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Home My WebLink About21-City Administrator " CiT~ OF SAN BERNARDI~ - REQ~ST FOR COUNCIL Al?TION From: Marshall W. Julian City Administrator Su~~: City participation in County Sheriff's Work Sentence Program Dept: Date: June 7, 1990 Synopsis of Previous Council action: 11/4/86 -- Resolution 86-455 authorized agreement in the County Work Sentence Program. Recommended motion: Adopt resolution. !i < ~' iJ.,;f;4~hl'''- " 5.g ure Contact person: Marshall W. Julian Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: 75-0262 Agenda Item No - 'J ../ . \,,,, r"' '-' ,'""\ '....J , .) 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO 3 RELATING TO THE CITY'S PARTICIPATION IN THE SHERIFF'S WORK SENTENCE PROGRAM. 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 The Mayor of the City of San Bernardino is SECTION 1. 7 hereby authorized and directed to execute on behalf of said City 8 an Agreement with the County of San Bernardino relating to the 9 City's participation in the Sheriff's Work Sentence Program, a 10 copy of which is attached hereto, marked Exhibit "A" and 11 incorporated herein by reference as fully as though set forth at 13 12 length. The authorization to execute the above- SECTION 2. 14 referenced agreement is rescinded if the parties to the agreement 15 16 17 18 19 20 21 22 23 24 fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 25 26 27 28 DAB/ses/Program.res June 7, 1990 1 '.C 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 - ,..., -- ~'.... I 1 '-' I , 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. 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 , 1990, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1990. ,,' W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: DAB/ses/Program.res June 7, 1990 2 '.C' ~.A. "...... ..'.... ~ ....) ~~J,J,,,~ COUNTY OF $AN BERNARDINO -~ .. 1: STANDARD CONTRACT ~..."", rlf'III~\~' '-" OR COUNTY USE ONLY County DeparTfl'ten't Canuect Number SHERIFF County Oeoartment Contrect Reo,...nutiW Contfecto,', Licen.. Number; RAY CAP'l'AIN 387-3660 L. HARPER , Ph. eat. Budget Unit No. I Sub-Objact No. I Fund No. I Job No. I Amount of Contract 401 9890 001 $100.00 ProjKt NarrM: If contract h.. more than on. payment ot receipt, compl.t. the following: lIORlt 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 Nama CITY OF SAH BERlIARDINO Add..... 300 NOR'I.'B D STREET SAH BERlIARDIlIO, CA 92418 Phone Binh Data (714) 384-5133 Fadera' 10 No. or Social Security No. hereafter called COIl'l'RAC'l'OR IT IS HEREBY AGREED AS FOLLOWS: (U". ",_ below and IIdditionBI bond sMers. Set forth ".rviCtJ to be ",nde",d, _ount to be pBid, manntJr of PByment, time for pBrfOrmBnCtJ or camplBtion, detBnninBtion of $IItisfllCtDf'Y pBrfonnBnCB and CBure for tBnninBtion, orMr tBnn. and condition., BIId BtllICh plan., fPBCificBtion., and IIddende. 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. P.n.~ o1-.!. r'" . 10.... "". -, '- !""''', ~ "', ~./ . (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 . "".. -- -- , , .....I - (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. COUNTY OF SAN BERNARDINO .. Chairman, Board of Supervisors (Sr.rw ifcorpor.rion. comp.ny. etr;.J By .. Dated (Authoriud S;gn.tu~J Dated ATTESTED: Title .. Clerk of the Board of Supervisors Address Approved .. to L.gal Form Reviewed.. to A,4firm.tive Action Reviewed for Processing .. Jh.") {);jL V: ~unty Couns.l D...~.31-9u .. . AgencV AO",inlltr.tor,CAO Oatp. ':l.te " . 4 Pilge_ 0 __. "..t...... ,'~ :J '\w- ~ '-"" o COUNTY SHERIFF' '0\~ S () ~~ ~,() ~~ "'.p ~ ~ ~ "OediHued Tv Yuur Safety" ~ ~ ~ Floyd Tidwell Sheriff ~~\\W.~ - tit .._ ~y~ ~'I'~~. June 4, 1990 Ms. Lucy Martinez city Clerk's Office City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Dear Ms. Chavez, Please find enclosed the original and four (4) copies of the revised work Release Program Contract between the City of San Bernardino and the San Bernardino County Sheriff's Department. The $100 fee is charged whenever a contract is initiated or amended and will be charged to the City once the contract is approved by the Board of Supervisors. This contract will cover all departments within the City. please have the original and all the copies signed by your authorized representative and returned to the Sheriff's Department, Bureau of Administration, P.O. Box 569, San Bernardino, CA 92402-0569, ATTN. Jeffrey Dangermond. It is important to have all 5 copies returned in order to seek Board approval. If you have any questions, please call Mr. Dangermond at (714)387-3452. After the contract has been approved by the Board of Supervisors, an executed copy of the contract will be forwarded to you. Thank you for your cooperation in this matter. Sincerely, FLOYD TIDWELL, SHERIFF ......:/\ - '\~' , . r \! , ~ \ , . / .~t-Mt 0 , ieutenant Sheriff's Bureau of Administration FT/LRH/GMcC/jjd Enclosures POSl Office Box 569, San Bernardino, CA 92403