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HomeMy WebLinkAbout24- Parks, Recreation & Community Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: RESOLUTION AUTHORIZING THE From: ANNIE F. RAMOS, DIRECTOR DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES Dept: PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN Date: SEPTEMBER 5, 1996 BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE EMMERTON OFF- TRACK PROGRAM FOR THE PERIOD on, OF OCTOBER 1, 1996 THROUGH ' DECEMBER 31, 1996. v C Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. ` r Signature Contact person: JOHN A. KRAMER Phone: 5031 Supporting data attached: Staff Report, Resolution & Agreement Ward: 7 FUNDING REQUIREMENTS: Amount: None Source: (Acct No.) (Acct Description) Finance: Council Notes: A Ito M O Agenda Item No. Res 96- 9/3/96 amt emmerton CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE EMMERTON OFF-TRACK PROGRAM FOR THE PERIOD OF OCTOBER 1, 1996 THROUGH DECEMBER 31, 1996. The Emmerton off-track program is a playground program, operated at the City-owned Emmerton Spirit Building in the Arden-Guthrie neighborhood. The program is intended to serve the children while they are off-track from Emmerton Elementary School. The program operates from 9:00 a.m. to 2:00 p.m. and includes a nutritious meal as part of the department's year-round lunch program as well as recreation activities and enrichment programs. The school district has offered to fund the program from October 1 through December 31, 1996 from their Emmerton School Healthy Start Grant. Alternative funding is being investigated to continue the program in 1997. Cost of the program is $ 700 per month. 9/4/96 amt emmerton COPY AGREEMENT FOR DELEGATION OF ACTIVITIES UNDER EMMERTON HEALTHY START GRANT SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT This agreement entered into as of , 1996, including attached conditions and program guidelines, shall govern all activities of the Emmerton School Collaboration Program, financed by the Healthy Start Grant. Funding period is October 1, 1996 through December 31, 1996. Said activities will be carried out by the CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as "DEPARTMENT", on behalf of the San Bernardino City Unified School District, hereinafter referred to as "DISTRICT." The DISTRICT and the DEPARTMENT agree as follows: 1. WORK TO BE PERFORMED: The DEPARTMENT shall, in a satisfactory manner as determined by the DISTRICT, perform all recreational activities for the Arden-Guthrie Center as a part of the Emmerton School Collaboration, for the period of October 1, 1996 through December 31, 1996. All activities will be held at the Community Spirit Building, Mondays through Fridays, 9:00 a.m. to 2:00 p.m. Activities may be provided during holiday/break periods. Field trips that originate and return to the Community Spirit Building are also permitted. The DEPARTMENT will organize and provide all recreational activities including personnel, supplies and supervision for all these activities. 2. COMPLIANCE WITH THE PROGRAM AS APPROVED: The DEPARTMENT shall conduct the program to comply with funding source's guidelines and requirements, all DISTRICT requirements and directives and any special conditions that may from time to time be requested. If any non- compliance by the DEPARTMENT results in a disallowance of expenditures hereunder and a demand for repayment by funding agency, such repayment and any interest, costs or fines shall be the responsibility of the DEPARTMENT. The DISTRICT agrees to advise the DEPARTMENT on conditions of compliance. 1 1 3. REPORTS, RECORDS AND EVALUATIONS: The DISTRICT shall evaluate and provide guidance and direction under this agreement to the DEPARTMENT in the conduct of activities delegated under this agreement. The DEPARTMENT agrees to submit to the DISTRICT, such reports as may be required by DISTRICT according to, but not limited to the following schedule: a. Finance Reports - Due by January 10, 1997. b. Attendance Reports - Due by January 15, 1997. C. Program Outlines - Due the lst and 15th of each month. The DEPARTMENT agrees that the DISTRICT may carry out monitoring and evaluation activities in the program and will effectively ensure the cooperation of the DEPARTMENT'S employees in such efforts. 4. CHANGES: The DISTRICT may, from time to time, request changes in the scope of the services of the DEPARTMENT to be performed hereunder. Such changes, including any increase or decrease in the amount of the DEPARTMENT'S allocation which are mutually agreed upon by and between the DISTRICT and the DEPARTMENT, must be incorporated in written amendments to this agreement. 5. COMPLIANCE WITH THE LAW: The DEPARTMENT shall comply with all applicable laws, ordinances and codes of the Federal and State Governments and, when there is no conflict with Federal or State Local Laws. 6. FINANCIAL STATEMENT AND OTHER REPORTS: All reports must be submitted on the scheduled time. Failure to comply may result in the withholding of funds. 7. INDEMNIFICATION: The DEPARTMENT agrees to indemnify, defend and hold harmless, the DISTRICT, and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from DEPARTMENT'S acts, errors or omissions and for any costs or expense incurred by the DISTRICT on account of any claim therefore. 2 The DISTRICT agrees to indemnify, defend and hold harmless, the DEPARTMENT and the City of San Bernardino and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from DISTRICT'S acts, errors or omissions and for any costs or expense incurred by the DEPARTMENT or City on account of any claim therefore. 8. SCHEDULE OF PAYMENT: The DISTRICT agrees to pay the DEPARTMENT a flat fee for the provision of all recreational activities hereunder at the rate of $ 700 per month. The DEPARTMENT will submit to the DISTRICT, invoices and documentation of activities provided. On or after December 31, 1996, the DISTRICT will approve or disapprove payment of the invoices. Payment under this program, at the rate of $ 700 per month, is not to exceed $ 2,100. 9. TERMINATION: The DISTRICT may, by giving reasonable written notice specifying the effective date, terminate this agreement in whole or in part for cause which includes: 1. Failure, for any reason, of the DEPARTMENT to fulfill in a timely and proper manner, its obligations under this agreement, including compliance with the approved program and attached conditions, and such statues, Executive Orders, as may become generally applicable at any time. 2. Submission by the DEPARTMENT to DISTRICT of reports that are incorrect or incomplete in any material respect. 3. Ineffective or improper use of funds provided under this agreement. If the DEPARTMENT is unable or unwilling to comply with such additional conditions as may be lawfully applied by DISTRICT, the DEPARTMENT shall terminate the agreement by giving a thirty (30) day written notice to the DISTRICT, signifying the effective date thereof. 10. DISCRIMINATION IN EMPLOYMENT IS PROHIBITED: The DEPARTMENT shall not discriminate against any employee in the performance of this agreement or against any applicant for employment because of race, religion, creed, color, sex, medical condition, disability, marital status, age or national origin. The DEPARTMENT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, sex, medical condition, color, age, disability, marital status or national origin. This recruitment shall 3 apply to, but not limited to the folloxying: employment, upgrading, demotion, transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 11. DISCRIMINATION PROHIBITED: No person in the United States shall, on the grounds of race, religion, creed, color, sex, age medical condition, disability, marital status, or national origin be excluded from participation in, be denied the proceeds of or be subject of discrimination in the performance of this agreement. 12. POLITICAL ACTIVITY PROHIBITED: None of the funds, materials, property or services contributed by the DISTRICT or the DEPARTMENT under this agreement, shall be used in the performance of this agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 13. RELIGIOUS ACTIVITY PROHIBITED: There shall be no religious worship, instruction or proselytizing as part of or in connection with performance of this agreement. IN WITNESS WHEREOF, THE DEPARTMENT and the DISTRICT have executed this agreement of the date first above written. CITY OF SAN BERNARDINO SAN BERNARDINO CITY PARKS, RECREATION AND UNIFIED SCHOOL DISTRICT COMMUNITY SERVICES DEPARTMENT BY: BY: ANNIE F. RAMOS, DIRECTOR HAROLD L. BORING, Ed. D. PARKS, RECREATION AND ASSISTANT SUPERINTENDENT, COMMUNITY SERVICES ADMINISTRATIVE SERVICES DATE: DATE: 4