HomeMy WebLinkAbout21-Parks & Recreation
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CITY OF SAN BERNAaDINO - REQUEST FQ. COUNCIL ACTION
FO Annie F. Ramos, Director
Dept: Parks, Recreation & Community Services
Date: October 10, 1990
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.
Synopsis of Previous Council action:
Contracts have been approved for the past 5 years with Resolution #89-314 dated
August 7, 1989 being the most recent previous council action.
Recommended motion:
o Adopt
Resolution.
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Signature
Contact person:
Annie F. Ramos
Phone:
5030
Supporting data attached: Staff Report & Resolution/Contract Ward:
City Wide
FUNDING REOUIREMENTS:
Amount:
$18,200
Source: (Acct. No,) 001-382-53150
(Acct. DescriPtion) Professional and Contractual Services
Finance:
7 jI-..!/
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OCil Notes:
Agenda I tern No
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CITY OF SAN 8BRNQDINO - RBQUBST FcQ COUNCIL ACTION
~SOLUTION APPROVING THE EXECU-STAFF REPORT
~ION OF A CONTRACT WITH THE
COUNTY OF SAN BERNARDINO 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 five (5) 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 cleanup of various city properties such as
undeveloped parks and fringe areas of developed properties.
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The use of the "A" Team has released the regular employees
from the weed abatement and cl~an-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 $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 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.
Ooctober 10, 1990
. (RESO:JUVIEPROGR)
75-0264
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RESOLUTION NO.
BERNARDINO AUTHORIZING
COUNTY OF SAN BERNARDINO
OF MINORS IN THE JUVENILE
RESOLUTION OF THE CITY OF SAN
THE EXECUTION OF A CONTRACT WITH THE
RELATING TO THE CITY'S UTILIZATION
WORK PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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 minors in the Juvenile Work
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 the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on
the day of
, 1990, by the following
17 vote, to wit:
18 COUNCIL MEMBERS
19 ESTRADA
20 REILLY
21 FLORES
22 MAUDSLEY
23 MINOR
24 POPE- LUDLAM
25 MILLER
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28 10/10/90
AYES NAYS ABSTAIN
City Clerk
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE
WORK PROGRAM.
The foregoing resolution is hereby approved this
day of
, 1990.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By: k 1 ~---
(J
10/10/90
(RESO:JUVENILEPR)
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FOR COUN
SE ONLY
County Department
Contrect Numb.'
2iNA"~~ COUNTY OF SAN BERNARDINO
~
-":6 ~ STANDARD CONTRACT
111"'I,~f-
Probation
County o.p.rtm~t Contract AltPf...ntative
Contractor', Llcen.. Numbtlr:
Claude Potts
Budgat Unit No. Sub.Qbject No.
387-
5684
Job No.
Amount of Contract
Project Name:
Juvenile Work ProRram
I contract has mo,.. than on. payment or receipt,
complete the following:
Pay menu E.tlmate:
Approximate Amount each:
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter
called the County, and
N.....
City of San Bernardino
Add'..
300 North "D" Street
San Bernardino. r.A Q?41R
Phon. Birth Date
hereafter called
Contractor
Feder.' 10 No. or Social SecuritY No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use rpBCe below and additional bond sheers. 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, orher terms and
conditions, and attach plans, rpecifications, and addenda, if any.!
A G R E E MEN T
o JUVENILE WORK PROGRAM
THIS AGREEMENT, made and entered into this 1st day of October
CITY OF SAN BERNARDINO hereinafter referred to as CONTRACTOR
1990, by and between the
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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02-12311-000 Rev. 11/80
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O 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 cleanup.
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
COUNTY and 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
~RACTOR shall not be called upon to assume any liability for the direct payment of any
~aries, 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.
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 ot 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 (1) COUNTY'S breach of any term or provision of this
AGREEMENT; or (2) any negligent or willful act or omission of COUNTY, it 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 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 (1) CONTRACTOR'S breach of any terms or provision of this Agreement; or (2) any
negligent or willful act or omission of CONTRACTOR, it employees or subcontractors in the
performance of this Agreement.
VII
~ Both parties agree all equipment purchased or contributed to the JWP project shall remain
~e property of the contributing agency, unless otherwise mutually agreed to in writing.
Page 2 of 3
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VIII
O In the event of cancellation of this Agreement, CONTRACTOR and COUNTY shall not be liable
expenses incurred under this Agreement after the date of termination.
IX
The term of this contract shall be from October 1, 1990 to October 1" 1991.
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 n~ 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 I(A) 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.
XII
Notices and correspondence related to the performance shall be sent by first-class mail
or hand delivered to the following addresses:
Countv
Contractor
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Claude Potts, Deputy Chief Probation Officer
Administrative Services
San Bernardino County Probation Department
175 W. Fifth Street
San Bernardino, CA 92415-0460
Annie Ramos, Director
Parks and Recreation and
Community Service
City of San Bernardino
547 N. Sierra Way
San Bernardino, CA 92401
XIII
CONTRACTOR agrees to comply with the terms and conditions of County Affirmative Action
Compliance Guidelines (Attachment 1).
has caused this Agreement to be properly executed by an
has caused this Agreement to be executed by the Chief
inute order of the Board of Supervisors.
(Sr.", ifcorpO,..tion, company. ere.1
Dated
10 1:>0. / '-\~
By.
(Aurhoriud Si"..tute/
Dated
Title
Address
a to L...I Form
A.vlewed .. to Affltmlltlve Action
Reviewed for Proce..ln,
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County Counsel
Agency Admlnistr.tor/CAD
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