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HomeMy WebLinkAbout2001-266 "I. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-266 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE DEPARTMENT TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS REGIONAL OCCUPATIONAL PROGRAM TO PROVIDE MENTORING SERVICES FROM SEPTEMBER 1, 2001 THROUGH JUNE 30, 2005. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Office of San Bernardino County Superintendent of Schools Regional Occupational Program and the San Bernardino City Fire Department (SBCFD) wish to enter into an agreement to provide mentoring services. SECTION 2. The Fire Chief or his designee is hereby authorized and directed to execute said agreement, a copy of which is attached as Attachment "A". SECTION 3. Said agreement shall be for mentoring for the period of September 1, 2001 through June 30, 2005. SECTION 4. The authorization to execute the above referenced agreement is rescinded if it is not executed within sixty (60) days ofthe passage of this resolution. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 1 2001-266 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE DEPARTMENT TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS REGIONAL OCCUPATIONAL PROGRAM TO PROVIDE MENTORING SERVICES FROM SEPTEMBER 1, 2001 THROUGH JUNE 30, 2005. 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 20th day of August ,2001 by the following vote, to wit: 6 7 8 9 COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ x SUAREZ x ANDERSON x MC CAMMACK x 10 II 12 13 14 15 16 a~b.c-~ RacIlel Clark, City Clerk 17 18 19 ,?",cI. d f -;; ,.L-- ay 0 August The foregoing resolution is hereby approved this 20 2001. 21 22 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN 26 City Attorney 27 2 28 f , 2001-266 Contract Number 54 BA A03 OFFICE OF SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS REGIONAL OCCUPATIONAL PROGRAM AGREEMENT FOR AFFILIATION THIS AGREEMENT, made and entered into September 1,2001 , by and between San Bernardino City Fire Department, hereinafter referred to as Ihe AFFILIATE, and the Regional Occupational Program of the Office of the County Superintendent of Schools, hereinafter referred to as SUPERINTENDENT. WITNESSETH: WHEREAS, the AFFiLIATE is able to provide the laboratory learning site, and WHERE/,S, the SUPERINTENDENT is authorized by law to maintain and does maintain Firefighting Occupations programs, 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 to the SUPERINTENDENT for the use of students from the SUPERINTENDENT. The term of this agreement shall be from September 1, 2001, 10 and including June 30, 2005. Time schedule and use of areas or department will be regulated by the staff of the SUPERINTENDENT and with the knowledge and consent of the managing personnel of the AFFILIATE. The said facilities are described and located at 200 East 3rd Street, San Bernardino, CA 92410 Said facilities must be suitable for conduct of the above-named programs, according to the standards of the SUPERINTEi'JDENT. IT IS FURTHER UNDERSTOOD AND AGREED by and between the parties hereto that: 1. The SUPERINTENDENT will contract with an approved private school and/or a public school district, hereinafter referred to as the CONTRACTING AGENCY, for the supervision and instruction offered in this program. 2. The students shall be subject to the rules and regulations of the AFFILIATE during the hours they are in facilities. All students are under the discipline and authorily of the staff of the Contracting Agency. AFFILIATE may terminate the training of any student hereunder at their site, if the student does not perform satisfactorily or if AFFILIATE determines at any time that no suitable training station is available. 3. When appropriate, the studenls shall wear apparel and/or name tags to designate them as members of the program. 4. All expenses of conducting said program shall be borne by the SUPERINTENDENT and the AFFILIATE shall have no obligation under this Agreement except as herein provided. 5, The students of the SUPERINTENDENT will have all necessary instructions, tests, and examinations completed before laboratory learning experience begins. ATTACHMENT A " , f' Agreement for Affiliation Page 2 of 2 2001-266 6. The instructional staff of the CONTRACTING AGENCY will be responsible for all progress reports and evaiuation reports of students' performance. The CONTRACTING AGENCY conducting the program shall provide qualified staff for the purpose of providing instruction and supervision to the students enrolled in programs located at AFFILIATE'S site and shall be responsible for the actions of the students during the operation of the program. In addition, the CONTRACTING AGENCY is responsible for the preparation and distribution of such special written rules and regulations regarding AFFILIATE'S company policies and procedures as may be required by the AFFILIATE and enforcement of such rules and regulations during the hours students are on AFFILIATE'S premises. 7. The training plan for the aforesaid program operated pursuant to this agreement is on file with the SUPERINTENDENT and with the AFFILIATE. 8. AFFILIATE may, upon request of the CONTRACTING AGENCY and/or the SUPERINTENDENT, provide equipment and procedures for the use of the equipment as are appropriate to the vocational instruction program as specified herein, provided that AFFILIATE has agreed to provide said services and equipment. 9. The SUPERINTENDENT shali defend, indemnify and hold AFFILIATE, its officers, agents, and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this 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 SUPERINTENDENT, its officers, agents, or employees. 10. AFFILIATE shall defend, indemnify and hold SUPERINTENDENT, its officers, agents, and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this 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. 11. Students of the SUPERINTENDENT while participating in the program will be considered employees of the SUPERINTENDENT for the purpose of receiving worker's compensation coverage. 12. The AFFILIATE agrees that the students engaged in laboratory learning experience pursuant to this Agreement shall not displace any regular employees of the AFFILIATE. 13. AFFILIATE shall comply with the provisions of Title VI, VII, IX of the Civil Rights Act of 1964 which provides that no person in the United States shall, on the grounds of race, creed, color, age, gender, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity hereunder. 14. AFFILIATE shall comply with Section 504 of the Rehabilitation Act of 1973 which provides that no otherwise qualified handicapped individual in the United States shall, solely by reason of the handicap, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any programs or activity with respect to this Agreement. 15. This Agreement may be cancelled by serving on the other party a 3D-day written notice of such cancellation. 16. The Teacher of the Contracting Agency will be available to the students of the SUPERINTENDENT at all times while the students are using the facilities of the AFFILIATE. 0. "-L C Janic Noreen, Program M Contra ts Management San Bernardino County Superintendent of Schools E..~ San Bernardino City Fire Department Name of Affiliate ~J~~ Director, Regional Oc upatlonal Program