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HomeMy WebLinkAbout1993-086 " 1 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. 93-86 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES TO EXECUTE A WORKSITE AGREEMENT BETWEEN SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO PROVIDE FACILITIES FOR WORK EXPERIENCE OF STUDENTS FROM COUNTY REGIONAL SCHOOL DISTRICT. 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 worksite agreement with the Bernardino San County Superintendent of Schools relating to the provision of worksites by the City Parks, Recreation and Community Services Department for a student work experience training program, 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a meeting thereof, held on the reqular April , 1993, by the following vote to 5th day of wit: II II 3/18/93 -1- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 By: 0 RES 93-86 25 26 27 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. COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY ---Jt....- HERNANDEZ ---Jt....- MAUDSLEY y MINOR X POPE-LUDLAM X MILLER X ~~la~y Clerk The foregoing resolution is hereby approved this ..-\ 't.fu day of April , 1993. ~ City Approved as to form and legal content: James F. Penman City Attorney a 3/18/93 -2- RES 93-86 Res 93-86 . 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 depaytments 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 rIlles and regulations of the AFFILIATE during the hours they are in their facilities and shall be under the direct supervision of the AFFILIATE andlor 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. ~. RES 93-86 3. The studentls 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 studentls 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- ~ RES 93-86 t. 9. In the conduct of this Agreement, nei ther 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. Thomas F~err, Deputy ,I/, Z '7/f3 City of San Bernardino Parks, Recreation & Community Services Department Af/Ja~e ~ _'~ A~t~~~, DIRECTOR Signed By Date Apri 1 12, 1993 Date 95-6000-772 Social SecuritylTax I.D.No. Date: Re: -3- ~.