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HomeMy WebLinkAbout2012-015 RESOLUTION NO. 2012-15 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR PARTICIPATION IN THE SAN BERNARDINO COUNTY SHERIFF DEPARTMENT'S PRISONER WORK RELEASE PROGRAM. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I II 24 III 25 I I I 26 III 27 III 28 WHEREAS, The County of San Bernardino conducts and administers a work program, through the Sheriff Department under Penal Code Sections 4024.2 and 4024.3, for the performance of work by persons committed to the custody of the Sheriff; and WHEREAS, staff recommends entering into a new Work Release Program Contract. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Work Release Program Contract between the City of San Bernardino and the County of San Bernardino Sheriffs Department, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract shall take effect immediately upon the execution of said contract by all parties thereto. III 2012-.15 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR PARTICIPATION IN THE SAN BERNARDINO COUNTY SHERIFF DEPARTMENT'S PRISONER WORK RELEASE 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 j oint regular meeting thereof, held on the23rd day of January, 2012, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x - JENKINS x x BRINKER SHORETT x KELLEY x JOHNSON x MCCAMMACK x (2~ /;1. ~ ~el G. Clark, CMC, CIty Clerk The foregoing resolution is hereby approved this d-4."t~ day of January ,2012. Approved as to form: JAMES F. PENMAN, City Attorney ~1.f~ 2012- 15 New Vendor Code Change Cancel County Department SHERIFF FOR COUNTY USE ONL Y Dept. SC A Contract Number 11--l:fO Dept. Orgn. SHR SHR Contractor's License No. County Department Contract Representative County of San Bernardino GREG GARLAND, CAPTAIN FAS Telephone (909)387-0640 Total Contract Amount $ STANDARD CONTRACT Other: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 1/27/12 1/26/17 $ $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA SHR SHR 9970 WORKREL $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ Project Name Work Release Program FY Estimated Payment Total by Fiscal Year Amount 110 FY Amount lID THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino Address 300 North D Street hereinafter called CONTRACTOR San Bernardino, CA 92418 Telephone (909) 384-5188 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.) Federal 10 No. or Social Security No. WITNESSETH WHEREAS, The County of San Bernardino, hereinafter referred to as COUNTY, conducts and administers a work program, through the Sheriff's Department, hereinafter referred to as SHERIFF, under Penal Code Sections 4024.2 and 4024.3, for the performance of work by persons committed to the custody of the SHERIFF. WHEREAS, the CONTRACTOR desires that participants in said work program be placed with it for work under the direction and control of the CONTRACTOR, NOW, THEREFORE, it is hereby agreed as follows: Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page 1 of 7 ""."""",~-_._,._-""~._--."..,~----_...,_...---~---"_.,,,,,",~,,<,._,,,"."""""-~.._,~"""""",._,".,,.~. 2012-15 1. SHERIFF may place inmates performing work under the aforesaid program with the CONTRACTOR. The number of participants shall depend upon the work available and the ability of the CONTRACTOR to administer and control the work program. 2. On placement of persons under this agreement by the SHERIFF 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 the SHERIFF. 3. CONTRACTOR will assign a Crew Supervisor to oversee the inmates assigned to its agency. 4. CONTRACTOR will be supplied with a Crew Supervisor Instruction Booklet by staff of the Work Release Program. 5. CONTRACTOR shall ensure that each Crew Supervisor does not fraternize with, engage services of, accept services from, do favors for, or engage in a romantic, intimate or sexual relationship with participants. 6. CONTRACTOR shall pay to COUNTY a one hundred dollar ($100) contract administration fee upon implementation of this contract. 7. The work performed by program participants will consist of manual labor to improve or maintain levees or public facilities, including, but not limited to streets, parks, and schools and/or manual labor as approved by the SHERIFF. 8. CONTRACTOR shall ensure the work, supervision, and treatment of the participants shall in all ways conform to applicable law, including but not limited to, California Penal Code Sections 4024.2 and 4024.3. 9. 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 SHERIFF will be notified by the end of the day of any participants who did not arrive for scheduled work assignment or left the work area without permission. 10. 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 SHERIFF and the CONTRACTOR. 11. 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 the California Occupational Safety and Health Administration while participants are operating any equipment. As with all other aspects of this contract, CONTRACTOR assumes all defense and liability for any injuries or damage which may occur while participants are operating power equipment. 12. The CONTRACTOR will provide work program participants with safety equipment such as signs, hard hats and red vests, required to safely perform any work assigned under this contract. 13. The CONTRACTOR's employees will provide safety instructions, explain the work to be done, and direct the work of program participants placed under this contract. Revised 1/13/2009 Page 2 of 7 2012- 15 14. 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 Work 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. SHERIFF is not required to provide worker's compensation coverage for inmate work release program participants pursuant to Penal Code Sections 4024.2 and 4024.3. However, should an injured participant successfully pursue a worker's compensation or liability lawsuit through either venue, the CONTRACTOR shall pay all legal and adjusting expenses and any awards settlements or judgments. 15. The term of this contract shall be for a period of five years commencing upon its execution by the San Bernardino County Board of Supervisors. Notwithstanding the foregoing, this contract may be terminated at any time, with or without cause, by CONTRACTOR or by SHERIFF, upon written notice given to the other party at least thirty (30) days prior to the date specified for said termination. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other, accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Notwithstanding the foregoing, COUNTY may terminate this contract at any time, without advance notice to CONTRACTOR, in the event CONTRACTOR fails to comply with any term of this agreement. 16. NOTICES - Any notice required under this contract shall be deemed given when personally delivered or deposited in the U.S. mail, certified, postage prepaid, addressed as follows: CONTRACTOR: City of San Bernardino 300 North D Street San Bernardino, CA 92418 COUNTY: San Bernardino County Sheriff's Department Bureau of Administration/Contracts Unit P.O. Box 569 San Bernardino, CA 92402-0569 17. INDEMNIFICATION - The CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. Severabilitv of Interests - The CONTRACTOR agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the CONTRACTOR and the County or between the County and any other insured or additional insured under the policy. Acceptabilitv of Insurance Carrier - Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A-VII". Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. Revised 1/13/2009 Page 3 of 7 2012-15 Failure to Procure CoveraQe - In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the CONTRACTOR or County payments to the CONTRACTOR will be reduced to pay for County purchased insurance. 18. INSURANCE - The CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If the CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services. Without in any way affecting the indemnity herein provided and in addition thereto, the CONTRACTOR shall secure and maintain throughout the Contract the following types of insurance with limits as shown: A. Workers' Compensation/Emplovers Liabilitv - A program of Workers' Compensation insurance or a State-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the CONTRACTOR and all risks to such persons under this Contract. If CONTRACTOR has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director Risk Management. With respect to CONTRACTORS that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. B. Commercial/General Liabilitv Insurance - The CONTRACTOR shall carry General Liability Insurance covering all operations performed by or on behalf of the CONTRACTOR providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: (1 )Premises operations and mobile equipment. (2) Products and completed operations. (3) Broad form property damage (including completed operations). (4) Explosion, collapse and underground hazards. (5) Personal injury. (6) Contractual Liability. (7) $2,000,000 general aggregate limit. C. Automobile Liabilitv Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and nonowned automobiles or symbol 1 Revised 1/13/2009 Page 4 of 7 2012-15 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage per occurrence. If the CONTRACTOR is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. D. Umbrella Liabilitv Insurance - An umbrella (over Primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. E. Proof of Coveraqe - CONTRACTOR shall immediately furnish certificates of insurance to the SHERIFF evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated to expire without thirty (30) days written notice to the SHERIFF, and CONTRACTOR shall maintain such insurance from the time CONTRACTOR commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this contract, CONTRACTOR shall furnish certified copies of the policies and all endorsements. F. Insurance Review - The above insurance requirements are subject to periodic review by the COUNTY. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY's risk. Any such reduction or waiver for the entire term of the contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. CONTRACTOR agrees to execute any such amendment within thirty (30) days of receipt. G. The CONTRACTOR may accomplish the insurance requirements herein through a State approved self-insurance program. 19. The Sheriff of San Bernardino County shall have the authority to exercise the COUNTY's rights and authority under this contract, including the right to give notice of termination of this contract, at his sole discretion. 20. This contract represents the full and .complete understanding of the parties with respect to the subject matter hereto, and this contract supersedes all prior oral and written agreements or understanding between the parties with respect to the subject matter hereto. This contract shall be Revised 1/13/2009 Page 5 of 7 . .' .' 2012-15 governed by the laws of the State of California. Venue for any lawsuit pertaining to this contract shall be Superior Court of California, County of San Bernardino, San Bernardino District. Any amendment to this contract shall be in writing signed by both parties. Revised 1/13/2009 Page 6 of 7 iii ..... ( 2012-15 :Si~.~ Dated: tJ / . :21P . /2 . By ~ COUNTY OF SAN BERNARDINO Name ---&\, lA '" J1J \J\( WQL~ ( rint or type name of person signing co t) r;~~ ~\~ - t~~r1) Dated: Title By Address 300 North D Street San Bernardino. CA 92418 Reviewed by Contract Compliance Date Date Revised 1/13/2009 Page 7 of 7 2012-15 REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION February 7, 2012 FROM: ROD HOOPS, Sheriff/Coroner/Public Administrator Sheriff/Coroner/Public Administrator SUBJECT: CONTRACT WITH THE CITY OF SAN BERNARDINO FOR PARTICIPATION IN THE SHERIFF'S WORK RELEASE PROGRAM RECOMMENDA TION(Sl Ratify action of the Chair of the Board of Supervisors authorizing approval of contract (Agreement No. 12-90) with the City of San Bernardino for participation in the Sheriffs Work Release Program for the period of January 27,2012 through January 26,2017. (Affected Districts: Fifth) (Presenter: Greg Garland, Captain, 387-0640) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Pursue County Goals and Objectives by Working with Other Governmental Agencies. FINANCIAL IMPACT Approval of this item will not result in the use of discretionary general funding. An administrative fee of $100, which is included in the County Fee Ordinance, is charged to each participant of the work release program. However, in accordance with Penal Code Section 4024.2, this fee may be adjusted downward based upon the participant's ability to pay. Estimated revenue generated from work release participants of $1,400,000 was included in the Sheriff Department's Fiscal Year 2011-12 budget. The Work Release Program also provides a cost savings to the County from reducing detention costs by offering an alternative to incarceration for low-risk offenders. BACKGROUND INFORMATION Approval of this item would allow the City of San Bernardino (City) to participate in the County's Work Release Program. California State Penal Code Sections 4024.2 and 4024.3 establish the authority for counties to offer a voluntary program under which persons committed to a detention facility may participate in a work release program in lieu of incarceration. The program provides manual labor to improve or maintain public facilities or in support of non-profit organizations. The City of San Bernardino is requesting a work release contract with the County. This contract establishes the responsibilities of the parties, including liability and indemnification issues. Pursuant to this contract, inmates participating in the program will work under the direction and control of the City. The number of participants shall depend upon the work available and the Page 1 of 2 ITEM 36 AYE 5 cc: Sheriff-Garland w/agreement & Hoops Contractor clo Sheriff w/agreement Auditor-Accounts Payable Manager w/agreement EBIX-BPO c/o Risk Management CAO-Forster File - w/agreement MOTION ml 02/15/12 Rev 4.19-11 BY DATED: February 07, 2012 2012-15 CONTRACT WITH THE CITY OF SAN BERNARDINO FOR PARTICIPATION IN THE SHERIFF'S WORK RELEASE PROGRAM FEBRUARY 7,2012 PAGE 2 OF 2 City's ability to administer the work program. The contract is for a period of five years, but provides for early termination with thirty (30) days written notice. Due to unforeseen circumstances within the City of San Bernardino, the City's authorized representative did not sign this contract until January 26, 2012. The previous contract expired at midnight on January 26, 2012. The Sheriff's Department had assigned over 100 inmate workers to the City for the weekend of January 28-29, 2012 and the City had arranged for crew supervisors to manage these weekend participants. Consequently, a memorandum dated January 26, 2012 was sent to the Chair of the Board requesting approval of the contract. The Chair approved the contract later that day, which allowed the work release crews to complete their assignments. REVIEW BY OTHERS This item has been reviewed by County Counsel (Steven Singley, Deputy County Counsel, 387- 4271) on December 1, 2011 and the County Administrative Office (Tom Forster, Administrative Analyst, 387-4635) on January 9,2012. 02/07/12 #36