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HomeMy WebLinkAbout05.G- Human Resources RESOLUTION (ID# 2730) DOC ID: 2730 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Allen Parker M/CC Meeting Date: 10/21/2013 Prepared by: Linda Wynn, (909) 384-5161 Dept: Human Resources Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Internship Agreement Between Trustees of California State University, San Bernardino and the City of San Bernardino. (#2730) Current Business Registration Certificate: Not Applicable Financial Impact: There will be no financial impact to participate in this program. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: The California State University system provides accredited instructional programs which require or benefit from off-site internship learning experiences. The City is interested in participating in the California State University, San Bernardino (CSUSB) internship program. This program will be administered by the City of San Bernardino Human Resources Division and will include CSUSB Internships within the City Departments. The interns will aid City Departments with the execution and employment of existing services and duties. CSUSB interns will not receive monetary recognition, although they may receive recognition for their service as well as gain valuable skills and experience. Participating interns will receive four (4) credit units from the University. The focus of the intern's efforts and opportunities will be on City-recognized priorities and the support of those City Departments to which the intern(s) are assigned. 1 Under assigned direction, the interns will assist in levels of work designed to complement and supplement existing City programs and satisfy University requirements for the four (4) credit units. The Internship will be limited to one ten (10) week duration. Various Departments of the City may be assigned an intern and the intern shall work under an assigned supervisor. The supervisor shall have a college degree and an experience level equal to or greater than a manager employee. The following duties are typical for collegiate internships working at the City of San Bernardino. Any single internship position may perform all of these duties and/or may perform similar Updated: 10/16/2013 by Richard D.Luczak Racket Pg. 103 2730 related duties not listed here. The below duties are designed to challenge the intern and provide meaningful and productive work results that are measurable: 1. Plans, organizes and conducts administrative, management, financial and program analyses relating to assigned issues and/or programs. 2. Researches and drafts a wide variety of materials on assigned issues, including reports, procedures, manuals, communications memoranda, presentations, proposed code or ordinance changes and other research materials; gathers supporting materials and develops written recommendations to the department management. 3. Conducts research, analyzes data and drafts procedure documents to address identified needs and issues; drafts communications materials required for implementation. 4. Develops data collection tools, including surveys and questionnaires; analyzes program and operational data and develops recommendations to improve productivity and effectiveness. 5. Performs assigned department specific program activities to accomplish specific work goals and objectives. May interact with other departments and collaborate with staff on the accomplishment of assigned goals. 6. Applies basic principles, tools and techniques of project planning and management II pP specific to the assigned work objective. (aw These duties have been reviewed by CSUSB internship and college counseling staff and will satisfy a four (4) unit credit requirement upon successfully completing the internship program at the City. City Attorney Review: Supporting Documents: reso 2730 (PDF) Ex. A-Master Internship Agreement CSUSB Revised (PDF) PC Just Memo Internship Program with CSUSB 10-10-13 (PDF) Updated: 10/16/2013 by Richard D. Luczak Picket pg. 104 . ._. .. . .._ .. .. . RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN INTERNSHIP 3 AGREEMENT BETWEEN THE TRUSTEES OF CALIFORNIA STATE 4 UNIVERSITY, SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: c c a 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized L 8 and directed to execute on behalf of said City an Internship Agreement between the Trustees °�° 9 n of California State University, San Bernardino and the City of San Bernardino, a copy of 10 which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully 11 j 12 as though set forth at length. E M 13 SECTION 2. The authorization granted hereunder shall expire and be void and of no ai o 14 a. further effect if the agreement is not executed by both parties and returned to the Office of the 2 N 15 City Clerk within sixty(60) days following the effective date of the Resolution. 16 17 ti 18 0 M ti 19 III o N 20 /ll 21 22 w ilI a 23 24 25 /lI 26 Ill 27 28 Packet Pg. 105i 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN INTERNSHIP AGREEMENT BETWEEN TRUSTEES OF CALIFORNIA STATE UNIVERSITY, 3 SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting 6 thereof, held on the day of ,2013,by the following vote,to wit: 7 _ L 8 Council Members: AYES NAYS ABSTAIN ABSENT m 9 MARQUEZ m d 10 JENKINS 11 VALDIVIA 12 3 SHORETT £ 13 �, o 14 KELLEY a a s 15 JOHNSON L 16 MCCAMMACK 17 M ti 18 M 19 Georgeann Hanna, City Clerk o 20 The foregoing Resolution is hereby approved this day of , 2013. r _ 21 E 22 Patrick J. Morris,Mayor a 23 City of San Bernardino 24 Approved as to form: JAMES F. PENMAN, 25 City Attorney 26 By: Z- 27 1� 28 Packet Pg.106 MASTER INTERNSHIP AGREEMENT Between CITY OF SAN BERNARDINO and TURSTEES OF CALIFORNIA STATE UNIVERSITY c THIS AGREEMENT is made and entered into this day of October, 2013 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and the Trustees of the California State University, California, / California State University, San Bernardino m hereinafter referred to as ("the INSTITUTION"). RECITALS: A. WHEREAS, the INSTITUTION provides accredited instructional programs, which require or benefit from off-site learning experiences (hereinafter the INSTITUTION's Y PROGRAMS); and 3 E B. WHEREAS, CITY has facilities and professional staff suitable for the L INSTITUTION'S PROGRAMS; and o a C. WHEREAS, CITY is willing to allow the INSTITUTION to place students in s appropriate CITY departments for specific learning experience; as D. WHEREAS, CITY and the INSTITUTION desire to enter into a master student internship agreement that pertains to liability and other general term; M E. WHEREAS, CITY and the INSTITUTION understand that a City department may establish a work plan with individual students pertaining to the specific duties and benefits of a y particular internship; d F. NOW, THEREFORE, in consideration of the mutual covenants and conditions Cnn contained herein, the parties agree as follows: N U AGREEMENT c m E 1. CITY shall: a a) Provide and maintain facilities, as presently available and as necessary, for the 2- Internship Program, in its sole discretion. the . 2- Assure that staff is adequate in number and quality to provide safe and continuous d management of the Internship Program in cooperation with the INSTITUTION and, if applicable, the INSTITUTION'S instructor. c) Request emergency first aid for any student who becomes sick or injured by conditions caused by a student's partici pation in the Internship Program at CITY. d) Have the right, after consultation with the INSTITUTION, to refuse to accept for a further programs any of the INSTITUTION'S students who, in CITY'S judgment are w not participating satisfactorily. Students not following CITY policies will be removed r from the CITY facilities immediately. E t 2. INSTITUTION shall: a In consultation and coordination with CITY'S staff, arrange for periodic conferences between appropriate representatives of the INSTITUTION and CITY to evaluate the Packet Pg.107 5.G.b Internship Program. b) Designate the students who are enrolled in the INSTITUTION to be considered by the CITY for the Internship Program, in such numbers as are mutually agreed to by o both parties. _ c) Oversee the Internship Program between INSTITUTION and the CITY and, if applicable to the program, provide supervisory instructors for the Internship Program provided for in this Agreement. Keep all attendance and academic records m of students participating in the Internship Program. d) Advise every student to follow all applicable CITY policies, procedures, and regulations, and all requirements and restrictions specified by representatives of the a INSTITUTION and the CITY. N e) Certify to CITY, at the time each student first reports to CITY, that student has 0 complied with the following: 1) Provide evidence of health insurance coverage; 3 2) Completed any prerequisite training necessary for participation in the Internship E Program. The INSTITUTION will maintain records documenting this training; 3) If applicable to the Internship Program, the INSTITUTION shall require stunts a de to show proof that the student has been immunized against common a communicable diseases; and s 4) If applicable to the Internship Program, completed a Tuberculosis test which FE resulted in a negative tuberculin skin test or negative chest x-ray. 3) GENERAL PROVISIONS M ti N 3.1 Independent Contractor. The INSTITUTION, at all times while performing under this Agreement, is and shall be acting as an independent contractor and not as an agent or v employee of CITY. The INSTITUTION shall secure, at its own expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and v00i other payroll deductions for the INSTITUTION and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed U hereunder. Neither the INSTITUTION nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to E workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of a the INSTITUTION and its officers', agents' and employees' work for the CITY. This Agreement '? does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and the INSTITUTION. d w _ 3.2 Indemnification and Hold Harmless. Except as may be otherwise provided in this d Agreement, each party shall indemnify, hold harmless and defend the other party from any and all loss, liability, claim, lawsuit, injury, expense or damages whatsoever, including, but not limited to, attorneys' fees and court costs, arising out of, incident to or in any manner a occasioned by the performance or nonperformance by such indemnifying party, its agents, W employees, servants, or subcontractors, of any covenant or condition of this Agreement or by the negligence, improper conduct or intentional acts or omissions of such indemnifying parties, its agents, employees, servants, or subcontractors. _ U 3.3 Minimum Scope and Limits of Insurance. The INSTITUTION and CITY shall obtain and maintain during the term of this Agreement all of the following insurance coverages: Packet Pg. 108 (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy c limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), m combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. m d m A valid certificate of self-insurance may be provided to satisfy this provision. N �a 3.4 No Monetary Obligation. There shall be no monetary obligation on the INSTITUTION or CITY, one to the other, except as expressly provided herein. 3 E 3.5 Term of Agreement. This Agreement shall remain in effect for one year from the Effective Date and may be renewed for one-year periods subject to the termination provisions of ° this paragraph. CITY or the INSTITUTION may terminate this Agreement without cause upon a thirty (30) days written notice to the other party. N C 3.6 Non-discrimination. In performing this Agreement, the INSTITUTION shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, M mental or physical disability, medical condition, marital status, sexual gender, genetic or sexual orientation and that all City policies and ordinances apply to this agreement. City shall comply with its policies and ordinances. y 3.7 Assignment: The INSTITUTION shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the INSTITUTION's interest in this co Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and shall be cause for termination of this Agreement. Regardless of CITY's consent, no subletting or d assignment shall release the INSTITUTION of the INSTITUTION's obligation to perform all other E obligations to be performed by the INSTITUTION hereunder for the term of this Agreement. Q 3.8 Entire Agreement. This Agreement constitutes the entire Agreement between .2- the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including a; exhibits to this Agreement. 2 3.9 Compliance With Law. The INSTITUTION shall, at the INSTITUTION'S sole cost a and expense, comply with all City, County, State, and federal law now in force or which may w hereafter be in force with regard to this Agreement. The judgment of any court of competent jurisdiction, or the admission of the INSTITUTION in any action or proceeding against the INSTITUTION, whether CITY is a party thereto or not, that the INSTITUTION has violated any such law, shall be conclusive of that fact as between the INSTITUTION and CITY. w w a 3.10 Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of Packet Pg.109 5.G.b laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California, or in the United States District Court for the Central District of o California. =a L M 3.11 Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, m facsimile or mail and shall be addressed as set forth below. Such communication shall be r- M deemed served or delivered: a) at the time of delivery if such communication is sent by personal co delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such N communication is sent through regular United States mail. M IF TO CITY: IF TO THE INSTITUTION: 3 City Manager Director of Procurement and Support Services E 300 North "D" Street Kathy Hansen San Bernardino, CA 92412 5500 University Parkway o Telephone (909) 384-5122 San Bernardino, CA 92407 a. Telephone: (909) 537-5142 N G L 0 M ti N d N d m N M Cn U c m E a> m L Q Q t N F L d C L d N M a X W C d E t v ca Q Packet Pg. 110 MASTER INTERNSHIP AGREEMENT Between CITY OF SAN BERNARDINO and TURSTEES OF CALIFORNIA STATE UNIVERSITY c IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. m CITY OF SAN BERNARDINO, THE TRUSTEES OF THE M A Municipal Corporation CALIFORNIA STATE UNIVERSITY, n CALIFORNIA c Y Cn �Q U s :3 Allen Parker, City Manager Kathy Hansen, Director of E Procurement& Support Services 0 a ATTEST: N _ d _ Georgeann Hanna, City Clerk M d � APPROVED AS TO FORM: y co m ?Qy F. PENMAN, Cn Cn rne y d E a� Q c L d rt+ N f6 a W c m E s a t 5.G.c CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Request for Proposal 0 c From: Allen Parker M/CC Meeting Date: 10/21/2013 Prepared by: Helen Tran Dept: Human Resources Ward(s): All m c �a Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Internship Agreement Between the Trustees of California State University, San Bernardino and the City of San Bernardino. Financial Impact: E Account Numbers: No Fiscal Impact L 0 L Motion: Adopt Resolution. 2 N Synopsis of Previous Council Action: None. 0 Background: N The California State University system provides accredited instructional programs which r require or benefit from off-site internship learning experiences. The City is interested in participating in the California State University, San Bernardino (CSUSB) internship program. co U) This program will be administered by the City of San Bernardino Human Resources Division and will include CSUSB Internships within the City Departments. w 3 E The interns will aid City Departments with the execution and employment of existing M services and duties. CSUSB interns will not receive monetary recognition, although they 0- may receive recognition for their service as well as gain valuable skills and experience. . Participating interns will receive four (4) credit units from the University. The focus of the N intern's efforts and opportunities will be on City-recognized priorities and the support of L those City Departments to which the intern(s) are assigned. 0 Under assigned direction, the interns will assist in levels of work designed to E complement and supplement existing City programs and satisfy University requirements for the four (4) credit units. The Internship will be limited to one ten (10) week duration. Various Departments of the City may be assigned an intern and the intern shall work under an assigned supervisor. The supervisor shall have a college degree and an a experience level equal to or greater than a manager employee. E The following duties are typical for collegiate internships working at the City of San r ' Bernardino. Any single internship position may perform all of these duties and/or may Q Packet Pg. 112 perform similar related duties not listed here. The below duties are designed to challenge the intern and provide meaningful and productive work results that are 0 measurable: L �u 1. Plans, organizes and conducts administrative, management, financial and E a� program analyses relating to assigned issues and/or programs. m 2. Researches and drafts a wide variety of materials on assigned issues, including reports, procedures, manuals, communications memoranda, presentations, proposed code or ordinance changes and other research materials; gathers supporting materials CO and develops written recommendations to the department management. U 3. Conducts research, analyzes data and drafts procedure documents to address identified needs and issues; drafts communications materials required for implementation. a a 4. Develops data collection tools, including surveys and questionnaires; analyzes N program and operational data and develops recommendations to improve productivity L a� and effectiveness. 5. Performs assigned department specific program activities to accomplish specific M work goals and objectives. May interact with other departments and collaborate with N co staff on the accomplishment of assigned goals. 0 6. Applies basic principles, tools and techniques of project planning and management specific to the assigned work objective. in These duties have been reviewed by CSUSB internship and college counseling staff and will satisfy a four (4) unit credit requirement upon successfully completing the Y internship program at the City. E L City Attorney Review: 0 a a N Supporting Documents: Resolution Authorizing the Execution of a Internship Agreement with Trustees of = California State University, San Bernardino (PDF) 0 a� Trustees of California State University, San Bernardino Internship Agreement v1 (PDF) exhibit a - (PDF) _ U a c m E a Packet Pg. 113