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Home My WebLink About1992-074 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 RESOLUTION NO. 92-74 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. 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 is hereby authorized and directed to execute on behalf of said City a contract with the County of San Bernardino relating to the City's utilization of minors in the Juvenile Work Program, a copy of which is attached here to, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2 . The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of the City Clerk within 60 days following effective date of the 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 reqular meeting thereof, held on the 2nd day of March , 1992, by the following vote, to wit: 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 1 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: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER AYES NAYS ABSTAIN ABSENT x x x x x ....1L.- ....1L.- fi~n~rk The foregoing resolution is hereby approved 4th day of March 1992. /- Approved as to form and legal content: James F. Penman City Attorney i t<. n-. -;2 tZ:.'?Z/1>~ / '-. ,~. ,~\\II"I~/ ~t~ -i: :!'- ~ ..;::- ,...~ ~, /1fIIIII~\~' E New Vendor Code Dept. Contract Number M Change SC A X Cancel County Department Dept. Orgo. Contractor's License No. Probation PRB PRB County Department Contract Representative Ph. Ext. Amount of Contract Barbara J. Frank, CPO 5693 Fund I Dept., I Organization I Appr. I Obj/Aev s~urce Activity I GRC/PROJ/JOB Number AM PRB PRB Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name Juvenile Work - - - - Program - - - - - - - - FOR COUNTY USE ONL Y County of San Barnardino 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 City of Sn Edna. Res. No. 92-74, adopted 3/2/92 Phone Birth Date Federal 10 No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use soaee below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, 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.) A G R E E MEN T JUVENILE WORK PROGRAM THIS AGREEMENT, made and entered into this 1st day of October 1991, by and between the CITY OF SAN BERNARDINO, hereinafter referred to as CONTRACTOR, and COUNTY OF SAN BERNARDINO, 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 MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 02-'231'-000 Rev. 1'/90 Page 1 of 4 .... ..J. '. I The COUNTY will provide: A. Supervised work crew, an average of ten (10) probationers, hereinafter referred to as minors, grounds or rights-of-way of CONTRACTOR. to fourteen (14) juvenile as required to work on the B. The minors shall be covered by the COUNTY 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. COUNTY will be responsible for providing all necessary tools, equipment and work- day transportation incidental to minors performing their work. II COUNTY and CONTRACTOR agree minors will not be assigned to work in or under unsafe environments or operate mechanical devices. CONTRACTOR warrants such work areas to be safe and free from unsafe and dangerous conditions. III COUNTY 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 payment 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. VI INDEMNIFICATION. COUNTY agrees to indemnify, save harmless and defend 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' Page 2 of 4 .'\- /. '. 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, save harmless and defend 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 shallnotbe liable for expenses incurred under this Agreement after the date of termination. IX The term of this contract shall be from October 1, 1991 to October 1, 1992. 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 be 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 '" ~..,.. '. XII Notices and correspondence related to the performance shall be sent by first-class mail or hand delivered to the following addresses: COUNTY Wilmer E. Lusk, Deputy Chief Probation Officer Institutional Services San Bernardino County Probation Department 175 West Fifth Street San Bernardino, CA 92415-0460 CONTRACTOR 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 terms and conditions of County Affirmative Action Compliance Guidelines. IN WITNESS WHEREOF, CONTRACTOR has caused this Agreement to be properly executed by an authorized agent, Mayor, and COUNTY has caused this Agreement to be executed by the Chief Probation Officer, as authorized by minor order of the Board of Supervisors. COUNT,Y 8~ SA~ 'BERNAR~p, " 0 ~ '.l{1A-/l~_,.! / vPV -Chaiffilan, Board of Superv1 ors / Dated April 22. 1992 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Clerk of the Board of Supervisors of the County of San Bernardino. By Deputy Reviewed for Processing f,PPRO'/ED AS TO FORM .^.i'1D LECAL CONTENT. ,;.'-;r;-',' :::. F. F:nman,; ~ CITY OF SAN BERN ignatureJMAYOR 1991 (2,-,~ij_ P'~_ City Clerk Address -::tnn )lO..-f-h fin" C:+-root- Attest: Title San Bernardino, CA 92418 Reviewed as to Affirmative Action Approved as to Legal Form ~4;wfll!~~ t='Ounty Counsel , Date 4/- /Z -97- ~ ~ Agency Administrator/CAO Date 02-12311-000 Rev. '1'90 Date Page 4 of 4