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Home My WebLink About18-Police Department e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION From: Michael A Billdt, OUef of Police Subject: Resolution of the Mayor and Common Council of the Gtyof San Bernardino authorizing the execution of a contract with the County of San Bernardino Probation Department to participate in the grant funded juvenile accountability program known as Intervention and Management of Probationer Accountability and Compliance of Tenns (IMPACT). M/CCMeeting Date: 2/5/2007 Dept: Police Department Date: January 10, 2007 Synopsis of Previous Council Action 1-16-07 Grants Ad Hoc Committee approved the Request for Council Action for the 2006 IMP ~CT contract with the County of San Bernardino Probation Department to be submitted to the full Council. Resolution # 2005- 387 ratified, authorizing a third amendment to the IMPACT MOD. Resolution # 2004-343 ratified, authorizing a second amendment to the IMPACT MOD. Resolution # 2002-116 ratified, authorizing an amendment to the IMP ACT MOD. Resolution # 2001-73 ratified, authorizing the execution of the IMP ACT MOD. 11-21-05 11-1-04 4-15-02 4-16-01 Recommended Motion: Adopt resolution. L;u~ -{1j[j);-- MIGIAEL A BILLDT, CHIEF OF POUCE Contact person: Captain Steve Klettenberg Phone: 384-5606 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $107,497 Source: IMPACT Grant Funds Council Notes: Finance Agenda Item NO.-l.S..-- J..lsj07 tit e tit CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract with the County of San Bernardino Probation Department to participate in the grant funded juvenile accountability program known as Intervention and Management of Probationer Accountability and Compliance of Terms (IMPACT). BACKGROUND On April 16, 200 I, the City Council ratified Resolution #2001-73 authorizing the execution of a Memorandum of Understanding (MOU) with the San Bernardino County Probation Department. The MOU defined the operating agreement between the two organizations as they administer the IMPACT grant. This MOU was amended pursuant to Resolution #2002-116, ratified on April 15,2002 and again in FY 2004/05 and FY 2005/06 to redefine the time period of the grant and agreed upon reimbursement amounts to the City. IMP ACT initially consisted of five two-man teams, each team consisting of one probation officer and one police officer. One police sergeant and a probation supervisor supervise the unit. IMPACT is funded by two grants. The primary grant is a Bureau of Justice Assistance Innovative Concept grant that is administered by the County Probation Department. This grant initially paid for four of the IMP ACT teams, the probation supervisor, and partial payment of the police supervisor. IMPACT received additional funding from the City's Juvenile Accountability Incentive Block Grant (JAIBG) funds. JAIBG paid for the majority of the personnel cost for the fifth IMP ACT team. The remaining City personnel costs are funded through asset forfeiture funds. The JAIBG grant was not renewed for FY 2004/05 as the program purpose areas were changed to where IMPACT type programs are not funded. Probation Department's IMPACT grant was renewed for FY 2004/05 and FY 2005/06 at a reduced funding level. The reduced funding level caused the Probation Department to continue the program with one two-man team, consisting of one probation officer and one police officer. Probation is proposing to fund the salary and benefits of one police officer for FY 2006/07 at an amount not to exceed $107,497. A County of San Bernardino standard contract defines the operating agreement between the two agencies, including the agreed upon reimbursement for the police officer assigned to the IMPACT program. FINANCIAL IMPACT The IMP ACT grant will have no direct cost to the City. Costs associated with the continuing the IMPACT program will be covered by the IMPACT grant administered by the County of San Bernardino Probation Department. The City of San Bernardino Police Department as a subgrantee will receive $107,497 towards the salary and benefits cost of one (I) police officer assigned to the program. This grant was factored into the City's adopted General Fund budget for FY 2006/07. e e e RECOMMENDATION Adopt Resolution. Attachments: Proposed County of San Bernardino standard contract for the IMPACT program. I . tit e tit RESOLUTION NO. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT TO PARTICIPATE IN THE GRANT FUNDED JUVENILE ACCOUNTABILITY PROGRAM KNOWN AS INTERVENTION AND MANAGEMENT OF PROBATIONER ACCOUNTABILITY AND COMPLIANCE OF TERMS (IMPACT). 2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 3 CITY OF SAN BERNARDINO AS FOLLOWS: 4 5 Section l. The Mayor and Common Council of the City of San Bernardino authorize 6 the Mayor to execute a CONTRACT between the City of San Bernardino Police Department and The County of San Bernardino Probation Department to participate in the grant funded 7 8 juvenile accountability program known as Intervention and Management of Probationer 9 Accountability and Compliance of Terms (IMPACT). 10 11 Section 2. The authorization to execute the above referenced amendment is rescinded if 12 not issued within one hundred-twenty (120) days bf the passage of this resolution. 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 vt.o.lt :</~/t;/ III 21 22 BCL:C:\Documents and Senings\Wages_Ja\Local Senings\Temporary Internet Files\OLKDE\IM~ACTAmedResolution2006.doc 23 7 8 9 10 11 12 13 14 e 15 16 17 CCAMMACK e e 1 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF AN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH 4 HE COUNTY OF SAN BERNARDINO PROBA TION DEPARTMENT TO 5 ARTICIP A TE IN THE GRANT FUNDED JUVENILE ACCOUNT ABILITY ROGRAM KNOWN AS INTERVENTION AND MANAGEMENT OF 6 ROBATIONER ACCOUNTABILITY AND COMPLIANCE OF TERMS (IMPACT). I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ommon Council of the City of San Bernardino at a meeting thereof, eld on the day of ,2007, by the following vote, to wit: ouncil Members: AYES NAYS ABSTAIN ABSENT STRADA AXTER 18 19 20 21 Rachel G. Clark, CITY CLERK The forgoing resolution is hereby approved this _ day of ,2007. Patrick 1. Morris, Mayor City of San Bernardino 22 23 pproved as to form: 24 AMES F. PENMAN, 25 ity Attorney 26 27 28 CL:C:\Documents and Settings\Wages_Ja\Local Settings\Temporary Interne~ Files\OLKDE\IMPACTAmedResolution2006.doc FOR COUNTY USE ONL Y FAS L New Vendor Code Deol. Contract Number - ChanQe SC A Cancel County Department Depl. Orgn. Contractor's License No. Probation County Department Contract Representative Telephone Total Contract Amount Rick Arden 909 387-5855 $107,497 Contract Type o Revenue D Encumbered o Unencumbered 00 Other: Grant funded oosition If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Oate Original Amount Amendment Amount 1 0/01/2006 9/30/2007 Fund Oept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AAA PRB PRB 200 2445 4000NTLT $107,497 Fund Oepl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount , Fund Oept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount , Project Name Estimated Payment Total by Fiscal Year IMPACT - Night Light FY Amount 110 FY Amount 110 2{)06-07 $ 80,623 I - - 2007-08 $ 26,874 - - 't e County of San Bernardino STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called City ass .. North D Street San Bernardino, CA 92410 Telephone FederallD No. or Social Security No. 909 384-5658 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets_ Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specific.ations, and addenda, if any.) Introduction This Agreement between the County of San Bernardino Probation Department (Probation) and the City of San Bernardino (City) defines the operating agreement between the two agencies as they administer a Congressional Earmark Program (Grant) from the federal Office of Juvenile Justice Delinquency Prevention Programs. The program developed between the agencies utilizing the Grant is called the "Night Light" prograrn. A police sergeant provided by the City and a supervising probation officer provided by Probation will share supervision responsibilities. Jt Auditor/Controller-Recorder Use Onl CJ Contract Database CJ FAS Input Date Keyed By Page -L of ~ . The sergeant will provide field supervision for all subordinate members assigned to the program and provide necessary input for probation officer (PO) performance evaluations to Probation. The Probation supervisor'will .vide input to the program to insure goals are achieved. This supervisor will also be responsible for probation es normally handled by Probation. These include, but are not limited to, completion of reports, payroll, and court filing of probation violations and other court documents. Staffing The provisions of the Grant will fund one full-time police officer from City and one full-time probation officer from Probation to participate in the Night light program. Provisions of this Grant will not fund other City or Probation personnel who may assist with this program. One police officer from City and one probation officer from Probation will staff the program. In order to minimize disruption to the program, assignment to the program will normally be at least one year. City and Probation, however, retain the right to move personnel to accomplish individual agency needs and to conform to City of San Bernardino and County of San Bernardino personnel rules. Each agency agrees that placement in the program should be based on past favorable job performance, specialized experience which will enhance to accomplishment of the goals of the program, and the ability to work with others in a close team environment. Personnel not meeting acceptable standards of performance, or refusing to comply with program policies and procedures, may be removed from the program and transferred back to the parent agency. Fiscal Procedures A. Program Funds e Probation retains the sole responsibility and accountability for the reporting and disbursing of Grant funds acquired by the County of San Bernardino to fund the program. Each agency agrees to the following in regards to those specific Grant funds: 1. Periodic Grant reporting to the funding source and auditing processes conducted by the funding source remain the responsibility of Probation. 2. Any provision of this Agreement deemed in conflict with (1) agreements ratified by the San Bernardino County Board of Supervisors, (2) the City of San Bernardino Common Council, or (3) Grant requirements, will be null and void. 3. The Agreement assumes the Grant will fund one police officer position, one probation officer, as well as Grant-related Probation services, supplies and overhead. B. Salaries and Benefits Increases of salaries or benefits during the project remain the responsibility of the individual agency. C. Participant Claims for Reimbursement Each agency agrees to cooperate in providing information or administrative support to assist in claims for reimbursement to the Grant funders. Jt Auditor/Controller-Recorder Use Onl o Contract Datab_ 0 FAS Input Date Keyed By Page ..L of i . D. Right to Audit e Each agency retains responsibility to comply with audits required by the Grant. Each agency agrees to cooperate in providing information or administrative support to assist in audits required by either the City of San Bernardino or County of San Bernardino. E. Overtime Overtime costs not covered by the Grant remain the responsibility of the agency responsible for the individual employee. Each agency agrees to work cooperatively in the effective and efficient administration of the project in order to avoid incurring unnecessary overtime costs. F. Indirect Costs Indirect costs (i.e., administrative overhead, garage charges, etc.) remain the individual responsibility of each agency. Standard Operatina Procedures Associated program supervisors will examine applicable policies for the individual agencies. Any policies that conflict significantly will be evaluated by the associated supervisors to create an applicable program policy or practice. Each agency agrees to cooperate in the development of program policies that do not significantly conflict with the mission, vision, or values of either agency. In the event only one agency has a policy addressing a specific issue, that policy will be reviewed for adoption by the program. In cases where one agency's policies or procedures conflict with the other agency's policies or procedures, the a,loyee shall abide by the policies of his or her agency. The parties may adopt a policy that reconciles any '-Iict. If so, the reconciled policy will be followed. The investigation of uses of force, particularly those involving injury or death to either an employee or another, shall be conducted by the law enforcement agency having jurisdiction of the incident. Vehicle accidents will be handled by the agency having jurisdiction at the location where the accident occurs. Nothing in this Agreement precludes further investigation or concurrent investigation by the employee's agency. The associated supervisor will ensure the agency of the involved employee has been promptly and appropriately notified of either a use of force or injury. . Injured personnel will be taken to the most immediate and competent medical facilities available. The employee's agency will be immediately notified of any injury to their personnel. The associated supervisor from the injured employee's agency is responsible for completion of applicable internal forms. Program member evaluations and investigations of citizen's complaints or internal investigations shall be investigated jointly by both agencies. Either the supervising probation officer for Probation or the City lieutenant assigned to the program will determine primary internal affairs investigation responsibility. In the event of disagreement on this issue, the participating agencies may elect to conduct concurrent investigations or resolve the issue between the Chief Probation Officer and the Chief of Police. Disciplinary actions against individual employees remain the responsibility of the employing agency. Jt Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page .2... of ~ ....-._~ . Other Terms e Operation Location The program will utilize existing physical assets of Probation and the City and to conduct briefings and complete administrative tasks including completion and filing of reports. B. Equipment The program supervisors will be accountable for the equipment assigned to the program and will use approved applicable procedures for procuring, accounting, and safeguarding fixed assets. Equipment acquired by either agency (paid for with Grant funds) ren)ains the property of the acquiring agency. c. Communication Equipment Communications equipment acquired will be maintained and repaired by the County of San Bernardino. Communications equipment acquired remains the property of the acquiring agency at the end of the project. D. Other Equipment Each agency agrees to cooperate in the acquisition, maintenance, and disposition of any other equipment necessary for the effective administration of the projects. E. Vehicles e Vehicles may be purchased using Grant funds through approved procurement procedures. Maintenance and fuel costs of vehicles assigned to the program will be the responsibility of the acquiring agency. F. Distribution of Program Assets At the conclusion of the project, each agency agrees to distribute program assets (i.e., equipment) in accordance with Grant requirements. If distribution rules are not specified in the Grant, the assets remain the property of the acquiring agency. G. Asset Forfeiture Sharing Program operations, which result in either state or federal asset seizures, shall be shared equally by both agencies (i.e., 50% net disbursement to each agency) in accordance with asset forfeiture laws and regulations. Asset forfeiture processes and required court filings and reports will be completed by City. Both agencies understand that asset forfeiture sharing amounts are specified by law and this section simply defines an agreement to share equally in those net assets generated as a result of the program. H. Reporting The program supervisors will be responsible for implementing a reporting system which tracks team activities, statistics, and accomplishments of program operations. Each agency agrees to cooperate with each other in the preparation of reports deemed necessary to provide accountability to Probation, City, or the Grant authority. -- Auditor/Controller-Recorder Use Onl o Contract Databaae 0 FAS Input Date Keyed By Page ...i... of ..L . Indemnification << City agrees to indemnify, defend and hold harmless the County of San Bernardino and its authorized ers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability Ising out of this contract from and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County of San Bernardino on account of any claim therefore, except where such indemnification is prohibited by law. The County agrees to indemnify, defend and hold harmless City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim therefore, except where such indemnification is prohibited by law. In the event that City and/or the County are determined to be comparatively at fault for any claim, action, loss or damages which results from their respective obligations under this agreement, City and/or the County shall indemnify the other to the extent of its comparative fault Insurance Without in anyway affecting the indemnity herein provided and in addition thereto, City shall secure and maintain throughout the contract term the following types of insurance with limits as shown: Workers' Compensation/Em plovers Liabilitv - A program of Workers' Compensation insurance or a state- approved, self-insurance program in an amount and form to meet all applicable requirements of the labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on. behalf of City and all risks to such persons under this contract. Aity has no employees, it may certify or warrant to the County that is does not currently have any employees Yindividuals who are defined as "employees" under the labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal IllW, volunteers for such entities are required to be covered by Workers' Compensation insurance. Commercial/General Liabilitv Insurance - The City shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: (a) Premises operations and mobile equipment. (b) Products and completed operations. (c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards. (e) Personal injury (f) Contractual liability . (g) $3,000,000 general aggregate limit. Automobile Liabilitv Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per jirrence. Auditor/Controller-Recorder Use Onl D Contract Patabase D F AS Input Date Keyed By Page i of -1L . If City is transporting one or more non-employee passengers, in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury . property damage per occurrence. ~ity owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers 'as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010. Waiver of Subroaation Riahts - The City shall require the carriers of required coverages 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 City and City'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. Policies Primarv and Non-Contributorv - All policies required herein are to be primary and non-contributory with I insurance or self-insurance programs carried or administered by the County. verability of Interests - The City agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between City and the County or between the County and any other insured or additional insured under the policy. Proof of Coveraae - The City shall immediately furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and City shall maintain such insurance from the time City commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, City shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. Acceptability of Insurance Carrier - Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII". Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. In lieu of the foregoing policies of insurance, the City may provide a Certificate of Self-Insurance to Probation. -- Auditor/Controller-Recorder Use On' [J Contract Database [J FAS Input Pale Keyed By Page ...2... of ...L -1 . Failure to Procure Coverage - In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not 10bligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by County will be promptly reimbursed by City or County payments to City will be reduced to pay for County rchased insurance. Insurance Review - Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. The City agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. Amendments to the Agreement .s Agreement may be amended in writing at any time with the concurrence of both agencies. Any amendment be in writing and approved by the Board of Supervisors and the City of San Bernardino Common Council. Terms of the Aareement The Agreement will remain in effect until the program ends or either agency agrees to terminate the project. ..it Auditor/Controller-Recorder Use Onl o Contract Database [J FAS Input Date Keyed By Page ...L- of ~ . SiQnatures .e undersigned certify they represent and have the authority to execute this agreement on behalf of their ective agencies and, in signing this agreement, concur with and support he IMPACT program as set forth in s Agreement and for the period and purposes as stated herein. I I I I I I I I I I I I I I I I I I I I . I COUNTY OF SAN BERNARDINO Citv of San Bernardino (Print or type name of corporation, company, contractor, ete.) ~ Bill Pastmus, Chairman, Board of Supervisors By ~ (Authorized signature. sign in blue ink) Dated: Name Patrick J. Morris (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Baard of Supervisors of the County af San Bernardino.. Title Mavar (Print o.r Type) Dated: By Address Deputy ~ Dawn Staffo Auditor/Controller-Recorder Use Onl [J Centract Databasa [J FAS Input Data Kayed By Page .JL of .JL FOR COUNTY USE ONL Y FAS IX- New Vendor Code DeDI. Contract Number "- Chanae SC A Cancel County Department Dept. Orgn. Contractor's License No. Probation County Department Contract Representative Telephone Total Contract Amount Rick Arden 909 387-5855 $107,497 Contract Type o Revenue o Encumbered o Unencumbered 00 Other: Grant funded oosilion If nat encumbered or revenue contract type, provide reason: Commodity Code Contract Start Dale Contract End Dale Original Amount Amendment Amount 10/01/2006 913012007 Fund Oept Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AM PRB PRB 200 2445 4000NTL T $107.497 Fund Oepl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount , Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount , Project Name Estimated Payment Total by Fiscal Year IMPACT - Night Light FY Amount 110 FY Amount 110 2006-07 $ 80,623 I - - 2007-08 $ 26,874 - - . ~ . e County of San Bernardino STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino ~ss ., North D Street San Bernardino, CA 92410 Telephone FederallD No. or Social Security No. 909 384-5658 hereinafter called City IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets Set forlh service to be rendered, amount to be paid, manner of payment, time for petformance or completion, determination of satisfactory performanoe and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) Introduction This Agreement between the County of San Bernardino Probation Department (Probation) and the City of San Bernardino (City) defines the operating agreement between the two agencies as they administer a Congressional Earmark Program (Grant) from the federal Office of Juvenile Justice Delinquency Prevention Programs. The program developed between the agencies utilizing the Grant is called the "Night Light" program. A police sergeant provided by the City and a supervising probation officer provided by Probation will share supervision responsibilities. Jt Auditor/Controller-Recorder Use Onl [J Contract Datab... [J FAS Input Date Keyed By Page --L of --L . The sergeant will provide field supervision for all subordinate members assigned to the program and provide necessary input for probation officer (PO) performance evaluations to Probation. The Probation supervisor will .vide input to the program to insure goals are achieved. This supervisor will also be responsible for probation es normally handled by Probation. These include, but are not limited to, completion of reports, payroll, and court filing of probation violations and other court documents. Staffing The provisions of the Grant will fund one full-time police officer from City and one full-time probation officer from Probation to participate in the Night Light program. Provisions of this Grant will not fund other City or Probation personnel who may assist with this program. One police officer from City and one probation officer from Probation will staff the program. In order to minimize disruption to the program, assignment to the program will normally be at least one year. City and Probation, however, retain the right to move personnel to accomplish individual agency needs and to conform to City of San Bernardino and County of San Bernardino personnel rules. Each agency agrees that placement in the program should be based on past favorable job performance, specialized experience which will enhance to accomplishment of the goals of the program, and the ability to work with others in a close team environment. Personnel not meeting acceptable standards of performance, or refusing to comply with program policies and procedures, may be removed from the program and transferred back to the parent agency. Fiscal Procedures A. Program Funds e Probation retains the sole responsibility and accountability for the reporting and disbursing of Grant funds acquired by the County of San Bernardino to fund the program. Each agency agrees to the following in regards to those specific Grant funds: 1. Periodic Grant reporting to the funding source and auditing processes conducted by the funding source remain the responsibility of Probation. 2. Any provision of this Agreement deemed in conflict with (1) agreements ratified by the San Bernardino County Board of Supervisors, (2) the City of San Bernardino Common Council, or (3) Grant requirements, will be null and void. 3. The Agreement assumes the Grant will fund one police officer position, one probation officer, as well as Grant-related Probation services, supplies and overhead. B. Salaries and Benefits Increases of salaries or benefits during the project remain the responSibility of the individual agency. C. Participant Claims for Reimbursement Each agency agrees to cooperate in providing information or administrative support to assist in claims for reimbursement to the Grant funders. Jt Auditor/Controller-Recorder Use Onl [J Contract Database [J FAS Input Date Keyed By Page ..L of -L . D. Right to Audit e Each agency retains responsibility to comply with audits required by the Grant. Each agency agrees to cooperate in providing information or administrative support to assist in audits required by either the City of San Bernardino or County of San Bernardino. E. Overtime Overtime costs not covered by the Grant remain the responsibility of the agency responsible for the individual employee. Each agency agrees to work cooperatively in the effective and efficient administration of the project in order to avoid incurring unnecessary overtime costs. F. Indirect Costs Indirect costs (i.e., administrative overhead, garage charges, etc.) remain the individual responsibility of each agency. Standard OperatinQ Procedures Associated program supervisors will examine applicable policies for the individual agencies. Any policies that conflict significantly will be evaluated by the associated supervisors to create an applicable program policy or practice. Each agency agrees to cooperate in the development of program policies that do not significantly conflict with the mission, vision, or values of either agency. In the event only one agency has a policy addressing a specific issue, that policy will be reviewed for adoption by the program. lases where one agency's policies or procedures conflict with the other agency's policies or procedures, the loyee shall abide by the policies of his or her agency.. The parties may adopt a policy that reconciles any f1ict. If so, the reconciled policy will be followed. The investigation of uses of force, particularly those involving injury or death to either an employee or another, shall be conducted by the law enforcement agency having jurisdiction of the incident. Vehicle accidents will. be handled by the agency having jurisdiction at the location where the accident occurs. Nothing in this Agreement precludes further investigation or concurrent investigation by the employee's agency. The associated supervisor will ensure the agency of the involved employee has been promptly and appropriately notified of either a use of force or injury. Injured personnel will be taken to the most immediate and competent medical facilities available. The employee's agency will be immediately notified of any injury to their personnel. The associated supervisor from the injured employee's agency is responsible for completion of applicable internal forms. Program member evaluations and investigations of citizen's complaints or internal investigations shall be investigated jointly by both agencies. Either the supervising probation officer for Probation or the City lieutenant assigned to the program will determine primary internal affairs investigation responsibility. In the event of disagreement on this issue, the participating agencies may elect to conduct concurrent investigations or resolve the issue between the Chief Probation Officer and the Chief of Police. Disciplinary actions against individual employees remain the responsibility of the employing agency. Jt Auditor/Controller-Recorder Use Only D Contract Database D FAS Input Date . I Keyed By Page ..L of .JL , Other Terms . Operation Location The program will utilize existing physical assets of Probation and the City and to conduct briefings and complete administrative tasks including completion and filing of reports, B. Equipment The program supervisors will be accountable for the equipment assigned to the program and will use approved applicable procedures for procuring, accounting, and safeguarding fixed assets. Equipment acquired by either agency (paid for with Grant funds) remains the property of the acquiring agency. C. Communication Equipment Communications equipment acquired will be maintained and repaired by the County of San Bernardino. Communications equipment acquired remains the property of the acquiring agency at the end of the project. D. Other Equipment Each agency agrees to cooperate in the acquisition, maintenance, and disposition of any other equipment necessary for the effective administration of the projects. E. Vehicles e Vehicles may be purchased using Grant funds through approved procurement procedures. Maintenance and fuel costs of vehicles assigned to the program will be the responsibility of the acquiring agency. F. Distribution of Program Assets At the conclusion of the project, each agency agrees to distribute program assets (i.e., equipment) in accordance with Grant requirements. If distribution rules are not specified in the Grant, the assets remain the property of the acquiring agency. G. Asset Forfeiture Sharing Program operations, which result in either state or federal asset seizures, shall be shared equally by both agencies (i.e., 50% net disbursement to each agency) in accordance with asset forfeiture laws and regulations. Asset forfeiture processes and required court filings and reports will be completed by City. Both agencies understand that asset forfeiture sharing amounts are specified by law and this section simply defines an agreement to share equally in those net assets generated as a result of the program. H. Reporting The program supervisors will be responsible for implementing a reporting system which tracks team activities, statistics, and accomplishments of program operations. Each agency agrees to cooperate with each other in the preparation of reports deemed necessary to provide accountability to Probation, City, or the Grant authority. .it Auditor/Controller-Recorder Use Onl o Contract Database IJ F AS Input Date Keyed By Page ....L of .JL . ...-----------~-------------l . Indemnification 41 City agrees to indemnify, defend and hold harmless the County of San Bernardino and its authorized ers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability sing out of this contract from and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County of San Bernardino on account of any claim therefore, except where such indemnification is prohibited by law. The County agrees to indemnify, defend and hold harmless City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim therefore, except where such indemnification is prohibited by law. In the event that City and/or the County are determined to be comparatively at fault for any claim, action, loss or damages which results from their respective obligations under this agreement, City and/or the County shall indemnify the other to the extent of its comparative fault Insurance Without in anyway affecting the indemnity herein provided and in addition thereto, City shall secure and maintain throughout the contract term the following types of insurance with limits as shown: Workers' Compensation/Employers Liability - A program of Workers' Compensation insurance or a state- approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of City and all risks to such persons under this contract. Aty has no employees, it may certify or warrant to the County that is does not currently have any employees ~ndividuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. Commercial/General Liability Insurance - The City shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), .per occurrence. The policy coverage shall include: (a) Premises operations and mobile equipment. (b) Products and completed operations. (c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards. (e) Personal injury (f) Contractual liability. (g) $3,000,000 general aggregate limit. Automobile Liabilitv Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per .rrence. Auditor/Controller-Recorder Use Onl o Conlracl Databa.e 0 FAS Input Dale Keyed By Page ...[.. of .JL . If City is transporting one or more non-employee passengers, in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury Iill property damage per occurrence. .City owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Umbrella Liabilitv Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010. Waiver of Subroaation Riahts - The City shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insuran.ce coverage provided shall not prohibit City and City'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. Policies Primarv and Non-Contributorv - All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. eerabilitv of Interests - The City agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between City and the County or between the County and any other insured or additional insured under the policy. Proof of CoveraQe - The City shall immediately furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and City shall maintain such insurance from the time City commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, City shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. Acceptability of Insurance Carrier - Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII". Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. In lieu of the foregoing pOlicies of insurance, the City may provide a Certificate of Self-Insurance to Probation. -- Auditor/Controller-Recorder Use Onl D Contract Database [J FAS Input Date Keyed By Page ..L of .lL . ~....,... ~j;,-, . Failure to Procure Coverage - In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not . obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by County will be promptly reimbursed by City or County payments to City will be reduced to pay for County rchased insurance. Insurance Review - Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require a'dditional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. The City agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. Amendments to the Aareement This Agreement may be amended in writing at any time with the concurrence of both agencies. Any amendment el be in writing and approved by the Board of Supervisors and the City of San Bernardino Common Council. Terms of the Aareement The Agreement will remain in effect until the program ends or either agency agrees to terminate the project. Jt Auditor/Controller-Recorder Use Onl o Contract Databa., 0 FAS Input Date K'yed By Page lofi . Signatures . undersigned certify they represent and have the authority to execute this agreement on behalf of their ective agencies and, in signing this agreement, concur with and support he IMPACT program as set forth in Agreement and for the period and purposes as stated herein. I I I I I I I I I I I I I I I I I I I I I -- I COUNTY OF SAN BERNARDINO City of San Bernardino (Print or type name of corporation, company. contractor, etc.) .. Bill Postmus, Chairman, Board of Supervisors By .. (Authorized signature - sign in blue ink) Dated: Name Patrick J. Morris (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. Title Mavor (Print or Type) Dated: By Address Deputy ;/.10 /0 7 . Auditor/Controller-Recorder Use Onl . 0 Contract Databa.a 0 FAS Input Data Keyed By Page ~of~ FOR COUNTY USE ONL Y FAS ~ New Vendor Code DeDI. Contract Number '- ChanQe SC A Cancel County Department Depl. Orgn. Contractor's License No. Probation. County Department Contract Representative Telephone Total Contract Amount Rick Arden 909 387-5855 $107,497 Contract Type o Revenue o Encumbered D Unencumbered 00 Other: Grant funded Dosition If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 10101/2006 913012007 Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AM PRB PRB , 200 2445 , 4000NTL T $107.497 Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount . , Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year IMPACT - Night Light FY Amount 110 FY Amount 110 2006-07 $ 80,623 I - - 2007-08 $ 26,874 - - e County of San Bernardino STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino eS~orth D Street hereinafter called City San Bernardino, CA 92410 Telephone Federal 10 No. or Social Security No. 909 384-5658 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered. amount to be paid, manner of payment. time for performance or completion, determination of satisfactoryperformance and cause for te~ination, other terms and conditions. and. attach plans, specifications, and addenda, if any.) Introduction This Agreement between the County of San Bernardino Probation Department (Probation) and the City of San Bernardino (City) defines the operating agreement between the two agencies as they administer a Congressional Earmark Program (Grant) from the federal Office of Juvenile Justice Delinquency Prevention Programs. The program developed between the agencies utilizing the Grant is called the "Night Light" program. A police sergeant provided by the City and a supervising probation officer provided by Probation will share supervision responsibilities. Jt Auditor/Controller-Recorder Use ani [J Contract Database [J FAS =---~- Page -L of i . The sergeant will provide field supervision for all subordinate members assigned to the program and provide necessary input for probation officer (PO) performance evaluations to Probation. The Probation supervisor will 4fide input to the program to insure goals are achieved. This supervisor will also be responsible for probation es normally handled by Probation. These include, but are not limited to, completion of reports, payroll, and e court filing of probation violations and other court documents. Staffin!l The provisions of the Grant will fund one full-time police officer from City and one full-time probation officer from Probation to participate in the Night Light program. Provisions of this Grant will not fund other City or Probation personnel who may assist with this program. One police officer from City and one probation officer from Probation will staff the program. In order to minimize disruption to the program, assignment to the program will normally be at least one year. City and Probation, however, retain the right to move personnel to accomplish individual agency needs and to conform to City of San Bernardino and County of San Bernardino personnel rules. Each agency agrees that placement in the program should be based on past favorable job performance, specialized experience which will enhance to accomplishment of the goals of the program, and the ability to work with others in a close team environment. Personnel not meeting acceptable standards of performance, or refusing to comply with program policies and procedures, may be removed from the program and transferred back to the parent agency. Fiscal Procedures A. Program Funds e Probation retains the sole responsibility and accountability for the reporting and disbursing of Grant funds acquired by the County of San Bernardino to fund the program. Each agency agrees to the following in regards to those specific Grant funds: 1. Periodic Grant reporting to the funding source and auditing processes conducted by the funding source remain the responsibility of Probation. 2. Any provision of this Agreement deemed in conflict with (1) agreements ratified by the San Bernardino County Board of Supervisors, (2) the City of San Bernardino Common Council, or (3) Grant requirements, will be null and void. 3. The Agreement assumes the Grant will fund one police officer position, one probation officer, as well as Grant-related Probation services, supplies and overhead. B. Salaries and Benefits Increases of salaries or benefits during the project remain the responsibility of the individual agency. C. Participant Claims for Reimbursement Each agency agrees to cooperate in providing information or administrative support to assist in claims for reimbursement to the Grant funders. - Auditor/Controller-Recore/er Use Onl o Contract Database D FAS Input Date Keyed By Page -L of .JL . D. Right to Audit e Each agency retains responsibility to comply with audits required by the Grant. Each agency agrees to cooperate in providing information or administrative support to assist in audits required by either the City of San Bernardino or County of San Bernardino. E. Overtime Overtime costs not covered by the Grant remain the responsibility of the agency responsible for the individual employee. Each agency agrees to work cooperatively in the effective and efficient administration of the project in order to avoid incurring unnecessary overtime costs. F. Indirect Costs Indirect costs (i.e., administrative overhead, garage charges, etc.) remain the individual responsibility of each agency. Standard Operatina Procedures Associated program supervisors will examine applicable policies for the individual agencies. Any policies that conflict significantly will be evaluated by the associated supervisors to create an applicable program policy or practice. Each agency agrees to cooperate in the development of program policies that do not significantly conflict with the mission, vision, or values of either agency. In the event only one agency has a policy addressing a specific issue, that policy will be reviewed for adoption by the program. leases where one agency's pOlicies or procedures conflict with the other agency's policies or procedures, the loyee shall abide by the policies of his or her agency. The parties may adopt a policy that reconciles any flict. If so, the reconciled policy will be followed. The investigation of uses of force, particularly those involving injury or death to either an employee or another, shall be conducted by the law enforcement agency having jurisdiction of the incident. Vehicle accidents will be handled by the agency having jurisdiction at the location where the accident occurs. Nothing in this Agreement precludes further investigation or concurrent investigation by the employee's agency. The associated supervisor will ensure the agency of the involved employee has been promptly and appropriately notified of either a use of force or injury. Injured personnel will be taken to the most immediate and competent medical facilities available. The employee's agency will be immediately notified of any injury to their personnel. The associated supervisor from the injured employee's agency is responsible for completion of applicable internal forms. Program member evaluations and investigations of citizen's complaints or internal investigations shall be investigated jointly by both agencies. Either the supervising probation officer for Probation or the City lieutenant assigned to the program will determine primary internal affairs investigation responsibility. In the event of disagreement on this issue, the participating agencies may elect to conduct concurrent investigations or resolve the issue between the Chief Probation Officer and the Chief of Police. Disciplinary actions against individual employees remain the responsibility of the employing agency. ..tit Auditor/Controller-Recorder Use Onl o Contract Oatabas. 0 FAS Input Oat. Keyed By Page -L of -1L . Other Terms . Operation Location The program will utilize existing physical assets of Probation and the City and to conduct briefings and complete administrative tasks including completion and filing of reports. B. Equipment The program supervisors will be accountable for the equipment assigned to the program and will use approved applicable procedures for procuring, accounting, and safeguarding fixed assets. Equipment acquired by either agency (paid for with Grant funds) remains the property of the acquiring agency. C. Communication Equipment Communications equipment acquired will be maintained and repaired by the County of San Bernardino. Communications equipment acquired remains the property of the acquiring agency at the end of the project. D. Other Equipment Each agency agrees to cooperate in the acquisition, maintenance, and disposition of any other equipment necessary for the effective administration of the projects. E. Vehicles e Vehicles may be purchased using Grant funds through approved procurement procedures. Maintenance and fuel costs of vehicles assigned to the program will be the responsibility of the acquiring agency. F. Distribution of Program Assets At the conclusion of the project, each agency agrees to distribute program assets (i.e., equipment) in accordance with Grant requirements. If distribution rules are not specified in the Grant, the assets remain the property of the acquiring agency. G. Asset Forfeiture Sharing Program operations, which result in either state or federal asset seizures, shall be shared equally by both agencies (i.e., 50% net disbursement to each agency) in accordance with asset forfeiture laws and regulations. Asset forfeiture processes and required court filings and reports will be completed by City. Both agencies understand that asset forfeiture sharing amounts are specified by law and this section simply defines an agreement to share equally in those net assets generated as a result of the program. H. Reporting The program supervisors will be responsible for implementing a reporting system which tracks team activities, statistics, and accomplishments of program operations. Each agency agrees to cooperate with each other in the preparation of reports deemed necessary to provide accountability to Probation, City, or the Grant authority. .it Auditor/Controller-Recorder Use Onl" Cl Contract Oatabase [J FAS Input Date T Keyed By Page -1.. of .JL . Indemnification 41 City agrees to indemnify, defend and hold harmless the County of San Bernardino and its authorized ers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability sing out of this contract from and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County of San Bernardino on account of any claim therefore, except where such indemnification is prohibited by law. The County agrees to indemnify, defend and hold harmless City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim therefore, except where such indemnification is prohibited by law. In the event that City and/or the County are determined to be comparatively at fault for any claim, action, loss or damages which results from their respective obligations under this agreement, City and/or the County shall indemnify the other to the extent of its comparative fault Insurance Without in anyway affecting the indemnity herein provided and in addition thereto, City shall secure and maintain throughout the contract term the following types of insurance with limits as shown: Workers' Comoensation/Emolovers Liabilitv - A program of Workers' Compensation insurance or a state- approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of City and all risks to such persons under this contract. Aty has no employees, it may certify or warrant to the County that is does not currently have any employees ~ndividuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. Commercial/General Liabilitv Insurance - The City shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: (a) Premises operations and mobile equipment. (b) Products and completed operations. (c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards. (e) Personal injury (f) Contractual liability. (g) $3,000,000 general aggregate limit. Automobile Liabilitv Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per jirrence. Auditor/Controller-Recorder Use Onlv . D Contract Database D F AS Input Date I Keyed By Page ...i... of ..L . If City is transporting one or more non-employee passengers', in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury. IiJIf property damage per occurrence. .City owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Umbrella Liabilitv Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010. Waiver of Subroaation Riahts - The City shall require the carriers of required coverages 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 City and City'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. Policies Primarv and Non-Contributorv - All pOlicies required herein are to be primary and non-contributory with R. insurance or self-insurance programs carried or administered by the County. _erabilitv of Interests - The City agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be n'o cross liability exclusions that preclude coverage for suits between City and the County or between the County and any other insured or additional insured under the policy. Proof of Coveraae - The City shall immediately furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and City shall maintain such insurance from the time City commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, City shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. Acceptabilitv of Insurance Carrier - Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII". Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. In lieu of the foregoing policies of insurance, the City may provide a Certificate of Self-Insurance to Probation. .it Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page -2.... of -1L . Failure to Procure Coveraae - In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not t obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by County will be promptly reimbursed by City or County payments to City will be reduced to pay for County rchased insurance. Insurance Review - Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. The City agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. Amendments to the AlIreement "s Agreement may be amended in writing at any time with the concurrence of both agencies. Any amendment II be in writing and approved by the Board of Supervisors and the City of San Bernardino Common Council. Terms of the AlIreement The Agreement will remain in .effect until the program ends or either agency agrees to terminate the project. -- Auditor/Controller-Recorder Use Onl CJ Contract Database CJ FAS Input Date Keyed By Page .L of ..L , Sianatures I undersigned certify they represent and have the authority to execute this agreement on behalf of their ective agencies and, in signing this agreement, concur with and support he IMPACT program as set forth in s Agreement and for the period and purposes as stated herein. I I I I I I I I I I I I I I I I I I I I . I COUNTY OF SAN BERNARDINO City of San Bernardino (Print or type name of corporation, company, contractor. etc.) ~ Bill Postmus, Chairman, Board of Supervisors By ~ (Authorized signature - sign in blue ink) Dated: Name Patrick J. Morris (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino, Title Mavor (Print or Type) Dated By Address Deputy IIJo/07 , . ( , , / / DEe Approve ast)~ .1 Form '" Approved as to Legal Farm ~ Dawn Staff .~ Penman, City Attorney Auditor/Controller-Recorder Use Onl Cl Contract Database Cl FAS Inpul Data Keyed By Page -1L of -1L FOR COUNTY USE ONL Y FAS i-X. New Vendor Code DeDI. Contract Number >- ChanQe SC A Cancel County Department Oepl. Orgo. Contractor's license No. Probation County Department Contract Representative Telephone Total Contract Amount Rick Arden 909387-5855 $107,497 Contract Type . o Revenue o Encumbered o Unencumbered 00 Other: Grant funded Qosition If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Dale Original Amount Amendment Amount 10/01/2006 9/30/2007 Fund Oepl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AAA PRB PRB . 200 2445 , 4000NTL T $107,497 Fund Oepl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount . Fund Oepl. Organization Appr Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year IMPACT - Night Light FY Amount 110 FY Amount 110 2006-07 $ 80,623 I - - 2007-08 $ 26,874 - - - e County of San Bernardino STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called City ~ss . North D Street San Bernardino, CA 92410 Telephone FederallD No. or Social Security No. 909 384-5658 IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets. Set faith service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other ferms and conditions, and attach plans, specifications, and addenda, if any.) Introduction This Agreement between the County of San Bernardino Probation Department (Probation) and the City of San Bernardino (City) defines the operating agreement between the two agencies as they administer a Congressional Earmark Program (Grant) from the federal Office of Juvenile Justice Delinquency Prevention Programs. The program developed between the agencies utilizing the Grant is called the "Night Light" program. A police sergeant provided by the City and a supervising probation officer provided by Probation will share supervision responsibilities. Jt Auditor/Controller-Recorder Use Onlv [J Cannel Database [J FAS Inpul Oa.. T Keyed By Page -L of .JL . The sergeant will provide field supervision for all subordinate members assigned to the program and provide necessary input for probation officer (PO) performance evaluations to Probation. The Probation supervisor will .vide input to the program to insure goals are achieved. This supervisor will also be responsible for probation es normally handled by Probation. These include, but are not limited to, completion of reports, payroll, and court filing of probation violations and other court documents. Staffina The provisions of the Grant will fund one full-time police officer from City and one full-time probation officer from Probation to participate in the Night Light program. Provisions of this Grant will not fund other City or Probation personnel who may assist with this program. One police officer from City and one probation officer from Probation will staff the program. In order to minimize disruption to the program, assignment to the program will normally be at least one year. City and Probation, however, retain the right to move personnel to accomplish individual agency needs and to conform to City of San Bernardino and County of San Bernardino personnel rules. Each agency agrees that placement in the program should be based on past favorable job performance, specialized experience which will enhance to accomplishment of the goals of the program, and the ability to work with others in a close team environment. Personnel not meeting acceptable standards of performance, or refusing to comply with program pOlicies and procedures, may be removed from the program and transferred back to the parent agency. Fiscal Procedures A. Program Funds e Probation retains the sole responsibility and accountability for the reporting and disbursing of Grant funds acquired by the County of San Bernardino to fund the program. Each agency agrees to the following in regards to those specific Grant funds: 1. Periodic Grant reporting to the funding source and auditing processes conducted by the funding source remain the responsibility of Probation. 2. Any provision of this Agreement deemed in conflict with (1) agreements ratified by the San Bernardino County Board of Supervisors, (2) the City of San Bernardino Common Council, or (3) Grant requirements, will be null and void. 3. The Agreement assumes the Grant will fund one police officer position, one probation officer, as well as Grant-related Probation services, supplies and overhead. B. Salaries and Benefits Increases of salaries or benefits during the project remain the responsibility of the individual agency. C. Participant Claims for Reimbursement Each agency agrees to cooperate in providing information or administrative support to assist in claims for reimbursement to the Grant funders. .- Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page ..L of .JL . D. Right to Audit e Each agency retains responsibility to comply with audits required by the GCiI,lIt. Each agency agrees to cooperate in providing information or administrative support to assist in audits required by either the City of San Bernardino or County of San Bernardino. E. Overtime Overtime costs not covered by the Grant remain the responsibility of the agency responsible for the individual employee. Each agency agrees to work cooperatively in the effective and efficient administration of the project in order to avoid incurring unnecessary overtime costs. F. Indirect Costs Indirect costs (i.e., administrative overhead, garage charges, etc.) remain the individual responsibility of each agency. Standard Operatina Procedures Associated program supervisors will examine applicable policies for the individual agencies. Any policies that conflict significantly will be evaluated by the associated supervisors to create an applicable program policy or practice. Each agency agrees to cooperate in the development of program policies that do not significantly conflict with the mission, vision, or values of either agency. In the event only one agency has a policy addressing a specific issue, that policy will be reviewed for adoption by the program. In cases where one agency's policies or procedures conflict with the other agency's policies or procedures, the Aloyee shall abide by the policies of his or her agency. The parties may adopt a policy that reconciles any _lie!. If so, the reconciled policy will be followed. The investigation of uses of force, particularly those involving injury or death to either an employee or another, shall be conducted by the law enforcement agency having jurisdiction of the incident. Vehicle accidents will be handled by the agency having jurisdiction at the location where the accident occurs. Nothing in this Agreement precludes further investigation or concurrent investigation by the employee's agency. The associated supervisor will ensure the agency of the involved employee has been promptly and appropriately notified of either a use of force or injury. Injured personnel will be taken to the most immediate and competent medical facilities available. The employee's agency will be immediately notified of any injury to their personnel. The associated supervisor from the injured employee's agency is responsible for completion of applicable internal forms. Program member evaluations and investigations of citizen's complaints or internal investigations shall be investigated jointly by both agencies. Either the supervising probation officer for Probation or the City lieutenant assigned to the program will determine primary internal affairs investigation responsibility. In the event of disagreement on this issue, the participating agencies may elect to conduct concurrent investigations or resolve the issue between the Chief Probation Officer and the Chief of Police. Disciplinary actions against individual employees remain the responsibility of the employing agency. Jt Auditor/Controller-Recorder Use Onl [J Contract Database [J FAS Input Date Keyed By Page ...L of ~ Other Terms . Operation Location The program will utilize existing physical assets of Probation and the City and to conduct briefings and complete administrative tasks including completion and filing of reports. B. Equipment The program supervisors will be accountable for the equipment assigned to the program and will use approved applicable procedures for procuring, accounting, and safeguarding fixed assets. Equipment acquired by either agency (paid for with Grant funds) remains the property of the acquiring agency. C. Communication Equipment Communications equipment acquired will be maintained and repaired by the County of San Bernardino. Communications equipment acquired remains the property of the acquiring agency at the end of the project. D. Other Equipment Each agency agrees to cooperate in the acquisition, maintenance, and disposition of any other equipment necessary for the effective administration of the projects. E. Vehicles e F. Vehicles may be purchased using Grant funds through approved procurement procedures. Maintenance and fuel costs of vehicles assigned to the program will be the responsibility of the acquiring agency. Distribution of Program Assets At the conclusion of the project, each agency agrees to distribute program assets (i.e., equipment) in accordance with Grant requirements. If distribution rules are not specified in the Grant, the assets remain the property of the acquiring agency. G. Asset Forfeiture Sharing Program operations, which result in either state or federal asset seizures, shall be shared equally by both agencies (i.e., 50% net disbursement to each agency) in accordance with asset forfeiture laws and regulations. Asset forfeiture processes and required court filings and reports will be completed by City. Both agencies understand that asset forfeiture sharing amounts are specified by law and this section simply defines an agreement to share equally in those net assets generated as a result of the program. H. Reporting The program supervisors will be responsible for implementing a reporting system which tracks team activities, statistics, and accomplishments of program operations. Each agency agrees to cooperate with each other in the preparation of reports deemed necessary to provide accountability to Probation, City, or the Grant authority. .it Auditor/Controller-Recorder Use Onl o Contract Databaa. 0 FAS Input Date Keyed By Page -4- of .JL . Indemnification 4i City agrees to indemnify, defend and hold harmless the County of San Bernardino and its authorized ers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability sing out of this contract from and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County of San Bernardino on account of any claim therefore, except where such indemnification is prohibited by law. The County agrees to indemnify, defend and hold harmless City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim therefore, except where such indemnification is prohibited by law. In the event that City and/or the County are determined to be comparatively at fault for any claim, action, loss or damages which results from their respective obligations under this agreement, City and/or the County shall indemnify the other to the extent of its comparative fault Insurance Without in anyway affecting the indemnity herein provided and in addition thereto, City shall secure and maintain throughout the contract term the following types of insurance with limits as shown: Workers' Compensation/Em plovers Liabilitv - A program of Workers' Compensation insurance or a state- approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of City and all risks to such persons under this contract. Aty has no employees, it may certify or warrant to the County that is does not currently have any employees ~ndividuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal Illw, volunteers for such entities are required to be covered by Workers' Compensation insurance. Commercial/General Liabilitv Insurance - The City shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: (a) Premises operations and mobile equipment. (b) Products and completed operations. (c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards. (e) Personal injury (f) Contractual liability. (g) $3,000,000 general aggregate limit. Automobile Liabilitv Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. Jt Auditor/Controller-Recorder Use Onl" [J Contract Database [J FAS Input Date I Keyed By Page ~of~ "If City is transporting one or more non-employee. passengers, in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury _ property damage per occurrence. ~ity owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Umbrella Liabilitv Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010. Waiver of Subrooation Riohts - The City shall require the carriers of required coverages 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 City and City'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. Policies Primarv and Non-Contributory - All policies required herein are to be primary and non-contributory with linsurance or self-insurance programs carried or administered by the County. erabilitv of Interests - The City agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for . suits between City and the County or between the County and any other insured or additional insured under the policy. Proof of Coveraoe - The City shall immediately furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage. including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and City shall maintain such insurance from the time City commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, City shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. Acceotabilitv of Insurance Carrier - Unless otherwise approved by Risk Management. insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII". Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. In lieu of the foregoing policies of insurance, the City may provide a Certificate of Self-Insurance to Probation. Jt Auditor/Controller-Recorder Use Onl [J Contract Databa.. [J FAS Input Date Keyed By Page l of ....L - Failure to Procure CoveraCle - In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not . obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by County will be promptly reimbursed by City or County payments to City will be reduced to pay for County rchased insurance. Insurance Review - Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management .determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. The City agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. Amendments to the Aareement This Agreement may be amended in writing at any time with the concurrence of both agencies. Any amendment e" be in writing and approved by the Board of Supervisors and the City of San Bernardino Common Council. Terms of the AlIreement The Agreement will remain in effect until the program ends or either agency agrees to terminate the project. ~ Auditor/Controller-Recorder Use Onlv o Contract Database 0 FAS Input Oate I Keyed By Page -2.. of L , L_ . SiQnatures . undersigned certify they represent and have the authority to execute this agreement on behalf of their ective agencies and, in signing this agreement, concur with and support he IMPACT program as set forth in Agreement and for the period and purposes as stated herein. I I I I I I I I I I I I I I I I I I I I I -- I COUNTY OF SAN BERNARDINO City of San Bernardino (Print or type name of corporation, company, contractor. ere.) ~ Bill Postmus, Chairman, Board of Supervisors By ~ (Authon'zed signature - sign in blue ink) Dated: Name Patrick J. Morris (Pn"nt or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino: Title Mavor (Print or Type) Dated: By Address Deputy Approved as to Legal Form Approve as to . Form . <.,./ ~ Dawn Staff . Penman. City Attorney /!J1/0"J t , Auditor/Controller-Recorder Use Onl o Contract Database 0 F AS Input Date Keyed By Page ~of~