HomeMy WebLinkAbout12-Animal Control
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CITY OF SAN BERNARDINO
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- REQUEST FOR COUNCIL AC<<N
From: Oeborah L. Bi ggs, Di rector of Animal
Control
Dept: Animal Control
Su~ect: Regional Occupational Program Agreement
with the City of San Bernardino
Date: July 6, 1989
Synopsis of Previous Council action:
11-2-87 Mayor and Council approved initial agreement with ROP
Recommended motion:
ADOPT RESOLUTI ON
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Signature
Contact person: nphore h
Riggs
Phone: ~R4-~?7~
Supporting data euached:
yes
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Oyer the past few years, the COlton-Redlands-Yucaipa 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 formalization of the arrangement and continuing use of our facility
in the evenings by the ROP Program.
Training in the Animal Care Program must be hands-on type training. It should be noted
that the students provide some services to the Shelter by the nature of the training
they rec~ve. The program proYides the student - potential employees- with an opportunity
to learn about a variety of serYices that are typically proYided for animals such as
veterinarian services, grooming, nutrition, etc.
It is respectfully recommended that the Mayor and Common Council adopt the resolution
authorizing the execution of the Agreement for this actiYity.
75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA
3 REGIONAL OCCUPATIONAL PROGRAM TO UTILIZE CLASSROOM AND LABORATORY
FACILITIES TO BE USED FOR THE INSTRUCTION OF SCHOOL-AGE YOUTH OR
4 ADULTS ENROLLED IN ROP FOR ANIMAL CARE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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The Mayor of the City of San Bernardino is
SECTION 1.
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hereby authorized and directed to execute on behalf of said City
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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
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executed and no oral agreement relating thereto shall be implied
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or authorized.
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The authorization to execute the abov~-
SECTION 3.
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referenced agreement is rescinded if the parties to the
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agreement fail to execute it within sixty (60) days of the
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passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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meeting thereof, held on the
Bernardino at a
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July 19, 1989
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA
2 REGIONAL OCCUPATIONAL PROGRAM...FOR ANIMAL CARE.
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day of
, 1989, by the following vote, to wit:
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AYES:
Council Members
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NAYS:
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ABSENT:
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City Clerk
The foregoing resolution is hereby approved this
day
of
, 1989.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: /~._ J. y2"..........
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July 19, 1989
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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 called 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 Drive, 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 for the period beginning July 1, 19a9 and
continuing until June 30, 1990, 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 this Agreement, the
parties agree as follows:
1.
The AFFILIATE does hereby provide facilities suitable
for use in the instruction of ROP students.
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
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July 19, 1989
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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.
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.
The ROP INSTRUCTOR shall develop an INDIVIDUALIZED
TRAINING PLAN for each pupil enrolled in this community
classroom.
"Immediate supervision" means pupil participation in
UNPAID community classroom experiences as outlined under a
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July 19, 1989
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8.
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training agreement and Individual Training Plan wherein the
supervisor of the training site and certificated school
personnel SHARE THE RESPONSIBILITY for the supervision of
community classroom experience.
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.
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.
The ROP assures that students will be subject to rules
and regulations of the AFFILIATE during the hours they are
in the facilities.
The ROP assures that the students are aware they are
not necessarily entitled to a job at the conclusion of the
training program.
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.
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,
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agents, students, and employees may be subjected or put to
by reason of damage or act of omission occasioned by the
ROP, its officers, agents, or employees in carrying out the
provisions of this Agreement.
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Public' liability and property damage insurance.
The
ROP agrees to see that each enrollee is supplied with
insurance coverage for Workmen'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
TOP by serving on the other party a 3D-day written notice of
such cancellation.
This Agreement shall be effective only
on approval of the Governing Board of the ROP.
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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
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respect to the subject matter hereof.
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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement.
CITY OF SAN BERNARDINO
("AFFILIATE")
DATE:
BY:
W. R. Holcomb, Mayor
ATTEST:
City Clerk
COLTON-REDLANDS-YUCAIPA
REGIONAL OCCUPATIONAL PROGRAM
("ROP")
DATE:
BY:
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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By: -#'1->_'" J
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