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HomeMy WebLinkAboutS04-Animal Control · 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 ~uA ~ ;t -&' 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. s-tj f . 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 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 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 15 16 17 18 19 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. 24 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 27 28 -1- Ii . 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 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: ) -2- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 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 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. -1- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 o o 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. -2- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 o o 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 -3- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 o o 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 -4- . II I o o 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. 15 III 16 III 17 III 18 III 19 lfi 20 III 21 III ~ m 23 fil 24 III ~ m 26 fil 27 lfi 28 fil -5- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " I o o 1 COLTON-REDLANDS-YUCAIPA 2 REGIONAL OCCUPATIONAL PROGRAM 3 Joint Venture Training Program 4 5 IN WITNESS WHEREOF, the parties hereto have executed this 6 Agreement. 7 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: -6-