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HomeMy WebLinkAbout16-Parks & Recreation I . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Subject: RESOLUTION AUTHORIZING THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER- SCHOOL RECREATION PROGRAMS AT COLE ELEMENTARY SCHOOL. MICC Meeting Date: Sept. 15,2003 Dept: Parks, Recreation and Community Services Dept. Date: September 8, 2000R1G\NAL Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution ~~f/ t/ ignat e Contact person: Walt Bratton Phone: 384-5031 Supporting data attached: Staff reDart Aareement & Resa. Ward: 6th Ward FUNDING REQUIREMENTS: Amount: $45,200 Source: (Accl. No.) 123-746-5444 (Cole Elem. Program) (reimburse fully by school district) (Ar.r.t n""r.rirtion) Finance: Council Notes: Agenda Item No. 9//5/03 , I lto ~ ~'2d':';S- .;l.3; '7 ,. . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution authorizing the Mayor and Common Council of City of San Bernardino or her designee to execute an Agreement with the San Bernardino City Unified School District to provide contractual services for after-school recreation programs at Cole Elementary School. Background: The San Bernardino City Unified School District (SBCUSD) received the 21 sl Century Community Center Learning Grant to develop programs that include organized after-school activities for district students. Under this agreement each school has the flexibility to determine a service provider and specific activities for that schools after-school programs. Staff of the Parks, Recreation and Community Services Department worked cooperatively with the Principal of Cole Elementary School to develop a program geared to the interest of that school. Under this agreement, the City will provide karate lessons, youth sports, and a cheerleading program to students. The cost for services was calculated based on the following information: Youth Karate Class Mon-Wed-Fri 30 Participants at $5.00 40 weeks Total $18.000 Sports Mon-Wed-Fri 15 Participants at $5.00 40 weeks Total $9,000 Supplies: $9,200 (details described below) Triple Threat Flag Football Flags 200 Red Flags @ $ 2.9gea. 200 yellow Flags @ $2.9gea. 20 Rubber Footballs x2y YouthlINT footballs @ $5.5gea. BS-MCXY2YXXX 20 Rubber Footballs x2j Rubber youth footballs @ $4.9gea. BS-MCX2JXXX 20 Official size Football @ 10.99 ea. BS- VCF9SHXX 20 basketballs official Size V oits @ $12.9gea. Cheerleading Mon-Wed-Fri 15 Participants at $5.00 40 weeks Total $9,000 Total $ 598.00 Total $ 598.00 Total $ 111.80 Total $ 99.80 Total $ 219.80 Total $ 259.80 .', , " 20 Basketballs Intermediate Size Voits @ 7.9gea. Total $ 159.80 20 size 4 Mac Gregor Soccer Balls @ $12.9gea. Total $ 259.80 20 size 5 Mac Gregor Soccer Balls @ $12.9gea. Total $ 259.80 Supreme Mats 15 mats 5'x 10 @$249.00ea. BS-I044645 Total $3735.00 Ball equipment bags 10 @6.9gea. Total $ 69.90 Lightweight Scrimmage Vest 60 youth Blue @ $3.99 ea. Lightweight Scrimmage Vest 60 youth green @ $3.99 ea. Total $ 239.40 Total $ 239.40 BS.C46Y Lightweight Scrimmage Vest 60 Adult yellow @ 4.29 ea. Lightweight Scrimmage Vest 60 Adult red @ $4.29 ea. Total $ 257.40 Total $ 257.40 BS.C46 Two Multi sport Tabletop Electronic Scoreboard @ $499.00 ea. Total $ 998.00 BS.MCSB2222 Two Basketball possession Indicators @ 49.99 ea. Total $ 99.98 BS-195816 Supplies Total = $ 8463.08 Sales Tax = gave tax ID number and we do not have to pay Shipping & Handling = $736.92 GRAND TOTAL = $ 9200.00 Balance of ($36,000) includes cost associated with payment of contracted instructors. All fees are paid by the SBCUSD. There is no cost to the students or the City for this program. The services will cover the period beginning August 5, 2003 through June 30, 2004. In order for the SBCUSD to be in compliance with the Prime Time Program Grant, the agreement must be dated August 5, 2003. Financial Impact: These after-school programs are fully funded (not to exceed $45,200) by the City of San Bernardino Unified School District Prime Time Program. Recommendation: Adopt Resolution. e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUt~Q rPY RESOLUTION AUTHORIZING THE MAYOR AND COMMON COUI\'CIL OF CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEl\IEI\'T WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGR.\MS A T COLE ELEMENTARY SCHOOL. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said City an Agreement with City of San Bernardino Unified School District related to the Prime Time Program for the period of August 5, 2003 through June 30, 2004, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTIOI\' 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within one hundred twenty (120) days of the passage of this resolution. III III III Iii III III iil/ .ill /1/ 11 {) IG C;// &3 ,----.- . e e 25 26 27 28 1 2 3 4 5 6 7 RESOLUTION AUTHORIZING THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS A T COLE ELEMENTARY SCHOOL. 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 , 2003, by the following vote, to wit: day of on the 8 Council Members: ABSTAIN ABSENT AYES NAYS 9 10 11 12 13 14 15 ESTRADA LIEN LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON 16 MCCAMMACK 17 18 19 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 20 2003. 21 22 23 24 Judith Valles, Mayor City of San Bernardino Approved as to Fonn and legal content: JAMES F. PENMAN, City Attorney Byer i.P~ e e e COnli"<ICl No. 03/04-116-0 120EF Exhibit "A" San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92410 CITY OF SAN BERNARDINO AGREEMENT FOR PARTICIPATION I:\" THE PRIME TIME PROGRAM - COLE ELEMENTARY SCHOOL THIS AGREEMENT is made and entered into August 5, 2003, by and between the SAN BERl\ARDINO CITY UNIFIED SCHOOL DISTRICT, located at 777 North "F" Street, San Bernardmo, CA 92410, hereinafter referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO by and through the PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT, whose Parks & Recreation office IS located at 547 North Sierra Way, San Bernardino, CA 92410, hereinafter referred to as the "CITY" R E C I TAL S: WHEREAS, the DlSTRlCT, in compliance with the terms of the 21 st Century Community CITY Learning Grant, has developed the Prime Time Program, which has budgeted for selected community CITY s to develop programs that mclude organized after school activities for DISTRICT students; and, WHEREAS, the CITY is a community CITY which WIll be available for students to voluntarily partIcipate in its organized after school activities, with parental consent, andin addition agrees to encourage learnmg and remforce educational skills; and, WHEREAS, the CITY itself is, or those hired by the CITY are experienced and competent to render the servIces required by the DISTRICT, and such servIces will encourage community involvement to enhance student education bettering the community as a whole; and NOW, THEREFORE, the DlSTRlCT and the CITY mutually agree as follows: I. A!!reement Term This Agreement shall be for a period beginning September 17,2003, through June 30, 2004. Upon recommendation of the site to be serviced, Cole Elementary School, the DlSTRlCT shall have the right to change or reduce the level of services to be provided under this Agreement, with thirty (30) days written notice to the CITY. SpecIfic servIces scheduled may be rescheduled upon mutual agreement. Upon a showing of good and sufficient cause by the CITY, the DISTRICT may at its discretion, grant such extensions of time as it may deem advisable in which the CITY may accomplish the results required hereunder; provided, however, the DlSTRlCT shall not be obligated to pay the CITY any addItional consideration if such extension of time has been granted. II. DISTRICT Goals The CITY, in collaboration with the San Bernardmo City Unified School District, will organize after school programs with a vanety of learning experiences involving art, fitness, and sports skills. "After school" is described as any time before or after the students' regular school hours, including summer/intersession periods and weekends. This collaborative effort is hereinafter referred to as the PRIME TIME PROGRAM (PROGRAM). The PROGRAM is sponsored and funded by the 21 st Century Community CITY Learning Grant and therefore is subject to the terms of the grant guidelines. The CITY agrees to conduct their services in compliance with the terms of the grant, since funding is contingent on receipt of the grant funds, failure to do so could result 10 the rejection of any invoices with services or terms that fail to comply. Primetime Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page I 01'7 e e e Contracl]\;o OJ/04~116-0J20EF III. The DISTRICT's goal IS to mcrease test scores, decrease retention rates, and Improve student attendance through a positive relationship, The DISTRICT hopes to achieve this goal with the support of the CITY, A DISTRICT coordmator will oversee the operation of the PROGRAM and will assist the CITY with meeting the expectations of the DISTRlCT, CITY's Work Each community CITY is chosen based on their ability to perform to the standards and needs of the DISTRICT, as solely determmed by the DISTRICT. Criteria involve the CITYs ability to provide, acquire a site or the use of a site, personnel, and services that conform to the needs of the students partiCipating in the PROGRAM, The CITY agrees to encourage students' learning, reinforce skills, and provide extended educational support. The CITY's PROGRAM PROVIDER PROPOSAL, which outlines the CITY's provisions, are attached hereto, and considered a part of this agreement. The CITY is expected to adhere to the terms of their proposal and comply with the terms of the PROGRAM, The DISTRICT's coordinator will assist the CITY when and if adjustments are necessary, Failure to cooperate or achieve goals IS cause for immediate removal from the PROGRAM, If a CITY fails to thrive or be productive in achieving sufficient enrollment, it is at the DISTRICT's sole discretion whether to keep the CITY in the program, A. The CITY will provide youth karate lessons, intramural sports, and cheer leading to students at Cole Elementary School, located at 1331 Cole Avenue, Highland, CA 92346. B. The CITY shall be available to any DISTRlCT student seekmg help and IS available on a voluntary basis, The CITY is not a substitute for the students' educational needs, but rather a place they may voluntarily seek additional help and support. C Students will not be charged for attendance at the CITY, or for any help. D, The CITY shall identIfy at-risk students and cooperate with the DISTRlCT to offer additional help and encouragement to these students, E, The CITY will provide sufficient staff or volunteers to meet the support needed to meet the demand ofDISTRlCT students. The CITY is required to proVide a positive learning atmosphere to encourage students to learn and reinforce their educational skills and strategies. IV. CITY Evaluation The CITY will be subject to the DISTRlCT coordmator site evaluations. Evaluations may be unannounced. The CITY must be available for visitation and/or review of its progress by the coordinator at any time throughout the duration of the grant. The coordmator may inspect the facility, its accommodations, volunteer/employee mteractions with students, or financial records related to the PROGRAM. The CITY shall give recognition to the source of the grant funds and any other support provided by the DISTRICT during the term of the grant. The CITY shall be required to maintain the following records/evaluations to help the coordinator assess progress and achievements in accordance with the PROGRAM's expectatIons: A. Attendance logs are to be kept to measure participatIOn rates. B. Pre and post assessment of activitIes and projects will be monitored, evaluated, and summarized. Pflmcllme Agreement: City of San Bemardino Parks, Recreation, & Community Svcs-Cole Elementary School Page 2 01'7 . e e Contract No 03.'04-116-0120EF C. Student/parent surveys shall be completed. The evaluation process is used to assist the DISTRICT in Identifymg whether the CITY is productive and meets the DISTRICT's intended goals. v. Payments A. The DISTRICT agrees to compensate the CITY for services rendered to accomplish the results required hereunder, at a rate of $5.00 per student per lesson, for a total not to exceed amount of $45,200.00. The CITY may invoice the DISTRICT as each session or series is completed. The mvoice shall describe in detail the services rendered and must mclude the CITY's Social Security or Federal Tax I.D. Number. The DISTRICT shall make payment to the CITY after receipt and approval of the invoice. B. The CITY's fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the CITY under this agreement. C. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CITY under this agreement. D. The CITY is aware that under California law, no disability or unemployment insurance will be deducted from payments made to the CITY or paid by the DISTRICT out of DISTRICT funds. CITY further recognizes that CITY cannot claim unemployment benefits after services have been completed. E. If the CITY, or anyone hired by the CITY, is receiving any type of continuing retirement benefits, such as those from California State Teacher's Retirement System (STRS) or Public Employees Retirement System (PERS) or other retirement plan, or Social Security, or other similar benefIts, the DISTRICT and the CITY are both aware that contmuance of said benefits or continuance at the same benefit amount, is or may be subject to certain limits on current annual income from public schools and/or other sources in order to maintain full benefits. F. The CITY and those hired by the CITY, understands and acknowledges that it has full responsibility for being aware of any limits and monitoring and not accepting or contracting to accept income in excess of said limits. Furthermore, the CITY and those hired by the CITY, specifically agrees to indemnify, defend, and hold harmless (as defined in SectlOn IX) the DISTRICT, from any liability or damages resulting from receipt of monies paid under this agreement, which adversely affect the CITY or those hired by the CITY. G. The CITY shall complete and return to the DISTRICT the Internal Revenue Service Form W-9 when requested to do so by the DISTRICT. VI. Responsibilities of the CITY A. The CITY is ultimately responsible for the results to be achieved under this agreement. The CITY itself, or others hired by the CITY and under the control of the CITY, may provide the services necessary to achieve the results required under this agreement. The CITY shall provide its services at such times as the CITY itself determines within the scope of the results to be achieved. Primetlme Agreement: City of San Bernardino Parks. Recreation, & Community Svcs-Cole Ekmentary School Page 3 of7 . . . Contract No 03/04-116-0120EF B. The CITY will perform services to achIeve the results required hereunder in the CITY's own independent way as an independent contractor m the pursuit of the CITY's independent calling and not as an employee of the DISTRICT. The CITY shall be under the control of the DISTRICT as to the results to be accomplished and not as to the means or manner by whIch such results are to be accomplished. The CITY's services will be provided on an as-needed basis to accomplish the resultsrequired under this agreement. c. D. The CITY shall provIde Its services at such tImes as the CITY itself determines within the cope of the results to be achieved. If the CITY or any of its employees. volunteers, or other staff members, are regular employees ofa public agency (any governmental agency or any agency supported by public tax dollars), all services which the CITY renders under this Agreement will be performed at times other than the DISTRICT's regular assigned workday for saId entity, or during periods of vacation or leave of absence from said enlity, in order that the CITY shall not receive double compensation from public tax dollars for its time. E. The CITY shall provide all of its own supplies, equIpment, and facilities as may be necessary within the scope of the results to be achieved and may not charge any fees to students attending the CITY to recapture these costs. F. The CITY agrees to conduct and certIfy to the DISTRICT's governmg board that it has Completed any background check reqUIrements of Education Code sections 45122.1 and 45125.1 and has returned the "Contractor Certification" form in advance of providing any contracted services described herem with the DISTRICT. Any expenses incurred to implement this requirement will be the sole responsibility of the CITY. G. The CITY understands that, as an independent contractor, it is not an employee of the DISTRICT and agrees that it will not purport to be nor represent itself as a DISTRICT employee, officer, or agent. The CITY agrees that it will not act as nor perform in the capacity of a DISTRICT employee. The CITY further agrees that it will specifically explain its independent contractor, non-employee status to those it contacts (including DISTRICT employees and non-DISTRICT employees), as a result of its work hereunder, m order to prevent any misconceptIOn on the part of third parties that the CONTRACTOR is an employee or representative of the DISTRICT. VII. Information Provided bv tbe DISTRICT The DISTRICT coordinator will prepare and furnish to the CITY upon the CITY's request, such information as is reasonably necessary to the performance of the CITY's work under this agreement. The CITY understands that all information provided to the CITY is the property of the DISTRICT and shall not be removed from the coordinator's possession. Failure to keep such information confidential and/or failure to return informatIOn requested by the coordinator is reasonable cause for termmation of this agreement and may subject the CITY to liability for damages to the DISTRICT. Primetlme Agreement: City of San Bem<lrdino Parks. Recreation, & Community Svcs.Cole Elementary School Page 4 01'7 . . . ConlraCINo 03!04-1]6-01~OEF VIII, Cancellation for Non-Performance or Non-Compliance of CITY A. If, at any tIme during the performance of thIs Agreement, the DISTRICT determines, at the DISTRICT's sole dIscretion, that the CITY's services are not achieving the results reqUIred hereunder, the DISTRICT shall have the Tight to cancel this Agreement and terminate the performance of the CITY's serVlces hereunder. In the event of such cancellation, the DISTRICT shall give written notice to the CITY of such cancellation. In the event of cancellation for unsatisfactory performance, the DISTRICT shall be obligated to pay the CITY only for that portion, if any, of the results achieved. B. Non-compliance by the CITY with the terms of thts Agreement shall be cause for termmation by the DISTRICT. C. The CITY's failure to perform as agreed on their Program Provider Proposal shall be cause for immedJate termmatlOn of this Agreement. IX, Hold Harmless The CITY hereby agrees to indemnify, defend, and hold harmless the DISTRICT and its departments, agents, officers, and employees from any and all claims or sums which the DISTRICT or any of its departments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to property or injury or death of persons, arising out of the performance of the services rendered by the CITY or caused by any error, omission, or act of the CITY or of any person employed by the CITY or of any others for whose acts the CITY IS legally liable. SaId sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. The DISTRICT hereby agrees to indemnify, defend, and hold harmless the CITY and its departments, agents, officers, and employees from any and all claims or sums which the CITY or any of its departments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to property or injUry or death of persons, arising out of the performance of the services rendered by the DISTRICT or caused by any error, omission, or act of the DISTRICT or of any person employed by the DISTRICT or of any others for whose acts the DISTRICT is legally liable. SaId sums shall include, in the event oflegal action, court costs, expenses of litigation, and reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of hts office in enforcing this Agreement on behalf of the CITY or DISTRICT shall be considered as "attorney's fees" for the purpose of this paragraph. Pnmctlme Agl"eemenl: City of San Bemardino Parks. Recreation, & Community Svcs-Cole Elementary School Page 5 01'7 e e e Contract No 03/04-] 16-0120EF x. Insurance Requirements During the entire term of this agreement and any extension or modificatIOn thereof. the CITY shall keep in effect a policy or poliCies, with an Insurer satisfactory to the DISTRICT which carries a rating of no less than "A" as determined by Best's rating service, to the following requirements: Comprehensive General Liability Insurance with combined single limllS for bodily injUry and property damage of at least $1,000,000.00 per occurrence; and, Professional Liability/Errors and Omissions Liability Insurance with limits of at least $1,000,000.00 per claim and in the aggregate; and, Workers' compensation Insurance or a State approved SelfInsurance Program In an amount and form to meet all applicable requirements of the Labor Code of the State ofCalifoffi13, covering all persons providing services on behalf of the CITY under this agreement and at all risks to such persons. The CITY understands that as an independent contractor, it IS not covered by any type of DISTRICT insurance, including workers compensation insurance. The CITY shall provide, through insurance policies or self- insurance, workers compensatIOn insurance coverage for its employees who provide services hereunder, and insurance coverage for any and all claims for damages, injury, death or liability it may sustain or impose on others including the DISTRICT. The DISTRICT understands that the CITY may use independent contractors, volunteers, or others not covered by the CITY's workers compensation insurance coverage, to provide services hereunder. The CITY shall advise such persons prOViding services hereunder at the direction of the CITY that workers compensatIOn insurance is not provided by the DISTRICT and the CITY shall hold the DISTRICT harmless from any and all claims for damages that may be asserted by such persons. Not later than ten (10) calendar days after the date of execution of this agreement, and prior to commencement of any work hereunder, the CITY shall provide to the DISTRICT satisfactory eVIdence of insurance confirming the above-specified coverages, including a provision for thirty (30) calendar days written notice to the DISTRICT before cancellatIon or material change can be affected in said insurance. On the policies of Comprehensive General Liability and Professional Liability/Errors and Omissions Insurance only, the DISTRICT shall be listed as an additIOnal Insured, by endorsement, effective for the term of the agreement. Not later than ten (10) calendar days after the date of the execution of this agreement, and prior to commencement of any work hereunder, the CITY shall provide the DISTRICT with a copy of these endorsements. Not Withstanding any of the provisions of paragraph X, evidence of a bona fide program of self insurance by CITY shall satisfy all of the insurance requirements of this paragraph. Xl. Special Provisions A. This agreement will be construed under the laws of the State ofCalifoffila. The CITY shall comply with all applicable federal. state and local laws, rules, regulations, and ordinances. B. The CITY certifies it will not diSCriminate on the basis ofrace, 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: Primeltme Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page U 01'7 e e e Contract No.: 03/04-116-0120EF Title VI and Vll 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); and The Age Discrimination Act of 1975 (pertaining to age); The Fair Emplovment and Housing Act (pertaining to ancestry, race, national origin, color, sex, religion, physical or mental disability, medical condition, marital status, and age over 40); The Americans with Disabilities Act of 1990 (pertaining to disability) This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICT's programs and activities. C. This agreement shall not be assignable. D. This agreement may be amended by the mutual written consent of the parties hereto. This agreement may be tertninated by either party with a thirty-(30) day written notice. E. IN WITNESS WHEREOF, the parties have executed this agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT By: Date: M AMMAD Z. ISLAM Assistant Superintendent Business Services Division (909) 381-1100 q - g- 0 ') Date: Primetime Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page 7 of 7 e e e r (' PROGRAM PROVIDER PROPOSAL For Center Participation in the San Bernardino City Unified School District's PRIME TIME PROGRAM Name of Community Center Provider (Center): City of San Bernardino Parks & Recreation ^ddress: 547. N. Sierra Way, San Bernardino, CA 92410 Contact Name: Tvrone Traylor Telephone Number: (909) 874-3423 Is this the location where services will be provided? Yes_ No .J.--..lf no, or more than onc sitc will be used, plcase provide all addresses, phone numbers, and a contact name for each site where services will be performed: 1331 Cole Ave.. Highland. CA 92346 (Cole Elementarv School) Capacity or maximum number of students per site: 60 Staff ratio to student nnmbers (staff: student): 1-15 Daterrime the Center(s) is/are available: Start Sept. 11 Mon-Wed-Fri. 3:45pm to 4:45 pm The Center agrees to maintain their facilities in a manner appropriate for the services they agree to provide. which includes adequate classroom furniture and equipment such as desks, tables, chairs. bulletin board, supplies, computers (when needed), etc. In addition the Center agrees to make available access to drinking fountains, and adequate restrooms and supplies, all to be provided with suitable temperature control. Play areas will be fenced and secure from outside stimuli. Facilities are subject to unannounced District inspections at any time. Any facilities found, at the District's sole discretion. to not be appropriate or maintained in a safe and efficient manner, is cause for immediate suspension or cancellation of the Center's participation in this program. Services to be Performed ,Planned activities: (be specific. i.e: sports/softball, volleyball, swimming. basketball; arts and crafts/painting. drawing, music; homework/computer skills-- please list all applicable-any changes Illust be by written approval from the District): Youth Karate Grades 4th-6th Cheer1eading Grades 4th-6th Basketball, Flag Football, Softball Grades 4th-6th Cost to provide the described services (please provide an itemized breakdown of cost per specific activity/student, as applicable. i.e.: softball 12 participants-entire $75.00 or $10.00 per participant): See attachment 1/1 Grant A~reement Page I r-- . i, By signing this proposal, the Center accepts responsibility for the actions of their staff and certifies that those hired by the Center are, specially trained, experienced, and competent to render the services required by the DISTRICT, and such services are contingent upon the availability of federal grant funds (21" Century Community Center Grant); the District reserves the right to add or substitute grallts a, 10llg as the cost remaills within the agreed upon maximum amount. The Center certifies it 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 State and Federal laws. The Center agrees to conduct alld certify to the District's governing board that it has completed any background check requirements of Education Code sections 45122.\ and 45\25.1 and has returned the "Contractor Certification" form in advance of providing any contracted services described herein with the District. Any expenses incurred to implement this requirement will be the sole responsibility of the Center. e The Center agrees to maintaill applicable insurance requirements throughout the entire term of the agreement and will provide proof of insurance within 10 days of execution of the agreement. The Center agrees to name the District as additional insureds on all policies. If the Center is accepted to participate in this program this proposal will be attached and made a part of the agreement as if originally inserted. The undersigned affirms that they are an authorized representative of the Center and are legally authorized to encumber the services of the Center. Si~ if-- Tvrone Travlor Printed Name Community Cp.nter Mana2er Title ?, II I O?, Date . Additional pages may be attached as necessary. Page :! . . . Contract /'.,'0 03/04-1 J 6-() 120EF Jll/G/NAL San Bernardino City l'nified School District 777 North "F" Street San Bernardino, CA 92410 CITY OF SAN BERl'\ARDINO AGREEMEl'\T FOR PARTICIPATION IN THE PRI;\IE TIME PROGRAM - COLE ELEMENTARY SCHOOL THIS AGREEMENT is made and entered into August 5, 2003, by and between the SAN BER."IARDINO CITY Ul'\IFIED SCHOOL DISTRICT, located at 777 North "F" Street, San Bernardino, CA 92410, heremafter referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO by and through the PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT, whose Parks & RecreatlOn office IS located at 547 North SIerra Way, San Bernardino, CA 92410, hereinafter referred to as the "CITY." R E C I T A I. S: WHEREAS, the DISTRICT, in compliance wIth the terms of the 21st Century Community CITY Leammg Grant, has developed the Prime Time Program, which has budgeted for selected community CITY s to develop programs that include organized after school actIvities for DISTRICT students; and, WHEREAS, the CITY is a community CITY which will be available for students to voluntarily particIpate in its organized after school actl\'lties, wIth parental consent, and m addition agrees to encourage learning and remforce educational skills; and, WHEREAS, the CITY itself is, or those hired by the CITY are experienced and competent to render the servIces required by the DISTRICT, and such services will encourage commumty mvolvement to enhance student education bettering the community as a whole; and NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: I. Al!reement Term This Agreement shall be for a period beginning September 17,2003, through June 30,2004. Upon recommendation of the site to be serviced, Cole Elementary School, the DISTRICT shall have the right to change or reduce the level of services to be provided under this Agreement, with thirty (30) days written notice to the CITY. Specific servIces scheduled may be rescheduled upon mutual agreement. Upon a showing of good and sufficient cause by the CITY, the DISTRICT may at its discretion, grant such extensions of time as it may deem adVIsable in whlch the CITY may accomplish the results required hereunder; provided, however, the DISTRICT shall not be obligated to pay the CITY any additional consideration if such extension of time has been granted. II. DISTRICT Goals The CITY, in collaboration with the San Bernardino City Unified School District, will organize after school programs with a vanety of learning experiences involving art, fitness, and sports skills. "After school" is described as any time before or after the students' regular school hours, including summer/intersession periods and weekends. This collaborative effort IS hereinafter referred to as the PRIME TIME PROGRAM (PROGRAM). The PROGRAM is sponsored and funded by the 21 st Century Community CITY Learning Grant and therefore is subject to the terms of the grant gUldelmes. The CITY agrees to conduct their serVlces in compliance with the terms of the grant, since funding is contingent on receipt of the grant funds, failure to do so could result in the rejectIon of any invoices with servIces or terms that fat! to comply. PrimClime Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page I of7 e e e Contract 1\0 03/04-11 ()-o 120EF III. The DISTRICTs goal is to increase test scores, decrease retentIon rates, and improve student attendance through a positive relatIOnship. The DISTRICT hopes to achieve thIS goal with the support of the CITY. A DISTRICT coordinator wIll oversee the operation of the PROGRAM and will assist the CITY with meeting the expectatIOns of the DISTRICT. CITY's Work Each commumty CITY is chosen based on their ability to perform to the standards and needs of the DISTRICT, as solely determined by the DISTRICT. Criteria Involve the CITYs ability to proVide, acquire a site or the use of a site, personnel, and services that conform to the needs of the students participating in the PROGRAM. The CITY agrees to encourage students' learning, reinforce skills, and provide extended educational support. The CITY's PROGRAM PROVIDER PROPOSAL, which outlines the CITY's proviSIOns, are attached hereto, and considered a part of this agreement. The CITY is expected to adhere to the terms of their proposal and comply with the terms of the PROGRAM. The DISTRICT's coordinator will assist the CITY when and if adjustments are necessary. FaIlure to cooperate or achieve goals is cause for immediate removal from the PROGRAM. If a CITY faIls to thrive or be productive in achieVing sufficient enrollment, it is at the DISTRICT's sole discretion whether to keep the CITY in the program. A. The CITY will provide youth karate lessons, intramural sports, and cheer leading to students at Cole Elementary School, located at 1331 Cole Avenue, Highland, CA 92346. B. The CITY shall be available to any DISTRICT student seeking help and is available on a voluntary basis. The CITY is not a substItute for the students' educational needs, but rather a place they may voluntarily seek additional help and support. C. Students will not be charged for attendance at the CITY, or for any help. D. The CITY shall identify at-risk students and cooperate with the DISTRICT to offer additional help and encouragement to these students. E. The CITY will provide sufficient staff or volunteers to meet the support needed to meet the demand of DISTRICT students. The CITY is required to provide a positive learning atmosphere to encourage students to learn and reinforce their educational skills and strategies. IV. CITY Evaluation The CITY will be subject to the DISTRICT coordinator site evaluations. Evaluations may be unannounced. The CITY must be available for vIsitation and/or review of its progress by the coordinator at any time throughout the duration of the grant. The coordinator may inspect the facility, its accommodations, volunteer/employee interactions with students, or financial records related to the PROGRAM. The CITY shall give recognition to the source of the grant funds and any other support provided by the DISTRICT during the term of the grant. The CITY shall be required to maintain the following records/evaluations to help the coordinator assess progress and achievements in accordance With the PROGRAM's expectations: A. Attendance logs are to be kept to measure participation rates. B. Pre and post assessment of activities and projects wIll be monitored, evaluated, and summarized. Primetlme Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page2of7 tit tit tit I Contract No., 03/04-1 ] 6-0 lZ0EF C. Student/parent surveys shall be completed. The evaluation process is used to assist the DISTRICT In identifying whether the CITY IS productive and meets the DISTRICT's intended goals. v. Payments A. The DISTRICT agrees to compensate the CITY for services rendered to accomplIsh the results required hereunder, at a rate of$5.00 per student per lesson, for a total not to exceed amount of $45,200.00. The CITY may invOice the DISTRICT as each session or series IS completed. The invoice shall describe In detail the services rendered and must mclude the CITY's Social Security or Federal Tax J.D. Number. The DISTRICT shall make payment to the CITY after receipt and approval of the invoice. B. The CITY's fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the CITY under this agreement. C. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CITY under this agreement. D. The CITY is aware that under CalIfornia law, no dIsabilIty or unemployment insurance will be deducted from payments made to the CITY or paid by the DISTRICT out of DISTRICT funds. CITY further recognizes that CITY cannot claim unemployment benefits after services have been completed. E. If the CITY, or anyone hired by the CITY, is receiving any type of continuing retirement benefits, such as those from CalIfornia State Teacher's Retirement System (STRS) or PublIc Employees Retirement System (PERS) or other retirement plan, or Social Security, or other similar benefits, the DISTRICT and the CITY are both aware that continuance of said benefits or continuance at the same benefit amount, IS or may be subject to certain lImits on current annual income from public schools and/or other sources in order to maintain full benefits. F. The CITY and those hired by the CITY, understands and acknowledges that It has full responsibilIty for being aware of any lImits and monitOrIng and not accepting or contracting to accept income in excess of said lImits. Furthermore, the CITY and those hired by the CITY, specifically agrees to indemnIfy, defend, and hold harmless (as defined in Section IX) the DISTRICT, from any lIabilIty or damages resulting from receipt of monies paid under this agreement, which adversely affect the CITY or those hired by the CITY. G. The CITY shall complete and return to the DISTRICT the Internal Revenue ServIce Form W-9 when requested to do so by the DISTRICT. VI . Responsibilities of the CITY A. The CITY is ultimately responsible for the results to be achieved under this agreement. The CITY itself, or others hired by the CITY and under the control of the CITY, may provide the services necessary to achieve the results required under this agreement. The CITY shall provide its services at such times as the CITY itself determines within the scope of the results to be achieved. Primetime Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Co1c Elementary School Page 3 of? e e e Contract !\Io 03104-1 16-0120EF B. The CITY will perform services to achieve the results required hereunder in the CITY's own independent way as an independent contractor In the pursuit of the CITY's independent calling and not as an employee of the DISTRICT. The CITY shall be under the control of the DISTRICT as to the results to be accomplished and not as to the means or manner by which such results are to be accomplished. The CITY's services will be provided on an as-needed basis to accomplish the resultsrequired under this agreement. c. D. The CITY shall provide its services at such times as the CITY itself determines within the cope of the results to be achieved. If the CITY or any OfIlS employees, volunteers, or other staff members, are regular employees ofa public agency (any governmental agency or any agency supported by public tax dollars), all services which the CITY renders under this Agreement will be performed at times other than the DISTRICT's regular assigned workday for said entity, or dunng periods of vacatIOn or leave of absence from saId entity, in order that the CITY shall not receive double compensation from public tax dollars for its time. E. The CITY shall provide all of its own supplies, equipment, and facilities as may be necessary within the scope of the results to be achieved and may not charge any fees to students attending the CITY to recapture these costs. F. The CITY agrees to conduct and certify to the DISTRICT's governing board that it has Completed any background check reqUIrements of Education Code sections 45 I 22. I and 45125.1 and has returned the "Contractor Certification" form in advance of providing any contracted services described herein with the DISTRICT. Any expenses incurred to implement this requirement will be the sole responsibility of the CITY. G. The CITY understands that, as an independent contractor, it is not an employee of the DISTRICT and agrees that it will not purport to be nor represent itself as a DISTRICT employee, officer, or agent. The CITY agrees that it will not act as nor perform in the capacity of a DISTRICT employee. The CITY further agrees that it will specifically explain its independent contractor, non-employee status to those it contacts (including DISTRICT employees and non-DISTRICT employees), as a result of its work hereunder, In order to prevent any mIsconceptIOn on the part of third parties that the CONTRACTOR is an employee or representative of the DISTRICT. VII. Information Provided bv the DISTRICT The DISTRICT coordinator will prepare and furnish to the CITY upon the CITY's request, such information as is reasonably necessary to the performance of the CITY's work under this agreement. The CITY understands that all information provided to the CITY is the property of the DISTRICT and shall not be removed from the coordinator's possession. Failure to keep such informatIOn confidential andlor failure to return infornlation requested by the coordinator is reasonable cause for termination of this agreement and may subject the CITY to liability for damages to the DISTRICT. Primetimc Agreement: City of San Bemardino Parks, Recreation, & Community Svcs-Cole Elementary School PJge 4 01'7 e e e Comr<lct \io_ ()Ji()~-l ]()-{J]20Er VIII. Cancellation for Non-Performance or Non-Compliance of CITY A. If, at any time dunng the performance of this Agreement. the DISTRICT determines, at the DISTRICT's sole discretion, that the CITY's services are not achieving the results required hereunder, the DISTRICT shall have the right to cancel thIs Agreement and terminate the performance of the CITY's services hereunder. In the event of such cancellatIOn, the DISTRICT shall gIve wntten notice to the CITY of such cancellation. In the event of cancellation for unsatisfactory perfomlance, the DISTRICT shall be obligated to pay the CITY only for that portion, if any, of the results achieved. B. Non-compliance by the CITY with the terms of this Agreement shall be cause for termination by the DISTRICT. C. The CITY's failure to perfonn as agreed on their Program Provider Proposal shall be cause for immediate termInatIOn of this Agreement. IX, Hold Harmless The CITY hereby agrees to Indemnify, defend, and hold harmless the DISTRICT and its departments, agents, officers, and employees from any and all claims or sums which the DISTRICT or any of its departments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind Imposed upon them, including damages to property or injury or death of persons, arising out of the perfonnance of the servIces rendered by the CITY or caused by any error, omiSSIOn, or act of the CITY or of any person employed by the CITY or of any others for whose acts the CITY IS legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation. and reasonable attorney's fees. The DISTRICT hereby agrees to indemnify, defend, and hold harmless the CITY and its departments. agents, officers. and employees from any and all claIms or sums which the CITY or any of its departments. agents. officers. or employees may be obligated to pay by reason of any liabIlity of any kind imposed upon them. includll1g damages to property or injury or death of persons, arising out of the performance of the services rendered by the DISTRICT or caused by any error. omission. or act of the DISTRICT or of any person employed by the DISTRICT or of any others for whose acts the DISTRICT is legally liable. SaId sums shall include. in the event of legal action. court costs. expenses of litigation. and reasonable attorney's fees. The costs, salary and expenses of the CIty Attorney and members of hIS office 111 enforcing this Agreement on behalf of the CITY or DISTRICT shall be considered as "attorney's fees" for the purpose of this paragraph. Primettme Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page 5 of7 1--. . . e Contract So__ OJ04-116-0120EF x. Insurance Requirements During the entire tern1 of this agreement and any extension or modification thereof, the CITY shall keep in effect a policy or policies, with an insurer satisfactory to the DISTRICT which carries a rating of no less than "A" as deterrnined by Best's rating serVice, to the following requIrements: Comprehensive General Liability Insurance with combined single limits for bodily injury and property damage of at least S I ,000,000.00 per occurrence; and, ProfessIOnal Liability/Errors and OmissIOns Liability Insurance with limits of at least $1,000,000.00 per claim and m the aggregate; and, Workers' compensation Insurance or a State approved Self Insurance Program in an amount and forrn to meet all applicable requirements of the Labor Code of the State of California, covering all persons providmg services on behalf of the CITY under this agreement and at all nsks to such persons. The CITY understands that as an independent contractor, it IS not covered by any type of DISTRICT insurance, including workers compensation insurance. The CITY shall provide, through insurance policies or self- insurance, workers compensation insurance coverage for its employees who provide services hereunder, and insurance coverage for any and all claims for damages, inJury, death or liability it may sustam or impose on others including the DISTRICT. The DISTRICT understands that the CITY may use independent contractors, volunteers, or others not covered by the CITY's workers compensatIOn insurance coverage, to provide services hereunder. The CITY shall advise such persons providing services hereunder at the direction of the CITY that workers compensation insurance IS not provided by the DISTRICT and the CITY shall hold the DISTRICT harrnless from any and all claims for damages that may be asserted by such persons. Not later than ten (10) calendar days after the date of execution of this agreement, and prior to commencement of any work hereunder, the CITY shall provide to the DISTRICT satisfactory eVidence of Insurance confirrning the above-specified coverages, including a provision for thirty (30) calendar days wntten notice to the DISTRICT before cancellation or material change can be affected in said msurance. On the poliCies of Comprehensive General Liability and Professional Liability/Errors and Omissions Insurance only, the DISTRICT shall be listed as an additional insured, by endorsement, effective for the terrn of the agreement. Not later than ten (10) calendar days after the date of the execution of this agreement, and prior to commencement of any work hereunder, the CITY shall proVide the DISTRICT with a copy of these endorsements. Not withstanding any of the provisions of paragraph X, evidence of a bona fide program of self insurance by CITY shall satisfy all of the insurance requirements of this paragraph. XI. Svecial Provisions A. This agreement will be construed under the laws of the State of California. The CITY shall comply with all applicable federal, state and local laws, rules. regulations, and ordinances. B. The CITY certifies it will not discnminate on the basis of race, color, national origin, ancestry, sex (mcluding sexual harassment), marital status, handicap, disability, medical condition, religion, or age in any of ItS policies, procedures, or practices in compliance with: Pnmetime Agreement: City of San Bemardino Parks, Recreation, & Community Svcs-Cole Elementary School Page 6 01'7 e e e Contract No.: 03/04-116-0120EF Title VI and vn 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); and The Age Discrimination Act of 1975 (pertaining to age); The Fair Employment and Housing Act (pertaining to ancestry. race, national origin, color, sex, religion, physical or mental disability, medical condition, marital status, and age over 40); The Americans with Disabilities Act of 1990 (pertaining to disability) This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICT's programs and activities. C. This agreement shall not be assignable. D. This agreement may be amended by the mutual written consent of the parties hereto. This agreement may be terminated by either party with a thirty-(30) day written notice. E. IN WITNESS WHEREOF. the parties have executed this agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT By: 2- Date: M AMMAD Z. ISLAM Assistant Superintendent Business Services Division (909) 381-1100 q - 3- 0 ) Date: Primetime Agreement: City of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page7of7 r r . PROGRAM PROVIDER PROPOSAL For Center Participation in the San Gernardino City Unified School District's PRIME TIME PROGRAM Name of Community Center Provider (Center): City of San Bernardino Parks & Recreation ^ddress: 547. N. Sierra Way, San Bernardino. CA 92410 Contact Name: Tyrone Traylor Telephone Number: (909) 874-3423 Is this the location where services will be provided? Yes_ No -L Ifno, or more than onc sitc will be used, please provide all addrcsses, phone numbers, and a contact name for each site where services will be performed: 1331 Cole Ave., Highland, CA 92346 (Cole Elementary School) Capacity or maximum number of students per site: 60 Staff ratio to student numbers (staff: student): 1-15 DatelTime the Center(s) is/are available: Start Sept. 11 Mon-Wed-Fri, 3: 45pm to 4: 45 pm . The Center agrees to maintain their facilities in a manner appropriate for the services they agree to provide, which includes adequate classroom furniture and equipment such as desks, tables, chairs, bulletin board, supplies, computers (when needed), etc. In addition the Center agrees to make available access to drinking fountains, and adequate restrooms and supplies, all to be pl'Ovided with suitable temperature control. Play areas will be fenced and secure from outside stimuli. Facilities are subject to unannounced District inspections at any time. Any facilities fOlmd, at the District's sole discretion, to not be appropriate or maintained in a safe and efficient manner, is cause for immediate suspension or cancellation of the Center's participation in this program. Services to be Performed -Planned activities: (be specific, i.e: sports/softball, volleyball, swimming, basketball; arts and crafts/painting, drawing, music; homework/computer skills-- please list all applicable-any changes must be by written approval from the District): Youth Karate Grades 4th-6th Cheer leading Grades 4th-6th Basketball, Flag Football, Softball Grades 4th-6th . Cost to provide the described services (please provide an item ized breakdown of cost per specific activity/student, as applicable, i.e.: softball 12 participants-entire $75.00 or $10.00 per participant): See attachment 1/1 Grant Agreement Page I ( . By signing this proposal, the Center accepts responsibility for the actions of their staffand certifies that those hired by the Center are, specially trained, experienced, and competent to render the services required by the DISTRICT, and such services are contingent upon the availability of federal grant funds (21" Century Community Center Grant); the District reserves the right to add or substitute grants as long as the cost remains within the agreed upon maximum nmount. The Center certifies it 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 State and F edera I laws. The Center agrees to conduct and certify to the District's governing board that it has completed any background check requirements of Education Code sections 45122.1 and 45125.1 and has returned the "Contractor Certification" form in advance of providing any contracted services described herein with the District. Any expenses incurred to implement this requirement will be the sole responsibility of the Center. . The Center agrees to maintain applicable insurance requirements throughout the entire term of the agreement and will provide proof of insurance within 10 days of execution of the agreement. The Center agrees to name the District as additional insureds on all policies. If the Center is accepted to participate in this program this proposal will be attached and made a part of the agreement as if originally inserted. The undersigned affirms that they are an authorized representative of the Center and are legally authorized to encumber the services of the Center. Si~ -;t Tvrone Travlor Printed Name Community Center Manager Title <3/,103 Date . Additional pages may be attached as necessary. Page ~ e e e Contract No. 03/04-116-0120EF tin/GINA/" San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92410 CITY OF SAN BERNARDINO AGREEMENT FOR PARTICIPATIO:\, IN THE PRIME TIME PROGRAM - COLE ELEMENTARY SCHOOL THIS AGREEMENT is made and entered into August 5, 2003, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, located at 777 North "F" Street, San BernardinO, CA 92410, hereinafter referred to as the "DISTRICT," and the CITY OF SAN BERNARDI;'IiO by and through the PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT, whose Parks & Recreation office is located at 547 North Sierra Way, San Bernardino, CA 92410, hereinafter referred to as the "CITY" R E C I TAL S: WHEREAS, the DISTRICT, In compliance with the terms of the 21 st Century Community CITY Learning Grant, has developed the Prime Time Program, which has budgeted for selected community CITY s to develop programs that include organized after school activities for DISTRICT students; and, WHEREAS, the CITY is a community CITY which will be available for students to voluntarily participate in its organized after school activities, with parental consent, and in addition agrees to encourage learning and reinforce educational skills; and, WHEREAS, the CITY itself is, or those hired by the CITY are experienced and competent to render the services required by the DISTRICT, and such services will encourage commumty involvement to enhance student education bettering the commumty as a whole; and NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: L A!!reement Term This Agreement shall be for a period beginning September 17,2003, through June 30,2004. Upon recommendatIOn of the site to be serviced, Cole Elementary School, the DISTRICT shall have the right to change or reduce the level of services to be proVided under this Agreement, with thirty (30) days \Wltten notice to the CITY. SpeCific services scheduled may be rescheduled upon mutual agreement. Upon a showing of good and sufficient cause by the CITY, the DISTRICT may at its discretion, grant such extensions of time as it may deem advisable in which the CITY may accomplish the results required hereunder; provided, however, the DISTRICT shall not be obligated to pay the CITY any additional consideration if such extension of time has been granted. II. DISTRICT Goals The CITY, in collaboration with the San Bernardino City Unified School District, will organize after school programs With a variety of learning experiences involVing art, fitness, and sports skills. "After school" is described as any time before or after the students' regular school hours, including summerlintersession periods and weekends. This collaborative effort is hereinafter referred to as the PRIME TIME PROGRAM (PROGRAM). The PROGRAM is sponsored and funded by the 21st Century Community CITY Learning Grant and therefore is subject to the terms of the grant guidelines. The CITY agrees to conduct their services in compliance with the terms of the grant, since funding is contingent on receipt of the grant funds, failure to do so could result in the rejection of any invoices with services or terms that fail to comply. Primetime Agreement: City of San Bernardino Parks, Recreation, & Community Svcs.Colc Elementary School Page 1 01'7 e e e Contract No 03/04-] 16-0120EF III. The DISTRICT's goal is to mcrease test scores, decrease retentIon rates. and improve student attendance through a posItive relationship. The DISTRICT hopes to achieve this goal with the support of the CITY. A DISTRICT coordinator will oversee the operation of the PROGRAM and will assist the CITY with meeting the expectatIons of the DISTRICT. CITY's Work Each community CITY is chosen based on their ability to perform to the standards and needs of the DISTRICT, as solely determmed by the DISTRICT. Criteria involve the CITYs ability to provide, acquIre a site or the use of a site, personnel. and services that conform to the needs of the students participating m the PROGRAM. The CITY agrees to encourage students' learning, reInforce skills, and proVide extended educatIOnal support. The CITY's PROGRAM PROVIDER PROPOSAL, which outlines the CITY's provisions, are attached hereto, and considered a part of this agreement. The CITY IS expected to adhere to the terms of their proposal and comply with the terms of the PROGRAM. The DISTRICT's coordinator will assIst the CITY when and If adjustments are necessary. Failure to cooperate or achieve goals is cause for immedIate removal from the PROGRAM. If a CITY fails to thrive or be productive In achieVIng sufficient enrollment, it is at the DISTRICT's sole dIscretion whether to keep the CITY in the program. A. The CITY will provide youth karate lessons, intramural sports, and cheer leading to students at Cole Elementary School, located at 1331 Cole Avenue, Highland, CA 92346. B. The CITY shall be available to any DISTRICT student seekmg help and IS available on a voluntary baSIS. The CITY is not a substitute for the students' educational needs, but rather a place they may voluntarily seek additional help and support. C. Students wIll not be charged for attendance at the CITY, or for any help. D. The CITY shall identify at-risk students and cooperate with the DISTRICT to offer additional help and encouragement to these students. E. The CITY will provide sufficient staff or volunteers to meet the support needed to meet the demand of DISTRICT students. The CITY is required to proVIde a positIve learning atmosphere to encourage students to learn and reinforce their educational skills and strategIes. IV. CITY Evaluation The CITY will be subject to the DISTRICT coordinator sIte evaluations. Evaluations may be unannounced. The CITY must be available for VIsitatIOn and/or review of its progress by the coordInator at any tIme throughout the duration of the grant. The coordinator may inspect the facility, its accommodations, volunteer/employee interactions with students, or financial records related to the PROGRAM. The CITY shall give recognition to the source of the grant funds and any other support provided by the DISTRICT dUring the term of the grant. The CITY shall be reqUired to maintain the following records/evaluations to help the coordinator assess progress and achIevements m accordance With the PROGRAM's expectations: A. Attendance logs are to be kept to measure participation rates. B. Pre and post assessment of activities and projects will be monitored, evaluated, and summarized. Primetime Agreement: CIty of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School Page 2 01'7 . . e Contract No__ OY04-116-0120EF C. Student/parent surveys shall be completed. The evaluation process IS used to aSSISt the DISTRICT in identifYIng whether the CITY is produetive and meets the DISTRlCT's Intended goals. v. Payments A. The DISTRICT agrees to compensate the CITY for services rendered to accomplish the results required hereunder, at a rate of $5.00 per student per lesson, for a total not to exceed amount of $45,200.00. The CITY may Invoice the DISTRICT as each session or series is completed. The InvOIce shall describe in detail the services rendered and must Include the CITY's SocIal Security or Federal Tax J.D. Number. The DISTRICT shall make payment to the CITY after receipt and approval of the InVOIce. B. The CITY's fee is inclusive of all serVices hereunder and the DISTRICT wIll pay no separate amount for travel or other expenses of the CITY under thIS agreement. C. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CITY under this agreement. D. The CITY is aware that under California law, no disability or unemployment insurance will be deducted from payments made to the CITY or paid by the DISTRlCT out of DISTRlCT funds. CITY further recogmzes that CITY cannot claim unemployment benefits after services have been completed. E. If the CITY, or anyone hired by the CITY, is receiving any type of contInuing retirement benefits, such as those from California State Teacher's Retirement System (STRS) or Public Employees Retirement System (PERS) or other retirement plan, or Social Security, or other simIlar benefits. the DISTRICT and the CITY are both aware that continuance of said benefits or contmuance at the same benefit amount, is or may be subject to certain limIts on current annual income from public schools and/or other sources in order to maintain full benefIts. F. The CITY and those hIred by the CITY, understands and acknowledges that it has full responsibilIty for bemg aware of any lImits and monitoring and not accepting or contracting to accept income m excess of said limits. Furthermore, the CITY and those hIred by the CITY, speCifically agrees to mdemnify, defend, and hold harmless (as defined in Section IX) the DISTRICT, from any liability or damages resultmg from receipt of monies paid under this agreement, whIch adversely affect the CITY or those hired by the CITY. G. The CITY shall complete and return to the DISTRlCT the Internal Revenue Service Form W.9 when requested to do so by the DISTRlCT. VI . Responsibilities of the CITY A. The CITY is ultimately responsible for the results to be achieved under this agreement. The CITY itself, or others hired by the CITY and under the control of the CITY, may provide the services necessary to achieve the results reqUIred under this agreement. The CITY shall provide its services at such tnnes as the CITY itself determines within the scope of the results to be achieved. Primetllne Agreement: City of San Bemardmo Parks, Recreation, & COl111nUnlly Svcs-Colc Elementary School Page 3 on . e e Contract No 03/04-1] 6-0 120EF B. The CITY will perfornl services to achieve the results required hereunder In the CITY's own independent way as an independent contractor In the pursuit of the CITY's independent callIng and not as an employee of the DISTRICT. The CITY shall be under the control of the DISTRICT as to the results to be accomplished and not as to the means or manner by which such results are to be accomplished. The CITY's services will be provided on an as-needed basis to accomplish the resultsrequired under this agreement. c. D, The CITY shall provide its services at such times as the CITY itself determines within the cope of the results to be achieved. If the CITY or any of its employees, volunteers, or other staff members. are regular employees of a public agency (any governmental agency or any agency supported by public tax dollars). all services which the CITY renders under this Agreement will be performed at times other than the DISTRICT's regular assigned workday for said entity. or dUrIng perIods of vacation or leave of absence from said entity, In order that the CITY shall not receive double compensatIOn from public tax dollars for its time. E, The CITY shall provide all of its own supplies. eqUipment. and facilities as may be necessary within the scope of the results to be achieved and may not charge any fees to students attending the CITY to recapture these costs. F. The CITY agrees to conduct and certify to the DISTRICT's governing board that it has Completed any background check requirements of Education Code sections 45 122. I and 45] 25.] and has returned the "Contractor Certification" form in advance of providing any contracted services described herem with the DISTRICT. Any expenses incurred to implement this reqUirement will be the sole responsibility of the CITY. G, The CITY understands that, as an independent contractor, it is not an employee of the DISTRICT and agrees that it Will not purport to be nor represent itself as a DISTRICT employee, officer, or agent. The CITY agrees that It will not act as nor perform in the capacIty of a DISTRICT employee. The CITY further agrees that it will specifically explain Its independent contractor, non-employee status to those it contacts (including DISTRICT employees and non-DISTRICT employees), as a result of its work hereunder, in order to prevent any misconceptIOn on the part of third parties that the CONTRACTOR IS an employee or representative of the DISTRICT. VII. Information Provided bv the DISTRICT The DISTRICT coordInator will prepare and furnish to the CITY upon the CITY's request, such information as is reasonably necessary to the performance of the CITY's work under this agreement. The CITY understands that all information provided to the CITY is the property of the DISTRICT and shall not be removed from the coordinator's possession. Failure to keep such mformatlOn confidentIal and/or failure to return information requested by the coordinator is reasonable cause for termination of this agreement and may subject the CITY to liabIlity for damages to the DISTRICT. Pnmctime Agreement: City of San Bernardino Parks, Recreation, & Community $vcs-Cole Elementary School Page 4 01'7 . . . (\lIlIl;JU Nu 03:04-1Ih-OI20Fl' VIII. Cancellation for Non-Performance or Non-ComDliance of CITY A. If, at any t,me during the performance of thiS Agreement, the DISTRICT determines, at the DISTRICT's sole discretion, that the CITY's sen',ces are not achlevmg the results reqUIred hereunder, the DISTRICT shall have the right to cancel this Agreement and terminate the performance of the CITY's services hereunder. In the event of such cancellation, the DISTRICT shall give WrItten notIce to the CITY of such cancellation. In the event of cancellation for unsatisfactory perfornlance, the DISTRlCT shall be obhgated to pay the CITY only for that portion, ,I' any, of the results achieved. B. Non-comphance by the CITY WIth the terms of this Agreement shall be cause for termmatlOn by the DISTRICT. C. The CITY's failure to perform as agreed on their Program Provider Proposal shall be cause for immediate termination of this Agreement. IX, Hold Harmless The CITY hereby agrees to indemnify, defend, and hold harmless the DISTRICT and its departments, agents, officers, and employees from any and all claims or sums which the DISTRlCT or any of ,ts departments, agents, officers, or employees may be obhgated to pay by reason of any habihty of any kind imposed upon them, including damages to property or mJury or death of persons, arIsing out of the performance of the services rendered by the CITY or caused by any error, omission, or act of the CITY or of any person employed by the CITY or of any others for whose acts the CITY IS legally hable. Said sums shall include, in the event of legal action, court costs, expenses ofhtigation, and reasonable attorney's fees. The DISTRICT hereby agrees to indemmfy, defend, and hold harmless the CITY and its departments, agents, officers, and employees from any and all claims or sums which the CITY or any of Its departments, agents, offIcers, or employees may be obhgated to pay by reason of any habihty of any kind imposed upon them, mcluding damages to property or mJury or death of persons, arising out of the performance of the services rendered by the DISTRICT or caused by any error, omission, or act of the DISTRICT or of any person employed by the DISTRICT or of any others for whose acts the DISTRICT 's legally liable. Said sums shall mclude, m the event oflegal action, court costs, expenses of ht,gation, and reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of hiS off,ce in enforcmg this Agreement on behalf of the CITY or DISTRICT shall be conSidered as "attorney's fees" for the purpose of thiS paragraph. Primel\1TIC Agreement Clt)' of San Bemardino Parks, Recreation, & CommullIly Svcs-Cole Elementary School Page 5 of? !e e e Contract !\o. 03/04-116-0120EF X. Insurance Requirements During the enlire term of this agreement and any extension or modlflcation thereof. the CITY shall keep 10 effect a pohcy or pohcles, wnh an insurer satisfactory to the DISTRICT which carries a ratmg of no less than "A" as determmed by Best's rating serVice, to the following requirements: Comprehensive General liabilIty Insurance WIth combined smgle lImits for bodIly mJury and property damage of at least SI,OOO,OOO.OO per occurrence; and, Professional LiabilIty/Errors and Omissions LiabilIty Insurance With lImits of at least $1,000,000.00 per claim and in the aggregate: and, Workers' compensation Insurance or a State approved SelfInsurance Program in an amount and form to meet all applIcable requirements of the Labor Code of the State of CalIfornia, covering all persons providmg services on behalf of the CITY under this agreement and at all risks to such persons. The CITY understands that as an independent contractor, it is not covered by any type of DISTRICT msurance, including workers compensation msurance. The CITY shall proVide, through msurance polIcies or self- insurance, workers compensation insurance coverage for its employees who provide services hereunder, and insurance coverage for any and all claims for damages, inJUry, death or IIabihty it may sustain or impose on others including the DISTRICT. The DISTRICT understands that the CITY may use independent contractors, volunteers, or others not covered by the CITY's workers compensation msurance coverage, to proVide services hereunder. The CITY shall advise such persons providing services hereunder at the direction of the CITY that workers compensation insurance is not provided by the DISTRICT and the CITY shall hold the DISTRICT harmless from any and all claims for damages that may be asserted by such persons. Not later than ten (10) calendar days after the date of execution of this agreement, and prior to commencement of any work hereunder, the CITY shall provide to the DISTRICT satisfactory evidence of insurance conflrming the above-specified coverages, including a provision for thirty (30) calendar days written notice to the DISTRICT before cancellatIOn or material change can be affected in said insurance. On the policies of Comprehensive General Liabihty and ProfeSSIOnal Liability/Errors and OmiSSIOns Insurance only, the DISTRICT shall be listed as an addlllOnal insured, by endorsement, effective for the term of the agreement. Not later than ten (10) calendar days after the date of the execution of this agreement, and pnor to commcncement of any work hereunder, the CITY shall prOVide the DISTRICT with a copy of these endorsements. Not withstandmg any of the provisions of paragraph X, evidence of a bona fide program of self insurance by CITY shall satisfy all of the msurance requirements of thiS paragraph. XI. Soecial Provisions A. This agreement will be construed under the laws of the State of California. The CITY shall comply With all applicable federal, state and local laws, rules, regulations, and ordinances. B. The CITY certifies It will not discriminate on the basis ofrace, 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 m compliance with: Primetime Agreement: City of San Bernardino Parks, Recreation, & Community $vcs-Cole Elementary School Page 6 01'7 e e e Contract No.: 03/04-1 16-0120EF 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); and The Age Discrimination Act of 1975 (pertaining to age); The Fair Employment and Housing Act (pertaining to ancestry. race. national origin. color, sex, religion, physical or mental disability, medical condition, marital status, and age over 40); The Americans with Disabilities Act of 1990 (pertaining to disability) This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICT's programs and activities, C. This agreement shall not be assignable. D. This agreement may be amended by the mutual written consent of the parties hereto. This agreement may be terminated by either party with a thirty-(30) day written notice. E. IN WITNESS WHEREOF, the parties have executed this agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT By: AMMAD Z. ISLAM As. stant Superintendent Business Services Diyision (909) 381-1100 q- <i~()) Date: Date: Primetime Agreement: Cil)' of San Bernardino Parks, Recreation, & Community Svcs-Cole Elementary School P<lge 7 of 7 . '.'_.~-:":""'''''''---'''''~--- (' (' e' PROGRAM PROVIDER PROPOSAL For Center Participation in the San Oernardino City Unified School District's PRIME TIME PROGRAM Name of Community Center Provider (Center): City of San Bernardino Parks & Recreation Addreu: 547... Sierra Way, San Bernardino. CA 92410 Contact Name: Tyrone Traylor Telephone Number: (909) 874-3423 Is this the location where services will be provided? Yes_ No --1L- Ifno, or more than one site will be used, please provide all addresses. phone numbers, and a contact name for each site where services will be performed: 1331 Cole Ave.. Highland, CA 92346 (Cole Elementary School) Capacity or maximum number of students per site: 60 Staff ratio to student numbers (staff: student): 1-15 Daterrime the Center(s) is/are available: Start Sept, 11 Mon-Wed-Fri. 3: 45pm to 4: 45 pm e The Center agrees to maintain their facilities in a manner appropriate for the services they agree to provide, which includes adequate classroom furniture and equipment such as desks, tables, cllairs. bulletin board. supplies. computers (when needed), etc. In addition the Center agrees to make available access to drinking fountains. and adequate restrooms and supplies, all to be pi'Ovided with suitable temperature control. Play areas will be fenced and secure from outside stimuli. Facilities are subject to unannounced District inspections at any time. Any facilities fOlmd. at the District's sole discretion, to not be appropriate or maintained in a safe and efficient manner, is cause for immediate suspension or cancellation of the Center's participation in this program. Services to be Performed -Planned activities: (be specific. i.e: sports/softball, volleyball, swimming. basketball; arts and crafts/painting. drawing. music; homework/computer skillsn please list all applicable-any changes must be by written approval from the District): Youth Karate Grades 4th-6th Cheer leading Grades 4th-6th Basketball, Flag Football, Softball Grades 4th-6th e Cost to provide the described services (please provide an itemized breakdown of cost per specific activity/student, as applicable. i.e.: softball 12 participants-entire $75.00 or $10.00 per participant): See attachment III Grant Agreement Page 1 " .' ~... --'-~ '. - .....___~~..."A___..."""-.~~...,_._ _ - '), By signing this proposal, the Center accepts responsibility for the actions of their staff and certifies that those hired by the Center are, specially trained, experienced, and compelentto render the services required by the DISTRICT, and such services are contingent upon the availability of federal grant funds (21" Century Community Center Grant); the District reserves the right to add or substitute grollts os long as the cost remains within the agreed upon maximum amount. The Center certifies it 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 State and Federal laws. The Center agrees to conduct and certify to the District's governing board that it has completed any background check requirements of Education Code sections 45122.1 and 45125.1 and has returned the "Contractor Certification" form in advance of providing any contracted services described herein with the District. Any expenses incurred to implement this requirement will be the sole responsibil ity of the Center. e The Center agrees to maintain applicable insurance requirements throughout the entire term of the agreement and will provide proof of insurance within 10 days of execution of the agreement. The Center agrees to name the District as additional insureds on all policies. If the Center is accepted to participate in this program this proposal will be attached and made a part of the agreement as if originally inserted. The undersigned affirms that they are an authorized representative of the Center and are legally authorized to encumber the services of the Center. '1.A- - -;t.. Si;,~t~ Tvrone Travlor Printed Name Community Cp.nter Mana~er Title <'01,lo?' Date e Additional pages may be attached as necessary. Page 2 CITY OF SAN BERNARDINO Interoffice Memorandum RrCEIV["1 -(IT'( CI [::K CITY CLERK'S OFFICE Records and Information Management (RIM) Prograni03 SEP 23 mo :"B DATE: September 18, 2003 TO: Lemuel Randolph, Director of Parks, Recreation and Community Services FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2003-257 At the Mayor and Common Council meeting of September 15, 2003, the City of San Bernardino adopted Resolution 2003-257 - Resolution authorizing the Mayor or her designee to execute an agreement with the San Bernardino City Unified School District for after-school recreation programs at Cole Elementary School. Attached are two (2) original agreements. Please sign in the appropriate location and return both original agreements to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 120 days, or by January 13,2004. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary Signed: ~/;?IJj Please sign and return Date: OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C.. CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardina.ca.us '" September 23, 2003 Mr. Mohammad Z. Islam Assistant Superintendent Business Services Division San Bernardino City Unified School District 777 N. "F" Street San Bernardino, CA 92410 Dear Mr. Islam, Enclosed, please find one fully executed agreement between the City of San Bernardino and the San Bernardino City Unified School District for after-school recreation programs at Cole Elementary School. If you have any questions, please do not hesitate to call me at (909)384-5002. Sincerely, j j){,'cl~( 6-c rJ, (~''--- Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty '. . ' ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): q- IS" Os Item # Iy Resolution # ''2(::(.-;.3 _. ;:}5 r ) Vote: Ayes \-'1 Nays h Abstain e- Absent J.d- Change to motion to amend original documents: Reso. # On Attachments: L Contract term: - Note on Resolution of Attachment stored separately: --==- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Null/Void After: 1'20 DA-'j:' I I. J'~ -0 '1 , By: - Date Sent to Mayor: q - 1'1"0 .'" Date of Mayor's Signature: 9. -11-03 Date of Clerk/CDC Signature: 01 - \ '-{ C> ~3, Reso. Log Updated: r Seal Impressed: ./ Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: 9 - \ 2< . (-::> :3 See Attached: ,~Date Returned: q. 2.3'0 3 See Attached: See Attached: Request for Council Action & Staff Report Attached: Yes / Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By No -L. By No ,/ By No ----;7 By No ---;- By Copies Distributed to: City Attorney V Parks & Rec. ,/ Code Compliance Dev. Services EDA Finance ,/ MIS Police Public Services Water Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01/12/01