HomeMy WebLinkAbout1994-133
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RESOLUTION NO.
94-133
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY
DMINISTRATOR TO EXECUTE A WORKSITE AGREEMENT BETWEEN SAN
ERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS AND THE CITY OF SAN
ERNARDINO TO PROVIDE FACILITIES FOR WORK EXPERIENCE OF STUDENTS
ROM COUNTY REGIONAL SCHOOL DISTRICT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
BERNARDINO AS FOLLOWS:
SECTION I.
The City Administrator is hereby authorized and
irected to execute on behalf of said City, a worksite agreement
ith the San Bernardino County Superintendent of Schools relating
o the provision of worksites by the various city departments for
student work experience training program, a copy of which is
13 ttached hereto, marked Exhibit "A" and incorporated herein by
14 eference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above
eferenced agreement is rescinded if the parties to the agreement
ail to execute it within sixty (60) days of the passage of this
esolution.
I HEREBY CERTIFY that the foregoing resolution was duly
20 dopted by the Mayor and Common Council of the city of San
20th
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ernardino at a regular
meeting thereof, held on the
day
June
, 1994, by the following vote to wit:
f
/4/94
I
. . 94-133
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY
DMINISTRATOR TO EXECUTE A WORKSITE AGREEMENT BETWEEN SAN
2 ERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS AND THE CITY OF SAN
ERNARDINO TO PROVIDE FACILITIES FOR WORK EXPERIENCE OF STUDENTS
3 ROM COUNTY REGIONAL SCHOOL DISTRICT.
8 BERHELMAN
MEMBERS:
AYES
NAYS
ABSTAIN
ABSENT
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10 OPE-LUDLAM
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~~d~
Rach 1 Clark, city Clerk
The foregoing resolution is hereby approved this ~
ay of
June
, 1994.
~~U;~~
Tom Minor, Mayor
city of San Bernardino
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pproved as to form
19 nd legal content:
20 ames F. Penman
ity At~torneY
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94-133 Oliginal
EXHIBIT "A"
SAN BERNARDINO COUNTY REGIONAL OCCUPATIONAL PROGRAM
AGREEMENT FOR AFFILIATION
TRYOUT/WORK EXPERIENCE EMPLOYMENT PROGRAM
THIS AGREEMENT, made and entered into this day of ,
1994 by and between the San Bernardino County Superintendent of
Schools, hereinafter referred to as the SUPERINTENDENT, and the
City of San Bernardino hereinafter referred to as the AFFILIATE.
WITNESSETH
WHEREAS. the AFFILIATE has facilities located throughout the City
of San Bernardino 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 Julv 1. 1994,
and continuing to and including June 30. 1997.
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 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
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.
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94-133
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.
Either party may discontinue
written notice thirty (30) days
termination of affiliation.
this affiliation by giving
in advance of final date of
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94-133
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9. 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:
San Bernardino County
Superintendent of Schools
601 N. "E" Street
San Bernardino, CA 92410-3093
To Affiliat",:
City of San Bernardino
Office of the City Administrator
300 N. "D" Street
San Bernardino, CA 92418
Nothing in this paragraph shall be construed to prohibit the giving
of notice by personal service.
10. 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 ~andicap applies to the ability to
perform the normal tasks assigned).
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the day and year first written above.
SHAUNA CLARK
City of San Bernardino
Affiliate
~//W~~/
$hauna Clark,
City Administrator
JUl 2 8 19'14
Date
7 /z (,If~
Date
Re:
95-6000-772
Tax 1. D. No.
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