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Home My WebLink About1993-423 1 2 3 4 5 6 7 8 RESOLUTION NO. 93-423 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE XECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO ELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK ROGRAM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY SAN BERNARDINO AS FOLLOWS: SECTION 1. The Director of Parks, Recreation and ommunity Services Department is hereby authorized and directed o execute on behalf of said City a contract with the County of 9 an Bernardino Probation Department, relating to the City's 10 tilization of minors in the Juvenile Work Program, a copy of 11 hich is attached hereto, marked Exhibit "A" and incorporated 12 ere in by reference as fully as though set forth at length. 13 SECTION 2. The authorization granted hereunder shall 14 xpire and be void and of no further effect if the agreement is 15 ot executed by both parties and returned to the office of the 16 ity Clerk within 60 days following effective date of the 17 resolution. 18 I HEREBY CERTIFY that the foregoing resolution was duly 19 adopted by the Mayor and Common Council of the City of San 20 Bernardino at a regular 21 15th day of November 22 o wit: 23 / 24 / 25 / 26 / 27 11/4/93 28 meeting thereof, held on the , 1993 by the following vote, 93-423 ~- 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT NEGRETE ----'L CURLIN -L- HERNANDEZ ----'L OBERHELMAN x DEVLIN ---1L POPE-LUDLAM ---1L MILLER ---1L ~~rk~lerk 14 The foregoing resolution is hereby approved this \~-\\\ 15 day of November 1993. 16 17 18 19 Approved as to form and legal content: )/cc:~'-- ~- / (2"7)/ Tom Minor, Mayor City of San Bernardino 20 21 22 23 24 25 26 27 28 James F. Penman City Attorney ~/ ~_;:\-:::, L\"cl---" 93-423 ,~\\IIIII~/ :fft~ ~ .::::- .....::?: ~....... /1f4'II\\\~' .. County of San Bernardino E New Vendor Code Dept. Contract Number M Change SC A X Cancel County Department Dept. ~~~iRE E1VEBo-'e\ff~'l:W4se No. Probation PRB County Department Contract Representative Ph. Ext. Amount of Contract Barbara J, Frank, CPO 5693 'g' GEe -6 P3 :50 Fund I Dept. I Organization T Appr. - r Obj/Rev Source Activity I GAC/P~OJ/JOB Number AM PRB PRB Commodity Code Estimated Payment Total by Fiscal Year FY Amount riD FY Amount I/D Project Name Juvenile Work - - - - Program - - - - - - - - FOR COUNTY USE ONL Y FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called CONTRACTOR Address 300 North "D" Street, San Bernardino, CA 92418 Phone Birth Date Federal ID No. or Social Security No. IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of paymenr, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) AGREEMENT Ju~ENILE WORK PROGRA~ THIS AGREEMENT, made and entered into this 1st day of October, 1993, by and between City of San Bernardino, hereinafter referred to as CONTRACTOR, and COUNTY OF SAN BERt'iARDINO, a political subdivision of the State of California, hereinafter referred to as COUNTY. WIT N E SSE T H : WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Work Program, hereinafter referred to as JWP, and WHEREAS, COUNTY required written contracts with the organizations utilizing JWP services, NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE ~fu~UAL PROMISES, COVENN'iTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 02-12311-000 Rev. 11/90 Page 1 of 4 '. 93-423 I The COUNTY will provide: A. Supervised work crew, an average of ten (10) to fourteen (14) juvenile probationers, hereinafter referred to as minors, as required to work on the grounds or rights-of-way of CONTRACTOR. B. The minors shall be covered by the COD~TY self-insured Workers' Compensation. C. The minors will perform work consisting primarily of an unskilled variety, e.g., weed eradication and grounds clean-up. D. The minors shall work an eight-hour day, have supervised breaks and a one-half hour supervised lunch, with lunch provided by the minors or the COUNTY. Work will be performed on weekends or on days mutually agreed to by both the COUNTY and the CONTRACTOR. E. The minors or the COUNTY will be responsible for transportation to and from the work site. F. COrNTY will be responsible for providing all necessary tools. equipment and work- day transportation incidental to minors performing their work. II COUNTY and CONTR<\CTOR agree minors will not be assigned to work in or under unsafe environments or operate mechanical devices. CONTR~CTOR warrants such work areas to be safe and free from unsafe and dangerous conditions. III COCNTY agrees to employ staff who will, under direction of the JWP Administrator, supervise work crew members. All decisions of the JWP Administrator and staff with respect to work performance shall be final. IV Except for the payment set forth in Paragraph XI, the COUNTY agrees it will be solely responsible for providing to the minors all legally required employee benefits and that CONTRACTOR shall not be called upon to assume any liability for the direct payTIent of any salaries, wages or other compensation to any minors performing services hereunder or any liability other than provided for in this Agreement. V CONTRACTOR, its officers, agents and employees assume no liability for the negligence of minors in the program. Page 2 of 4 93-423 VI INDEMNIFICATION. COUNTY agrees to indemnify and save harmless CONTRACTOR from and against any and all liabilities, claims, penalties, forfeitures, suits and the costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys' fees) which it may hereafter incur, become responsible for or payout as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment or any violation of governmental laws, regulations or orders, caused in whole or in pay by (1) COUNTY'S breach of any term or provision of this Agreement; or (2) any negligent or willful act or omission of COUNTY, its employees or subcontractors in the performance of this Agreement. CONTRACTOR agrees to indemnify and save harmless COUNTY from and against any and all liabilities, claims, penalties, forfeitures, suits and the costs and expenses which it may hereafter incur, become responsible for or payout as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment or any violation of governmental laws, regulations or orders caused in whole or in part by (1) CONTRACTOR'S breach of any terms or provision of this Agreement; or (2) any negligent or willful act or omission of CONTRACTOR, its employees or subcontractors in the performance of this Agreement. VII Both parties agree all equipment purchased or contributed to the JWP project shall remain the property of the contributing agency, unless otherwise mutually agreed to in writing. VIII In the event of cancellation of this Agreement, CONTRACTOR and COUNTY shall not be liable for expenses incurred under this Agreement after the date of termination. IX The term of this contract shall be from October 1, 1993 to October 1,1994. Notwithstanding the foregoing, either party may terminate this Contract at any time upon providing thirty (30) days written notice to the other party. Any amendment to this Contract shall be in writing and approved by the parties hereto. X CONTRACTOR agrees there will be no written permission of the COUNTY. remain confidential. publicity concerning this program without the express The names of the minors involved in this program will XI In consideration of the above, CONTRACTOR agrees to reimburse the COUNTY the sum of $350 per day per work crew upon presentation to CONTRACTOR of a certified claim. Said claim to he paid within thirty (30) days after presentation; provided, however, that when the crew size as defined in Paragraph I(A) falls below ten (10) probationers, the per-diem rate of $350 per work crew shall be reduced pro-rata on the basis of a ten percent reduction in the per-diem rate per crew for each probationer by which the crew falls short of ten (10) persons. Page 3 of 4 93-423 XII Notices and correspondence related to the performance shall be sent by first-class mail or hand delivered to the follo~ing addresses: COUNTY CONTRACTOR Wilmer E. Lusk, Deputy Chief Probation Officer Institutional Services San Bernardino County Probation Department 175 West Fifth Street San Bernardino, CA 92415-0460 Annie Ramos, Director Parks and Recreation and Community Service City of San Bernardino 547 North Sierra Way San Bernardino, CA 92401 XIII CONTRACTOR agrees to comply with the provisions of the Affirmative Action Compliance Program of the County of San Bernardino and rules and regulations adopted pursuant thereto: Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, California Public Contracts Code 2000 and the San Bernardino County M/~~E Policy 11-15, and other applicable Federal, State and County laws, regulations and policies relating to equal employ~ent and contracting opportunities, including laws and regulations hereafter enacted. Information on these rules and regulations may be obtained from the CONTRACT COMPLIANCE OFFICER of the County of San Bernardino at (909) 387-5544. IN WITNESS WHEREOF, CONTRACTOR has caused this Agreement to be properly executed by an autborized agent, and COUNTY has caused this Agreement to be executed by the Chief Probation Officer, as authorized by minute order of the Board of Supervisors. Dated City of San Bernardino (State if corporation, company, etc.! UA4V-R '} _ JJ_-'f1/ (Auth;;iized ~ ! ( -;+- 5 -y-" /1r/1~b - By ~ Title Address 1 San Bernardino CA 92401 300 North "D" Street ~ County , Co~nsel Date f\JOIJ I Approved as to Legal Form Reviewed for Processing Date /",; ~ ?-f~ ~ . I - ~ Agency Administrator/CAO Date 3, . 02-12311-000 Rev. 11f90 Page 4 of 4