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. CITY OF SAN BERN()tDINO - REQUEST lOR COUNCIL ACTION
~ RESOLUTION OF THE CITY OF SAN BERNAROINO
From: Annie F. Ramos, Director Subject: AUTHORIZING THE EXECUTION OF A WORK CREW
CONTRACT BETWEEN PARTNERSHIP WITH INDUSTRY-
Dept: Parks, Recreation & Community Services PWI AND THE CITY OF SAN BERNARDINO PARKS,
RECREATION AND COMMUNITY SERVICES DEPARTMENl
Date: July 9, 1991 TO PROVIDE WORK CREWS AT PARK FACILITIES.
Synopsis of Previous Council action:
September 5, 1990
Approved a9reement with City Schools for trainin9 handicapped students. Resolution #90-391.
Recommended motion:
Adopt the Resolution.
a 7.~~
Signature
Contact person: Tom Boggs
Phone:
5032
Supporting data attached: Staff Report, Resol uti on & Agreement Ward:
FUNDING REQUIREMENTS: Amount: $1,916.03 wunt.I-~
Source: (Acct. No.! 001-382- 531~
k
City Wide
;l~ 99::l-0-0~
/
(Acct. Description)
Finance:
Council Notes:
75-0262
Agenda Item No S ~
, CITY OF SAN BERNO'DINO - REQUEST 1\:)1 COUNCIL ACTION
,
STAFF REPORT
RESOLUTION AUTHORIZING THE
EXECUTION OF A WORK CREW CONTRACT
BETWEEN PARTNERSHIPS WITH INDUSTRY-PWI
AND CITY OF SAN BERNARDINO PARKS,
RECREATION AND COMMUNITY SERVICES
DEPARTMENT TO PROVIDE WORK CREWS AT CITY
PARKS FACILITIES
The Parks, Recreation and Community Services Department staff
has worked with City schools Special Education Department for
the past year to use parks and recreation facilities as
training sites for handicapped students who were in need of
learning job tasks which would assist them in finding gainful
employment. The School District provided a work crew of four
(4) to six (6) students with a teacher and teacher's aide
assigned to a park site to do on-the-job training in such
tasks as painting over graffiti, weeding plant beds, cleaning
buildings and restrooms, planting trees and shrubbery and
removing litter from the grounds. This program was a pilot
program and every element was coordinated between Special
Education staff and City Parks, Recreation and Community
Services staff before students and teachers were assigned to
worksites.
The program has proven successful and the students who were
trained have exited school and are now available for work
through Partnerships with Industry - PWI - a private non-
profit agency which is funded by the State of California
Department of Vocational Rehabilitation (VR) and the Habita-
tion Division of VR.
PWI brings together individuals with disabilities, employers
and the community through "supported employment". Supported
employment means that PWI assists individuals with disabili-
ties in finding and keeping jobs in their communities,
working to design a program that is beneficial to client and
consumer, and ensuring that community labor needs are being
met.
The work crews which the city Parks, Recreation and Community
Sevices Department will receive are those individuals who
were trained during the past year in the Special Education
Career and Vocational Training Program in which the City
continues to be a participant. The fact that individuals who
are trained in this program are actually reaching their goal
of gainful employment and realizing that they can be
contributing members of the community is most gratifying.
75-0264
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The Work Crew Contract has been reviewed by city Attorney and
Risk Management Staff. The city will be paying for crews of
six (6) workers who will work Monday through Friday from 9:00
a.m. to 2:30 p.m. The crews will be responsible for such
duties as painting, building and restroom cleaning, litter
removal, weed control and planting of trees, shrubs and other
plants. The workers are provided workers compensation and
liability insurance-through PWI. The City will provide sites
for work and the crews will be subject to the same personnel
policies of other City temporary part-time employees for
breaks and lunch periods.
This work crew contract will provide the vehicle for a
continuing, worthwhile and beneficial endeavor between public
and private agencies to meet the needs of a significant part
of our population. It is recommended that this contract be
approved.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT TO EXECUTE A CONTRACT BETWEEN THE CITY AND
PARTNERSHIPS WITH INDUSTRY-PWI, A PRIVATE NON-PROFIT AGENCY,
TO PROVIDE WORK CREWS TO PERFORM MAINTENANCE DUTIES AT CITY
PARKS FACILITIES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Director of Parks, Recreation and
Community Services Department of the City of San Bernardino
is hereby authorized and directed to execute on behalf of
said city a contract with partnerships with Industry-pwI, a
private, non-profit agency, to provide work crews to perform
maintenance duties at City Parks facilities, a copy of which
is attached hereto, marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
SECTION 2.
The agreement authorized
by this
resolution shall not take effect until fully signed and
executed by both parties.
Neither party shall be obligated
hereunder unless and until the agreement is fully executed
and no oral agreement relating thereto shall be implied or
authorized.
SECTION 3.
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.
July 9, 1991
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RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT TO EXECUTE A CONTRACT BETWEEN THE CITY AND
PARTNERSHIPS WITH INDUSTRY-PWI.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at
meeting thereof, held on
the
, 1991 by the following
day of
vote, to wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
CitY~AttorneY
By: _-=,a...../
./
(RESO:INDUSTRYPW)
July 9, 1991 -2-
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p~!t~~!.~~~~_~!!~_!!!!!~_~!!Y_:_f~!______
PWI is Supported Employment: bettering our communities I1y employing persons with disabilities
Work Crew Contract
With the City of San Bernardino
Parks and Recreation Department &
Partnerships With Industry (PWI)
Beginning:
August 1, 1991
to: June 30, 1992
Provisions of Agreement
The services provided under this agreement shall be performed by clients of Partnerships With
Industry (PWl), who for the duration of this contract will be referred to singularly as 'workers', or
members of the 'work crew'. The workers will complete all work under the supervision of a PWl
Employment Training Specialist (ETS). The ETS and the PWI Program Director will monitor
production and quality assurance at all times. The work crew will be responsible for the following
duties (detailed explanation of the job duties are labeled as Attachment I):
I. Painting
2. Building and restroom cleaning
3. Litter removal
4. Weed control of shrub and groundcover beds
5. Planting of annuals, trees, and shrubs
A minimum of six workers will be assigned to the crew. Days of work will be Monday through
Friday. Work hours will be 9:00a.m. to 2:30p.m., with a 30 minute lunch period. One ten minute
break will be taken for every three hours worked. The crew is subject to the same personnel
policies as all employees of the City of San Bernardino who are under the classification of
temporary part-time.
Exhi bit "A"
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Partnerships With Industry
. Will provide all compensation paid to the ETS and workers.
. Will be responsible for the intake and assessment, referral, and placement of all workers.
. Will carry worker's compensation insurance on the ETS and work crew members.
. Will provide adequate worksite supervision by an ETS.
. Will maintain accurate time and attendance records on each worker.
. Is an independent agent and not a City employee nor are its subordinates City employees.
The City of San Bernardino
. Will provide the ETS and PWI management with on-going resources to adequately train the crew.
. Will pro-actively inform PWI of changes which might affect the crew's success and job retention.
. Will address any performance concerns with the ETS and PWI management
. Will confidentially hold information regarding the disabilities of crew members or obtain written
consent from the member(s) to disclose such information.
Compensation
PWI will generate invoices for service periods of the 1st through the 15th, and 16th through
month's end. Payment must be received within 21 days of the invoice date. If the invoiced
amount is not received within 21 days, a 5% late fee will be assessed on the balance due.
3. ()() Full Time Equiv (FfE) Cumulative Total
5. ()() hours per day = 15.00 Work hrs per day
5.00 days per week = 75.00 Work hrs per week
4.33 weeks/month = 324.75 Work hrs per month
$5.00 wage per hour = $1,623.75 Total Wage/month
11% Workman's Comp = $178.61 WC per month
2% Payroll Tax = $32.48 PT per month
5% admin overhead = $81.19 PWI admin/month
Total cost = $1.916.03 Total per month
Timestudies as per Dept of Labor standards are completed by nonhandicapped individuals. This
rate determines individual participant pay. Individual productivity determines the amount that each
worker will be compensated.
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Indemnification
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During all phases of the selvices provided under this agreement, PWI agrees to indenu'lify and save
hmmless the City of San Bemardino, ils officers, agent.s, and employees from and against. any and all
claims. demands, losses, defense cost, or liability of any kind or nature which may be imposed upon
them for injury to or deat.h of persons. or damage to property as a result of. arising out of. or in any
manner connect.ed wit.h t.he P\\Ts perfomlance under t.he temlS of t.his agreeinent excepting only liahility
mbiug out. of the ~llle lIegligellce of the City.
Without limiting PWI's indemnification. it is agreed that P\\1 shall maint..'lin in force at all times during
the ~rfonnance of this agreement the follo\\ing policy or policies of insurance covering its:
A, Compn~h,~nsive General T iahility of III' to ~1 \fillion, indue!ing eOnlral~tualliahility. ane! husine","s
and automobile liability.
Contractor's liability insurance policy shall contain the following clauses;
1. The City (If San Bemardim is Mmed as additional insured as respects the operations of
the named insured performed under contrac1 with the City.
2 It is agreed that any insurance maintained by the City shall apply in excess of. and not
contributed with, insurance provided by tills policy.
B. Worker's Compensation coverage at statutory limits.
Contractor's liability insnrnnre policy shall contain the following clanses'
I. The City of San Bernardino is named as additional insured as respects the operations of
the named insured performed under contract with the City,
, It is agreed that any insurance maintained by the City shall apply in excess of, and not
conl1ibuted with, insurance provided by this policy.
All insurance policies required by this paragraph shall contain the follo\\ing clause: "Tins insurance shall
not be cEU1celled, limited or non-renewed until after thirty days written notice has been given to the City"
. Certiticates of insurance evidencing the coverages required by the clauses set forth above shall be fIled
with the City of San Bernardino Risk MlUlagement department prior to the effective date of this
agreement .\ his is a condition precedent to the tormation ot any obligation by the City ot San
Bernardino to compensate PWI under this agreement.
Assurances
rnthe perfonuallce of servk'tOs and functiolls under this agreement, boUI parties assure and certify all Utat
follows here.
TII,.) will 1'I11111'1} wilh all al'l'li,'ahl,. r"'llil"'"lr'll~ llr all pr'llr-ral. Sll,I,.. alld hM::,llaw~ rt'1:,liIlE III rllllllill:C
under training funds operated by the Department of Rehabilitation: PWI's funding agent.
They \vill not discriminate on the basis ofrace. color, national origin, sex (including sexual harassment),
handicap (or disability). religion, ur age in any of its pulicies, procedures, or practices.
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This rag~ T~\'is.ed on 7/8/91 by Pct~r Callstrom. P\\1 Executive Dir~ctor
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If there are any questions, please contact Annette N. Golom, Program Director at (714) 787'()640
We at PWI are very pleased to enter into this agreement with the city of San Bernardino. The work
opponunity provided by the City enables persons with developmental disabilities to earn an
income, prove their worth as valued workers, and most imponantly, satisfy the City's labor needs.
We look forward to a long and mutually beneficial working relationship.
Termination Clause
This agreement may be terminated by express written notice of either party without financial
consequence provided that the written request is received within twenty working days prior to the
effective termination date. Should litigation on this contract occur, the party against whom
judgement is entered shall pay reasonable attorney fees and court costs to the prevailing party.
Authorized Signatures
"ter Callstrom, PWI Executive Director
Annie F. Ramos, Director, Dept. of
Parks, Recreation and Community Service
7-1- 92
Date
Date
Approved as to form and legal content:
James F. Penman, City Attorney
BY:~
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3600 Lime Street. Suite 316 . Riverside, CA . 92501 . (714) 787.Q640