HomeMy WebLinkAbout07-Public Services
CITY OF SAN BERNODINO - REQUEST FO COUNCIL ACTION.
From:
Pat Malloy, Director of Publ ic Services Subject:
Pub 1 i c Servi ces
AMENDMENT TO THE AGREEMENT WITH THE
COUNTY OF SAN BERNARDINO FOR PARTICIPATION
IN THE SAN BERNARDINO COUNTY SHERIFF
DEPARTMENT'S PRISONER WORK RELEASE PROGRAM
Dee
Date: October 4, 1994
Synopsis of Previous Council action:
11/04/86 -- Resolution #86-455 adopted which executed an agreement with the County of
San Bernardino relating to the City's participation in the Sheriff's Work
Sentence Program.
DI4IN. 'OFF ICe.
OCT 9< .2.J 1 0
Recommended motion:
c::AdoPt resolution.
~-
/ .~.A
?~L/~J
?gnature /
Contact person: Pat Mall ov
Phone: 5140
Supporting data attached:
Yes
Ward:
All
FUNDING REQUIREMENTS:
Amount:
-0-
Source: IAcct. No.!
IAcct. DescriPtion)
Finance:
::oue Notas:
'5.0262
Agenda Item No
7
CITY OF SAN BERN4RDINO - REQUEST F()q COUNCIL ACTION
,
STAFF REPORT
On November 4, 1986, a resolution was adopted by Council which
authorized the 'City's participation in the San Bernardino County
Sheriff Department's Prisoner Work Release Program. This program
allows inmates to serve their sentence working on City projects
versus incarceration in the County Jail system. Last year, 8,000
man hours of work were provided to the City for roadside weed
abatement, litter pickup and special cleanup projects. This
program provides substantial assistance to the Special Projects
Division of Public Services. The City is responsible for providing
safety equipment, hand tools, transportation, supervision and
reimbursement to the County for injury accident costs.
In order to continue participating in this program, the County will
require an amendment to the current agreement which will include
financial liability related to the Workers Compensation program in
the event that prison workers are injured while working for the
City.
During the last four (4) years of the Work Release Program, there
have been two (2) on the job injuries which resulted in claims to
the City. The total reimbursement to the County was less than
C $100.
Based on the benefits derived from this program, 8,000 man hours of
free labor, Public Services recommends that the City continue
participation in the program. Risk Management has also reviewed
the proposed amendments and in consideration of the history of
insignificant claims, supports amending the agreement.
c
5~0264
'" ...
CJ '"
t~ &:: 0 18S3
0 rr. ....
"Q Z , I l
'P. ,,;,','! I/lf/,/
..:; -, ". . '.~';: '1":-
<5 ... :;;-
'oj
.. .... -~'7'
...... -
- ~J
September 29, 1994
Ms. Shauna Clark
City Administrator
City of San Bernardino
300 North D Street
San Bernardino, CA 92402
Dear Ms. Clark:
Attached please find the original and five (5) copies of the first amendment to
contract number 90-806 between your agency and the County of San Bernardino for
participation in the San Bernardino County Sheriff's Department prisoner work
release program. This amendment was initiated by the County's Risk Manager after a
review of Arriaga v. County of Alameda (1994) 23 Cal.App 4th 800 - Cal. Rptr.2d.
Essentially the judge in this case ruled that inmates participating in the work
release programs are eligible for Yorkers' Compensation benefits in the event they
are injured while performing the duties assigned to them while working in the
program.
<:)rhis amendment expands ,the language of paragraphs 10 and 11 to require all
contracting agencies to assume all financial liability related to Yorkers'
Compensation or liability lawsuits brought by program participants who have been
injured while working for the agency.
Upon approval by the appropriate governing body, please have the original and all
copies of the amendment signed by an authorized official and returned to the San
Bernardino County Sheriff's Department, Bureau of Administration, P. O. Box 569, San
Bernardino, CA 92402-0569, Attention: Michael Daniel, Contracts Unit. The
Sheriff's Department anticipates that the amendments will be presented to the County
Board of Supervisors for approval on November 8, 1994. Therefore, it is imperative
that these documents be returned no later than October 31, 1994, in order to ensure
that no interruption occurs with your current work crews.
Thank you for you assistance in this matter and should you have any questions,
please contract Mr. Daniel at (909) 387-3725.
Sincerely,
DICK VILLIAHS, SHERIFF
a 7'4---
ROBERT T. PEPPLER, Captain
Sheriff's Bureau of Administration
<::OV/RTP/MJD/lrt
Attachments
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
655 _ T'*d SV_ . Son _. ~ 92415-0081 l'oot Office _ li89 . Son ...._dO_. ~ 82402_B
c
1
2
3
4
5
6
7
8
9
10
c
o
RESOLOTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FIRS
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
THE COUNTY OF SAN BERNARDINO FOR PARTICIPATION IN THE SAN BERNARDIN
COUNTY SHERIFF DEPARTMENT'S PRISONER WORK RELEASE PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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 first
amendment to the agreement with the County of San Bernardino for
participation in the San Bernardino County Sheriff Department's
Prisoner Work Release Program.
SECTION 2. The authorization to execute the above referenced
11 amendment to the agreement is rescinded if the parties to the
12 agreement fail to execute it within sixty (60) days of the passage
13 of this resolution.
c
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c
COUNCILMEMBERS:
NEGRETE
Ana
~
ABSTAIN
ABSENT
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
10/04/94
1
-,
I,
c
c
c
--
\...,.,.
.:)
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FIRS
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
THE COUNTY OF SAN BERNARDINO FOR PARTICIPATION IN THE SAN BERNARDIN
COUNTY SHERIFF DEPARTMENT'S PRISONER WORK RELEASE PROGRAM.
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 10/04/94
City Clerk
The foregoing resolution is hereby approved this
day of
, 1994.
TOM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
2
I:
c
~
.~.
'<:;'
E New
M Chlnge
X Cancel
County Oepartment
SHERIFF
FOR COUNTY NL Y
Vendor Code pt.
ConUlct Number
SC SUR A
Dept. Orgn.
SUR SUR
90-806 Ai
Contractor's license No.
County Department Contrlct Representative Ph. Ext.
ROBERT W. TREMAINE (909) 387-3746
Amount of Contract
County of San Bernardino
FAS
STANDARD CONTRACT
Fund
Organization
ObJ/Rev Source Activity GRC/PROJ/JOB Number
FY
Estimated Payment Total by Fiscal Year
Amount 110 FY Amount
110
Commodity Code
Project Name
WORK RELEASE PROGRAM
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino. hereinafter called
the County. and
Nomo
hereinafter called CONTRACTOR
CITY OF SAN BEIlRAllDINO
Addre..
300 NORTH D STREET
SAN BERNARDIRO. CA 92418
Phone Birth oltl
(909) 384-5133
Feder'l 10 No. or Soc~ Security No.
IT IS HEREBY AGREED AS FOLLOWS:
IU.. space tN/ow Wtd addirioMl bond sheets. S.r fanh grvice to be rendered. emount to be (Mid. manner of payment. rinN for perlOfrMfICe or completion.
c"ermin,,;on of n'i.flClOtY performanco MId eeun for 'OfmiM'ion. o'her term. Ind condit...... Ind IltlCh plln.. .pecifiee,ion.. and addendl. if any,}
FIRST AMENDMENT
I
Contract 90-806 with City of San Bernardino is hereby amended effective November 08,
1994 by replacing paragraphs 10 and 11 with the below paragraph 10 and 11.
(10) In the event that an injury to a participant occurs, the CONTRACTOR, shall
be responsible for completing an inmate injury report and submitting it to the Vork
Release Officer at Glen Helen Rehabilitation Center. The SHERIFF will be responsible
for paying all medical bills, and the subject CONTRACTOR agrees to reimburse SHERIFF
for any and all costs incurred as they relate to the reported injury. Should an
injured participant successfully pursue a workers' compensation or liability lawsuit
through either venue, the CONTRACTOR shall pay all legal and adjusting expenses and
any awards, settlements or judgments.
(11) The CONTRACTOR agrees to indemnify, defend and hold harmless the County of
San Bernardino, the SHERIFF, and their authorized agents, officers, volunteers and
employees against any and all claims or actions arising fro. CONTRACTOR'S use of
participant, acts, errors and o.issions, in connection with this contract, and for
any costs or expenses incurred by the County or SHERIFF on account of any claims
therefore.
Except as amended all other terms and conditions remain as stated therein.
c
02-12311.000 "e" ""
Plge
1
of
2
I I
.' . ~ .
c
.:)
c:; This page intentionally left blank.
c
COUNTY OF SAN BERNARDINO
..
Chairman. Board of Supervisors
CITY OP SAR BEIlRA1lDIlIO
(State if corporation. company, etc.)
Dated
By"
IAlIlhorized Signelufe}
SIGNED AND CERTIFIED ,11AT 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.
Dated
Title
Address 300 JIOlltll D STIEET
SAR BDIiTARnlllO. Cl 92418
By
C
Deputy
~pproved .. to Legal Form Reviewed H to Affirmative Action Reviewed for Proc...ing
.~~ .. ..
County Cou Agency AdminiltrotoftCAO
Oet. ~ .,,.~ Olte Dot.
"', .".. nrn P.., ..~.
D.'!'1"!'
2
"
2
_.. -,-.-.--'
- - - .- -.-- ,
.~ I'
e .
i
c
c
.
=..~~7:.-. .
,
--~.
Q)
---0)
RESOLUTION NO. ?t.l''''-~-
BE IT .RESOLV~D BY T,Hl.-MAYOIl-AND _~OMMOII COUHC-U...-or--'THE-CI1'Y or
SAN BERNARDINO AS FOLLOWSI
S&CTtON 1.
The Mayor of the City of San Bernardino i. hereby
authorized and directed to execute on behalf of .aid City an
Agreement with the County of San Bernardino relating to the City"
participation in the Sheriff'. Work Sentence progr.., a copy of
which i. attached hereto, marked Exhibit """ and incorporated
11 herein by reference as fully as though set forth at length.
J2
-
J3 adopted by the Mayor and COIIIIlIon Council of the C.ity of San
J4 Bernardino at a
JS the ~d day of
16 to witl
17
18
19
20
21
22
23
24 of
2S
26
27
28
I HEREAY CERTIFY that the foregoing re,olution wa. duly
_~~~~I I meeting thereof, held on
.!!:t..~~ , 1986, by the following vou,
~f(1':f ~;J/'}'
AYESt
Council Memb.n~-JI.L, J
.' ~_._. #
~:,~d;
~/
~~.,~'P:'dL-k.J ~ku~.</Y)/~U
!HAUNA CLARK
City Clerk
NAYSt
ABSENTt
The foregoing resolution is hereby approved this ~~
day
Lf}#4W
, 1986.
Approved a. to fora I
~~~.eO
City Attorney
- !:\l1 V~! W!l~tiX
Mayor of the Cill'C)f San
-- ..----; -."~
.
Bernardinc
I I
-"
-'
"
.....:e.
co
c-.r
liEU"
.~
.~;l
TY UII ONLY
./
"
."c~
c,.,.."_l .."....
86-1041
COUNTY Of' IAN IUMAADlNO
c..,.." o-ert.....-. c......., .......-.....
BRUCE JACItSON
Celt........ ....... _..
5T ANDARD CONTRACT
...... \IA'I ...
000
......0..., ...
00000
3649
_ .... A_" e-
$0000'
~~,....,..,.
SHERIFF'S WORK SENTEN:
PH~RAJIII
, ..ft".,,,,,,,,,, "''''' .... .,,"'*".. r
c.-..... ... ,...._....
"'.'f......-"'ln~
U
............,.,. ......,,"', I.":
00
THIS CONTRACT is ente~ into in the State of California by and between the CountY of San 8ern/lrdino, 11m.
called the County and
M__ City of San Bernardino City
-...
hereafter called
~-
.1"" 0..
'..'..10..... ., See,.. S1c"'I'" ~..
IT IS HEREBY AGREED AS FOLLOWS:
(u.. fP~ _low ~ ~diriOl'lM bond ","a. S.l fof'lh .rv;c. to _ tef/de,.d, _I to _,uid, mMlM, of P'YflWnt, tinw
fIN ptltfonNnct IN cornpl.rion. ..tmi".'ion of uri,,<<tofy ptltfonMflOl WId UtI. for .tmin.rion, ON' .tm. IIId
COIIdiriOfl.. WId .rtxh pl_. lptIeirlC.rion.. WId ,,**"M. if ..y.}
WITNESSETH:
c
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 custod
of the Sheriff, and
,
WHEREAS, The City of San Bernardino Public Services Depart~
desires that participants in such work programs be placed with it
for work under the direction and control of the City.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
(1) County Of San Bernardino Sheriff's Department may
place inmates performing work under the aforesaidprogralil"vll
the City. The number of participants shall depend upon the
work available and the ability to administer and control the
work program,
c
(2) On placement of persons under this agreement by the
County of San Bernardino Sheriff's Department with the City,
the work of the partlcipants-wH-l -be under-the' ~tnct-sup-er-
...:-vlsion and control of.~the City.' - ..' ---- -
:~-
!.
I I
. ..
~_.~,
a>
CP
'"
l..
(3) The work to be performed by pro9ra. participants will
consist of litter pickup, weed lemoval, and other asthetic
improvement to public lands, property and roadways.
.-.--.--- - -
(4) The City will not provide any security 9uards and the
City employee(s) workin9 with participants vill not physicall)
restrain any participants that mi9ht leave the vork aree. The
County of San Bernardino Sheriff's Department will be notifiec
by the end of the day of any participants who leave the work
area without permission.
(5) The City will provide transportation for participants
.workin9 under this a9reement to and from the work sites as
needed from pickup points a9reed to between the County of San
Bernardino Sheriff's Department and the City.
=
Ie
(6) Equipment operations will be performed only by
qualified City employees.
(7) The City will provide pr09ram work participants with
safety equipment such as Si9ns, hard harts and red vests.
.
(8) The City will provide safety instructions, explain
the work to be done and direct the work of the work pro-
9ram participants placed under this a9reement.
-'
c
(9) In the event that a claim for industrial injury is
~filed-by a p~rtieipant-w~Tktn9 under thiS a9reement under
-:the direction. of the City, the County of San Bernardino w111
be responsible for the administration of the claim in the
manner as if the work participant was a County of San
Bernardino employee. The City will reimburse the County
of San Bernardino for all costs incurred in the adminiltrat!
-of such claims includin9 any settlement costs or awards-to
participants. Any settlement costs or awards shall be subje
~. to tlie .<:rty'.s .prior approval.
---
.
I I
.
., -:-.
.. .
c
c
.
0:>
00
~
(10) The City .hall lnd..nlfy, hold har.l... and d.f.nd
County of San Bernardino, It. .g.nts .nd ..ploy... fro. any
and all actions, claias or suit. of every n..e, kind and
description, which ..y be ....rt.d by .ny person, including
any work participant plac.d by County of S.n 'ern.rdlno with
the City arising out of or In connection with the perfor.ant
of work for the City by .ny participant during the period 01
placement with the City.
(11) This agreement shall become effective upon It. execu-
tion by all of the parties hereto. The agreement may be
terminated by either party upon thirty (30) days written
notice to the other party.
IN WITNESS WHEREOF the partie. hereto have caused th
agreement to be executed by their duly authorized officers.
SIGf(~D AND CEllnFIfO THAT A COPY OF THIS
1l0CIl~EST illS BEE:~ DnM!;iO 10 THE
CIWiI~ OF TIlE IOAllO
L~ARTIlA M. S~KEF.AK
ClIft ot till 8011II .f SII,mis",
U(~n~'~r~
Iy ..-. ~
Oaput,
.- .,I
.
0"
:;~::;7~~
Chol...... __ of -.""'.... ........ """"""
Dated
~
~ ..../2r..d /
By ..Lh_J ~~
~ t.. "'~;""~.IU'"
Dated '.HL u -e: ~
TeU'~~ .
Addr.. ~(M 'IJ. "'#. l-b
c
.
.
1liII. flia_I' Ie, "ee.....
..~..~p: ~
c.""", c."fttlII
, .
"...;.... _. 14",,,,,-,1.. Ac'....
.
.
al''''' "",lftitt,,,.,'CAO
I-I
.
. ,
'''--
c
c
",
--- --
---
---
. - c >> .. "'~5~i~~.'"
o COUNT\' SHERIt:t:.
<:)\~ So
~~ ~.o
~:~ "1+
~ ~
~ "/NdU'Q,rtI r.. lou' Sal". " ~
< ~
~ -
S December 1986
Mr. Manual P. Moreno Jr.
Director of Public Service.
City of San lernardino
300 North D Street
San lernardino, California 92418
Dear Mr. Morenol
- - - -
-~._-_..-
floy4111cl.."
SJw<tIJ
, r.::.tv_
\~.
.~
'0'
Enclosed i. an executed copy of the Work Sentence Procram
Acreement between the City of San lernardino and the County.
Thi. copy i. re.erved for your file..
..
Sincerely,
FLOYD TIDWELL, SHERIFF
~
Iy. Iruce Jack.on
lureau of Admini.tratioD
FTf.J/b.
.
Enclo.ure
.'
- ----.
- ---.-
Post Ofl'icr Box 569. San Bernardino. CA 92.03
~ E ~ E ',Y E. ;
.. (........ :'.., .I
. ~\I :..I...
REFUSE DlVlSIOr
II
.
....~Nunl Of 'Hi IOARD Of sUPQMsou
~.- C: SAN BERNARDINO COUNTY <~'!.!fORNIA
Sh8rlff-Cm l; lb , 24 1986
Inc. Cit1e.-s.n tiv:).; . . oft" ,
Apwe. 36-1041
c
c
c
~...~o,~oo
Filed:
FROM: FLOn TIDWELL, SHEll"
SUBJECT: won SENrtNCE PROCRAM ACJ%EKENT .' CITY OF SAIl IUIIARDIHO
.......- ~_.- --
RECOMMENDATION: Approve a,neant betveeD the City and County of
Sau Bernardino ror participation in the Sherirr', Vork Sent.nc.
Pro,ra. ., authorized by Penal Code Sectiou 402'.2.
BACKCROUNtl AND lEASON F,OR lECOMKEKIlATIO'lo On June 13, 1983. th.loud
approved a Work Sentence Prolra., vhich provlded aD alternative
vork verlu, incarceration ror orrender. lentenced to .erv. iu
the County Jall_I,.tea.
The prolre. vUI allov inaetel to terVl thelr "tt.e" vorkinl .
public I.rvice project, includlnl thole provided by the City 'of
San Bernardino. The County currently ha. .uch an alreeaent vith
CALTlANS. .... . - " - n _ __ _ . _'" _ __.__ _ _ . , _
lEVIEV BY OTHER nUAJ(TKENTS,'Thh"alneaent hn been reviev'" and
approved a. to rorm by County Counlel and Risk Kane,e.ent.
FINANACIAL DATA. No additlonal co.t to the County.
..
: Sheriff-Ma:ryTlicci w/agree~ .
~a;;ei:-;;:::i~
tor w agreement
Risk Mana - t -
~1h~
FU. w/agrefiaiitiit.:::'~-: =.~=,'-_.
-Action of the Boltd of Supentisor.
AGREEMENT NO. 86-1041
APPROVED BOARD OF SUPERVISORS
COUN'TY OF SAN BERNARDINO
- MOTION X Ibtlen' SeC.Cnd' - X . X
-' 1--' 2 3 4 5
~~~~.-:-
DATED: N_~