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)
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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
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the work site.
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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
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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
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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
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the work site.
II
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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
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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-
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8
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(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-
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(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
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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 ,
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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
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25
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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
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2
3
4
5
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7
8
9
10
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23
24
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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
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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
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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;
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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-
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{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:
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II
1 II
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211
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3i
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4i
5'
6�
7
8
9
101
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12 �,
13
14
15
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17
is
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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
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no
City of Newport Beach
public agency)
Mayor
July 24, 1981
TO:
FROM:
SUBJECT:
BACKGROUND:
9
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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