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Home My WebLink About1990-439 , 1 2 3 4 RESOLUTION NO. 9cJ-~39 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 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the city of San Bernardino is 7 hereby authorized and directed to execute on behalf of said 8 City a contract with the County of San Bernardino relating to 9 the city's utilization of minors in the Juvenile Work 10 Program, a copy of which is attached hereto, marked Exhibit 11 "A" and incorporated herein by reference as fully as though 12 set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was 14 duly adopted by the Mayor and Common Council of the City of San Bernardino at a 7~ meeting _ _ ";:;1/, 1990, thereof, held on 15 16 the 6'hv day of by the following 17 vote, to wit: 18 COUNCIL MEMBERS 19 ESTRADA 20 REILLY AYES NAYS ABSTAIN 21 FLORES 22 MAUDSLEY 23 MINOR 24 POPE-LUDLAM 25 MILLER v ~ V"" ~ V V- i--.---' 26 27 ~~k~~ 28 10/10/90 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 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 Ju~ENILE WORK PROGRAM. The foregoing resolution is hereby approved this & /k- day of 'J7~., 1990. Approved as to form and legal content: James F. Penman City Attorney By: 1~ 10/10/90 (RESO:JUVENILEPR) -2- ,~~,l'll~/ COUNTY OF SAN BERNARDINO ....~t~ -; ~ STANDARD CONTRACT ......~ ~ i?f'IIII\\~~' FOR COUNTY USE ONLY . County Department Contract Number Probation County Department Contract Aepresentatlve Contractor's License Number: 387- Claude Potts Ph. Ext. 5684 Budget Unit No. I Sub-Object No. I Fund No. I Job No. I Amount of Contract Project Name: If contract has more than one payment or receipt, complete the following: Juvenile Work Program Payment. Estimate: 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 r.A 9241R Phone Birth Date Federal to 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 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 1990, by and between the CITY OF SAN BERNARDINO hereinafter referred to as CONTRACTOR A N D 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 requires 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: 02-12311-000 Rev. 11/80 page..L of--1- ,--- i . 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 COUNTY self-insured Workers' Compensation. C. The minors will perform work consisting primarily of an unskilled variety, e.g. weed eradication and grounds cleanup. 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 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' 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 part by (1) COUNTY'S breach of any term or provision of this AGREEMENT; or (2) any negligent or willful act or omission of COUNTY, it 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, it 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. Page 2 of 3 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, 1990 to October 1" 1991, 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 no publicity concerning this program without the express The names of the minors involved in this program will CONTRACTOR agrees there will be written permission of the COUNTY. remain confidential. 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 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 persons. XII Notices and correspondence related to the performance shall be sent by first-class mail or hand delivered to the following addresses: Count v Contractor Claude Potts, Deputy Chief Probation Officer Administrative Services San Bernardino County Probation Department 175 W. Fifth Street San Bernardino, CA 92415-0460 Annie Ramos, Director Parks and Recreation and Community Service City of San Bernardino 547 N. Sierra Way San Bernardino, CA 92401 XIII CONTRACTOR agrees to comply with the terms and conditions of County Affirmative Action Compliance Guidelines (Attachment 1). R has caused this Agreement to be properly executed by an has caused this Agreement to be executed by the Chief y minute order of the Board of Supervisors. IN WITNESS WHEREOE, CONTRAC authorized agent, Mayor, and COll Pro er, as a thorized Dated 10/OQ,/u,,-c By. NO Title ~ r -4.,..A ~...~~tl Address ~ 1//, 1/1)11...1/. ,~~.:1 ApprOved 8S to Legal Farm Reviewed as to Affirmative Action Reviewed for Processing . . . County Counsel Agency Administrator/CAD Date Date Date 02.1231)-000 Rev. 11/80 PlIge~ of.l....