HomeMy WebLinkAbout14-Animal Control
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CITY OF SAN BERNADINO - REQUEST FOI COUNCIL ACTION
From: Deborah L. Biggs
Director of Animal Control
Dept: Animal Control
Subject: Agreement with the Colton Joint School
District (Work Ability Program)
Date: January 9, 1991
Synopsis of Previous Council action:
No prior Council action on this item.
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Recommended motion:
Adopt Resolution
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Signature
Contact penon:
Supporting dete Ittlched:
Deborah L. Biggs
Phone:
384-5275
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
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CITY OF SAN BERNODINO - REQUEST Fa. COUNCIL ACTION
STAFF REPORT
The Colton Joint Unified
to help special students
average or above average
problems in specific areas.
School District is making a concerted effort
become employable. These students have
mental ability but with some learning
These students need an opportunity to begin to bridge the gap between
school and the adult working world. In order to develop a successful
on-the-job training program for these students, the district needs
the concern and effort of the community, business and industry
leaders. Project Work Ability, a special program operating at the
high schools within the Colton Joint Unified School District, is
seeking employers in the local business community who will give these
students a chance. A successful job experience may be decisive in
making these students employable, productive members of society in
the future.
The students in training will receive support from a special needs
Placement Facilitator who will be working closely with the Shelter
Staff to provide a quality training program. The Facilitator will
also act as a liason between the school and the City, thus insuring
quality candidates for training positions.
students participating in the program will receive either academic
credit or minimum wage through the Project for work done. This means
that the students will be receiving training at no cost to the City.
Since the students are attending a local high school, most students
will be available to work up to four (4) hours on school days and up
to eight (8) hours on weekends. The total number of hours may not
exceed 28 per week. Workman's Compensation is provided by the
Project.
It is respectfully
adopt the resolution
this activity.
recommended that the Mayor and Common Council
authorizing the execution of the Agreement for
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RESOLUTION NO.
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
meeting thereof, held on the
9 MINOR
10 POPE-LUDLAM
11 MILLER
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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
4 Council Members:
5 ESTRADA
6 REILLY
7 FLORES
8 MAUDSLEY
, 1991, by the following vote, to wit:
ABSTAIN
NAYS
AYES
13 CITY CLERK
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day of
The foregoing resolution is hereby approved this ___
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City torney
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BY:
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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
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 DISTRICT
students.
the mutual benefits
derive under this
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2. 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.
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.
4. 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.
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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
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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
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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
("AFFILIATE")
DATE:
BY:
ATTEST:
TITLE:
CITY CLERK
COLTON JOINT UNIFIED
SCHOOL DISTRICT ("DISTRICT")
DATE:
BY:
TITLE
Approved as to form
and legal content:
JAMES F. PENMAN
City ttorney