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HomeMy WebLinkAbout32-Animal Control - CITY OF SAN BERtORDINO - REQUEST ())R COUNCIL ACTION From: Deborah L. Biggs q[C'D.-H;~qH. GShbject: Colton-Yucaipa-Redlands Regional Director of Animal Control"v, "~I' '" Occupational Program (ROP) Agreement Animal Control L.,J h..J L'~ :: .~) Dept: Date: 8-23-90 Synopsis of Previous Council action: 11-2-87 Council approved initial agreement with ROP. 8-5-89 Council approved renewal of agreement. Recommended motion: Adopt resolution. ~:I.~ Signature Contact parlon: Deborah L. BiRRS Phone: 384-5275 Supporting deta etteched: yes Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notel: ~ -CITY OF SAN BERtORDINO - REQUEST OR 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, nutritian, etc. Each student assigned to our facility as their "community classroom" assign- ment must complete 100 hours of volunteer service to graduate from the program. The previous agreements have been for one year each. This format has been changed at the request of ROP to be continuous until cancelled by either party under the terms listed in the agree- ment. It is respectfully recommended that the Mayor and Common Council adopt the resolution autho- rizing the execution of the agreement for this activity. Over the past few years, the Colton-Redlands-Yucaipa Occupational Program (ROP) has, in coopera- tion 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 formalization of the arrangement and continued use of our facility by the ROP instructors and students. Until last fall, 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 class- room 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. 15-0264 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 o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM TO UTILI~E 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 hereby authorized and directed to execute on behalf of said City 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 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 sixty (60) 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 o o 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 or adults enrolled in ROP 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 ROP students at times mutually agreeable to AFFILIATE and the ROP beginning AUQUst 1, 1990 and continuing until cancelled by either party 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 Agreement, the parties agree as follows: this 1. The AFFILIATE does hereby provide facilities suitable for use in the instruction of ROP students. o o 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 telephone 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. 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 for the time spent in training. ROP has responsibility hereunder for informing students that they 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 train- ing is for the benefit of the students. , '. o o 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 inci- dental to the conducting of the program: it being under- stood 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 necessarily entitled to a job at the conclusion of the training program. 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. 13. 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, or employees may become subject in carrying out the provisions of this Agreement. o o 14. 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. 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 ROP 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 ROP. 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 this Agreement, and any such document or instrument, the terms and conditions of this Agreement shall prevail. o o IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN BERNARDINO (" AFFILIATE") DATE: BY: ATTEST: TITLE: CITY CLERK COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM ("ROP") DATE: BY: SUPERINTENDENT Approved as to form and legal content: JAMES F. PENMAN city Attorney 6L Instructor's BY: Ao--.? /~ (J Instructor: Signature: