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Home My WebLink About2014-275 (IMPORTANT NOTE: Resolution is Null and Void because the Agreement was not executed within the time specified.) RESOLUTION NO. 2014-275 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN 3 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, RIVERSIDE, ANDERSON GRADUATE SCHOOL OF MANAGEMENT (AGSM) AND THE CITY OF SAN 4 BERNARDINO. 5 6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager of the City of San Bernardino is hereby 9 authorized and directed to execute on behalf of said City an Agreement between 10 the Regents of the University of California, Riverside, Anderson Graduate School of 11 Management (AGSM) and the City of San Bernardino, a copy of which is attached 12 hereto marked Exhibit "A" and incorporated herein by reference as fully as though 13 set forth at length. 14 15 SECTION 2. The authorization granted hereunder shall expire and be void 16 and of no further effect if the agreement is not executed by both parties and returned 17 to the Office of the City Clerk within sixty (60) days following the effective date of the 18 Resolution. 19 20 21 /lI 22 23 24 25 /// 26 27 28 /// 2014-275 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN 2 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, RIVERSIDE, ANDERSON 3 GRADUATE SCHOOL OF MANAGEMENT (AGSM) AND THE CITY OF SAN BERNARDINO. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a 7 joint regular meeting thereof, held on the 21st day of July 8 2014, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ x 12 BARRIOS x 13 VALDIVIA x 14 SHORETT x 15 NICKEL x 16 17 JOHNSON x 18 MULVIHILL x - , 19 CAA i / -►cyc� Geor nn Hanr'City Clerk 20 21 The foregoing Resolution is hereby approved this g- day of July 2014. 22 23 6.-/z c 24 R. Carey D vis, Mayor City of San Bernardino 25 26 Approved as to form: Gary D. Saenz, City Attorney 27 28 By. 6L'cQ 2014-275 EXHIBIT "A" Memorandum of Understanding This AGREEMENT (hereinafter "Agreement") is entered into the 21st day of July, 2014 ("Effective Date") by and between the Regents of the University of California through its Riverside Campus and its A. Gary Anderson Graduate School of Management "AGSM" (hereinafter "University") and the City of San Bernardino (hereinafter "City"). University and the City may be referred to individually as "Party" or collectively as "Parties". The purpose of this Agreement is to define how the University's AGSM will offer scholarships for its graduate degree programs (the Flex MBA, MFin, and MPAc programs) to current City employees who are employed 50% time or more. These scholarships shall not apply to courses offered at any other School/Department of the University. The PARTIES Mutually Agree: A. This Agreement is effective as of the Effective Date and shall terminate one year from that date, unless previously terminated by either Party. The Parties may renew this agreement upon mutual consent. Any extension of the term of this Agreement or amendment to the terms of this Agreement shall be in writing and signed by both Parties. B. Either Party may terminate this Agreement, with or without cause at any time, by giving the other Party thirty (30) days written notice. The Parties agree that termination of this Agreement will not affect any scholarships awarded for the remainder of the current session at the time of the termination date. C. University shall provide to any City Employee a scholarship equivalent of a 60 % discount off the current AGSM graduate programs and course Resident tuition rates in existence at the time of enrollment, and for up to one year after the Effective Date of this Agreement. For purposes of determining the 60% scholarship equivalent award, tuition and no other fee applicable to the student will be discounted. The 60 % scholarship equivalent award will remain in force for the duration of the student's academic time at the AGSM, provided the City Employee is not enrolled for two consecutive quarters at AGSM. D. Students wishing to enroll in an AGSM program/course must apply for admission and be admitted in accordance with the University's existing admission requirements and processes for graduate level. Upon request, the City agrees to verify the employment status of City Employee(s). Flex MBA, MFin, MPAc, programs offered by the University's AGSM are eligible; however, the AGSM reserves the right to modify its programs, course offerings and/or curricula at any time. Page 1 2014-275 EXHIBIT "A" E. This Agreement does not prohibit City Employees from applying for other Federal, state or private student loans and/or financial aid for which they may be eligible. F. The City will incur no financial obligation to the University other than those it may voluntarily assume in connection with any scholarship awarded directly to the City Employee(s). City Employee(s) will otherwise be personally responsible to the University for payment of fees and the remainder tuition. City Employee(s) will remain personally responsible to the University for payment of all fees and tuition not covered by any applicable scholarship, loans or other applicable financial aid. G. The University shall defend, indemnify and hold the City its officers, agents and employees harmless from and against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages directly arising out of the University's performance of this Agreement, but only in proportion to and to the extent such liability, loss expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, errors or omissions of the University, its officers, agents or employees. H. City shall defend, indemnify and hold the University, its officers, employees and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys' fees or claims for injury or damages directly arising out of City performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, errors or omissions of the City its officers, agents or employees. I. City shall provide opportunities for the University to market this scholarship opportunity and related program offerings to City Employees via emails, posters, brochures, information sessions, staff meetings, postings on ESP website, and any other opportunities with the City as deemed appropriate. City shall collaborate with the University in outreach efforts. An illustrative example is attached as Appendix A. J. Miscellaneous Provisions a) Authority. The undersigned individuals are authorized to execute this Agreement on behalf of their respective organizations, and each Party represents that this Agreement constitutes a legal and binding obligation of the Parties. b) Severability. It is agreed that if any provision of this Agreement shall be determined to be void by a court of competent jurisdiction, then so long as such determination shall not affect any other material provisions of this Agreement and shall continue to allow this Agreement to be performed in the reasonable expectations of both Parties, then this Agreement and all such other provisions shall remain in full force and effect. c) Notices. Any notice required or permitted to be provided under this Agreement shall be in writing and shall be deemed to have been duly given if mailed via first class mail, or by a reputable overnight delivery service, or by personal delivery, and directed to the address of such Party set forth below: Page 2 2014-275 EXHIBIT "A" CITY OF SAN BERNARDINO UNIVERSITY CONTACT CONTACT INFORMATION: INFORMATION: City of San Bernardino A Gary Anderson Graduate School of Human Resources Department Management 300 North D Street Deans Office, Anderson Hall San Bernardino, CA 92418 900 University Ave Attn: Helen Tran Riverside, CA 92521-0203 Phone: (909) 384-5161 Phone (951) 827- 6200 Fax (951) 827-2055 d) Complete Agreement. This Agreement represents the Parties' final and complete agreement, and this Agreement shall supersede all other understandings, discussion and/or agreements between the Parties with regard to the subject matter in the Agreement. e) Governing Law. This Agreement shall be construed in accordance with the laws of the State of California and in effect at the time of the execution of this Agreement. f) Counterparts. The Parties agree that separate copies of this Agreement be signed by each of the Parties to the Agreement and these copies will have the same force and effect as if the original had been signed by all Parties. /// /// /// /// /// /// /// /// /// /// /// /// /// Page 3 2014-275 EXHIBIT "A" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA THROUGH ITS RIVERSIDE CAMPUS AND IT'S A. GARY ANDERSON GRADUATE SCHOOL OF MANAGEMENT ACCEPTED BY THE CITY OF SAN BERNARDINO: Signature: Name: Allen J. Parker Title: City Manager Date: Approved as to form: Gary D. Saenz, City Attorney ACCEPTED BY THE REGENTS OF THE UNIVERSITY • - ORNIA: Signature: Name: Charles Rowley Title: Interim Vice Chancellor Finance and Business Operations Date: Signature: Name: Dr. Yunzeng Wang Title: Dean of the School of Business Administration Date: Page 4 2014-275 EXHIBIT "A" APPENDIX A ACTIVITY DATE COORDINATOR COMPLETED Email sent by HR Print your own / Flyers On-site Information and Tabling Session Web Links (ESP website only) Staff Referrals Giveaways (promotional items, rulers, pens) ANNUAL EVALUATION YEAR Page 5