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HomeMy WebLinkAboutReso 1987-13293 RESOLUTION NO. 13293 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO PROBATION DEPARTMENT TO CONTRACT FOR INMATE WORK CREWS TO PERFORM PARK MAINTENANCE PROJECTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Amended Agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO, Probation Department, to contract for inmate work crews to perform park maintenance projects, dated the 19th day of October, 1987, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said amendment for and on behalf of the City of Chula Vista. Presented by Approved as to form by Manuel A. Mollinedo, Director D. RiChard Rudolf~_5]ss~is/~ant of Parks and Recreation City Attorney 3457a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF b..JLA VISTA, CALIFORNIA, this 20th day of. October 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore, Nader, Malcolm NAYES; Councilmembers None ABSTAIN: Councilmembers None ABSENT: Councilmembers None ~eb~o of the y of Chum Vista ATTEST /-/ City Clerk S ,'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M, FULASZ, CMC, CITY CLERK of the City of Chulo Visto, California, DO HEREBY CERTIFY thot the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. L3293 ,ond fhof the some has not been amended or repealed DATED ~ City Clerk City OF CHUIA VISYA CC-660 AGREPmNT This Agreenent, made and entered into this 20th__ day of October, 1987, by and between the CITY OF CMUIA VISTA, hereinaf~er referred to as the City of C~ula Vista, and the COUNTY OF SAN DIEGO, hereinafter referred to as "County". WITNESSETH WHEREAS, the County is authorized to require inmates/wards to perform work under Sections 1203.1, 4017 and 4014.2 of the Penal Code, Sections 25359 and 36904 of the Goverrment Code, and Sections 730, 731, 731.5 and 883 of the Welfare and Institutions Code. WHEREAS, the city of Chula Vista has responsibility for the operation and maintenance of Parks and Open Space Lands , arK1 desires to co~trct with the County for tb~ supplying of certain services; NOW, THEREFORE, it is mutually agreed as follows: 1. Upon request of the City of Chula Vista and at timas that are mutually agreeable to the City of Chula Vista and County, County shall supply the hereinafter described work crews to perform work for the City of Chula Vista. The City of Chula Vista anticipates that the work will consist primarily of cleaning trash and weeds frcm alor~ roadway, and general clean-up and sweeping. 2. The City of Chula Vista agrees to reimburse County for administrative costs incurred in the amount of $260 a day for each full c~ew. A full crew is designated at 12 or ~Dre persons for 8 hours. 3. The City of Chula Vista shall be responsible to the extent provided by law for injury to inmates or public service workers or County ~loyees caused by intentional acts or negligence of the City of Chula Vista's personnel or by dangerous conditions on the City of Chula Vista's property. The City of Chula Vista shall hold County harmless frcm liability or damages resulting from property damage or personal injury to any person caused by said intentional acts, negligence or dangerous conditions. 4. County shall be responsible to the extent provided by law for property damage or injury to the City of Chula Vista's employees or members of the general public who are utilizing the City of Chula Vista's facilities when such damage or injury is caused by the intantioDal acts or negligence of irnnates or County employees or public service workers. Co~anty shall hold the City of Chula Vista harmless from liability or damages resulting frcm property damage or personal injury to any person caused by said intentional acts or negligence. -2- 5. The City of Chula Vista shall provide a lead person to designate work sites, give d~ections as to work performance and provide assistance and entry to the grounds for the inmate crew and Adult Institutions crew supervisors. 6. County shall provide inmate labor frcm the Probation Department's Adult Institutions or the Public Service Program in a manageable crew size. AdiLlt Institutions' staff shall be responsible for the actual and direct supervision and security of inmates or public service workers in carrying out the work instructions. 7. In providing such work crews, Cc~nty shall provide and be responsible for the following: Provide the proper nunnker of s~ff to accu~_~any and supervise inmates. b. Have full responsibility for the custody and supervision of the work crew. c. Provide necessary transportation. 8. The County recognizes no workmen's conpersation liability for inmates/wards who are not involved in fire suppression activities. 9. All work to be performed will be of such nature as to not supplant work performed by regular employees of the City of Chula Vista. 10. County shall invoice the City of Chula Vista on a monthly basis for any reimbarsenent due under the terms of this ~reement. 11. The City of Chula Vista will notify County at least two weeks in advance when work crews are needed, and County will schedule work crews on an as available basis. 12. This agreement shall become effective October 20, 1987 and shall remain in effect until amended by mutual consent of the parties hereto or terminated by either of the parties by giving fifteen (15) days notice in writing. IN WITNESS WHEREOF, the duly authorized officials of the parties hereunto have, in their representative capacities, set their hands as of the date first hereinabove written. CUjNTY OF SAN DIEGO THE ClTY OF C~EFLA VISTA CECIL H. STEPPE Chief Probation Officer