HomeMy WebLinkAbout1991-326
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91-326
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA
3 REGIONAL OCCUPATIONAL PROGRAM TO UTILIZE CLASSROOM AND
LABORATORY FACILITIES TO BE USED FOR THE INSTRUCTION OF SCHOOL
4 AGE YOUTH OR ADULTS ENROLLED IN ROP FOR ANIMAL CARE CLASSES, AND
TO RESCIND RESOLUTION 91-37.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino
8 hereby authorized and directed to execute on behalf of said ROP
9 an Agreement with Colton-Redlands-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.
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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.
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SECTION 3. The authorization to execute the above
19 referenced agreement
is rescinded if the parties to the
20 agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
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SECTION 4. This resolution rescinds Resolution 91-
23 37, passed February 5, 1991.
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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
meeting thereof, held on the 15th
reqular
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RESOLUTION OF THE
THE EXECUTION OF AN AGREEMENT
REGIONAL OCCUPATION PROGRAM .
CITY OF SAN BERNARDINO AUTHORIZING
WITH THE COLTON-REDLANDS-YUCAIPA
. . ANIMAL CARE PROGRAM.
3 day of July
, 1991, by the following vote, to wit:
4 Council Members:
5 ESTRADA
6 REILLY
7 HERNANDEZ
8 MAUDSLEY
9 MINOR
10 POPE-LUDLAM
11 MILLER
AYES
NAYS
ABSTAIN
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ik~ ~K~
The
July
foregoing resolution is hereby approved this 16th
, 1991. "
.' /7/1 ,/
~/?/ /_/~', c
7~ .' .
/,/ /' ". J.:. _
w. R. Holcomb, Mayor ,..-/
City of San B4rnardino
day of
Approved as to
form and legal content:
JAMES F. PENMAN,
City~
BY: ~)
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Res. 91-326
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 and adults 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 ROP for use
in the instruction of students at times mutually agreeable to
AFFILIATE and the ROP beginning Auqust 1, 1991 and continuing
until cancelled by either party and provided without rental
charge to the ROP. It is understood that said premises shall
be used subject to the terms and conditions hereinafter set
forth.
NOW, THEREFORE, in consideration of
that each of the parties hereto will
Agreement, , the parties agree as follows:
1. The AFFILIATE does hereby provide facilities suitable
for use in the instruction and training of ROP students.
The AFFILIATE shall furnish all in-kind services,
such as utilities, custodial and maintenance that may be
used or needed by the ROP in and about premises including
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the mutual benefits
derive under this
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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.
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 from the AFFILIATE for
the time spent in training. The ROP has the responsibi-
lity hereunder for informing students if they are 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 training is for the benefit of the students.
All expenses of conducting said training, such as
transportation to the worksite, shall be born by the ROP
and the AFFILIATE shall have no obligation under this
Agreement except as herein provided.
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1 9. The ROP shall furnish supplies as necessary and
2 incidental to the conducting of the program; it being
3 understood that the AFFILIATE shall not be responsible for
4 loss, theft, or damage to such supplies.
5 10. The ROP in cooperation with the AFFILIATE shall
6 develop a competency based instructional plan for each
7 student enrolled in the community classroom.
8 11. The ROP assures that students will be subject to
9 rules, regulations, and procedures of the AFFILIATE during
10 the operational hours they are in the facilities and shall
11 be under the direct supervision of the AFFILIATE and/or
12 managing personnel of the AFFILIATE. AFFILIATE may
13 terminate students at will. The ROP shall provide the
14 AFFILIATE with necessary consultation services relative to
15 the desired goals for each student.
16 12. The ROP assures that the students are aware they are
17 not necessarily entitled to a job at the conclusion of the
18 training program.
19 13. The ROP and the AFFILIATE shall share the responsi-
20 bility for the supervision of students during the
21 community classroom experience.
22 14. Neither the ROP nor the AFFILIATE, shall discriminate
23 against any student on the basis of race, color, religion,
24 national origin, sex, age or handicap in making available
25 opportunities in occupational instruction and training.
26 15. Hold harmless. The ROP agrees to defend, indemnify
27 and hold harmless the AFFILIATE, its officers, agents and
28 employees from any and all suits, actions, damages, or
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1 claims of every name and description, including reasonable
2 attorneys' fees, to which the AFFILIATE, its officers,
3 agents, students and employees may become subjected or put
4 to by reason of damage or act on omission occasioned by
5 the ROP, its officers, agents, or employees in carrying
6 out the provisions of this Agreement.
7 16. The AFFILIATE agrees to defend, indemnify and hold
8 harmless the ROP, its officers, agents, and employees from
9 any and all suits, actions, damages, or claims of every
10 name and description, including reasonable attorneys' fees
11 to which the ROP, its officers, agents and employees may
12 be subjected or put to by reason of damage or act or
13 omission occasioned by the AFFILIATE, its officers, agents
14 or employees in carrying out the provisions of this
15 Agreement.
16 17. Public liability and property damage insurance. The
17 ROP agrees to see that each enrollee is supplied with
18 insurance coverage for Workman's Compensation and to take
19 out and maintain during the life of this Agreement such
20 public liability and property damage insurance as shall
21 protect the ROP and the AFFILIATE with respect to those
22 liabilities to which the ROP holds the AFFILIATE harmless.
23 AFFILIATE shall be a named insured in each policy. The
24 policy shall provide primary coverage over any insurance
25 of AFFILIATE and shall be in an amount acceptable to
26 AFFILIATE'S Risk Manager. Evidence of such insurance
27 shall be provided to Risk Management. Policy shall
28 provide that City Clerk shall be given thirty (30) days
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1 prior written notice to any change in such policy.
2 18. This Agreement may be cancelled by either AFFILIATE
3 or ROP by serving on the other party a 30 day written
4 notice of such cancellation. This Agreement shall be
5 effective only on approval of the governing board of the
6 ROP and the Common Council of the city of San Bernardino.
7 19. Entire agreement. This Agreement, any documents or
8 instrument attached hereto or referred to herein integrate
9 all terms and conditions mentioned herein or incidental
10 hereto, and supersede all negotiations and prior writing
11 in respect to the subject matter thereof. In the event of
12 conflict between the terms, conditions or provisions of
13 this Agreement, and any such document or instrument, the
14 terms and conditions of this Agreement shall prevail.
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COLTON-REDLANDS-YUCAIPA
REGIONAL OCCUPATIONAL PROGRAM
Joint Venture Training Program
5 IN WITNESS WHEREOF, the parties hereto have executed this
6 Agreement.
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CITY
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DATE: U,,(>~"Z /, /7//
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ATTEST:
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12 c~..fYt ~~i;R~'\C(' "'/'
13
OF SAN BERNARDINO /'
("AFFILIATE",), / //
,,/k ~~--7 / ..
BY,~/c> /.:~ ,/;;.JRffil- 1991
( L
TITLE: Mavor w. R_ Holcnmh
COLTON-REDLANDS-YUCAIPA
14 REGIONAL OCCUPATIONAL PROGRAM
("ROP")
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DATE: 1(d.?!qr
Approved as to form
and legal content:
JAMES F. PENMAN
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BY:
BY: ~ QQ))tQ \JIA ,\Yl'hl f'..
TITLE: ~\ffi'\€McklY\:-t-
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