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HomeMy WebLinkAbout1990-219 0, 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 . 0' , , RESOLUTION NO. 90-219 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S PARTICIPATION IN THE SHERIFF'S WORK SENTENCE PROGRAM. NOW, THEREFORE, 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 an Agreement with the County of San Bernardino relating to the City's participation in the Sheriff's Work Sentence Program, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / it within sixty (60) days of the passage of this DAB/ses/Program.res June 7, 1990 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO 2 RELATING TO THE CITY'S PARTICIPATION IN THE SHERIFF'S WORK SENTENCE PROGRAM. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San Bernardino at a reaular meeting thereof, held on the 18th 6 day of June , 1990, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN 8 ESTRADA x 9 REILLY x 10 FLORES x 11 MAUDSLEY x 12 MINOR x 13 POPE-LUDLAM y 14 MILLER x 15 16 __ ~4'/P/Z/~W Ci 1:y Cler)~ 17 18 ~s J/-JI day The foregoing resolution 20 19 of , 1990. .Tltne / 21 22 Approved as to form and legal content: 23 JAMES F. PENMAN, City ttorney 24 !) f- €-<v'-" <t 25 26 27 28 DAB/ses/Program.res June 7, 1990 2 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY. CALIFORNIA Sheriff-Work Release Pgrm; July 9, 1990 Inc. Cities-San Bernardino; Agree. 9D-806 FROM: FLOYD TIDWELL, SHERIFF SUBJECT: WORK RELEASE PROGRAM - CITY OF SAN BERNARDINO RECOMMENDATION: Approve agreement between the City of San Bernardino and the County of San Bernardino for participation in the Sheriff's work Release Program as authorized by Penal Code Section 4024.2. BACKGROUND AND REASON FOR RECOMMENDATION: On June 13, 19B3, the Board approved a work Release Program which provided an alternative work versus incarceration for offenders sentenced to serve in the county Jail system. The program allows inmates to serve their "time" working a public service project, including those provided by the City of San Bernardino. REVIEW BY OTHER DEPARTMENTS: This agreement has been reviewed and approved as to form by County Counsel and Risk Management. FINANCIAL DATA: No additional cost to the County. cc: Sheriff Admin.-LindaTennant w/agreement City of San Bernardino w/agree. c/o Sheriff Admin Auditor w/agreement Purchasing-Contract Complian e Risk Management CAD-Hallen File w/agreement 14.9507..000 Rev. 10/81 mIl Action of the Board of Supervisors Motion 5 36 ,,,,~\\"'''f~/ COUNTY OF SAN BERNARDINO -~t~..... -~ k STANDARD CONTRACT .......~ ~ Aflllll\\~~' FOR COUNTY USE ONLY County Department contrb :;Jc SHERIFF County Department Contract Representative Contractor's License Number: 387-3660 L. RAY HARPER , CAPTAIN Ph. Ext. Budget Unit No. I SUb;::~t No. I Fund No. I Job No. I Amount of Contract 401 001 $100.00 If contract has more than one payment or re!;eipt, Project Name: complete the following: WORK RELEASE PROGRAM 1 Payments Estimate: $100.00 Approximate Amount Each: THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter called the County, and Name CITY OF SAN BERNARDINO Address 300 NORTH D STREET hereafter called CONTRACTOR SAN BERNARDINO, CA 92418 Phone (714) 384-5133 Federal 10 No. or Social Security No. Birth Date 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 payment, time for performance or completion, detennination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) WITNESSETH WHEREAS, the County of San Bernardino Sheriff's Department conducts and administers a work program under Penal Code,Section 4024.2 for the performing of work by persons committed to the custody of the Sheriff; and WHEREAS, the Contractor desire that participants in such work program be placed with it for work under the direction and control of the Contractor, NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: (1) County of San Bernardino Sheriff's Department may place inmates performing work under the aforesaid program with the Contractors. The number of participants shall depend upon the work available and the ability to administer and control the work program. (2) On placement of persons under this Agreement by the County of San Bernardino Sheriff's Department with the Contractor, the work of the participants will be under the direct supervision and control of the Contractor and will not be under the supervision or control of County. (3) A $100.00 Contract Administration fee will be due upon implementation of this Agreement. 02-12311-000 Rev. 11/80 PaG...!.. of-i. (4) The work to be performed by program participants will consist of litter pickup, weed removal, and other aesthetic improvement to public lands, property and roadways. (5) The Contractor will not provide any security guards and the Contractor's employee(s) working with participants will not physically restrain any participants that might leave the work area. The Contractor will notify the County of San Bernardino Sheriff's Department by the end of the day of any participants who leave the work area without permission. (6) The Contractor will provide transportation for participants working under this Agreement to and from the work sites as needed from pickup points agreed to between the County of San Bernardino and the Contractor. (7) Equipment operations will be performed only by qualified Contractor's employees, with the exception of small power equipment such as weed trimmers, power lawn mowers and hedge trimmers. Work participants must demonstrate proficiency with such tools to the satisfaction of the Contractor before being allowed to operate said tools. Contractor must provide necessary safety equipment (such as eye, toe and shin guards) as required by California Occupational Safety and Health Administration while participants are operating any equipment. As with all other aspects of this agreement, Contractor assumes all defense and liability for any injuries or damage which may occur while participants are operating power equipment. (8) The Contractor will provide program work participants with safety equipment such as signs, hard hats and red vests. (9) The Contractor's employees will provide safety instructions, explain the work to be done and direct the work of program participants placed under this Agreement. (10) In the event that an injury to a participant occurs, the County of San Bernardino Sheriff's Department will be responsible for paying all medical bills. The subject Contractor will reimburse County of San Bernardino for all costs incurred. (11) The Contractor agrees to indemnify, defend and hold harmless the County of San Bernardino and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from Contractor's acts or omissions and for any costs or expenses incurred by the County or Contractor on account of any claim therefore. Page 2 of 4 (12) In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the Contractor, shall secure and maintain throughout the term of the contract the following type of insurance with limits as shown: - Comprehensive General and Automobile Liability Insurance: This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). (13) Contractor shall immediately furnish certificates of insurance and within sixty (60) days provide certified copies of all policies and endorsements to the Department evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the County, and shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. (14) All policies, with respect to the insurance coverage above required, shall obtain additional endorsements naming the County, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of performance of services hereunder. (15) The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the County, their officers, volunteers, employees, contractors and subcontractors. (16) All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the County. A letter outlining Contractor's self-insurance will suffice for the above-mentioned insurance requirements. (17) This Agreement shall become effective upon its execution by all of the parties hereto. The Agreement may be terminated by any Contractor upon thirty (30) days written notice to the Sheriff, or by the County upon the Sheriff's giving of thirty (30) days written notice to any Contractor. Page 3 of 4 (18) The Sheriff of San Bernardino County shall have the right to exercise County's authority under this Agreement including the right to give notice of termination on behalf of the County. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized officers. SIGNED AND CERTifiED THAT A COPY OF THIS OOCUMENT HAS BEtN OEU'iERED TO THE CHAIR. MAN OF TilE BO~P,O. [ARmiE SPRUill C\er~ of ~!Hl Board of S:]~~)fV;sors f tl'm CO'JfIt't cf Jf1 82HI3.rdino ~" i:y_ Dated JUL 09 1990 (State if corporation, camp /'; /~ By~C .~ .. Clerk of the Board of Supervisors Title <. ! ~i / 1M;;;;;:; '-:f ~ ' LA Address.... )// /1 , ~. Dated -ATT"C::TED: . l' (/ /1 ./1 _ .<' /./. (;c[ A/ ".)[jcf- Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing .. J;A\') {ft/rLv~ -6unty Counsel Oat. 5. }/, Y () .. .. Agency Administrator/CAD Date Date 02-12311..QOO Rev. 11/80 Page~ of-.!.