The URL can be used to link to this page

Home My WebLink AboutS02-Parks and Recreation : CITY OF SAN BER~RDINO - REQUEST 2.. COUNCI~TION From: Annie F. Ramos, Director Subject: RESOLUTION APPROVING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNAR- DINO RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. Dept: Parks, Recreation & Community Servi ces Date: July 21, 1989 Synopsis of Previous Council action: Resolutions have been approved for past four (4) years with latest being Resolution No. 88-338 dated September 6, 1988. tj ;:; ;b. ~ :f5 P I , . - Q .- J!: :'<:; f.E - - '- - "'" -oJ 'f Recommended motion: Adopt the Resolution. ~ '7 XZv' Signature Annie F. Ramos Phone: 5030 Ward: City Wide FUNDING REQUIREMENTS: 001-382-53150 Source: (Acct, No.) lA D ., ) Professional and Contractual Services . cct, escrlPtlon. Finance: Ct....Jvw f.'J~ Council Notes: ,,_ 1 . 0 CITY OF SAN BERN'iRDINO - REQUEST FOR COUNCIL ACTION . , RESOLUTION APPROVING THE EXECUTION OF A STAFF REPORT CONTRACT WITH THE COUNTY OF SAN BERNAR- DINO RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. The City has had a contract with the County Probation Department for the past four (4) years for the utilization of Work Teams, known as the "A" Team, which are minors in the Juvenile Work Program. The "A" Team is utilized every other week-end to complete work throughout the City such as weed abatement and clean- up of various City properties such as undeveloped parks and fringe areas of developed properties. The use of the "A" Team has released the regular employees from the weed abate- ment and clean-up tasks that are extremely time consuming, however necessary, and allows them to put their time to the areas that require more skilled labor. The "A" Team works in excess of 4,160 man hours per contract year. This equates to approximately $41,600 worth of work that would be performed by more skilled workers if the "A" Team was not available. With the "A" Team costing $18,200 per year, it is evident that thls is a cost effective program as well as one which provides an environment for positive contribution by youth offenders, and it provides the manpower to accomplish work that would be low priority if it had to be completed in the normal scheme of everyday work scheduling. It is recommended that the Resolution be adopted. Justification for Placement on the Supplemental Agenda The contract documents were not received from the County Probation Department until July 20th, consequently review by City Attorney and preparation of the resolution could not be completed by the regular Agenda deadline. This contract begins on August 22, 1989 and needs to be back in the Coun~y for further processing prior to that date. July 21, 1989 "7c_n"&:.Jl o o 1 RESOLUTION NO. 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 l. 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 lO of which is attached hereto as Exhibit.. A" and incorporated 9 City's utilization of minors in the Juvenile Work Program, a copy II herein by reference as fully as though set forth at length. l2 I HEREBY CERTIFY that the foregoing resolution was duly l3 adopted by the Mayor and Common Council of the City of San l4 Bernardino at a meeting thereof, held on the l5 day of , 1989, by the following vote, to wit: l7 l6 AYES: Council Members 18 19 20 2l 22 23 24 25 NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1989. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: 26 JAMES F. PENMAN, City Attorney 27 28 A By: ~t. HElM July 26, 1989 (J~ ~ o FOR CO USE ONLY County Department Contract Numbe, Probation County Department Contract "apt...nt.tive ContrllCto,'. Lice". Number: 387- Claude Potts Ph ext 5684 Budget Unit No. I Sub-Qbject No. I Fund No. I Job No. I Amount of Contract Project Nam.: If contract h. more than one payment or receipt. Juvenile Work Prop;ram complete the following: Pay menu e.tlmate: Approximate Amount Each: Ov ~h~ COUNTY OF SAN BERNARDINO ~t ~ STANDARD CONTRACT 'Hp,,~\~~ THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter called the County, and Nam. City of San Bernardino "1m5 North "0" Street San Bernardino, CA 92418 Phone Birth Datil hereafter called Contractor Feder.IID No. or Social Security No. IT IS HEREBY AGREED AS FOllOWS: (U.. ",ace below and additionlll bond rhHu. Set forth service to be rendered, amount to be paid, manner of PlIYment, time for performance or completion, delrmnination of satisfactory performance and ceuse 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 22nd day of August, 1989 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: 1 3 o o 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 agents and employees assume no liability for the 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, its officers, 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. 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, (11) 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 - o o I 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 August 22, 1989 to June 30, 1990. 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 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 IA 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. Tbtal consideration not to exceed $18,200.00. XII Notices and correspondence related to the performance shall be sent by first-class mail or hand delivered to the following addresses: County Claude Potts, Director Administrative Services San Bernardino County Probation Department 175 West Fifth Street San Bernardino, California 92415 Contractor Annie Ramos, Director Parks and Recreation and Community Service City of San Bernardino 547 N. Sierra Way San Bernardino, CA 92401 KIll 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 Board of Supervisors. Approved as to fonn and legal content: JAMES F. PENMAN, City Attorney ATTEST: City Clerk OF N~NL ). 0 3 ~ 7.~, ~ CITY OF SAN BERNARDINO co . (State if corporation, company, etc.) Dated By. (Authorized SignatunJ Dated Title w. R. lblcxmi:l, Mayor 300 North "D" Street Address San Bernardino, CA 92418 ~pproved as to Legal Form Reviewed.. to Affirmative Action A....I.w.d for Procelllng . . . AgeneY Admlnl.trator/CAO :ounty Couns.l 'at. Date Dafll