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RESOLUTION NO.
2001-211
1
RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF SAN
2 BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH
PROVISIONAL EDUCATIONAL SERVICES, INCORPORATED, RELATED TO
3 PROVIDING WORK EXPERIENCE SITES FOR YOUTH AND ADULTS.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5
6 OF SAN BERNARDINO AS FOLLOWS:
7
8
SECTION 1. The Mayor of City of San Bernardino or her designee is hereby authorized
9 and directed to execute on behalf of said City, an agreement with Provisional Educational
10 Services Incorporated, relating to training related work experience for students and adults, a
11 copy of which is hereto, marked Exhibit "A" and incorporated herein by reference as fully as
12 though set forth at length,
13
14
15
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
16 City Clerk within 60 days following effective date ofthe Resolution,
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2001-211
RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF SAN
1 BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH
PROVISIONAL EDUCATIONAL SERVICES, INCORPORATED, RELATED TO
2 PROVIDING WORK EXPERIENCE SITES FOR YOUTH AND ADULTS.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4 and Common Council of the City of San Bernardino at a joint regular Meeting,
5 thereof, held on the 9th day of July , 2001, by the following vote to
6 wit:
7 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
8
ESTRADA x
9
LIEN x
10
MC GINNIS x
11
12 SCHNETZ x
13 SUAREZ x
14 DEAN-ANDERSON x
15 MC CAMMACK x
16
17 ~~h,~
18 Rac G. Clark, CIty Clerk
19
20
21
The foregoing resolution is hereby approved this C21t day of July
, 2001.
22 Approved as to form
23 And Legal content:
24 James F. Penman
City Attorney
25
26
27
28
2001-211
MEMORANDUM OF UNDERSTANDING
Between
PROVISIONAL EDUCATIONAL SERVICES, INCORPORATED (PESI)
2450 Blake Street
Post Office Box 7100
San Bernardino, Ca. 92411
(909) 887-7002
And
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, Ca. 92401
(909) 384-5133
ITEM 1:
PURPOSE
The purpose of this Memorandum Of Understanding is to specifY the
parameters under which Provisional Educational Services,
Incorporated hereinafter referred to as AGENCY and the City of San
Bernardino, hereinafter referred to as CONTRACTOR will provide
supervision and direction to eligible Workforce Investment Act (WIA)
participants.
ITEM 2:
TERM OF AGREEMENT
The tern of this agreement shall be from July 1,2001 through June 30,
2003 unless terminated pursuant to Section VI.
Subsequent services shall be authorized by a written extension signed by
authorized agents of both PESI and the City of San Bernardino.
ITEM 3:
PROGRAM SERVICES
The CONTRACTOR agrees to provide the following services:
A, Youthful worksite training experience consistent with participants'
capabilities.
,
"
ITEM 4:
D.
ITEM 5:
ITEM 6:
2001-211
B.
Supervision and direction to participants.
C,
The AGENCY will provide liability insurance coverage during the
duration of this agreement. The CONTRACTOR will be listed as
additional insurance,
The AGENCY agrees to provide the following services:
A.
Refer eligible WIA participants to the CONTRACTOR for the services
described above.
B.
PES I will maintain liability insurance coverage throughout the term of this
agreement in the amount of$I,OOO,OOO or as otherwise required by the
City of San Bernardino.
c.
Agree to pay the CONTRACTOR any fees agreed upon under separate
cover for services rendered to WIA participants ofthe AGENCY.
Maintain records on all participants covered by this agreement. The
AGENCY will maintain, properly securing and store participants files.
The AGENCY will also ensure that participant confidentiality is
preserved,
WAIVER OF RESPONSIBILITY
The CONTRACTOR agrees to hold harmless the AGENCY, its
employees, officers and agents free from the cost of any litigation that
arises out of its performance of this contract.
The AGENCY agrees to hold harmless the CONTRACTOR, its
employees, officers and agents free from all claims, damages, expenses,
and the cost of any litigation that arises out of its performance of this
agreement.
ADDITIONAL RESPONSIBILITIES
Both the AGENCY and the CONTRACTOR agree to abide by the
following:
I. The AGENCY and CONTRACTOR agree to protect and maintain
confidentiality of all clients as specified in the provisions of WIA Section
146 (t) 3 and Section 10850 of the Welfare and Institutions (W&I) Code
,
. '.
ITEM 7:
ITEM 8:
ITEM 9:
2001-211
and Division 19-000 of the Department of Social Services Manual of
Policies and Procedures,
2,
The AGENCY and CONTRACTOR shall not discriminate against any
clients on the basis of race, national origin or ancestry, religion, sex,
marital status, age, political affiliation or disability.
3.
PESI and the City of San Bernardino agree to retain all WIA records in
their original form for a period of three (3) years after the termination of
this Formalized Agreement MOU or any other pending matters or actions
concerning the records.
4.
Provide excellent customer service to all enrolled youth participants,
MODIFICATIONS
This MOU may be modified in any form by mutual consent of both the
CONTRACTOR and AGENCY. All modifications must be in writing
and signed by each party prior to implementation. Each modification
should specify the date said modification shall become effective.
TERMINATION
This Memorandum of Understanding may be terminated by either party at
any time for any reason, This agreement will be considered terminated
when either party receives written notification oftermination, The notice
of termination must be signed by an authorized representative of either
party,
CERTIFICATION
We, the undersigned, have read and agree to the terms of this
Memorandum of Understanding, We also understand that neither the
CONTRACTOR nor the AGENCY is under financial obligation to the
other. We understand and agree that the only financial consideration is
what the CONTRACTOR will charge the clients for services rendered
and that the AGENCY is under no obligation for the payment of such
services,
2001-211
We, the undersigned, agree to abide by the terms specified herein this I sl day of July
200 I. This agreement becomes effective when signed by:
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AGENCY
7 -It-O/
DATE
Dr. Mildred D, Henry, CEO
Provisional Educational Services, Inc.
2450 Blake Street
San Bernardino (Muscoy), Ca. 92407
uJ
1- \ '2-<:.:>\
DATE
T rable Judith Valles, Mayor
City an Bernardino
300 North "D" Street
San Bernardino, CA 92401