HomeMy WebLinkAbout11- Parks, Recreation & Community Services CITY OF SAN BERK_ _RDINO - REQUEST F .,R COUNCIL ACTION
From: ANNIE F. RAMOS, DIRECTOR Subject: RESOLUTION APPROVNG THE EXECUTION OF A
CONTRACT WITH THE COUNTY OF SAN
Dept: PARKS, RECREATION & COMMUNITY SERVICES BERNARDINO RELATING TO THE CITY'S
UTILIZATION OF MINORS IN THE JUVENILE
Date: AUGUST 31, 1994 WORK PROGRAM.
Synopsis of Previous Council action:
Contracts have been approved for the last 9 years with Resolution 93-423 dated
November 15, 1993 being the most recent previous council action.
ADMIN.. +EIFFIC&
50 AUG SA tom. 28
Recommended motion:
l
I Adopt'= Resolution.
Signature
Contact person: Annie F. Ramos Phone: 5030
Supporting data attached: Staff Report & Resol uti on/Contract Ward: City Wide
FUNDING REQUIREMENTS: Amount: $18.200
Source: (Acct. No.) 001-382-54105
Acct. Description) Professional & Contractual Services
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERN IDINO - REQUEST Fk, -1 COUNCIL ACTION
STAFF REPORT
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.
I
The City has had a contract with the County Probation
Department for the past nine (9) years for the utilization of
Work Teams, known as the "A" Team who are minors in the
Juvenile Work Program. The "A" Team is utilized every other
weekend to complete work throughout the City such as weed
abatement and cleanup 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 abatement 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 manhours per contract year.
This equates to approximately $62,400 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 this is a cost effective program providing the
manpower to accomplish work that would be low priority if it
had to be completed in the normal scheme of everyday work
scheduling, as well as one which provides an environment for
positive contribution by youth offenders .
It is recommended that the Resolution be adopted.
I
August 31, 1994
75-0264
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 1 . The Director of Parks, Recreation and Community
7
Services Department is hereby authorized and directed to execute
8
on behalf of said City a contract with the County of San
9 Bernardino Probation Department, relating to the City' s
10
utilization of minors in the Juvenile Work Program, a copy of
11
which is attached hereto, marked Exhibit "A" and incorporated
12
herein by reference as fully as though set forth at length.
13 SECTION 2 . The authorization granted hereunder shall
14
expire and be void and of no further effect if the agreement is
15
not executed by both parties and returned to the office of the
16
City Clerk within 60 days following effective date of the
17
resolution.
18 I HEREBY CERTIFY that the foregoing resolution was duly
19
adopted by the Mayor and Common Council of the City of San
20
Bernardino at a meeting thereof, held on the _
21
day of 1994, by the following vote,
22
to wit :
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25
26
27
28
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO
2 RELATING TO THE CITY' S UTILIZATION OF MINORS IN THE JUVENILE
WORK PROGRAM.
3
COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT
4
NEGRETE
5
CURLIN
6
' HERNANDEZ
7
OBERHELMAN
8
DEVLIN
9
POPE-LUDLAM
10
MILLER
11
12
13 Rachel Clark, City Clerk
14
The foregoing resolution is hereby approved this
15
day of 1994 .
16
17
18 Tom Minor, Mayor
City of San Bernardino
19
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23
By:
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8/31/94
27 TB j f-mm
reso/minors in juvy wk
28
} FOR COUNTY USE ONLY
I New Vendor Code ot. Contract Number
M Change S C A
X Cancel J H
County Department Dept. Orgn. Contractor's License No.
Probation PRB PRB
County Department Contract Representative Ph. Ext. Amount of Contract
Claude M. Potts, Interim CPO 5684
County of San Bernardino Fund Dept. Organization Appr. I Obj/Rev Source Activity GRC/PROJ/JOB Number
AAA PRB PRB
F A S Commodity Code Estimated Payment Total by Fiscal Year
STANDARD CONTRACT FY Amount I/D FY Amount I/D
Project Name
Juvenile Work
Program
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 hereinafter called CONTRACTOR
Address
300 North "D" Street, San Bernardino, CA 92418
Phone Birth Date
Federal ID 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 M E N T
JUVENILE WORK PROGRAM
THIS AGREEMENT, made and entered into this 1st day of October, 1994, by and between City of
San Bernardino, hereinafter referred to as CONTRACTOR, and COUNTY OF SAN BERNARDINO, a
political subdivision of the State of California, hereinafter referred to as COLNITY.
W I T N E S S E T H :
WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Work
Program, hereinafter referred to as JWP, and
WHEREAS, COUNTY required 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:
02.12311-000Row. 11/90 Page I of 4
4
I
The COUNTY will provide:
A. Supervised work crew, an average of ten ( 10) to fourteen ( 14) juvenile
probationers, hereinafter referred to as minors, as required to work on the
grounds or rights-of-way of CONTRACTOR.
B. The minors shall be covered by the COUNTY self-insured Workers' Compensation.
C. The minors will perform work consisting primarily of an unskilled variety, e.g. ,
weed eradication and grounds clean-up.
D. The minors shall work an eight-hour day, have supervised breaks and a one-half
hour supervised lunch, with lunch provided by the minors or the COUNTY. Work
will be performed on weekends or on days mutually agreed to by both the COLNIA'
and the CONTRACTOR.
E. The minors or the COUNTY will be responsible for transportation to and from the
work site.
F. COUNTY will be responsible for providing all necessary tools, equipment and work-
day transportation incidental to minors performing their work.
II
COUNTY and CONTRACTOR agree 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
COUNTY agrees to employ staff who will, under 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 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 in the program.
Page 2 of 4
VI
INDEMNIFICATION. COUNTY agrees to indemnify and save harmless 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 pay out 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 pay by ( 1 ) COUNTY'S breach of any term or provision of this
Agreement; or (2) any negligent or willful act or omission of COUNTY, its employees or
subcontractors in the performance of this Agreement.
CONTRACTOR agrees to indemnify and save harmless COUNTY from and against any and all
liabilities, claims, penalties, forfeitures, suits and the costs and expenses which it may
hereafter incur, become responsible for or pay out 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 (1 ) CONTRACTOR'S breach of any terms or provision of this Agreement; or (2) any
negligent or willful act or omission of CONTRACTOR, its employees or subcontractors in the
performance of this Agreement.
VII
Both parties agree all equipment purchased or contributed to the JWT project shall remain the
property of the contributing agency, unless otherwise mutually agreed to in writing.
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 October 1 , 1994 to September 30, 1995.
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 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
M 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 I(A) falls below ten (10) 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 (10) persons.
Page 3 of 4
F.
XII
Notices and correspondence related to the performance shall be sent by first-class mail or
hand delivered to the following addresses:
COUNTY CONTRACTOR
Wilmer E. Lusk, Deputy Chief Probation Annie Ramos, Director
Officer Parks and Recreation and Community Service
Institutional Services City of San Bernardino
San Bernardino County Probation Department 547 North Sierra Way
175 West Fifth Street San Bernardino, CA 92401
San Bernardino, CA 92415-0460
XIII
CONTRACTOR agrees to comply with the provisions of the Affirmative Action Compliance Program
of the County of San Bernardino and rules and regulations adopted pursuant thereto:
Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act
of 1964, the California Fair Employment Practice Act, California Public Contracts Code 2000
and the San Bernardino County M/WBE Policy 11-15, and other applicable Federal, State and
County laws, regulations and policies relating to equal employment and contracting
opportunities, including laws and regulations hereafter enacted. Information on these rules
and regulations may be obtained from the CONTRACT COMPLIANCE OFFICER of the County of San
Bernardino at (909) 387-5544.
IN WITNESS WHEREOF, CONTRACTOR has caused this Agreement to be properly executed by an
authorized agent, and COUNTY has caused this Agreement to be executed by the Chief Probation
Officer, as authorized by minute order of the Board of Supervisors.
COUN Y OF S N ER INO
City of San Bernardino
Ch r 1cer (State if corporation, company, etc.)
AUG 2 3 1994
Dated By ►
(Authorized Signature)
Dated
Title
Address 300 North "D" Street
San Bernardino, CA 92401
Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing
► ► ►
County Counsel Agency Administrator/CAO
Date Date Date
02.12911.000 Rev. 11/90 pan. 4 of 4