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HomeMy WebLinkAbout1987-383 ,> . 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 10/14/87 RESOLUTION NO. 87-383 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 IN ROP FOR ANIMAL CARE. 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 is hereby authorized and directed to execute on behalf of said City an Agreement with Colton-Redlands-Yucaipa Regional Occupational Program is attached hereto marked Exhibit "A" and incorporated herein 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 2nd November , 1987, by the day of following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudsley, Hinor, !1iller NAYS: None ABSENT: Council /1ember Pope-Ludlam ~~ City Clerk 1 ,i' 1 The foregoing resolution is hereby approved this l' e:L day 2 of N(')vpmhAr . 1987. 3 4 5 Approved as to form 6 and legal content: 7 c1t~~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10/14/87 2 ~ COLTON REDLANDS YUCAIPA REGIONAL OCCUPATIONAL PROGRAM Joint Venture Training Agreement THIS AGREEMENT IS MADE BETWEEN CITY OF SAN BERNARDINO hereinafter called the AFFILIATE, and the Colton-Redlands-Yucaipa Regional Occupational Program, hereinafter called the ROp. WHEREAS, the ROP desires to utilize classroom and laboratory facil- ities 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 Drive, San Bernardino, CA. 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 for the period beginning and continuing until June 30, 1988 , 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. 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 tele- phone 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. 3. 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. 10-14-87 TRAINING AGREEMENT Page 2 4. AFFILIATE assures that this project will not be used to displace any of its full-time or part-time regular em- ployees. 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 opportuni- ties for its regular employees. 6. The AFFILIATE and the students understand that the students are not 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 training is for the benefit of the students. The ROP INSTRUCTOR shall develop and INDIVIDUALIZED TRAINING PLAN for each pupil enrolled in this community classroom. "Immediate supervision" means pupil participation in UNPAID community classroom experiences as outlined under a training agreement and Individual Training Plan wherein the supervisor of the training site and certificated school personnel SHARE THE RESPONSIBILITY for the supervision of community classroom experience. 8. 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. 9. The ROP 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 ROP assures that students will be subject to rules and regulations of the AFFILIATE during the hours they are in the facilities. 11. The ROP assures that the students are aware they are not neces- sarily entitled to a job at the conclusion of the training period. 12. 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. 10-14-87 ~ TRAINING AGREEMENT Page 3 GENERAL PROVISIONS: 1. 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, students, and employees may be subjected or put to by reason of damage or act of omission occasioned by the ROP, its officers, agents, or employees in carrying out the provisions of this Agreement. 2. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The ROP agrees to see that each enrollee is supplied with insurance coverage for Workmen'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. Evidence of such insurance shall be provided to Risk Management. Policy shall provide that City Clerk shall be given 30 days prior written notice to any change in such policy. 3. THIS AGREEMENT may be cancelled by either AFFILIATE or ROP by serving on the other party a 3D-day written notice of such can- cellation. This Agreement shall be effective only on approval of the Governing Board of the ROP. 4. ENTIRE AGREEMENT. This Agreement and 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 hereof. In the event of conflict between the terms, con- ditions or provisions of this Agreement, and any such document or instrument, the terms and conditions of this Agreement shall prevail. 10-14-87 TRAINING AGREEMENT Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DATE: Attest: City Clerk DATE: Approved as to Form and Legal Content: c~~ 10-14-87 CITY OF SAN BERNARDINO ("AFFILIATE") By Mayor COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM ("ROP") By