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CI-fi OF SAN BERNAROIhb - REQUEhn FOR COUNCIL AC~N
From:
Raymond D. Schweitzer
Deputy City Administrator
Subject: Juveni 1 e Offender Work Program "A" Team.
Dept:
Date: August 28, 1985
Synopsis of Previous Council action:
September 17, 1984 -- Approved Resolution authorizing the execution of a contract
with the County Probationary Department. The "A" Team (Alternative) was assigned
throughout the past year to Parks, Recreation and Community Services Department.
Recommen<:led motion:
Adopt resolution.
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Sig?ature
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Phone: 5124
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Contact person: Raymond D. Schweitzer
Supporting data attached: yes
FUNDING REQUIREMENTS: Amount: $15,000 FY
Ward:
Source:001-382-53150 Park, Recreation
Community Services (Contractual
Financeser"ir;8SCJ.;Vjh 71r~if. ,
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Council Notes:
75-0262
Agendaltem~ /:
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~I.R OF SAN BERNAROfiio - REQU.QT FOR COUNCIL AC~ON
STAFF REPORT
City participation in the San Bernardino County I'robat ion lJppa.'l""'lIl
"A" Team Juvenile Weekend work program began on October 6, 1984, In this
program, the County Probation Department provides the workers, tools,
equipment, transportation and supervision, The City provides the work
site, portable toilets when necessary, and disposal of debris and
trash generated by the work.
During 1984/85, the City paid $150 per day for 10 or more workers
with a reduction of $10 each for less than 10. During this initial
period there has been an average of 11,88 workers each day. The program has
provided for weed abatement, hedge trimming, painting and other labor
intensive work. It has proven to be cost effective as it allowed for
approximately 2,200 manhours of regular park employee time to be used
on the more technical and skilled work. The City spent a total of
$9,900 for "A" Team workers in 1984/85.
The Contract for 1985/86 will cost $300 per day for 10 or more
workers, To util ize "A" Team workers for 26 weekends (52 work days),
the total cost in 1985/86 will be $15,600,
75-0264
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO RELATING
3 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 OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION I. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a
8 contract with the County of San Bernardino relating to the City's
9 utilization of minors in the Juvenile Work Program, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated
11 herein by reference as fully as though 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
meeting thereof, held on
15 the
day of
, 1985, by the following vote,
16 to wit:
17
18
Council Members
AYES:
19 NAYS:
20 ABSENT:
21
22
23
City Clerk
The foregoing resolution is hereby approved this
day
24 of
, 1985.
25
Mayor of the City of San Bernardino
26 Approved as to form:
27
28
Q
COUNTY USE ONLY
o
County Department
Contract Number
PROBATION
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County Cepartment Contract Aepresentative
Contracto,'s Licens. Number:
COUNTY OF SAN BERNARDINO
STANDARD CONTRACT
Sub-Object No.
Job No.
Amount of Contract
Project Name:
If contract has more than one payment or receipt,
comple,.. the following:
Payments estimate:
Approximate Amount Each:
TH IS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter
called the County, and
Name
r.ity nf San Rprnardino
Add'... 300 North "0" St.
San Bernardino, CA
1!'lJ'o 383-5122
hereafter called Contractor
92418
Birth Date
Fede,al 10 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. I
A G R E E MEN T
JUVENILE WORK PROGRAM
THIS AGREEMENT, made and entered into this
between the
hereinafter referred to as CONTRACTOR,
day of September
, 1985 by and
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:
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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
The minors will perform work consisting primarily of
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.
Workers' Compensation.
an unskilled variety,
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, (ii) any negligent or willful act or omission of CONTRACTOR, its
employees or subcontractors in the performance of this Agreement.
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VII
Both parties agree that all equipment purchased or contributed to the JWP project
shall remaifu 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 September 1, 1985 to June 30, 1986.
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 $300 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
$300 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.
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
175 West Fifth Street
San Bernardino, California 92415
Contractor
Raymond D. Schweitzer
D Deputy City Administrator
epartment City of San Bernardi no
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
(Title of Agent)
Agreement to be executed by the Chief Probation Officer, as authorized by minute order of
the Board of Supervisors.
COUNTY OF SAN BERNARDINO
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Chairman, Board of Supervisors
City of San 8ernardino
(State if corporation, company, etc.)
Dated
By.
(Authorized Signature)
ATTESTED:
Dated
.
Clerk of the Board of Supervisors
Title Fvlyn Wil"ox, Mayor
Address300 North "0" Street, San Bernardino
Approved as to Legal Form
Reviewed as to Affirmative Action
Reviewed for Processing
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County Counsel
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Agency Administrator/CAD
Date
Date
Date
\ 02.12311-000 Rev. 11/80