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· CITY OF SAN BERNQDINO - REQUEST F<::M COUNCIL ACTION
From: Deborah L. Biggs
Director of Animal Control
Dept: Animal Control
Subject: Resolution of the City of San Bernardino
authorizing Colton-Redlands-Yucaipa Occupational'
Program (ROP) Agreement
Date: June 19, 1991
Synopsis of Previous Council action:
11-2-87
8-5-89
10-1-90
2-4-91
Council approved initial agreement with ROP
Council approved renewal of agreement
Council adopted Resolution 90-409, approving the agreement. However, it
appears that the unsigned agreement was lost during a change in administration
of ROP.
Council adopted Resolution 91-37, approving the agreement.
Recommemled motion:
Adopt Resolution
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Signat~r
Contact person:
Deborah L. Biggs
Phone:
384-5048
Supporting data attached: yes
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
1
75-0262
Agenda Item No.
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. CITY OF SAN BERNaDINO - REQUEST FeR COUNCIL ACTION
STAFF REPORT
The program provides the student - potential employees - with
an opportunity to learn about a variety of services that are
typically provided for animals such as medical care,
grooming, nutrition, etc. Each student assigned to our
facility as their "community classroom" assignment must
complete 100 hours of volunteer service to graduate from the
program.
The previous agreements
format has been changed
uous until cancelled by
in the agreement.
have been for one year each. This
at the request of ROP to be contin-
either party under the terms listed
It is respectfully recommended that the Mayor and Common
Council adopt the resolution authorizing the execution of the
agreement for this activity.
Over the past few years, the COlton-Redlands-Yucaipa Occupa-
tional Program (ROP) has, in cooperation with the Department
of Animal Control, provided a program of training students in
the skills necessary to qualify for jobs in the animal care
and control field. This agreement represents the formaliza-
tion of the arrangement and continued use of our facility by
the ROP instructors and students.
In the past evening classes were held at our shelter two
nights per week from 6:00 p.m. - 9:00 p.m.; however, due to
staffing levels and our need for additional office space, the
classroom portion of ROP takes place at their office in
Redlands. We continue to allow them to use our facility as a
"community classroom", as part of the Animal Care Program
must be hands-on type training.
It should be noted that the students provide services to the
shelter by the nature of the training they receive.
Council approved Resolution 91-37 on February 4, 1991 approv-
ing the agreement. However, there was a wording concern by
ROP in the "Hold Harmless" section. County Council has
approved of this new agreement.
75-0264
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RESOLUTION NO.
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 CLASSES, AND
TO RESCIND RESOLUTION 91-37.
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
an Agreement with COlton-Redlands-Yucaipa Regional Occupational
Program, 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
14 fully signed and executed by all parties. The ROP shall not be
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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
20 agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
22 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
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA
REGIONAL OCCUPATION PROGRAM . . . ANIMAL CARE PROGRAM.
day of
, 1991, by the following vote, to wit:
Council Members:
ABSTAIN
AYES
NAYS
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
CITY CLERK
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,
Cl~
BY: )
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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.
the mutual benefits
derive under this
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
2.
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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.
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 ROP has the responsibi-
lity 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 training 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 ROP
and the AFFILIATE shall have no obligation under this
Agreement except as herein provided.
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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 in cooperation with the AFFILIATE shall
develop a competency based instructional plan for each
student enrolled in the community classroom.
11. The ROP assures that students will be subject to
rules, regulations, and procedures of the AFFILIATE during
the operational hours they are in the facilities and shall
be under the direct supervision of the AFFILIATE and/or
managing personnel of the AFFILIATE. AFFILIATE may
terminate students at will. The ROP shall provide the
AFFILIATE with necessary consultation services relative to
the desired goals for each student.
12. The ROP assures that the students are aware they are
not necessarily entitled to a job at the conclusion of the
training program.
13.
the responsi-
during the
The ROP and the AFFILIATE shall share
bility for the supervision of students
community classroom experience.
14. Neither the ROP nor the AFFILIATE, shall discriminate
against any student on the basis of race, color, religion,
national origin, sex, age or handicap in making available
opportunities in occupational instruction and training.
15. 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
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claims of every name and description, including reasonable
attorneys' fees, to which the AFFILIATE, its officers,
agents, students and employees may become subjected or put
to by reason of damage or act on omission occasioned by
the ROP, its officers, agents, or employees in carrying
out the provisions of this Agreement.
16. The AFFILIATE agrees to defend, indemnify and hold
harmless the ROP, 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 ROP, its officers, agents and employees may
be subjected or put to by reason of damage or act or
omission occasioned by the AFFILIATE, its officers, agents
or employees in carrying out the provisions of this
Agreement.
17. 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. poli~y shall
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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1 COLTON-REDLANDS-YUCAIPA
2 REGIONAL OCCUPATIONAL PROGRAM
3 Joint Venture Training Program
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5 IN WITNESS WHEREOF, the parties hereto have executed this
6 Agreement.
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8 CITY OF SAN BERNARDINO
("AFFILIATE")
DATE:
BY:
ATTEST:
TITLE:
CITY CLERK
COLTON-REDLANDS-YUCAIPA
REGIONAL OCCUPATIONAL PROGRAM
("ROP")
DATE:
BY:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
c~
BY:
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