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Home My WebLink About2008-456 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 RESOLUTION NO. 2008-456 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR PARTICIPATION IN THE SAN BERNARDINO COUNTY SHERIFF DEPARTMENT'S PRISONER WORK RELEASE PROGRAM. WHEREAS, The County of San Bernardino conducts and administers a work program, through the Sheriff's Department under Penal Code Sections 4024.2 and 4024.3, for the performance of work by persons committed to the custody of the Sheriff; and WHEREAS, Staff recommends entering into a new Work Release Program Contract; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City a Work Release Program Contract between the City of San Bernardino and the County of San Bernardino Sheriff's Department, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if not issued within sixty (60) days of the passage of this Resolution. III III 26 1// 27 /II 28 /II - 1 - 9 10 11 12 13 14 15 , 16 17 18 19 20 21 2008-456 1 2 3 4 5 6 7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR PARTICIPATION IN THE SAN BERNARDINO COUNTY SHERIFF DEPARTMENT'S PRISONER WORK RELEASE PROGRAM. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 15th day of December , 2008, by the 8 following vote, to wit: Council Members: AYES NAYS ABSENT ABSTAIN ESTRADA x BAXTER x BRINKER x VACANT KELLEY x JOHNSON x MCCAMMACK x . The foregoing resolution is December , 2008. Q~ ~ I. # N. &..JL ~~rk, City Clerk hereby approved this /7~ day of 22 23 24 . Approved as to Form: 25 26 27 28 -2- , ATTACHMENT "I" ,1RR-31-20BS 1B:53 SHERIFF B a= A ~,. / ~ ..F SAN BERNARDINO COUNTY. '- Sher:l.ff-Wor'k Release Pgrm; Ju1y 9. 1990 Ine, Citias-San BSrDardinOi con. Agree. 9~806 2008-456 9la'3 387 3444' . P. 0'2 lIFORNIA 07/12/90 f cr.r.rAI1'I BAllPBR ClIPTA:lH SroPllLLB BRlJC!: JACJ:SOII DOIINA LARSOH II OF A FJ:LB FROM: . Pr.OrD ~zDll'llLL. SIlBR%pp SUBJECT: IIOJlI[ ..... ."ISB PJIOGlUUI - czn OF Il.AI'I ........,ZIlO RECOMMENDATION: Approve agreement between the City of San Bernardino and the County of San Bernardino for participation in tne Sheriff's Kork ~elea.e prograa ae authorlzed by Penal Coda SectioR 4024,2. BACKGROUND AND aEASON POR RBCOI'UIEIIDATION: On June 13, 1983, the Board approved .,Work Release Program which provided an alternatlve work versus incarceration for offenders sentenced to Berve in the county Jail system. Tne program allows in.ateB to Berve their -tiae" working a public service project, including thoBe provided by the City of San Bernardino. REVIEW BY OTHER DEPARTIIENTS: This agreement has been reviewed and approved as to form by County Counsel and Risk Management. FINAHCJAL DATA: No additional cost to the County. l'-1107.o0D ...... U)/.l mll )6 eel Sheriff Adm1n.-L1udaTennant w!a8reBlllent City o~ San Beruardino v/alree. clo Sheriff Admin Auditor ~!aareement Purchasill&,-Contraet Co1llplian e Ri8k Mallag_t CAo-Ballen File w!agreement -,~ MAR-31-2BeB 10:53 SI-ERIFF B OF A --. 2008-456 9093873444' 'P.03 , ,. THIS CONTRACT is entered into in the State of California bv II/ld between the County of San Bemardino, hereafter called Ihe County, and N.... FOR COUl\, USE ONLY Coun,,, o.v.f1_nl - Cant'K, N\l",b... SBillUFl' 'Tt?-fl), CounllVl O.,..rcl'tNM Con",.ct Reg,....,wtIWl Can1r1lc1O"'. u~...... N...tnbu~ 387-3660 L. RAY HAlU'IIR, CAl"1'lUlr P" _.._ Bill"," Ul"It No. 18Ub-OIlJDClI40. I F: unr::l Na, J JOb No. t Arnol,ln, vi C.ntfK1 40:1. '890 001 U.OO.OO Prvlec:1 N."...: ,,, vantrK1 PI. ....... 1n,," Dna .8",m.,t at' recelP'. IlOJUt .QELBlISE l'aOGRAX CO....J;Jt.,. ",. farlawl"': ~ P-V""1t'l:1 Et1lm..~ 100 _ 00 Ap~folllm... Amou'l't E.h; ;i , .. COUNTY OF SAN BERNAROINO ~~ STANDARDCONTAACT exn OF SlIII BI!:IlIlAltDl:IO "'lId,... 300 .0JI.'1'Jl D SftIBM/ SllB lIB1UU\JID:n.... CI\ 92>U8 "-nw errtft Oa.. 17U) 384-5133 1=M1.,aIID No_e'Se...'s....r~ Ne. hereafter called COll'rRACl'OA IT IS HEREBY AGREED AS FOLLOWS; ru", .,... bttfow WId addlrl""., bond I/ree... Set fDrth ."ylcfl to be r.rrdwtwd, ","Dlmt to be plid, _ of_me"" time f"" perfonn_ DI' <:ump/etJDrI, _rmi".tJDII of utlsfatrmy ,.rfrJrm_ IUId _ for ..tminlltfan, DIIrM- ,."". ."d CDf/tlir/DM. _ arracfJ pl_. ~;r;"ri_,.,d IMldende, if ..y.' WITNESSETH WHEREAS, the County of San Bernardino Sberiff's Department conducts and administers a work program under Penal Code,Section 4024.2 for the performing of work by persons committed to the custody of the Sheriff: and WH~REAS. the Contractor desire that participants in such work program be placed with it far work under the direction and control of the Contractor, NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: (1) County of San Bernardino Sheriff's Department may place inmates performing work under the aforesaid program with the Contractors. The number of participants shall depend upon the work available and the ability to administer and control the work program. (2) on placement of persons under this Agreement by the County of San Bernardino Sheriff's Department with the Contractor, the work of the participants will be under the direct supervision and control of the Contractor and will not be under the supervision or control of County. (3) A $100.00 Contract Administration fee will be due upon implementation of this Agreement. C"d 0(17 J -hoC'-~n~ 7Clnhlt:lIAI l=:lolllD..., I:>n," I 1"\1"\ Ir> ,.,,, AI " ~ MAR-31-200B 10:53 2008-456 r-, 909 3B7 3444, ,P.04 SHERIFF B OF A ~ (4) The work to be performed by program participants will consist of litter pickup, weed removal, and other aesthetic improvement to public lands, property and roadways. (S) The Contractor will not provide any security guards and the Contractor's employeels) working with participants wi~l not physically restrain any participants that might leave the work area. The Contractor will notify the County of San Bernardino Sheriff's Department by the end of the day of any participants who leave the work area without pe~issiDn. (6) The Contractor will provide transportation for participants working under this Agree_ent to and from the work sites as needed from pickup points agreed to between the County of San Bernardino and the Contractor. (7) Equipment operations will be performed only by qualified Contractor's employees, with the exception of small power equip.ent euch as weed trimmers. power lawn mowers and hedge trl..er.. Work participants must demonstrate proficiency with such tool~ to the satisfaction of the Contractor before being allowed to operate said tools. / ContractDr must provide necessary safety equipment (such as eye. toe and shin guards) as required by California Occupational Safety and Health Administration while participants are operating any equipment. As with all other aspects of this agreeaent, Con r assumes all defense and liability for an in'uries or damage which aa occur wile . s are operating power paen . - (81 ~he Contractor will provide program work participants with safety equipment such as Bigns, hard hats and red vests. (9) ~he Contractor's eaployees will provide safety instructions, explain the work to be done and direct the work of program participants placed under this Agreement. (10) In the event that an iniurr to a DllrticiDant *' 0/'" occurs, the Count of San Bernard1no Sher1ff's De artaent W e res ons e or CII s. T e sub ect .on ractor w re1mbufse Count of San Bernar no Or a c s ncurred. 'l~) The COntractor agrees to indemnify, defend and hold harmless the County of San Bernardino and their authorized agents, officers, vo~unteers and employees against any and all clai.. Or actions arising fro_Contractor's acts or oaiasions and for any costs Or expenses incurred by the County or Contt&ctor on account of any claim therefore. Pa!Je Z of 4 'I,d ZenbJBIN leluen BOll -vB~-606 BQI.:1.1. Qn 1_" JBIAI '. ~R-31-2eB8 113:53 SHERIFF B OF l'1 2008-456 ge9 3873444, 'P.0\'> , (12) xn order to accomplish the indemnification herein provided for, but without limiting the indemnification, the Contractor shall secure and maintain throughout the term of the contract the following type of insurance with li.its as shown: _ comprehensive General and Automobile Liability Insurance: Thia coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single liftits for bodily injury and property damage of nol less than one million dollars ($1,000,000). (13) Contractor shall i.mediately furnish certificates of insurance and ~ithin sixty (60) days prOVide certified copies of all policies and endorsements to the Department evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or e~pire without thirty (30) daYB written notice to the County, and shall maintain such insurance from the time contractor commences performance of services hereunder until the completion of such service6. (14) All policies, with respect to the insurance coverage above required, shall obtain additional endorsements naming the County, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of performance of services hereunder. (15) The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the county, their officers, volunteers. eaployees, contractors and subcontractors. (16) All policies required .above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by lhe County. A letter outlining Contractor's self-insurance ~ill suffice for the above-mentioned insurance requirements. (11) This Agree.ent shall become effective upon its execution by all of the parties hereto. The Agreement .ay be terminated by any Contractor upon thirty (30) days ~ritt.n ~ notice to the Sheriff, or by the county upon the Sh.ri~f'$ ~ 9ivin9 of thirty (30) days written notice to any Contractor. pag.. :3 of 4 g-d BOU-vB>:-606 ZenbJBIAI IBIUBn 1301"11 on 1(' It:l:IAI "1I'1AR-31-2008 10:53 , , ~ , I- , f I SHERIFF B OF A , 2008-456 909 38? 3444, ,P.0&, (16) The Sheriff of San Bernardino County shall have the right to exercise county's autnority under this Agreement including the right to give notice of termination on behalf of the County. IN WITNESS WHERBOF the parties hereto have caused this Agreement to be execut.d by their duly authorized officers. By Dated JUL 09 1990 BV~ aated J?_Tn:~cD: ~ Cleric of the Board of Supervisors Title Address Apo~ .. 'Ia .......' Farm .~.)~~ "6vrn" cow"'l 0... 5-Ji-qi) flII.vleWlld ,u tv AHhlft.,lw ",stlvn A.,,'......d 'Of' ,..eI~...'"g .. .. Agency AcI,..I"I.,r.'t:IH'/CAO 0... D... .. ... mTAL P.06 Q'd 007 J -i70C'-AOA 7Anh 1P.11\1 IAll JP.r1 00'"11 on Ir"' 1I:>1^1 2008-456 ,...."", ~ ~ ~ ~ "- GARY PENROD, SHERIFF.CORONER November 6, 2008 City of San Bernardino 300 North D Street San Bernardino, CA 92418 RE: WORK RELEASE PROGRAM CONTRACT Enclosed are the original and one copy of the proposed contract between the City of San Bernardino and the County of San Bernardino for your participation in the Work Release Program, If this contract meets with your approval, please complete the signature blocks, sign both copies in blue ink, and return both copies to: Bureau of Administration/Mary Jones San Bernardino County Sheriff's Department P.O. Box 569 San Bernardino, CA 92402-0569 Upon approval by the County Board of Supervisors, an executed copy will be returned to you for your records, If you have any questions or need additional information, please contact Roxann Jenkins at (909) 387-3725 or mionest1Usbcsd,ora, Sincerely, GARY PENROD, ERIFF-CORONER ~. Mary J~ aff Analyst II Sheriff's Bureau of Administration GP/mj Enclosures SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street . San Bernardino, California 92415-0061 Post Office Box 569 . San Bernardino, California 92402-0569 EXHIBIT "A" R!PORT/RECOMNlENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION January 27, 2009 FROM: GARY PENROD, Sheriff/Coroner Sheriff's Deparbnent SUBJECT: CONTRACT WITH THE CITY OF SAN BERNARDINO FOR PARTICIPATION IN THE SHERIFF'S WORK RELEASE PROGRAM. RECOMMENDATION/SI Approve Contract No.09-0036 with the City of San Bernardino for participation in the Sheriff's Work Release Program for a period of three years, from January 27, 2009 through January 26, 2012, (Affected Districts: Fifth) (Presenter: Dennis J, Casey, Captain, 387-0640) BACKGROUND INFORMATION California State Penal Code Sections 4024,2 and 4024.3 establish the authority for counties to offer a voluntary program under which persons committed to a detention facility may participate in a work release program in lieu of incarceration. On June 13, 1983, the Board of Supervisors (Board) adopted a Work Release Program for San Bernardino County, The Program provides manual labor to improve or maintain public facilities or in support of non- profit organizations, as approved by the Sheriff, Agencies contract with the County for the use of work release participants on various projects. The City of San Bernardino has requested a work release contract, This contract establishes the responsibilities of the parties, including liability and indemnification issues. The contract is for a periOd of three years and provides for termination in writing with thirty (30) days notice. FINANCIAL IMPACT There is no local cost impact related to this item, The work release program is funded by the $100 administrative fee paid by work release participants, which is included in the County Fee Ordinance, In accordance with Penal Code Section 4024.2, the fee may be adjusted downward based upon the participant's ability to pay, Estimated revenue generated from work release participants, in the amount of $1,000,000, was included in the Sheriff's Department 2008-09 budget. The Work Release Program also provides a cost savings to the County, reducing detention costs by offering an alternative to incarceration for low-risk offenders, ce: Sheriff-Casey wi agree Contractor c/o Sheriff wi agree Periculum c/o Risk Mgmt wi agree Auditor-Acct Pay Mgr wi agree Risk Mgmt Sheriff-Penrod County Counsel-Singley CAO-Erickson File - wi agree jll 01/28/2009 AGREEMENT NO.09-0036 ITEM 044 Rev0708R1 Page 1 of 2 SECOND 5 2008-456 FOR COUNTY USE ONLY FAS ~ New Vendor Code Dept Ocq~:ctD[~LP {:; Change SC SHR A Cancel County Department Dept Orgn. Contractor's license No. SHERIFF SHR SHR County Department Contract Representative Telephone Total Contract Amount DENNIS J, CASEY (909) 387-0640 $ IXI "'evenue n . Contract Type n Encumbered n' 'lnencumbered Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount $ $ Fund Dept Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA SHR SHR 9970 , WORKREL $ Fund Dept 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 Work Release Program FY Amount 110 FY Amount 110 - - - - rnntr!:lM T\JnQ? Ih\ ~ 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 CONTRACTOR Address 300 North 0 Street San Bernardino, CA 92418 Telephone FederallD No. or Social Security No. (909) 384 - 5188 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, specifications, and addenda, if any.) WITNESSETH WHEREAS, The County of San Bernardino, hereinafter referred to as COUNTY, conducts and administers a work program, through the Sheriff's Department, hereinafter referred to as SHERIFF, under Penal Code Sections 4024.2 and 4024.3, for the performance of work by persons committed to the custody of the SHERIFF, WHEREAS, the CONTRACTOR desires that participants in said work program be placed with it for work under the direction and control of the CONTRACTOR, NOW, THEREFORE, it is hereby agreed as follows: Auditor/Controller-Recorder Use Onl o Contract Database 0 F AS Input Date Keyed By Page 1 of 7 2008-456 1. SHERIFF may place inmates performing work under the aforesaid program with the CONTRACTOR. The number of participants shall depend upon the work available and the ability of the CONTRACTOR to administer and control the work program, 2. On placement of persons under this agreement by the SHERIFF with the CONTRACTOR, the work of the participants will be under the direct supervision and control of the CONTRACTOR and will not be under the supervision or control ofthe SHERIFF, 3. CONTRACTOR will assign a Crew Supervisor to oversee the inmates assigned to its agency. 4. CONTRACTOR will be supplied with a Crew Supervisor Instruction Booklet by staff of the Work Release Program. 5, CONTRACTOR shall ensure that each Crew Supervisor does not fraternize with, engage services of, accept services from, do favors for, or engage in a romantic, intimate or sexual relationship with participants, 6. CONTRACTOR shall pay to COUNTY a one hundred dollar ($100) contract administration fee upon implementation of this contract. 7. The work performed by program participants will consist of manual labor to improve or maintain levees or public facilities, including, but not limited to streets, parks, and schools and/or manual labor as approved by the SHERIFF, 8, CONTRACTOR shall ensure the work, supervision, and treatment of the participants shall in all ways conform to applicable law, including but not limited to, California Penal Code Sections 4024.2 and 4024.3. 9. The CONTRACTOR will not provide any security guards and the CONTRACTOR's employee(s) working with participants will not physically restrain any participants that might leave the work area. The SHERIFF will be notified by the end of the day of any participants who did not arrive for scheduled work assignment or left the work area without permission. 10, The CONTRACTOR will provide transportation for participants working under this agreement to and from the work sites, as needed, from pickup points agreed to between the SHERIFF and the CONTRACTOR. 11. Equipment operations will be performed only by qualified CONTRACTOR's employees, with the exception of small power equipment such as weed trimmers, power lawn mowers and hedge trimmers. Work participants must demonstrate proficiency with such tools to the satisfaction of the CONTRACTOR before being allowed to operate said tools. CONTRACTOR must provide necessary safety equipment (such as eye, toe, and shin guards) as required by the California Occupational Safety and Health Administration while participants are operating any equipment. As with all other aspects of this contract, CONTRACTOR assumes all defense and liability for any injuries or damage which may occur while participants are operating power equipment. Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page 2 of 7 2008-456 12. The CONTRACTOR will provide work program participants with safety equipment such as signs, hard hats and red vests, required to safely perform any work assigned under this contract. 13. The CONTRACTOR's employees will provide safety instructions, explain the work to be done, and direct the work of program participants placed under this contract. 14, In the event that an injury to a participant occurs, the CONTRACTOR shall be responsible for completing an inmate injury report and submitting it to the Work Release Officer at Glen Helen Rehabilitation Center. The SHERIFF will be responsible for paying all medical bills and the subject CONTRACTOR agrees to reimburse SHERIFF for any and all costs incurred as they relate to the reported injury. SHERIFF is not required to provide worker's compensation coverage for inmate work release program participants pursuant to Penal Code Sections 4024,2 and 4024.3, However, should an injured participant successfully pursue a worker's compensation or liability lawsuit through either venue, the CONTRACTOR shall pay all legal and adjusting expenses and any awards settlements or judgments. 15, The term of this contract shall be for a period of three years commencing upon its execution by the San Bernardino County Board of Supervisors. Notwithstanding the foregoing, this contract may be terminated at any time, with or without cause, by CONTRACTOR or by SHERIFF, upon written notice given to the other party at least thirty (30) days prior to the date specified for said termination. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other, accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Notwithstanding the foregoing, COUNTY may terminate this contract at any time, without advance notice to CONTRACTOR, in the event CONTRACTOR fails to comply with any term of this agreement. 16. NOTICES - Any notice required under this contract shall be deemed given when personally delivered or deposited in the U.S. mail, certified, postage prepaid, addressed as follows: CONTRACTOR: City of San Bernardino 300 North D Street San Bernardino, CA 92418 COUNTY: San Bernardino County Sheriff's Department Bureau of Administration/Contracts Unit P,O. Box 569 San Bernardino, CA 92402-0569 17, INDEMNIFICATION - The CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County 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 any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page 3 of 7 2008-4-56 such indemnification is prohibited by law, This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The CONTRACTOR's indemnification obligation applies to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. Severabilitv of Interests - The CONTRACTOR 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 the CONTRACTOR and the County or between the County and any other insured or additional insured under the policy, 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 $1 0,000 shall be declared to and approved by Risk Management. 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 the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the CONTRACTOR or County payments to the CONTRACTOR will be reduced to pay for County purchased insurance. 18, INSURANCE - The CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If the CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services. Without in any way affecting the indemnity herein provided and in addition thereto, the CONTRACTOR shall secure and maintain throughout the Contract the following types of insurance with limits as shown: A, Workers' Compensation/Employers 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 providing services on behalf of the CONTRACTOR and all risks to such persons under this Contract. If CONTRACTOR has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the AudUorlContro/ler-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page 4 of 7 2008-456 Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director Risk Management. 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. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. B. CommerciallGeneral Liabilitv Insurance - The CONTRACTOR 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: (I)Premises operations and mobile equipment. (2) Products and completed operations, (3~ Broad form property damage (including completed operations), ~4 Explosion, collapse and unaerground hazards. 5 Personal inj'!l)" 6) Contractual Liability, (7) $2,000,000 general aggregate limit. C. Automobile Liabilitv Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and nonowned automobiles or symbol I (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, If the CONTRACTOR 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 and property damage per occurrence, If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable, D, 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 injurylproperty damage, personal injuryladvertising 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. E. Proof of Coverage - CONTRACTOR shall immediately furnish certificates of insurance to the SHERIFF evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated to expire without thirty (30) days written notice to the SHERIFF, and CONTRACTOR shall maintain such insurance from the time Auditor/Controller-Recorder Use Onlv o Contract Database 0 FAS Input Date I Keyed By Page 5 of 7 2008-456 CONTRACTOR commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this contract, CONTRACTOR shall furnish certified copies of the policies and all endorsements, F. Insurance Review - The above insurance requirements are subject to periodic review by the COUNTY. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager 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 such reduction or waiver for the entire term of the contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract, CONTRACTOR agrees to execute any such amendment within thirty (30) days of receipt. G. The CONTRACTOR may accomplish the insurance requirements herein through a State approved self-insurance program, 19, The Sheriff of San Bernardino County shall have the authority to exercise the COUNTY's rights and authority under this contract, including the right to give notice of termination of this contract, at his sole discretion, 20, This contract represents the full and complete understanding of the parties with respect to the subject matter hereto, and this contract supersedes all prior oral and written agreements or understanding between the parties with respect to the subject matter hereto. This contract shall be governed by the laws of the State of California. Venue for any lawsuit pertaining to this contract shall be Superior Court of California, County of San Bernardino, San Bernardino District. Any amendment to this contract shall be in writing signed by both parties, Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page 6 of 7 .. Gary C, Ovitt, Dated: .. .. Date Date 2008-456 Al'PROVED AS TO FORM: James F. Penman, City Attorney .~ '. By .. Name thorized signature - sign in blue ink) MftfLk- f WZ(tJ~~f-- (Print or type name of person signing contract) Title C{(~ ~A~ /2. -f,( _ 2.g~n~r Type) Dated: Address_300 North D Street _San Bernardino, CA 9 .. Department Head ~ Date I!? / It:? a- tl1 / , Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page 7 of 7