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San Bernardino County A2015-65 Ai s— cow ; - JOHN McMAHON,SHERIFF-CORONER RECDIy ED February 27, 2015 MAA 2 2015 {': •.,f'(.Hao Hifl9 Mr. Konradt Bartlam, City Manager �: T:,l:"aflors Dept. City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709-5442 RE: RENEWAL AGREEMENT FOR PARTICIPATION IN THE WORK RELEASE PROGRAM 2015-20 Dear Mr. Bartlam: Enclosed is one fully executed contract with original signatures of Agreement No. SHR15- 0291 between San Bernardino County and the City of Chino Hills for participation in the Work Release Program, effective Monday, March 2, 2015. This document is for your records. If you have any further questions or need additional information, please contact me at (909) 387-0310 or rienkinssbcsd.org. Sincerely, JOHN McMAHON, SHERIFF-CORONER '(40/4 f // , ' 1,d-, c' ROXANN M. JEN NS, Staff Analyst Sheriff's Bureau of Administration JM/RMJ Enclosure SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street • San Bernardino,California 92415-0061 Post Office Box 569 • San Bernardino,California 92402-0569 FOR COUNTY USE ONLY V 5 yy New FAS Vendor Code Dept. Contract Number EPR'AQDL40 ' Change ❑ Cancel `SC SHD A SHR15-0291 • ePro Vendor Number I ePro Contract Number County Department Dept. Orgn. Contractor's License No. SHERIFF/CORONER SHD SHD County Department Contract Representative Telephone Total Contract Amount County of San Bernardino SHANNON DICUS, SHERIFF'S CAPTAIN (909) 387-0640 $ F A S Contract Type rl IRevenue El Encumbered El Unencumbered Other: STANDARD CONTRACT If not encumbered or revenue contract type, provide reason: Participation Agreement Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 03/02/15 06/30/20 $ $ Fund Dept. Organization Appr, Obj/Rev Source GRC/PROJ/JOB No Amount AAA SHD SHD I I $ Fund Dept. Organization Appr. Obj/Rev Source (GRC/PROJ/JOB No. Amount I $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Work Release Program FY Amount I/D FY Amount I/D 2015-20 Template Type A THIS AGREEMENT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Chino Hills hereinafter called CONTRACTOR Address 14000 City Center Drive Chino Hills, CA 91709-5442 Telephone Federal ID No.or Social Security No. (909) 364-2600 IT IS HEREBY AGREED AS FOLLOWS: AGREEMENT FOR PARTICIPATION IN SAN BERNARDINO COUNTY SHERIFF DEPARTMENT'S WORK RELEASE PROGRAM WHEREAS, San Bernardino County, hereinafter referred to as COUNTY, conducts and administers a Work Release Program (WRP) through the Sheriff's Department, hereinafter referred to SHERIFF, under Penal Code Sections 4024.2 and 4024.3, for the performance of work by persons committed to the custody of the SHERIFF. Work Release Program inmates are incarcerated at the SHERIFF's correctional facilities, and have been released from custody to serve their remaining sentence on the work program; and WHEREAS, CONTRACTOR desires that individuals in said WRP (INMATES) to be placed with CONTRACTOR for work under the direction and control of CONTRACTOR, as it is in the best interest of the community to provide an alternative mode of incarceration for those inmates placed into these programs; NOW, THEREFORE, the parties agree as follows: Auditor-Controller/Treasurer/Tax Collector Use Only I ❑Contract Database 0 FAS Input Date Keyed By Page 1 of 4 A. SCOPE OF AGREEMENT A.1 SHERIFF's placement of INMATES with CONTRACTOR is at the discretion of the SHERIFF and is subject to the availability of INMATES, available work assignments and the ability of CONTRACTOR to administer and control the work program. A.2 Upon placement of INMATES with CONTRACTOR, the work of the INMATES will be under the direct supervision and control of CONTRACTOR and will not be under the supervision or control of the SHERIFF. A.3 CONTRACTOR will assign a supervisor to oversee the INMATES assigned to its agency. A.4 SHERIFF will provide CONTRACTOR with a Crew Supervisor Pamphlet and CONTRACTOR agrees to follow said instructions. A.5 CONTRACTOR shall ensure that each supervisor does not fraternize with, engage services of, accept services from, do favors for, or engage in romantic, intimate or sexual relationship with INMATES. A.6 The work performed by INMATES will consist of manual labor to improve or maintain levees or public facilities, including but not limited to streets, parks, and schools and/or manual labor as approved by the SHERIFF. A.7 CONTRACTOR shall ensure the work, supervision, and treatment of the INMATES shall in all ways conform to applicable law, including but not limited to, California Penal Code Sections 4024.2 and 4024.3. A.8 CONTRACTOR will not provide any security guards and CONTRACTOR's employee(s) will not physically restrain any INMATES that might leave the work area. The CONTRACTOR will notify SHERIFF by the end of each day of any INMATES who did not arrive for scheduled work assignment or left the work area without permission. A.9 CONTRACTOR will provide transportation for INMATES working under this Agreement to and from the work sites as needed from pickup points agreed to between the SHERIFF and CONTRACTOR. A.10 Equipment operations will be performed only by qualified CONTRACTOR employees with the exception of small power equipment such as weed trimmers, power lawn mowers and hedge trimmers. INMATES must demonstrate proficiency with such tools to the satisfaction of CONTRACTOR before being allowed to operate said tools. CONTRACTOR will provide safety instructions, explain the work to be done, and direct the work of INMATES placed under this Agreement. A.11 CONTRACTOR will provide necessary safety equipment while INMATES are operating any equipment. This may include but is not limited to gloves, hard hats and eye protection required to safely perform any work assigned under this Agreement. CONTRACTOR will require INMATES to wear INMATE identifying safety vest at all times while working at a crew site. A.12 In the event an INMATE injury occurs, CONTRACTOR shall be responsible for the entire claim. This responsibility includes the administration of the claim in the same manner as if the INMATE was an employee of CONTRACTOR. CONTRACTOR also agrees to complete written documentation notifying the WRP office. In the event an INMATE brings an action which includes or is against SHERIFF or COUNTY, CONTRACTOR will reimburse the SHERIFF or COUNTY for all costs and expenses related to the action including all medical expenses, benefits, settlement costs and/or awards. Page 2 of 4 A.13 CONTRACTOR shall obtain and have Workers' Compensation insurance or be permissibly self- insured which includes the coverage of these INMATES. CONTRACTOR agrees to provide INMATES with Workers' Compensation benefits under CONTACTOR's Workers' Compensation insurance policy which shall be the primary insurance for INMATES. B. TERM AND TERMINATION The term of this Agreement shall be for a period commencing on March 2, 2015, or upon the date of approval by the SHERIFF, whichever is later, and ending on June 30, 2020. Notwithstanding the foregoing, this Agreement may be terminated at any time, with or without cause, by CONTRACTOR or by COUNTY, upon written notice given to the other party at least thirty (30) days prior to the date specified for said termination. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other, accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Notwithstanding the foregoing, COUNTY may terminate this Agreement at any time, without advance notice to CONTRACTOR, in the event CONTRACTOR fails to comply with any term of this Agreement. SHERIFF shall have the authority to exercise the COUNTY's rights and authority under this Agreement, including the right to give notice of termination of this Agreement, at his sole discretion. C. INDEMNIFICATION AND INSURANCE REQUIREMENTS C.1 Mutual Indemnification The CONTRACTOR agrees to defend, indemnify and hold harmless the COUNTY, it's officers, employees, agents, and volunteers for any and all claims, losses, actions, damages and/or liability arising out of this Agreement from any cause whatsoever, including any costs or expenses incurred by COUNTY, except as prohibited by law. The COUNTY agrees to defend, indemnify and hold harmless the CONTRACTOR, it's officers, employees, agents, and volunteers for any and all claims, losses, actions, damages and/or liability arising out of this Agreement from any cause whatsoever, including any costs or expenses incurred by CONTRACTOR, except as prohibited by law. C.2 Comparative Fault In the event that the COUNTY and/or CONTRACTOR are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, the COUNTY and/or CONTRACTOR shall indemnify the other to the extent of its comparative fault. C.3 Self-Insurance COUNTY and CONTRACTOR are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement. C.4 Waiver of Subrogation Rights CONTRACTOR shall require the carriers of required coverage's to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CONTRACTOR and CONTRACTOR's employees or agents from waiving the right of subrogation prior to a loss or claim. The CONTRACTOR hereby waives all rights of subrogation against the COUNTY. Page 3 of 4 D. NOTICES All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows: San Bernardino County Sheriff's Department City of Chino Hills Bureau of Administration 010 14000 City Center Drive 655 East Third Street Chino Hills, CA 91709-5442 San Bernardino, CA 92415-0061 Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph. E. ENTIRE AGREEMENT This Agreement represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promise, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Agreement and signs the same of its own free will. Any amendment to this Agreement shall be in writing signed by both parties. City of Chino Hills San Bernardino County Sheriff's Department VW, 411.0.61 Contractor Authorized Signature Sheriff-Coroner Authorized Signature 1lidd.7111 ( j,�/ , �,,_ Shannon D . D i c u s Name of person signing agreement (print or type) Name of person signing agreement (print or type) 4 Aifi/i1 /ei1/ Captain 1 Title Title /— /S 2/27/15 Date Date Page 4 of 4