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HomeMy WebLinkAbout11- Parks, Recreation & community Service CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: RESOLUTION OF THE CITY OF SAN From: ANNIE F. RAMOS, DIRECTOR BERNARDINO AUTHORIZING THE Dept: PARKS, RECREATION & COMMUNITY SERVICES DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AND Date: SEPTEMBER 10, 1997 AGREEMENT OF AFFILIATION WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE OLDER ADULT CONTINUING EDUCATION CLASSES AT SENIOR CENTERS AND COMMUNITY CENTER FACILITIES OPERATED BY THE DEPARTMENT. Synopsis of Previous Council Action: None p z ! Recommended Motion: Adopt the Resolution Signature Contact person: JOHN A. KRAMER Phone: 5031 Supporting data attached: Staff Report, Letter of Request & Application Ward: FUNDING REQUIREMENTS: Amount: NIA Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Res 97- .51G' Agenda Item No. �� CIT`� OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS,RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT OF AFFILIATION WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE OLDER ADULT CONTINUING EDUCATION CLASSES AT SENIOR CENTERS AND COMMUNITY CENTER FACILITIES OPERATED BY THE DEPARTMENT. The Parks, Recreation and Community Services Department is always searching and researching avenues to provide varied programming opportunities to our citizenry. This particular programming opportunity is being provided by the San Bernardino Adult Schools Program branch of the San Bernardino City Unified School District. The program would provide free instructors, materials, and equipment to establish continuing education classes for older adults. These classes would be offered free of charge to older adults. The locations for these classes are City-owned, department-operated senior centers and neighborhood community centers. It is envisioned that classes would be scheduled during normal operational hours thus incurring no costs to the city. tjg 9/11/97 older adult cont ed classes SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North"F" Street San Bernardino CA 92410 AGREEMENT FOR USE OF FACILITIES THIS AGREEMENT is made and entered into this 6th day of October, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," and PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as the "ORGANIZATION." RECITALS: WHEREAS, the DISTRICT is in need of a facility for the conduct of Older Adults classes; and WHEREAS, the ORGANIZATION has suitable facilities which it is willing to make available for the DISTRICT's use; NOW, THEREFORE, the DISTRICT and the ORGANIZATION mutually agree as follows: 1. Term of Agreement This Agreement shall be for a period beginning October 6, 1997, through June 30, 1998. 2. Description of ORGANIZATION Facilities The ORGANIZATION's Administrative office is located at: 547 N. Sierra Way, San Bernardino CA. The organization's facilities listed below have been deemed appropriate for San Bernardino City Unified School District older Adult classes: Fifth Street Senior Center 600 West Fifth Street Perris Hill Park Senior Center 780 East 21st Street Public Enterprise Building 1505 West Highland Ave. Rudy Hernandez Community Center 222 North Lugo Lytle Creek Community Center 380 South E Street Nicholson Community Center 2750 West Second Street At its facilities the ORGANIZATION will provide classrooms with suitable temperature control and classroom furniture and equipment such as chairs, tables, bulletin board, etc. The ORGANIZATION will also provide adequate parking, access to a drinking fountain, and adequate restroom facilities. The District agrees to supplement ORGANIZATION classroom furniture with additional District owned furniture and equipment to support the instructional program for the duration that the Adult School provide instructional programs. 1 3. Provisions of Use a. 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 with the approval of the ORGANIZATION. The DISTRICT shall advise the ORGANIZATION in advance of the class schedule. b. ORGANIZATION personnel will be responsible for locking and unlocking facilities and will be on site or accessible by phone in case of emergencies. C. The ORGANIZATION will be responsible for the internal security of its building and for assuring that the rooms surrounding the classroom area are secured from access by DISTRICT students and staff. d. The ORGANIZATION will provide DISTRICT staff with access to a phone for emergency purposes. e. During the times when classes are in session, the DISTRICT may post a sign stating that an Adult School class is held at the ORGANIZATION location. £ Adult student behavior is required to conform to the standards and rules of the Adult School. Adult students whose behavior does not conform will be asked to leave the ORGANIZATION premises. 4. Financial Provisions There shall be no financial or in-kind enumeration to or from either party. Students will not be charged any registration or enrollment fees. 5. Cancellation of Agreement Either party shall have the right to cancel this Agreement and may do so by giving written notice to the other party of its intention to cancel thirty (30) days in advance of the effective date of the cancellation. 6. Hold Harmless The ORGANIZATION and the DISTRICT each shall, at its own cost, defend, indemnify and hold harmless the other party, its officers, agents, employees, assigns, and successors in interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs including attorney's fees and expenses, or any of them, resulting from the death or injury to any person or damage to property, including property and personnel of the indemnified party, to the extent caused by the negligent acts or omissions of the indemnifying party, its employees, subcontractors or subcontractors' personnel, or any of them, or arising out of the performance or non-performance of the indemnifying party's or its subcontractor's obligations pursuant to this Agreement, provided, however, that notwithstanding the foregoing, neither party shall be liable to the other for such other party's special, indirect, incidental or consequential damages. 7. Insurance a. The DISTRICT and the ORGANIZATION each shall, at its own cost, obtain and keep in effect, during the term of this Agreement or any extension thereof, a policy of comprehensive general liability and property damage insurance with the single limit of not less than$1,000,000.00. Said policies shall not be subject to change or cancellation without thirty(30) days prior notice to the other party under this Agreement. The DISTRICT and the ORGANIZATION each shall furnish to the other satisfactory evidence of such liability insurance coverage. Proof of organizations self insurance for $1,000,000 shall be deemed satisfactory compliance for this paragraph. b. The DISTRICT and the ORGANIZATION each shall provide worker's compensation insurance or self-insure its obligations for worker's compensation coverage, as required or permitted by law, for its officers, members, volunteers, employees, and contractors, in an amount and form to meet all applicable _ requirements of the Labor Code of the State of California. 8. Special Provisions a. The DISTRICT and the ORGANIZATION each certify they will not discriminate on the basis of race, color, national origin, ancestry, sex (including sexual harassment), marital status, handicap, disability, medical condition, religion, or age in any of its policies, procedures, or practices in compliance with: -4 Title VI and VII of the Civil Rights Act of 1964 as amended (pertaining to race, color, national origin, and religion). -4 Title IX of the Education Amendments of 1972 (pertaining to sex). -� Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap). -4 The Age Discrimination Act of 1975 (pertaining to age). -4 The Fair Emklovment and Housing Act of 1980. (pertaining to ancestry, race, national origin, color, sex, religion, physical handicap, medical condition, marital status, and age). -4 The Americans with Disabilities Act of 1990 (pertaining to disability). 3 This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICT's programs and activities. b. This Agreement shall not be assignable. C. This Agreement may be amended by the mutual written consent of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. PARKS, RECREATION & COMMUNITY SAN BERNARDINO CITY SERVICES DEPARTMENT UNIFIED SCHOOL DISTRICT ANNIE F. RAMOS JUDY WHITE Director Assistant Superintendent Youth Services D,gtP' DgtP' 4 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North"F" Street San Bernardino CA 92410 AGREEMENT FOR USE OF FACILITIES THIS AGREEMENT is made and entered into this 6th day of October, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," and PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as the "ORGANIZATION." RECITALS: WHEREAS, the DISTRICT is in need of a facility for the conduct of Older Adults classes; and WHEREAS, the ORGANIZATION has suitable facilities which it is willing to make available for the DISTRICT's use; NOW, THEREFORE, the DISTRICT and the ORGANIZATION mutually agree as follows: 1. Term of Agreement i This Agreement shall be for a period beginning October 6, 1997. through June 30, 1998. 2. Description of ORGANIZATION Facilities The ORGANIZATION's Administrative office is located at: 547 N. Sierra Way, San Bernardino CA. The organization's facilities listed below have been deemed appropriate for San Bernardino City Unified School District older Adult classes: Fifth Street Senior Center 600 West Fifth Street Perris Hill Park Senior Center 780 East 21st Street Public Enterprise Building 1505 West Highland Ave. Rudy Hernandez Community Center 222 North Lugo Lytle Creek Community Center 380 South E Street Nicholson Community Center 2750 West Second Street At its facilities the ORGANIZATION will provide classrooms with suitable temperature control and classroom furniture and equipment such as chairs, tables, bulletin board, etc. The ORGANIZATION will also provide adequate parking, access to a drinking fountain, and adequate restroom facilities. The District agrees to supplement ORGANIZATION classroom furniture with additional District owned furniture and equipment to support the instructional program for the duration that the Adult School provide instructional programs. 1 3. Provisions of Use a. 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 with the approval of the ORGANIZATION. The DISTRICT shall advise the ORGANIZATION in advance of the class schedule. b. ORGANIZATION personnel will be responsible for locking and unlocking facilities and will be on site or accessible by phone in case of emergencies. C. The ORGANIZATION will be responsible for the internal security of its building and for assuring that the rooms surrounding the classroom area are secured from access by DISTRICT students and staff. d. The ORGANIZATION will provide DISTRICT staff with access to a phone for emergency purposes. e. During the times when classes are in session, the DISTRICT may post a sign stating that an Adult School class is held at the ORGANIZATION location. f Adult student behavior is required to conform to the standards and rules of the Adult School. Adult students whose behavior does not conform will be asked to leave the ORGANIZATION premises. 4. Financial Provisions There shall be no financial or in-kind enumeration to or from either party. Students will not be charged any registration or enrollment fees. 5. Cancellation of Agreement Either party shall have the right to cancel this Agreement and may do so by giving written notice to the other party of its intention to cancel thirty (30) days in advance of the effective date of the cancellation. 6. Hold Harmless The ORGANIZATION and the DISTRICT each shall, at its own cost, defend, indemnify and hold harmless the other party, its officers, agents, employees, assigns, and successors in interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs including attorney's fees and expenses, or any of them, resulting from the death or injury to any person or damage to property, including property and personnel of the indemnified party, to the extent caused by the negligent acts or omissions of the indemnifying party, its employees, subcontractors or subcontractors' I personnel, or any of them, or arising out of the performance or non-performance of the indemnifying party's or its subcontractor's obligations pursuant to this Agreement, provided, however, that notwithstanding the foregoing, neither party shall be liable to the other for such other party's special, indirect, incidental or consequential damages. 7. Insurance a. The DISTRICT and the ORGANIZATION each shall, at its own cost, obtain and keep in effect, during the term of this Agreement or any extension thereof, a policy of comprehensive general liability and property damage insurance with the single limit of not less than $1,000,000.00. Said policies shall not be subject to change or cancellation without thirty(30) days prior notice to the other party under this Agreement. The DISTRICT and the ORGANIZATION each shall furnish to the other satisfactory evidence of such liability insurance coverage. Proof of organizations self insurance for $1,000,000 shall be deemed satisfactory compliance for this paragraph. b. The DISTRICT and the ORGANIZATION each shall provide worker's compensation insurance or self-insure its obligations for worker's compensation coverage, as required or permitted by law, for its officers, members, volunteers, employees, and contractors, in an amount and form to meet all applicable requirements of the Labor Code of the State of California. 8. Special Provisions a. The DISTRICT and the ORGANIZATION each certify they will not discriminate on the basis of race, color, national origin, ancestry, sex(including sexual harassment), marital status, handicap, disability, medical condition, religion, or age in any of its policies, procedures, or practices in compliance with: 4 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). -4 The Age Discrimination Act of 1975 (pertaining to age). 4 The Fair Employment and Housing Act of 1980. (pertaining to ancestry, race, national origin, color, sex, religion, physical handicap, medical condition, marital status, and age). -4 The Americans with Disabilities Act of 1990 (pertaining to disability). 3 This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICT's programs and activities. b. This Agreement shall not be assignable. C. This Agreement may be amended by the mutual written consent of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. PARKS, RECREATION & COMMUNITY SAN BERNARDINO CITY SERVICES DEPARTMENT UNIFIED SCHOOL DISTRICT ANNIE F. RAMOS JUDY WHITE Director Assistant Superintendent Youth Services Dste. lute. 10'"% 4 CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT INTER-OFFICE MEMORANDUM TO: FRED WILSON, CITY ADMINISTRATOR FROM: JOHN A. KRAMER, RECREATION SUPERINTENDENT SUBJECT: S .B . C.U.S.D. ADULT SCHOOLS AGREEMENT DATE: October 6, 1997 COPIES : Annie F. Ramos, Director of Parks, Recreation and Community Services Department Today' s earlier inquires regarding funding sources and allocation of funds in support of the establishment of Adult Schools at city facilities have been addressed with the S.B.C.U.S.D. The district is funding this proposed program through the standard reimbursement allocated by the State of California for student average daily attendance (A.D.A. ) . The district has not set aside any funds to support the rental of facilities to be utilized for this program. District funding has been budgeted to such areas as equipment, (furniture, computers, tools) , program publicity, and recruiting, hiring, and retaining of credentialed instructors . It should be noted that the classes will be targeted for the main business hours of the senior centers . As a consequence, there will be little if any cost to the city to bring these classes to the senior citizens . JoS am Sunt t�ofRecreation Enterers into Record at Uo Xmy0evCms Mtg: r,; rr da Item JAK: j j City ClerkICDC Secy rec/memo City of r7n,, r?^t-nnrd:nn