HomeMy WebLinkAbout25-Parks and Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
RESOLUTION OF THE MAYOR AND COMMON
COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH THE SB CITY UNIFIED SCHOOL
DISTRICT TO PROVIDE CONTRACTUAL SVS.
FOR FOURTEEN (14) CREATIVE BEFORE &
AFTER-SCHOOL PROGRAMS FOR SUCCESS
AT SCHOOL DISTRICT SITES FOR THE
PERIOD JULY 1,2007 THROUGH JUNE 30, 2008
AND RATIFYING ALL ACTION TAKEN
BETWEEN JULY 1.2007 AND THE APPROVAL
OF THE RESOLUTION.
Subject:
Dept: Parks, Recreation & Community
Services Dept.
Date: July 26, 2007
MC/C Meeting Date: Julv 16 2007
Synopsis of Previous Council Action:
December 4, 2006 - Resolution # 2006-427, Authorized execution of Agreement to provide
contractual services at school district sites for period October 1, 2006 through June 30, 2007.
Recommended motion:
Adopt Resolution.
Signature
Contact person:
Kevin Hawkins
Phone: 384-5030
Supporting data attached: Staffrepart. Resa & Agreement
Ward: Citywide
FUNDING REQUIREMENTS: Amount:
$344,606
(From Fderal & State Program Funds)
Source: (Acct. No.) 123-594-5014
(Acct. Description) C.A.P.S.
Finance:
Council Notes:
t/ikL
Agenda Item No. 2.S
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
e Staff Report
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute an Agreement with the San Bernardino City Unified School District to
provide contractual services for fourteen (14) Creative Before & After-School Programs for
Success at school district sites for the period July I, 2007 through June 30, 2008 and ratifying a\l
action taken between July I, 2007 and the approval of the Resolution.
Backl!round:
The Creative Before & 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 before & after-
school programs at school sites. The City has been a sub-contractor to the school district in this
program since 1999. Each school site provides teachers and aides to teach educational and
tutorial programs to an average of 27,000 youth a year. The Parks, Recreation and Community
Services Department provides various recreational activities.
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This year we will operate fourteen (14) after-school CAPS and four (4) Sunrise programs. Each
site is staffed with up to six (6) staff persons. Activities consist of sports, games, gardening,
physical fitness, arts & crafts, homework assistance, computer lab, drama, music and dance.
Participant sites are Arrowhead, Bradley, Burbank, Emmerton, Fairfax, Inghram, Lincoln,
Monterey, Mt. Vernon, Muscoy, Newmark, Riley, Roosevelt and Wilson.
Financial Imoact:
In-kind cost for administrative staffis $19, 110 (Senior Recreation Supervisor $3,150 for 8 hours
per month and Recreation Supervisor $15,960 for 2 hours per day, 280 days per year) and
additional screening costs of$I,530 (Drug Testing for 30 new employees $300, TB Testing for
new employees $150 and Background Checks for 30 new employees $1080).
Recommendation:
Adopt the Resolution.
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
AN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
GREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
o PROVIDE CONTRACTUAL SERVICES FOR FOURTEEN (14) CREATIVE
5 EFORE & AFTER-SCHOOL PROGRAMS FOR SUCCESS AT SCHOOL DISTRICT
ITES FOR THE PERIOD JULY 1, 2007 THROUGH JUNE 30, 2008, AND RATIFYING.
6 ACTION TAKEN BETWEEN JULY 1, 2007 AND THE DATE THAT TffiS
7 SOLUTION IS ADOPTED.
RESOLUTION NO.
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BE IT RESOLVED BY THE CITY MANAGER AND COMMON COUNCIL OF
HE CITY OF SAN BERNARDINO AS FOLLOWS:
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xecute on behalf of said City, an Agreement with the San Bernardino City Unified School
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SECTION 1. The City Manager of City of San Bernardino is hereby authorized to
istrict to provide contractual services for fourteen (14) Creative Before & After-School
14 rograrns for Success at school district sites for the period July I, 2007 through June 30, 2008;
e 15 ince the implementation date of the Agreement is July 1,2007, any action taken between July 1,
16 007 and the date that this Resolution is adopted is hereby ratified. A copy of said Agreement is
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ttached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set
orth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
er effect if the agreement is not executed by both parties and returned to the Office of the
ity Clerk within 120 days following effective date of the Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
2 AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO
PROVIDE CONTRACTUAL SERVICES FOR FOURTEEN (14) CREATIVE BEFORE &
3 AFTER-SCHOOL PROGRAMS FOR SUCCESS AT SCHOOL DISTRICT SITES FOR THE
PERIOD JULY 1, 2007 THROUGH JUNE 30, 2008, AND RATIFYING ANY ACTION
4 TAKEN BETWEEN JULY 1, 2007 AND THE DATE THAT THIS RESOLUTION IS
ADOPTED.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
Meeting. thereof. held
on the day of .2007, by the following vote to wit:
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COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT .
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ESTRADA
IO
BAXTER
II
BRINKER
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DERRY
13
KELLEY
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JOHNSON
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MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2007.
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24 Approved as to form
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Patrick J. Morris, Mayor
City of San Bernardino
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Contnu:lNo.. 05106-747-0056 RD
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North F Street
San Bernardino, CA 92410
AGREEMENT FOR
THE CREATIVE BEFORE AND AFTER SCHOOL PROGRAM FOR SUCCESS (CAPS)
TIllS AGREEMENT is made and entered into this 1" day ofJuly 2007, by and between the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the
"DISTRICT", and CITY OF SAN BERNARDINO PARKS, RECREATION &
COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as the "CITY".
RECITALS
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 CITY itself is, or those hired by the CITY are, specially trained, experienced
and competent to render the special services required by the DISTRICT, and such services are
needed on a limited basis; and,
NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows:
1. TERM OF AGREEMENT
A. This Agreement shall be for a period beginning July 1,2007, through June 30,
2008 with four annual options to renew at the discretion of the DISTRICT.
B. 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 an extension of time has been granted.
II. RESPONSffiILITIES OF THE CITY
A. The CITY will provide a variety of learning experiences in the area of art, fitness
and sports skills, and values through the provisions of Recreational Aides at each
school participating in the Creative Before and After-School for Success (CAPS)
Program. A List of participating schools is attached to this agreement as
Attachment" A" and incorporated herein by this reference and made a part hereto.
B.
In addition to the learning experience, the CITY will provide a mentoring
program in cooperation with the DISTRICT that targets populations of elementary
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Contnu:tNo.: 05J06.747.oo56 RD
school students as a deterrent to juvenile crime, gangs, and other delinquent
behaviors. AlSo, the CITY agrees to provide in-kind services/activities for
program administration and site supervision.
C.
The CITY is ultimately responsible for the results to be achieved under this
Agreement. The CITY itself, or other hired by the CITY and under the control of
the CITY, may provide the services necessary to achieve the results required
under this Agreement.
D.
The CITY'S services will be provided on an as-needed basis to accomplish the
results required under this Agreement.
E.
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.
F.
The CITY shall provide its services at such times as the CITY itself determines
within the scope of the results to be achieved. If the CITY is a regular employee
of a public agency (any governmental agency or agent supported by public tax
dollars), all services which the CITY renders under this Agreement will be
performed at times other than the CITY'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.
G. The CITY shall complete and return to the DISTRICT the "CITY Tax
Information - Substitute Form W-9," which is included as an enclosure with the
Agreement package.
H. . 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.
I.
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
45122.1 and 45125.1 and has returned the "Fingerprint and Criminal Background
Check Certification" in advance of providing any contracted services described
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ContJact No.: 05/06-747-0056 RD
herein with the DISTRICT. Any expenses incurred to implement this requirement
will be the sole responsibility of the CITY.
ill.
RESPONSmILITIES OF THE DISTRICT
A The DISTRICT 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
DISTRICT's possession. Failure to keep stich information confidential and/or
failure to return information requested by the DISTRICT is reasonable cause for
termination of this Agreement and may subject the CITY to liability for damages
to the DISTRICT.
B. The DISTRICT reserves the right to add to or substitute grants as long as the cost
remains within the agreed upon maximum amount
IV. CITY'S FEE AND PAYMENT THEREOF
A.
The DISTRICT agrees to compensate the CITY for services rendered in a total
amount not to exceed $344,606.00 (three hundred forty four thousand six hundred
six dollars). This amount is subject to reduction without notice at the sole
discretion of the DISTRICT; any such reduction will usually be, but is not limited
to, a response to loss of grant money for this program. The CITY may invoice the
DISTRICT, on a monthly basis, 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 CITY'S Social Security or Federal Tax I.D.
Number. Payment to the CITY shall be made by the DISTRICT after the 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 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 is receiving any type of retirement benefits, such as those from
California State Teacher's Retirement System (STRS) or Public Employee's
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
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("-.......No. O~747.0056RD
said benefit amount, is or may be subject to certain limits on current AnnllAI
income from public schools and/or other sources in order to maintain full benefits.
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 specifically agrees to
indemnify, defend, and hold harmless (as defined in Section VI) the DISTRICT,
from any liability or damages resulting from receipt of monies paid under this
agreement, which adversely affect the CITY'S own retirement benefits.
v.
INVOICES
Any invoices submitted for these services shall be sent directly to both:
Bobby Pregmon
Student Services, CAP.S. Central Office
1535 W. Highland Ave.
San Bernardino, California 92411
Narciso Cardona, Assistant Superintendent,
Student Services
1535 W. Highland Ave.
San Bernardino, California 92411
The Agreement number on the upper left side of this page should always be referenced in
any correspondence or invoices pertaining to this Agreement to the DISTRICT. The
invoice shall describe in detail the services rendered and must include 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(s).
VI
CANCELLATION FOR NON-PERFORMANCE OR NON-COMPLIANCE OF CITY
A It: 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 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
suspension and/or termination by the DISTRICT. The DISTRICT shall provide
written notice to the CITY including the reasons for suspension or termination
under this provision. If the Contract is suspended, the CITY shall have five (5)
business days to cure the condition(s) for which the suspension was given or the
contract will be terminated.
VII HOLD HARMLESS
A
CITY agrees to indemnify and hold harmless the DISTRICT, its officers, agents,
and volunteers from any and all claims, actions or losses, damages, and/or
liability resulting from COUNSEL'S negligent acts or omissions arising from
CITY'S performance of its obligations under the Agreement.
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Contract No : OSJIl6.. 747.ooS6 RD
B.
DISTRICT agrees to indemnify and hold harmless CITY, its officers, agents, and
volunteers from any and all claims, actions or losses, damages, and/or liability
resulting from DISTRICT's negligent acts or omissions arising from the
DISTRICT's performance of its obligations under the Agreement.
B. . In the event CITY and/or the DISTRICT is found to be comparatively at fault for
any claim, action, loss, or damage which results from their respective obligations
under the Agreement, COUNSEL and/or DISTRICT shall indemnify the other to
the extent of its comparative fault.
vm. SPECIAL PROVISIONS
A. INSURANCE REQUIREMENTS
The following insurance provisions shall be applicable only for such period of time
during the term hereof that the City has not provided to the District a letter or other
written certification from the Risk Management Director of the City stating to the effect
that the City is a self-insured governmental entity for all purposes. In the event the City
is no longer a self-insured governmental entity, then the following provisions as set forth
in this Section shall be applicable to the City during such period of time during the term
hereof that the City is not then a self-insured governmental entity.
CITY shall procure and maintain for the duration of this Agreement insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with performance under this Agreement and the results of that performance
by CITY, its agents, representatives, employees, or subcontractors. All insurance must be
underwritten bya Califomia-admitted carrier. No Purchase Order will be issued and no
work may be performed by CITY under this Agreement until such time as all provisions of
this Article are complied with by the CITY.
All coverage shall be in force throughout the term of this Agreement, except that,
Workers Compensation Insurance and Employers' Liability Insurance' shall be
maintained by the CITY for 2.4 months following the expiration or termination of this
Agreement. If the insurance expires during the term of this Agreement, the CITY shall
immediately provide a new current certificate or be declared in breach of the Agreement.
The DISTRICT reserves the right to withhold all payments until the breach is cured to the
satisfaction of the DISTRICT. Renewal insurance certificates must be tendered to the
DISTRICT at least 30 days prior to the expiration of the previous insurance certificate.
This new insurance shall be in accordance with the terms of this Agreement. In the event
the CITY fails to keep in effect at all times the specified insurance coverage, the
DISTRICT may, in addition to any other remedies it may have, terminate this Agreement
upon the occurrence of such event, subject to the provisions of this Agreement.
Minimum Scope of Insurance
1. Insurance coverage shall be at least as broad as:
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Contract No.: 05106-747-0056 RD
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form
CG 000/) (Current Edition). Said general liability insurance shall be primary with
respect to CITY's obligations under this Agreement and with respect to the interest of
each entity named as an additional insured Any other insurance or self-insurance
maintained by an additional insured shall be excess of said general liability
insurance and shall not contribute with it.
b. Insurance Services Office Form Number CA 0001 (Current Edition) covering
Automobile Liability, code 1 (any auto).
c. Professional Liability (Errors and OmissiOns)
d Workers' Compensation insurance as required by the State of California, including an
insurer's Waiver of Subrogation in favor of the DISlRICT.
e. Employers' Liability Insurance, including an insurer's Waiver of Subrogation infavor
of the D/SlRICT.
f Any insurance required to be carried shall be primary.
Minimum Limits of Insurance
2. CITY shall maintain limits of insurance no less than:
a. Commercial General Liability (including operations, products, and completed
operations, as applicable): $/,000,000.00 per occurrence for bodily injury personal
injury, and property damage.
b. Automobile Liability: $/,000,000.00 per accident for bodily injury and property
damage, including coverage for owned, non-owned and hired vehicles.
c. Professional Liability (Errors cold Omissions) coverage, including sexuaJ mo/estalion
and abuse: $/,000,000.00 per occurre.nce.
d Workers' Compensation insurance coverage shall be as required by the State of
California
e. Employers' Liability Insurance with limits of $/,000,000/ $1,000,000/ $1,000,000 for
bodily injury or disease.
Deductibles and Self-Insured Retentions
3. Any deductibles or self-insured retentions must be declared to and approved by the
DISlRICT. At its option, DISTRICT may require the CITY. at the CITY's sole cost, to:
(a) cause its insurer to reduce to levels specified by the DISTRICT or eliminate such
deductibles or self-insured retentions as respects the DISlRICT, its officers, officials,
employees cold volu11leers; or (b) procure a bond satisfactory to the DISlRICT
guaranteeing payme11l of losses cold related investigations, claims administration, and
defense expenses. The CITY shall be responsible for any deductible or self-insured
retention contained within the insurance.
Required Policy Provisions
4. The commercial general liability, automobile liability, professional liability, and
employers' liability policies are to contain, or be endorsed to contain, the following
provisions:
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Ccmt!llctNo' 05106-747.0056 RD
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a The DISTRICT, its subsidiaries, officers, officials, employees, agenJs, and volunteers
are to be named as additional insured with respect to liability arising out of" activities
performed by or on behalf of CITY (including materials, parts or equipment furniShed
in connection with such activities); products and completed operations of the CITY;
premises owned, occupied, or used by the CITY; or outomobiles owned, leased, hired,
or borrowed by or on behalf of the CITY insofar as operations under the Agreements
are concerned The additional insured coverage must be provided in the form of an
endorsement to the CITY's insurance using ISO CG 20 10 10 01, or equivalent.
b. The coverage shall contain no special limitations on the scope of protection afforded to
the DISTRICT, its subsidiaries, officers, officials, employees, and volunteers.
c. For ~ claims related to the services, the CITY's insurance coverage shall be primary
insurance as respects the DISTRICT, its subsidiaries, officers, officials, employees,
agents, and volunteers. ~ insurance or self-insurance maintained by the DISTRICT,
its subsidiaries, officers, officials, employees, agents, and volunteers is wholly
separate from the insurance of the CITY; shall be eJ<<:ess of the CIlY's insurance and
shall not contribute with it; and in no way relieves the CITY from its responsibility to
provide insurance. All policies shall contain a provision clearly stating the foregoing
requirement that the CIlY's policies are primary insurance and that the insurance oj
the DISTRICT or ~ named insureds shall not be called upon to contribute to any
loss.
d Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled, reduced in coverage or in limits en:ept qfter
thirty (30) days prior written notice by certified mail, return receipt requested, has been
given to the DISTRICT. Statements that the carrier "will endeavor" and "that failure
to mail such notice shall impose no obligation and liability upon the comparry, its
agents or representatives, " will not be acceptable on certificates.
e. Coverage shall not ertend to ~ indemnity coverage for the active negligence of the
additional insured in ~ case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
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Coverage Written on a Oaims-Made Basis
5. For any coverage wrinen on a claims-made basis, the following requirements must be
met:
a. The "Retro Date" must be shown, and must be before the date of the contract or
beginning of the contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years qfter completion of the contract work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy from with a "Retro Date" prior to the contract effective date, the CITY must
purchase "ertended reporting" coverage for a minimum of five (5) years after
completion of contract work.
d A copy of the claims reporting requirements must be submitted to the DISTRICT for
review.
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Acceptability of Insurers
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ConlIBct No.: OSf06. 747..ooS6 RD
6. All policies required shall be issued by licensed insurers who are admitted to transact
business in the State of California; who maintain an agent for process within the
state; and who have a current A.M Best Financial Strength Rating of not less than
A, and Financial Size Category of not less than VII/, unless otherwise approved in
tidvance in writing by the DISTRICT.
Evidence Required
7. The CI1Y shall file with the DISTRICT evidence of insurance from an insurer or
insurers certifying to the coverage of all insurance required herein. Such evidence
shall include Certificate of Liability Insurance (ACORDlM Form 25 or equivalent)
and omendatory endorsements effecting coverage required by this Article. AU
evidence of insurance shall be signed by a properly authorized officer, agelll, or
qualified representative of the insurer authorized by that insurer to bind coverage
on its behalf. All Certificates of Insurance shall reference the contract number;
shall include the name of the CITY submitting the certificate; shall certify the
names of the insured and any additional primllry insureds; shall specify the type
and amount of the insurance, the location and operations to which the insurance
applies, and the expiration dote of such insurance; and shall contain aU of the
endorsements required by this Agreement
All certificates and endorsements meeting requirements of above conditions are to be
received and approved by the DISTRICT before work commences. As an alternative,
the CI1Y's insurer may provide complete, certified copies of all required insurance
policies, including endorsements affecting the coverage required by this Master
Contract.
The District reserves the right to require, at any time, complete, certified copies of
all required insurance policies, including endorsements evidencing the coverage
required by these specifications.
Subcontractors
8. The C/1Y shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor to the
DISTRICT for review and approval. All coverages for subcontractors shall be
subject to all of the requirefnellts stated herein.
Additional Insurance ProVisions
9. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by CITY, and any approval of said insurance by the DISTRICT, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the CI1Y pursuant to this agreement, including but not limited
to, the provisions concerning indemnification.
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Contnu:t No.: 05106-747.0056 RD
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J O. if at any time during the life of the agreement, the CITY fails to maintain in full force
any insurance required by the agreement documents, the DISTRICT may terminate
the agreement.
J J. The DISlRICT may require the CITY to provide complete copies of aJJ insurance
policies in effect for the duration of the Project.
J 2. Neither the DISlRICT. nor the board, nor any member of the board, nor any of the
directors, officers, employees, agents or volunteers shaJJ be personally responsible
for any liability arising under or by virtue of the Contract.
B. ASSIGNMENT
The CITY shall not in any manner, directly or indirectly, by operation of law or
otherwise, assign, transfer or encumber this Contract or any portion hereof of any interest
herein, in whole or in part, without the prior written consent of the DISTRICT. If consent
is not given by the DISTRICT to assign, transfer, or encumber this Contract, such action
shall be deemed automatically void. This Agreement shall not be assignable except with
the mutual written consent of the parties hereto.
C. MODIFICATION
e This Agreement may be amended by the mutual written consent of the parties hereto. If
any actual or physical deletions or changes appear on the face of the Agreement, such
deletions or changes shall only be effective if the initials of both contracting parties
appear beside such deletion or change. .
IX. DISTRICT AND PUBLIC POLICIES
A By signing this agreement the CITY acknowledges receipt and acceptance of the
following DISTRICT policies:
1. Smoking and Use of Tobacco at District Facilities Policy (No. 3520a-b).
2. Affirmative Action Program for Equal Employment Opportunity Policy
(No. 4136).
3. Nondiscriminatory Harassment Policy (No. 4136.1 a-d).
. 4. Drug-Free Workplace Policy (No. 4205).
B.
All parties agree that the CITY shall abide by the same terms and conditions of
conduct as is expected of DISTRICT employees in each of these policies, without
the implication of employment. It is further understood that failure to abide by
these policies may result in immediate termination of this agreement and, in
addition, may result in other personal legal avenues of remedy on the part of the
individuals involved. While it is acknowledged that these policies specifically
address employees of the DISTRICT, it is understood that the CITY is not an
employee of the DISTRICT.
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CootnIctNo' 05/06.747.0056 RD
C.
The CITY 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:
1. Title VI and VII of the Civil Rights Act of 1964. as amended
(pertaining to race, color, national origin, and religion);
2. Title IX of the Education Amendments of 1972
(pertaining to sex discrimination);
3. Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap);
4. The A2e Discrimination Act of 1975
(pertaining to age);
5. The Fair EmDlovrnent and Housing Act
(pertaining to ancestry, race, national origin, color, sex, religion, physical
or mental disability, medical condition, marital status, and age over 40);
and,
6. The Americans with Disabilities Act of 1990
(pertaining to disability)
It is the responsibility of the CITY to ensure that those employed by or
subcontracted by the CITY also adheres to DISTRICT and Public Policies. Tliese
non-discrimination policies cover admission and access .to, and treatment and
employment in, the DISTRICT's programs and activities.
x.
COMPLETE AGREEMENT
This document represents the entire agreement and understanding between the
DISTRICT and CITY. The terms of this Agreement will prevail over any different or
additional terms in any other agreement. One or more waivers of any tenn, cOndition or
covenant by either party shall not be construed as a waiver of any other tenn, condition or
covenant.
CAPS Program: City orSon Bernardino Parks, Recreation &: Community Services Department
Page 10 oft!
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Coo1IaclNo.: 05f06..747-OO56 RD
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO PARKS,
RECREATION & COMMUNITY
SERVICES DEPARTMENT
FRED WILSON
City Manager
Date:
Approved as to Form:
\~d~
S p~C'\C. 010 II'\. $-eJ
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
MOHAMMAD Z. ISLAM
Assistant Superintendent
Business and Finance
Date:
CAPS Program: City of San Bernardino Parl<s, Recreation & Community Services Department
Page 11 of 11
. S8 PARKS AND RECREATION CAPS 2007/08
Site Amount Fund School Totals
Arrowhead $ 6,825 441
Arrowhead $ 8,963 458 $ 15,788
Bradley $ 12,592 442 $ 12,592
Burbank $ 10,608 458
Burbank $ 26,931 458 $ 37,539
Emmerton $ 11,950 478 $ 11,950
Fairfax $ 31,050 458
Fairfax $ 11,880 458 $ 42,930
Ingrham $ 17,925 458 $ 17,925
Lincoln $ 7,887 458 $ 7,887
Monterey $ 28,680 458
Monterey $ 15,296 458 $ 43,976
Mt. Vernon $ 15,774 458 $ 15,774
Muscoy $ 33,750 477 $ 33,750
Newmark $ 63,360 443 $ 63,360
Riley $ 23,095 442 $ 23,095
Roosevelt $ 8,000 458 $ 8,000
Wilson $ 10,038 441 $ 10,038
$ 344,604 $ 344,604
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San Bernardino City Unified School District
777 N. F Street, San Bernardino, CA, 92410
Fingerprint and Criminal Background Check Certification
In accordance wIth Department of Justice (DOJ) fingerprint and crimInal background
Investigation requIrements of Education Code section 45125.1 et seq.
Woth respect to the Agreement dated , between the San Bernardino City Un_
SchoolDlstrtct "DISTRICT" and the individual, cQmpany, Ot contractPr namedlili1:y yf ~~ 2 R~H~srl; nn
"VENDOR,"forprovlslonol cDntractua I serVlces tDr sc fOOT a t 1 t services,
P!Mse check all appropriate box" and sign below:
REOUIREMENTS MET:
o A)
The VENDOR hereby certifies to the DISTRICrs governing board that K has complatad the crimInal
beckground check requirements 01 EducatIon Code (EC) section Mi125.1 and that none 01 Its employ...
that may come Into contact wKh DISTRICT students ha.e been con.lcted oIa .Iolentlelony listed In
Penal Code section 667.5(c) or a sarlouslelony listed In Penal Code section 1192.7(c).
List below. or Mtach, all emplGyM nam.. that MVI succeufully completed thl fingerprinting and
criminal background check cl..rance In accordance with the law.
SUVICES MAY BEGIN AnIER A PURCHASE ORDER IP.O.I15lSSVEDTO THE vt:NDOR.
-0 R--
REOUEST FOR WAIVER:
IF YOU ARE REQUESTING A WAIVER, BE ADVISED THAT NO SERVICES ARE TO BE PROVIDED
UNTIL SUCH WAIVER IS APPROVED BY THE DISTRICT AND A P.O. IS ISSUED.
1tJ B) The VENDOR requests a waiver 01 the Department 01 Justlce(DOJ) flngarprlntand criminal background
In.estigatlon lor the following reason(s) psrmllled by Education Code sacIIon Mi125.1 etseq.
o The VENDOR and its employees will have NO CONTACT with pupils. (No schooI...site services will be provided.)
o The VENDOR and its employees will have LIMITED CONTACT with pupils. (Attach infonnation about length of time
on school grounds. proximity of wor1< area to pupil areas, whether VENDORrrts employees will be wor1<ing by
themselves or with others, and any other factors that substantiate limited contact) (Ee 45125.1{C))
IJ The VENDOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupilS but will assure thai
ONE(1) OR MORE of the fotlowing methods are utilized to ensure pupil safety. (EC 45125.2(a))
- Check all methods to be used:
o
[jQ
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1} Installation of a physical barrier at the worksite to limit contact with pupils
2) Continual supervision and monitoring of all employees of the VENDOR by an employee o~ the
VENDOR who has not been convicted of a serious or violent felony as ascertained by the DOJ
3} Surveillance of employees of the VENDOR by school personnel
o The services provided by the VENDOR are for an -EMERGENCY OR EXCEPTIONAL SITUATION, such as
when pupil health or safety is endangered or when repairs are needed to make school facilities
safe and habitable- lEe 45125.1(b))
By signing below, under penalty 01 ps~ury. I certify !hat the Information contained on this certlflcation
fonn and attached employ.. Ust(s) Is accurate. I understand that It Is the VENDOR's sole responsibility to
main"ln. update and provide the District with current "Fingerprint and Criminal Background Check
Certificlltton", along with the employ.. list, throughout the duration of VENDOR provided ..rvice..
Fred Wilson City Manager
Office
us.
only
AuthoriHd VENDOR Slgnetutw PrlntN N.me
BOTH OISTRICT APPROVALS SHOWN BELOW ARE RE VIRED:
WAIVER REQUEST: APPROVED
DENIED
TI..
Do..
By: Da~
~ l. IsHIm, Sfaineu AdminiftratOf. Business Setvices 0ivW0n OR 0thBr AUlhOttzed Dittrlr:t AgMt
WAIVER REQUEST:
DENIED
By: Da~
H.,-oId VotIJIornmet; Aut. Superintend&nt HlJm~n Resources DMsiotI OR Oth., Authorized District Agent
Revised July 14,2005
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BUSINESS AND NON-
INSTRUCTIONAL OPERATION
Policy No. 3520a
SMOKING AND THE USE OF TOBACCO AT DISTR.ICI' FAm .ITJP.C:
The Board of Education of the San Bernardino City Unified School District recognizes the
increasing evidence of health hazards resulting from the use of tobacco products. It also RlCOg-
nizes thaI there are people who choose to use tobacco products. Therefore, in the best interests
of the District and its students and employees, the Board of Ed........tion establishes the following
policy on smoking at District facilities.
1.0 Smokinl! at Districl Facilities
1.1 Students
II shall be the policy of the San Bernardino City Unified School District to
enfon:e the laws on student smoking and use of tobacco products as detailed
in the Education Code and other regulations:
Education Code Section 48901:
a)
No school sball permit the smoking or use of tobacco, or any product
containing tobacco or nicotine products, by pupils of the school while the
pupils are on campus, or while attending school-sponsored activities or
while under the supervision and control of school districl employees.
b) The governing board of any .scbool district maintaining a high school shall
take all ~".'Y steps il deems pIactical to discourage students from
smoking.
1.2 Non_c:tntlNlt.
Effective July I. 1995. SRIoking and the use oflobacco products by employees
and visitors will be prohibited on all District property and in all District vehicles.
Appropriate notices shall be posted. (Health and Safety Code Section 24167.)
1.3 Site administrators and supervisors will enforce smoking and IObacco regulatioDS
as set forth in this policy.
2.0 AssidAnce
The District will make available 10 employees and students a Iisl of clinics and other
agencies that provide programs which assist individuals who wish to Slop smoking or
using other tobacco products. II will also IcCep members of the District informed of
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BUSINESS AND NON-
INSTRUCTIONAL OPERATION
Policy No. 3520b
current research about the detrimental effects of smolcing, smote inbalation and tobacco
usage.
3.0 Enforcement
All employees will comply and are expected to enforce this policy.
Adopted by Boud of Education: September 3. 1991
Revised: December 20. 1994
Revised: June 6, 1995
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PERSONNEL
Policy No. 4205
DRUG-FREE WORKPLACE
The San Bernardino City Unified School District provides a drug-free workplace for all its
employees. The unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited during working hours, at District activities, or on District property. This
includes being unlawfully under the influence of a controlled substance during working hours, at
District activities, or on District property. Violation of this policy will result in disciplinary action
up to and including dismissal from District employment
)
The District offers an Employee Assistance Program (EAP), which includes drug counseling and
rehabilitation. Employees may use the EAP free of charge. All EAP counseling is confidential.
Employees must notify the District of any criminal drug statUtory conviction for a violation occlllring
in the workplace no later than five (5) days after such a conviction. The Superintendent or his
designee shall notify the applicable federal agency within ten (10) days after receiving notice ofan
employee's workplace conviction or otherwise receive the actual notice of such a conviction.
The Superintendent or his designee shall prepare procedures to implement this policy.
This drug-free workplace policy shall be communicated to all employees.
Pre-el11plovrnent
All candidates for initial employment must be tested for illegal drugs following a conditional offer of
employment and prior to working. In addition, all candidates for employment in safety sensitive
occupations, including the following: School Police, School Police Dispatch, Campus Security,
School Security, and all positions requiring a commercial driver's license, must be tested for illegal
drugs following a conditional offer of employment and prior to working in the safety sensitive job.
Random. and Post:Accident Alcohol and Dmll Testini
At least 50 percent of all employees in positions requiring a commercial driver's license must be
random tested for alcohol and drugs. Testing must be performed quarterly. Employees in positions
requiring a commercial driver's license must be tested for alcohol and drugs following an accident
resulting in any of the following circumstances: I) a fatality; 2) someone requiring medical
treatment away from the accident scene; 3) one of the vehicles involved being towed from the scene;
and/or 4) the District's driver receiving a citation arising from the accident.
NOTE: See related Procedure No. 421 Oa-b
Adopted by the Board of Education: Apri118,l989
Amended: August 2, 1994
Amended: Of,cember?,IQ97
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BUSINESS AND NON-
INSTRUCTIONAL OPERATION
Policy No. 3S2Oa
SMOKING AND THE USE OF TOBACCO AT DISTRICT FAcn _1TT"'-~
The Board of Education of the San Bernardino City Unified School District recognizes the
increasing evidence of health hazards resulting from the use of tobacco products. It also recog-
nizes that there are people who choose to use tobacco products. Therefore, in the best interests
of the District and its students and employees, the Board of Education establishes the following
policy on smoking at District facilities.
1.0 Smokinll at District Facilities
1.1 Students
It shall be the policy of the San Bernardino City Unified School District to
enforce the laws on student smoking and use of tobacco products as detailed
in the Education Code and other regulations:
Education Code Section 48901:
a)
No school shall permit the smoking or use of tobacco. or any product
containing tobacco or nicotine products, by pupils of the school while the
pupils are on campus, or while attending school-sponsored activities or
while under the supervision and control of school district employees.
b) The governing board of any school district maintaining a high school shall
take all necessary steps itdeems practical to discourage students from
smoking.
1.2 Non-Students
Effective July I, 1995. smoking and the use of tobacco products by employees
and visitors will be prohibited on all District property- and in all District vehicles.
Appropriate notices shall be posted. (Health and Safety Code Section 24167.)
1.3 Site administrators and supervisors will enforce smoking and tobacco regulations
as set forth in this policy.
2.0 Assistance
The District will make available to employees and students a list of clinics and other
agencies that provide programs which assist individuals who wish to stop smoking or
using other tobacco products. It will also keep members of the District informed of
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PERSONNEL
Policy No. 4136
AFFIRMA TTVE ACTION PROGRAM FOR EOUAL EMPLOYMENT OPPORTUNITY
'I>
Statement of Policy
The Board of Education of the San Bernardino City Unified School District, in compliance with
Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972,
Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment
Act of 1967. the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990,
the federal Family and Medical Leave Act, California Family Rights Act and Fair Employment
and Housing Act, reaffirms its policy as an Equal Opportunityl Affirmative Action employer to
ensure that all persons are provided equal opportunity in employment and education and to
prohibit discrimination on the basis of race, color, sex, age, national origin, ancestry, marital
status, physical disability, mental disability, medical condition, religion, family care and medical
leave entitlement, or veteran's status, and to make reasonable accommodations to the physical
and mental limitations of qualified individuals with disabilities to the extent feasible.
The Board recognizes its legal and moral responsibility to society, in general, and specifically to
ensure that progress is being made toward increasing the level of representation of minorities,
women, and the disabled in the work force with their availability in the labor pool. Therefore, an
Affirmative Action Employment Program was adopted in 1973 and institutionalized as an ongo-
ing commitment to ensure that all employment actions such as recruitment, hiring promotions
and placement decisions are made solely on the basis of an individual's merit and qualifications
without regard to race, color, sex, age, national origin, ancestry, marital status, physical disabil-
ity, mental disability, medical condition, religion, family care leave entitlement or veteran's
status, and all other personnel activities which include, but are not limited to, benefits, transfers,
demotions, training, and upward mobility programs.
Beyond complying with the letter of the law, the District recognizes that within our pluralistic
society the educational institution has an obligation to promote cultural, racial, and human
understanding within the communities it serves. An effective method of achieving this objective
is to provide students with a District staff which is reflective of both sexes, as well as multiethnic
and cultural characteristics of society. For these reasons, the District wilI continue to design and
develop programs and activities to seek out and attract qualified members of "protected groups"
which will provide us with a broader diversity of personnel and ultimately reach our desired
Affirmative Action goals where they are underutilized.
Note: A copy of the Affirmative Action Program Handbook is on file in the Affirmative Action
Office.
Adopted by the Board of Education: June 5,1980
Revised: September 17,1996
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PERSONNEL
Policy No. 4136.la
NONDISCRIMINATORY HARASSMENT POllCY
Pumose:
To prevent discriminatory harassment in the work place and educational environment.
Rewlation:
I. Policv S'.'''''''ent:
The San Bernardino City Unified School District is committed to providing all employees and
students a working and learning environment that is free of discrimiDation in accordance with
applicable state and federa1laws. This nondiscriminatory working and learning environment is
for the benefit of all District employees (non-supeMsory. supervisors and JIIlIIIIIgerDent) and
students. All employees are expected to fully comply with this policy. Additionally, non-
employees who have contact with the District's employees or students during working or
educational hours are expected to conduct themselves in accordance with this policy. Absolutely
no one is authorized to engage in conduct prohibited by this policy.
In keeping with this commitment to a nondiscriminatory working environment, the District
maintains a strict policy prohibiting sexual harassment and hara~t based on age over forty,
lace, color. sex, religious creed. national origin, ancestry, medical condition-. marital status,
physical or mental disability. sexual orientation, ~-, or family ~ and medical leave
entitlement in accordance with applicable state and federal laws. This policy prohibits all forms .
of discriminatory harassment through any means, including DOnverbal, verbal (mcluding
derogatory comments, slurs. propositions, teasing, jokes or taunts), physical (mcluding gestures,
touching, obstructing or otherwise interfering with a person's movement) or visual (including
leering. cartoons, drawings, magazines, notes, letters or posters).
This policy prohibits all conduct by which an employee or student because of race, religious
creed, color. national origin, ancestry, physical disability, mental disability, medical condition*,
marital stIIlUs, age over forty, sex, sexual orientation, gender*-, or family care and medical leave
entitlement, is subjected to unwelcome, offensive, intimidating, oppressive or otherwise
interfering harassment.
*"Medical Condition" is defined, in accordance with the California Fair Employment and
Housing Act, as any health impairment related to or lISSOCiated with a diagnosis of cancer, for
which a person has been rehabilitated or cured. based on competent medical evidence.
""Gender" is defined as the person's actual sex, or the perception of the person's sex, and
includes the perception of tile person's identity, appearance, or behavior, whether or not that
identity, appeanmCll, or behavior is different from that traditionally associated with that person's
sex at birth. The district may require persons to comply with reasonable workplace appearance,
grooming, and dress standards consistent with state and federal law , provided that persons are
allowed to appear or dress consistently with their gender identity.
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PERSONNEL
Policy No. 4136.lb
2. Sexual Harassment:
All of the foregoing apply to complaints of sexua1 harassment. For the purpose of clarification,
prohibited sexual harassment includes but is not limited to unwelcome sexual advances, requests
for sexual favors and other verbal, nonverbel. visual or physical conduct of a sexual nature
where: (I) submission to such conduct is made either explicitly or implicitly a term or condition
ofan individual's employment or education; or (2) submission to or rejection ofsuch conduct by
an individual is used as the basis for employment or educational decisions effecting such
individual; or (3) such conduct bas the purpose or effect of substantially interfering with wort or
educational performance or creating an intimidating, hostile, or offensive working or learning
environment.
3. Examples of prohibited harassing acts:
. Unwelcome sexual advances or sexual propositions
. Kidding. teasing, or joking of a sexual nature or of other protected bases delineated in Section
1. above
. Graphic commentary about an individual's body, sexual prowess or sexual deficiencies
. Derogatory or demeaning comments about anyone's gender in general or gender identity or
expression, epithets, slurs or jokes about one's race,color. national origin, religious creed.
physical or mental disability, age (40 and over), sex, gender identity or expression, sexual
orientation, or marital status
. Leering or staring at someone
. Unwelcome suggestive or insulting sounds such as whistles, kissing sounds, howling, or
sucking noises
. Touching, patting, pinching, stroking, squ-n'1g, tickling or brushing against another's body
. Displaying offimsive objects, pictures, calendars, cartoons, magazines, videotapes, audio
recordings or literature which are sexual in nature
. Unwelcome use of sexually degrading language or innuendoes
. Obscene gestures
. Consensual sexual relationships:
Romantic or sexua1 relationship of any employee with. elementary or secondary students is
clearly prohibited pursuant to state molestation laws concerning adults and children.
Romantic or sexua1 relations between an adult student and faculty member or between a
subordinate employee and hislher superior can raise "serious concerns" where there may be a
conflict of interest and abuse of power. Such relations may lead to favoritism of a student or
subordinate employee with whom the teacher of superior is sexually involved and where such
favoritism adversely affects other students and/or employees
. Unwanted neck or shoulder massage
. Spreading rumors about a person's sexuality
. GMffitiaboutaperson~semWty
· Letters, notes, telephone calls, e-mail or materials of a sexual nature
. Stalking a person
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PERSONNEL
Policy No. 4136.1c
. Attempted or actual sexual assauJt
. Making or threatening reprisals after a negative response to sexual advances
. Impeding or blocking of one's movement
. Repeatedly asking out a person who is not interested
4. Enforcement:
Disciplinary action up to and including tennination wilI be promptly taken against any emplo}<<
(non-supervisory, supervisor or manager) if it becomes known to management that such person
bas engaged in conduct prohibited by this policy.
5. No Retaliation:
No employee or students shall be retaliated against. in any manner, for reporting conduct which
he/she believes to be a violation of this policy, for participating in an investigation of a possible
violation of this policy, or for using the District's Complaint Procedure.
RetaIiation against anyone reporting or perceived to have reported sexual harassment behavior is
prohibited. Any retaliatory conduct shall be considered a serious violation of this policy and
shall be independent of whether a complaint of sexual harassment is substantiated. Moreover,
encouraging others to engage in retaliatory conduct also violates this policy.
Examples of prohibited retaliation:
Unfair grading
Unfair evaluation
Unfair assignment
Public or private ridicule
Oral or written threats
Intimidation
Destruction of property
Further harassment
6. Comolaints:
Individuals who have been subjected to discriminatory harassment have an obligation to .
immediately report the incident or incidents to their immediate supervisor or the District's
Aftinnative Action Officer, who is also the District's TrtIe IX Coordinator. The complaint wilI
be proc~5sed in accordance with the District's Uniform Complaint Policy and Procedure.
The procedure set forth pUISllant to the District's Uniform Complaint Policy and Procedure does
not deny the right of any individual to pUISUe other avenues of remedy under the jurisdiction of
any state or federaIlaw.
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PERSONNEL
Policy No.4 136.ld
The confidentiality of the reporting or complaining party will be observed provided it does nOt
interfere with the district's ability to investigate or take corrective action.
7. Notifications:
Pursuant to Educational Code 212.6, a copy of this policy will be displayed in a prominent
location in the main administrative building or other areas of the school site. A prominent
location is a location where notices regarding the District's rules. regulations. procedures, and
standards of conduct are posted.
Also, a copy of this policy will be provided to each person employed by the school district at the
beginning of the first quarter Dr semester of the school year, Dr at the time that a new employee is
hired.
A copy of this written policy on sexual hmassment will appear in any District publication that
sets forth the comprehensive roles, regulations, procedures, and standards of conduct for the
DistricL
Site administrators or immediate supervisors who receive a sexual harassment incident report
from any employee. non-employee or the public are required to submit a report to the Affirmative
Action Office in order for the Affirmative Action Office to maintain a record of complaints.
Adopted by the Board of Education: June 26.1984
Revised: January 21, 1992
Revised: July 6, 1993
Revised: February 18, 1997
Revised: December 4, 2001
Revised: May 18, 2004