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HomeMy WebLinkAbout19-Parks & Recreation . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Dept: Parks, Recreation and Community Services Dept. Date: November 15, 2002 O"""""'1L n , \0>. , , ~ t1 Subject: RESOLUTION AUTHORIZING THE MAYOR OF CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT ~TH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. MICC Meeting Date: Dec. 2, 2002 Synopsis of Previous Council Action: September 17, 2001 - Mayor and Common Council approved Resolution No. 2001-294 for the 2002-2003 Children's After-School Program for Success. Recommended motion: Adopt Resolution Contact person: Lemuel P. Randolph Phone: 384-5030 Supporting data attached: Staffrepart, Resa & Agreement Ward: Citywide FUNDING REQUIREMENTS: Council Notes: Amount: $480,000 (From Federal & State Programs Fund) Source: (Ace!. No.) 123-594-5014 Agenda Item NO.-19 . . , . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution authorizing the Mayor 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 school district sites. Back!!:round: The Children's After-School Program for Success (C.A.P.S.) is a grant funded program administered by the San Bernardino City Unified School District to provide after-school programs at city school sites. The city has been a sub-contractor to the school district in this program since 1999. The school provides teachers and aides to teach educational and tutorial programs. The Parks, Recreation and Community Services Department has been asked to provide arts and crafts and other recreational activities to the youth. The C.A.P.S. program was offered at nine elementary schools when first implemented. The program expanded to fifteen schools in fiscal year 2000-01. This agreement will provide funding for the designated fifteen sites, a part-time Administrative Clerk, and partial funding for a part-time Program Specialist for the period beginning July 1,2002 through June 30, 2003. Financial ImDact: This agreement is funded at a $480,000 maximum all-inclusive amount. This funding provides for after-school recreational activities at eighteen schools to cover 100 percent of costs for (2) part-time staff for three hours per day, Monday - Friday, 1 half-time benefited administrative support position, classroom and administrative materials, recreational equipment and supplies to support the overall program. There is no additional financial impact to the City. The program supervision is provided by existing staff covered in the department's general fund budget. Recommendation: Adopt Resolution. e 7 8 9 10 11 12 13 e 14 15 16 17 18 19 RESOLUTION NO. , ~(Q)~\\J L 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 MA YOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE 3 AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL 4 RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: SECTION 1. 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 the San Bernardino City Unified School District to provide contractual services for after-school recreation programs at school district 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 authorization granted hereunder shall expire and be void and of no further effect if the agreement 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 20 ill 21 Iii 22 11/ 23 ill 24 /1/ 25 /// 26 Iii e 27 iil 28 iii Ylo, /9 iii I~/Z-/{) ~- e e 18 19 20 21 22 23 24 25 26 e 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 1 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL 2 DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR AFTER-SCHOOL 3 RECREATION PROGRAMS AT SCHOOL DISTRICT SITES. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Meeting, 5 and Common Council of the City of San Bernardino at a 6 7 8 9 thereof, held on the day of , 2002, by the following vote to wit: COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT ESTRADA 10 11 12 MC GINNIS 13 14 15 LIEN DERRY SUAREZ ANDERSON 16 MC CAMMACK 17 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2002. JUDITH V ALLES, MAYOR City of San Bernardino Approved as to form And Legal content: James F. Penman City Attorney f~ e San Bernardino City Unified School District 777 North F Street San Bernardino, CA 92410 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made and entered into this July 1,2002, by and between the SAN BE&"iARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," and, CITY OF SAN BERNARDINO PARKS, RECREATION & COMMUNITY SERVICES DEPT" hereinafter referred to as the "CONSULTANT." R E C 1 TAL S: WHEREAS, the DISTRICT is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special services and advice in financiaL economic, accounting, engineering, legal, or administrative matters, if such persons are specially trained and experienced and competent to perform the special services required; and, WHEREAS, the CONSULTANT itself is, or those hired by the CONSULTANT are, specially trained, experienced and competent to render the special services required by the DISTRICT, and such services are needed on a limited basis; e NOW, THEREFORE, the DISTRICT and the CONSULTANT mutually agree as follows: I. Agreement Term This Agreement shall be for a period beginning, Julv I. 2002 continuing through June 30. 2003. Upon a showing of good and sufficient cause by the CONSULTANT, the DISTRICT may at its discretion, grant such extensions of time as it may deem advisable in whIch the CONSULTANT may accomplish the results required hereunder; provided, however. the DISTRICT shall not be obligated to pay the CONSULTANT any additional consideration if such an extension of time has been granted. II. CONSULTANT's Work The CONSULTANT agrees to provide a variety of learning experiences in the area of art. fitness and sports skills, and values through the provision of staff at each school participating in the Children's After School for Success (CAPS) Program. (See attachment A for participating sites). The DISTRICT reserves the right to add or substitute grants as long as the cost remains within the agreed upon maximum amount. III. Other Terms e In addition to the learning experiences, the CONSULTANT will provide mentors to students in cooperation with the DISTRICT that targets populations of elementary school students as a deterrent to juvenile crime, gangs, and other delinquent behaviors. Also, the . . . CONSULTANT agrees to provide in-kind services/activities for program administration, site supervision, and equipment. [] - No other terms D - Additional terms as follows: IV. Pavment A. The DISTRICT agrees to compensate the CONSULTANT for services rendered to accomphsh the results required hereunder, not to exceed $480,000.00. The CONSULTANT may invoice the DISTRICT as the work progresses for that portion of the work that has been completed. The invoice shall describe in detail the services rendered and must include the CONSULTANT's Social Security or Federal Tax I.D. Number. The DISTRICT shall make payment to the CONSULTANT after receipt and approval of the invoice. Invoices may be submitted after completion of: o o Entire Project o Each one-half o Each one-fourth Each one-third X Other schedule - Not more than monthly upon invoice. B. The CONSULTANT's fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the CONSULTANT under this Agreement. c. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CONSULTANT under this Agreement. D. The CONSULTANT is aware that under Cahfomia law, no disabihty or unemployment insurance will be deducted from payments made to the CONSULTANT or paid by the DISTRICT out of DISTRICT funds. CONSULTANT further recognizes that CONSULTANT cannot claim unemployment benefits after services have been completed. E. If the CONSULTANT is receiving any type of continuing retirement benefits, such as those from Cahfomia State Teacher's Retirement System (STRS) or Pubhc Employees Retirement System (PERS) or other retirement plan, or Social Security, or other similar benefits, the DISTRICT and the CONSULTANT are both aware that continuance of said benefits or continuance at the same benelit amount, is or may be subject to certain hmits on current annual income from pubhc schools and/or other sources in order to maintain full benefits. The CONSULTANT understands and acknowledges that it has full responsibihty for being aware of any hmits and monitoring and not accepting or contracting to accept income in excess of said hmits. Furthermore, the CONSULTANT specifically agrees to indemnitY, defend, and hold harmless (as defined in Section VIII) the DISTRICT, from any habihty or damages resulting from receipt of monies paid under this Agreement, which adversely affect the CONSULTANT's own retirement benefits. V. Responsibilities of the CONSULTANT A The CONSULTANT is ultimately responsible for the results to be achieved under this Agreement. The CONSULTANT itself, or others hired by the CONSULTANT and under the control of the CONSULTANT, may provide the services necessary to achieve the results required under this Agreement. e e e B. The CONSULTANT's services will be provided on an as-needed basis to accomplish the results reqUIred under this Agreement. C. The CONSULTANT will perform services to achieve the results required hereunder in the CONSULTANT's own independent way as an independent contractor in the pursuit of the CONSULTANT's independent calling and not as an employee of the DISTRICT. The CONSULT AJ'\iT 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. D. The CONSULTANT shall provide its services at such times as the CONSULTANT itself determines within the scope of the results to be achieved. If the CONSULTANT is a regular employee ofa public agency (any governmental agency or any agency supported by public tax dollars), all services which the CONSULTANT renders under this Agreement will be performed at times other than the CONSULTANT's regular assigned workday for said entity, or during periods of vacation or leave of absence from said entity, in order that the CONSULTANT shall not receive double compensation from public tax dollars for its time. E. The CONSULTANT shall complete and return to the DISTRICT the Internal Revenue Service Form W-9 when requested to do so by the DISTRICT. F. The CONSULTANT agrees to conduct and certify to the DISTRICT's governing board that it has completed any background check requirements of Education Code sections 45122.\ 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 CONSULTANT. G. The CONSULTANT understands that, as an independent contractor, it is not an employee of the DISTRICT and agrees that it will not purport to be norrepresent itselfas a DISTRICT employee, officer. or agent. The CONSULTANT agrees that it will not act as nor perform in the capacity of a DISTRICT employee. The CONSULTANT 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 CONSULTANT is an employee or representative of the DISTRICT. VI. Information Provided bv the DISTRICT The DISTRICT will prepare and furnish to the CONSULTANT upon the CONSULTANT's request. such mformation as is reasonably necessary to the performance of the CONSULTANT's work under this Agreement. The CONSULTANT understands that all information provided to the CONSULTANT is the property of the DISTRICT and shall not be removed from the DISTRICT's possession. Failure to keep such information confidential and/or failure to return information requested by the DISTRICT is reasonable cause for termination of this Agreement and may subject the CONSULTANT to liability for damages to the DISTRICT. VII. Cancellation for Non-Performance or Non-Compliance of CONSULTANT A. If, at any time during the performance of this Agreement, the DISTRICT determines, at the DISTRICT's sole discretion, that the CONSULT ANT'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 CONSULTANT's services hereunder. In the event of such cancellation, the DISTRICT shall give written notice to the CONSULTANT of such cancellation. In the event of cancellation for unsatisfactory performance, the DISTRICT shall be obligated to pay the CONSULTANT only for that portion, if any, of the results achieved. B. Non-compliance by the CONSULTANT with the terms of this Agreement shall be cause for termination by the DISTRICT. e e e VIII. Hold Harmless The CONSULTANT hereby agrees to indemnifY, defend, and hold harmless the DISTRlCT 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 CONSULTANT or caused by any error, omission, or act of the CONSULTANT or of any person employed by the CONSULTANT or of any others for whose acts the CONSULTANT is legally liable. Said sums shall include, in the event oflegal action, court costs, expenses oflitigation, and reasonable attorney's fees. IX. Special Provisions A. The CONSULTANT shall comply with all applicable federal, state and local laws. rules, regulations. and ordinances, including workers compensation insurance laws. The CONSULTANT understands that as an independent contractor, it is not covered by any type of DISTRICT insurance, including workers compensation insurance. The CONSULTANT 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 CONSULTANT may use independent contractors, volunteers, or others not covered by the CONSULTANT's workers compensation insurance coverage, to provide services hereunder. The CONSULTANT shall advise such persons providing services hereunder at the direction of the CONSULTANT that the DISTRlCT does not provide workers compensation insurance and the CONSULTANT shall hold the DISTRICT harmless from any and all claims for damages that may be asserted by such persons. B. The CONSULTANT 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: , 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 of 1980 (pertaining to ancestry, race, national origin, color, sex, religion, physical handicap, medical condition, marital status, and age) ~ 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 except with the mutual written consent of the parties hereto. D. This Agreement may be amended by the mutual written consent of the parties hereto. e e e E. This Agreement may be terminated by either party with a sixty- (60) day written notice. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below: CITY OF SAN BERNARDINO PARKS, RECREATION & COMMUNITY SERVICES DEPT. SAN BERNARDINO CITY UNIFIED S OL DISTRICT ill L A sistant Superintendent :::"''"~~~ LEMUEL RANDOLPH Director City of San Bernardino Parks, Recreation & Community Services Date: e ATTACHMENT "A" Agreement for Consultant Services between San Bernardino City Unified School District and City of San Bernardino Parks, Recreation & Community Services Department. List of Participating Schools: I. Arrowhead Elementary e 2. Barton Elementary 3. Burbank Elementary 4. Fairfax Elementary 5. Hillside Elementary 6. Inghram Elementary 7. Lincoln Elementary 8. Lytle Creek Elementary 9. Monterey Elementary 10. Mt. Vernon Elementary II. Muscoy Elementary 12. Newmark Elementary 13. Riley Elementary 14. Roosevelt Elementary IS. Wilson Elementary e CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 5, 2002 TO: Lynn Knutson, Recreation Supervisor FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2002-374 At the Mayor and Common Council meeting of December 2, 2002, the City of San Bernardino adopted Resolution 2002-374 - Resolution authorizing the Mayor 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 school district sites. If Attached is one kf) original agreement. Please obtain signatures in the appropriate location and return the original agreement 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 April 1, 2003. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby a~owledge receipt. ofthe above mentioned documents. ,\ ~ . Signed: .'-_/1 .J JJIZ..I~ '--/~ Please sign and return Date: - - O~ CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 5, 2002 YOUR COPY TO: Lynn Knutson, Recreation Supervisor FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2002-374 At the Mayor and Common Council meeting of December 2, 2002, the City of San Bernardino adopted Resolution 2002-374 - Resolution authorizing the Mayor 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 school district sites. Attached is one (l')~ginal agreement. Please obtain signatures in the appropriate location and return the original agreement 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 April!, 2003. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge re eipt ofthe above mentioned documents. Signed: Please sign and return Date: /tJ/l~~-------/ 70 er ~/C.^~c.. /or'Y~/ ,/-7~Tt7'C) ~"""'~7 7"0 S',6USO, CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 12,2002 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-374 - After-School Recreation Programs CC: Attached is a fully executed copy of the agreement with the San Bernardino City Unified School District to provide contractual services for after-school recreation programs at school district sites. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. " . . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 12.- 2,-02- Item # Vote: Ayes I, ~.f) Nays & Change to motion to amend original documents: - l<i Resolution # Abstain .,.g. 'UxYZ - 3'1""1 Absent ~ NullNoid After: I ill 0",,/.5, J '" -\ -C\'~ r Reso, # On Attachments: ~ Contract term: F'j 0 7./ 0 3 Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: - Date Sent to Mayor: 12--3-0'2- Date of Mayor's Signature: 12- -"'\-02- Date ofClerk/CDC Signature: \2-S-0Z- Reso, Log Updated: ~ Seal Impressed: ;/" Date Memo/Letter Sent for Signature: i 2-5"0 L- 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: l/" Date Returned: \7:-1'2....0"2- See Attached: See Attached: Request for Council Action & Staff Report Attached: Yes ..L 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 Copies Distributed to: City Attorney I Parks & Rec, / Code Compliance Dev. Services Police Public Services Water EDA Others: Notes: No By No /' By No'/ By No / By No 7 By Finance ,/ MIS 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: .il:h:- Date: 121'Z-o'Z-- Revised 01/12/0 I