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HomeMy WebLinkAbout21- Parks, Recreation & Community Services CITY OF SAN BER!" RDINO - REQUEST il )R COUNCIL ACTION RESOLUTION OF THE CITY OF SAN BERNARDINO From: ANNIE F. RAMOS, DIRECTOR Subject: AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT BETWEEN SAN BERNARDINO COUNTY Dept: PARKS, RECREATION & COMMUNITY SERVICES SUPERINTENDENT OF SCHOOLS AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND Date: MARCH 19, 1993 COMMUNITY SERVICES DEPARTMENT TO PROVIDE FACILITIES FOR WORK EXPERIENCE STUDENTS Synopsis of Previous Council action: FROM COUNTY REGIONAL SCHOOL DISTRICT. NONE. Recommended motion: ADOPT THE RESOLUTION. f nruz( Signature Contact person: TOM BOGGS Phone: 5032 Supporting data attached:STAFF REPORT RESOLUTION & AGREEMENT. Ward: CITY WIDE FUNDING REQUIREMENTS: Amount: NO COST TO CITY Source: (Acct No.) (Acct. Description) Finance: Council Notes: r 75-0262 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST F)R COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING THE DIRECTOR OF PARRS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO EXECUTE A WORKSITE AGREEMENT BETWEEN SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS AND CITY OF SAN BERNARDINO PARRS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE FACILITIES FOR WORK EXPERIENCE OF STUDENTS FROM COUNTY REGIONAL SCHOOL DISTRICT. This is a program for training students in skills which will allow them to find gainful employment. It is at no direct cost to the City. The County School District pays the students and provides all insurance and workers compensation. The City provides worksites, tools, equipment, supplies, supervision and instructions on what should be done in the training areas. This program will provide some much needed assistance for the maintenance of parks facilities, while at the same time, it will provide an excellent training program for high school students. This training will assist the students as they enter the work force in our community. It is recommended that this Resolution and Agreement be approved. agreew/schools.workexp 3/18/93 75-0264 �eainkn9 Alternar`P SANCLASS Regional School District 601 North E Street • San Bernardino, CA 92410-3093 (909)387-4416 • FAX[909]387=8950 or 387=4481 ° Joanna Kalbus, Ph.D.,Assistant Superintendent GAS 5a°�? operated by the San Bernardino County Superintendent of Schools SCLASS Barry R. Pulliam,Ed.D., County Superintendent Regional School District March 17, 1993 City of San Bernardino Parks, Recreation & Community Services Dept. 547 N. Sierra Way San Bernardino, CA 92401 Attn: Tom Boggs, Dept. Administrator This Affiliation Agreement will allow the San Bernardino County Superintendent of Schools to place students at City Parks and Recreation sites. The purpose of the work experience program is student development of positive work habits and social skills with co-workers. The City's site supervisors will direct and supervise the work experience students. They will complete time cards and written evaluations twice monthly. County Schov is will pay student wages and provide worker's compensation insurance. They will transport students to and from work sites based upon agreed work schedules. Each supervisor will be given a program orientation along with staff names and phone numbers in case of emergencies. Note, the City is not required to hire work experience students, and that both the City of San Bernardino and San Bernardino County Superintendent of Schools are self insured. Thank-� C/ oger Myers Career Education Coordinator THIS FACILITY IS HANDICAPPED ACCESSIBLE 10 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES TO EXECUTE 3 A WORKSITE AGREEMENT BETWEEN SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND 4 COMMUNITY SERVICES DEPARTMENT TO PROVIDE FACILITIES FOR WORK EXPERIENCE OF STUDENTS FROM COUNTY REGIONAL SCHOOL DISTRICT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Director of Parks, Recreation and 8 Community Services Department of the City of San Bernardino is 9 hereby authorized and directed to execute on behalf of said City, 10 a worksite agreement with the San Bernardino County 11 Superintendent of Schools relating to the provision of worksites 12 by the City Parks, Recreation and Community Services Department 13 for a student work experience training program, a copy of which 14 is attached hereto, marked Exhibit "A" and incorporated herein by 15 reference as fully as though set forth at length. 16 SECTION 2 . The authorization to execute the above 17 referenced agreement is rescinded if the parties to the agreement 18 fail to execute it within sixty (60) days of the passage of this 19 resolution. 20 I HEREBY CERTIFY that the foregoing resolution was duly 21 adopted by the Mayor and Common Council of the City of San 22 Bernardino at a meeting thereof, held on the 23 day of 1993 , by the following vote to 24 wit: 25 26 27 3/18/93 -1- 28 1 RE: RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES TO EXECUTE AN AGREEMENT BETWEEN SAN BERNARDINO 2 COUNTY SUPERINTENDENT OF SCHOOLS AND CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE 3 FACILITIES FOR WORK EXPERIENCE OF STUDENTS FROM COUNTY REGIONAL SCHOOL DISTRICT. 4 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 5 ESTRADA 6 REILLY 7 HERNANDEZ 8 MAUDSLEY 9 MINOR 10 POPE-LUDLAM 11 MILLER 12 13 14 Rachel Clark, City Clerk 15 The foregoing resolution is hereby approved this 16 day of , 1993 . 17 1s W. R. Holcomb, Mayor 19 City of San Bernardino 20 Approved as to form 21 and legal content: 22 James F. Penman City Attorney 23 24 By: l 25 26 a ' eew/school.wkexp. 27 3/18/93 -2- 28 EXHIBIT "A" SAN BERNARDINO COUNTY REGIONAL OCCUPATIONAL PROGRAM AGREEMENT FOR AFFILIATION TRYOUT/WORK EXPERIENCE EMPLOYMENT PROGRAM THIS AGREEMENT, made and entered into this sixth day of April, 1993, by and between the San Bernardino County Superintendent of Schools, hereinafter referred to as the SUPERINTENDENT, and the City of San Bernardino Parks, Recreation and Community Services Department hereinafter referred to as the AFFILIATE. WITNESSETH WHEREAS, the AFFILIATE has facilities located at 547 North Sierra Way, San Bernardino, California 92401, which it is willing to make available to the SUPERINTENDENT, at no cost, for use in the work experience instruction of its students, for the period beginning April 6, 1993, and continuing to and including June 30, 1994. NOW THEREFORE, it is agreed by and between the parties hereto that in consideration of the learning experience obtained by the students, the AFFILIATE does hereby agree to provide facilities, tools, equipment, supplies and supervision as may be necessary for the work experience of students from the SUPERINTENDENT. The AFFILIATE shall not be required to pay students. Time schedule and use of areas or departments will be mutually agreed to by the staff of the SUPERINTENDENT and the AFFILIATE with the knowledge and consent of the managing personnel of the AFFILIATE. IT IS FURTHER UNDERSTOOD AND AGREED by the parties hereto that: 1 . The students will be subject to the rules and regulations of the AFFILIATE during the hours they are in their facilities and shall be under the direct supervision of the AFFILIATE and/or managing personnel of the AFFILIATE. AFFILIATE may terminate student for the same reasons for which it is authorized to terminate its regular employees. The SUPERINTENDENT shall provide to the AFFILIATE necessary consultation services relative to the desired goals for each student. 2. The SUPERINTENDENT and the AFFILIATE shall meet and confer on an as needed basis to evaluate program progress and to identify and resolve any problems arising from the conduct of the student. The AFFILIATE will keep records of hours worked by the student/s in accordance with the SUPERINTENDENT'S policy. 3. The student/s of the SUPERINTENDENT shall be considered employees of SUPERINTENDENT, under Division 4 (Commencing with Section 3201 ) of the Labor Code of the State of California. The SUPERINTENDENT agrees to include such students in its Workers ' Compensation Insurance coverage. 4. The AFFILIATE agrees that the training of the student/s will not result in the reduction or termination of the AFFILIATES' regular employees. 5. The SUPERINTENDENT shall defend, indemnify and hold AFFILIATE, its officers, agents, and employees harmless from and against any and all liability, loss, expense ( including reasonable attorney' s fees) or claims for injury or damages arising out of the performance of the Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys fees, or claims or injury or damages are caused by or result from the negligent or intentional acts or omissions of SUPERINTENDENT, its officers, agents, or employees. 6. The AFFILIATE shall defend, indemnify and hold SUPERINTENDENT, its officers, agents, and employees harmless from and against any and all liability, loss, expense ( including reasonable attorney' s fees) , or claims for injury or damages arising out of the performance of the Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of AFFILIATE, its officers, agents, or employees. 7. SUPERINTENDENT and AFFILIATE each agree to maintain in force during the term of this Agreement, such General and Auto Liability and Property Damage insurance as will protect each with respect to its own operations in an amount not less than $1, 000, 000.00 combined single limit per occurrence. SUPERINTENDENT and AFFILIATE shall each provide the other with a Certificate of Insurance evidencing the required coverage and a statement that such insurance is primary and shall not be reduced, canceled, or otherwise changed without at least thirty ( 30 ) days written notice to the other. Certificates of adequate Self Insurance shall meet the requirements of this Section. 8. This Agreement shall be renewed from year to year upon the same terms and conditions, unless either party hereto by written notice to the other at least thirty (30) days in advance of June 30 of that year provides notice of termination. -2- AA 9 . In the conduct of this Agreement, neither party will discriminate against any student on the basis of race, color, creed, religion, ethnic background, sex, or physical handicap (except as such physical handicap applies to the ability to perform the normal tasks assigned) . 10. Any notice to be given pursuant to this Agreement from one party to the other shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: To Superintendent: To Affiliate: Nothing in this paragraph shall be construed to prohibit the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. BARRY R. PULLIAM City of San Bernardino Parks, San Bernardino County Recreation & Community Superintendent of Schools Services Department Affiliate By Thomas F. Kerr, Deputy Signed Date Date Re: Social Security/Tax I .D.No. Date: -3- 4 I 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES TO EXECUTE 3 A WORKSITE AGREEMENT BETWEEN SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND 4 COMMUNITY SERVICES DEPARTMENT TO PROVIDE FACILITIES FOR WORK EXPERIENCE OF STUDENTS FROM COUNTY REGIONAL SCHOOL DISTRICT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Director of Parks, Recreation and 8 Community Services Department of the City of San Bernardino is 9 hereby authorized and directed to execute on behalf of said City, 10 a worksite agreement with the San Bernardino County 11 Superintendent of Schools relating to the provision of worksites 12 by the City Parks, Recreation and Community Services Department 13 for a student work experience training program, a copy of which 14 is attached hereto, marked Exhibit "A" and incorporated herein by 15 reference as fully as though set forth at length. 16 SECTION 2 . The authorization to execute the above 17 referenced agreement is rescinded if the parties to the agreement 18 fail to execute it within sixty (60) days of the passage of this 19 resolution. 20 I HEREBY CERTIFY that the foregoing resolution was duly 21 adopted by the Mayor and Common Council of the City of San 22 Bernardino at a meeting thereof, held on the 23 day of 1993 , by the following vote to 24 wit: 25 26 27 3/18/93 -1- 28 f�i` 1 RE: RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES TO EXECUTE AN AGREEMENT BETWEEN SAN BERNARDINO 2 COUNTY SUPERINTENDENT OF SCHOOLS AND CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE 3 FACILITIES FOR WORK EXPERIENCE OF STUDENTS FROM COUNTY REGIONAL SCHOOL DISTRICT. 4 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 5 ESTRADA 6 REILLY 7 HERNANDEZ 8 MAUDSLEY 9 MINOR 10 POPE-LUDLAM 11 MILLER 12 13 14 Rachel Clark, City Clerk 15 The foregoing resolution is hereby approved this 16 day of 1993 . 17 is W. R. Holcomb, Mayor 19 City of San Bernardino 20 Approved as to form 21 and legal content: 22 James F. Penman City Attorney 23 24 By: 25 26 agreew/school .wkexp. 27 3/18/93 -2- 28 EXHIBIT "A" SAN BERNARDINO COUNTY REGIONAL OCCUPATIONAL PROGRAM AGREEMENT FOR AFFILIATION TRYOUT/WORK EXPERIENCE EMPLOYMENT PROGRAM THIS AGREEMENT, made and entered into this sixth day of April, 1993, by and between the San Bernardino County Superintendent of Schools, hereinafter referred to as the SUPERINTENDENT, and the City of San Bernardino Parks, Recreation and Community Services Department hereinafter referred to as the AFFILIATE. WITNESSETH WHEREAS, the AFFILIATE has facilities located at 547 North Sierra Way, San Bernardino, California 92401, which it is willing to make available to the SUPERINTENDENT, at no cost, for use in the work experience instruction of its students, for the period beginning April 6, 1993, and continuing to and including June 30, 1994. NOW THEREFORE, it is agreed by and between the parties hereto that in consideration of the learning experience obtained by the students, the AFFILIATE does hereby agree to provide facilities, tools, equipment, supplies and supervision as may be necessary for the work experience of students from the SUPERINTENDENT. The AFFILIATE shall not be required to pay students. Time schedule and use of areas or departments will be mutually agreed to by the staff of the SUPERINTENDENT and the AFFILIATE with the knowledge and consent of the managing personnel of the AFFILIATE. IT IS FURTHER UNDERSTOOD AND AGREED by the parties hereto that: 1 . The students will be subject to the rules and regulations of the AFFILIATE during the hours they are in their facilities and shall be under the direct supervision of the AFFILIATE and/or managing personnel of the AFFILIATE. AFFILIATE may terminate student for the same reasons for which it is authorized to terminate its regular employees. The SUPERINTENDENT shall provide to the AFFILIATE necessary consultation services relative to the desired goals for each student. 2. The SUPERINTENDENT and the AFFILIATE shall meet and confer on an as needed basis to evaluate program progress and to identify and resolve any problems arising from the conduct of the student. The AFFILIATE will keep records of hours worked by the student/s in accordance with the SUPERINTENDENT'S policy. 3. The student/s of the SUPERINTENDENT shall be considered employees of SUPERINTENDENT, under Division 4 (Commencing with Section 3201 ) of the Labor Code of the State of California. The SUPERINTENDENT agrees to include such students in its Workers ' Compensation Insurance coverage. 4. The AFFILIATE agrees that the training of the student/s will not result in the reduction or termination of the AFFILIATES ' regular employees. 5 . The SUPERINTENDENT shall defend, indemnify and hold AFFILIATE, its officers, agents, and employees harmless from and against any and all liability, loss, expense ( including reasonable attorney' s fees ) or claims for injury or damages arising out of the performance of the Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys fees, or claims or injury or damages are caused by or result from the negligent or intentional acts or omissions of SUPERINTENDENT, its officers, agents, or employees. 6. The AFFILIATE shall defend, indemnify and hold SUPERINTENDENT, its officers, agents, and employees harmless from and against any and all liability, loss, expense ( including reasonable attorney' s fees) , or claims for injury or damages arising out of the performance of the Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of AFFILIATE, its officers, agents, or employees. 7 . SUPERINTENDENT and AFFILIATE each agree to maintain in force during the term of this Agreement, such General and Auto Liability and Property Damage insurance as will protect each with respect to its own operations in an amount not less than $1, 000, 000.00 combined single limit per occurrence. SUPERINTENDENT and AFFILIATE shall each provide the other with a Certificate of Insurance evidencing the required coverage and a statement that such insurance is primary and shall not be reduced, canceled, or otherwise changed without at least thirty ( 30 ) days written notice to the other. Certificates of adequate Self Insurance shall meet the requirements of this Section. 8. This Agreement shall be renewed from year to year upon the same terms and conditions, unless either party hereto by written notice to the other at least thirty (30) days in advance of June 30 of that year provides notice of termination. -2- 1W 9 . In the conduct of this Agreement, neither party will discriminate against any student on the basis of race, color, creed, religion, ethnic background, sex, or physical handicap (except as such physical handicap applies to the ability to perform the normal tasks assigned) . 10. Any notice to be given pursuant to this Agreement from one party to the other shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: To Superintendent: To Affiliate: Nothing in this paragraph shall be construed to prohibit the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. BARRY R. PULLIAM City of San Bernardino Parks, San Bernardino County Recreation & Community Superintendent of Schools Services Department Affiliate By Thomas F. Kerr, Deputy Signed Date Date Re: Social Security/Tax I .D.No. Date: -3-