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HomeMy WebLinkAboutC-2286 - Clean up Litter Control Program, Emergency Management agreement (Juvenile Court). r CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR n/ FROM: CITY CLERK DATE: July 2, 1991 SUBJECT: Contract No. C- 2286(Amended) Description of Contract Agreement for Juvenile Court Work Program Effective date of Contract Julv 1, 1991 Authorized by Minute Action, approved on June 24, 1991 Contract with Juvenile Court Work Program Address Orange County Probation Department P.O. Box 10260 Santa Ana, CA 9271 Amount of Contract (See Agreement) " 6& - Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach T0: AN 2 Q 1991 Mayor and City Council FROM: General Services Department 0 City Council Agenda Item No. -1 June 24, 1991 SUBJECT: CONTINUED CITY USE OF ORANGE COUNTY JUVENILE COURT WORK PROGRAM DISCUSSION In May 1987, the Council approved the recommendation of this Department to utilize subject program via an executed contract with the County. A new contract is necessary at this time because the daily rate has been increased by the County. The new contract contains the details of the program which briefly summarized are: a) The County will provide 10 to 12 juvenile probationers with a supervisor to work on the grounds of the City at a cost of $325 per day (present contract - $275 /day). b) The supervisor will transport the work crew and their own tools to a site selected by the City in a County van. c) Work will be completed on weekends year around or weekdays (June 22 to September 1), mutually agreed to by the County and the City. d) The use of this program will not expose the City to any liability or outside expense beyond the $325 per day fee. e) The contract is effective for a one year period but may be automatically extended at the discretion of the City. The City Attorney has reviewed the contract and approves it as to form. There are numerous advantages to the City in the continued use of this program. One, the low cost of the labor of the County crew cannot _ begin to be duplicated by utilizing regular or parttime City workers. Two, the opportunity to resolve various eyesores throughout the City without depending on volunteer citizen assistance is clearly advantageous. Three, the ability to have available an additional, low cost work crew to supplement City employee's efforts increases the City maintenance flexibility. At present, the cities of Anaheim, Costa Mesa, Fullerton, La Habra, Westminster, Brea and several school districts utilize this program. Recommendation 1. Approval of the new contract. Very respectfully, David E. Niederhaus DEN /an Attachment (:v) 0 11 1 2 3 4 I 1 AGREEMENT JUVENILE COURT WORK PROGRAM THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and City of Newport Beach, hereinafter referred to as CITY. WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Court Work Program, hereinafter referred to as "JCWP "; and WHEREAS, COUNTY requires written contracts with the organizations utilizing JCWP services; NOW, THEREFORE, in consideration of the terms, covenants, conditions and promises to be kept, performed and observed by the parties hereto, it is agreed as follows; I The COUNTY will provide: A. Supervised work crew, an average of ten (10) to twelve (12) juvenile probationers (hereinafter referred to as minors), as required to work on the grounds of CITY. B. The minors shall be covered by the COUNTY - purchased Worker's Compensation Insurance. C. The minors will perform work consisting primarily of an unskilled variety; e.g., weed eradication and grounds cleanup. D. The minors shall attend an eight -hour day and have a one-half - hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekends or on days mutually agreed to by both the COUNTY and CITY. E. The COUNTY will be responsible for transportation to and from 1 2 3 4 K the work site. • . II Page 2 COUNTY and CITY agree that minors will not be assigned to work in or under unsafe environments or operate mechanical devices. III The COUNTY agrees to employ staff who will, under the direction of the JCWP Administrator, supervise work crew members. IV The COUNTY agrees that it will be solely responsible for providing ito the minors all legally required employee benefits and that CITY 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 CITY, its officers, agents, and employees assume no liability for the negligence of minors on the program. VI Indemnification. COUNTY agrees to indemnify, save harmless and (defend CITY 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 pay out 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 0 d 1 Page 3 1 of this Agreement. 2 CITY agrees to indemnify, save harmless and defend COUNTY from and 3 against any and all liabilities, claims, penalties, forfeitures, suits, 4 and the costs and expenses incident thereto (including costs of defense, 5 settlement, and reasonable attorneys' fees), which it may hereafter 6 incur, become responsible for or pay out as a result of death or bodily 7 injuries to any person, destruction or damage to any property, 8 contamination of or adverse effects on the environment or any violation 9 of governmental laws, regulations or orders, caused, in whole or in 10 part, by (i) CITY breach of any terms or provision of this Agreement; or 11 (ii) any negligent or willful act or omission of CITY, its employees or 12 subcontractors in the performance of this Agreement; or, (iii) the 13 delivery to COUNTY from CITY of wastes which do not conform. 14 VII 15 Both parties agree that all equipment purchased or contributed to 16 the JCWP project shall remain the property of the contributing agency. 17 VIII 18 In the event of cancellation of this Agreement, CITY and COUNTY 19 shall not be liable for expenses incurred under this Agreement after the 20 date of termination. 21 IX 22 The contract will automatically be extended in one -year increments 23 effective July 1, 1991 unless either party serves written notice on the 24 other party at least sixty (60) days prior to such expiration date of 25 its intent to terminate or to amend the terms herein. Any amendment 26 shall be in writing and approved by the parties hereto. However, either 27 party may terminate this Agreement for cause upon 9 p giving fourteen (14) 28 days' written notice to the other party. Page 4 i 1 X 2 CITY agrees that there will be no publicity concerning this program 3 without the express written permission of the COUNTY. The names of the 1 4 minors involved in this program will remain confidential. 5 XI 6 In consideration of the above, CITY agrees to reimburse the COUNTY 7 the sum of $325 per day per work crew for a crew size of 10 or more 8 minors with a deduction of 10 percent for each unfilled crew slot under 9 10, upon presentation to CITY of a certified claim, said claim to be 10 paid within thirty (30) days after presentation. 11 XII 12 Notices and correspondence related to the performance shall be sent 13 by first -class mail or hand delivered to the following addresses: 14 COUNTY PUBLIC AGENCY 15 Sue Cullen, Administrator Juvenile Court Work Program 16 Orange County Probation Department 301 The City Drive 17 Orange, CA 92668 P.O. Box 10260 18 Santa Ana, CA 92711 19 !!/ 20 21 /J! 22 23 !/! 24 25 26 !!/ 27 28 /// 1 3 4 51 67 8 9', 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 Page 5 IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chief Probation Officer or his designated representatives and has caused this Agreement to be executed by Cit of Newport Beach (public agency representative on the dates set forth opposite their respective signatures, all as authorized by resolution or minute order of their respective governing body. Dated: .S d/ f Dated: —cz -9/ S. Cullen:br Rev. 5/15/91 Disc JCWP COUNTY OF ORANGE, a body politic an corpor e By M CHAEL A. SCHUMACHER, Ph.D. C ief Probation Officer City of Ne ort Beach public agency MAyor II -dity Clerk /� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: July 12, 1990 SUBJECT: Contract No. C -2286 (Amended) Description of Contract Agreement for Juvenile Court Work Effective date of Contract July 1, 1990 Authorized by Minute Action, approved on July 9. 1990 Contract with Juvenile Court Work Program Address Orange County Probation Department P.O. Box 10260 . Santa Ana, CA 92711 Amount of Contract (See Agreement) " ale Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach V JUL 9 M July 9, 1990 City Counc 1 Agenda l n�yp��7�;T Item No.7_3 P RO 'Y 1T TO: MAYOR AND CITY COUNCIL FROM: General Services Department / SUBJECT: CONTINUED CITY USE OF ORANGE COUNTY JUVENILE COURT WORK PROGRAM In May 1987 the Council approved the recommendation of this Department to utilize subject program via an executed contract with the County. A new contract is necessary at this time because the daily rate has been increased by the County. The new contract contains the details of the program which briefly summarized are: a) The County will provide 10 to 12 juvenile probationers with a supervisor to work on the grounds of the City at a cost of $275 per day (present contract - $250 /day). b) The supervisor will transport the work crew and their own tools to a site selected by the City in a County van. c) Work will be completed on weekends year around or weekdays (June 22 to September 1), mutually agreed to by the County and the City. d) The use of this program will not expose the City to any liability or outside expense beyond the $275 per day fee. e) The contract is effective for a one year period but may be automatically extended at the discretion of the City. The City Attorney has reviewed the contract and approves it as to form. There are numerous advantages to the City in the continued use of this program. One, the low cost of the labor of the County crew cannot begin to be duplicated by utilizing regular or parttime City workers. Two, the opportunity to resolve various eyesores throughout the City without depending on volunteer citizen assistance is clearly advantageous. Three, the ability to have available an additional, low cost work crew to supplement City employee's efforts increases the City maintenance flexibility. At present, the cities of Anaheim, Costa Mesa, Fullerton, La Habra, Westminster, Brea and several school districts utilize this program. Recommendation: Approval of the new contract. Very respectfully, David E. Niederhaus DEN /an Attachment AGREEMENT JUVENILE COURT WORK PROGRAM THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and City of Newport Beach, hereinafter referred to as CITY. WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Court Work Program, hereinafter referred to as "JCWP "; and WHEREAS, COUNTY requires written contracts with the organizations utilizing JCWP services; NOW, THEREFORE, in consideration of the terms, covenants, conditions and promises to be kept, performed and observed by the parties hereto, it is agreed as follows: 01 The COUNTY will provide: A. Supervised work crew, an average of ten (10) to twelve (12) juvenile probationers (hereinafter referred to as minors), as required to work on the grounds of CITY. B. The minors shall be covered by the COUNTY - purchased Worker's Compensation Insurance. C. The minors will perform work consisting primarily of an unskilled variety; e.g., weed eradication and grounds cleanup. D. The minors shall attend an eight -hour day and have a one -half- hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekends or on days mutually agreed to by both the COUNTY and CITY. E. The COUNTY will be responsible for transportation to and from Ithe work site. II Page 2 COUNTY and CITY agree that minors will not be assigned to work in or under unsafe environments or operate mechanical devices. III The COUNTY agrees to employ staff who will, under the direction of the JCWP Administrator, supervise work crew members. IV The COUNTY agrees that it will be solely responsible for providing to the minors all legally required employee benefits and that CITY 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 CITY, its officers, agents, and employees assume no liability for the negligence of minors on the program. VI Indemnification. COUNTY agrees to indemnify, save harmless and defend CITY 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 pay out 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 Page 3 1 of this Agreement. 2 CITY agrees to indemnify, save harmless and defend COUNTY from and 3 against any and all liabilities, claims, penalties, forfeitures, suits, 4 and the costs and expenses incident thereto (including costs of defense, 5 settlement, and reasonable attorneys' fees), which it may hereafter 6 incur, become responsible for or pay out as a result of death or bodily 7 injuries to any person, destruction or damage to any property, 8 contamination of or adverse effects on the environment or any violation 9 of governmental laws, regulations or orders, caused, in whole or in 10 part, by (i) CITY breach of any terms or provision of this Agreement; or 11 (ii) any negligent or willful act or omission of CITY, its employees or 12 subcontractors in the performance of this Agreement; or, (iii) the 13 delivery to COUNTY from CITY of wastes which do not conform. 14 VII 15 Both parties agree that all equipment purchased or contributed to 16 the JCWP project shall remain the property of the contributing agency. 17 VIII 18 In the event of cancellation of this Agreement, CITY and COUNTY 19 shall not be liable for expenses incurred under this Agreement after the 20 date of termination. 21 Ix 22 The contract will automatically be extended in one -year increments 23 effective July 1, unless either party serves written notice on the other 24 party at least sixty (60) days prior to such expiration date of its 25 intent to terminate or to amend the terms herein. Any amendment shall 26 be in writing and approved by the parties hereto. However, either party 27 may terminate this Agreement for cause upon giving fourteen (14) days' 28 written notice to the other party. C 0 Page 4 1 X 2 CITY agrees that there will be no publicity concerning this program 3 without the express written permission of the COUNTY. The names of the 4 minors involved in this program will remain confidential. 5 XI 6 In consideration of the above, CITY agrees to reimburse the COUNTY 7 the sum of $275 per day per work crew for a crew size of 10 or more 8 minors with a deduction of 10 percent for each unfilled crew slot under 9 10, upon presentation to CITY of a certified claim, said claim to be 10 paid within thirty (30) days after presentation. 11 XII 12 Notices and correspondence related to the performance shall be sent 13 by first -class mail or hand delivered to the following addresses: 14 COUNTY PUBLIC AGENCY 15 Sue Cullen, Administrator David Niederhaus, Director Juvenile Court Work Program General Services Department 16 Orange County Probation Department City of Newport Beach 301 The City Drive 3300 Newport Blvd. 17 Orange, CA 92668 P.O. Box 1768 P.O. Box 10260 Newport Beach, CA 92659 -1768 18 Santa Ana, CA 92711 19 20 21 22 23 24 25 26 27 28 /// 1 2 3 4 5i 61 7I 81 9 10 11 12i 13! 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 n u Page 5 IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chief Probation Officer or his designated representatives and has caused this Agreement to be executed by City of Newport Beach (public agency representative) on the dates set forth opposite their respective signatures, all as authorized by resolution or minute order of their respective governing body. Dated: Dated: �%�� — %O S. Cullen :br Rev. 5/1/90 APPROVED AS TO FORM: Ooak- City Attorney Date: /0' I (! d COUNTY OF ORANGE, a body politic a orpp rate 4L� By �nmLn r. rn.u. ief Probation Officer City of Newport Beach (public agency) By a" � � r 5�•� ATTEST: j e� City Clerk 0 ! CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 T0: FINANCE DIRECTOR FROM: CITY CLERK DATE: May 18, 1989 SUBJECT: Contract No. C -2286 (Amended) Description of Contract Agreement for Juvenile Court Work Program Effective date of Contract May 16, 1989 Authorized by Minute Action, approved on May 8. 1989 Contract with Orange County Probation Dept. Address Santa Ana, CA 92711 Amount of Contract (See Agreement) ef ' Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • �Y Y'7 ATY iAUNCIL CITY )) :iDWORT 3FACI` MAY 8 1989 A y -- P U1, - TO: MAYOR AND CITY COUNCIL FROM: General Services Department May 8, 1989 City Council Agenda Item No. SUBJECT: CONTINUED CITY USE OF ORANGE COUNTY JUVENILE COURT WORK PROGRAM In May 1987 the Council approved the recommendation of this Department to utilize subject program via an executed contract with the County. A new contract is necessary at this time because the daily rate has been increased by the County. The new contract contains the details of the program which briefly summarized are: a) The County will provide 10 to 12 juvenile probationers with a supervisor to work on the grounds of the City at a cost of $250 per day (present contract - $200 /day). b) The supervisor will transport the work crew and their own tools to a site selected by the City in a County van. c) Work will be completed on weekends year around or weekdays (June 22 to September 1), mutually agreed to by the County and the City. d) The use of this program will not expose the City to any liability or outside expense beyond the $250 per day fee. e) The contract is effective for a one year period but may be automatically extended at the discretion of the City. The City Attorney has reviewed the contract and approves it as to form. There are numerous advantages to the City in the continued use of this program. One, the low cost of the labor of the County crew cannot begin to be duplicated by utilizing regular or parttime City workers. Two, the opportunity to resolve various eyesores throughout the City without depending on volunteer citizen assistance is clearly advantageous. Three, the ability to have available an additional, low cost work crew to supplement City employee's efforts increases the City maintenance flexibility. At Present, the cities of Anaheim, Santa Ana, Costa Mesa, Fullerton, La Habra, La Palma, Westminster and Yorba Linda utilize this program. Recommendation: Approval of the new contract. Very respectfully, David E. Niederhaus DEN /es )X/ 0 9 AGREEMENT JUVENILE COURT WORK PROGRAM THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and City of Newport Beach, hereinafter referred to as CITY. WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Court Work Program, hereinafter referred to as "JCWP "; and WHEREAS, COUNTY requires written contracts with the organizations utilizing JCWP services; NOW, THEREFORE, in consideration of the terms, covenants, conditions and promises to be kept, performed and observed by the parties hereto, it is agreed as follows: I The COUNTY will provide: A. Supervised work crew, an average of ten (10) to twelve (12) juvenile probationers (hereinafter referred to as minors), as required to work on the grounds of CITY. B. The minors shall be covered by the COUNTY - purchased Worker's Compensation Insurance. C. The minors will perform work consisting primarily of an unskilled variety; e.g., weed eradication and grounds cleanup. D. The minors shall attend an eight -hour day and have a one -half- hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekends or on days mutually agreed to by both the COUNTY and CITY. E. The COUNTY will be responsible for transportation to and from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 the work site. II 0 Page 2 COUNTY and CITY agree that minors will not be assigned to work in or under unsafe environments or operate mechanical devices. tool The COUNTY agrees to employ staff who will, under the direction of the JCWP Administrator, supervise work crew members. IV The COUNTY agrees that it will be solely responsible for providing to the minors all legally required employee benefits and that CITY 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. IN CITY, its officers, agents, and employees assume no liability for the negligence of minors on the program. VI Indemnification. COUNTY agrees to indemnify, save harmless and defend CITY 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 pay out 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Page 3 of this Agreement. CITY 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 pay out 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) CITY breach of any terms or provision of this Agreement; or (ii) any negligent or willful act or omission of CITY, its employees or subcontractors in the performance of this Agreement; or, (iii) the delivery to COUNTY from CITY of wastes which do not conform. VII Both parties agree that all equipment purchased or contributed to the JCWP project shall remain the property of the contributing agency. VIII In the event of cancellation of this Agreement, CITY and COUNTY shall not be liable for expenses incurred under this Agreement after the date of termination. IX The contract will automatically be extended in one -year increments effective July 1, unless either party serves written notice on the other party at least sixty (60) days prior to such expiration date of its intent to terminate or to amend the terms herein. Any amendment shall be in writing and approved by the parties hereto. However, either party may terminate this Agreement for cause upon giving fourteen (14) days' written notice to the other party. �I Page 4 9 CITY 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, CITY agrees to reimburse the COUNTY the sum of $250 per day per work crew for a crew size of 10 or more minors with a deduction of 10 percent for each unfilled crew slot under 10, upon presentation to CITY of a certified claim, said claim to be paid within thirty (30) days after presentation. XII Notices and correspondence related to the performance shall be sent by first -class mail or hand delivered to the following addresses: COUNTY PUBLIC AGENCY Sue Cullen, Administrator David E. Niederhaus, Director Juvenile Court Work Program General Services Department Orange County Probation Department City of Newport Beach 301 The City Drive 3300 Newport Blvd Orange, CA 92668 P. 0. Box 1768 P.O. Box 10260 Newport Beach, CA 92658 -8915 Santa Ana, CA 92711 Page 5 IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chief Probation Officer or his designated representatives and has caused this Agreement to be executed by City of Newport Beach (public agency representative) on the dates set forth opposite their respective signatures, all as authorized by resolution or minute order of their respective governing body. Dated:: ` COU Y OF ORANGE, a body politic d c rporate Dated: S. Cullen:br Rev. 4/14/89 Disc JCWP CHAEL A. SCHUMACHER, Ph.D. ief Probation Officer City of Newport Beach �� gencY) By Mayor ATTEST: ty Clerk CITY OF NEWPORT B ?ACH 0 r OFFICE OF THE CITY CLERK U S P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 c P (714) 644 -3005 3 'd 44 1 TO: PINANCE DIRECTOR FROM: CITY CLERK DATE: May 29, 1987 SUBJECT: Contract No. C -2286 (Amended) Description of Contract Program Agreement for Juvenile Court Work Effective date of Contract May 28, 1987 Authorized by Minute Action, approved on May 26, 1987 Contract with Orange County Probation Dept. Address P.O. Box 10260 Santa Ana, CA 92711 Amount of Contract (See Agreement) " x� (�& - Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach T TO: MAYOR AND CITY COUNCIL FROM: General Services Department VIA: City Manager 0 May 26, 1987 CITY COUNCIL AGENDA ITEM NO. Y- je.o_) C -z3,Z MAY26 1987 SUBJECT: CITY USE OF ORANGE COUNTY JUVENILE COURT WORK PROGRAM APPROVE Orange County representatives presented subject program to the Environmental Quality Affairs Committee on May 4, 1987. I asked for further information from those representatives and received the attached letter and contract. The contract contains the details of the program which briefly summarized are: a) The County will provide 10 to 12 juvenile probationers with a supervisor to work on the grounds of the City at a cost of $200 per day. b) The supervisor will transport the work crew and their own tools to a site selected by the City in a County van. c) Work will be completed on weekends or weekdays (June 22 to Sept. 1), mutually agreed to by the County and the City. d) The use of this program will not expose the City to any liability or outside expense beyond the $200 per day fee. e) The contract is effective for a one year period but may be automatically ex- tended at the discretion of the City. The City Attorney has reviewed the contract and approves it as to form as noted by his stamp on the last page of the contract. There are numerous advantages to the City in this proposal. One, the low cost of the labor of the County crew cannot begin to be duplicated by utilizing reg- ular or parttime City workers. Two, the opportunity to resolve various eyesores throughout the City without depending on volunteer citizen assistance is clearly advantageous. Three, the ability to have available an additional, low cost work crew to supplement City employee's efforts increases the City maintenance flexi- bility. At present, the cities of Anaheim, Santa Ana, Costa Mesa, Fullerton, La Habra, LaPalma, Westminster and Yorba Linda utilize this program. A priority list of the City locations needing attention is being prepared. This input is being solicited from the Environmental Quality Affairs Committee, the Merchant's Associations, the Homeowner's Associations and the Parks and Recrea- tion Department. Directions from the City Council, the City Manager and sug- gestions from other City departments will ensure a complete history of eyesore areas. It is anticipated that 10 - 20 initial projects could be identified. The General Services Department would administer the program at a monthly cost of $1600. A trial period of one year would be sufficient. o,f) page 2 Members of the crew are not hardened criminals. They are teenagers who have been involved in minor violations of the law, are not incarcerated, and are making retribution to society through their labor. Mrs. Sue Webb, the Orange County Administrator of this program will accompany me to the Council meeting of May 26, 1987, to answer any questions. Only one other program of this type exists - that of the Orange County Summer Youth Program for disadvantaged youths. I have applied for this program in- formation also, but County officials have stated that the competition among cities for the limited number of youth is keen. This particular program pro- vides work for individual youths, with the County paying the wages of each youth. This is hardly suited to large maintenance projects, and includes some liability to the City. In summary, I recommend that the contract be executed and the Orange County Juvenile Program become part of the City maintenance effort. The citizens, business owners and visitors would all benefit from approval. David E. Niederhaus DEN /ib v Y OF N G E PROBATION DEPARTMENT Mr. David Niederhaus General Services Director 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Dear Mr. Niederhaus: *ICHAEL A. SCHUMACHER, Ph.D. CHIEF PROBATION OFFICER TELEPHONE: (714) 634 -7511 301 THE CITY DRIVE ORANGE, CA MAILING ADDRESS: P. O. BOX 10260 SANTA ANA, CA 92711 May 6, 1987 Enclosed you will find a blank copy of the contract which would be used between your city and the Probation Department's Work Program. I believe all of your questions will be answered by the content of the contract; however, if you desire additional information, please feel free to call me at 634 -7321. SW:jf Sincerely yours, Sue Webb, Administrator Juvenile Court Work Program AGREEMENT JUVENILE COURT WORK PROGRAM THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and City of Newport Beach, hereinafter referred to as City. WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Court Work Program, hereinafter referred to as "JCWP "; and WHEREAS, COUNTY requires written contracts with the organizations utilizing JCWP services; NOW, THEREFORE, in consideration of the terms, covenants, conditions and promises to be kept, performed and observed by the parties hereto, it is agreed as follows: I The COUNTY will provide: A. Supervised work crew, an average of ten (10) to twelve (12) juvenile probationers (hereinafter referred to as minors), as required to work on the grounds of City. B. The minors shall be covered by the COUNTY - purchased Workman's Compensation Insurance. C. The minors will perform work consisting primarily of an unskilled variety; e.g., weed eradication and grounds cleanup. D. The minors shall attend an eight -hour day and have a one -half- hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekends or on days mutually agreed tc by both the COUNTY and City. -1- w, 1 2 3 4 0 0 E. The COUNTY will be responsible for transportation to and from the work site. II COUNTY and the City agree that minors will not be assigned to work or under unsafe environments or operate mechanical devices. III The COUNTY agrees to employ staff who will, under the direction of the JCWP Administrator, supervise work crew members. IV The COUNTY agrees that it will be solely responsible for providing t the minors all legally required employee benefits and that City 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 City, its officers, agents, and employees assume no liability for negligence of minors on the program. VI Indemnification. COUNTY agrees to indemnify, save harmless and defend City from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (includin costs of defense, settlement, and reasonable attorneys' fees), which it may herafter incur, become responsible for or pay out as a result of deat or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment or any violation o governmental laws, regulations or orders, caused, in whole or in part, by -2- 1 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 26' 27 I DI 0 0 (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. City 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 resonable attorneys' fees), which it may hereafter incur, become responsible for or pay out 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) City breach of any terms or provision of this Agreement; or (ii) any negligent or willfu act or omission of City, its employees or subcontractors in the performance of this Agreement; or, (iii) the delivery to COUNTY from City of wastes which do not conform. VII Both parties agree that all equipment purchased or contributed to JCWP project shall remain the property of the contributing agency. VIII In the event of cancellation of this Agreement, City 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 for a period of one year effective July 1, 1987, but it will be automatically extended in one -year increments unless either party serves written notice on the other party at -3- 11 21 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 i • l (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. City 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 pay out 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) City breach of any terms or provision of this Agreement; or (ii) any negligent or willfu act or omission of City, its employees or subcontractors in the performance of this Agreement; or, (iii) the delivery to COUNTY from City of wastes which do not conform. VII Both parties agree that all equipment purchased or contributed to JCWP project shall remain the property of the contributing agency. VIII ` In the event of cancellation of this Agreement, City and COUNTY shal not be liable for expenses incurred under this Agreement after the date o termination. Ix The term of this contract shall be for a period of fourteen months effective May 1, 1987, but it will be automatically extended in one -year increments unless either party serves written notice on the other party a -3- 1 2 3 4 5 6 7 r least sixty (60) days prior to such expiration date of its intent to terminate or to amend the terms herein. Any amendment shall be in writi and approved by the parties hereto. However, either party may terminate this Agreement for cause upon giving fourteen (14) days' written notice the other party. X City. 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, City agrees to reimburse the COUNTY the sum of $150 May 1, 1987 through June 30, 1987 and $200 per day thereafter per work crew for a crew size of 10 or more minors with a deduction of 10 percent for each unfilled crew slot under 10, upon presentation to City of a certified claim, said claim to be paid within thirty (30) days after presentation. XII Notices and correspondence related to the performance shall be sent by first -class mail or hand delivered to the following addresses: COUNTY PUBLIC AGENCY Sue Webb, Administrator Juvenile Court Work Program Orange County Probation Department 301 The City Drive Orange, CA 92668 P.O. Box 10260 Santa Ana, CA 92711 -4- 1 least sixty (60) days prior to such expiration date of its intent to 2 terminate or to amend the terms herein. Any amendment shall be in writin 3 and approved by the parties hereto. However, either party may terminate 4 this Agreement for cause upon giving fourteen (14) days' written notice t 5 the other party. 6 X 7 City agrees that there will be no publicity concerning this program 8 without the express written permission of the COUNTY. The names of the 9 minors involved in this program will remain confidential. 10 XI 11 In consideration of the above, City agrees to reimburse the COUNTY 12 the sum of $200 per day per work crew for a crew size of 10 or more minor 13 with a deduction of 10 percent for each unfilled crew slot under 10, upon 14 presentation to City of a certified claim, said claim to be paid within 15 thirty (30) days after presentation. 16 XII 17 Notices and correspondence related to the performance shall be sent 18 by first -class mail or hand delivered to the following addresses: 19 COUNTY PUBLIC AGENCY 20 Sue Webb, Administrator Juvenile Court Work Program 21 Orange County Probation Department 301 The City Drive 22 Orange, CA 92668 P.O. Box 10260 23 Santa Ana, CA 92711 24 25 26 27 28 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28' 9 IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chief Probation Officer or his designated representatives and City has caused this Agreement to be executed by City of Newport Beach pu lic agency representative on the dates set forth opposite their respective signatures, all as authorized by resolution or minute order of their respective governing body. Dated: r. -. i. - (IAD 003 Disc w /p) -5- COUNTY OF ORANGE, a body politic and corporate - c By tN/ MI HAEL A. SCHUMACHER, Ph.D. C ief Probation Officer City of Newport Beach public agency By City Manager ATTEST: 4�L" S. City Clerk CITY OF NEWPORT BEACH. DATE: July 7, 1982 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2286 OFFICE OF THE CITY CLERK (714) 640 -2251 Cs�cI -7r u 1�r�Lr� c o �' .i Description of Contract Agreement for Litter Cleanup by Juveniles Effective date of Contract 8/28/81 Amended 6/17/82 Authorized by Resolution No. Min.Act, adopted on 6/28/82 Contract with County of Orange, Probation Dept. Address P.O. Box 10260 Santa Ana, CA 92711 Amount of Contract $150.00 per day, per work crew Wanda E. Andersen City Clerk 0 WEA : 1 r City Mall • 3300 Newport Boulevard, Newport Beach, California 92663 TO: FROM: SUBJECT: Background CITY OF NEWPORT BEACH COUNCIL AGENDA OFFICE OF THE CITY MANAGER NO, F -3(f) June 28, 1982 MAYOR AND CITY COUNCIL City Manager JUN 2 8 1982 AMENDMENT TO THE JUVENILE COURT WORK PROGRAM CONTRACT By fhe CITY CITY OF NWAM KA4N On August 24, 1981 the City Council approved a Juvenile work Program contract with the County of Orange (Att. 1 with trans- mittal letter from City Clerk). This contract provides that on an "as needed" basis the County will provide juvenile pro- bationers to perform various unskilled tasks (e.g. litter pickup) within the corporate limits of Newport Beach. In exchange, the City agrees to reimburse the County by the sum of $150 per day, per work crew, upon presentation of a certi- fied claim. This latter payment represents the only City liability under the agreement. The County assumes all others relative to worker's compensation, insurance, transportation and supervision. Proposed Amendment In a letter and attachment, dated June 18, 1982 (Att. 2), the County proposes a minor revision to the contract. This amend- ment formally defines the billing "formula ", effective July 1, 1981. Basically, this redefinition provides for a pro rata reduction in the City's payment to the County in the event the size of available work crews falls below ten persons. Suggested Action This amendment would appear to be in the City's interest since. it provides for a more equitable payment formula. It is suggested that the City Council authorize execution of the subject amendment. a&,T' )- ROBERT L. WYNN City Manager RLW;GJBjmm attachments ' ATT. 1 ..: SEW pORT CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK c9<iFOaNP.` (714) 640 -2251 September 2, 1981 Mr. James Riley Juvenile Work Program Administrator P.O. Box 10260 Santa Ana, CA 92711 Dear Mr. Riley: SUBJECT: JUVENILE WORK PROGRAM CONTRACT The Newport Beach City Council on August 24, 1981 approved the enclosed Juvenile Work Program Contract. It is the City's understanding that no work will be performed under the contract except at the specific request of the City and with the concurrence of the County. Given this under- standing, the City's contact point for any such requests is Mr. Wade Beyeler, General Services Director (640 - 2171). Sincerely, WANDA E. ANDERSEN City Clerk WEA /GJB /jmb xc: General Services Director Litter Control Coordinator Enclosure City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • ATT. 1 1 AGREEMENT LITTER CLEANUP PROGRtV4 7 I� " n 3 ;i -TET -S AGREE!!.!F.' 2T , made and entered into by and between t e COUi�TY O: 4jO°.ANGE, a political subdivision of the State of California, hereinafter 5I':refcrred to as "COUNTY and Newport Beach , (public agency) 6;1 "nereinafter referred to as City I I -- 7 NHER'EAS, COUNTY, through the Probation Department,is authorized to ;I conduct the Litter Cleanup Program, also known as the Juvenile Court t•7ork VI?rogram, hereinafter referred to as "JCWP "; and U WIEREAS, COUNTY requires written contracts with the organizations 11 '1_l ii z..ng JCWP services; 12 I 13� i i 14 to 1"�� lb lg `LO �I 9•� -V 21 i 25 +, 26! �7 I NOW, THEREFORE, in consideration of the terms, covenants, conditions and promises to be kept, performed and observed by the parties hereto, it is agreed as follows: I The COUNTY will provide: A. Supervised work crew, an average of ten (10) to twelve (12) juvenile probationers (hereinafter referred to as minors), as required to work on the grounds of _ City (pu.)lic agency) B. The minors shall be covered by the COUNTY- purchased t•Iorkman's Compensation Insurance. 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 and have a one-half - hour supervised lunch break with lunch provided by the minors or the COUNTY. Work will be performed on weekends or on day mutually agreed to by both the COUNTY and City (public aq.^_nc_y) -.1- 1i; E. The minors or the COUNTY will be responsible for transaorta- 2I1 tion to and from the work site. 3! II 'i 4;y COUNTY and the City agree that minors will nor he '1 (public agency i!lassigned to work in or under unsafe environments or operate mechanical n b'ad2VIC-S. it 11 8!! The COUNTY agrees to-employ staff who will, under the direction of 9 jthe JCWP Administrator, supervise work crew members. 10 !! IV 11j; The COUNTY agrees that it will be solely responsible for providing I 12 Ito the minors all legally required employee benefits and that 13!1 City shall not be called upon to assume any liability 14;4for the direct payment of any salaries,, wages or other compensation to an"', 151!minors performing services hereunder or any liability other than proviced 16;1for in this agreement. The minors shall be covered by the COUNTY- purch_aSec I 17;,i,Workman's Compensation Insurance plan. i8 11 I V 1911 COUNTY, its officers, agents and employees shall not be deemed to 20'nave assumed any liability for the negligence of minors on the program or 211!any of its officers or employees and City shall hold (public agency 22,';COUNTY, its officers and employees harmless from any and all claims or 23�'damages resulting therefrom. 24 ' VI 03 1; COUNTY and City shall hold each harmless for ac-,:s if (public agency) 2611r omissions of the other. 21 2c -2- 1. VIZ 2; Both parties agree that all equipment purchased or contributed to 3 ;,the JCWP project shall remain the property of the contributing agency. 41 VIII i In the event of cancellation of this agreement, City (public agency)' 6);:and COUNTY shall not be liable for expenses incurred under this agreement �I 71after the date of termination. �i u Ix I 9 The tarm of this contract shall be for a period of one year, but it 'i 10 be automatically extended ir. one -year increments unless either party tl;lserves written notice on the other party at least sixty (60) days prior ii 12 �to such expiration date of its intent to terminate or to amend the terms 13iferein. Any amendment shall be in writing and approved by the parties 1 14 ';hereto. I_owever, either party may terminate this agreement for cause i5 i 1u � 1 1s 19 u -pon giving fourteen (14) days' written notice to the other party. X City agrees that there will be no publicity con- (public agency) cerning this program without the express written permission of the COUNTY. names of the minors involved in this program will renain confidential. 20 X 21, In consideration of the above, City agrees to (public agency 22 ;'reimburse the COUNTY the sum of $150.00 per day per work crew upon �I 23:cresentation. to City of a certified claim, said claim ii (public agency) 2 2.-''to be paid within thirty (30) days after presentation. 25 i 'o;: Notices and correspon „nce rt:!l;:ted to the performance shall be sonc. 27, by first-class -ail or ha:.,, de'_.:c•:,_ to the follceaing we�cir.esa_s. 3 6 7 �I 10 11ij IN WITNESS WHEREOF, COUNTY has caused this agreement to be executed 1 9;;by the Chief Probation Officer or his designated representatives and 13!i Newport Beach has caused this agreement to be executed by ;! (pudic agency) 1 ^,i on the dates set forth opposite their ruo_ic agency representative 15Ilresnective signatures, all as authorized by resolution or minute order of !Ctheir respective governing body. t 171. Dated: lE !I 19 20 2' 2'l Dated: Aug, 28, 1981 i 73 , •.1 2.5 ', I 260 27 i COUNTY OF ORANGE, a body Politic and corporate By Chief Probation. Officer, or designated representative City of Newport Beach (public agency) Ey Mayor 1 a COUNTY. PUBLIC hGE`:C. Mr. Wade Beyeler 3;I General Services Director CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640 -2171 J iI 6 7 �I 10 11ij IN WITNESS WHEREOF, COUNTY has caused this agreement to be executed 1 9;;by the Chief Probation Officer or his designated representatives and 13!i Newport Beach has caused this agreement to be executed by ;! (pudic agency) 1 ^,i on the dates set forth opposite their ruo_ic agency representative 15Ilresnective signatures, all as authorized by resolution or minute order of !Ctheir respective governing body. t 171. Dated: lE !I 19 20 2' 2'l Dated: Aug, 28, 1981 i 73 , •.1 2.5 ', I 260 27 i COUNTY OF ORANGE, a body Politic and corporate By Chief Probation. Officer, or designated representative City of Newport Beach (public agency) Ey Mayor Y OF N G E PROBATION DEPARTMENT June 18, 1982 Mr. Wade Beyeler General Services Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Beyeler: MICHAEL SCHUMACHER, Ph.D, CHIEF PROBATION OFFICER TELEPHONE: (714) 634 -7511 301 THE CITY DRIVE ORANGE, CA MAILING ADDRESS: P. O. BOX 10260 SANTA ANA, CA 92711 Attached is a signed, revised amendment to the Juvenile Court Work Program contract as approved by the Board of Supervisors on March 2, 1982. Please note that paragraph 11 on page 3 of the previous contract has been modified to formally expand and define the billing formula and that this format has been applied to all billings begin- ning July 1, 1981. As you can see, the modification requires signatured approval from your agency, and we would appreciate its return at your earliest convenience. If you should have any questions, please contact me at (714) 634 -7507. RW:cw Attach. Sincerely, Richard Weber Work Program Coordinator 8 �) • • ATT. 2 21 31 4 5 6 7 8 9 10 11 III 131 141 151 16 17 18 1s III 21, 22 I 23 24 25 26 27 28 CONTRACT MODIFICATION The parties hereto intend by this instrument to modify the "Agreement Litter Cleanup Program" contract between them dated 8 -28-81 in the following particular only: Paragraph XI is modified to read: "In consideration of the above, City of Newport Beach agrees (public agency) to reimburse the COUNTY the sum of $150 per day per work crew upon presentation to City of Newport Beach (public agency) 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 $150 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. All other terms and provisions of the contract dated 8 -28 -81 remain in full force and effect. Effective thi lst day of July 1981 Dated: % COUNTY OF ORANGE, a body politic ornorate Dated: By By �cli 4..i a YYiVaY, or designated representative (public agency) CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 July 6, 1982 County of Orange Probation Department P.O. Box 10260 Santa Ana, CA 92711 Attn: Richard Weber Work Program Coordinator Enclosed is the executed original modified agreement between the City of Newport Beach and the County of Orange for the "Litter Cleanup Program." This amendment was approved by the City Council on June 28, 1982 by Minute Action. Sincerely, Wanda E. Andersen City Clerk WEA:Ir enc. cc: Wade Beyeler /Gen'l Services Tim Newman /Police Dept. 3300 Newport Boulevard, Newport Beach 7 . 4 �I 5 PROBATION DEPARTMENT June 18, 1982 Mr. Wade Beyeler General Services Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Beyeler: Attached is a signed, revised amendment to the Juvenile Court Work Program contract as approved by the Board of Supervisors on March 2, 1982. Please note that paragraph 11 on page 3 of the previous contract has been modified to formally expand and define the billing formula and that this format has been applied to all billings begin- ning July 1, 1981. As you can see, the modification requires signatured approval from your agency, and we would appreciate its return at your earliest convenience. If you should have any questions, please contact me at (714) 634 -7507. RW:cw Attach Sincerely, k, ,"D L '6� Richard Weber Work Program Coordinator ATT. 2 MICHAEL SCHUMACHER, Ph.D. CHIEF PROBATION OFFICER TELEPHONE: (714) 634 -7511 \ C NTY 0 r 301 THE CITY DRIVE ORANGE, CA MAILING ADDRESS: 73 / ,RAN GI S P. O. BOX 10260 SANTA ANA, CA 92711 PROBATION DEPARTMENT June 18, 1982 Mr. Wade Beyeler General Services Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Beyeler: Attached is a signed, revised amendment to the Juvenile Court Work Program contract as approved by the Board of Supervisors on March 2, 1982. Please note that paragraph 11 on page 3 of the previous contract has been modified to formally expand and define the billing formula and that this format has been applied to all billings begin- ning July 1, 1981. As you can see, the modification requires signatured approval from your agency, and we would appreciate its return at your earliest convenience. If you should have any questions, please contact me at (714) 634 -7507. RW:cw Attach Sincerely, k, ,"D L '6� Richard Weber Work Program Coordinator .gl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C -a3F�b ATT. 2 CONTRACT MODIFICATION The parties hereto intend by this instrument to modify the "Agreement Litter Cleanup Program" contract between them dated 8 -28 -81 in the following particular only: Paragraph XI is modified to read: "In consideration of the above, City of Newport Beach agrees (public agency) to reimburse the COUNTY the sum of $150 per day per work crew upon presentation to City of Newport Beach (public agency) 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 $150 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. All other terms and provisions of the contract dated 8 -28 -81 remain in full force and effect. Effective this 1st day of Julv 1981 Dated. , / COUNTY OF cDAT F , g bcdy pc_ _ i t i c / c�acorporate m or designated representative Dated: July 5, 1982 " CITY OF NEWPORT BEACH (public agency) By Mayor 4 U NTY s 3 RAN V O F G E PROBATION DEPARTMENT September 8, 1981 Wanda E. Andersen City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92663 Pear Ms. Andersen • MICHAEL A. SCHUMACHER, Ph.D. CHIEF PROBATION OFFICER TELEPHONE: (714) 634 -7511 301 THE CITY DRIVE ORANGE, CA MAILING ADDRESS: P. O. BOX 10260 SANTA ANA, CA 92711 �V L+j�y�fjpf0 Or �1 Pursuant to your request, you will find your copy of the Work Program agreement. Jim Riley of our office will be in contact with your City's General Services Director and Litter Control Coordinator as to the dates and locations of work projects. We look forward to providing you a positive service and a meaningful program to the youths of your local community. Sincerely, #,;o/ Charles W. Page, Supervising Probation Officer Juvenile Court Work Program cc:Wade Beyeler Tim Newman Enclosure 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 September 2, 1981 Mr. James Riley Juvenile Work Program Administrator P.O. Box 10260 Santa Ana, CA 92711 Dear Mr. Riley: SUBJECT: JUVENILE WORK PROGRAM CONTRACT The Newport Beach City Council on August 24, 1981 approved the enclosed Juvenile Work Program Contract. It is the City's understanding that no work will be performed under the contract except at the specific request of the City and with the concurrence of the County. Given this under- standing, the City's contact point for any such requests is Mr. Wade Beyeler, General Services Director (640- 2171). Sincerely, WANDA E. ANDERSEN City Clerk WEA /GJB /jmb xc: General Services Director Litter Control Coordinator Enclosure P.S. Please return executed copy of agreement to this office for our records. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 I � I 1i AGREEMENT LITTER CLEANUP PROGRAM 2 ail THIS AGREEMENT, made and entered into by and between the COUNTY OF 4 ORANGE, a political subdivision of the State of California, hereinafter 5 referred to as "COUNTY ", and Newport Beach (public agency) 11! � hereinafter referred to as -_ City i 71I ' 1 WHEREAS, COUNTY, through the Probation Denartment,is authorized to 8 (conduct the Litter Cleanup Program, also known as the Juvenile Court Work 9 Program, hereinafter referred to as "JCWP "; and I 10 1 4,TVEREAS, COUNTY requires written contracts with the organizations 11 utilizing JC'19P services; i i 12I NOW, THEREFORE, in consideration of the terms, covenants, conditions 13 and promises to be kept, performed and observed by the parties hereto, it 14;,is agreed as follows: 15 I I 161 The COUNTY will provide: 17i A. Supervised work crew, an average of ten (10) to twelve (12) 1811 juvenile probationers (hereinafter referred to as minors), 1911 as required to work on the grounds of _ C =ity (public agency) 20i B. The minors shall be covered by the COUNTY- purchased Workman's 1 21I Compensation Insurance. 22`i C. The minors will perform work consisting primarily of an 2311 unskilled variety; e.g., weed eradication and grounds cleanup. 24i1 D. The minors shall work an eight-hour day and have a one-half- 251 hour supervised lunch break with lunch provided by the minors 261 or the COUNTY. Work will be performed on weekends or on days 274 mutually agreed to by both the COUNTY and City public agency) 28 -1- i • I fI {t 1 E. The minors or the COUNTY will be responsible for transporta- 2I tion to and from the work site. 3Ij II 44 COUNTY and the City agree that minors will not be 11 (public agency 5 Lssigned to work in or under unsafe environments or operate mechanical 6ldevices, 7 III 8 The COUNTY agrees to- employ staff who will, under the direction of I 9'the JCWP Administrator, supervise work crew members. 10 I Iv it 11111 The COUNTY agrees that it will be solely responsible for providing 12j1to the minors all legally required employee benefits and that 13 it ity 1! public agency) 141�Ifor the direct. payment 151'minors performing sery 161for in this agreement. 17 `YTorkman's Compensation i8 II shall not be called upon to assume any liability of any salaries, wages or other compensation to .any Lees hereunder or any liability other than provided The minors shall be covered by the COUNTY - purchases' Insurance plan. V 1911 COUNTY, its officers, agents and employees shall not be deemed to 2011have assumed any liability for the negligence of minors on the program or 21I!any of its officers or employees and City shall hold (public agency 22 000NTY, its officers and employees harmless from any and all claims or i 23'�amages resulting therefrom. 24 VI VI 251 COUNTY and City shall hold each harmless for acts public agency) 26 i1 r omissions of the other. 27 2611 -2- ,.. -i..� to.�....._- r 1 ii VII 2'; Both parties agree that all equipment purchased or contributed to 31'the JCWP project shall remain the property of the contributing agency. I 4 VIII 5 In the event of cancellation of this agreement, City j (public agency) j 611and COUNTY shall not be liable for expenses incurred under this agreement 7i!after the date of termination. I� Ii IX lyj The term, of this contract shall be for a period of one year, but it 10 will be automatically extended in one -year increments unless either party 11 serves written notice on the other party at least sixty (60) days prior 12 to such expiration date of its intent to terminate or to amend the terms i 1311herein. I:ny amendment shall be in writing and approved by the parties 14lhereto. Lowever, either party may terminate this agreement for cause i 15 upon giving fourteen (14) days' written notice to the other party, 16 X 17 City agrees that there will be no publicity con- (public agency) 18lcerning this program without the express written permission of the COUNTY. 19jlThe names of the minors involved in this program will remain confidential. . 2011 XI 21 In consideration of the above, City agrees to — (p�Tic agency 22 ,reimburse the COUNTY the sum of $150,00 per day per work crew upon 231; resentation to City of a certified c1a4_m, said claim (public agency) 241 to be paid within thirty (30) days after presentation. 2511 X I I 2611 Notices and correspondence related to the performance shall be srnr. it 27 by first- class mail or hand dolivcred to the foilewing addressC,s: i j I� I I I II 1 II I 211 i 3i I 4i 5' 6� 7 8 9 101 11 I 12 �, 13 14 15 16 17 is 19 20 21 .J COUNTY Orange County Probation Department Mr. Charles W. Page, Jr. Supervising Probation Officer 301 The City Drive Orange, CA 92668 P.O. Box 10260 Santa Ana, CA 92711 PUBLIC P-=E'Cy Mr. Wade Beyeler General Services Director CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640 -2171 IN WITNESS P:HEREOF, COUNTY has caused this agreement to be executed the Chief Probation Officer or his designated representatives and agency has caused this agreement to be executed by on the dates set forth opposite their public agency representative) pective signatures, all as authorized by resolution or minute order of it respective governing body. Dated: ) y �y� COUNTY OF ORANGE, a body politic and corporate ,,ft,77, 6, Chief Probation 'Officer, or designated representative 2211 Dated: Aug. 28, 1981 23 24 25 26 27 no City of Newport Beach public agency) Mayor July 24, 1981 TO: FROM: SUBJECT: BACKGROUND: 9 • CITY OF NEWPORT BEACH LITTER CONTROL CITIZENS ADVISORY COMMITTEE AUG - 111981 City Council IV *0 CITY CoutoL Litter Control Committee Cllh of N1wraS KOCH COUNTY PROBATION DEPARTMENT'S JUVENILE WORK PROGRAM The Juvenile Work Program places juvenile offenders, who are sentenced by the court, into supervised work details as a condition of their probation. Usually 10 to 15 workers are assigned to a probation counselor. The City has been participating in this program by assigning State Solid Waste Management Board litter grant funds (the FY 80 -B1 allotment was $B4O00) to the County. Crews were picking up litter in areas assigned by the PB & R Department 2 or 3 times per month (see attached report from the PB & R Department). DISCUSSION: The County is seeking to continue this program on a contractual basis (see attached sample contract). Under these terms, crews of 10 to 15 workers would be deployed for eight hours at a cost of $150 per shift. County Probation provides supervision, State comp insurance, transportation and meals for employees. This program, which is 70% self- supporting, is not limited to just litter picking. There are numerous available crews, and working hours include weekends. Additional information is available from Probation Officers Rick Weber or Jim Riley, Juvenile Work Program Administrator, P. 0. Box 10260, Santa Ana 92711, phone 634 -7507. RECOMMENDATION: The Probation Department presented this program for review by the Litter Committee at the last meeting. The committee likes the program's concept and recommends that the Council consider implementation of the Juvenile Work Program as an integral part of the City's litter maintenance program. Elaine Linhoff Jsl Chairman, Litter Control Citizens Advisory Committee Attachments • CITY OF NEWPORT BEACH • PARKS, BEACHES AND RECREATION DEPARTMENT July 14, 1981 TO: JACK BROOKS, PARK SUPERINTENDENT FROM: Park Foreman The Juvenile Work Program has been beneficial to the Park Department in the control of litter. They have been appreciated,particularly during the warm weather weekends,and their efforts at Corona del Mar State Beach and both pier areas on the Balboa peninsula have been very effective. In their search for litter in the cooler months they cleaned debri and weeds from unimproved traffic islands and slopes adjacent to landscaped areas. They have provided their own transportation and supervision and have only occasionally requested this Department to pick up some bags of trash when they had gathered more than they could transport. T��k vekv( Dick Pedri ck DP:ma .A rJ CITY OF NEWPORT BEACH Lill Control Citizens' Advisory Aittee July 14, 1981 TO: Committee Members FROM: Litter Control Coordinator SUBJECT: JUVENILE WORK PROGRAM As most of you know, the City has been supporting this probation Department program by diverting our S.S.W.M.B. Litter Grant funds to the County. The State has terminated this funding as we had anticipated. The Probation Department is seeking to continue the program on a contractual basis (see attached copy.) Mr. Jim Riley and Mr..Rick Weber of.the Probation Department will be meeting with us to discuss the program's function and possible im- plementation here. As you may recall, work crews consist of juvenile offenders (10), who are supervised by a Probation Department counselor. The proposed contract would cost $150 per 8 -hour work shift. They have, in the past, worked two or three days each month litter picking, primarily in the parks. I have asked Jack Brooks, PB &R supervisor, to comment on his impressions of the program, and .I will relay that information to you. Tim Newman Litter Control Coordinator Attachment J 1025 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COUNTY OF ORANGE FOR A LITTER CLEANUP PROGRAM WHEREAS, there has been presented to the City Council of the City of Newport Beach a juvenile work program which places juvenile offenders, who are sentenced by the Court, into supervised work details as a condition of their probation to provide cleanup of litter; and WHEREAS, the Litter Committee of the City of Newport Beach has reviewed the proposed work program and recommended its adoption by the City Council; and WHEREAS, the City Council has reviewed the Agreement for Litter Cleanup Program with the County of Orange and found it to be fair and equitable, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the proposed Agreement Litter Cleanup Program between the City of Newport Beach and County of Orange be and it is hereby approved. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this day of AUG 24 , 1981. Mayor HRC /pr 8/10/81