HomeMy WebLinkAbout23-Parks and Recreation
CIl OF SAN BERNARDI. 0 - REQUE T FOR COUNCIL AC., ON
Dept:
Parks, Recreation and Community
R~e~c;JADiliillL~fi:l!N APPROVING THE EXECUTION OF A
. ttl~IR~tt'WITH THE COUNTY OF SAN BERNAR-
ServicT.mB AUG lagI~ ~~ING TO THE CITY'S UTILIZATION
O~MI~ORS IN THE JUVENILE WORK PROGRAM.
From:
Annie F. Ramos, Director
Date: August 18, 1988
Synopsis of Previous Council action:
9/17/84 -- Resolution 84-378 authorized contract with County for City's
utilization of minors in the Juvenile Work Program. The Council has
approved subsequent agreements for the years, 1985, 1986 and 1987.
Recommended motion: Adc~t the Resolution.
tZ- ] .~
<-t. A..,./
Signature
Contact parson:
Annie F, Ramos
Phone:
5030
Supporting data euached: Staff Report & Reso 1 ut i on/Contract Ward:
Citv Wide
FUNDING REQUIREMENTS:
Amount:
$15,600
Source: (ACCT. NO.)
001-382-53150
(ACCT. DESCRIPTION) Professional and Contractual. Services
Flnanca: C~~ J) /
Council Notes:
7S.D262
Ammrl;i Itpm "In ~_ '3
CI' . OF SAN BERNARDI..4) - REQUE r FOR COUNCIL ACl IN
RESOLUTION APPROVING THE EXECUTION OF A
CONTRACT WITH THE COUNTY OF SAN BERNAR- STAFF REPORT
DINO 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
three (3) years for the util ization of Work Teams, known as the "A" Team, which
are minors in the Juvenile Work Program. The "A" Team is util ized every other
week-end to complete work throughout the City such as weed abatement and clean-
up 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 abate-
ment 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 man hours 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 $15,600
per year, it is evident that this is a cost effective program as well as one
which provides an environment for positive contribution by youth offenders, and
it provides the manpower to accomplish work that would be low priority if it
had to be completed in the normal scheme of everyday work scheduling.
It is recommendeu that the Resolution be adopted.
NOTE: Both Risk Manager and City Attorney have reviewed the agreement
and concur.
August 18, 1988
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 RELATING TO THE CITY'S UTILIZATION
3 OF MINORS IN THE JUVENILE WORK PROGRAM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF S^N
BERNARDINO AS FOLLOllS:
5
SECTION 1. The flayor of the City of San Bernardino is hereby authorized
6
and directed to execute on behalf of said City a contract with the County of
7
San Bernardino relating to the City's utilization of minors in the Juvenile
8
9
l~ork Program, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as tnough set forth at length.
10
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
11
Mayor and Common Council of the City of San Bernardino at a
12
meeting thereof, held on the
_ day of
, 1988, by the
13
following vote, to wit:
14
AYES: Counci 1 t'lembers
15
16
NAYS:
ABSENT:
17
18
J9
20
City Clerk
day of
21
The foregoing resolution is hereby approved this
22
, 1988.
23
Evlyn Wilcox, Mayor
City of San Bernardino
24
25
Approved as to form and legal content:
26
27
,
i ,1,
, .",;/C..
\.r//: '),'l,. ~ ; (/ 7'--..."
-Ci"ty Attofney'
28
r 'COUNTY USE ONLY
County Oep.rtment Contract Number
Probation
County aepartment Contract Aepr.sentative
Contractor's Llcen.. Number:
,~~,I'/I~/ COUNTY OF SAN BERNARDINO
....~t~
..., -
-~ ~ STANDARD CONTRACT
.....~ ~
/?I'JIII~'f'
P. Jose
Budget UnIt No.
Job No.
Amount of Contract
Project Name:
Juvenile Work Program
If contract h.. more than on8 payment or receipt,
complete the following:
Payments Estimate:
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
Nama
City of San Bernardino
Add,...
300 North "D" Street
hereafter called
Contractor
San Bernardino, CA
Phone
714-384-5122
92418
Birth Date
FederellD No. or Social Security No.
IT IS HEREBY AGREED AS FOllOWS:
(Use space below and additional bond sheers. Set forth service to be rendered, amount to be paid, manner of payment, time
for performance or completion, detennination 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 5th day of August, 1988 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 "JWPII, 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:
1 3
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 tLe 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, (ii) 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
VIII
In the event of cancellation of this Agreement, CONTRACTOR and COUNTY shall not be
liable for expenses incurred under this A~reement after the date of termination.
IX
The term of this contract shall be from August 5, 1988 to June 30, 1989.
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
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).
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.
Approved as to form
and legal content:
~N '5""J}':p ~
Dated rtT L\.. tq~a
of San Bernardino
(State if corporation, company, etc.)
By~
(Authorized Signature)
Dated
Title
Address
Approved as to Legal Form
Reviewed as to AffIrmative Action
Ae...iewed for Processing
~
~
~
County Counsel
Agency Administrator/CAD
Date
Date
Date
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