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HomeMy WebLinkAbout1994-06-28 - AGENDA REPORTS - LACO PROBATION CONTR SERVICESAGENDA REPORT CONSENT CALENDAR DATE: June 28, 1994 City Manager Approval Item to be presented by, SUBJECT: RENEWAL OF COUNTY OF LOS ANGELES PROBATION DEPARTMENT CONTRACTUAL SERVICES AGREEMENT DEPARTMENT: Public Works BACKGROUND At their August 27, 1991 meeting, the City Council directed Public Works staff to execute an agreement with the County of Los Angeles Probation Department for graffiti abatement and other related services. During the last two and one half years, the County has provided the City with paid work crews through their Juvenile Alternative Work Service (JAWS) Program. A typical JAWS crews consist of a minimum of ten (10) minors, who have been directed by the Juvenile Court to perform a specific number of hours of graffiti abatement as a condition of their probation. These crews, supervised by Probation Department staff, work on weekends only and provides the City with an additional resource to address graffiti within the community. In accordance with Paragraph VDI of our current agreement, the County has informed the City of its intent to amend the agreement_ by increasing the per diem rate per work crew from its present amount of $400.00 per crew, per day, to $450.00 effective July 1, 1994. All other terms of this agreement will remain unchanged. Additionally, pursuant to paragraph IA of this agreement, the per diem rate per crew shall be reduced by five percent (5 %) for each minor by which the crew falls below the minimum. In its proposed Fiscal Year 1994-95 Budget, the Public Works Department has recommended that the City allocate $10,000 to this program. This represents a three thousand dollar ($3,000) reduction in the amount of funding dedicated to this program, as compared to Fiscal Year 1993- 94. This proposed funding would allow the City to contract approximately twenty-two (22) days of JAWS service in FY 1994-95, and/or provide additional resources to the Pride Committee volunteers if needed. This proposed reduction in funding is attributed an overall reduction in the number of graffiti related incidents experienced during the previous ten month period and; a greater utilization of individuals specifically assigned to perform graffiti -abatement type Community Service by the Newhall Court. A Item; hPFROVED MENDMENT NUMBER 1 TO AN AGREEMENT FOR PAID WORK CREW PROGRAM SERVICES CONDUCTED BY THE COUNTY OF LOS ANGELES PROBATION DEPARTMENT This Amendment is made and entered into this day of , 19 , by and between the County of Los Angeles, a body corporate and politic, hereinafter referred to as "County" and CITY OF SANTA CLARITA PUBLIC WORKS DEPARTMENT hereinafter referred to as "Contractor" W I T N E S S E T H Whereas the parties entered into an Agreement on September 17, 1991, for the County to provide Paid Work Crew services to the Contractor; Whereas pursuant to Section VIII the parties have authority to amend said Agreement as hereinafter set forth; Whereas the parties desire to amend said Amendment as herein set forth; Now, therefore, in consideration of the foregoing and mutual covenants herein contained, said Agreement is amended as follows: Section X is amended to read as follows with all remaining Sections and Paragraphs remaining the same. In consideration of the above, CONTRACTOR agrees to pay the COUNTY the sum of $450 per day per work crew upon presentation of a monthly invoice to CONTRACTOR. Said invoice to be paid within thirty (30) days after presentation, provided, however, that when the average monthly crew size as defined in Paragraph IA falls below the minimum number per work crew, the per diem rate per crew shall be reduced pro-rata, to offset any reduced level of service, on the basis of five percent reduction in the per diem rate per crew for each minor and/or probationer by which the crew falls below the minimum. This Agreement shall be construed in accordance with and governed by the laws of the State of California. In WITNESS WHEREOF, the parties by their duly authorized offices, have caused these presents to be subscribed on the day, month and year first above written. By Barry J. Nidorf, Chief Probation Officer By Ken Pulskamp, City Manager Approved As To Form: DeWitt W. Clinton County Counsel By HALVOR S. M LOM Halvor S. Melom Principal Deputy County Counsel Renewal of Los Angeles County Probation Department Contractual Services Agreement June 28, 1994 Page 2 For the past three years, the Newhall Court has assigned the responsibility of supervising Community Service Workers, to the Pride Committee. Presently, our pool of volunteers supervise approximately ten to fifteen court assigned workers each Saturday. This volunteer program provides the City with a service that is analogous to that of the JAWS Program, and its success affords the City with the opportunity to reduce its reliance upon the County for paid graffiti abatement. Staff believes it is important to note that this is the first increase that the County has requested in three Fiscal Years. The JAWS Program has proven not only to be a tremendous asset in the City's pro -active stance against graffiti, but in other areas such as weed abatement and litter beautification. That City Council direct the City Manager to execute Amendment Number "1" to the Agreement for Paid Work Crew Program Services Conducted by the County of Los Angeles Probation Department. ATTACHMENTS Agreement with the Los Angeles County Probation Department Amendment Number " 1 " to the Agreement with the Los Angeles County Probation Department JK:kmt Jawscont. rct A G R E E M E N T THIS REEMENT is made and entered into this day, of , 19_L, by and between the Angeles, a Jody corporate and politic, hereinafter "COUNTY", AND City of Santa Clarita Public Works Department hereinafter referred to as "CONTRACTOR". W I T N E 8 S E T H County of Los referred to as 04 WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Paid Work Crew Program, hereinafter referred to as "The'Program", pursuant to Sections 236, 730, and 883 of the Welfare and Institutions Code and as otherwise permitted by law; and/or WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Alternative Work Service Program, hereinafter referred to as "The Program"; and/or WHEREAS, COUNTY, through the Probation Department pursuant to Penal Code Section 1203.1 is authorized to conduct the Probation Adult Alternative Work Service Program, hereinafter referred to as "The Program"; and WHEREAS, CONTRACTOR desires to utilize the specific Program Services indicated below; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: The COUNTY will provide: [x] Juvenile Paid Work Crew A. Supervised work crew of 7-10 juvenile probationers (hereinafter referred to as " " minors ) to perform such services as described in B below or in Attachment NIA, which is made a part of this Agreement. B. The minors will perform work consisting primarily of an unskilled variety e.g., weed eradication, graffiti removal and grounds cleanup. In the performance of these duties, minors may operate motorized devices such as mowers, edgers, leaf blowers, hedge trimmers and chain saws. Those minors operating said devices will require advance standardized training in one or all of the devices mentioned. Completion of said COUNTY - provided training shall be documented. C. The minors shall work an eight hour day which includes travel time, a morning and afternoon break, and have a one-half hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekdays, and times mutually agreed to by both the COUNTY and CONTRACTOR. D. Notwithstanding the above, work crew and minors shall be subject to sole direction of COUNTY. If COUNTY needs are such that require temporary suspension of crew work, COUNTY has authorization to suspend until further notice. In case of temporary suspension of crew work, CONTRACTOR will be immediately notified. E. COUNTY will provide the basic complement of tools, equipment and workday transportation incidental to minors performing their work. All special required equipment will be provided by CONTRACTOR. [x] Juvenile Alternative Work Service A. Supervised work crew of 10-14 juvenile probationers (hereinafter referred to as "minors") to perform such services as described in B below or in Attachment N/A, which is made a part of this Agreement. B. The minors will perform work consisting primarily of an unskilled variety e.g., weed eradication, graffiti removal and grounds cleanup. C. The minors shall work an eight hour day which includes travel time, a morning and afternoon break, and have a one-half hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekends, and times mutually agreed to by both the COUNTY and CONTRACTOR. D. Notwithstanding the above, work crew and minors shall be subject to sole direction of COUNTY. If COUNTY needs are such that require temporary suspension of crew work, COUNTY has authorization to suspend until further notice. In case of temporary suspension of crew work, CONTRACTOR will be immediately notified. [x] E. COUNTY will provide the basic complement of tools, equipment and workday transportation incidental to minors performing their work. All special required equipment will be provided by CONTRACTOR. Probation Adult Alternative Work Service A. Supervised work crew of 7-10 adult probationers (hereinafter referred to as "probationers") to perform such services as described in B below or in Attachment 1A, which is made a part of this Agreement. B. The probationers will perform work consisting primarily of an unskilled variety e.g., weed eradication, graffiti'removal and grounds cleanup. C. The probationers shall work an eight hour day which includes travel time, a morning and afternoon break, and have a one-half hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekdays, and times mutually agreed to by both the COUNTY and CONTRACTOR. D. Notwithstanding the above, work crew and probationers shall be subject to sole direction of COUNTY. If COUNTY needs are such that require temporary suspension of crew work, COUNTY has authorization to suspend until further notice. In case of temporary suspension of crew work, CONTRACTOR will be immediately notified. E. COUNTY will provide the basic complement of tools, equipment and workday transportation incidental to probationers performing their work. All special required equipment will be provided by CONTRACTOR. II COUNTY and CONTRACTOR agree that minors and/or probationers will not be assigned to work in or under unsafe environments or operate motor vehicles. III COUNTY shall provide staff who will, under the direction of The Program Director, supervise work crew members. Supervision shall be the sole responsibility of The Program Director or supervising staff and all decisions of The Program Director and supervising staff with respect to work performance shall be final. Juvenile and Adult crews shall not be allowed to commingle. IV COUNTY agrees that ,it will be solely responsible for and assumes liability for the direct payment of any salaries, wages or other compensation related to program services hereunder other than the per -diem payment to be paid by CONTRACTOR pursuant to Agreement Provision X. V INDEMNIFICATION A. CONTRACTOR agrees to indemnify, save, defend and hold harmless COUNTY, its agencies, agents, officers, other contractors, and employees from and against any and all liability, damages, suits, cost of suit, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to workers' compensation, bodily injury, death, personal injury, or property damage arising out of or caused by CONTRACTOR's errors or omissions, or dangerous conditions of property connected with, either directly or indirectly, CONTRACTOR's operations or its services hereunder. B. COUNTY agrees to indemnify, save, defend and hold harmless CONTRACTOR, its agencies, agents, officers, other contractors, and employees from and against any and all liability, damages, suits, cost of suit, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to workers' compensation, bodily injury, death, personal injury, or property damage arising out of or caused by COUNTY's and/or minors' and/or probationers' acts or omissions connected with, either directly or indirectly, COUNTY's operations or its services hereunder. VI Both parties agree that title and ownership of all equipment, materials and supplies used in the performance of The Program project shall remain the property of the CONTRACTOR, or COUNTY, as appropriate, unless otherwise mutually agreed to in writing. VII In the event of cancellation of this Agreement, CONTRACTOR and COUNTY shall not be liable for expenses incurred under this Agreement after the date of termination. 4 VIII The term of this contract shall be for the current fiscal year, but it will be automatically extended thereafter in one- year increments unless either party serves written notice on the other party at least thirty (30) days prior to such expiration date of its intent to terminate or to amend the terms herein. In any event, the COUNTY may immediately terminate this Agreement if minors and/or probationers safety or health are considered imperiled, should the authority for this program terminate, or should the COUNTY decide that the needs of the COUNTY warrant termination. I% CONTRACTOR agrees that there will be no publicity concerning this program without the express written permission of the COUNTY.. The names of the minors and/or probationers involved in this program will remain confidential. B In consideration of the above, CONTRACTOR agrees to pay the COUNTY the sum of $400.00 per day per work crew upon presentation of a monthly invoice to CONTRACTOR. Said invoice to be paid within thirty (30) days after presentation, provided, however, that when the average monthly crew size as defined in Paragraph IA falls below the minimum number per work crew, the per diem rate per crew shall be reduced pro-rata, to offset any reduced level of service, on the basis of five percent reduction in the per diem rate per crew for each minor and/or probationer by which the crew falls below the minimum. %I Payment for a partial days work, due to unsafe and dangerous working conditions or inclement weather, shall be pro rated based on the number of hours worked. SII COUNTY reserves the right to change any portion of the work provided under this Agreement, or amend such other terms and conditions which may become necessary. Any such revisions shall be accomplished in the following manner: 5 For any change which does not materially affect the scope of work, period of performance, payments, or any other term or condition included under this Agreement, a Change Notice shall be prepared and signed by COUNTY's Contractor Director. For any revision which materially affects the scope of work, period of performance, payments, or any term and condition included in this Agreement, a negotiated modification to this Agreement shall be executed by the County Board of Supervisors and CONTRACTOR. As used herein, the term "materially" is defined as being a change of more than $50.00 per day per work crew each fiscal year, a change of more than ninety (90) days to any period of performance or a change in work required which in the sole discretion of the COUNTY's Contract -Director warrants execution by the Board of Supervisors. %III Notices and correspondence related to the performance shall be sent by first-class mail or hand delivered to the following addresses: County County of Los Angeles Probation Department 9150 East Imperial Highway Downey, California 90242 Attention: Larry Schryver (213) 940-2874 Contractor City of Santa Clarita Public Works Department 25663 Avenue Stanford Santa Clarita, California 91355 Attention: John E. Medina (805) 294-2500 %IV This Agreement shall be construed in accordance with and governed by the laws of the State of California. 3 0 This Agreement shall be construed in accordance with and governed by the laws of the State of California.. In WITNESS WHEREOF, the parties by their duly authorized offices, have caused these presents to be subscribed on the day, month and year first above written. By Barry J. Nidorf, Chief Probation Officer M �egq A. Caravalho 1 y anager Approved As To Form: DeWitt W. Clinton County Counsel ATTEST: CITY CLERK APPROVED AS TO FORM: By HALNOR S.1MELOM CITY ATTORNEY Halvor S. Melom Principal Deputy County Counsel In WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Chairman, and the Seal of said Board to be hereto affixed and attested by the Executive Officer and Clerk hereof, and the CONTRACTOR has caused this Agreement to be signed by its duly authorized officers, the day, month and year first above written. The Officer signing on behalf of CONTRACTOR warrants .and represents under penalty of perjury that he or she is authorized to bind contract agency.. Executed on this day of 1991, at the City of Santa Clarita. Carl Boyer Mayor of Santa Clarita ATT T: onna M. Grinuey City Clerk of Santa Clar to Approved As To Form: D itt W. Clinton C ty Co sel p�T 1991 Hal Melom Deputy County Counsel Approv As To Form: Carl Newton City Attorney