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HomeMy WebLinkAbout2014-083 RESOLUTION NO. 2014-83 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO SUBMIT AN 3 APPLICATION TO THE SENIOR COMMUNITIES SERVICES EMPLOYMENT 4 PROGRAM (SCSEP) FOR THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO BECOME A HOST AGENCY FOR THE PROGRAM. 5 WHEREAS,the SCSEP program places senior participants in subsidized employment 6 positions to gain valuable training experience; and, 7 8 WHEREAS,participation in the SCSEP program will help ensure the continuance of 9 critical services provided by the Parks, Recreation and Community Services Department to the 10 residents of the City of San Bernardino. 11 12 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 13 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 14 SECTION 1. The City Manager is hereby authorized to submit the application, 15 attached hereto as Exhibit"A" and incorporated herein, for the Parks, Recreation and 16 17 Community Services Department to become a Host Agency with the Senior Communities 18 Service Employment Program (SCSEP). 19 SECTION 2. This authorization shall expire and be deemed void and of no further 20 effect if the agreement is not executed by both parties and returned to the office of the City 21 Clerk within sixty (60) days following the effective date of the resolution. 22 /// 23 /// 24 /// 25 /// /// 2014-83 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO SUBMIT AN 2 APPLICATION TO THE SENIOR COMMUNITIES SERVICES EMPLOYMENT PROGRAM (SCSEP) FOR THE PARKS, RECREATION AND COMMUNITY 3 SERVICES DEPARTMENT TO BECOME A HOST AGENCY FOR THE PROGRAM. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 joint regular Common Council of the City of San Bernardino at a meeting, thereof, held on the 6 7th day of April' 2014, by the following vote to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ x 9 BARRIOS x 10 11 VALDIVIA x 12 SHORETT x 13 NICKEL x 14 JOHNSON x 15 MULVIHILL x 16 �Y-- .".0 //641.44.-A-- 17 Georgeann Hanna, City Clerk 18 19 The foregoing resolution is hereby approved this 7 day of April , 2014. -,t 20 /7 61 1 21 R. CAREY i AVIS, Mayor City of San Bernardino 22 Approved as to form: 23 GARY D. SAENZ, City Attorney 24 25 By: 6L(A‘e2--,-- 2014-83 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO THIS AGREEMENT is made and entered into this 7th day of April , 2014 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and COUNTY OF SAN BERNARDINO, a governmental entity ("COUNTY"). WITNESSETH : A. WHEREAS, COUNTY operates a Senior Communities Service Employment Program to assist individuals obtain unsubsidized employment; and B. WHEREAS, the CITY requires volunteers to provide critical services to the residents of the City of San Bernardino; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES 1.1. Scope of Services. COUNTY shall provide the volunteer services described in the Scope of Volunteer Services attached hereto as Exhibit "A" and incorporated herein by this reference. CITY shall provide the services described in the Scope of Volunteer Services attached hereto as Exhibit "A" and incorporated herein by this reference. If a conflict arises between the Scope of Volunteer Services and this Volunteer Services Agreement (hereinafter "Agreement"), the terms of the Agreement shall govern. 1.2. Warranty. COUNTY warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to,those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. COUNTY shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to COUNTY's performance under this Agreement. 1.3. Non-discrimination. In performing this Agreement, COUNTY shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation. Page 1 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 1.4. Non-Exclusive Agreement. COUNTY acknowledges that CITY may enter into agreements with other organizations for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.5. Conflicts of Interest. During the term of this Agreement, COUNTY shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 2.0. TERM AND NOTIFICATION. 2.1. Term. This Agreement shall commence on the Effective Date and continue for a period of six (6) months, unless the Agreement is previously terminated as provided for herein. 2.2 Termination. CITY or COUNTY may terminate the services provided under Section 1.1 of this Agreement effective upon written notice to the other party for any reason. 3.0. GENERAL PROVISIONS 3.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing,and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. /// Page 2 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 3.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO COUNTY: IF TO CITY: Linda Nelson, Assistant to the Director Mickey Valdivia, Director 686 East Mill Street City of San Bernardino San Bernardino, CA 92415 Parks Recreation& Community Services Department 201 North"E" Street, Suite 301 —3rd Floor San Bernardino, CA 92401 3.3. Attorneys' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 3.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 3.5. Assignment: COUNTY shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of COUNTY's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release COUNTY of COUNTY's obligation to perform all other obligations to be performed by COUNTY hereunder for the term of this Agreement. 3.6. Indemnification and Hold Harmless. COUNTY shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including,but not limited Page 3 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 to, all civil claims or workers' compensation claims arising from or in any way related to COUNTY's performance under this Agreement, except when caused solely by the CITY's negligence. 3.7. Independent Contractor. COUNTY, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. COUNTY shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for COUNTY and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither COUNTY nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of COUNTY and its officers', agents' and employees'work for the CITY. This Agreement does not create the relationship of agent,servant, employee partnership or joint venture between the CITY and COUNTY. 3.8 Conflict of Interest Disclosure: COUNTY or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. COUNTY shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 3.9. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and COUNTY and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 3.10. Headings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 3.11. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 3.12. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Page 4 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 3.13. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 3.14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 3.15. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so,the parties hereto are formally bound to the provisions of this Agreement. 3.16 Intellectual Property. The parties agree that all plans, designs, models, manuals, methods and other materials developed on behalf of the CITY, during the term of this agreement, becomes the immediate property of the CITY. /// /// /// /// /// /// /// /// /// /// Page 5 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO A Municipal Corporation A Governmental Entity DATE: DATE: Allen Parker, Linda Nelson, City Manager Assistant to the Director APPROVED AS TO FORM: GARY D. SAENZ, City Attorney Page 6 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 EXHIBIT A Page 7 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 Dear Host Agency Applicant, Thank you for your interest in becoming a Host Agency with the Senior Communities Service Employment Program(SCSEP). I am enclosing the following for your review,completion and submittal; 1. Application to be a Host Agency• This form must be completed and returned before you can become eligible to be a Host Agency with the SCSEP. When we are able to enroll a participant from your area,or are seeking a new placement for a current participant,your application will be evaluated along with other Host Agency applications from your area to determine the best placement for the participant. There are two basic criteria for evaluation: 1.The quality of the training to be provided,and 2.The commitment made by the agency to either hire the participant or help them to otherwise obtain unsubsidized employment. If private.non-profit.von must attach a cony of your 501c3 document. If a faith-based organization please attach a letter/memo addressing section three on page 2 of the application. 2. Supervisor's Non-Federal In-Kind Contribution Report This form must be completed and returned in order to establish a dollar value for the time the supervisor will spend in direct supervision and training of the participant placed witli yofir agency. This information is necessary to show a local,in-kind match in order to receive the federal grant funds. The information supplied will be kept confidential. Actual supervision time is reported on the participant's time sheets. Generally about 15%of participant paid hours. 3. Host Agency Agreement This form is enclosed for your thorough review and signature. It is important that you understand the expectations of our program and that you agree to adhere to these expectations. Please make certain this is returned with the application. 4. Training Assignment Description(aka: Job Description). This farm;when filled out completely,will help us determine the applicant most suited for your needs. If you have more that one type of position to fill either request we send you additional forms or feel free to make copies of this blank form. I cannot, at this time,tell you how long it may be before we find the appropriate person to place at your agency. It could be weeks or months,and it depends on matching applicant from your area with the type of training you can provide. Please return completed packet to me at 686 East Mill Street,San Bernardino, CA 92415-0640. If you have questions you may call my office at 909-891-3913. Sincerely, 7/1/ 161) -f Linda Nelson Assistant to the Director DAAS rage tf of Is VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 San Bernardino County Department of Aging&Adult Services SENIOR COMMUNITIES SERVICE EMPLOYMENT PROGRAM Application to be a Host Agency Name of Agency: Address: Telephone: FAX: Contact Person: Title: Are you a: ❑ Government Agency ❑ Private,non-profit? If private attach copy of 501c3. Are you a Faith Based organization? ❑ Yes [] No If yes see page 2 for added instructions. Do you receive United Way Funding? ❑ Yes ❑No Federal Employer Identification Number(FEIN) (The Department of Labor now requires that we enter the FEIN number in our database so this is very important.) Training 1. What is the occupation in which you will train the participant assigned to you?. 2. Approximately how long should it take to train the participant for this occupation? months. 3.' Name and title of the person who will be training the participant 4. Describe in detail the training that will be provided: • COMPLETE THE BACK SIDE,SIGN AND DATE Page I of 2 "'age9otl3 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 San Bernardino County Department of Aging&Adult Services SENIOR COMMUNITIES SERVICE EMPLOYMENT PROGRAM Supervisor's Non-Federal In-Kind Contribution CONFIDENTIAL CONFIDENTIAL The following Information is required so that a dollar value can be assigned to the amount of time a supervisor spends in direct supervision or training of a SCSEP Participant. The information supplied on this form will be kept confidential,and will only be seen by those SCSEP staff involved in computing and reporting the SCSEP's Non-federal in-kind contributions,and the staff persons of funding agencies(CDA)who monitor or audit this information. Name of Agency: Address of Agency: Agency Federal Employer Identification Number(FEIN): Name and Title of Supervisor: 1. Dollar value of one hour of supervisor's time—$ The dollar value of one hour of supervisor's time would include the supervisor's hourly wage plus the hourly value of any fringe benefits received by the supervisor. The hourly value of a monthly benefit package can be computed by dividing the monthly value of the benefit package by the average number of work hours in a month. (A person working forty hours per week works 2080 hours per year,or an average of 173.33 hours per month.) For instance, a supervisor who is paid$10.00 per hour,and receives a benefit package worth$200.00 per month,should enter $11.15 as the hourly value of their time to reflect a$10.00 per hour wage plus benefits that are worth$1.15 per hour ($200/173.33). 2. Percent of supervisor's salary&fringes paid for with direct federal grant funds= Enter the percent of supervisor's salary&fringes that are paid for directly by the federal government or with direct federal grant funds. If the supervisor's positions funded entirely with direct federal grants enter 100%.If None of the supervisor's salary&fringes are paid for with direct federal grant funds enter 0%. If the supervisor's position is funded from a variety of sources estimate what percentage is covered by federal funds. For instance,a nutrition site supervisor whose position is funded by both the contributions of the nutrition site participants and by federal grant funds should enter the percentage that is funded by federal grants. Please note that Community Service Block Grant(CSBG)funds are not considered federal grant funds for this purpose. I certify that the above information is true and accurate to the best of my knowledge. I agree to inform the SCSEP of any changes in the above information. Signature: Date: in-Kind 05-05.10 Page 1 of 1 rage Iu of 1S VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM DEAPRTMENT DF AGING AND ADULT SERVICES(DAAS) 1. The Host Agency shall assist and encourage the Participant in seeking and obtaining unsubsidized employment including,but not limited to recognition that the Participant will use authorized time for appropriate job search activities.The Host Agency acknowledges that the Participant shall engage in job search activities concurrently while they are assigned to the Host Agency for training. 2. The Host Agency shall work with SCSEP to assist the Participant in his/her personal development Personal development may include meeting with SCSEP staff at the site,or in a meeting,to be assessed and/or to develop an Individual Development Plan.The Host Agency understands that the Participant will use authorized time to attend regular meetings of program participants,SCSEP workshops that provide training in goal setting,job search,and related topics,and/or to attend skills classes identified as appropriate for the Participant's training. 3. The Host Agency shall consider the Participant for all job openings for which the Participant is qualified.The Host Agency shall hire the Partidpant subject to the Host Agency's personnel procedures,into a position for which the Participant is qualified if and when possible. Failure to consider the Participant for an appropriate opening will result in termination of this agreement 4. The Host Agency shall recognize that the Participant is assigned to a temporary training position designed to prepare the Participant for unsubsidized employment that SCSEP may transfer the participant at any time to another site to enable the participant to receive different training,and that such a transfer is likely when the Participant has completed training with the Host Agency. 5. The Host Agency shall provide adequate supervision of the Participant and shall provide orientation and necessary training concerning the Host Agency,its activities and the Participant's day-to-day responsibilities. 6. The Host Agency shall provide a copy of the Participant's Training Assignment Description to the Participant and to SCSEP.The Host Agency shall not change the participant's duties or working conditions without first updating the Training Assignment Description. 7. The Host Agency shall provide a safe and sanitary training environment and training conditions,and shall give the Participant any necessary safety instruction,and shall report any accidents immediately to SCSEP staff. S. The Participant shall work with the Host Agency Supervisor to provide SCSEP with an accurate Time and Attendance(T&A)record on the Partidpant by the time requested for every pay period. 9. The Host Agency Shall complete and return in a timely manner any reports,evaluations,etc requested by SCSEP which will include,but not be limited to,quarterly evaluations of the Participant. 10. The Host Agency shall report to SCSEP the value of the supervisor's time and what percentage of the supervisor's compensation is paid for with federal funds.The Host Agency shall report on each pay period's Time&Attendance Report(f&A),the amount of time spent in direct supervision or training of the Participant 11. The Host Agency shall assure that the Participant only works the total number of hours authorized by SCSEP,and will refrain from requiring the Participant to work over-time or volunteer hours. 12 The Host Agency shall not displace any employee or volunteer with the Participant,nor assign the Participant to perform the tasks of an employee on layoff,nor replace a non-SCSEP federally funded position with the Participant. 13. The Host Agency shall not discriminate on the basis of race,color,religion,sex,national origin,handicap,age,political affiliation or opinion,or ancestry. 14. The Host Agency shall have the Participant's immediate supervisor attend an annual meeting of Host Agency supervisors as scheduled by the SCSEP Staff.Failure of the Host Agency to be represented at such a meeting will result in termination of the agreement 15. The Host Agency shall ensure that the Participant does not engage in any partisan or non-partisan political activity,or work to promote a specific religious belief,during work time paid for by SCSEP. 16, The Host Agency shall enforce the provisions of the Drug-Free Workplace Act of 1988. 17. The Host Agency shall follow all procedures set forth in the SCSEP Training Site Supervisor's Handbook for any information regarding the program and the participants. rage 11 or 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 SENIOR COMMUNITY SERVICE,EMPLOYMENT PROGRAM DEPARTMENT OF AGING&ADULT SERVICES Training Assignment Description(TAD) pcDA Host Agency: Host Agency Phone Participant's Name: Participant's PositionTitle: Description of Tasks/Duties and training to be provided: Physical Limitations: No lifting in excess of 15# (unless if specified by Doctor). No driving Host Agency vehicles on public roads. Participant's Training/Work Schedule: Hours []Mon. '0 Tue. 0 Wed. ❑Thu. 0 Fri. (Between 8:00 n.m.&5:00 p.m.) a.m. p.m. Participants are not permitted to be in trainlna/workins on.Saturday or Sunday. I understand that any training performed on days or hours not within the scope of this schedule will not be considered as training time,and will not be paid without prior approval from the Senior Community Service Employment Program office. Signature of Training Site Supervisor Date Signature of Participant Date Local SCSEP Office(City) TAD 11-16-09 Page 12 of 1s VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 Older Americans Work! NATIONAL EMPLOY OLDER WORKERS WEEK s tom . ,i f � f -. V ,may 77 � ,. . THE CHANGING WORKFORCE Older workers are by far the fastest-growing sector of the American workforce. "Retirement" is quickly becoming an outdated term as Americans live and work longer. Employers are beginning to recognize the value in tapping this talent pool and leveraging the skills and experience of mature workers. According to Manpower Inc.,employers who develop specific recruitment and retention strategies for older workers will reap big benefits. WHY HIRE AN OLDER WORKER? Older Americans possess many characteristics that are attractive to employers.Research shows that older workers are more motivated to exceed expectations than younger workers. In a survey of human resource professionals, 68% of respondents considered older workers to be more reliable employees. Respondents also cited older workers' strong work ethic, flexible schedules,and mentoring younger workers as positive attributes. HOW SCSEP CAN HELP EMPLOYERS Administered by the Department of Labor, the Senior Community Service Employment Program (SCSEP) has helped older workers find productive jobs for over 45 years. SCSEP works with more than 70,000 older workers each year to help them build the job skills employers need. Our program can provide you with the employees you need to be competitive. For more information, call 1-877-US2-JOBS(TTY: 1-877-889-5627), or visit us online at www.doleta.gov/seniors or http://olderworkers.workforce3one.ora. GD Page Ii of is VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO THIS AGREEMENT is made and entered into this 7th day of April , 2014 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and COUNTY OF SAN BERNARDINO, a governmental entity ("COUNTY"). WITNESSETH : A. WHEREAS, COUNTY operates a Senior Communities Service Employment Program to assist individuals obtain unsubsidized employment; and B. WHEREAS, the CITY requires volunteers to provide critical services to the residents of the City of San Bernardino; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES 1.1. Scope of Services. COUNTY shall provide the volunteer services described in the Scope of Volunteer Services attached hereto as Exhibit "A" and incorporated herein by this reference. CITY shall provide the services described in the Scope of Volunteer Services attached hereto as Exhibit "A" and incorporated herein by this reference. If a conflict arises between the Scope of Volunteer Services and this Volunteer Services Agreement (hereinafter "Agreement"), the terms of the Agreement shall govern. 1.2. Warranty. COUNTY warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to,those laws related to minimum hours and wages;occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. COUNTY shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to COUNTY's performance under this Agreement. 1.3. Non-discrimination. In performing this Agreement, COUNTY shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation. Page 1 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 1.4. Non-Exclusive Agreement. COUNTY acknowledges that CITY may enter into agreements with other organizations for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.5. Conflicts of Interest. During the term of this Agreement, COUNTY shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 2.0. TERM AND NOTIFICATION. 2.1. Term. This Agreement shall commence on the Effective Date and continue for a period of six (6)months, unless the Agreement is previously terminated as provided for herein. 2.2 Termination. CITY or COUNTY may terminate the services provided under Section 1.1 of this Agreement effective upon written notice to the other party for any reason. 3.0. GENERAL PROVISIONS 3.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing,and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. /// /// /// /// /// /// /// Page 2 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 3.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery,facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO COUNTY: IF TO CITY: Linda Nelson, Assistant to the Director Mickey Valdivia, Director 686 East Mill Street City of San Bernardino San Bernardino, CA 92415 Parks Recreation& Community Services Department 201 North"E" Street, Suite 301 —3rd Floor San Bernardino, CA 92401 3.3. Attorneys' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 3.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 3.5. Assignment: COUNTY shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of COUNTY's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release COUNTY of COUNTY's obligation to perform all other obligations to be performed by COUNTY hereunder for the term of this Agreement. 3.6. Indemnification and Hold Harmless. COUNTY shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions,penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including,but not limited Page 3 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO • 2014-83 to, all civil claims or workers' compensation claims arising from or in any way related to COUNTY's performance under this Agreement, except when caused solely by the CITY's negligence. 3.7. Independent Contractor. COUNTY, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. COUNTY shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for COUNTY and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither COUNTY nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of COUNTY and its officers', agents' and employees'work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and COUNTY. 3.8 Conflict of Interest Disclosure: COUNTY or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. COUNTY shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 3.9. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and COUNTY and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 3.10. Headings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 3.11. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 3.12. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Page 4 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO • 2014-83 Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 3.13. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 3.14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 3.15. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 3.16 Intellectual Property. The parties agree that all plans, designs, models, manuals, methods and other materials developed on behalf of the CITY, during the term of this agreement, becomes the immediate property of the CITY. /// /// /// /// /// /// /// /// /// /// Page 5of13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO • • 2014-83 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO A Municipal Corporation A Governmental Entity DATE: e2//y DATE: ,5^/3— iLI Afr Allen '• er, Linda Nelson, City Manager Assistant to the Director APPROVED AS TO FORM: GARY D. SAENZ, City Attorney Page 6 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO • 2014-83 EXHIBIT A Page 7 of 13 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 Dear Host Agency Applicant, Thank you for your interest in becoming a Host Agency with the Senior Communities Service Employment Program(SCSEP). I am enclosing the following for your review,completion and submittal; 1. Application to be a Host Agency• This form must be completed and returned before you can become eligible to be a Host Agency with the SCSEP. When we are able to enroll a participant from your area,or are seeking a new placement for a current participant,your application will be evaluated along with other Host Agency applications from your area to determine the best placement for the participant. There are two basic criteria for evaluation: I.The quality of the training to be provided,and 2.The commitment made by the agency to either hire the participant or help them to otherwise obtain unsubsidized employment. If private.non-profit.you must attach a cony of your 501c3 document. If a faith-based organization please attach a letter/memo addressing section three on page 2 of the application. 2. Supervisor's Non-Federal In-Kind Contribution Report This form must be completed and returned in order to establish a dollar value for the time the supervisor will spend in direct supervision and training of the participant placed witli yofir agency. This information is necessary to show a local,in-kind match in order to receive the federal grant funds. The information supplied will be kept confidential. Actual supervision time is reported on the participant's time sheets. Generally about 15%of participant paid hours. 3. Host Agency Agreement This form is enclosed for your thorough review and signature. It is important that you understand the expectations of our program and that you agree to adhere to these expectations. Please make certain this is returned with the application. 4. Training Assignment Description(aka: Job Description) This form when filled out completely,will help us determine the applicant most suited for your needs. If you have more that one type of position to fill either request we send you additional forms or feel free to make copies of this blank form. I cannot, at this time,tell you how long it may be before we find the appropriate person to place at your agency. It could be weeks or months,and it depends on matching applicant from your area with the type of training you can provide. Please return completed packet tome at 686 East Mill Street,San Bernardino, CA 92415-0640. If you have questions you may call my office at 909-891-3913. Sincerely, 7/‘176(64)7q Linda Nelson Assistant to the Director DAAS rage 8OtIi VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 San Bernardino County Depa,:menr of Aging&Adult Servitor SENIOR COMMUNITIES SERVICE EMPLOYMENT PROGRAM Application to be a Host Agency Name of Agency: Address: Telephone: FAX: Contact Person: Title: Are you a: ❑ Government Agency Q Private,non-profit? If private attach copy of 501c3. Are you a Faith Based organization? [] Yes Q No If yes see page 2 f r added instructions. Do you receive United Way Funding? 0 Yes ONo Federal Employer Identification Number(FEIN) (The Department of Labor now requires that we enter the FEIN number in our database so this is very important.) Training I. What is the occupation in which you will train the participant assigned to you?. 2. Approximately how long should it take to train the participant for this occupation? months. 3. Name and title of the person who will be training the participant 4. Describe in detail the training that will be provided: • COMPLETE THE BACK SIDE,SIGN AND DATE Page 1 of 2 rage 9 of Is VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 San Bernardino County Department of Aging&Adult Services SENIOR COMMUNITIES SERVICE EMPLOYMENT PROGRAM Supervisor's Non-Federal In-Kind Contribution CONFIDENTIAL, CONFIDENTIAL The following information is required so that a dollar value can be assigned to the amount of time a supervisor spends in direct supervision or training of a SCSEP Participant. The information supplied on this form will be kept confidential,and will only be seen by those SCSEP staff involved in computing and reporting the SCSEP's Non-federal in-kind contributions,and the staff persons of funding agencies(CDA)who monitor or audit this information. Name of Agency: Address of Agency: Agency Federal Employer Identification Number(FEIN): Name and Title of Supervisor: 1. Dollar value of one hour of supervisor's time=$ The dollar value of one hour of supervisor's time would include the supervisor's hourly wage plus the hourly value of any fringe benefits received by the supervisor, The hourly value of a monthly benefit package can be computed by dividing the monthly value of the benefit package by the average number of work hours in a month. (A person working forty hours per week works 2080 hours per year,or an average of 173.33 hours per month.) For instance, a supervisor who is paid$10.00 per hour,and receives a benefit package worth$200.00 per month,should enter $11.15 as the hourly value of their time to reflect a 510.00 per hour wage plus benefits that are worth$1.15 per hour ($200/173.33). 2. Percent of supervisor's salary&fringes paid for with direct federal grant funds= Enter the percent of supervisor's salary&fringes that are paid for directly by the federal government or with direct federal grant funds. If the supervisor's position h funded entirely with direct federal grants enter 100%.If None of the supervisor's salary&fringes are paid forwith direct federal grant funds enter 0%. If the supervisor's position is funded from a variety of sources estimate what percentage is covered by federal funds. For instance,a nutrition site supervisor whose position is funded by both the contributions of the nutrition site participants and by federal grant funds should enter the percentage that is funded by federal grants. Please note that Community Service Block Grant(CSBG)funds are not considered federal grant funds for this purpose. I certify that the above information is true and accurate to the best of my knowledge. I agree to inform the SCSEP of any changes in the above information. Signature: Date: In-Kind 05-05-10 Page 1 of 1 rage ID of IS VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM DEAPRTMENT OF AGING AND ADULT SERVICES(DAAS) 1. The Host Agency shall assist and encourage the Participant in seeking and obtaining unsubsidized employment including,but not limited to, recognition that the Participant will use authorized time far appropriate job search activities.The Host Agency acknowledges that the Participant shalt engage in job search activities concurrently while they are assigned to the Host Agency for training. 2. The Host Agency shall work with SCSEP to assist the Participant in his/her personal development.Personal development may include meeting with SCSEP staff at the site,or in a meeting,to be assessed and/or to develop an Individual Development Plan.The Host Agency understands that the Participant will use authorized time to attend regular meetings of program participants,SCSEP workshops that provide training in goal setting,job search,and related topics,and/or to attend skills classes identified as appropriate for the Participant's training. 3. The Host Agency shall consider the Participant for all job openings for which the Participant is qualified.The Host Agency shall hire the Participant,subject to the Host Agency's personnel procedures,into a position for which the Participant is qualified if and when possible. Failure to consider the Participant for an appropriate opening will result in termination of this agreement 4. The Host Agency shall recognize that the Participant is assigned to a temporary training position designed to prepare the Participant for unsubsidized employment that SCSEP may transfer the participant at any time to another site to enable the participant to receive different training,and that such a transfer is likely when the Participant has completed training with the Host Agency. S. The Host Agency shall provide adequate supervision of the Participant,and shall provide orientation and necessary training concerning the Host Agency,its activities and the Participant's day-to-day responsibilities. 6. The Host Agency shall provide a copy of the Participant's Training Assignment Description to the Participant and to SCSEP.The Host Agency shall not change the participant's duties or working conditions without first updating the Tmining Assignment Description. 7. The Host Agency shall provide a safe and sanitary training environment and training condit ions,and shall give the Participant any necessary safety instruction,and shall report any accidents immediately to SCSEP staff. & The Participant shall work with the Host Agency Supervisor to provide SCSE1'with an accurate Time and Attendance(T&A)record on the Participant by the time requested for every pay period. 9. The Host Agency Shall complete and return in a timely manner any reports,evaluations,etc requested by SCSEP which will include,but not be limited to,quarterly evaluations of the Participant 10. The Host Agency shall report to SCSEP the value of the supervisor's time and what percentage of the supervisor's compensation is paid for with federal funds.The Host Agency shall report,on each pay period's Time&Attendance Report(t&A),the amount of time spent in direct supervision or training of the Participant 11. The Host Agency shall assure that the Participant only works the total number of hours authorized by SCSEP,and will refrain from requiring the Participant to work over-time or volunteer hours. 12. The Host Agency shall not displace any employee or volunteer with the Participant,nor assign the Participant to perform the tasks of an employee on layoff,nor replace a non-SCSEP federally funded position with the Participant. 13. The Host Agency shall not discriminate on the basis of race,color,religion,sex,national origin,handicap,age,political affiliation or opinion,or ancestry. 14. The Host Agency shall have the Participant's immediate supervisor attend an annual meeting of Host Agency supervisors as scheduled by the SCSEP Staff.Failure of the Host Agency to be represented at such a meeting will result in termination of the agreement 15. The Host Agency shall ensure that the Participant does not engage in any partisan or non-partisan political activity,or work to promote a specific religious belief,during work time paid for by SCSEP. 16. The Host Agency shall enforce the provisions of the Drug-Free Workplace Act of 1988. 17. The Host Agency shall follow all procedures set forth in the SCSEP Training Site Supervisor's Handbook for any information regarding the program and the participants. rage 11 of 1s VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM DEPARTMENT OF AGING&ADULT SERVICES Training Assignment Description(TAD) p CDA Host Agency: Host Agency Phone Participant's Name: Participant's PositionTitle: Description of Tasks/Duties and training to be provided: Physical Limitations: No,lifting in excess of 15# (unless if specified by Doctor). No driving Host Agency vehicles on public roads. Participant's TraininglWork Schedule: Hours []Mon. [J Tue. ❑Wed. ❑Thu. []Fri. (Between 8:00 a.m.&5:00 p.m.) a.m. p.m. Participants are not permitted to be in trainiug/vvorking on Saturday or Sunday. I understand that any training performed on days or hours not within the scope of this schedule will not be considered as training time,and will not be paid without prior approval from the Senior Community Service Employment Program office. Signature of Training Site Supervisor Date Signature of Participant Date Local SCSEP Office(City) TAD 11-16-09 Page 12 of 1s VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO 2014-83 Older Americans Work! NATIONAL EMPLOY OLDER WORKERS WEEK -; mil! � r4 s 5,,, a f ;; f /ter. THE CHANGING WORKFORCE Older workers are by far the fastest-growing sector of the American workforce. "Retirement" is quickly becoming an outdated term as Americans live and work longer. Employers are beginning to recognize the value in tapping this talent pool and leveraging the skills and experience of mature workers. According to Manpower Inc.,employers who develop specific recruitment and retention strategies for older workers will reap big benefits. WHY HIRE AN OLDER WORKER? Older Americans possess many characteristics that are attractive to employers.Research shows that older workers are more motivated to exceed expectations than younger workers. In a survey of human resource professionals, 68% of respondents considered older workers to be more reliable employees. Respondents also cited older workers' strong work ethic, flexible schedules,and mentoring younger workers as positive attributes. • HOW SCSEP CAN HELP EMPLOYERS Administered by the Department of Labor, the Senior Community Service Employment Program (SCSEP) has helped older workers find productive jobs for over 45 years. SCSEP works with more than 70,000 older workers each year to help them build the job skills employers need.Our program can provide you with the employees you need to be competitive. For more information, call 1-877-US2-JOBS (TTY: 1-877-889-5627), or visit us online at. www.doleta.gov/seniors or http://olderworkers.workforce3one.org. rage Ii of Ii VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO