement, the CIlY shall
immediately provide a new current 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 DISTRICT. Renewal insurance certificates must be tendered to the
DISTRICT 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 CIlY fails to keep in effect at all times the specified insurance coverage, the
DISTRICT may, in addition to any other remedies it may hove, terminate this Agreement
upon the occurrence of such event, subject to the provisions of this Agreement.
Minimum Scope of Insurance
1. Insurance coverage shall be at least as broad as:
CAPS Program: City of San Bernardino Parks, Recreation & Community Services Department
Page 5 of 11
Conln1ct No.: 05/06-747-0056 RD
2007-320
a. Insurance Services Office Commercial General Liability coverage (Occurrence Farm
CG 0001) (Current Edition). Said general liability insurance shall be primary with
respect to CITY's obligations under this Agreement and with respect to the interest of
each entity named as an additional insured Any other insurance or self-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 I (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 infavor of the DISTRICT.
e. Employers' Liability Insurance, including an insurer's Waiver of Subrogation infavor
of the DISTRICT. .
f Any insurance required to be carried shall be primary.
Minimum Limits of Insul'tUlce
2. CITY 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
DIS1RlCT. At its aption, DIS1RlCT may require the CITY, at the CITY's sole cost, to:
(a) cause its insurer to reduce to levels specified by the DIS1RlCT or eliminate such
deductibles or self-insured retentions as respects the DIS1RlCT, its officers, officials,
employees and volunteers; or (b) procure a bond satisfactory to the DIS1RlCT
guaranteeing payment of losses and related investigations, claims administration, and
defense expenses. The CITY 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:
CAPS Program: City of San Bernardino Pmks, Recreation &; Community Services Department
Page 6 of 11
2007-320
Con'tnu:tNo.: 05106-747-0056 RD
a. The DISlRICT, its subsidiaries, officers, officials, employees, agents, and volunteers
are to be named as additional insured with respect to liability arising out of activities
performed by or on behalf of CIlY (including materials, parts or equipment furnished
in connection with such activities); products and completed operations of the CIlY;
premises owned, occupied, or used by the CIlY; or automobiles owned, leased, hired,
or borrowed by or on behalf of the CIlY insofar as operations under the Agreements
are concerned The additional insured coverage must be provided in the form of an
endorsement to the CIlY's insurance using ISO CG 20 10 10 01, or equivalent.
b. The coverage shall contain na special limitations on the scope of protection afforded to
the DISlRICT, its subsidiaries, officers, officials, employees, and volunteers.
c. For any claims related to the services, the CIlY's insurcmce coverage shall be primary
insurance as respects the DISlRICT, its subsidiaries, officers, officials, employees,
agents, and volunteers. A1!)' insurance or self-insurcmce maintained by the DISlRICT,
its subsidiaries, officers, officials, employees, agents, and volunteers is wholly
separate from the insurance of the CIlY; shall be en:ess of the CITY's insurcmce and
shall not contribute with it; and in no way relieves the CIlY from its responsibility to
provide insurcmce. All policies shall contain a provision clearly stating the foregoing
requirement that the CITY's policies are primary insurance and that the insurcmce of
the DISlRICT or any named insureds shall not be called upon to contribute to any
loss.
d Each insurcmce 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 after
thirty (30) days prior written notice by certified mail, return receipt requested, has been
given to the DISlRICT. Statements that the camer "will endeavor" and "that failure
to mail such notice shall impose no obligation and liability upon the company, 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 any 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 Cloims-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. Insurcmce must be maintained and evidence of insurcmce 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 CIlY 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 DISlRICT for
review.
Acceptability of Insurers
CAPS Program: City of San Bernardino Parks, Recreation & Community Services Department
Page 7 of 11
2007-320
eonlmctNo.: 05106-747-0056 RD
6. All policies required shall be issued by licensed insurers wha are admitted to transact
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 Reqllired
7. The CITY shall file 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 (ACORlJfM Form 25 or equivalent)
and amendatory endarsements effecting coverage required by this Article. All
evidence of insllrance sludl be signed by a properly authorized officer, agent, or
qllalified representative of the insllTeT authorized by that itlSllrer to bind coverage
on its belwlf. All Certificates of Insllrance sludl reference the contract tIIlmber;
sludl inclllde the name of the CITY sllbmitting the certificate; sludl certify the
names of the insllred and any additional primtll'J' itlSllreds; sludl specify the type
and amollnt of the insllrance, the location and operations to which the insllrance
opplies, and the expiration dole of sItCh itlSllrance; and slwll contain all of the
endorsements reqllired 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 CITY'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.
Sllbcontractors
8. The CITY shall include all subcontractors as insureds under its policies or shall
furnish separate 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 Insllrance Provisions
9. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by CITY, 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 CITY pursuant to this agreement, including but not limited
to, the provisions concerning indemnification.
CAPS Prognun: City of San Bernardino PIIIks, Recreation &:. Community Services Deportment
Page 8 of 11
2007-320
ConlractNo.: 05/06-747-0056 RD
10. if at any time during the life of the agreement, the CITY fails to maintain in fUll force
any insurance required by the agreement documents, the DISTRICT may terminate
the agreement.
11. The DISTRICT may require the CITY 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.
B. ASSIGNMENT
The CITY 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.
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 CITY acknowledges receipt and acceptance of the
following DISTRICT policies:
1. Smoking and Use ofTobacco 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-d).
4. Drug-Free Workplace Policy (No. 4205).
B. All parties agree that the CITY 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 CITY is not an
employee of the DISTRICT.
CAPS Program: City of San Bernardino Parks, Recreation & Community Services Department
Page 9 of 11
2007-320
eonlractNo.: 05/06-747.0056 RD
C. The CITY 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 ofits 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)
It is the responsibility of the CITY to ensure that those employed by or
subcontracted by the CITY also adheres to DISTRICT and Public Policies. T1iese
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 CITY. 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.
CAPS Program: City of San Bernardino Parks, Recreation & Connnunity Services Department
Page IO of 11
2007-320
Codtract No.: 05/06-747-0056 RD
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO PARKS,
RECREATION & COMMUNITY
SERVICES DEPARTMENT
FRFDwa~
City Manager
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
M Z. ISLAM
Assistant Superintendent
Business and Finance
Date:
flt?-C>7
Date:
g- (0-01-
Approved as to Form:
\~;W~
s p..oI~ o.....$~J
CAPS Program: City of San Bernardino Parks, Recreation & Connnunity Services Department
Page 11 of 11
2007-320
S8 PARKS AND RECREATION CAPS 2007/08
Site Amount Fund School Totals
Arrowhead $ 6,825 441
Arrowhead $ 8,963 458 $ 15,788
Bradley $ 12,592 442 $ 12,592
Burbank $ 10,608 458
Burbank $ 26,931 458 $ 37,539
Emmerton $ 11,950 478 $ 11,950
Fairfax $ 31,050 458
Fairfax $ 11,880 458 $ 42,930
Ingrham $ 17,925 458 $ 17,925
Lincoln $ 7,887 458 $ 7,887
Monterey $ 28,680 458
Monterey $ 15,296 458 $ 43,976
Mt. Vemon $ 15,774 458 $ 15,774
Muscoy $ 33,750 477 $ 33,750
Newmark $ 63,360 443 $ 63,360
Riley $ 23,095 442 $ 23,095
Roosevelt $ 8,000 458 $ 8,000
Wilson $ 10,038 441 $ 10,038
$ 344,604 $ 344,604
2007-320
San Bernardino City Unified School District
777 N. F Street, San Bernardino, CA, 92410
. Fingerprint and Criminal Background Check Certification
In accordance with Department of Justice (DOJ) fingerprint and criminal background
investigation requirements of Education Code section 45125.1 et seq.
With respect to the Agreement dated I between the San Bernardino City Unified
School District "DISTRICT" and the individual. cgmpany. at contractPr namedlility dYt ~ilJ'l RSf~Wii nn
"VENDOR," for provision of contractua I serVlces tor sc lOOT t let servtces,
Please check all appropriate boxes and sign below:
REQUIREMENTS MET:
o A)
The VENDOR 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 como 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).
List below, or attach, all employee nam.. that have successtully completed the fingerprinting and
criminal background check clearance In accordance with the law.
SERVICES MAY BEGIN AFTERA PURCHASE ORDER (P.O.) IS ISSUEDTOTHE VENDOR.
-0 R--
REQUEST FOR WAIVER:
IF YOU ARE REQUEmNG A WAIVER, BE ADVISED THAT NO SERVICES ARE TO BE PROVIDED
UNTIL SUCH WAIVER IS APPROVED BY THE DISTRICT AND A P.O. IS ISSUED.
ltJ B) Tho VENDOR requests a waiver of the Department of Justlce(DOJ) fingerprint and criminal background
Investigation for the following reason(s) penmltted by Education Code section 45125.1 et seq.
o The VENDOR and its employees will have NO CONTACT with pupils. (No schoot-site services will be provided.)
o The VENDOR and its employees will have LIMITED CONTACT with pupils. (Attach infonnation about length of time
on school grounds, proximity of work area to pupil areas, whether VENDOR/lts employees will be working by
themselves or with others, and any other factors that substantiate limited contact.) [EC 45125.1 (cn
IJ The VENDOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupils but will assure that
ONE(1) OR MORE of the following methods are utilized to ensure pupil safety. IEC 45125.2(al)
- Check all methods to be used:
o
[jQ
[jEl
1) Installation of a physical barrier at the worksite to limit contact with pupils
2) Continual supervision and monitoring of all employees of the VENDOR by an employee of the
VENDOR who has not been convicted of a serious or violent felony as ascertained by the DOJ
3) Surveillance of employees of the VENDOR by school personnel
o The services provided by the VENDOR are for an ~EMERGENCY OR EXCEPTIONAL SITUATION, such as
when pupil health or safety is endangered or when repairs are needed to make school facilities
safe and habitable- fEe 45125.1 (b))
By signing below, under penalty of perjury, I certify that the Information contained on this certification
form and attached employee IIst(s) Is accurate. I understand that It is the VENDOR's sole responsibility to
maintain, update and provide the District with current "Fingerprint and Criminal Background Check
Certification" I along with the employee list, throughout the duration of VENDOR provided services.
Fred Wilson City Manager
Authorized VENDOR Signature
Printed Name
TiU.
Date
Office
use
only
BOTH DISTRICT APPROVAL.S SHOWN BEL.OW ARE RE UIRED:
WAIVER REQUEST: APPROVED
DENIED
By:
Date
Mohammad Z. Islam. Business Administrator, Business Services Division OR other Authorized District Agent
WAIVER REQUEST:
APPROVED
DENIED
By: Date
Harold Vol/kommer, Ant. Superintendent. Human Resources Division OR Other Authorized District Agent
Revised July 14, 2Q05
2007-320
BUSINESS AND NON-
INSTRUCTIONAL OPERATION
Policy No. 3520a
SMOKING AND THE USE OF 'lYlRA(,(,,() AT DISTRICI' FArIJ ITIR~
The Board of Education of the San Bernardino City Unified School District JeCOgDizes the
increasing evidenc:e of health bazards resulting from the use of tobacco products. It also recog-
nizes that there are people who choose to use tobacco products. Therefore, in the best interests
of the District and its students and employees, the Board of Education establishes the following
policy on smoking at District facilities.
1.0 Smnlrin2 at Dimict FAdlifip..g
1.1 Students
It shall be the policy of the San Bernardino City Unified School District to
enforce the laws on st11fJent smoking and use of tobacco products as detailed
in the Education Code and other regulations:
Education Code Section 48901:
a) No school shall permit the smoking or use of tobacco, or any product
containing tobacco or nicotine products, by pupils of the school while the
pupils are on campus, or while attending school-sponsored activities or
while under the supervision and control of school district employees.
b) The governing b9ard of any school district maintaining a high school shall
take all necessary steps it deems practical to discourage students from
smoking.
1.2 Non-Sh1fl....ts
Effective July I, 1995, smoking and the use of tobacco products by employees
and visitors will be prohibited on all District property and in all District vehicles.
Appropriate notices shall be posted. (Health and Safety Code Section 24167.)
1.3 Site adminilOttators and supervisors will enforce smoking and tobacco regulations
as set forth in this policy.
2.0 Assi!lt&nce
The District will make available to employees and students a list of clinics and other
agencies that provide programs which assist individuals who wish to stop smoking or
using other tobacco products. It will also keep members of the District informed of
2007-320
BUSINESS AND NON-
INSTRUCTIONAL OPERATION
Policy No. 3520b
current research about the detrimental effects of smoking, smoke inhlllGtion and tobacco
usage.
3.0 Rnfnrr.P........t
All employees will comply and are expected to enforce this policy.
Adopted by Board ofEducatiOD: September 3,1991
Revised: December 20, 1994
Revised: June 6, 1995
2007-320
PERSONNEL
Policy No. 4205
DRUG-FREE WORKPLACE
The San Bernardino City Unified School District provides a drug-free worltplace for all its }
employees. The unlawful manufacture. distribution. diSJl"'n~il\g, possession, or use of a controlled
substance is prohibited during working hours, at District activities. or on District property. This
includes being unlawfully under the influence of a controlled substance during working hours. at
District activities, or on District property. Violation of this policy will result in disciplinary action
up to and including dismissal from District employment.
The District offers an Employee Assistance Program (EAP), which includes drug counseling and
rehabilitation. Employees may use the EAP free of charge. All EAP counseling is confidential.
Employees must notify the District of any criminal drug statutory conviction for a violation occurring
in the workplace no later than five (5) days after such a conviction. The Superintendent or his
designee Shall notify the applicable federal agency within ten (10) days after receiving notice ofan
employee's workplace conviction or otherwise receive the actual notice of such a conviction.
The Superintendent or his designee shall prepare procedures to implement this policy.
This drug-free workplace policy shall be communicated to all employees.
Pre-elI\Plo~ent
All candidates for initial employment must be tested for illegal drugs following a conditional offer of
employment and prior to working. In addition, all candidates for employment in safety sensitive
occupations, including the following: School Police, School Police Dispatch, Campus Security,
School Security. and all positions requiring a commercial driver's license. must be tested for illegal
drugs following a conditional offer of employment and prior to working in the safety sensitive job.
Random. and Post-Accident Alcohol and Om!! Testinll
At least 50 percent of all employees in positions requiring a commercial driver's license must be
random tested for alcohol and drugs. Testing must be performed quarterly. Employees in positions
requiring a commercial driver's license must be tested for alcohol arid drugs following an accident
resulting in any of the following circumstances: I) a fatality; 2) someone requiring medical
treatment away from the accident scene; 3) one of the vehicles involved being towed from the scene;
and/or 4) the District's driver receiving a citation arising from the accident.
NOTE: See related Procedure No. 4210a-b
Adopted by the Board of Education: April 18. 1989
Amended: August 2, 1994
Amended: December?. 1997
2007-320
BUSINESS AND NON-
INSTRUCTIONAL OPERATION
Policy No. 3520a
SMOKING AND THE USE OF TOBACCO AT DISTRICT FAt'''n .ITTRc;
The Board of Education of the San Bernardino City Unified School District recognizes the
increasing evidence of health hazards resulting from the use of tobacco products. It also recog-
nizes that there are people who choose to use tobacco products. Therefore. in the best interests
of the District and its students and employees. the Board of Education establishes the following
policy on smoking at District facilities.
1.0 Smokint~ at District Facilities
1.1 Students
It shall be the policy of the San Bernardino City Unified School District to
enforce the laws on student smoking and use of tobacco products as detailed
in the Education Code and other regulations:
Education Code Section 48901:
a) No school shall permit the smoking or use of tobacco. or any product
containing tobacco or nicotine products, by pupils of the school while the
pupils are on campus. or while attending school-sponsored activities or
while under the supervision and control of school district employees.
b) The governing board of any school district maintaining a high school shall
take all necessary steps it deems practical to discourage students from
smoking.
1.2 Non-Students
Effective July I. 1995; smoking and the use of tobacco products by employees
and visitors will be prohibited on all District property. and in all District vehicles.
Appropriate notices shall be posted. (Health and Safety Code Section 24167.)
1.3 Site administrators and supervisors will enforce smoking and tobacco regulations
as set forth in this policy.
2~O Assistance
The District will make available to employees and students a list of clinics and other
agencies that provide programs which assist individuals who wish to stop smoking or
using other tobacco products. It will also keep members of the District informed of
,2007-320
PERSONNEL
Policy No. 4136
AFFIRMATIVE ACTION PROGRAM FOR EOUAL EMPLOYMENT OPPORTUNITY
~
Statement of Policv
The Board of Education of the San Bernardino City Unified School District, in compliance with
Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972,
Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment
Act of 1967. the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1m,
the federal Family and Medical Leave Act, California Family Rights Act and Fair Employment
and Housing Act, reaffums its policy as an Equal Opportunity/Affirmative Action employer to
ensure that all persons are provided equal opportunity in employment and education and to
prohibit discrimination on the basis of race, color, sex, age, national origin. ancestry, marital
status, physical disability, mental disability, medical condition, religion, family care and medical
leave entitlement, or veteran's status. and to make reasonable accommodations to the physical
and mental limitations of qualified individuals with disabilities to the extent feasible.
The Board recognizes its legal and moral responsibility to society. in general, and specifically to
ensure that progress is being made toward increasing the level of representation of minorities.
women, and the disabled in the work force with their availability in the labor pool. Therefore, an
Afflmlative Action Employment Program was adopted in 1973 and institutionalized as an ongo-
ing commitment to ensure that all employment actions such as recruitment, hiring promotions
and placement decisions are made solely on the basis of an individual's merit and qualifications
without regard to race, color, sex, age, national origin, ancestry, marital status, physical disabil-
ity, mental disability, medical condition, religion, family care leave entitlement or veteran's
status, and all other personnel activities which include, but are not limited to, benefits, transfers,
demotions, training, and upward mobility programs.
Beyond complying with the letter of the law, the District recognizes that within our pluralistic
society the educational institution has an obligation to promote cultural, racial, and human
understanding within the communities it serves. An effective method of achieving this objective
is to provide students with a District staff whith is reflective of both sexes, as well as multiethnic
and cultural characteristics of society. For these reasons, the District will continue to design and
develop programs and activities to seek out and attract qualified members of "protected groups"
which will provide us with a broader diversity of personnel and ultimately reach our desired
Affirmative Action goals where they are underutilized.
Note: A copy of the Affirmative Action Program Handbook is on file in the Aff"1ml&tive Action
Office.
Adopted by the Board of Education: June 5. 1980
Revised: September 17, 1996
2007-320
PERSONNEL
Policy No. 4136.1a
NONDISCRIMINATORY HARASSMENT POllCY
Purnose:
To prevent discriminatory harassment in the worlc place and educational environment.
Resmlation:
I. Policy StAtP.lllent:
The San Bernardino City Unified School District is committed to providing all employees and
students a working and learning environment that is free of discrimination in accordance with
applicable state and federal laws. This nondiscriminAtnry working and learning environment is
for the benefit of all District employees (non-supervisory, supervisors and lIIIIIlllgeIDent) and
students. All employees are expected to fully comply with this policy. Additionally, non-
employees who have contact with the District's employees or llt1lMntlO during working or
educational bolUS are expected to conduct themselves in accordance with this policy. Absolutely
no one is authorized to engage in conduct prohihited by this policy.
In keeping with this commitment to a nondiscriminator working environment, the District
maintains a strict policy prohibiting sexual harassment and harassment based on age over forty,
race, color, sex, religious creed, national origin, ancestry, medical condition., marital status,
physical or mental disability, sexual orientation, ~., or family care and medical leave
entitlement in accordance with applicable state and federal laws. This policy prohibits all forms
of discriminatory hamssment through any means, including nonverbal, verbal (mcluding
derogatory comments, slurs, propositions, _,i"g, jokes or tauDts), physical (mcluding gestures,
touching, obstructing or otherwise intco:f",iug with a person's movement) or visual (including
leering, cartoons, drawings, mRglIrines, notes, letters or posters).
This policy prohibits all conduct by which an employee or student because of race, religious
creed, color, national origin, ancestry, physical disability, menta1 disability, medical condition.,
marital status, age over forty, sex, sexual orientation. gend~., or family care and medical leave
entitlement, is subjected to unwelcome, offensive, intimidating, oW't;S!"ve or otherwise
interfering harassment.
."Medical Condition" is defined, in accordance with the California Fair Employment and
Housing Act, as any bca1th impairment related to or associated with a diagnosis of cancer. for
which a person has been rehabilitated or cured, based on competent medical evidence.
....Gender" is defined as the person's actua1 sex, or the perception of the person's sex, and
includes the pelception of the person's identity, appearance, or behavior, whether or not that
identity, appearance, or behavior is different from that traditionally associated with that person's
sex at birth. The district may require persons to comply with re&<nnAble workplace appearance,
grooming, and dress standards consistent with state and federal law, provided that persons are
allowed to appear or dress consistently with their gender identity.
2007-320
PERSONNEL
Policy No. 4136.1b
2. Sexual HlU1ISsment:
All of the foregoing apply to complaints of sexual harassment. For the purpose of clarification.
prohibited sexual harassment includes but is not limited to unwelcome sexual advances, requests
for sexual favors and other verbal, nonverbal. visual or physical conduct of a sexual nature
where: (I) submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment or education; or (2) submission to or rejection of such conduct by
an individual is used as the basis for employment or educational decisions effecting such
individual; or (3) such conduct has the purpose or effect of substantially interfering with work or
educational performance or creating an intimidating, hostile, or offensive working or learning
environment.
3. Examples of prohibited hlU1ISsing acts:
. Unwelcome sexual advances or sexual propositions
. Kidding, teasing, or joking of a sexual nature or of other protected bases delineated in Section
1, above
. Graphic commentary about an individual's body, sexual prowess or sexual deficiencies
. Derogatory or demeaning comments about anyone's gender in general or gender identity or
expression, epithets. slurs or jokes about one's race. color. national origin. religious creed,
physical or mental disability, age (40 and over). sex, gender identity or expression, sexual
orientation, or marital statos
. Leering or staring at someone
. Unwelcome suggestive or insulting sounds such as whistles, kissing sounds, howling. or
sucking noises
. Touching, patting, pinching, stroking, sqn.....n1lg, ticlding or brushing against another's body
. Displaying offensive objects, pictures, calendars, cartoons, magl'7ines, videotapes. audio
recordings or literature which are sexual in nature
. Unwelcome use of sexually degrading language or innuendoes
. Obscene gestures
. Consensual sexual relationships:
Romantic or sexua1 relationship of any employee with elementary or secondary students is
clearly prohibited pursuant to state molestation laws concerning adults and children.
Romantic or sexual relations between an adult stodent and faculty member or between a
subordinate employee and bislher superior can raise "serious concerns" where there may be a
conflict of interest and abuse of power. Such relations may lead to favoritism of a stodent or
subordinate employee with whom the teacher of superior is sexua1ly involved and where such
favoritism adversely affects other stodents and/or employees
. Unwanted neck or shoulder massage
. Spreading rumors about a person's sexuality
. Graffiti about a person's sexuality
. Letters, notes, telephone calls, e-mail or materials of a sexua1 nature
. Stalking a person
2007-320
, ,
,
PERSONNEL
Policy No. 4136.1 c
. Attempted or actual sexual assauh
. Making or tJueptP.nirog reprisals after a negative response to sexual advances
. Impeding or blocking of one's movement
. Repeatedly asking out a person who is not interested
4. Rnforcement:
Disciplinary action up to and including termination will be promptly taken against any employee
(non-supervisory, supervisor or manager) ifit becomes known to DllIIIBgeIIlent that such person
has engaged in conduct prohibited by this policy.
5. No RP.tAliation:
No employee or students shall be retali-.l against. in any manner, for reporting conduct which
he/she believes to be a violation of this policy, for participating in an investigation of a possible
violation of this policy, or for using the District's Complaint Procedure.
Retaliation against anyone reporting or perceived to have reported sexual harassment behavior is
prohibited. Any retaliatory conduct shall be considered a serious violation of this policy and
shall be independent of whether a complaint of sexual harassment is substantiated. Moreover.
encouraging others to engage in retaliatory conduct also violates this policy.
Examples of prohibited retaliation:
Unfair grading
Unfair evaluation
Unfair assignment
Public or private ridicule
Oral or written threats
Intimidation
Destruction of property
Further harassment
6. Comnlaints:
Individuals who have been subjected to discriminatory harassment have an obligation to
immediately report the incident or incidents to their immediate supervisor or the District's
Affirmative Action Officer, who is also the District's Trtle IX Coordinator. The complaint will
be processed in accordance with the District's Uniform Complaint Policy and Procedure.
The procedure set forth pmsuant to the District's Uniform Complaint Policy and Procedure does
not deny the right of any individual to pursue other avenues of ImJedy under the jurisdiction of
any state or federal law.
'.
2007-320
" .
PERSONNEL
Policy No. 4l36.ld
The confidentiality of the reporting or complaining party will be observed provided it does not
interfere with the district's ability to investigate or take corrective action.
7. Notifications:
Pursuant to Educational Code 212.6, a copy oftbis policy will be displayed in a prominent
location in the main administrative building or other areas of the school site. A prominent
location is a location where notices regarding the District's rules, regulations, procedures, and
standards of conduct are posted.
Also, a copy of this policy will be provided to each person employed by the school district at the
beginning of the first quarter or semester of the school year, or at the time that a new employee is
hired.
A copy of this written policy on sexual harassment will appear in any District publication that
sets forth the comprehensive roles, regulations, procedures, and standards of conduct for the
District.
Site administrators or immediate sopervisors who receive a sexual harassment incident report
from any employee, non-employee or the public are required to submit a report to the Affirmative
Action Office in order for the Affirmative Action Office to maintain a record of complaints.
Adopted by the Board of Education: June 26, 1984
Revised: January21,1992
Revised: July 6, 1993
Revised: February 18, 1997
Revised: December 4, 2001
Revised: May 18,2004