HomeMy WebLinkAbout30-Parks and Recreation
. CITY Q: SAN BERNARDINoO REQ,EST FOR COUNC~TION
~
From: Anni e F. Ramos, Di rector Subject: RESOLUTION APPROVING THE EXECUTION OF
A CONTRACT WITH THE COUNTY OF SAN
Dept: Parks, Recreation & Community Servi ces BERNARDINO RELATING TO THE CITY'S
UTILIZATION OF THE SHERIFF'S INMATE/
Date: July 17, 1989 WEEKEND WORKER PROGRAM.
Synopsis of Previous Council action:
Nolie.
Recommended motion:
Adopt the Resolution.
a~H< 7 .~L~~
Signature
Contact person:
Ed Yelton
Phone:
5030
Supporting data attached: Staff Report, Reso 1 uti on & Contract. Ward:
City ~lide
FUNDING REQUIREMENTS:
Amount: None.
Source: (Acct. No.)
(Acct. OescriDtionl
Finance:
Council Notes:
'. ~
An~n". l+~~ ..,^;j /)
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CITY CJ SAN BERNARDINO ORECC)EST FOR COUNCIL OTION
RESOLUTION APPROVING THE EXECUTION OF
A CONTRACT WITH THE COUNTY OF SAN
BERNARDINO RELATING TO THE CITY'S
UTILIZATION OF THE SHERIFF'S INMATE/
WEEKEND WORKER PROGRAM.
STAFF REPORT
The Parks, Recreation and Community Services Department would like to contract with
the San Bernardino County Sheriff's Inmate/Weekend Worker Program to provide weekend
clean-up and stocking of park restrooms, litter removal of grounds and emptying
of trash containers at various park locations. The parks scheduled are Perris Hill,
Lytle Creek, Wildwood, Meadowbrook, Anne Shirrells, La Plaza, Nunez and Nicholson.
We will request eight participants or the staff equivalent of 6,400 hours of labor
for a fifty weekend reporting year. This equates to approximately $100,000 worth
of labor if permanent full time staff were utilized. Supervision of the program
will be provided with currently assigned staff. Materials and equipment will be
utilized from existing inventories that are normally used durinq the work week.
Therefore, there is no direct cash outlay for this program. This program would
provide a clean recreational environment for the park user and a reduced workload
on Monday mornings for staff enabling them to perform other maintenance functions.
It is recommended that the resolution be adopted.
Justification for Placement on the Supplemental Agenda
Administrative processing of this document through the Department and the City
Attorney's Office delayed completion past the regular agenda deadline. This work
program will be extremely valuable to the City and expeditious processing by
placing it on the next council meeting agenda will allow an early start date and
enable the Department to begin to realize a weekend clean-up program of our major,
heavy use parks.
July 17, 1989
75-0264
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1 RE~L~I~ ~.
2 , ~~~TION.OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
C~RACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION
3 Of'~THrSHERIFF'S INMATE/WEEKEND WORK PROGRAM.
..-J .,.,',
4 'BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOllOWS:
5
6
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SECTION l. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City a contract with the County of
San Bernardino relating to the City's utilization of The Inmate/Weekend
Worker Program, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly adoPted,byr'~;~
, ' .
.,.~. ~
Mayor and Common Council of the City of San Bernardino at a
. ,t'
i" J,';-' ~.
,1989, iv.the
.....,. .....;..,..,
, .- <
''':~_ 'L
meeting thereof, held on the
following vote, to wit:
day of
';"
AYES:: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
\~. R. HOLCOMB, HAYOR
City of San Bernardino
Approved as to form
and legal content:
1/"\ /'
, I ' I
~'ttorZ/4}1<',,",-
7/17/89
.JIll
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
FROM:
James F. Penman, City Attorney
Dennis A. Barlow, Sr. Assi~tant City Attorney
August lO, 1989
TO:
DATE:
HE:
Weekend Work Program Contract (Parks and Recreation)
I find 4 problems with the proposed Agreement:
1. The indemnification provision is very one-sided. If one
of these workers attacks a citizen while working for the City
under this Agreement we . would probably have to indemnify the
County for any damages incurred. This seems inappropriate since
the County is supposed to screen the participants. Annie Ramos
contends that the risks are minimal and the benefit to the'City
far outweighs the risk. This is probably a policy question which
should be decided by the Council as long as we give them all the
facts.
2. A May l, 1986 memo from the City Administrator (John
Matzer, Jr.) directs the Safety Officer to screen the
participants before they may be allowed to work in the City
program. Although I question whether the Safety Officer has any
special training or skills to perform this task, I surmise that
such City screening is not done by him or anyone else.
3. San Bernardino Municipal Code Section 1.20.020 provides
that such participants are not employees of the City and are not
eligible for Worker's Compensation if injured while employed.
The Agreement is silent as to whether the participants are to be
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considered employees of the City or the County. It does,
however, provide that Worker's Compensation Claims will be
processed "as if the work participant was a County of San
Bernardino employee." Then it goes on to require that the City
will reimburse the County for all such costs. I'm not sure that
this "subterfuge" saves the Agreement from violating the code
provision. In relation to Work Release Programs the state of the
law is very clear as to the employment status of workers:
....[W]hen a County jail inmate is loaned out
to a third party for work on a voluntary
basis, whether that third party is a private
corporation or a municipality, and when he is
under the control of the third party and such
third party has the right to direct the
manner in which the service shall be
performed, there is a relationship of master
and servant, an implied contract of hire,
and, by statutory definition, the inmate
becomes an 'employee,' and, as such, is
entitled to Worker's Compensation benefits
when injured in the course and scope of his
employment, notwithstanding that the monetary
consideration passing to him is nil and that
other considerations from the direct
beneficiary of the services are of nominal
value." (65 Cal Jur lll, Section 52; State
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CONJRACT VITK THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION
3 Qf'THE" SHERIFF'S INMATE/WEEKEND WORK PROGRAM.
..,....:..~
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOllOWS:
5
6
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City a contract with the County of
San Bernardino relating to the City's utilization of The Inmate/Weekend
7
8
9
Worker Program, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by t~: '
Mayor and Common Council of the City of San Bernardino at a
,
meeting thereof, held on the
following vote, to wit:
AYES:: Council Members
, 1989, ~ the
day of
~".:
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
\~. R. HOLCOMB, f1AYOR
City of San Bernardino
Approved as to form
and legal content:
City Attorney
7/17/89
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1 RESOLUTION NO.
2 RESOLUTION ,OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CONJRACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION
3 QFTHE SHERIFF'S INMATE/WEEKEND WORK PROGRAM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
5
6
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City a contract with the County of
San Bernardino relating to the City's utilization of The Inmate/Weekend
Worker Program. a copy of which is attached hereto. marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly adopted,by ~~:..
Mayor and Common Council of the City of San Bernardino at a ~
7
8
9
meeting thereof. held on the
following vote. to wit:
AYES:: Council Members
,
. 1989, Iv. the
day of
\:; .~
NAYS:
ABSENT:
City Cl erk
The foregoing resolution is hereby approved this
day of
, 1989.
\~. R. HOLCOMB, HAYOR
City of San Bernardino
Approved as to form
and legal content:
City Attorney
7/17/89
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1 RtSOLUTION NO.
2 RESOLUTION.OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CONlRACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION
3 Qf"THE'-SHERIFflS INMATE/WEEKEND WORK PROGRAM.
......'l:""
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
5
6
7
8
9
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City a contract with the County of
San Bernardino relating to the City's utilization of The Inmate/Weekend
Worker Program, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly ad~ted'by;t)e:~
. ~.- . ....
Mayor and Common Council of the City of San Bernardino at a
~+
t
meeting thereof, held on the
following vote, to wit:
~. ~" .
, 1989, ~.,.,~~
day of
"
,t."
,: - ~-
~i~ .
.~
AYES::
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
!~. R. HOLCOMB, 11A YOR
City of San Bernardino
Approved as to form
and legal content:
City Attorney
7/17/89
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compensation APpeals Board (1970) 8 CA 3d
978; Pruitt v Workmen's Compensation APpeals
Board (1968) 261 CA 2d 546; Morales v ~
(1986) l86 CA3d 283)
However I am advised that this weekend work program is made
up of individuals who are sentenced by the Court to serve
community service on the weekends rather than imprisonment, and
there is no compensation involved. This situation sounds very
much like that considered by the Court in Parsons v ~ (1981)
l26 CA 3d 629. In Parsons the applicant had been granted
probation on condition that he serve 45 days in a county
correctional road camp where he worked in the kitchen. While
there he was injured. The Court concluded that there was no
consensual employment relationship. If this case were followed a
Court would conclude in our situation that the injured worker was
not an employee and not entitled to Worker's Compensation
benefits.
4. The City may want to review the policy of not covering
work release participants with worker's compensation since by law
they are covered anyway. But more importantly, if they do not
have access to Worker's compensation coverage they can turn to
traditional liability relief which could result in substantially
greater financial loss to the City.
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I conclude that legally we can sign and approve the
Agreement if it actually is as has been described to me, but the
Council needs to understand the liability issued involved.
~6J
D NNIS A ARLOW
Sr. Assistant City Attorney
DAB/ses
o
County Department
FOR COUNTY USE ONLY
Contrect Number
. COUNTY OF SAN BERNARDINO
-~ iii ~ STANDARD CONTRACT
~~
SHERIFF
CountY [)apartment Contrect Rep,...ntatlw
COntr8C1:0,'. Llc~_ Number:
L. RAY HARPER Ph Ex 3660
Budget Unit No. Sub..Qb;.ct No. Fund No. Job N~.
Amount of Contract
Project Name:
Sheriff's Work Release
Proqram
o value
I contrKt . mo... than one peyment or receipt,
complete the following:
P8Ymlntl Estimate:
ApproxlmaU Amount Eech:
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter
called the County, and
Nome SAN BERRARDINO CITY PARKS
AND RECREATION hereafter called
Add_
(714) 384-5130
Phon.
Birth Datil
Fed.r.1 10 No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(u.. ",ace below and additional bond sheers. Set forth service to be rendered, amount to be paid, mannar of paymant, time
for parformance or completion, detennination of satisfactory parfonnance and cause for tennination, other tenns and
conditions, and attach plans, fPBCifications, and addenda, 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 City Parks and Recreation Department
desire that participants in such work program be placed with
it for work under the direction and control of the Department,
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 Department. 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
Department the work of the participants will be under the
direct supervision and control of the Department.
(3) The work to be performed by program participants
will consist of litter pickup, weed removal, and other
aesthetic improvement to public lands and parks.
D__ ...4
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(4) The Department will not provide any security
guards and the Department employee(s) working with
participants will not physically restrain any participants
that might leave the work area. The County of San Bernardino
Sheriff's Department will be notified by the end of the day of
any participants who leave the work area without permission.
(5) The Department 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 Department.
(6) Equipment operations will be performed only by
qualified Department employees.
(7) The Department will provide program work
participants with safety equipment such as signs, hard hats
and red vests.
(8) The Department employees will provide safety
instructions, explain the work to be done and direct the work
of program participants placed under this agreement.
(9) In the event that a claim for industrial injury
is filed by a participant working under this agreement under
the direction of the Department, the County of San Bernardino
will be responsible for the administration of the claim in the
manner as if the work participant was a County of San
Bernardino employee. The Department will reimburse the County
of San Bernardino for all costs incurred in the administration
of such claims including any settlement costs or awards to
participants.
(10) The Department shall indemnify, hold harmless
and defend the County of San Bernardino, its agents and
employees from any any all actions, claims or suits of every
name, kind and description, which may be asserted by any
person, including any work participant placed by County of San
Bernardino with the Department arising out of or in connection
with the performance of work for the City by any participant
during the period of placement with the Department.
o
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(11) This agreement shall become effective upon its
execution by all of the parties hereto. The agreement may be
terminated by either party upon (30) days written notice to
the other party.
IN WITNESS WHEREOF the parties hereto have caused this
agreement to be executed by their duly authorized officers.
Approved as to form
and legal content:
James F. Penman
City Attorney
COUNTY OF SAN BERNARDINO
~
Chairman, Board of Supervisors
(State if corporation, company, ete.)
By~
Dated
(Authorized Signature)
Dated
ATTESTED:
Title
~
Clerk of the Board of Supervisors
Address
Approved as to LelJ81 Form
Reviewed as to Affirmative ActIon
Reviewed for Processing
~A'A,J /1{./'/"1~
County Counsel
Dat. 0-;;9-1,9
~
~
Agency Administrator/CAO
Date
Date
,.,,, ,,,,,,,,_nnn Q.." l1/Rn
Page_ of_
.0
FOR COUNTY USE ONLY
Caun
t
Contr.t
SHERIFF
County o.oanment Con".t ....retentatlwe
Contr8CtOf'" Ween_ Humbet':
~ COUNTY OF SAN .RNARDINO
~ STANDARD CONTRACT
L. RAY HARPER p
Bud," Unit No. Sub~b)ect No.
. 3660
Func:t No. Job N9.
Amount of ContrK't
llroject N.me:
Sheriff's WOrk Release
Proqraa
o value
I contr.c . more en one ",ayment at Nee pt,
complete me followlne:
'wmenu EI1:Im..:
~ro.lmllte Amount I..":
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter
C11led the County, and
Nome SAN BBllNARDINO CITY PARKS
AND RBCRBA'1'ION hereafter called
--
PecMr.' I D No. or Social Security NO.
~ It
D~
(714) 384-5130
IIIhone Blrt" One
IT IS HEREBY AGREED AS FOLLOWS:
(U.. sp<<e below and addition" bond $heers. Set forth ,
for parformMrce or completion, detrlnnination of ssti&
conditions,/IIId attach pll'flS, fP8Cifications, and addenda,.. _.,.,
. paid, mllflf/flr of prtmant, time
r trlnnin.tion, other trlnn, ...d
WITNESSE'1'H
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 City Parks and Recreation Department
desire that participants in such work program be placed with
it for work under the direction and control of the Department,
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 Department. 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
Department the work of the participants will be under the
direct supervision and control of the Department.
(3) The work to be performed by program
will consist of litter pickup, weed removal, and
aesthetic improvement to public lands and parks.
participants
other
p__ 01_
~
u
.0
o
o
(4) The Department will not provide any security
guards and the Department employee(s) working with
participants will not physically restrain any participants
that might leave the work area. The County of San Bernardino
Sheriff's Department will be notified by the end of the day of
any participants who leave the work area without permission.
(5) The Department 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 Department.
(6) Equipment operations will be performed only by
qualified Department employees.
(7) The Department will provide program work
participants with safety equipment such as signs, hard hats
and red vests.
(8) The Department employees will provide safety
instructions, explain the work to be done and direct the work
of program participants placed under this agreement.
(9) In the event that a claim for industrial injury
is filed by a participant working under this agreement under
the direction of the Department, the County of San Bernardino
will be responsible for the administration of the claim in the
manner as if the work participant was a County of San
Bernardino employee. The Department will reimburse the County
of San Bernardino for all costs incurred in the administration
of such claims including any settlement costs or awards to
participants.
(10) The Department shall indemnify, hold harmless
and defend the County of San Bernardino, its agents and
employees from any any all actions, claims or suits of every
name, kind and description, which may be asserted by any
person, including any work participant placed by County of San
Bernardino with the Department arising out of or in connection
with the performance of work for the City by any participant
during the period of placement with the Department.
o
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(11) This agreement shall become effective upon its
execution by all of the parties hereto. The agreement may be
terminated by either party upon (30) days written notice to
the other party.
IN WITNESS WHEREOF the parties hereto have caused this
agreement to be executed by their duly authorized officers.
Approved as to form
and legal content:
James F. Penman
City Attorney
By: ~~ '/
/.
(J
I
J~
COUNTY OF SAN BERNARDINO
.
Chairman, Board of Supervisors
(Stare If corporation, company, etc.)
By.
Dated
(Authorized SignatureJ
Dated
ATTESTED:
Title
.
Clerk of the Board of Supervisors
Address
Approved as to Legal Form
Reviewed a. to Affirmative Action
Reviewed tor Processing
!; ,Ill, J (lct,/"1~
County Counsel
.
.
Agene,; Administrator/CAD
Date
&:> -J 9-1,9
Date
Date
02-12311-000 Rev. 11/80
Page_ ot_
Ll
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FOR COUNTY USE ONLY
.
eon.....
S
CountY o.ertm.nt Contrat "........"'.tlw
Con~. Llcen. Number:
:A.. COUNTY OF SAN .RNARDINO
. STANDARD CONTRACT
L. RAY HARPER Ph 3660
Budget Unit No. Su.-ob)ect No. funGI No. Job Nti.
Amount of ContrKt
"Oiect N......:
Sheriff's Nark Release
ProqrUl
o value
I contract . mon en one p..ment or receipt,
compleftl the fonowl"l:
It..,mMtI Enlm..:
ANro.lmllNl Amount lee":
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter
C1111d the County, and
N_ SAN BBRRARDINO CITY PARKS
AND RECREATION hereafter called
--
~ .,.
D~
(714) 384-5130
Phone Birth Dew
,_,.110 No. or Social SecuritY No.
IT IS HEREBY AGREED AS FOLLOWS:
(UN ~ below and additionM bond Jheeu. Set forth ,
fOf' parformVlCe or completion, t*tllnnination of sati.
conditions, MId attach pl6ls, fPBCifications, and adt*nrJ.,.. _.,..
, paid, m6l".' of prfmant. time
r rennin.tion, or/wr tIInns 61d
WITNBSSBTH
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 City Parks and Recreation Department
desire that participants in such work program be placed with
it for work under the direction and control of the Department,
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 Department. 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
tn. County of San Bernardino Sheriff's Department with the
Department the work of the participants will be under the
direct supervision and control of the Department.
(3) The work to be performed by program
will consist of litter pickup, weed removal, and
aesthetic improvement to public lands and parks.
participants
other
.,.1.21.1408 "v. 111810
''''_ of_
o
o
o
.
(4) The Department will not provide any security
guards and the Department employee(s) working with
participants will not physically restrain any participants
that might leave the work area. The County of San Bernardino
Sheriff's Department will be notified by the end of the day of
any participants who leave the work area without permission.
(5) The Department 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 Department.
(6) Equipment operations will be performed only by
qualified Department employees.
(7) The Department will provide program work
participants with safety equipment such as signs, hard hats
and red vests.
(8) The Department employees will provide safety
instructions, explain the work to be done and direct the work
of program participants placed under this agreement.
(9) In the event that a claim for industrial injury
is filed by a participant working under this agreement under
the direction of the Department, the County of San Bernardino
will be responsible for the administration of the claim in the
manner as if the work participant was a County of San
Bernardino employee. The Department will reimburse the County
of San Bernardino for all costs incurred in the administration
of such claims including any settlement costs or awards to
participants.
(10) The Department shall indemnify, hold harmless
and defend the County of San Bernardino, its agents and
employees from any any all actions, claims or suits of every
name, kind and description, which may be asserted by any
person, including any work participant placed by County of San
Bernardino with the Department arising out of or in connection
with the performance of work for the City by any participant
during the period of placement with the Department.
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(11) This agreement shall become effective upon its
execution by all of the parties hereto. The agreement may be
terminated by either party upon (30) days written notice to
the other party.
IN WITNESS WHEREOF the parties hereto have caused this
agreement to be executed by their duly authorized officers.
Approved as to form
and legal content:
James F. Penman
City Attorney
~ 1
By: ~ J../~
(
J
COUNTY OF SAN BERNARDINO
~
Chairman, Board of Supervisors
(Stare If corporation. company. ere.)
By ~
Dated
(Authorized Signature)
Dated
ATTESTED:
Title
~
Clerk of the Board of Supervisors
Address
Approvecl al to L8g111 Form
Aeviewed as to Affirmative Action
~.vi8W.d for Proc.ssing
~ A'A,J (1)-!.L1~
County Counsel
Dot. &;,-:;.9'x9
~
~
Agency Administrator/CAO
Date
Date
02.12311.QOO Rev. 11/80
I'age_ 01_
o
FOR COUNTY USE ONLY
Coun
t
Con....
SHERIPF
COuntY o..artment Contrect ".,..ntMtve
Con.,..,.. Llcen. NumbeP:
4. COUNTY OF SAN ERNARDINO
~ STANDARD CONTRACT
L. RAY HARPER Ph 3660
Iud,," Unit No. Sub4bject No. "und No. JoG ....
Amovnt of Contr8Ct
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Sheriff's WOrk Release
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A"1Olllm... AmOUnt lech:
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter
C81led the County, Illd
N_ SAN BERRARDINO CITY PARKS
AND RECREATION hereafter called
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(714) 384-5130
'hone Blrm Da.
Feder.IIO No. or Social SIlcurltY No.
IT IS HEREBY AGREED AS FOLLOWS:
(U. lIP<<>> below MId addition. bond "'eets. Set forth ,
for partonn.nce or completion, detennination of sati~
condition., and attach plMls, fPBCifications, and addenda, .. _.,..
, paid. mMl".' of P'Yment, time
r tennin.tion, om.r ."". MId
WITNBSSBTH
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 City Parks and Recreation Department
desire that participants in such work program be placed with
it for work under the direction and control of the Department,
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 Department. 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
Department the work of the participants will be under the
direct supervision and control of the Department.
(3) The work to be performed by program
will consist of litter pickup, weed removal, and
aesthetic improvement to public lands and parks.
participants
other
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(4) The Department will not provide any security
guards and the Department employee(s) working with
participants will not physically restrain any participants
that might leave the work area. The County of San Bernardino
Sheriff's Department will be notified by the end of the day of
any participants who leave the work area without permission.
(5) The Department 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 Department.
(6) Equipment operations will be performed only by
qualified Department employees.
(7) The Department will provide program work
participants with safety equipment such as signs, hard hats
and red vests.
(8) The Department employees will provide safety
instructions, explain the work to be done and direct the work
of program participants placed under this agreement.
(9) In the event that a claim for industrial injury
is filed by a participant working under this agreement under
the direction of the Department, the County of San Bernardino
will be responsible for the administration of the claim in the
manner as if the work participant was a County of San
Bernardino employee. The Department will reimburse the County
of San Bernardino for all costs incurred in the administration
of such claims including any settlement costs or awards to
participants.
(10) The Department shall indemnify, hold harmless
and defend the County of San Bernardino, its agents and
employees from any any all actions, claims or suits of every
name, kind and description, which may be asserted by any
person, including any work participant placed by County of San
Bernardino with the Department arising out of or in connection
with the performance of work for the City by any participant
during the period of placement with the Department.
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(11) This agreement shall become effective upon its
execution by all of the parties hereto. The agreement may be
terminated by either party upon (30) days written notice to
the other party.
IN WITNESS WHEREOF the parties hereto have caused this
agreement to be executed by their duly authorized officers.
Approved as to form
and legal content:
James F. Penman
City Attorney
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By: . ~ "7 ./~
(j
COUNTY OF SAN BERNARDINO
(Steffe If corporation, company, etc.)
..
Chairman, Board of Supervisors
By"
(Authorized Signature)
Dated
Dated
ATTESTED:
Title
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Clerk of the Board of Supervisors
Address
Approved as to Legal Form
Aeviewed as to Affirmative Action
Reviewed for Processing
~A'A,J ('lCtL1r--
County Counsel
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Agency Admlnistrator/CAO
Date
G -:J. 9-f,9
Data
Oate
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