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HomeMy WebLinkAbout2005-310 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .~ .--'~-"~" ',""-.",,-~_.' ',."...,--~-~.-.... ""'~ . '.--"-"'''''''''-~-=i'7'7'':''~"''1'''9i'~'''"t''''''''-''_~''''''~~''.'_.~' , J RESOLUTION NO. 2005-310 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF THE SCHOOL CROSSING GUARDS PROGRAM BY THE POLICE DEPARTMENT. SECTION 1: The City of San Bernardino and the San Bernardino City Unified School District each pay one-half of the annual costs of school crossing guard program. The prior agreement between the two parties expired June 30, 2005. Program costs for FY 2005/06 will be $300,000. SECTION 2: Pursuant to this determination, the Mayor of San Bernardino is hereby authorized and directed to execute a Services Agreement for FY 2005106 with the San Bernardino City Unified School District renewing the terms and conditions of the new agreement. SECTION 3: The authorization to execute the above referenced Services Agreement is rescinded ifit is not issued within sixty (60) days of the passage of this resolution. III III III III III III III /II --.,~.". 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .,,,,.' '0' '-..- .",~~,~~~~~ .I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF THE SCHOOL CROSSING GUARD PROGRAM BY THE POLICE DEPARTMENT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the 6th day of September , 2005, by the following vote, to wit: Council Members Aves Navs Abstain Absent ESTRADA X - LONGVILLE X McGINNIS X DERRY X KELLEY X JOHNSON X - McCAMMACK ~ ~.J;-~ The foregoing resolution is hereby approved this ~ day of as., pi- , 2005. Approved as to form and legal content: James F. Penman, City Attorney BY: S p~cr q, Co,..., Sf. J --~-, ".->' .,-,- ',- ... , rr- ,'" '91.,19"""'-. . ORIGINAL Contract No: 05/06-715-0076 POA SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, CA 92410 CROSSING GUARDS SERVICE AGREEMENT ADMINISTRATIVE SUPPORT'S OFFICE TIllS AGREEMENT is made and entered into this 18th day of May 2005. by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. hereinafter referred to as the "DISTRICT" with its principal place of business at 777 North "F" Street. San Bernardino. California 92410, and CITY OF SAN BERNARDINO - POLICE DEPARTMENT. hereinafter referred to as "CITY" having a business address at 710 N. "D" Street. San Bernardino. California 92401. I. TERM OF AGREEMENT A. This Agreement is effective beginning Julv 1. 2005. and continuing through June 30. 2006. The school year is from July 1 to June 30 of each succeeding year. II. CI1Y'S SCOPE OF WORK A. The CI1Y's Police Department shall provide crossing guards for children attending schools within the DISTRICT. B. The CI1Y will train. schedule. provide and supervise personnel in accordance with this Agreement and the rules and regulations of the State of California. C. The CI1Y will maintain adequate reserve personnel to furnish alternate guards in the event that any person fails to report for work at the assigned time and location. D. Crossing guards will be provided by the CI1Y at the designated locations. at the designated hours on all days that the designated schools in the DCISTRICT are in session. E. Crossing guards are employees of the CI1Y and it shall be their responsibility of the CI1Y to provide crossing guards with identification as such. including appropriate designation on crossing guard apparel. The apparel shall be worn at all times while the crossing guards are on duty. F. It is the responsibility of the CI1Y to report to the School and the DISTRICT Human Resources Department whenever a crossing guard will not be present at any assigned location. G. CI1Y will be responsible for the background and fingerprint clearance for all crossing guards or supervisors who may come into contact with DISTRICT students as described in Education Code 45122.1 and shall return the DISTRICTs Contractor Certification form stating that this requirement has been met. City of San Bernardino Police Department: Crossing Guards Page 1 of 4 Contract No: 05/06-715-0076 POA III. GENERAL RESPONSIBILITIES OF THE CI1Y A. The CI1Y is ultimately responsible for the results to be achieved under this Agreement. The CI1Y itself. or others hired by the CI1Y and under the control of the CI1Y. may provide the services necessaty to achieve the results required under this Agreement. B. It is the CI1Ys responsibility to communicate with the individual school sites to acquire a school calendar and determine need and timelines. C. The CI1Y will perform services to achieve the results required hereunder in the CI1Ys own independent way as an independent contractor in the pursuit of the CI1Ys independent calling and not as an employee of the DISTRIcr. D. The CI1Y shall provide all of its own supplies and equipment as may be necessaty within the scope of the results to be achieved. E. The CI1Y shall complete and return to the DISTRIcr the Internal Revenue Service Form W-9. which is included as an enclosure with the Agreement package. N. RESPONSIBILmES OF THE DISTRIcr The DISTRIcr will prepare and furnish to the CI1Y upon the CI1Y's request. such information as is reasonably necessaty to the performance of the CI1Ys work under this Agreement. V. CI1YS FEE AND PAYMENT THEREOF A. In accordance with the negotiation with the CI1Y. the DISTRIcr agrees to compensate the CI1Y for one-half of the cost of services rendered to accomplish the results required hereunder. in a total amount not-to-exceed $150,000.00 (one hundred fifty thousand dollars). The cost for the crossing guard is calculated at the rate of $6.75 per hour. including benefits. Invoices are submitted quarterly (three months). B. The CI1Y's fee is inclusive of all services hereunder and the DISTRIcr will pay no separate amount for travel or other expenses of the CI1Y under this Agreement. C. The DISTRIcr will not withhold federal or state income tax deductions from payments made to the CI1Y under this Agreement. VI. HOLD HARMLESS: A. CI1Y agrees to indemnify and hold harmless the DISTRIcr. its officers. agents. and volunteers from any and all claims. actions or losses. damages. and/or liability resulting from CI1Y's negligent acts or omissions arising from the CI1Ys performance of its obligations under the Agreement. City of San Bernardino Police Department: Crossing Guards Page 2 of 4 ~-w'~~~~ ,.~'"'""''"" 'O""""'~' , " '-"'q"~"', Contract No: 05/06-715-0076 POA B. DISTRICf agrees to indemnify and hold harmless the CfIY. its officers. agents. and volunteers from any and all claims. actions or losses, damages. and/or liability resulting from DISTRICT's negligent acts or omissions arising from the DISTRICT's performance of its obligations under the Agreement. C. In the event the CfIY and/or the DISTRICf is found to be comparatively at fault for any claim. action. loss. or damage which results from their respective obligations under the Agreement. the CfIY and/or DISTRICf shall indemnify the other to the extent of its comparative fault. VII. SPECIAL PROVISIONS: A. INSURANCE REQUIREMENTS: 1. The CI1Y shall comply with all applicable federal. state and local laws. rules. regulations. and ordinances. including workers compensation insurance laws. The CfIY shll provide. through insurance policies or self-insurance. workers compensation insurance coverage for its employees who provide services hereunder. and insurance coverage or self-insurance for any and all claims for damages. injury. death or liability it may sustain or impose on others including the DISTRICf. 2. The CfIY certifies it will not discriminate on the basis of race. color. national origin. ancestry. sex (including sexual harassment). marital status. handicap. disability. medical condition. religion. or age in any of its policies. procedures. or practices in compliance with all applicable state and federal laws. 3. This shall not be assignable except with the mutual written consent of the parties hereto. 4. This Agreement may be amended by the mutual written consent of the parties hereto. 5. Either party may terminate this Agreement with a thirty (30) day written notice. If terminated. the DISTRICf will pay its share for all the services rendered through the effective day of termination. VIII. COMPLETE AGREEMENT This Agreement. including exhibits. terms on the purchase order and addenda incorporated herein by reference. represents the entire agreement and understanding between the parties. The terms of this Agreement will prevail over any different or additional terms in CI1Y's proposal or other forms unless agreed in writing by DISTRICf. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties. City of San Bernardino Police Department: Crossing Guards Page 3 of 4 "-~-.-" Contract No: 05/06-715-0076 POA IN WITNESS WHEREOF. the parties have executed this Agreement as set forth below. CI1Y OF SAN BERNARDINO SAN BERNARDINO CI1Y UNIFIED S HOOL DISTRICf 2:.~ Date: q- $(- D5 Date: b - 2..-~ -0-5"'" City of San Bernardino Police Department: Crossing Guards Page 4 of 4 "r'" --C',"-'<- ~~' -"'-""--~------~""----- -- ' '-' Contract No: 05/06-715-0076 POA 1 ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino. CA 92410 CROSSING GUARDS SERVICE AGREEMENT ADMINISTRATIVE SUPPORr'S OFFICE THIS AGREEMENT is made and entered into this 18th day of May 2005. by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. hereinafter referred to as the "DISTRICT" with its principal place of business at 777 North "F" Street. San Bernardino. California 92410. and CITY OF SAN BERNARDINO - POLICE DEPARTMENT. hereinafter referred to as "CITY" having a business address at 710 N. "D" Street. San Bernardino. California 92401. I. TERM OF AGREEMENT A. This Agreement is effective beginning Julv 1. 2005. and continuing through June 30. 2006. The school year is from July 1 to June 30 of each succeeding year. II. CI1Y'S SCOPE OF WORK A. The CI1Y's Police Department shall provide crossing guards for children attending schools within the DISTRICI'. B. The CI1Y will train. schedule. provide and supervise personnel in accordance with this Agreement and the rules and regulations of the State of California. C. The CI1Y will maintain adequate reserve personnel to furnish alternate guards in the event that any person fails to report for work at the assigned time and location. D. Crossing guards will be provided by the CI1Y at the designated locations. at the designated hours on all days that the designated schools in the DCISTRICI' are in session. E. Crossing guards are employees of the CI1Y and it shall be their responsibility of the CI1Y to provide crossing guards with identification as such. including appropriate designation on crossing guard apparel. The apparel shall be worn at all times while the crossing guards are on duty. F. It is the responsibility of the CI1Y to report to the School and the DISTRICI' Human Resources Department whenever a crossing guard will not be present at any assigned location. G. CI1Y will be responsible for the background and fingerprint clearance for all crossing guards or supervisors who may come into contact with DISTRICI' students as described in Education Code 45122.1 and shall return the DISTRIcrs Contractor Certification form stating that this requirement has been met. City of San Bernardino Police Department: Crossing Guards Page lof4 .,-,..,~, 'C".O~~f""~' ". . . , _. c ....."" , ' ,~ ''''"_~ ~_"c"..c"".'h'.' -" , ~-~- Contract No: 05/06-715-0076 POA < III. GENERAL RESPONSIBILITIES OF TIlE CI1Y A. The CI1Y is ultimately responsible for the results to be achieved under this Agreement. The CI1Y itself, or others hired by the CI1Y and under the control of the CI1Y, may provide the services necessary to achieve the results required under this Agreement. B. It is the Cl1Y's responsibility to communicate with the individual school sites to acquire a school calendar and determine need and timelines. C. The CI1Y will perform services to achieve the results required hereunder in the Cl1Y's own independent way as an independent contractor in the pursuit of the Cl1Y's independent calling and not as an employee of the DlSTRICf. D. The CI1Y shall provide all of its own supplies and equipment as may be necessary within the scope of the results to be achieved. E. The CI1Y shall complete and return to the DlSTRICf the Internal Revenue Service Form W-9, which is included as an enclosure with the Agreement package. IV. RESPONSIBILmES OF TIlE DlSTRICf The DlSTRICf will prepare and furnish to the CI1Y upon the CI1Y's request, such information as is reasonably necessary to the performance of the Cl1Y's work under this Agreement. V. Cl1Y'S FEE AND PAYMENT TIlEREOF A. In accordance with the negotiation with the CI1Y, the DlSTRICf agrees to compensate the CI1Y for one-half of the cost of services rendered to accomplish the results required hereunder. in a total amount not-to-exceed $150,000.00 (one hundred fifty thousand dollars). The cost for the crossing guard is calculated at the rate of $6.75 per hour, including benefits. Invoices are submitted quarterly (three months). B. The CI1Y's fee is inclusive of all services hereunder and the DlSTRICf will pay no separate amount for travel or other expenses of the CI1Y under this Agreement. C. The DlSTRICf will not withhold federal or state income tax deductions from payments made to the CI1Y under this Agreement. VI. HOLD HARMLESS: A. CI1Y agrees to indemnify and hold harmless the DlSTRICf, its officers, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from Cl1Y's negligent acts or omissions arising from the CI1Y's performance of its obligations under the Agreement. City of San Bernardino Police Depamnent: Crossing Guards Page 2 of 4 ~-~---, '- -, , . Contract No: 05106-715-0076 POA .. B. DISTRICf agrees to indemnify and hold harmless the CrIY. its officers. agents. and volunteers from any and all claims. actions or losses. damages. and/or liability resulting from DISTRICf's negligent acts or omissions arising from the DISTRICf's performance of its obligations under the Agreement. C. In the event the CrIY and/or the DISTRICf is found to be comparatively at fault for any claim. action. loss, or damage which results from their respective obligations under the Agreement, the CrIY and/or DISTRICf shall indemnify the other to the extent of its comparative fault. VII. SPECIAL PROVISIONS: A. INSURANCE REQUIREMENTS: 1. The CrIY shall comply with all applicable federal. state and local laws. rules, regulations, and ordinances. including workers compensation insurance laws. The CrIY shll provide, through insurance policies or self-insurance, workers compensation insurance coverage for its employees who provide services hereunder. and insurance coverage or self-insurance for any and all claims for damages. injury. death or liability it may sustain or impose on others including the DISTRICf. 2. The CI1Y certifies it will not discriminate on the basis of race, color, national origin. ancestry, sex (including sexual harassment), marital status, handicap. disability. medical condition, religion, or age in any of its policies. procedures. or practices in compliance with all applicable state and federal laws. 3. This shall not be assignable except with the mutual written consent of the parties hereto. 4. This Agreement may be amended by the mutual written consent of the parties hereto. 5. Either party may terminate this Agreement with a thirty (30) day written notice. If terminated. the DISTRICf will pay its share for all the services rendered through the effective day of termination. VIII. COMPLETE AGREEMENT This Agreement. including exhibits, terms on the purchase order and addenda incorporated herein by reference. represents the entire agreement and understanding between the parties. The terms of this Agreement will prevail over any different or additional terms in CI1Y's proposal or other forms unless agreed in writing by DISTRICf. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties. City of San Bernardino Police Department: Crossing Guards Page 3 of 4 ~i":l~' ~... .",..~.. ... .. -, ....., , ... .... ".~..~.. , . '_'_.F..'"'''''' qW,.."............,',.,...~.,'....~~.=... --=-,-,,,,,..tc:=-,"_-""'_'''~~~ CantIael No: 05/06-715-0076 POA IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CllY OF SAN BERNARDINO SAN BERNARDINO CllY UNIFIED SCHOOL DISTRICT 2~~ M Z. ISLAM Assistant Superintendent Business Services Division Date: q-[f)-05 Date: ,- 2..'1- O~ City of San Bernardino Police Department: Crossing Guards Page 40f 4 _._ __u - u_" 0-% ~ 1h& Arturo Delgado, Ed.D. Superintendent ,...., <::-:::::') ~. ~-.:> ~., 1J Mohammad Z. Islam, Assistant Superintendent, Business and Finance July 6, 2005 o ..-- --1;:0 .< m ~ ):""0 --i r''"l ---\ ~ ~..Jo Mr. Bob Simmons, City Attorney City of San Bernardino, Police Department 300 North D Street, 6th Floor San Bernardino, CA 92418 -0 ,--~ < =3 '~,'1 ~0 i~" ) Dear Mr. Simmons: Please find enclosed the Crossing Guards Agreement, initiated by our Business Services Department. In addition, please find enclosed the following documents: ./ Substitute W-9 Form ./ District Policies ./ Laws Regulating Criminal Background Checks ./ Contractor Fingerprinting Certification/Request for Waiver Form Please return one fully signed copy of the agreement signed by you and the completed forms to me at the address listed below no later than Monday, July 18, 2005. You may retain both the copy of the District Policies and the Laws Regulating Criminal Background Checks, as referenced in the Agreement. Thank you in advance for your cooperation. Please feel free to call me or contact me via e-mail if you have any questions. My telephone number and e-mail address are both listed below. ~c.z. ace O. Aneke, Contract Analyst Contracts Section Enclosure (6) PURCHASING DEPARTMENT 777 No. "F" Street. . San Bernardino, CA 92410. (909) 381-1273 . Fax (909) 381-0989 Peace.O.Aneke@sbcusd.com -, '" __m,,,,__c_"~_ __ _ --, -,~ San Bernardino City Unified School District Purchasing services Division -- Contractor Certification -- Concerning Department of Justice (DOJ) fingerPrint and criminal background ). Investigation requirements of Education Code section 45125.1 et seq. With respect to the Agreement dated Hay 18, 2 e e s ' between the San Bernardino City Unified School District - "DISTRICT" and City oEll San 8eraarai8o polie:e: Dept. - "CONTRACTOR: for provision of C'rQ& Ii iR 9 Guard.s services: REQUIREMENTS MET A) 0 The CONTRACTOR hereby certifies to the DISTRICT's governing board that it has completed the criminal background check requirements of Education Code (EC) section 45125.1 and that none of its employees that may come into contact with DISTRICT students have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c). --0 R-- IMPORTANT NOTICE: IF YOU ARE REQUESTING A WAIVER, BE ADVISED THAT NO SERVICES ARE TO BE PROVIDED UNTIL SUCH WAIVER IS APPROVED. REQUEST FOR WAIVER B) 0 The CONTRACTOR requests a waiver of the Department of Justlce(DOJ) fingerprint and criminal background investigation for the following reason(s) permitted by Education Code section 45125.1 et seq. I o The CONTRACTOR and its employees will have NO CONTACT with pupils. (No school-site services will be provided.) o The CONTRACTOR and its employees will have LIMITED CONTACT with pupils. (Attach information about length of time on school grounds, proximity of work area to pupil areas, whether CONTRACTOR/its employees will be working by themselves or with others, and any other factors that substantiate limited contact.) [EC 45125.1 (c)) o The CONTRACTOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupils but will assure that ONE(l) OR MORE of the following methods are utilized to ensure pupil safety. [EC 45125.2(a)) -- Check all methods to be used: o 1) Installation of a physical barrier at the worksite to limit contact with pupils o 2) Continual supervision and monitoring of all employees of the CONTRACTOR by an employee of the CONTRACTOR who has not been convicted of a serious or violent felony as ascertained by the DOJ D 3) Surveillance of employees of the CONTRACTOR by school personnel o The services provided by the CONTRACTOR are for an "EMERGENCY OR EXCEPTIONAL SITUATION, such as when pupil health or safety Is endangered or when repairs are needed to make school facilities safe and habitable" [EC 45125.1 (b)] CERTIFICATION I WAIVER REQUEST BY CONTRACTOR AUTHORIZED AGENT: MAynr Signature Title Date Office use only BOTH APPROVALS BELOW ARE REOUlRED: WAIVER REQUEST: APPROVED By: Date Mohammlld Z Islllm, ASlllstant Superintendent Business ServIces Division OR other Authorized Agent WAIVER REQUEST: DENIE By: Date Hllrold Vol/kommer, Assistant Superintendent, Humlln Resources Dtvision OR other AuthorIzed Agent Revised 8/13/03 ~'"--W"''''' ' '. .~--- Vendor/Customer Name and Address (Type or place label here) ',,~O"" ,,~, '''0 , 'O~~'~, Vendor Tax Information (Substitute Form W-9) INDIVIDUAL Name of Individual as it appears on Social Security Card Social Security Number (SSN) Resident of California(Check one) YES NO SOLE PROPRIETOR Name of Individual Owner Business Name Taxpayer Identification Number I SSN (Use number lhallncome from business will be reported under) Resident of California(Check one) YES NO PARTNERSHIP Name of Partnership Federal Identification Number Resident of California(Check one) YES NO CORPORATION Name of Corporation Federal Identification Number Qualified to do business in California and/or perma- nent place of business in California(Check one) , YES NO TAX EXEMPT ORGANIZATIONlENTITY Name of Organization or Entity Department or Unit, if applicable Federal Identification Number Why Are You Tax Exempt? I hereby certify under penalty of perjury that the Information provided on this document Is true and correct. Signature Title Date Tel No. Return this Form to: Failure to furnish correct Information and return SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT this form will subject our payment(s) to you to 777 North 'F' Street 31% backup withholding per IRS regulations. San Bernardino, CA 92410-3017 Attn: Peace Aneke, Contract Analvst W-9FORM ~-v-~.- .. . d~'T"""""-'- - .=.~ - CIty d San BemIrdIno HWIllIn R~1Ik MIn8gement DIviIion 300 N. "0" Street Sill Bemardlno, CA 92418 _. II. " I 11 unn UvIngeton Human RIIOIRa Dnctor Fred WIIIon cay Adm/IlIIIrIllOI CERTIFICATE OF INSURANCE _ ., - .INSURANCE In the event of ClIIICeIatIon of the M1f-nurance progrIIma or ~ _1gn8led below, Ills the Intent of the City of San Bemlrcllno to IllIIn 30 dIya' prior noIIce Ilnaf to: PlIIC8 O. AIlIke, CorIIrKt Analyat ~0epMmelt San &em.1lIno UnIlIId SChool DIIIrId m N. 'F' 8IrHl: San knIrdIno, CeHromIa 82410 The City of San Bernarcllno cert111e8 that the foIowIng 8Ilf-llllW8nce progrIma or Nurlnce po~ .. In force: Crossing guanls Service Contract Agreement betl:J8en the San BemaRtlno City Unified School district and the CIty of San Bernardino Police Department The City of San Bernardino Police Department shaH provide Crossing guards for children attending schools within the SIn Bernardino City Unified SChool district. this Agreement Is effec:tIve from July 1, 2005 through June 30, 2006. LIMITS Of UABlUTV COMPANY AND POUCY TYPE OF COVERAGE POUCY NO. PERIOD BodilY Inlurv P D...- Compre/leIlIIve General Llebllly Self-insured Indeffnlte $1,000,000 Combined Single Umits IncI. Auto Uebllty EIIl8II Comprehenllve General LIebIIIIy IncI. Auto Uebllly Worbrs' Compensation Self-insured Indeffnlte SbItutoIy No C01I8I'I/fIfI 0 T H E R ThIa CllItIlIcIU II not VIIIId unIIIa oour.lIglled by an UhorIzed ........181I... of the cay d San BernIrdnO, RIIk M1111g111l8n1 DivIIIon. 00: 7f.ZSl/D5 Dete on;1::::'-:-V~ ~J- AuthorIzed RIIJI'8MI'IIatIve Signature For information regarding the .bow self-lnaul8nce policies, ..... conl8d Risk taMgement Division III (909) 384-5308. ~ ~"'~~~ CCC C .'CC=""'~_O' o ~~ C C C C "".C" CO ,~cc -OW^' C (:. .. .,' < CC ....... "I. San Bernardino City Unified School District Business and Non-Instructional Operation Policies San Bernardino Oty Unified School District Purchasing Department 777 North -Fn Street San Bemardino, California 92410 (909) 381-1126 om - .. ,-......,.. ..._~-- - ~" . BUSINESS AND NON- INSTRUCTIONAL OPERATION Policy No. 3S20a SMOKING AND THE USE OF TOBACCO ATDlSTRICf FACIT..ITlES The Board of Education of the San Bernardino City Unified School District recognizes the increasing evidence of health hazards resulting from'the use of tobacco products. It also recog- nizes that there are people who choose to use to~ products. Therefore, in the best interests of the District and its students and employees, the Board of Education establishes the following policy on smoking at District facilities. 1.0 S mokini at District Facilities 1.1 Students It shall be the policy of the San Bernardino City Unified School District to enforce the laws on student smoking and use of tobacco products as detailed in the Education Code and other regulations: Education Code Section 48901: :1) No school shall pennit the smoking or use of tobacco, or any product containing tobacco or nicotine products, by pupils of the school while the pupils are on campus, or while attending school-sponsored activities~r while under the supervision and control of school district employees. b) The governing board of any school district maintaining a high school shall take all necessary steps it deems practical to discourage students from smoking. 1.2 Non-Students Effective July 1. 1995, smoking and the use of tobacco products by employees and visitors will be prohibited on all District property and in all District vehicles. Appropriate notices shall be posted. (Health and Safety Code Section 24167.) 1.3 Site administrators and supervisors will enforce smoking and tobacco regulations as set forth in this policy. 2.0 Assistance The District will make available to employees and students a list of clinics and other agencies that provide programs which assist individuals who wish to stop smoking or using other tobacco products. It will also keep members of the District infonned of "". - -\ a' "-" .....~~.7"""c~'V" ~ - ~-c"'?m-~,~'=-~'""'~- r --- "' "" .- BUSINESS AND NON- INSTRUCTIONAL OPERATION Policy No. 3S20b ,- current research about the elettimental effects of smoking, smoke inhalation and tobacco usage. 3.0 Enforcement All e~ployees will comply and are expecZ~~~liCY' Adopted by Board of Education: September 3. 1991 Revised: December 20. 1994 Revised: June 6, 1995 ~ """ -<<"-r ~~,.:;=~:":t.7':;,-Z~~~::':,!"'~~_'-~'W'-" . , PERSONNEL Policy No. 4136 AFFIR.\.fA TIVE ACTION PROGRA~r FOR EOUAL EMPLOYMEl'l'T OPPORTUNITY Statement of Policv The Board of Education of the San Bernardino City Unified School District, in compliance with Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503' and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, the federal Family and Medical Leave Act, California Family Rights Act and Fair Employment and Housing Act. reaffirms its policy as an Equal Opportunity/Affirmative Action employer to ensure that all persons are provided equal opportunity in employment and 'education and to prohibit discrimination on the basis of race, color, sex, age, national origin, ancestry, marital status. physical disability. mental disability. medical condition. religion. family care and medical le:lve entitlement. or veteran's st:ltus. and to make reasonable accommodations to the physical :lnd mentallim.it:ltions of qualified individu:!.ls with disabilities to the extent feasible, The Board recognizes its leg:!.l and moral responsibility to society, in general. and specifically to ensure th:!.t progress is being made toward increasing the level of representation of minorities. women, and the disabled in the work force with their avai1:lbility in the labor pool. Therefore, an Afrirm:ltive Action Employment Program was adopted in 19;3 and institutionalized as an ongo- ing commiti7',ent to ensure that all employment actions such as recruitment. hiring promotions and placememdecisions are made solely on the basis of an individual's merit and qualifications without reg:l.rd to race. color, sex. age, national origin, ancest;:-', marital status, physical disabil- ity. mental disability, medical condition, religion, family care leave entitlement or veteran's status, and all other personnel activities which include. but are not limited to, benefits, transfers, demotions. tr:lining, and upward mobility programs. Beyond comFlying with the letter of the law. the District recc-gnizes that within our pluralistic society the educational institution has an obligation to promote cultural, racial, and human . understanding within the communities it serves, An effective method of achieving this objective is to provide students with a District staff which is reflective of both sexes, as well as multiethnic and cultural characteristics.of society. For these reasons, the District will continue to design and develop programs and activities to seek out and attract qualified members of "protected groups" which will Frovice us \vith a broader diversity of Fersonnel ;l::d ultimately reach our desired Affirm:lt:ve Action goals where they are underutilized. :\ote: A cOFY of the Affirmative Action Program H.lndbook is on file in the Affirmative Action Office. Adopted by the Board of Educ:ltion: June 5. 19S0 Revised: September 17. 1996 .~} - 11 n:v w-- ~~..~.",.. PERSONNEL Policy No. 4136.1a NONDtSCRIMIN A TORY HARo\.SSMEI'l-r POLICY PUT1lose: To prevent discriminatory harassment in the work place and educational environment. Reiulation: 1. Policv Statement: The San Bernardino City Unified School District is committed to providing all employees and students a working and learning environment that is free of discrimination in accordance with applicable state and feaerallaws. This nondiscriminatory working and learning environment is for the benefit of all District employees (non-supervisory, supervisors and management) and students. All.employees are expected to fully comply with this policy. Additionally, non- employees who have contact v.ith the District's employees or students during working or educational hours are expected to conduct themselves in accordance with this policy. Absolutely no one is authorized to engage in conduct prohibited by this policy. . In keeping with this commitment to a nondiscriminatory working environment, the District maintains a strict policy prohibiting sexual harassment and harassment r...:d on age over forty, race, color, sex, religious creed, national origin, ancestry, medical conditlvn*, marital statUs. physical or mental disability, or family care and medical leave entitlement in accordance with applicable state and federal laws. This policy prohibits all forms of discriminatory harassment through any means, including nonverbal, verbal (including derogatory comments, slurs, propositions, teasing, jokes or taunts), physical (including gestures, touching, obstructing or otherwise interfering with a person's movement) or visual (including leering, cartoons, drawings, magazines, notes, letters or posters). This policy prohibits all conduct by which an employee or student because ofrace, religious creed, color, national origin, ancestry, physical disability, mental disability, medical.condition., marital status, age over forty, sex or family care and medical leave entitlement, is subjected to unwelcome, offensive, intimidating, oppressive or otherwise interfering harassment. ."Medical Condition" is defined, in accordance with the California Fair Employment and Housing Act, as any health impairment related to or associated v.ith a diagnosis of cancer, for which a person has been rehabilitated or cured, based on competent medical evidence. 2. Sexual Harassment: All of the foregoing apply to complaints of sexual harassment. For the purpose of clarification, prohibited sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, visual or physical conduct of a sexual nature where: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; or (2) submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions effecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with work or _r _~_"","~~.n""" - --, ~"~~",.~,,.~ .,.~ PERSONNEL Policy No. 4136.1b educational performance or creating an intimidating, hostile, or offensive working or learning environment. . Examples of prohibited harassing acts: . Unwelcome sexual advances or sexual propositions Kidding. teasing, or joking of a sexual nature or of other protected bases delineated in Section I. above Graphic commentary about an individual's body, sexual prowess or sexual deficiencies Derogatory or demeaning comments about women in general, epithets, slurs or jokes about one's race, color, national origin, religious creed, disability, age.(40 and over), or marital status Leering or staring at someone Unwelcome suggestive or insulting sounds such as whistles, kissing sounds, howling, or sucking noises Touching, paning, pinching, stroking, squeezing, tickling or brushing against another's body Displaying offensive objects, pictures, calendars, cartoons, magazines, videotapes, audio recordings or literature which are sexual in nature Unwelcome use of sexually degrading language or innuendoes Obscene gestures Consensual sexual relationships where such relationships lead to favoritism of a student or subordinate employee v,.ith whom the teacher or superior is sexually involved and where such favoritism adversely affects other students and/or employees Unwanted neck or shoulder massage Spreading rumors about a person's sexuality Graffiti about a person's sexuality Leners, notes, telephone calls, e-mail or materials of a sexual nature Stalking a person Anempted or actual sexual assault Making or threatening reprisals after a negative response to sexual advances Impeding or blocking of one's movement Repeatedly asking out a person who is not interested . . . . . . . . . . . . . . . . . 3. Enforcement: Disciplinary action up to and including termination will be promptly taken against any employee (non-super.isory, supervisor or manager) ifit becomes knov,.n to management that such person has engaged in conduct prohibited by this policy. 4. No Retaliation: No employee or students shall be retaliated against. in any manner, for reporting conduct which he/she believes to be a violation of this policy, for participating in an investigation ofa possible violation of this policy, or for using the District' s Complaint Procedure. fe o '~Tv'r .. --.' ".. .-- . ~. .' PERSONNEL Policy No. 4l36.1c 5. Complaints: Individuals who have been subjected to discriminatory harassment have an obligation to immediately report the incident or incidents to their immediate supervisor or the District's Affirmative Action Officer, who is also the District's Title IX Coordinator. The complaint will be processed in accordance with the District's Uniform Complaint Policy and Procedure. The procedure set forth pursuant to the District's Uniform Complaint Policy and Procedure docs not deny the right of any individual to pursue other avenues of remedy under the jurisdiction of any state or federal law.. 6. Notifications: Pursuant to Educational Code 212.6, a copy of this policy ~ill be displayed in a prominent location in the main administrative building or other areas of the school site. A prominent location is a location where notices regarding the District's rules, regulations, procedures, and standards of conduct are posted. Also, a copy of this policy .....-ill be provided to each person employed by the school district at the beginning of the first quarter or semester of the school year, or at the time that a new employee is hired. , A copy of this written policy on sexual harassment Vwill appear in any District publication that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the District. Site administrators or immediate supervisors who receive a sexual harassment incident report from any employee, non-employee or the public are required to submit a report to tb.e Affirmative Action Office in order for the Affirmative Action Office to maintain a record of complaints. Adopted by the Board of Education: June 26, 1984 Revised: January 21,1992 Revised: July 6, 1993 Revised: February 18, 1997 ..., '". ce" """V"'~-~,'_, "'''''- " PERSONNEL Policy No. 4205. DRUG-FREE WORKPLACE The San Bernardino City Unified School District provides a drug-free workplace for all its employees. The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited during working hours, at District activities, or on District .property. This includes being unlav.fully under the influence of a controlled substance during working hours, at District activities, or on District property. Violation of this policy will result in disciplinary action up to and including dismissal from District employment. The District offers an Employee Assistance Program (EAP), which includes drug co~e1ing and rehabilitation. Employees may use the EAP free of charge. All EAP counseling is confidential. Employees must notify the District of any criminal drug statutory conviction for a violation occurring in the workplace no later than five (5) days after such a conviction. The Superintendent or his designee shall notify the applicable federal agency within tep. (10) days after receiving notice of an employee's workplace conviction or otherwise receive the actual notice of such a conviction. The Superintendent or his designee shall prepare procedures to implement this policy. This drug-free workplace policy shall be communicated to all employees. Pre-emplovment All candidates for initial employment must be tested for illegal drugs following a conditional offer of employment and prior to working. In addition. all candidates for employment in safety sensitive occupations, including the following: School Police, School Police Dispatch, Campus Security, School Security, and all positions requiring a commercial dri.....er.s license, must be tested for illegal drugs following a conditional offer of employment and prior to working in the safety sensitive job. Random. and Post-Accident Alcohol and Drui Testini At least 50 percent of all employees in positions requiring a commercial driver's license must be random tested for alcohol and drugs. Testing must be performed quarterly. Employees in positions requiring a commercial driver's license must be tested for alcohol and drugs following an accident resulting in any of the folloVving circumstances: 1) a fatality; 2) someone requiring medical treatment away from the accident scene; 3) one of the vehicles involved being towed from the scene; andior 4) the District's dri.....er receiving a citation arising from the accident. NOTE: See related Procedure No. 421 Oa-b Adopted by the Board of Education: April 18, 1989 Amended: August 2, 1994 Amended: December 2, 1997 ~. ...., .,__~.,h) m, '<."~~"'IT['.'O<' ',,, ,'" .- ,..' \,.'. . Laws Regarding Criminal Background Checks Fin er rintin ) , ~3,~j,:,,: California Education Code 'Section 45125.1 --_. - --' ~ ' -"'""',,~ Laws Regarding Criminal Background Checks (Fingerprinting) Page I of7 California Education Code Section 45122.1. (a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony shall be employed by a school district pursuant to this chapter. A school district shall not retain in employment a current classified employee who has been convicted of a violent or serious felony, and who is a temporary, substitute, or a probationary employee who has not attained permanent status. (b) This section applies to any violent or serious offense which, if committed in this state, would have been punishable as a violent or serious felony. (c) (I) For purposes of this section, a violent felony is any listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (2) For purposes of this section, the term "school district" has the same meaning as defined in Section 41302.5. (d) When the Department of Justice ascertains that an individual who is an applicant for employment by 3j school district has been convicted of a violent or serious felony, the departm.::nt shall notify the school district of the criminal information pertaining to the applicant. The notification shall b.:: delivered by tdephone and shall be confirmed in \\Titing and delivered to the school district by first-class mail. (d) l'iotwithstanding subdivision (a). a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent of serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) ofTitle 6 of Part 3 of the Penal Code. (e) ~otwithst:lOding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question. by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. (f) ~otwithstanding any other provision oflaw, when the Department of Justice notifies a school district by telephone that a current temporary, substitute, or probationary employee who has not attained permanent status. has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives \\Titten notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and \vithout regard to any other procedure for termination specified in this code or school district procedures unless the employee, challenges the record of the Department of Justice and the Department of Justice withdraws in \'-Tltlng ,t~ notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated \vith full restoration of salary and bend!ts for the period of time from the suspension without pay to the reinstatement. (g) Notwithstanding Section 47610, this section applies to a charter schoo\. ~V""1i1i" " " _ ,n.,. -_....,,~ ~ ., - '. California Education Code Section 45125.1. (a) Except as provided in subdivisions (b) and (c), if the employees of any entity thathfls a contract with a school dis.trict, a~ defined in Section 41302.5, to 'provide any of ~he following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application: (I) S.:hool and classroom janitorial. (2) S.:hoolsite administrative. (3) Schoolsite grounds and landscape maintenance. (4) Pupil transportation. (5) Schoolsite food-related. (b) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district in an emergency or exceptional situation; such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (c) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district when the school district determines that the employees of the entity will have limited contact with pupil:>. In determining whether a contract employee has limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others, If a school district has made this determination, the school district shall take appropriate steps to protect the saferv of any pupils that may come in contact with these employees. td) A school district may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (a) or those described in Section 45125.2 and the entity's employees to comply with the requirements of this section, unless the school district determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee \vill have limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a school district makes this determination, the school district shall take appropriate steps to protect the safety of any pupils that may come in contact \vith these employees. If a school district requires an entity providing services other than those listed in subdivision (a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision, (e) (I) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to SUbdivision (a) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department. Upon implementation of an electronic fingerprinting system \vith terminals located statewide and managed by the Department of Justice, the department shall ascertain the information required pursuant to this section within three working days. Wnen the Department of Justice ascertains that an indl'iidual whose fingerprints were submitted to it pursuant to subdivision (a) has a pending criminal proceeding for a felony as defined in Section 45122, I or has been convicted of a felony as defined in Section 45122. I, the department shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or electronic mail to the employer. 2 ~vT"" (2) (3) The Department of Justice, at its discretion, may notify the school district in instances when the employee is defined as having a pending criminal proceeding described in Section 4S 122.1 or has been convicted of a felony as defined in Section 4S 122.1. . . The Department of Justice may forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses which, if committed in California, would have been punishable as a violent or serious fdony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 4S 122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication. (f) An entity having a contract as specified in subdi'vision (a) and an entity required to comply with this section pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 4S 122. 1. (1) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certiticate of rehabilitation and pardon pursuant to Chaptel13.S ~Icommencing with Section 4852.0 I) ofTitle 6 of Part 3 of the Penal Code. (2) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the pu:-poses of schoolsite employment for at least one year. [f the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is resident. (g) An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall certify in writing to the school district that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as de tined in Section 45 122.1, (h) An entity having a contract as specified in subdivision (a) on the effective date of this section and an entity required to comply with this section pursuant to subdivision (d) by a school district with which it has a contract on the effective date of the amendments made to this section during the 1997-98 Regular Session shall complete the requirements of this section within 90 days of that date. (il For purposes, of this section, a charter school shall be deemed to be a school district. (j) Where reasom.ble access to the statewide electronic fmgerprinting network is available, the Depa:rme.n' of Justice may mandate electronic submission of the fingerprint cards and other information requlrec. 0:. this section. .., ) ~",",~"<,., ,.. California Penal Code Section 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows: (a) Where one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefore, the court shall impose a three-year tenn for each prior separate prison term served by the defendant where the prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction. (b) Except where subdivision (a) applies, where the new offense is any felony for which a prison sentence is imposed, in addition and consecutive to any other prison terms therefore, the court shall impose a one- year term for each prior separate prison term served for any felony; provided that no additional term shall be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction. (c) For the purpose of this section, "violent felony" shall mean any of the following: (I) Murder or voluntary manslaughter. (2) ~b.yhem. (3) Rape as defmed in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. (4) Sodomy by force. violence, duress, menace, or fear of immel1iate and unlawful bodily injury on the victim or another person. (5) Oral copulation by force, violence. duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (6') Lewd acts on a child under the age of 14 years as de tined in Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) .~.....r1Y felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7 or 12022.9 on or after July I, 1977, or as speci fied prior to July 1, 1977, in Sections 2\3, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in Sectior 12022.5 or 12022.55. (9jAny robbery. (10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) The offense defmed in subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury or the victim or another person. (12) Attempted murder. (13) A violation of Section 12308, 12309, or 12310. (14) Kidnapping. (\5) Assault with the intent to commit mayhem. rape, sodomy. or oral copulation, in violation of Section 220. (\6) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) A violation of Section 264.1. . . (19) Extortion, as defined in Section 518, which \vould constitute a felony violation of SectIOn 186.22 of the Penal Code. (20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code. 4. ~"v,''','',' >, cO'"~ ce, , "' . ce, (21) Any burglary of ~he first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary, (22) Any violation of Section 12022,53. (23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society's condemnation for these extraordinary crimes of violence against the person. (d) (e) (f) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody or until release on parole, whichever first occurs, including any time during which the defendant remains subject to reimprisonment for escape from custody or is reimprisoned on revocation of parole. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense. The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term'in state prison, A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison if the defendant served one year or more in prison for the offense in the otherjurisdiction, A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction. (g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a ne\v commitment to prison, and including any reimprisonment after an escape from incarceration, (h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement. (i) For the purposes of this section, a commitment to the State Department of Mental Health as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term. (j) For the purposes of this section, when a person subject to the custody, controL and discipline of the Director of Corrections is incarcerated at a facility operated by the Department of the Youth Authority. that incarceration shall be deemed to be a term served in state prison. (k) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of tr:e new otTer.5es is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section. This subdivision shall not apply when a full, separate. and consecutive term is imposed pursuant to any other provision of law. 5 - ," ".'" " '" " " _'"C'75V'~ California Penal Code 1192.7. (a) Plea bargaining in any case in which the indictment or information charges any serious felony, any felony in which it is alleged that a firearm was personally used by the defendant, or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited, unless there is insufficient evidence to prove the people's case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. As used in this section "plea bargaining" means any bargaining, negotiation, or discussion between a criminal defendant, or his or her counsel, and a prosecuting attorney or judge, whereby the defendant agrees to plead guilty or nolo contendere, in exchange for any promises, commitments, concessions, assurances, or consideration by the prosecuting attorney or judge relating to any charge against the defendant or to the sentencing of the defendant. As used in this section, "serious felony" means any of the following: (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under the age of 14 years: (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly \veapon or instrument on a peace officer; (12) assault by a life prisoner on a non-inmate; (13) assault with a deadly weapon by an inmate; (14) arson: (15) eXPloding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping: (21) holding ofa hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly \veapon; (24) selling. furnishing, administering, giving, or offering to sell, furnish. administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine- related drug. as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlavv'ful bodily injurj on the victim or another person~ (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon. or semiautomatic fiream1 or assault on a peace officer or firefighter, in violation of Section 245: (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert \vith another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 12034; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision. As used in this section, "bank robbery" means to take or attempt to take, by force or violence. or by intimidation from the person or presence of another any property or money or any other thing of \':llue (b) (c) (d) 6 , . .~~.~. .>".. ~" > -'P" .'. '>". "",""'~' ',' .m,' " "'). ,"--)',,"~""C~"':-:'.':::>;~V"' " belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association. As used in this subdivision, the following terms have the following meanings: (I) "Bank" means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation. (2) "Savings and loan association" means any federal savings and loan association and any "insured Institution" as defined in Section 40 I of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act (3) "Credit union" means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union administration. (e) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rol \call vote entered in the journal. two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors. . 7