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CITOOF SAN BERNARDIO - REQU&.JT FOR COUNCIL ACOoN
From: RAYMOND D. SCHWEITZER
City Administrator
Subject: Juvenile Offender Work Program
"All Team
Dept:
Date: July 14, 1987
Synopsis of Previous Council action:
At the meeting of the Mayor and Common Council held August 19, 1986,
Resolution #86-335 was adopted 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.
Recomment:led motion:
Adopt resolution.
Contact person:
Ray Schweitzer
Phone:
5122
Supporting data attached: yes
Ward:
FUNDING REQUIREMENTS:
Amount: $15,600
Source: Park, Rec. & Cmty fiveR.
. ~ntractual~
FInance: ~
Ur r-
Council Notes:
75.0262
Agenda Item NO~~
'CIT~ OF SAN BERNARDI~ - REQU.9T FOR COUNCIL ACWON
STAFF REPORT
city participation in the San Bernardino County Probation
Department "A" Team Juvenile Weekend work program began on
October 6, 1984. In this program, the County Probation
Department provides the workers, tools, equipment, transport-
ation and supervision. The City provides the work site,
portable toilets when necessary and disposal of debris and
trash generated by the work.
During the past year, the City paid $300 per day for 10 or
more workers with a prorated reduction for less than 10
workers based on 10% for each crew member less than 10. There
has been an average of 8 workers each day. The program has
provided for weed abatement, hedge trimming, painting and
other labor intensive work. It has proven to be cost effect-
ive as it allowed for approximately 2,000 manhours of regular
Park employee time to be used on the more technical and
skilled work. The City spent a total of $10,020 for "A" Team
work in the past year for 45 work days and a total of 339
workers.
The contract for 87-88 will cost $300 per day for 10 or more
workers. To utilize "A" Team workers for 26 weekends (52
work days), the total cost in 87/88 will be $15,600.
7/14/87
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I 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 Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 a contract with the County of San Bernardino relating to the
9 City's utilization of minors in the Juvenile Work Program, a copy
10 of which is attached hereto, marked Exhibit nAn and incorporated
II herein by reference as though fully 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
, 1987, by the
16 following vote, to wit:
17 AYES:
18
19 NAYS:
20 ABSENT:
21
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City Clerk
7/6/87
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2 of
The foregoing resolution is hereby approved this
day
, 1987.
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Mayor of the City of San Bernardino
Approved as to form
6 and legal content:
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8 City Attorney
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7/6/87
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QR COUNTY USE ONL Y
:>
C')Ufl~V Oepartrnenr
Cun~rilct "-.l'l"'Je'
Proba~~_~~____~___..
Counrv Department Contract Represen~ative
COntractor's L,cense i\:""ber
'~ COUNTY OF SAN BERNARDINO
~ STANDARD CONTRACT
P. Jose h Lenz
Budget Unit fIoIa. Sub-Object No.
Joo ~o.
A~,ounT 'Jf Contra':!
Project Name:
f contract has more t"'an one payment or receiPt,
:omplete the 'ollowing
I Payments Estim:ue: _._
i Approx;lT,ate Amount E3-:h
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino. hereafter
called the County. and
~'J'J"H;!
_Ci~L"fSan Be,nard.in,,_.__
,\diireS5
300 North "n" Street
--.------ -- .---.-- .-- ..-.- ----',"-'---
hereafter called ~.i;Q,n,n_a_ctQL__.___
_~a~ __~~_~~~_~~,!~9!__G~_
Phone
714-384-5122
92i;Hl
Girth D<lte
F..deral 1t):\,0 ur S<)<;,a' St:<:u"'y No
IT IS HEREBY AGR'EED 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 MEN T
JUVENILE WORK PROGRAM
THIS AGREEMENT, made and entered into this 6th day of July, 1987 by and between the
City of San Bernardino hereinafter referred to as CONTRACTOR,
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:
02-12311-000 Rev. 11/80
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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 Workers' Compensation.
The minors will perform work consisting primarily of an unskilled variety,
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.
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, (it) any negligent or willful act or omission of CONTRACTOR, its
employees or subcontractors in the performance of this Agreement.
VII
Both parties agree that all equipment purchased or contributed to the JWP project
shall remain the property of the contributing agency, unless otherwise mutually agreed to in
writing.
Page 2 of 3
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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 July 6, 1987 to June 30, 1988.
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
per day per work crew upon presentation to CONTRACTOR of a certified claim, said
be paid within thirty (30) days after presentation; provided, however, that when
size as defined in paragraph IA falls below ten probationers, the per-diem rate of
work crew shall be reduced pro-rata on the basis of a ten percent reduction in the
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 Department
175 West Fifth Street
San Bernardino, California 92415
of $300
claim to
the crew
$300 per
per-diem
Contractor
Raymond D. Schweitzer
City Administrator
City of San Bernardino
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 Agreement to be executed by the
Chief Probation Officer, as authorized by minute order of the Board of Supervisors.
COJi\lTY {)F 3AN BERNARDINO
.
ISfdttl ~ ,:'yoo',;r.on_ .';::J/J'o.;ny ::L'.
JERRY CI, HILL, Clnef County Probation Officer
By ·
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