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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ANNIE F. RAMOS, DIRECTOR
Subject:
RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE
MAYOR OF THE 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.
Dept: PARKS, RECREATION & COMMUNITY SERVICES
Date: SEPTEMBER 27, 2000
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Synopsis of Previous Council Action:
March 6,2000 - Mayor and Common Council approved Resolution No. 2000-46 for the 1999-2000 Children's After-
School Program for Success.
Recommended Motion:
Adopt Resolution.
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Contact person: John A. Kramer
Phone: 5031
Supporting data attached: Staff Renort. Resolution and Agreement
Ward: City - Wide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. DescriDtion) ~
Finance:~k/~/B
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
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.
Backl!round:
The Children's After-School Program for Success (C.A.P,S,) has been implemented at
thirteen schools within the San Bernardino Unified School District as a result of a grant
received by the district 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,
This agreement will be for a period beginning July 1,2000 through June 30, 2001. Parties
to this agreement have initiated services while awaiting a written agreement from the San
Bernardino City Unified School District
Financial Impact:
This program enables this department to provide after-school programming at the thirteen
additional schools. The agreement amount is for $100,000 to cover 100 percent of costs
for part-time staff, This will allow the department to provide two part-time staff at
thirteen sites for three hours per day, Monday - Friday. Supplies and equipment have
already been provided by the district
There is no additional financial impact to the City. In-kind support required in the grant
includes administration, site supervision, and furnishing of some supplies such as first aid
kits and game boards. These are covered in the department's general fund budget
Recommendation:
The Parks, Recreation and Community Services Department recommends adoption of the
resolution allowing the Mayor 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,
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, I CHILDREN'S AFTER-SCHOOL PROGRAM FOR SUCCESS (CAPS)
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Arrowhead
3825 Mt. View Avenue
San Bernardino, CA 92405
Lytle Creek
275 S. "K" Street
San Bernardino, CA 92410
Barton
2214 Puma10 Street
San Bernardino, CA 92404
Monterey
794 Monterey Street
San Bernardino, CA 92410
Fairfax
1362 Pacific Street
San Bernardino, CA 924404
Mt. Vernon
1271 W. 10th Street
San Bernardino, CA 92411
Hillside
4975 N. Mayfield Avenue
San Bernardino, CA 92407
Muscoy
2119 W. Blake Street
San Bernardino, CA 92407
Inghram
1695 W. 19th Street
San Bernardino, CA 92411
Newmark
4121 N. Third Avenue
San Bernardino, CA 92407
Lincoln
255 W. 13th Street
San Bernardino, CA 92405
Riley
1266 N. "G" Street
San Bernardino, CA 92405
Roosevelt
1554 N. Gamer Avenue
San Bernardino, CA 92411
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE 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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of 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 attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though foI1l1 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 60 days following effective date of the Resolution.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE 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.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Conunon Council of the City of San Bernardino at a
Meeting,
thereof. held on the
day of
, 2000, by the
following vote to wit:
COUNCIL MEMBERS
AYES NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MC GINNIS
SCHNETZ
SUAREZ
DEAN-ANDERSON
MC CAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2000.
JUDITH V ALLES, MAYOR
City of San Bernardino
Approved as to form
And Legal content:
James F. Penman
City Attorney
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San Bernardino City Unified School District
777 North OF" Street
San Bernardino, CA 92410
ORIGINAL
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AGREEMENT FOR CONSULTANT SERVICES
TIllS AGREEMENT is made and entered into this July 1,2000, by and between the SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," and CITY OF SAN BERNARDINO
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as the
"CONSULTANT,"
R E C I T A I. 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;
NOW, THEREFORE, the DISTRICT and the CONSULTANT mutually agree as follows:
I. Al:reement Term
This Agreement shall be for a period beginning July 1,2000, continuing through June 30, 2001,
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
CONSULT ANT any additional consideration if such an extension of time has been granted,
II. CONSULTANT's Work
CONSULTANT agrees to provide a variety oflearning experiences in the area ofart, fitness and sports skills,
and values though the provision of Recreational Aides at each school participating in the Children's After-
School for Success (CAPS) Program.
The DISTRICT reserves the right to add or substitute grants as loog as the cost remains within the agreed upon
maximum amount,
III.
Other Terms
o - No other terms OR 1ZI Additional terms follow:
In addition to the learning experiences, the CONSULTANT will provide a mentoring program 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.
IV. Payment
A. The DISTRICT agrees to compensate the CONSULT ANT for services rendered to accomplish the
results required hereunder, not to exceed $100,000,00, The CONSULT ANT 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
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Federal Tax I.D. Number. Payment to the CONSULTANT shall be made by the DISTRICT after
receipt and approval of the invoice. Invoices may be submitted after completion of:
o
Entire Project
o
Each one-half
o
Each one-third
o
Each one-fourth
IXI 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 California law,.no disability 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
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
CONSULTANT 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. The CONSULT ANT 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 CONSULTANT specifically
agrees to indemnify, defend, and hold harmless (as defined in Section VIII) the DISTRICT, from any
liability or damages resulting from receipt of monies paid under this Agreement, which adversely affect
the CONSULT ANT's own retirement benefits.
V. ResDonsibilities of the CONSULTANT
A The CONSULT ANT 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
CONSULT ANT, may provide the services necessary to achieve the results required under this
Agreement.
B. The CONSULT ANT'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
CONSULTANT 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 CONSULT ANT shall not receive double compensation from
public tax dollars for its time.
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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 45122.1 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 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 nor represent itself as a DISTRICT employee,
officer, or agent. The CONSULT ANT agrees that it will not aet 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 by the DISTRICT
The DISTRICT will prepare and furnish to the CONSULTANT upon the CONSULTANT's request, such
information as is reasonably necessary to the performance of the CONSULTANT's work under this Agreement.
The CONSULT ANT 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 CONSUL T ANT
A. If, at any time during the performance of this Agreement, the DISTRICT determines, at the
DISTRICT's sole discretion, that the CONSULTANT'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, ifany, of the results achieved.
B. Non-compliance by the CONSULTANT with the terms of this Agreement shall be cause for
termination by the DISTRICT.
VIII. Hold Harmless
The CONSULTANT 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 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 of legal action, court costs, expenses of
litigation, 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
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that as an independent contractor, it is not covered by any type of DISTRICT insurance, including
workers compensation insurance, The CONSULTANT sball 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 hereundeL The
CONSULTANT shall advise such persons providing services hereunder at the direction of the
CONSULTANT tbat workers compensation insurance is not provided by the DISTRICT and the
CONSULTANT shall hold the DISTRICT harmless from any and all claims for damages that may be
asserted by such persons,
R 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 Ril!hts 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 Rebabilitation Act of 1973
(pertaining to handicap); and
. The Age Discrimination Act of 1975
(pertaining to age)
. The Fair Emolovment and Housinl! Act of 1980
(pertaining to ancestry, race, national origin, color, sex, religion, physical handicap,
medical condition, marital status, and age)
. 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 sball 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 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,
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tONSULTANT
Name:
Title:
City of San Bernardino
Parks, Recreation and Community Services
Date:
NA ISO CARDONA
Assi tant Superintendent
Student Services Division
Date:
5
Y UNIFIED
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
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DATE:
October 20, 2000
TO:
Annie F. Ramos, Director
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2000-310
At the Mayor and Common Council meeting of October 16,2000, the City of San Bernardino
adopted Resolution 2000-310 - Resolution 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.
Enclosed are two (2) original agreements. Please sign where indicated on the agreements and
return the fully executed agreements to the City Clerk's Office as soon as possible, to my
attention.
Please retain a copy of the agreementfor your jiles.
Please be advised that the resolution and contract will be null and void if not executed by
December 15, 2000.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Rachel Clark
City Clerk
By: Michelle Taylor
Senior Secretary
I hereby acknowledge receipt ofthe above mentioned documents.
Signed: ~ j-7C~
Please sign and return.
Date: /0 -~ '-f -t7C;>
'-Tllr':
2000-.:':'10
October 26, 2000
Narciso Cardona
Assistant Superintendent, Student Services Div.
San Bernardino City Unified School District
777 N. F Street
San Bernardino, CA 92410
Dear Mr. Cardona,
Enclosed is one signed agreement between the City of San Bernardino and the San Bernardino
City Unified School District for consultant services. I am forwarding this agreement to you for
your files.
If you have any questions, please call me at (909)384-5002.
Sincerely,
Michelle Taylor
Senior Secretary
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 10- I io -o() Item # \ r'[ Resolution #
Vote: Ayes I-I") Nays g Abstain-e-
Change to motion to amend original documents:
2CX--{') - 3 \ ()
Absent ~
Reso. # On Attachments: L
Contract term:
-
NullNoid After: /2.-1.5; -()()
Date Sent to Mayor: 10- 11-00 Date Returned from Mayor:
Date of Clerk's Signature: ;O"cO .-ciJ Reso. Log Updated:
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Seal Impressed:
Date of Mayor's Signature: Ie -\Cj-CJc.:)
v-'
Date Memo Sent to Department for Signature: \ (:) ';:)6 -.:y:.) See Attached: L Date Returned: 10 'J.'-j-C 0
Date Letter Sent to Outside Party for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
-
See Attached: =- Date Returned:
See Attached: -=--
See Attached: .~
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Note on Resolution of Attachment stored separately: -=-
Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
See Attached: -
Ves L No By
Ves No ..L By
Ves No ...L. By
Ves No t/ By
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Ves No / By
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
City Attorney
Parks & Rec.
Copies Distributed to:
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Code Compliance Dev. Services
Police Public Services Water
EDA
Finance
MIS
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: 1)'1\
Date: () 'oS'ocl