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HomeMy WebLinkAboutReso 1987-12872 RESOLUTION NO. 12872 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO TO CONTRACT FOR INMATE WORK CREWS TO PERFORM PARK MAINTENANCE PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO, to contract for inmate ~;ork crews to perform park main- tenance projects dated the 1st day of December , 198 6, 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 agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Manuel A. Mollinedo, Director ~ Thomas J. ~t~(rron, City of Parks and Recreation Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day Of January 19 87 , by the following vote, to-wit: AYES: C0uncilmembers McCandliss, Cox, Moore, Nader, Malcolm NAYES: Council members None ABSTAIN: Councilmembers None: ABSENT: C0unci l members None ~~~fhe~y of~ula Vista ATTEST F City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO, 12872 ,and that the same has not been amended or repealed. DATED ~":-~ City Clerk OF ..HUI.A VISTA CC--660 AGREEMENT 5his Agreement, made and entered into this first day of December, 1986, by and between the CITY OF CHUIA VISTA, hereinafter referred to as the City of Chula Vista, and the COUNTY OF SAN DIEGO, hereinafter referred to as "County". WITNES SETH WH~P~EAS, 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 Government Code, a~d Sections 730, 731, 731.5 and 883 of the Welfare and Institutions Cede. WHEREAS, the City of Chula Vista has responsibility for the operation and maintenance of parks and open space , and desires to contrct with the County for the supplying of certain services; NOW, THEREFORE, it is mutually agreed as follows: 1. Upon request of the City of Chula Vista and at times that are mutually agreeable to the City of Chula Vista and County, County shall supply ..t~.e hereinafter ,described work. crews t.o perform work for the City of Chula Vl.sta. The City of Chula Vista anticipates that the work will consist p~'~rily of cle2un~r~ trash a~¥] weeds from along roadw~ys~ City owned propert~ ~d general clean-up and sweepir~. 2. The City of Chula Vista agrees to reimburse County for a~%nJ~istrative costs incurred in the amount of $200 a day for each i1111 crew. A full crew is designated at 12 or more persons for 8 hours. 3. The City of Chula Vista shall be responsible to the extent provided by law for injury to iterates or public service workers or County employees caused by intentional acts or negligence of the City of Chula Vista's personnel or by dangerous conditions on the City of f~ula Vista's property. The City of ~ula Vista shall hold County harmless from liability or damages resulting frc~ 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 intentional acts or negligence of inmates or County employees or public service workers. County shall hold the City of ~ula Vista harmless from liability or damages resulting from property damage or personal injury to any person caused by said intentional acts or negligence. -2- 5. The City of O/ula Vista shall provide a lead person to designate work sites, give directions 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 from the Probation Department's Adult Institutions or the Public Service Program in a manageable crew size. Adult Institutions, staff shall be responsible for the actual and direct supervision and security of inmates or public service workers in ca/Tying out the work instructions. 7. In providir~ such work crews, County shall provide and be responsible for the following: a. Provide the proper number of staff to a~y 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 cu.~-nsation liability for inmates/wards who are not involved in fire suppression activities. 9. Ail 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 ~ny reimbursement due under the terms of this A~3reement. 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 Dec~mber 1, 1986 and shall remain in effect uritil amended by ~dtual cor~nt 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 fi~t hereinabove wri%ten. COUNTY OF SAN DIEGO THE CITY OF C~TrLA VISTA CECIL H. STEPPE ' ' Chief Probation Officer COUNCIL AGENDA STATEMENT Item: 7 Meeting Date:l/13/87 ITEM TITLE: Resolution uthorizing an Agreement with the County of San Diego Probation Department to contract for inmate work crews to perform park maintenance projects. SUBMITTED BY: Director off-=and Recreation REVIEWED BY: City Manager~ (4/5ths Vote: Yes X No ) The San Diego County Probation Department operates a work program for low security inmates. Local jurisdictions can avail themselves of this service for such purposes as park maintenance, fire prevention and disaster assistance. RECOMMENDATION: That Council authorize the Mayor to execute an Agreement with the County of San Diego for the use of prison work crews. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The San Diego County Probation Department administers and operates work camps in eastern San Diego County. Work crews of 15 to 18 low security inmates, closely supervised by an Assistant Deputy Probation Officer, are available to government entities to perform labor intensive maintenance projects such as weed abatement, culvert cleaning, litter control, park maintenance, and brush clearance. To be eligible to participate and use this service, an agency must enter into an agreement with the County. (Attachment) A daily fee of $200 is required per work crew. This enables the County to recover supervision and transportation costs for the program. To date the Probation Department has provided work crews to water and agricultural districts with positive results. Based on these successes the County has made this service available to local juris- dictions. In the FY 1986-87 budget, funds were approved to contract for these work crews. The $6,000 budgeted would employ a 15-man crew for a total of 30 days, resulting in the City being provided a total of 3,600 hours of labor at a cost of $1.66 per hour. This same low skilled work, if performed by a regular City worker, would cost approximately $10.50 per hour, resulting in a cost to the City of $37,800. This same work being done with inmate labor would cost $5,976, saving the City $31,824. It is proposed that the Par~ Division will utilize these crews in maintenance projects involving renovation of landscape median islands on Telegraph Canyon Road; renovation of the landscaping strips in front of the Police Department; clearing of fire breaks in Open Space areas and brush clearance in parks. In 1985, the department was contacted by the County Probation Department regarding the possibility of using inmate labor. At that time the City Item: 7 Meeting Date: 1/13/87 Page 2 Attorney's Office expressed concern about the Worker's Compensation liability the City would assume under the terms of the agreement. While there is some assumption of risk, it is felt that the value of this service, combined with the fact that the County has insurance coverage, makes the risk negligible. FISCAL IMPACT: Budgeted funds will be used to reimburse the $200 daily rate to the County. by the City Council of Chula Vista, California Dated / -/--~ - o~7 __ January 15, 1987 TO: Manuel Mollinedo Director of Parks ~ Recreation FR: Jennie, City Cle~ '-~.- RE: Signatures for Agreement Attached are the original and a copy of the agreement for Resolution 12872 - contracting for immate work crews to perform park maintenance projects. Before I can proKess this resolution, I need si~ned agreements. Please have ~hief Steppe sign both agreements and return them to me as soon as possible. Agreements attached £1~' OF CHULA VISTA PARKS AND RECREATION DEPARTMENT January 20, 1987 Mr. Byron E. Ellsworth, Director Adult Institutional Services San Diego County Probation Department P.O. Box 23596 San Diego, CA 92123 Dear Mr. Ellsworth: The City Council, on January 13, 1987, per Resolution 128722, approved the agreement between the City of Chula Vista and the County of San Diego to contract for inmate work crews. Enclosed are three signed agreements by the Mayor of Chula Vista. Please have Mr. Steppe finalize the agreement and return a copy for the City's records. I will be in contact with your office to schedule the work crews. Sincerely, Jerry M ¥oncerrada Parks Superintendent /sh encls. 276 FOURTH AVENUE/CHULAVISTA CALIFORNIA92010/(619}691-5071  COUNTY OF SAN DIEGO PROBATION DEPARTMENT CECIL H. STEPPE FebI/3ar~ 5, 1987 Ms. Jennie M. Fulasz, City Clerk city Hall P.O. Box 1087 (~%hla Vista, CA 92012 Pursuant to instructions frc~ Mr. Jerry M. Foncerrada, City of Chula Vista Parks and Recreation Department, I am forwarding to your office the attached contract for Probation Department Adult Institutions' crews. Thank you for your assistance in processing this document. Very truly yours, Byron E. Ellsworth, Probation Director Adult Institutions Attachment