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HomeMy WebLinkAbout1991-046 . , 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. 91-46 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COLTON UNIFIED SCHOOL DISTRICT TO UTILIZE CLASSROOM AND LABORATORY FACILITIES TO BE USED FOR THE INSTRUCTION OF SCHOOL AGE YOUTH PARTICIPATING IN THE WORK ABILITY PROGRAM. 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 city an Agreement with Colton Unified school District, a copy of which is attached hereto and incorporated herein as Exhibit "A" and referenced as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by all parties. The city shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution.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 reoular meeting thereof, held on the 4th 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COLTON UNIFIED DISTRICT 2 . WORK ABILITY PROGRAM. 3 day of February , 1991, by the following vote, to wit: 4 Council Members: ABSTAIN AYES NAYS 5 ESTRADA 6 REILLY 7 FLORES -.-X -.-X 8 MAUDSLEY -.-X 9 MINOR 10 POPE-LUDLAM 11 MILLER 12 13 14 15 16 17 ----X ---X. ----X ~...ull ~ CITY CLERK day of The foregoing resolution is February , 1991. roved this 5th 18 19 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: JAMES F. PENMAN, city torney 'I 6-,a,......... :'" ,~w q [- Wi" COLTON JOINT UNIFIED SCHOOL DISTRICT WORK-ABILITY PROGRAM Joint Venture Training Agreement This Agreement is made between the City of San Bernardino hereinafter called the AFFILIATE, and the Colton Joint Unified School District, hereinafter call the DISTRICT. WHEREAS, the DISTRICT desires to utilize classroom and laboratory facilities to be used for the instruction of school- age youth enrolled in the DISTRICT 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 DISTRICT for use in the instruction of students at times mutually agreeable to AFFILIATE and the DISTRICT beginning February 5, 1991 and continuing until cancelled by either party and provided without rental charge to the DISTRICT. It is understood that said premises shall be used 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 Agreement, the parties agree as follows: this 1. The AFFILIATE does hereby provide facilities suitable for use in the instruction and training of DISTRICT students. . , . . " 2. 3. 4. The AFFILIATE shall furnish all in-kind services, such as utilities, custodial and maintenance that may be used or needed by the DISTRICT in and about premises including emergency telephone services. 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. 5. 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. 6. The AFFILIATE and the students understand that the students are not entitled to wages from the AFFILIATE for the time spent in training. The DISTRICT has the responsibility hereunder for informing students if they are entitled to wages for the time spent in training. 7. 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. All expenses of conducting said training, such as transportation to the worksite, shall be born by the DISTRICT and the AFFILIATE shall have no obligation under this Agreement except as herein provided. 9. The DISTRICT shall furnish supplies as necessary and incidental to the conducting of the program; it being understood that the AFFILIATE shall not be responsible for loss, theft, or damage to such supplies. 10. The DISTRICT assures that students will be subject to rules and regulations of the AFFILIATE during the hours they are in the facilities and shall be under th direct supervision of the AFFILIATE and/or managing personnel of the AFFILIATE. AFFILIATE may terminate students as it does with regular employees. The DISTRICT shall provide the AFFILIATE with necessary consultation services relative to the desired goals for each student. 11. The DISTRICT assures that the students are aware they are not necessarily entitled to a job at the conclusion of the training program. 12. Neither the DISTRICT nor the AFFILIATE, shall discriminate against any student on the basis of race, color, religion, national origin, sex or handicap in making available opportunities in occupational instruction and training. 13 . Hold harmless. The DISTRICT 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 DISTRICT 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 DISTRICT and the AFFILIATE with respect to those liabilities to which the DISTRICT 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 DISTRICT 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 DISTRICT and the Common Council of the City of San Bernardino. 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. DATE: oj);;' \ /"1/ I CITY OF SAN BERNARD (" AFFILIATE") ~~2 /7 ,~ ~;L;/ " TITLE: Y ATTEST: () '{I}{ . \A A C^-i~ -, ('---1_/;\1/-(_1.-_ CITY CLERK ,1 DATE: BY: TITLE Approved as to form and legal content: JAMES F. PENMAN City ttorney '-