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Home My WebLink About1987-242 1 RESOLUTION NO. 87--242 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO 3 RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 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 City 8 a contract with the County of San Bernardino relating to the 9 City's utilization of minors in the Juvenile Work Program, a copy 10 of which is attached hereto, marked Exhibit "A" and incorporated 11 herein by reference as though fully set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a r~g111n.r meeting thereof, held on 15 the ? Orh day of lJ 11 1 Y , 1987, by the 16 following vote, to wit: 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Estrada, Reilly, Flores, MnGdsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None ~/tJ??~~4M~ ./ City Clerk 7/6/87 1 1 The foregoing resolution is hereby approved this .....:,7 /t2L day 2 of Julv , 1987. /7 ~o~_, ,,'_ t~- 1 ~///J /-7 -';. ~ / ~ .~o ,/ '/ . ,.( '0 " r~ If) // ) ~ ' ,--V i1.A<--~ L--""' ,,/.. /-cu g / Mayor of/the City of San Betnardino 3 4 5 Approved as to form 6 and legal content: t1 7 / i ;" /) 'jf;A1AJ;. . 0 /vfh~,~. 8 1)"-Y Attorney 9 _/ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7/6/87 2 6)7 - ;:.? v;;:..- FOR COUN TY USE ON L Y County Department Conuact i'/..Jmber Probation County Department Contract Representative Contractor's License Nu,'T'ber' f:~~~ - ~. ~ COUNTY OF SAN BERNARDINO STANDARD CONTRACT P. Jose Budget Unit No. Job 1'.0. Amount of Contract Project Name: if contract has more than one payment or receipt, complete the following: I Payments 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 Add ress 300 North "D" Street hereafter called Contrac tor San Bernardino, CA Phone 714-384-5122 --.-- 92418 Birth Date Federal i D 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 6th day of July, 1987 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 fXI:IlBlI A ? age --.L 0 t .l....- I The COUNTY will provide; A. Supervised work crew, an average of (10) to fourteen (14) juvenile probationers (hereinafter referred to as "minors"), as required to work on the grounds or rights-of-way of CONTRACTOR. The minors shall be covered by the COUNTY self-insured Workers' Compensation. The minors will perform work consisting primarily of an unskilled variety, e.g., weed eradication and grounds cleanup. The minors shall work an eight-hour day and one-half-hour supervised lunch with lunch COUNTY. Work will be performed on weekends both the COUNTY and CONTRACTOR. The minors or the COUNTY will be responsible for transportation to and from the work site. COUNTY will be responsible for providing all necessary tools, equipment and workday transportation incidental to minors performing their work. II COUNTY and the CONTRACTOR agree that 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 The COUNTY agrees to employ staff who will, under the 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 that 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 on 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 (i) COUNTY'S breach of any term or provision of this AGREEMENT; or (ii) any negligent or willful act or omission of COUNTY, its employees or subcontractors in the performance of this Agreement. B. C. D. have a supervised break(s) and a provided by the minors or the or on days mutually agreed to by E. F. 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 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 (i) CONTRACTOR'S breach of any terms or provision of this Agreement; or, (ii) any negligent or willful act or omission of CONTRACTOR, its employees or subcontractors in the performance of this Agreement. VII Both parties agree that 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 July 6, 1987 to June 30, 1988. 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 that there will be no publicity concerning this program without the express written permission of the COUNTY. The names of the minors involved in this program will remain confidential. XI In consideration of the above, CONTRACTOR agrees to reimburse the COUNTY the sum per day per work crew upon presentation to CONTRACTOR of a certified claim, said be paid within thirty (30) days after presentation; provided, however, that when size as defined in paragraph IA falls below ten probationers, the per-diem rate of work crew shall be reduced pro-rata on the basis of a ten percent reduction in the 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: County P. Joseph Lenz, Director Administrative Services San Bernardino County Probation Department 175 West Fifth Street San Bernardino, California 92415 of $300 claim to the crew $300 per per-diem Contractor Raymond D. Schweitzer City Administrator City of San Bernardino XIII CONTRACTOR agrees to comply with the terms and conditions of County Affirmative Action Compliance Guidelines (Attachment 1). 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 minute order of the Bo~rd of Supervisors. of San Bernardino Dated ~ JE By Date d Title Address 300 N. "D" Street ~PD'ovec 35 to Lega: "'arT Reviewec 3S to ~~+:rTa~.ve ~ct:on ~e\i:eV"vec ..:o~ ~"ocesSing ~ .. ~ Coun~1 Couflse ~ger-cv "'::"l;~ S::"3~Qr C~,~. Date Date r:,)ate 3 3 -,:'311-000 "<.~v L/3': :....~(;~~.-