HomeMy WebLinkAbout10- Parks, Recreation & Community Services CITY OF SAN BERNA-DINO - REQUEST FC COUNCIL ACTION
RESOLUTION OF THE CITY OF SAN BERNARDINO
From: ANNIE F. RAMOS, DIRECTOR Subject: AUTHORIZING THE EXECUTION OF A WORKSITE
AGREEMENT BETWEEN THE SAN BERNARDINO CITY
Dept: PARKS, RECREATION & COMMUNITY SERVICES UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION
DEPARTMENT AND THE CITY OF SAN BERNARDINO
Date: APRIL 25, 1994 PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT FOR PROVIDING WORKSITES FOR A
SPECIAL EDUCATION CAREER AND VOCATTRAU-_
synopsis of Previous Council action: TRAINING PROGRAM.
June 1, 1992 - Approved Resolution 92-179 authorizing the last worksite
agreement for training handicapped citizens for the period
July 1, 1992 - June 30, 1994.
lecommended motion:
Adopt the Resolution.
Signature
:ontactperson: Tom Boggs Phone: 5032
supporting data attached: Staff Report, Resolution & Agreement Ward: City Wide
UNDING REQUIREMENTS: Amount: No Cost To City.
Source: (Acct. No.)
(Acct. Description)
Finance:
ouncil Notes:
-ozsz Agenda Item No AQ
CITY OF SAN BERNA � DINO - REQUEST FC 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 four (4) 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 .
This agreement for continuation of the program is essentially
the same as that which was approved in 1992 . It is
recommended that this Resolution and Agreement be approved to
continue the Worksite Agreement for training our handicapped
citizens.
handicap. trng-cj
4/25/94
-0264
San Bernardino City Uni _.;d School District
E. Neal Roberts, Ed.D., Superintendent
Harold L. Boring, Ed.D, Assistant Superintendent, Administrative Services your Public Schools...
There's No Better Place To Learn
April 21, 1994
Annie F. Ramos, Director
San Bernardino City Parks, Recreation
and Community Services Department
547 North Sierra Way
San Bernardino, California 92401
Re: Worksite Agreement for Project WorkAbility Students
Dear Ms. Ramos:
Enclosed are two signed originals of the above Agreement between
the San Bernardino City Unified School District and San
Bernardino City Parks, Recreation and Community Services
Department. This Agreement was approved by the Board of
Education on April 19, 1994 , as attested by the enclosed
Certification of Minutes.
Please have both originals signed and return one to this office.
Administrative Services , Attention: Melinda A. Pure. Contract
Analyst.
We appreciate your continued support and cooperation in this
program to assist our special education students.
SSinGcceerely,
+ p/fi
Harold L. Borin , Ed. D.
J.
Assistant Suntendent
Administrative Services
mp
enclosure(s)
!� ADMINISTRATIVE SERVICES DIVISION
777 N. F Street • San Bernardino,CA 92410 • (909) 183 -1162
p
San Bernardino City Unified School District
CERTIFICATION OF MINUTES
The Board met in regular session on the 19th day of April, 1994, at the usual meeting
place thereof. The meeting was called to order at 5:30 p.m.
Members present: H. Brown, M. Brown, Diaz, Marinis, Neigel, Savage, Yeager
Members absent: None
The adoption of the following resolution and order was moved by Member Neigel,
seconded by Member Marinis, and a vote being taken, the said resolution and order
was adopted by the following votes of members present at that time.
AYES: M. Brown, Diaz, Marinis, Savage, Yeager
NOES: None
ABSTENTION: Neigel
ABSENT FOR VOTE: H. Brown
BE IT RESOLVED that the Board of Education approves entering into the Worksite
Agreement with the City of San Bernardino Parks, Recreation, and Community
Services Department which provides for Task Analysis-based compensation, effective
July 1, 1994, through October 31, 1996, per terms of the Agreement. The students
working under the 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 the Board minutes of
the Governing Board of the San Bernardino City Unified School District on the 19th
day of April, 1994.
Dated: April 20, 1994
Secretary of tlie Board of Education
Agenda Item 10.30
WORKSITE AGREEMENT INFORMATION
July 1, 1994 -
October 31, 1996
San Bernardino City Parks, Recreation
and Community Services Department
Address: 547 North Sierra Way, San Bernardino. CA 92401
Contact Person: Annie F. Ramos. Director Telephone No. 384-5233
San Bernardino City
Unified School District
Address: 777 North "F" Street. San Bernardino, CA 92410
Contact Person: Chris LeRoy/Sue Gagnon-Transition Telephone No. 880-6724
Description of Work Activity
Maintenance and Upkeep of City Parks
For SBCUSD use only
Program Section
fO WorkAbility No. of slots N/A
• Transition Partnership Program No. of hours/wk/slot
• Other <35
Activijy
O Exploratory Work 19 Job Training/Evaluation
0 Work Experience N Other Work Crew Assignment
0 0
RESOLUTION NO.
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY
4 OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT FOR PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER
5 AND VOCATIONAL TRAINING PROGRAM.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS :
7
8 SECTION 1 . The Mayor of the City of San Bernardino is
9 hereby authorized and directed to execute on behalf of said City,
10 a worksite agreement with the San Bernardino City Unified School
11 District Special Education Department relating to the provision
12 of worksites by the City Parks, Recreation and Community Services
13 Department for a Special Education Career and Vocational Training
14 Program, a copy of which is attached hereto, marked Exhibit "A"
15 and incorporated herein by reference as fully as though set forth
16 at length.
17 SECTION 2 . The authorization to execute the above
18 referenced agreement is rescinded if the parties to the
19 agreement fail to execute it within sixty (60) days of the
20 passage of this resolution.
21 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and common Council of the City of San
23 Bernardino at a meeting thereof, held on
24 day of 1994 , by the following vote to wit :
25
26 4/25/94 -1-
27
28
I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY
2 UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY
OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
3 DEPARTMENT.
4 COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT
5 NEGRETE
6 CURLIN
7 HERNANDEZ
8 OBERHELMAN _
9 DEVLIN
10 POPE-LUDLAM
11 MILLER
12
13
14 Rachel Clark, City Clerk
15 The foregoing resolution is hereby approved this
16 day of 1994 .
17
18
Tom Minor, Mayor
19 City of San Bernardino
20
Approved as to form
21 and legal content :
22 JAMES F. PENMAN
23 City Attorney
24 1
By:
25
TB:
26
27 4/25/94 -2-
28
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 3rd day of May, 1994, 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 Parks, Recreation and Community Services Department,
hereinafter referred to as the 'PARTICIPATING AGENCY."
RECITALS:
WHEREAS, the DISTRICPs Special Education Department endeavors to provide
assistance to students in making a successful transition from the school environment;
and
WHEREAS, the DISTRICT 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 DISTRICT and the PARTICIPATING AGENCY mutually
agree as follows:
1. Term of Agreement
a. This Agreement shall be for a period beginning July 1. 1994, through
October 31. 1996.
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 Assignment
a. This Agreement may be amended by the mutual written consent of
the parties hereto.
b. This Agreement shall not be assigned.
3. Purpose 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
1
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. Responsibilities 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/vocational 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 or Transition staff person, 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.
2
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d. The DISTRICT will provide Worker's Compensation Insurance
coverage for Participants while they are at the PARTICIPATING
AGENCY Worksite. The DISTRICT will provide a Certificate of
Insurance to the City of San Bernardino Risk Management Division
showing proof of Worker's Compensation Coverage.
e. The DISTRICT will provide any necessary program or special
monitoring as required by Federal and State regulations and by
DISTRICT policy. The DISTRICT 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 DISTRICT will take action as
necessary to maintain compliance in accordance with the above.
5. 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 DISTRICT.
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 DISTRICT staff worksite supervisor in the
correct use of tools and materials and in the task performance
methods in which the DISTRICT-supervised work training crew will
be engaged.
C. 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. A 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 DISTRICTS Worksite Supervisor and will provide
explicit instructions as to the proper, safe, and sanitary manner in
which Worksite activities are to be performed.
d. 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.
e. The worksite may be and will be monitored by DISTRICT 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 DISTRICT' staff worksite
3
supervisor to 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.
f. 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 administrative 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. Hold Harmless
a. The PARTICIPATING AGENCY hereby agrees to save and hold
harmless 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.
4
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b. The DISTRICT hereby agrees to save and hold harmless
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 DISTRICT or of any person
employed by the DISTRICT or of any others for whose acts the
DISTRICT 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 DISTRICT
and comply with all other Federal, State,'and local laws relating to
funding under career/vocational training grants operated by the
DISTRICT.
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:
D. Title VI and VII of the Civil Rights Act of 1964- as amended
(pertaining to race, color, national origin, and religion);
► _Title IX of the Education Amendments of 1972
(pertaining to sex);
► Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap); and
► The Age Discrimination Act of 1975
(pertaining to age)
d. This non-discrimination policy covers admission and access to, and
treatment and employment in, the DISTRICTS 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.
5
�t
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.
CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
4,4 t
TOM MINOR HAROLD L. BO NG, Ed.D.
Mayor Assistant Superintendent
Administrative Services
Date: Date: APR 2 1 1981
ATTEST:
CM CLERK
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
By:
6