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HomeMy WebLinkAbout2013-358 1 RESOLUTION NO. 2013-358 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITIE USE AGREEMENT FOR ADULT CLASSES BETWEEN THE CITY OF SA 4 BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (#2742) 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized to execute a Facilities Us: 9 Agreement for Adult Classes between the City of San Bernardino and the San Bernardino Cit 10 11 Unified School District (the "Agreement") at the Perris Hill Senior Center, a copy of which i 12 attached hereto as Exhibit "A", and incorporated herein by reference as though fully set forth a 13 length. 14 SECTION 2. The term of the Agreement is from July 22, 2013 through June 30, 2018; 15 therefore, any actions taken between July 22, 2013 and the date that this Agreement is execute. 16 are hereby ratified. 17 18 SECTION 3. The authorization granted hereunder shall expire and be void and of n. 19 further effect if the Agreement is not executed by both parties and returned to the Office of the 20 City Clerk within 120 days following effective date of the Resolution. 21 /// 22 23 /// 24 25 /// 26 /// 27 /// 28 2013-358 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITIE 2 USE AGREEMENT FOR ADULT CLASSES BETWEEN THE CITY OF SA 3 BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (#2742) 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an. 5 Common Council of the City of San Bernardino at a joint regular 6 Meeting, thereof, held on the 16th day of December , 2013, by the followinv 7 vote to wit: 8 9 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 JENKINS x 12 VALDIVIA x 13 SHORRETT X 14 15 VACANT 16 JOHNSON X 17 MULVIHILL x 18 George.a Hann.Fity Clerk 20 21 The foregoing resolution is hereby approved this I1 day of December , 2013. 22 • 23 Morris, Ma 24 • San Bernardino Approved as to form: 25 GARY SAENZ, City Attorney 26 By: Qy1a ( Juca 27 28 2013-358 Contract No.: 131 14-716-0020-poa REVISED San Bernardino City Unified School District 777 North F Street San Bernardino, CA 92410 FACILITIES USE AGREEMENT FOR ADULT CLASSES ADULT EDUCATION SCHOOL THIS AGREEMENT is made and entered into this 22nd day of July 2013, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, acting for its Adult School, located at 1200 North E Street, San Bernardino, California 92405, hereinafter referred to as the "DISTRICT", with its principal place of business at 777 North F Street, San Bernardino, California 92410, and CITY OF SAN BERNARDINO, hereinafter referred to as the "CITY", with its principal place of business at 300 North "D" Street, San Bernardino, California 92418. RECITALS WHEREAS, pursuant to Education Code (EGA sections 52501, 52502, 52503 and California Code of Regulations, Title 5 Section 10560, unified or high school districts are allowed to establish separate adult schools; and, WHEREAS, the California Adult Education Program serves state and national interests by providing life-long educational opportunities and support services to all adults; and addresses the unique and evolving needs of individuals and communities by providing adults with the knowledge and skills necessary to participate effectively as productive citizens, workers, and family members; and, WHEREAS, the DISTRICT recognizes a need for and wishes to provide such classes within the Adult School; and, WHEREAS, the Adult School is willing to provide and conduct these classes if suitable facilities and equipment can be obtained; and, WHEREAS, the CITY is an independent ordained city and has facilities and equipment, and agrees to allow the DISTRICT to use their facilities and equipment for the purpose of conducting Adult School classes; NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be for a period beginning July 22, 2013, continuing through June 30, 2018. II. DESCRIPTION OF CITY'S FACILITIES AND EQUIPMENT A. The CITY's facility is known as the Perris Hill Park Senior Center, located at 780 East 21st Street, San Bernardino, California 92410. City of San Bernardino-Facilities Use Agreement-Adult School Page I of 5 Contract No.: 13/14-716-0020-poa REVISED B. The CITY will provide rooms for classes with suitable temperature control and furniture and equipment such as chairs, tables, bulletin board, etc. The DISTRICT will supplement the CITY's classroom furniture with additional DISTRICT-owned furniture and equipment to support the instructional programs for the duration of the DISTRICT's Adult School instructional programs, if needed. C. The CITY will provide adequate parking, access to a drinking fountain, and adequate restroom facilities. III. PROVISIONS FOR USE: A. The DISTRICT's Adult School will provide classes at the CITY's facilities. The DISTRICT may conduct Adult School classes Monday through Friday, between 8:00 a.m. and 9:00 p.m. excepting holidays and days when classes are not scheduled as agreed between the DISTRICT and the CITY. Classes are only held during work hours and/or on work days of CITY personnel. The DISTRICT shall provide the CITY with a class schedule. B. The CITY personnel will be responsible for locking and unlocking the facilities and will remain on site or accessible by phone in case of emergency. C. The CITY maintains a gated facility that is not readily accessible to the general public. The CITY personnel are to ensure access by the DISTRICT staff and students to appropriate instructional areas, located in a gated and secure building. The CITY maintains general security for the facility and its occupants. D. The CITY agrees to provide DISTRICT staff with access to a telephone for emergency purposes. The CITY agrees to maintain said facilities in a suitable condition throughout the entire term of this agreement. This will include the maintenance, utility costs, and custodial services needed to ensure that the condition of the facilities continue to meet DISTRICT standards. E. During the time classes are in session, the DISTRICT may post signs stating that the CITY's site is the location of certain Adult School Classes. F. DISTRICT Adult School students' behavior is required to conform to the standards and rules of the Adult School. Any students who fail to adhere to Adult School behavior standards will be asked to leave the premises and may face disciplinary actions consistent with DISTRICT policy. City of San Bernardino-Facilities Use Agreement-Adult School Page 2 of 5 Contract No.: 13/14-716-0020-poa REVISED IV. FINANCIAL PROVISIONS There shall be no financial or in-kind remuneration to or from either party. Adult School students will not be charged any fee for enrollment or attendance in the classes. However, there may be a fee for supplies in specified classes. V. CANCELLATION AND/OR AMENDMENT TERMS A. This Agreement may be cancelled by serving on the other party a sixty (60) day advance, written notice of such cancellation, except that this Agreement shall terminate immediately, at the DISTRICT'S and / or CITY'S sole discretion: 1) when required by law in the event of a health/safety related violation, or 2) if, at the sole discretion of the DISTRICT and/or the CITY, the classes being provided to the students are no longer educationally beneficial, or 3) if community interest is not sufficient to support classroom programs, or 4) if facilities are not maintained consistent with DISTRICT and / or CITY standards or needs as originally agreed, or 5) at the sole discretion of the DISTRICT and/or CITY if there are unresolved issues involving continuation of the classes. B. This Agreement may be amended by the mutual written consent of the parties hereto. VI. INDEMNIFICATION DISTRICT and CITY shall both indemnify and hold harmless each other, its Board, officers, employees and agents from, and if requested, shall defend them against all liabilities, obligations, losses, damages,judgments, costs or expenses (including legal fees and costs of investigation) (collectively "Losses") arising from, in connection with or caused by: (a) personal injury or property damage caused, directly or indirectly, by any act or omission of either party; or (b) any infringement of patent, copyright, trademark, trade secret or other proprietary right caused by either party. Notwithstanding the foregoing, CITY and the DISTRICT shall have no obligation under this Section with respect to any Loss that is caused solely by the active negligence or willful misconduct of the CITY or the DISTRICT and is not contributed to by any act or omission (including any failure to perform any duty imposed by law) by either party, its subcontractors or either's agent or employee. VII. LEGAL COMPLIANCE AND NON-DISCRIMINATION A. The CITY and the DISTRICT hereby certify that they are in compliance with all applicable local, state, and federal health and safety regulations. B. By signing this agreement the CITY acknowledges receipt and acceptance of the following DISTRICT policies: 1. Smoking and Use of Tobacco at District Facilities Policy (No. 3520). 2. Affirmative Action Program for Equal Employment Opportunity Policy (No. 4136). 3. Nondiscriminatory Harassment Policy (No. 4136.1). City of San Bernardino-Facilities Use Agreement-Adult School Page 3 of 5 Contract No.: 13/14-716-0020-poa REVISED 4. Drug-Free Workplace Policy (No. 4205). It is agreed by all Parties 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. It is the responsibility of the CITY to ensure that those employed by or subcontracted by the CITY also adhere to the DISTRICT's policies. C. The CITY and the DISTRICT hereby certify that they will not unlawfully 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: 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); 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). This non-discrimination policy covers admission and access to, and treatment and employment in all the DISTRICT's programs and activities. VIII. NOTICES All notices and documents required pursuant to the terms hereof shall be in writing and may be delivered in person or by certified or registered mail, postage paid, as follows: City of San Bernardino-Facilities Use Agreement-Adult School Page 4 of 5 Contract No.: 13/14-716-0020-ma REVISED DISTRICT: CITY: Karen Bautista, Principal Mitch Assumma, Recreation Manager Adult Education School City of San Bernardino 1200 North E Street 300 North D Street San Bernardino, CA 92405 San Bernardino, CA 92418 (909) 388-6000 (909) 384-5030 Assumma Mi(&,,sbcity.org; With copy to: Peace Aneke, Contract Analyst Purchasing Department 777 North F Street San Bernardino, CA 92410 (909) 381-1132 If mailed, notices shall be effective as of the date of the postmark on receipt by addressee. If delivered by hand, the effective date shall be the date of receipt of addressee. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ALLEN J. PARKER DEBRA LOVE City Manager Director, Purchasing Department Date: Date: Approved as to form: Gary D. Saenz, City Attorney Board Date: 7/22/13 City of San Bernardino-Facilities Use Agreement-Adult School Page 5 of 5 2013-358 • Contract No.: 13/14-716-0020-poa REVISED San Bernardino City Unified School District 777 North F Street San Bernardino, CA 92410 FACILITIES USE AGREEMENT FOR ADULT CLASSES ADULT EDUCATION SCHOOL THIS AGREEMENT is made and entered into this 22nd day of July 2013, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, acting for its Adult School, located at 1200 North E Street, San Bernardino, California 92405, hereinafter referred to as the "DISTRICT", with its principal place of business at 777 North F Street, San Bernardino, California 92410, and CITY OF SAN BERNARDINO, hereinafter referred to as the "CITY", with its principal place of business at 300 North "D" Street, San Bernardino, California 92418. RECITALS WHEREAS, pursuant to Education Code (EGA sections 52501, 52502, 52503 and California Code of Regulations, Title 5 Section 10560, unified or high school districts are allowed to establish separate adult schools; and, WHEREAS, the California Adult Education Program serves state and national interests by providing life-long educational opportunities and support services to all adults; and addresses the unique and evolving needs of individuals and communities by providing adults with the knowledge and skills necessary to participate effectively as productive citizens, workers, and family members; and, WHEREAS, the DISTRICT recognizes a need for and wishes to provide such classes within the Adult School; and, WHEREAS, the Adult School is willing to provide and conduct these classes if suitable facilities and equipment can be obtained; and, WHEREAS, the CITY is an independent ordained city and has facilities and equipment, and agrees to allow the DISTRICT to use their facilities and equipment for the purpose of conducting Adult School classes; NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be for a period beginning July 22, 2013, continuing through June 30, 2018. II. DESCRIPTION OF CITY'S FACILITIES AND EQUIPMENT A. The CITY's facility is known as the Perris Hill Park Senior Center, located at 780 East 21st Street, San Bernardino, California 92410. City of San Bernardino-Facilities Use Agreement-Adult School Page 1 of 5 Contract No.: 13/14-716-0020-poa REVISED B. The CITY will provide rooms for classes with suitable temperature control and furniture and equipment such as chairs, tables, bulletin board, etc. The DISTRICT will supplement the CITY's classroom furniture with additional DISTRICT-owned furniture and equipment to support the instructional programs for the duration of the DISTRICT's Adult School instructional programs, if needed. C. The CITY will provide adequate parking, access to a drinking fountain, and adequate restroom facilities. III. PROVISIONS FOR USE: A. The DISTRICT's Adult School will provide classes at the CITY's facilities. The DISTRICT may conduct Adult School classes Monday through Friday, between 8:00 a.m. and 9:00 p.m. excepting holidays and days when classes are not scheduled as agreed between the DISTRICT and the CITY. Classes are only held during work hours and/or on work days of CITY personnel. The DISTRICT shall provide the CITY with a class schedule. B. The CITY personnel will be responsible for locking and unlocking the facilities and will remain on site or accessible by phone in case of emergency. C. The CITY maintains a gated facility that is not readily accessible to the general public. The CITY personnel are to ensure access by the DISTRICT staff and students to appropriate instructional areas, located in a gated and secure building. The CITY maintains general security for the facility and its occupants. D. The CITY agrees to provide DISTRICT staff with access to a telephone for emergency purposes. The CITY agrees to maintain said facilities in a suitable condition throughout the entire term of this agreement. This will include the maintenance, utility costs, and custodial services needed to ensure that the condition of the facilities continue to meet DISTRICT standards. E. During the time classes are in session, the DISTRICT may post signs stating that the CITY's site is the location of certain Adult School Classes. F. DISTRICT Adult School students' behavior is required to conform to the standards and rules of the Adult School. Any students who fail to adhere to Adult School behavior standards will be asked to leave the premises and may face disciplinary actions consistent with DISTRICT policy. City of San Bernardino-Facilities Use Agreement-Adult School Page 2 of 5 Contract No.: 13/14-716-0020-poa REVISED IV. FINANCIAL PROVISIONS There shall be no financial or in-kind remuneration to or from either party. Adult School students will not be charged any fee for enrollment or attendance in the classes. However, there may be a fee for supplies in specified classes. V. CANCELLATION AND/OR AMENDMENT TERMS A. This Agreement may be cancelled by serving on the other party a sixty (60) day advance, written notice of such cancellation, except that this Agreement shall terminate immediately, at the DISTRICT'S and / or CITY'S sole discretion: 1) when required by law in the event of a health/safety related violation, or 2) if, at the sole discretion of the DISTRICT and/or the CITY, the classes being provided to the students are no longer educationally beneficial, or 3) if community interest is not sufficient to support classroom programs, or 4) if facilities are not maintained consistent with DISTRICT and / or CITY standards or needs as originally agreed, or 5) at the sole discretion of the DISTRICT and/or CITY if there are unresolved issues involving continuation of the classes. B. This Agreement may be amended by the mutual written consent of the parties hereto. VI. INDEMNIFICATION DISTRICT and CITY shall both indemnify and hold harmless each other, its Board, officers, employees and agents from, and if requested, shall defend them against all liabilities, obligations, losses, damages,judgments, costs or expenses (including legal fees and costs of investigation) (collectively "Losses") arising from, in connection with or caused by: (a) personal injury or property damage caused, directly or indirectly, by any act or omission of either party; or (b) any infringement of patent, copyright, trademark, trade secret or other proprietary right caused by either party. Notwithstanding the foregoing, CITY and the DISTRICT shall have no obligation under this Section with respect to any Loss that is caused solely by the active negligence or willful misconduct of the CITY or the DISTRICT and is not contributed to by any act or omission (including any failure to perform any duty imposed by law) by either party, its subcontractors or either's agent or employee. VII. LEGAL COMPLIANCE AND NON-DISCRIMINATION A. The CITY and the DISTRICT hereby certify that they are in compliance with all applicable local, state, and federal health and safety regulations. B. By signing this agreement the CITY acknowledges receipt and acceptance of the following DISTRICT policies: 1. Smoking and Use of Tobacco at District Facilities Policy (No. 3520). 2. Affirmative Action Program for Equal Employment Opportunity Policy (No. 4136). 3. Nondiscriminatory Harassment Policy (No. 4136.1). City of San Bernardino-Facilities Use Agreement-Adult School Page 3 of 5 Contract No.: 13/14-716-0020-poa REVISED 4. Drug-Free Workplace Policy (No. 4205). It is agreed by all Parties 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. It is the responsibility of the CITY to ensure that those employed by or subcontracted by the CITY also adhere to the DISTRICT's policies. C. The CITY and the DISTRICT hereby certify that they will not unlawfully 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: 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); 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). This non-discrimination policy covers admission and access to, and treatment and employment in all the DISTRICT's programs and activities. VIII. NOTICES All notices and documents required pursuant to the terms hereof shall be in writing and may be delivered in person or by certified or registered mail, postage paid, as follows: City of San Bernardino-Facilities Use Agreement-Adult School Page 4 of 5 Contract No.: 13/14-716-0020-poa REVISED DISTRICT: CITY: Karen Bautista, Principal Mitch Assumma, Recreation Manager Adult Education School City of San Bernardino 1200 North E Street 300 North D Street San Bernardino, CA 92405 San Bernardino, CA 92418 (909) 388-6000 (909) 384-5030 Assumma Micr,sbcity.org; With copy to: Peace Aneke, Contract Analyst Purchasing Department 777 North F Street San Bernardino, CA 92410 (909) 381-1132 If mailed, notices shall be effective as of the date of the postmark on receipt by addressee. If delivered by hand, the effective date shall be the date of receipt of addressee. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT di AZ ALLEN . PARKER `-DEBRA LOVE City Manager Director, Purchasing Department Date: `'/.3 3 Date: I ` V / Y Approved as to form: Gary D. Saenz, City Attorney /, Board Date: 7/22/13 City of San Bernardino-Facilities Use Agreement-Adult School Page 5 of 5