HomeMy WebLinkAbout14-City Administrator
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'CI,\~ OF SAN BERNARD~"'.o -
REQU~T FOR COUNCIL AC-::ON
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Subject: ROP (Regional Occupat~onal Program)
Agreement with the City of San
Bernardino
From: JAMES ROBBINS, Deputy City
Administrator - Administrative
Dept: Services
Da~: October 22, 1987
SVnopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
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Signature
Contact person:
JAMES ROBBINS
Phone:
5122
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
1$.0212
Agenda Item No.
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'CI,c" OF SAN BERNARDICb - REQUM FOR COUNCIL AC~N
STAFF REPORT
Over the past few years, the Colton-Redlands-Yucaipa ROP
program has, in cooperation with our Animal Control Shelter,
provided a youth program of training students in the skills
necessary for Animal Control Technicians. Up to this point,
the program has been informally agreed upon between the two
agencies. This Agreement represents the formalization of
that arrangement and the continuing use of facility in the
evenings by the ROP Program.
On those evenings when students or faculty are on site, the
Shelter has arranged their work schedule so that an employee
is also on duty performing the normal functions that the
employee typically would perform during the time the students
and faculty are at the location. It should be noted that the
students do not replace any part-time or full time employees
but they provide some services to the Shelter by the nature
of the training which they receive. Training must be hands-
on type training and caring for animals. The program pro-
vides potential employees with an opportunity to learn about
a variety of services which are typically provided for
animals such as veterinarian services and various animal
shelters.
It is respectfully recommend that the Mayor and Common
Council adopt the resolution authorizing the execution of ,the
Agreement for this activity.
10-22-87
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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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION l. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with Colton-Redlands-Yucaipa Regional Occupational
Program is attached hereto marked Exhibit "A" and incorporated
herein 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.
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
day of
, 1987, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
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C' Attorn
The foregoing resolution is hereby approved this day
, 1987.
Approved as to form
and legal content:
Mayor of the City of San Bernardino
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COLTON REDLANDS YUCAIPA
REGIONAL OCCUPATIONAL PROGRAM
Joint Venture Training Agreement
THIS AGREEMENT IS MADE BETWEEN
CITY OF SAN BERNARDINO
hereinafter called the AFFILIATE, and the Colton-Red~ands~yucaipa
Regional Occupational Program, hereinafter ca~led the ROP.
WHEREAS, the ROP desires to utilize c~assroom and laboratory facil-
ities 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, CA. 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
and continuing until June 30, 1988 , and provided without rental
charge to the ROP. It is understood that said premises shall be
used for classes under the ROP subjoct 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:
l. 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 tele-
phone 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.
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TRAINING AGREEMENT
Page 2
4. AFFILIATE assures that this project will not be used to
displace any of its full-time or part-time regular em-
ployees.
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 opportuni-
ties 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 and 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 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.
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 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.
lO. The ROP assures that students will be subject to rules and
regulations of the AFFILIATE during the hours they are in the
facilities.
ll. The ROP assures that the students are aware they are not neces-
sarily entitled to a job at the conclusion of the training period.
l2. 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.
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TRAINING AGREEMENT
Page 3
GENERAL PROVISIONS:
l. 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, 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.
2. 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. Evidence of such insurance shall
be provided to Risk Management. policy shall provide that
City Clerk shall be given 30 days prior written notice to any
change in such policy.
3. THIS AGREEMENT may be cancelled by either AFFILIATE or ROP by
serving on the other party a 30-day written notice of such can-
cellation. This Agreement shall be effective only on approval
of the Governing Board of the ROP.
4. ENTIRE AGREEMENT. This Agreement and 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 hereof. In the event of conflict between the terms, con-
ditions or provisions of this Agreement, and any such document
or instrument, the terms and conditions of this Agreement shall
prevail.
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TRAINING AGREEMENT
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement.
DATE:
CITY OF SAN BERNARDINO
("AFFILIATE" )
By
Mayor
Attest:
City Clerk
DATE:
COLTON-REDLANDS-YUCAIPA REGIONAL
OCCUPATIONAL PROGRAM
("ROP")
By
Approved as to Form and
Legal Content:
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10-14-87