HomeMy WebLinkAbout19-Parks & Rec
-,
From: Lemuel P. Randolph, Director
Subject:
RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR
OR HER DESIGNEE TO EXECUTE SECOND
AMENDMENT TO EXTEND THE AGREEMENT
FOR USE OF FACILITIES (ADULT SCHOOL)
BETWEEN THE CITY OF SAN BERNARDINO
AND THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT.
Dept: Parks, Recreation & Community
Services Dept.
Date: December 21, 2005
ORIGINAL
MCtC Meeting Date: January 9, 2006
Synopsis of Previous Council Action:
February 21, 2001 - Agreement for Use of Facilities was signed by Director of Parks, Recreation
and Community Services for the period of July I, 2000 through July I, 2001.
AprilS, 2001 - Amendment No.1 to the Agreement for Use of Facilities was signed by Director
of Parks, Recreation and Community Services extending the original agreement through July I,
2005.
Recommended motion:
Adopt Resolution.
k-f#~ ~
Signature
Contact person:
Lemuel Randolph
Phone: 384-5030
Supporting data attached:
Staff report, Reso & Aj1;reement Ward: Citywide
FUNDING REQUIREMENTS:
Amount: NIA
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: _~, d.O({Jb r II
Agenda Item No. 19
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Mayor or her designee to execute Second Amendment to extend the Agreement for Use of
Facilities (Adult School) between the City of San Bernardino and the San Bernardino City
Unified School District.
Backe:round:
In July 2005 the department received Second Amendment to continue the Agreement for Use of
Facilities between the Parks, Recreation and Community Services Department and the San
Bernardino City Unified School District. In previous years, the Department Director executed
such contracts. At the time of receipt, the school district and city were negotiating an agreement
concerning Caesar Chavez Middle School; therefore, this agreement was held until negotiations
were completed. This item has been released from these negotiations and the department is now
requesting that the council review and make a recommendation on this request.
On February 21, 2001, an Agreement for Use of Facilities (Attachment No.1) was generated by
the San Bernardino City Unified School District to conduct Adult Education classes in the City's
community centers and senior centers free of charge. The Director of Parks, Recreation and
Community Services Department and the San Bernardino Unified School District signed this
agreement for July 1,2000 through July 1, 2001.
On AprilS, 2001, Amendment No.1 to the Agreement for Use of Faci(ities (Attachment No.2)
was signed by the Director of Parks, Recreation and Community Services Department extending
the original Agreement from July 1, 2001 through July 5, 2005. Since the term of this
Amendment is from July 1,2005 through June 30, 2006, the resolution ratifies any action taken
between July 1,2005 through the date that the Second Amendment to the Agreement for Use of
Facilities is executed. The Second Amendment also ratifies both the original agreement and the
First Amendment.
This Second Amendment will allow the school district to continue offering classes at our
recreation sites with no fees to the school district and no cost to the participants. The seniors
benefit greatly from the services offered through the San Bernardino City Unified School District
Adult Schools at the 5th Street Senior Center and Perris Hill Senior Center. These classes have
been proven to be a benefit to the citizens of the City of San Bernardino.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
RESOLUTION NO.
CCQ)~Y
\".,.,~....
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE SECOND AMENDMENT TO EXTEND THE AGREEMENT FOR USE OF
FACILITIES (ADULT SCHOOL) BETWEEN THE CITY OF SAN BERNARDINO AND
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby
execute Second Amendment on behalf of said City, an amended agreement for use of facilities
with the San Bernardino City Unified School District at Parks, Recreation and Community
Service's sites. A copy of said agreement is hereby attached hereto, marked Exhibit "A", and
incorporated herein by reference as fully as though set forth at length.
SECTION 2. The term of Second Amendment to the Agreement for Use of Facilities
.........'
(Adult School) is from July 1, 2005 through June 30, 2006, with automatic one year renewals
unless terminated by either party; therefore, any action taken between July 1, 2005 and the date
that this Amendment to the Agreement is executed is hereby ratified.
SECTION 3. The authorization granted hereunder shall expire and be void and of no
further effect if the Second Amendment is not executed by both parties and returned to the
Office of the City Clerk within 120 days following effective date of the Resolution.
III
III
III
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III
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III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE SECOND AMENDMENT TO EXTEND THE AGREEMENT FOR USE OF
FACILITIES (ADULT SCHOOL) BETWEEN THE CITY OF SAN BERNARDINO AND
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
Meeting, thereof, held on the
vote to wit:
COUNCIL MEMBERS AYES
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
"
JOHNSON
MC CAMMACK
day of
, 2006, by the following
NAYS
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2006.
JUDITH V ALLES, MAYOR
City of San Bernardino
Approved as to form
And Legal content:
JamQS F. PeFlfl1!l11 t:':fJl.<f t.'^- A. Fe... I J.
Ci~' ^tl9J:l1WY S ?/2..ct A.O CO.......Vl ~e..\
"'-
By:PuM-f? cdd/
, .
ATTACHMENT NO. 1
U 1\ IlJ II'J A L
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
"-
AGREEMENT FOR USE OF FAOLITIES
THIS AGREEMENT, made and entered into this 1st day of July, 2000, by and between the SAN
BERNARDINO CITY UMFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT" and the
CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT, hereinafter referred to as the "ORGANIZATION."
R E C I TAL S:
WHEREAS, the DISTRICT is authorized by Education Code Section 5250 I to conduct Adult Education classes;
and WHEREAS, the ORGANIZA nON agrees to allow the DISTRICT to use their facilities for the purpose of
conducting Adult Education Classes;
NOW, THEREFORE, the DISTRICT and the ORGANIZA nON mutually agree as follows:
I. Term of Al!reement
The term of this Agreement shall be for a period beginning July I, 2000, continuing through June 30,
2001.
II.
Description of ORGANIZATION's facilities
"-
The ORGANIZA nON's administrative facilities are located at: 547 North Sierra Way, San
Bernardino, CA 92410. The ORGANIZA nON's community facilities may include the use of the
following sites:
Delman Heights Community Center
Fifth Street Senior Center
Lytle Creek Community Center
Mill Community Center
Nicholson Community Center
Perris Hill Park Senior Center
Public Enterprise Building
Ruben Campos Community Center
Rudy Hernandez Community Center
2669 North Flores Street
600 West Fifth Street
380 South "E" Street
503 South "E" Street
2750 West Second Street
780 East 21~ Street
1505 West Highland Ave.
1717 West Fifth Street
222 North Lugo
The ORGANIZA nON agrees to provide their facilities with suitable temperature control and
classroom furniture and equipment such as chairs, tables, bulletin board, etc. The ORGANIZA nON
also agrees to make available adequate parking, access to a drinking fountain, and adequate restroom
facilities. The DISTRICT may supplement the ORGANlZA nON's classroom furniture with
additional DISTRICT owned furniture and equipment to support the instructional programs for the
duration of the DISTRICT's Adult School classes.
III.
ORGANIZATION Responsibilities
\""...,
A The ORGANIZA nON's personnel will be responsible for locking and unlocking the facilities and
will remain on site or accessible by phone in .case of emergency.
1
B. The ORGANIZATION will be responsible for internal security of its classroom areas and
surrounding buildings. Security is to ensure access by DISTRICT staff and students to appropriate
classroom areas only as well as for the personal safety of DISTRICT staff and students.
.........
C. The ORGANIZATION agrees to provide DISTRICT staffwith access to a telephone for emergency
purposes.
D. The ORGANJZA TION agrees to maintain said facilities in a suitable condition throughout the entire
tenn 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.
IV. DISTRICT Responsibilities
A. The DISTRICT may conduct Adult School Classes, Monday through Saturday, 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 ORGANJZA TION. The DISTRICT shall provide the ORGANIZATION with
a class schedule.
B. During the time classes are in session, the DISTRICT may post SIgns stating that the
ORGANIZA nON's site is the location of certain Adult School classes.
C. DISTRICT Adult School student's behavior is required to confonn 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 to DISTRICT policy.
V.
Financial Provisions
.,,--
Their shall be no financial or in-kind enumeration to or from either party. Adult students will not be
charged any fees to attend these classes.
VI.
Cancellation and/or Amendment Terms
A. Either party shall have the right to cancel this Agreement and may do so by delivering a written
notice to the other party of its intention to cancel at least thirty (30) days in advance of the intended
effective date of cancellation, except that this Agreement shall tenninate immediately, at the
DISTRICT's sole discretion when: I) Required by law in the event of a health/safetylreIated
violation or 2) if, at the sole discretion of the DISTRICT, the classes being provided to the
DISTRICT's students is no longer educationally beneficial or 3) if, community interest is not
sufficient to support the classroom program or 4) if, facilities are not maintained consistent to
DISTRICT standards or needs as originally agreed.
B. This Agreement may be amended by the mutual written consent of the parties hereto.
VII. Hold Harmless
The ORGANIZATION and the DISTRICT each shall, at its own cost, defend, indemnifY and hold
hann1ess 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 perfonnance or non-perfonnance of the indemnifYing
party's or its subcontractor's obligations pursuant to this Agreement, provided, however, that
2
notwithstanding the foregoing, neither party shall be liable to the other for such other party's special,
indirect, incidental or consequential damages.
-
VIII. Insurance Reouirements
A. The ORGANIZATION and the DISTRICT each shall maintain, at its 0'Ml cost, during the life
of this Agreement, or any extension thereof, such public liability and property damage insurance
as will protect the DISTRICT, its officers, agents and employees from any and all claims and
liability for death, injwy, and damage to or loss of property. Such insurance shall at a minimum
consist of a policy of Comprehensive General Liability Insurance with combined single limits
for bodily injwy and property damage of at least $1,000,000.00 per occurrence. The policy .
shall be written by a reliable insurance carrier authorized to do such business in the State of
California and shall name the DISTRICT as an additional insured The ORGANIZATION, at
its O'Ml expense, shall delivec to the DISTRICT for approval, Certificates of Insurance.
B. The DISTRICT and the ORGANIZATION each shall provide Workers' Compensation
insurance or self-insure its obligation for workers' compensation coverage, as required or
permitted by law, for its officers, members, volunteers, employees, and contractors, in an
amount to meet all applicable requirements of the Labor Code of the State of California.
IX. Lenl Compliance and Non-Discrimination
A The ORGANIZATION hereby certifies that it is in compliance with all applicable local, state
and federal health and safety regulations.
B.
The ORGANIZATION hereby certifies that it will not discriminate on the basis of race, color,
national origin, sex (including sexual harassment), handicap (or disability), religion, or age in
any of its policies, procedures, or practices in compliance with:
"'-
. Title VI and VII of the Civil Ri2hts Act of 1964. as amended
(pertaining to race, color, national origin, and religion);
. Title IX of the Education Amendments of 1972
(pertaining to sex);
. Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap); and
. The Al!e Discrimination Act of 1975
(pertaining to age)
. The Fair EmplOYment and Housinl! Act of 1980
(pertaining to ancestry, cace, national origin, color, sex, celigion, physical
handicap, medical condition, marital status, and age); and
. 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 DISTRICT programs and activities.
"'-
3
I
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
OTY OF SAN BERNARDINO
""'" PARKS,RECREATlON&
COMMUNITY SERVICES
~TMENT
(Kj:~~~
ANNIE F. MOS
Director
909-384-5030
SAN BERNARDINO CITY UNIFIED
SCHOOL DlSTRICf
Date: :J- .;2/-t:J/
~v~ry
Assls'tant Superintendent
Business Services Division
909-381-1162
FEB 1 3 2001
Date:
~
'-'
4
ATTACHMENT NO. 2
U r\ '.l'II'JAL
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
"-
AMENDMENT No.1 TO THE USE OF FACILITIES AGREEMENT
THE AGREEMENT dated July 1, 2000, between the SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT, therein referred to as the "DISTRICT," and the CITY OF
SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT, therein referred to as the"ORGANIZA TION," is hereby IE amended eIJective:
March 6, 200 1 I IE amended, in the following manner:
L CHANGES TO AGREEMENT:
(A) o--NI A <OR> ~Paragrapb #1 - A~reement Term is changed to expire on:
June 30, 200~,.
(B) IE"-N/A <OR> 0 Paragrapb #2 - CONSULTANT's Work is changed:
o New Description:
o Duties added/deleted:
'-'
(C) ~N/A <OR> 0 Paragraph #3 - Other Terms is changed:
o New Other Tenns follow:
o Other Tenns added/deleted:
(0) IE"-NI A <OR> 0 Paragrapb #4 - Pavment is changed:
o Amount o-increased/ o-decreased by S
to a NEW TOTAL of S
o Payment frequency is changed to:
Entire Project
o
o
Each one-half
Each one-third
o
o
Each one-fourth
o Other schedule - Specify (monthly invoices not pennitted)
"'-
.......
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IL AMENDMENT CONDITIONS
Any prior Amendment to this Agreement is hereby revoked to the extent it is inconsistent with this
Amendment. All other tenns and conditions of the Agreement shall remain in full forte and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as set forth below.
CITY OF SAN BERNARDINO PARKS,
RECREATION AND COMMUNITY
SERVICES DEPARTMENT
ORGANIZATION
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
/2)(/; 7 - ~,,~{"V'
ANNIE F. RAMOS
Director
909-384-5030
~'~06
A . BAIL
stant Superintendent
Business Services Division
Date: .Lf- S - () I
Date: rEB 2 3 2001
Exhibit "A"
SECOND AMENDMENT TO AGREEMENT FOR USE OF FACILITIES
"'-
This Second Amendment to Agreement for Use of Facilities ("Second Amendment") is
made as of the th day of January, 2006 by and between The City of San Bernardino, a
Municipal Corporation of the State of California, ("City") and the San Bernardino City Unified
School District {"District"), collectively the "Parties" with reference to the following facts:
A. WHEREAS, the Parties previously entered in to an Agreement for use of
Facilities (the "Agreement") dated July 1, 2000. An Amendment No. I (the "First Amendment")
was subsequently entered into by the Parties on March 6, 2001, that extended the term of the
Agreement to June 30, 2005; and
B. WHEREAS, the prior Agreement and First Amendment were not previously
approved by the City's Mayor and Common Council, this Second Amendment is intended to
ratify the Agreement and First Amendment and to amend certain terms of the Agreement, and
C. WHEREAS, the District is authorized by Education Code Section 52501 to
conduct Adult Education Classes; and
D. WHEREAS, the City agrees to allow the District to use their facilities for the
purpose of conducting Adult Education Classes;
....... NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as
follows:
1. Pal!e I. Article I. Term of Al!reement is amended as follows:
'This Agreement shall commence on July 1, 2005 (the "Effective Date") and continue for a
period of one year, ending June 30, 2006, unless previously terminated as provided herein.
This Agreement shall automatically renew for successive one (1) year terms unless earlier
terminated by either party in the manner set forth on Page 2, Article VI."
2. Pal!e 1, Article II. Description of City's facilities is amended as follows:
Delete "Public Enterprise Building, 1505 West Highland Ave."
Add "Norton/Galaxy Ballroom, 1494 Art Townsend Drive"
3.
follows:
Pal!e 3, Article IX. Lel!al Compliance and Non-Discrimination is amended as
Paragraph C. is hereby added to this Article:
,..... Second Amendment to Use of Facilities Agreement
lof3
Exhibit "A"
\.....-
C. By signing this Agreement the City acknowledges receipt and acceptance of the District
policies set forth herein. It is agreed by all parties that the City shall abide by the same terms and
conditions, and 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 individual 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.
1. Smoking and Use of Tobacco at District Facilities (No. 3520)
ll. Affirmative Action Program for Equal Employment Opportunity (No. 4136)
111. Nondiscriminatory Harassment (No. 4136.1)
IV. Drug-Free Workplace (No. 4205).
4. Ratification. The City's Mayor and Common Council hereby ratify both the
Agreement and First Amendment.
5. Amendment Conditions. Except as otherwise set forth herein to the contrary, all
terms and provisions of the Agreement and First Amendment shall remain unamended and in full
force and effect. Any prior Amendment to this Agreement is hereby revoked to the extent it is
inconsistent with this Amendment.
'-
6. Defined Terms. Except as otherwise set forth herein, all defined terms used
herein shall bear the same meaning as set forth in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment
for Use of Facilities as of the date first above written.
CITY OF SAN BERNARDINO,
a Municipal Corporation of the State of California
By:
Judith Valles, Mayor
-.. Second Amendment to Use of Facililies Agreement
20f3
.......
-
Exhibit "A"
SAN BERANDINO CITY UNIFIED SCHOOL DISTRICT
By:
Mohammad Z. Islam
Assistant Superintendent
Business and Finance
APPROVED AS TO LEGAL FORM AND LEGAL CONTENT:
v~
JalR. ,. /..tt8J.u.....f
Sf'''d~r Cc"....H'1
ATTEST:
Rachael Clark, City Clerk
,,",,-~~.., Second Amendment to Use of Facilities Agreement
30f3
ATTACHMENT NO. 1
ORIGINAL
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 924 I 0
"""'""
AGREEMENT FOR USE OF FAOLlTIES
THIS AGREEMENT, made and entered into this 1st day of July, 2000, by and between the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT" and the
CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT, hereinafter referred to as the "ORGANIZATION."
R E C I TAL S:
WHEREAS, the DISTRICT is authorized by Education Code Section 5250 I to conduct Adult Education classes;
and WHEREAS, the ORGANIZA nON agrees to allow the DISTRICT to use their facilities for the pwpose of
conducting Adult Education Classes;
NOW, THEREFORE, the DISTRICT and the ORGANIZA nON mutually agree as follows:
I. Term of Al!reement
The tenn of this Agreement shall be for a period beginning July I, 2000, continuing through June 30,
2001.
II.
Descriotion of ORGANIZATION's facilities
'''->..........
The ORGANIZATION's administrative facilities are located at: 547 North Sierra Way, San
Bernardino, CA 92410. The ORGANIZA nON's community facilities may include the use of the
following sites:
Delman Heights Community Center
Fifth Street Senior Center
Lytle Creek Community Center
Mill Community Center
Nicholson Community Center
Perris Hill Park Senior Center
Public Enterprise Building
Ruben Campos Community Center
Rudy Hernandez Community Center
2669 North Flores Street
600 West Fifth Street
380 South "E" Street
503 South "E" Street
2750 West Second Street
780 East 21" Street
1505 West Highland Ave.
1717 West Fifth Street
222 North Lugo
The ORGANIZA nON agrees to provide their facilities with suitable temperature control and
classroom furniture and equipment such as chairs, tables, bulletin board, etc. The ORGANIZA nON
also agrees to make available adequate parking, access to a drinking fountain, and adequate restroom
facilities. The DISTRICT may supplement the ORGANIZA nON's classroom furniture with
additional DISTRICT owned furniture and equipment to support the instructional programs for the
duration of the DISTRICT's Adult School classes.
III.
ORGANIZATION Resoonsibilities
"""-.,..
A. The ORGANIZA nON's personnel will be responsible for locking and unlocking the facilities and
will remain on site or accessible by phone in case of emergency.
I
"~,
B. The ORGANIZATION will be responsible for internal security of its classroom areas and
surrounding buildings. Security is to ensure access by DISTRICT staff and students to appropriate
classroom areas only as well as for the personal safety of DISTRICT stafIand students.
C. The ORGANIZATION agrees to provide DISTRICT staff with access to a telephone for emergency
pwposes.
D. The ORGANIZATION 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.
IV. DISTRICT Resnonsibilities
v.
-
VI.
VII.
''''".......
A. The DISTRICT may conduct Adult School Classes, Monday through Saturday, 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 ORGANIZATION. The DISTRICT shall provide the ORGANIZATION with
a class schedule.
B. During the time classes are in session, the DISTRICT may post Signs stating that the
ORGANIZATION's site is the location of certain Adult School classes.
C. DISTRICT Adult School student's 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 to DISTRICT policy.
Financial Provisions
Their shall be no financial or in-kind enwneration to or from either party. Adult students will not be
charged any fees to attend these classes.
Cancellation and/or Amendment Terms
A. Either party shall have the right to cancel this Agreement and may do so by delivering a written
notice to the other party of its intention to cancel at least thirty (30) days in advance of the intended
effective date of cancellation, except that this Agreement shall terminate immediately, at the
DISTRICT's sole discretiOli when: I) Required by law in the event of a healthlsafety/related
violation or 2) if, at the sole discretion of the DISTRICT, the classes being provided to the
DISTRICT's students is no longer educationally beneficial or 3) if, community interest is not
sufficient to support the classroom program or 4) if, facilities are not maintained consistent to
DISTRICT standards or needs as originally agreed.
B. This Agreement may be amended by the mutual written consent of the parties hereto.
Hold Harmless
The ORGANIZATION and the DISTRICT each shall, at its own cost, defend, indemnifY and hold
hannless 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
2
notwithstanding the foregoing, neither party shall be liable to the other for such other party's special,
indirect, incirlental or consequential damages.
""-~
VIII, Insurance Requirements
A. The ORGANIZATION and the DISTRICT each shall maintain, at its 0'Ml cost, during the life
of this Agreement, or any extension thereof, such public liability and property damage insurance
as will protect the DISTRICT, its officers, agents and employees from any and all claims and
liability for death, injury, and damage to or loss of property. Such insurance shall at a minimmn
consist of a policy of Comprehensive General Liability Insurance with combined single limits
for bodily injury and property damage of at least $1,000,000.00 per occurrence. The policy
shall be written by a reliable insurance carrier authorized to do such business in the State of
California and shall name the DISTRICT as an additional insured. The ORGANIZATION, at
its own expense, shall deliver to the DISTRICT for approval, Certificates of Insurance.
B. The DISTRICT and the ORGANIZATION each shall provide Workers' Compensation
insurance or self-insure its obligation for workers' compensation coverage, as required or
pennitted by law, for its officers, members, volunteers, employees, and contractors, in an
amount to meet all applicable requirements of the Labor Code of the State of California.
IX. Lel!al Comoliance and Non-Discrimination
A The ORGANIZATION hereby certifies that it is in compliance with all applicable local, state
and federal health and safety regulations.
B.
The ORGANIZATION hereby certifies that it will not discriminate on the basis of race, color,
national origin, sex (including sexual harassment), handicap (or disability), religion, or age in
any of its policies, procedures, or practices in compliance with:
-
. Title VI and VII of the Civil RilZhts Act of 1964. as amended
(pertaining to race, color, national origin, and religion);
. Title IX of the Education Amendments of 1972
(pertaining to sex);
. Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap); and
. The Al!e Discrimination Act of 1975
(pertaining to age)
. The Fair Emolovment and Housinl! Act of 1980
(pertaining to ancestry, race, national origin, color, sex, religion, physical
handicap, medical condition, marital status, and age); and
. The Americans with Disabilities Act of 1990
(pertaining to disability)
This non-discrirnination policy covers admission and access to, and treatment and employment
in, all DISTRICT programs and activities.
....,,~,.,
3
')
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
........... CITY OF SAN BERNARDINO
PARKS, RECREATION &
COMMUNITY SERVICES
~TMENT
U~I:~~~
ANNIE F. MOS
Director
909-384-5030
SAN BERNARDINO OTY UNIFIED
SCHOOL DISTRICT
Date: :J- .;2/-C'/
~vary
AmStant Superintendent
Business Services Division
909-381-1162
FEB 1 3 2001
Date:
.......
--.,;>""
4
ATTACHMENT NO. 2
ORIGINAL
"'.""
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
AMENDMENT No.1 TO THE USE OF FACILITIES AGREEMENT
THE AGREEMENT dated July 1,2000, between the SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT, therein referred to as the "DISTRICT," and the CITY OF
SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT, therein referred to as the"ORGANIZA nON," is hereby IE amended effective:
March 6, 200 I I IE amended. in the following manner:
L CHANGES TO AGREEMENT:
(A) o--NI A <OR> ~Paragraph #1 - A..reement Term is changed to expire on:
June 30, 200~,.
(B) Qlt-N/A <OR> 0 Paragraph #/2 - CONSULTANT's Work is changed:
o New Description:
o Duties addedldeleled:
'-if
(C) Qlt-N/A <OR> 0 Paragraph #/3 - Other Terms is changed:
o New Other Terms follow:
o Other Terms added/deleted:
(0) Qlt-NI A <OR> 0 Paragraph 114 - Pavment is changed:
o Amount o-increased/ Qdecreased by $
to a NEW TOTAL oU
o I'ayment frequency is changed to:
Entire Project
Each one-half
o
o
Each one-third
o
o
Each one-fourth
o Other schedule - Specify (monthly invoices not permitted)
"'-"
-.
IL AMENDMENT CONDITIONS
_.
Any prior Amendment to this Agreement is hereby revoked to the extent it is inconsistent with this
Amendment. All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as set forth below.
CITY OF SAN BERHARDINO PARKS,
RECREATION AND COMMUNITY
SERVICES DEPARTMENT
ORGANIZATION
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
aJt!; 7- --K.,,~{'V"
ANNIE F. RAMOS
Director
909-384-5030
~~~
t Superintendent
Business Services Division
Date: -:f- S - (J /
Date: rES 2 3 2001
-
:"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): t...c1rob
Vote: Ayes b Nays
Item # ~ Resolution #
Abstain
/).{)D0 - { f
Absent j 1
Change to motion to amend original documents 0
NuUIVoid After: days I
Resolution # On Attachments: 0
PUBLISH 0
POST 0
Companion Resolutions
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
\ ,\ 0 I 010
\/\'}--e)o
Date of Clerk/CDC Signature: . \r \ .r ( Ch
Reso. Log Updated: ~
Seal Impressed: ~
Reso. # on Staff Report 0
Date MemolLetter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Yes /'
Yes
Yes
Yes
Yes
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o
~/
o
o
No By
~ -
No_ By_
NO~BY _.
NO~~_~_
No By_
EDA 0
Facilities 0
Finance 0
Fire Department 0
Human Resources 0
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
~/
o
o
o
Notes:
Ready to File:
Revised 12/18103
......l\~jrJtlJJ .." h(00
Date:V~~ I ')
.
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
,.
January 19, 2006
San Bernardino City Unified School District
Mohammad Z. Islam
Assistant Superintendent/Business and Finance
777 North "F" Street
San Bernardino CA 92410
Dear Mr. Islam:
At the Mayor and Common Council meeting of January 9, 2006, the City of San Bernardino
adopted Resolution 2006-11 - Resolution authorizing the Mayor or her designee to execute
Second Amendment to extend the agreement for use of facilities (Adult School) between the City
of San Bernardino and the San Bernardino City Unified School District.
Enclosed are one (1) original agreement and three (3) duplicate original agreements, to be
executed by Mohammad Z. Islam, Assistant Superintendent/Business and Finance. Please sign
in the appropriate locations and return one (1) original and one (1) duplicate original agreement
to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San Bernardino, CA 92402, as
soon as possible. Please keep two (2) duplicate originals for your records.
Please be advised that the resolution and agreement will be null and void if not executed
within one hundred twenty (120) days or by Thursday, May 18,2006.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely, ..</ /{ //:.>
/ /:" /1-.-, ,
~~f~f:;/D
Enclosure
Cc: Lemuel Randolph, Director
Parks, Recreation & Community Development
CITY OF SAN BERNARDINO
ApoPTEP SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
~D C'T'( CI r:J"
RECEIVe. - I, ~~ .'
UNIFIED SCHOOL DISTRICT
200G JAN 26 AM \I: 39 Arturo Delgado, Ed.D.
Superintendent
John A. Peukert. Assistant Superintendent, Facilities/Operations
I I
January 24, 2006
Via USPS
Office of the City Clerk
300 North "D" Street
San Bernardino, CA 92418-0001
Attn: Eileen Gomez
Re: Second Amendment to Agreement for Use of Facilities
Dear Ms. Gomez:
Enclosed are two (2) fully executed originals of the referenced amendment
Please provide proof of current insurance, as referenced in the Agreement
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
~ift.
Contract Analyst
Facilities Management Department
Encls als
cc: L. Davis wi encl
FACILITIES MANAGEMENT DEPARTMENT
777 North F Street. San Bernardino, CA 92410. (909) 381-1238. Fax (909) 885-4218
gregory .humpal@sbcusd.k12.ca.us