HomeMy WebLinkAbout1991-037
I
1
2
3
4
5
6
7
8
RESOLUTION NO. 91-37
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA
REGIONAL OCCUPATIONAL PROGRAM TO UTILIZE CLASSROOM AND
LABORATORY FACILITIES TO BE USED FOR THE INSTRUCTION OF SCHOOL
AGE YOUTH OR ADULTS ENROLLED ROP FOR ANIMAL, AND TO RESCIND
RESOLUTION 90-409.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino
hereby authorized and directed to execute on behalf of said ROP
9 an Agreement with Co1ton-Red1ands-Yucaipa Regional Occupational
10 Program, a copy of which is attached hereto and incorporated
11 herein as Exhibit "A" and referenced as fully as though set
12 forth at length.
13
SECTION 2. The agreement shall not take effect until
14 fully signed and executed by all parties. The ROP shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18
19
SECTION 3.
The
authorization to execute the
above
parties
is
rescinded if the
to
the
referenced
agreement
20 agreement fail to execute it within sixety (60) days of the
21 passage of this resolution.
22
SECTION 4. This resolution rescinds Resolution 90-
23 409, passed October 1, 1990.
24
I HEREBY CERTIFY that the foregoing resolution was
25 duly adopted by the Mayor and Common Council of the City of San
26 Bernardino at a requ1ar
meeting thereof, held on the 4th
27
28
"
1
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA
REGIONAL OCCUPATION PROGRAM . . . ANIMAL CARE PROGRAM.
3 day of February , 1991, by the following vote, to wit:
4 Council Members:
5 ESTRADA
6 REILLY
7 FLORES
8 MAUDSLEY
9 MINOR
10 POPE-LUDLAM
11 MILLER
NAYS
ABSTAIN
AYES
...1L-
...1L-
...1L-
...1L-
~
~
~CL~
12
13
14
15
16
17
18
19
The foregoing resolution is hereby approved this 5th
February , 1991.
day of
,.....'~7
(/~
W. R. H
City of
./
-//
/
Approved as to
20 form and legal content:
21
22
23
24
25
26
27
28
JAMES F. PENMAN,
City t{torney "
BY: _ ~/},.,~.> f.. "--'-)/I~'l/}.,")I""___\
(J
<'
COLTON-REDLANDS-YUCAIPA
REGIONAL OCCUPATIONAL PROGRAM
Joint Venture Training Agreement
This Agreement is made between the city of San Bernardino
hereinafter called the AFFILIATE, and the Colton-Redlands-
Yucaipa Regional Occupational Program, hereinafter call the ROP.
WHEREAS,
the ROP
desires to utilize classroom
and
laboratory facilities to be used for the instruction of school-
age youth or adults enrolled in ROP for animal care and,
WHEREAS, the AFFILIATE has special facilities located at
333 Blood Bank Road, San Bernardino, California 92408 which said
AFFILIATE is willing to make available to the ROP for use in the
instruction of ROP students at times mutually agreeable to
AFFILIATE and the ROP beginning Auqust 1, 1990 and continuing
until cancelled by either party and provided without rental
charge to the ROP. It is understood that said premises shall be
used for classes under the ROP subject to the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual benefits
that each of the parties hereto will derive under
this
Agreement, the parties agree as follows:
1.
The AFFILIATE does hereby provide facilities suitable
for use in the instruction of ROP students.
3.
4.
5.
6.
7.
-'
,
1
2.
The AFFILIATE shall furnish all in-kind services, such
as utilities, custodial and maintenance that may be used or
needed by ROP in and about premises including emergency
telephone services required by ROP.
The use of these
facilities shall include the use of lavatory, toilet, and
other facilities incidental thereto, including, but not
limited to parking areas.
The AFFILIATE that provides the training derives no
immediate advantage from the activities of the students;
and on occasion his/her operations may actually be impeded.
AFFILIATE assures that this project will not be used
to displace any of its full-time or part-time regular
employees.
AFFILIATE assures that this project will not be used
to substitute for authorized vacancies existing on its
staff or to impair, in any way, employment or earning
opportunities for its regular employees.
The AFFILIATE and the students understand that the
students are not entitled to wages for the time spent in
training.
ROP has responsibility hereunder for informing
students that they are not entitled to wages for the time
spent in training.
The training, even though it includes actual operation
of the facilities of the AFFILIATE, is similar to that
which would be given in a vocational school, and the train-
ing is for the benefit of the students.
8.
9.
10.
11.
12.
13.
,
1
All expenses of conducting said class shall be born by
the ROP and the AFFILIATE shall have no obligation under
this Agreement except as herein provided.
The ROP shall furnish supplies as necessary and inci-
dental to the conducting of the program; it being under-
stood that the AFFILIATE shall not be responsible for loss,
theft, or damage to such supplies.
The ROP assures that students will be subject to rules
and regulations of the AFFILIATE during the hours they are
in the facilities.
The ROP assures that the students are aware they are
not necessarily entitled to a jOb at the conclusion of the
training program.
Neither the ROP, nor the AFFILIATE, shall discriminate
against any student on the basis of race, color, national
origin, sex or handicap in making available opportunities
in occupational instruction and training.
Hold harmless. The ROP agrees to defend, indemnify
and hold harmless the AFFILIATE, its officers, agents and
employees from any and all suits, actions, damages, or
claims of every name and description, including reasonable
attorneys' fees, to which the AFFILIATE, its officers,
agents, or employees may become subject in carrying out the
provisions of this
Agreement.
,
,
\
14.
Public liability and property damage insurance. The
ROP agrees to see that each enrollee is supplied with
insurance coverage for Workman's Compensation and to take
out and maintain during the life of this Agreement such
public liability and property damage insurance as shall
protect the ROP and the AFFILIATE with respect to those
liabilities to which the ROP holds the AFFILIATE harmless.
AFFILIATE shall be a named insured in each policy. The
policy shall provide primary coverage over any insurance
of AFFILIATE and shall be in an amount acceptable to
AFFILIATE'S Risk Manager. Evidence of such insurance shall
be provided to Risk Management. Policy shall provide that
City Clerk shall be given thirty (30) days prior written
notice to any change in such policy.
15. This Agreement may be cancelled by either AFFILIATE
or ROP by serving on the other party a 30 day written
notice of such cancellation.
This Agreement shall be
effective only on approval of the Governing Board of the
ROP.
16.
Entire agreement. This Agreement any documents or
instrument attached hereto or referred to herein integrate
all terms and conditions mentioned herein or incidental
hereto, and supersede all negotiations and prior writing
in respect to the subject matter thereof. In the event of
conflict between the terms, conditions or provisions of
this Agreement, and any such document or instrument, the
terms and conditions of this Agreement shall prevail.
.'
,
\
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement.
CITY OF SAN BERNARDINO
( 11 AFFILIATE" )
DATE:
BY:
ATTEST:
TITLE:
CITY CLERK
COLTON-REDLANDS-YUCAIPA
REGIONAL OCCUPATIONAL PROGRAM
("ROP")
DATE:
BY:
SUPERINTENDENT
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
Instructor:
Instructor's Signature:
BY: