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Home My WebLink About18-Parks and Recreation , , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ... Date: August 24, 2001 O ,.. . .'" '.' L ,....- 'i'., "",. j .,,' i Subject: 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. From: John A. Kramer, Acting Director Dept: Parks, Recreation & Community Services Dept. Synopsis of Previous Council Action: October 16,2000 - Mayor and Common Council approved Resolution No. 2000-310 for the 2000-2001 Children's After-School Program for Success. Recommended motion: Adopt Resolution ?JL !fr- Contact person: John A. Kramer Phone: 384-5031 Supporting data attached: Staff report, Reso & Agreement Ward: Citywide FUNDING REQUIREMENTS: Amount: $113,000 Source: (Acct. No.) 123-594-5014 Finance Council Notes: Agenda Item No. I~ ~-fi1Pi ~:tl ?J:x:, l- ZCt 4 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. Backl!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 schools when first implemented. The program expanded to fifteen schools in fiscal year 2000-01. This agreement will provide for an additional 4 sites and will be for a period beginning July 1,2001 through June 30, 2002. Financial Impact: This program enables the Parks, Recreation & Community Services Department to provide after- school recreational activities at the nineteen schools. The agreement amount is for $113,000 to cover 100 percent of costs for part-time staff. This will allow the department to provide two part- time staff at nineteen sites for three hours per day, Monday - Friday. Supplies and equipment are also provided by the district, in addition to covering costs for labor. There is no additional financial impact to the City. The program supervision is provided by the existing staff already covered in the department's general fund budget. Recommendation: Adopt Resolution. ~(Q)~V RESOLUTION NO. '-- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL 3 DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. <I 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby 8 authorized and directed to execute on behalf of said City, an agreement with the San Bernardino 9 City Unified School District to provide contractual services for after-school recreation programs 10 at school district sites. A copy of said agreement is hereby attached hereto. marked Exhibit "A" -- '- 11 12 13 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 14 further effect if the agreement is not executed by both parties and returned to the Office of the 15 City Clerk within 60 days following effective date of the Resolution. 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 2<1 III 25 III 26 III '",-" 27 III 28 III \....... 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 RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. 3 <I I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Meeting, 5 thereof, held on the day of , 200 I, by the following vote to 6 wit: 7 8 COUNCIL MEMBERS AYES 9 ESTRADA 10 LIEN 11 MC GINNIS 12 SCHNETZ .-- 13 L 14 SUAREZ 15 DEAN-ANDERSON 16 MC CAMMACK 17 18 NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 19 20 21 22 The foregoing resolution is hereby approved this day of ,2001. JUDITH VALLES, MAYOR City of San Bernardino 2<1 25 James F. P nman City Att 26 By: ........ 27 08-24-lJj dlb - CAPS 28 23 Approved as to form And Legal content: ",,-~., (' '- ,,-- \..- '- San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92410 ORIGINAL AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made and entered into this July I. 2001. by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. hereinafter referred to as the "DISTRICT." and CITY OF SAN BERNARDINO PARKS, RECREA nON AND COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as the "CONSULTANT." R E C I 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; NOW. THEREFORE. the DISTRICT and the CONSULTANT mutually agree as follows: I. Agreement Term This Agreement shall be for a period beginning July I. 2001, continuing through June 30. 2002. 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 oftime has been granted. II. CONSULTANT's Work CONSULTANT agrees to provide a variety of learning experiences in the area of art. fitness and sports skills. and values though the provision of Recreational Aides at each school participating in the Children's After-School for Success (CAPS) Program. 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 n - No other terms OR - Ixl - Additional terms follow: In addition to the learning experiences, the CONSULTANT will provide a mentoring program 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 CONSULTANT agrees to provide in-kind services/activities for program administration, site supervision, and equipment. IV. Pavment A. The DISTRICT agrees to compensate the CONSULTANT for services rendered to accomplish the results required hereunder, not to exceed $ I 13,000.00. The CONSULTANT may invoice the DISTRICT as the work progresses for that portion ofthe work that has been completed. The invoice shall describe in detail the services rendered and must include the CONSULTANTs Social Security or Federal Tax I.D. 1 ~-_. / '-- ,-- L Number. The DISTRICT shall make payment to the CONSULT ANT after receipt and approval of the invoice. Invoices may be submitted after completion of: n n Entire Project n n Each one-half Each one-third Each one-fourth Ix1 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 CONSULT ANT 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 California law, no disability 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 CONSULT ANT 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 California State Teacher's Retirement System (STRS) or Public 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 benefit amount, is or may be subject to certain limits on current annual income from public schools andlor other sources in order to maintain full benefits. The CONSULTANT 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 CONSULT ANT specifically agrees to indemnify, defend, and hold harmless (as defmed in Section VIII) the DISTRICT, from any liability or damages resulting from receipt of monies paid under this Agreement, which adversely affect the CONSULTANT's own retirement benefits. V. Resoonslbllltles of the CONSULTANT A The CONSULT ANT 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. B. The CONSULTANT's services will be provided on an as-needed basis to accomplish the results required under this Agreement. C. The CONSULT ANT will perform services to achieve the results required hereunder in the CONSULT ANT'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 ANT 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 CONSULT ANT shall provide its services at such times as the CONSULTANT itself determines within the scope of the results to be achieved. If the CONSULT ANT is a regular employee of a 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 CONSULT ANT'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. . 2 ~ E. The CONSULT ANT shall complete and return to the DISTRICT the Internal Revenue Service Fonn W -9 when requested to do so by the DISTRICT. F. The CONSULT ANT agrees to conduct and cenify 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 "Contractor Certification' fonn 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 purpon to be nor represent itself as a DISTRICT employee. officer. or agent. The CONSULTANT agrees that it will not act as nor perfonn in the capacity of a DISTRICT employee. The CONSULT ANT funher 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 pan of third panies that the CONSULT ANT is an employee or representative of the DISTRICT. VI. Infonnation Provided bv the DISTRICT -- \.... VII, The DISTRICT will prepare and furnish to the CONSULT ANT upon the CONSULTANT's request, such information as is reasonably necessary to the performance of the CONSULT ANT's work under this Agreement. The CONSULTANT understands that all information provided to the CONSULT ANT is the properry 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. Cancellation for Non-Performance or Non-Comollance of CONSULTANT A. If, at any time during the perfonnance of this Agreement, the DISTRICT determines, at the DISTRICT's sole discretion, that the CONSULTANT's services are not achieving the results required hereunder, the DISTRICT shall have the right to cancel this Agreement and terminate the perfonnance of the CONSULT ANT'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 CONSULT ANT only for that ponion, 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. VIII. Hoid Harmless The CONSULTANT hereby agrees to indemnify, defend, and hold harmless the DISTRICT and its depanments, agents, officers, and employees from any and all claims or sums which the DISTRICT or any of its depanments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to properry or injury or death of persons, arising out of the performance of the services rendered by the CONSULT ANT or caused by any error, omission, or act of the CONSULTANT or of any person employed by the CONSULT ANT or of any others for whose acts the CONSULT ANT is legally liable. Said sums shall include, in the event of legal action, COUll costs, expenses of litigation, and reasonable attorney's fees. IX. Soecial Provisions A. '- The CONSULT ANT 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 3 -- '- ,.............. '- '- compensation insurance. The CONSULT ANT 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 DISTRICT does nol 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 vn of the Civil Riehts 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 EmDlovrnent and Housing Act (pertaining to ancestry. race, national origin, color, sex, religion, physical or mental disability, medical condition, marital status, and age over 40) . 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. E. Either party may terminate this Agreement with a sixty- (60) day written notice. 4 --- \.- - \.- -'-- IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CONSULTANT SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ~<77?t "~S. BAll. Assistant Superintendent Business Services Division Name: Title: City of San Bernardino Parks, Recreation and Community Services Date: Date: 5 UNIFIED SCHOOL DISTRICT Arturo Delgado, Ed.D. Superintendent David S. Bail, Assistant Superintendent, Business Services August 13,2001 Attn: Lynn Knutson City of San Bernardino Parks & Recreation 547 N. Sierra Way San Bernardino, CA 92410 . Dear Ms Knutson: Please find enclosed three ORIGINAL copies of the City of San Bernardino Parks & Recreation, After School (CAPS) Program Agreement. Our office has signed all three. Two are to be retained by you for your records and we ask that you sign the remaining ORIGINAL and return it to our office at the address below as soon as possible. We look forward to working with you. Sincerely, 6< u~ &v~'\..&e--, Linda Smerber Contract Analyst BUSINESS SERVICES DIVISIO~gl m:! 777 North F Street. San Bernardino, CA 92410. (909) 381-1164. Fax (909) 383-1375 david. bail@sbcusd.k12.ca.us CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program -('\1 r"';-. ".- tn - ~ - ,\ DATE: September 26,2001 TO: Lynn Knutson, Recreation Supervisor FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2001-294 At the Mayor and Common Council meeting of September 17, 200 I, the City of San Bernardino adopted Resolution 2001-294 - 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 are three (3) original agreements. Please obtain signatures in the appropriate locations and return one original agreement to the City Clerk's Office as soon as possible, to my attention; return one to Linda Smerber, Contract Analyst, San Bernardino City Unified School District, 777 North F Street, San Bernardino, CA 92410; and keep one for your files. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you, Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Si",,,,, r~ Pl_"''''"'' return Date: ~ p? -0/ CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: October I, 2001 TO: Finance FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-294 - After School Recreation Programs cc: Attached is a copy of the executed 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. " p'. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # Vote: Ayes \-"~/:')-Io Nays.0- Change to motion to amend original documents: l'i Resolution # Abstain @- 'ZC::o \ - dq4 Absent -3, ') . See Attached:/ Date Returned: ~ See Attached: See Attached: Reso. # On Attachments: ~ Contracttenn: - Note on Resolution of Attachment stored separately: =- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: ~ Date of Mayor's Signature: ~a, Date ofClerk/CDC Signature: q ~ I lJ:u Date MemolLetter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: q bioi DI I 1 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, ]0584, ]0585, ]2634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed to: City Attorney ../ Parks & Rec. v" Code Compliance Dev. Services Police Public Services Water Notes: NulllVoid After: loa DAfS ) I/-!b -0 1 f By:- Reso. Log Updated: II' ,/ Seal Impressed: Yes~ No By Yes No ---;,L By Yes No-L By Yes No ,/ By Yes No/ By EDA Finance v MIS Others: 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: \'\'\'"\ Date: ~ 1 Revised 0] 112/0 I