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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 /) - ~ 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 01' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 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 7 8 9 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 o o o o 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 . - o o o o 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 o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 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 o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 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 o 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 lL ~ o o o 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 - - - - 0 0 0 0 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. - - - ~ o o o o 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 o 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. o o o o (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 hA~ ~~ ~~ , m ... J1 .() o o o (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 - - o 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. ~ - o hA~ ~~ ~~ , 1Il J- o . o o o (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 o value ',oJect Harne: Sheriff's WOrk Release Proqraa I contrKt . more en OM ....ment or reca t, coms>>tMe the fOUowlnl: '..,menulttlm..: 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 -- ~ .,. D~ (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 "__ot_ 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. o hA~ ~ ~ . ~ ~~ , o o o ;) (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 ~ l By: . ~ "7 ./~ (j COUNTY OF SAN BERNARDINO (Steffe If corporation, company, etc.) .. Chairman, Board of Supervisors By" (Authorized Signature) Dated Dated ATTESTED: Title .. 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 .. .. Agency Admlnistrator/CAO Date G -:J. 9-f,9 Data Oate -,