HomeMy WebLinkAbout19-Parks and Recreation
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OIT~ OF SAN BERIORDINO - REQUEST ())R COUNCIL ACTION
From: ANNIE F. RAMOS, DIRECTOR
Dept: PARKS, RECREATION & COMMUNITY
SERVICES
Date: MAY 12, 1992
RESOLUTION OF THE CITY OF SAN BERNARDINO
Subject: AUTHORIZING THE EXECUTION OF..A WORKSITE
AGREEMENT BETWEEN THE SAN.BERNARDINO CITY
UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION
DEPARTMENT AND THE CITY OF SAN BERNARDINO
PARKS, RECREATION AND COMMUNITY SERVICES
n~PA~TM~NT ~n~ PRnVTnTNr, wnD~~TT~~ ~nD A
SPECIAL EDUCATION CAREER AND VOCATIONAL
TRAINING PROGRAM.
Synopsis of Previous Council action:
SEPTEMBER 5, 1990 - APPROVED RESOLUTION 90-371 AUTHORIZING THE FIRST
WORKSITE AGREEMENT FOR TRAINING HANDICAPPED
CITIZENS.
Recommended motion:
Adopt Resolution.
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Contact person: TOM BOGGS
Phone:
5032
CITYWIDE
Supponing data attached: STAFF REPORT. RESOLUTION & AGREEMENT Ward:
FUNDING REQUIREMENTS:
Amount: NO COST TO CITY
Source: (Acct. No.1
IAcct. DescriDtionl
Finance:
Council Notes:
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Agenda Item No /C/
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CITY' OF SAN BERQRDINO - REQUEST Q,R COUNCIL ACTION
STAFF REPORT
RESOLUTION AUTHORIZING THE
EXECUTION OF A WORKSITE
AGREEMENT BETWEEN SAN BERNAR-
DINO CITY UNIFIED SCHOOL DISTRICT
SPECIAL EDUCATION DEPARTMENT AND
CITY OF SAN BERNARDINO PARKS,
RECREATION AND COMMUNITY SERVICES
DEPARTMENT TO PROVIDE WORKSITES FOR
A SPECIAL EDUCATION CAREER AND
VOCATIONAL TRAINING PROGRAM.
This program for training individuals with handicaps in skills
which will allow them to find gainful employment has been in
effect for two years. It has proven to be very beneficial for
our handicapped citizens as many of them have entered into
another program known as "partnerships with Industry" (PWI)
which furnishes workers at various locations throughout the
San Bernardino and Riverside area such as restaurants and
parks. The city also has a contract for services with PWI for
park workers who perform such duties as litter pick-up,
painting and cleaning restrooms and other facilities.
This program is at no cost to the city. The School District
pays the students and provides all insurance and workers
compensation. The City provides worksites and instructions on
what should be done in the training areas.
It is recommended that this Resolution and Agreement be
approved to continue the Worksite Agreement for training our
handicapped citizens.
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~ Sa~ Bernardino City ~fied School District
E. Neal Roberts, EdD., Superintendent
Harold L. Boring, EdD. Assistant Superintendent, Administrative Services
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There's No Better Place To Learn
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May 7, 1992
t.:"
Annie Ramos, Director
San Bernardino City Parks, Recreation
and Community Services Department
547 North Sierra Way
San Bernardino, California 92401
Re: Worksite Agreement
Dear Ms. Ramos:
Enclosed are two signed originals of the above Agreement between
the San Bernardino City Unified School District and the City of
San Bernardino. This Agreement was approved by the Board of
Education on May 5, 1992, as attested by the enclosed
Certification of Minutes. Please have both oriainals sianed and
return one to this office. Administrative Services. Attention:
Melinda A. Pure. Contract Analvst.
We appreciate your support in this program look forward to
working with you again this year.
Sincerely,
Harold L. Boring, Ed.D.
Assistant Superintendent
Administrative Services
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enclosure(s)
e
ADMINISTRATIVE SERVICES DIVISION
777NorthFStreet. SanBernardino,CA92410. (714) ',,"_,,'::,,
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San Bernardino City Unified Scbool District
CERTIFICATION OF MINUTES
The Board met in regular session on the 5th day of May, 1992, at the usual meeting
place tbereof. The meeting was called to order at 5:30 p.m.
Members present:H. Brown, M. Brown, Diaz, Neigel, Savage, Yeager
Members absent: Obersbaw
The adoption of the following resolution and order was moved by Member H. Brown
and seconded by Member M. Brown, and a vote being taken, the said resolution and
order was adopted by the following votes of members present at that time.
AYES:
NOES:
H. Brown, M. Brown, Diaz, Neigel, Savage, Yeager
None
ABSTENTIONS: None
BE IT RESOLVED that the Board of Education approves entering into tbe Worksite
Agreement witb tbe City of San Bernardino Parks, Recreation, and Community Services
Department wbich provides for Task Analysis-based compensation, effective July 1, 1992,
through June 30, 1994, per terms of the Agreement. The students working under tbe
Agreement will be paid from WorkAbility Grant funds, and shall earn not less than
$1.00 per hour nor more than $5.00 per hour.
BE IT FURTHER RESOLVED that Harold L. Boring, Assistant Superintendent,
Administrative Services, be authorized to sign said Agreement on behalf of the Board of
Education.
I, E. NEAL ROBERTS, Secretary of the Governing Board of the San Bernardino
City Unified School District hereby certify that the foregoing is a true and correct copy
of a resolution duly made, adopted and entered in tbe Board minutes of the Governing
Board of the San Bernardino City Unified School District on the 5th day of May, 1992.
Dated: May 6, 1992
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Secre ,Bo d 0 Education
Agenda Item 10.17
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY
OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT FOR PRQVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER
AND VOCATIONAL TRA):,rING PROGRAM.
BE IT RESOLVE' BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City,
a worksite aqreement with the San Bernardino City Unified School
District Special Education Department relatinq to the provision
of worksites by the city Parks, Recreation and Community Services
Department for a Special Education Career and Vocational Traininq
proqram, a copy of which is attached hereto, marked Exhibit "A"
and incorporated herein by reference as fully as thouqh set forth
at lenqth.
SECTION 2.
The authorization to execute the above
referenced aqreement is rescinded if the parties to the
aqreement fail to execute it within sixty (60) days of the
passaqe of this resolution.
I HEREBY CERTIFY that the foreqoinq resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meetinq thereof, held on
, 1992, by the followinq vote to wit:
day of
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZJ:NG THE
EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY
OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT .
COUNCIL MEMBERS:
~
~ ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
W. R. Holcomb, Mayor
City of San Bernardino
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WORKSITE AGREEMENT INFORMATION
July I, 1992 -
June 30, 1994
San Bernardino City Parks, Recreation
and Community Services Department
Address: 4
Contact Person:
Telephone No. 384-5233
San Bernardino City
Unified School District
Address: 777 North "F' Street. San Bernardino. CA 92410
Contact Person: Chris LeRQY/Sue Gl\~on-Transition Telephone No. 880-6724
Description of Work Activity
Maintenance and Upkeep of City Parks
For SBCUSD use only
Pro~am Section
I!lI WorkAbility
o Transition Partnership Program
No. of slots N / A
No. of hours/wk/slot
s35
o Other
<<
Activitr
o Exploratory Work
o Work Experience
I!lI Job Training/Evaluation
I!lI Other Work Crew Assi~ent
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ORIGINAL
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North"F' Street
San Bernardino, California 92410
WORKSITE AGREEMENT
THIS AGREEMENT, is made and entered into this 5th day of May, 1992, by and
between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT for its Special
Education Department, hereinafter referred to as the "DISTRICT," and the CITY OF
SAN BERNARDINO for its Par-ks, Recreation and Community Services Department,
hereinafter referred to as the "PARTICIPATING AGENCY."
RECITALS:
WHEREAS, the DISTRIcrs Special Education Department endeavors to provide
assistance to students in making a successful transition from the schooi environment;
and
WHEREAS, the DISlRICT has received Project WorkAbility Grant funds which may be
used to pay wages for student job training/evaluation; and
WHEREAS, the PARTICIPATING AGENCY is willing to provide a job training/
evaluation worksite;
NOW, THEREFORE, the DISlRICT and the PARTICIPATING AGENCY mutually
agree as follows:
1. Term of Aereement
a. This Agreement shall be for a period beginning July 1. 1992. through
June 30. 1994.
b. This Agreement may be terminated by either party by the giving to
the other party of ten (10) days advance written notice.
2. Amendment and AssiiDment
a. This Agreement may be amended by the mutual written consent of
the parties hereto.
b. This Agreement shall not be assigned.
3. Pu{pose and Overview
a. This Agreement is a vehicle for providing a Worksite for Special
Education students participating in job training/evaluation with
funding provided under the WorkAbility Grant Program. These
Special Education students (the "Participants") are not, and shall not
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be considered employees of the PARTICIPATING AGENCY. The
participants shall be considered employees of the DISTRICT for the
purposes of payroll, workers compensation, and indemnification only.
b. Worksite activities will provide useful work experience consistent with
each Participant's capabilities, which may assist the Participant in
obtaining future unsubsidized employment. Worksite activities will
be determined by agreement between the PARTICIPATING
AGENCY and the DISTRICT.
c. Should a Work Experience participant display inappropriate behavior
or fail to perform in a satisfactory manner, as observed by either the
DISTRICT staff worksite supervisor or the Participating Agency
technical supervisor, the DISTRICT staff worksite supervisor may
exclude the participant from the Work Experience Program at the
Participating Agency on a temporary or permanent basis.
4. Re&ponsibilities of the DISTRICT
a. The DISTRICT will be responsible for the intake and assessment,
referral and placement and eligibility of all participants. Eligibility
refers to special education eligibility as determined by Federal and
State laws and eligibility to participate in career Ivocational training
programs operated for special education students by the DISTRICT.
The work areas for each participant referred by the DISTRICT will
be selected by mutual agreement of the Participating Agency and the
DISTRICT.
b. The DISTRICT will provide adequate worksite supervision by a
DISTRICT staff Certificated teacher, and that all DISTRICT staff
worksite supervisors must be experienced in the work to be
performed in supervisory and training responsibilities specific to this
Agreement.
c. Accurate time and attendance records will be kept by the DISTRICT
Worksite Supervisor and will reflect the actual time worked by the
Participant. Hours worked by Participants will not exceed 35 hours
per week unless this has been approved in advance by the
DISTRICT. The Participant shall be given at least a one-half hour
lunch break (unpaid) if a work shift lasts for at least five (5) hours.
If a work shift lasts for less than five (5) hours, the Participant shall
receive one 15 minute (paid) break. Standard time sheets will be
used and shall be provided by the DISTRICT. The Participants shall
report or sign in when reporting to the DISTRICT Worksite
Supervisor and sign out at the end of the work day. Under no
circumstances will the Participant sign in and out simultaneously.
Time and attendance records will be signed at the end of each pay
period by the Participant and a DISTRICT staff supervisor whose
signature will certify the accuracy thereof.
d. The DISTRICT will provide Worker's Compensation Insurance
coverage for Participants while they are at the PARTICIPATING
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AGENCY Worksite. The DISTRICf will provide a Certificate of
Insurance to the City of San Bernardino Risk Management Division
showing proof of Worker's Compensation Coverage.
e. The DISTRICf will provide any necessary program or special
monitoring as required by Federal and State regulations and by
DISTRICf policy. The DISTRICf will also provide any necessary
reviews of time and attendance controls, supervision controls, and
compliance with the terms of the Worksite Supervisors Guide and
the Worksite Agreement. The DISTRICf will take action as
necessary to maintain compliance in accordance with the above.
S. Responsibilities of the PARTICIPATING AGENCY
a The PARTICIPATING AGENCY will provide Worksites which are
useful for training/evaluation purposes for the Participants, on days
and at times as mutually agreed. The number of Participants will
be determined by agreement between the PARTICIPATING
AGENCY and the DISlRICf.
b. Participating Agency site supervisors will be provided who are
knowledgeable in the work to be performed and who will be capable
of advising the DISTRICf staff worksite supervisor in the correct use
of tools and materials and in the task performance methods in which
the DISTRICf-supervised work training crew will be engaged.
c. All work experience will be conducted in a safe and sanitary work
environment.
d. A PARTICIPATING AGENCY representative will be on site to
unlock and lock up the Worksite on days when the Participants are
working at the Worksite. An PARTICIPATING AGENCY
representative shall either be present at the Worksite or available by
telephone at all times during the time the Participants are present
at the Worksite. The PARTICIPATING AGENCY representative
will provide initial and daily orientation of the Worksite activities to
be done to the DISTRIcrs Worksite Supervisor and will provide
explicit instructions as to the proper, safe, and sanitary manner in
which Worksite activities are to be performed.
e. All Worksite activities will be conducted in a safe and sanitary work
environment. Appropriate tools, equipment, cleaning solutions, and
any other necessary items shall be provided by the PARTICIPATING
AGENCY. The PARTICIPATING AGENCY shall also provide
protective clothing and equipment, including but not limited to gloves,
smocks, goggles, and dust masks, when necessary and as appropriate
to prevent injury, illness, disease transmission, or other hazard.
f. The worksite may be and will be monitored by DISTRICf Program
staff. The Participating Agency technical supervisor at each worksite
will maintain a list of current worksite activities, and an attendance
sign-in/out form for the DISTRICf staff worksite supervisor to
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complete for each period of time worked by each crew, and will
cooperate fully to provide DISTRICT staff worksite supervisors with
any and all worksite information as requested and in a timely
fashion.
g. Failure of the PARTICIPATING AGENCY to comply with the
provisions of the Agreement will be considered grounds for
immediate withdrawal of Participants from the PARTICIPATING
AGENCY's Worksite.
6. Financial Provisions
a. Each Participant's hourly rate will be individually calculated based
on a task analysis study of that Participant. Additional task analysis
studies will be conducted on a periodic basis to adjust the
Participant's rate according to their performance. The Participant
will be paid no less than $1.00 per hour and no more than $5.00 per
hour by the DISTRICT, and Participant payroll will follow the
normal DISTRICT procedures.
b. There shall be no reimbursement or compensation on the part of the
Participating Agency, either in wages and benefits or in kind, nor
shall the DISTRICT assume any adm;n;strative cost of program
sponsorship except those incurred by itself in providing for its own
planning or monitoring of such participation, processing payroll,
covering workers' compensation. Moreover, DISTRICT funds may
not be used to supplement or compensate the salary of any employee
for supervising or working with the participants.
c. The DISTRICT will be solely responsible for the corresponding
financial portion of this agreement which includes processing of time
sheets and paychecks, incorporating program plan and budget into
the appropriate grant program operated by the DISTRICT.
d. The DISTRICT will assume ultimate responsibility for the allowability
of funds expended under this agreement.
7. lIold lIarrnJess
a. The PARTICIPATING AGENCY hereby agrees to save and hold
harrnJess the DISTRICT and its departments, agents, officers and
employees from all sums which the DISTRICT or any of its
departments, agents, officers or employees may be obligated to pay
by reason of any liability imposed upon them for damages to
property or death of persons, arising out of Participant's work at the
PARTICIPATING AGENCY Worksite and caused by any error, act,
or omission of PARTICIPATING AGENCY or of any person
employed by PARTICIPATING AGENCY or of any others for whose
acts PARTICIPATING AGENCY is legally liable. Said sums shall
include, in the event of legal action, court costs, expenses of litigation
and reasonable attorney's fees.
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b. The DISTRICI' hereby agrees to save and hold hllrmIess
PARTICIPATING AGENCY and its departments, agents, officers
and employees from all sums which PARTICIPATING AGENCY or
any of its departments, agents, officers or employees may be
obligated to pay by reason of any liability imposed upon them for
dAmages to property or death of persons, arising out of Participants'
work at the PARTICIPATING AGENCY Worksite and caused by
any error, act, or omission of the DISlRICI' or of any person
employed by the DISTRICI' or of any others for whose acts the
DISTRICI' is legally liable. Said sums shall include, in the event of
legal action, court costs, expenses of litigation and reasonable
attorney's fees.
8. Special Provisions
a. In the performance of services and functions under this agreement,
both parties assure and certify all that follows here.
b. They will comply with all applicable requirements of the DISTRICI'
and comply with all other Federal, State, and local laws relating to
funding under career/vocational training grants operated by the
DISTRICI'.
c. They will not discriminate on the basis of race, color, national origin.
sex (including sexual harassment), handicap (or disability), religion,
or age in any of its policies, procedures, or practices in compliance
with:
~ Title VI and VII of the Civil Riihts Act of 1964. a~ 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 Aie Discrimination Act of 1975
(pertAining to age)
d. This non-discrimination policy covers admission and access to, and
treatment and employment in, the DISTRIcrs programs and
activities, and includes, specifically:
Provisions to ensure no portion of parties activity will in any
way discriminate against, deny employment to or exclude from
participation any person on the grounds of race, color, sex,
marital status, age, handicap, religion, or political affiliation
or belief; and it will provide employment and trAining services
to those most in need of them.
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Regulations ensuring that there is physical access to the
activity for persons with functional impairments. Service to
the disabled population will be facilitated by adapting training
materials and/or program design to meet their needs to the
extent possible.
Statement of Assurances between the State of California
Department of Education, Project WorkAbility and the San
Bernardino City Unified School District.
e. Worksite activities performed as a result of the Participants' job
training/evaluation shall not be used to replace any existing services
being provided to the PARTICIPATING AGENCY by
PARTICIPATING AGENCY employees.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
CIlY OF SAN BERNARDINO
SAN BERNARDINO CIlY UNIFIED
SCHOOL DISTRIcr
W. R. "BOB" HOLCOMB
Mayor
HAROLD L BORIN ,Ed.D.
Assistant Superint ent
Administrative Services
Date:
HAY 0 7 1992
Date:
ATrEST:
CITY ClERK
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
By: (1~~ t p€.~
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