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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: 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.
Dept: Public Services
Date: December 2,2008
Meeting Date: December 15, 2008
Synopsis of Previous Council Action:
On October 17, 1994- Resolution 94-329- the Mayor and Common Council of the City of
San Bernardino authorized a first Amendment to the 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.
On June 18, 1990- Resolution 90-219 - the Mayor and Common Council of the City of
San Bernardino authorized the execution of an Agreement with the County of San
Bernardino relating to the City's participation in the Sheriff's work sentence program.
Recommended Motion:
Adopt Resolution.
J::p
Signature
Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution, Attachment "1"
and Exhibit "A"
Phone:
5140
All
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
$100
FY 08-09
001-405-5505
(Other Prof. Services)
Finance:
Council Notes:
~" Za:;J,r- 41 s ~
Agenda Item No. ~
12 ,,/~C<{
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 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.
Background:
The City of San Bernardino Public Services Department, Street Division, regularly utilizes
work release individuals to help with our citywide right-of-way cleaning efforts per our current
Agreement dated on July 9, 1990 (see Attachment "1 "). Each day we use between seven (7)
and twenty-five (25) work release individuals to pick up debris, remove illegally dumped
materials, clear weeds and other manual labor. The efforts of the work release program
personnel allow us to clean large amounts of material that would otherwise be impossible for
our four (4) person City Crew to handle.
The San Bernardino County Sheriff's Department administers the work release program.
Recently, Mary Jones, a San Bernardino County Staff Analyst contacted the Public Services
Department and informed us that the County of San Bernardino would like to update the
agreement we have for the work release program. The Agreement is being updated to set
term limits and to include language that pertains to the boundaries between City staff and
inmates. Attached is a copy of the new work release program contract (Exhibit "A"). The
term of this Agreement shall be for a period of three (3) years.
Staff recommends that the Common Council authorize the approval of the new work release
program contract in order for the City to continue to utilize work release program individuals.
Financial Impact:
A $100 Contract Administration fee will be due upon implementation of this Agreement.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
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 Sheriffs
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.
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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
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8 following vote, to wit:
, 2008, by the
day of
meeting thereof, held on the
9 Council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
BAXTER
BRINKER
VACANT
KELLEY
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16 JOHNSON
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MCCAMMACK
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Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
,2008.
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Patrick J. Morris, Mayor
City of San Bernardino
mes F. Penman
City Attorney
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ATTACHMENT "1"
,1RR-31-2088 18:53 SHERIFF E CF A
-....., . f'
~ .iF SAN BERNARDINO COUNTY. '-
Sher:l.ff-IIor'k Release Pgrm; JuJ.y 9, 1990
Inc. ~:l.~iRs-San Bernardino; cap!,
Agree. 9()-B06
90S 367 3444 P.82
lIFORNIA 07/12/90
CAPTAIN IIlUlPER
CAPTAIN STODBI.LB
llROCE JACKSOII
DOIIKI!. LARSON
II OF A FUJi
FROM: . PLOrD ~J:PIrBLL, saEIlIFF
SUBJECT:
~ IIELBASB PRllGIU\JI - cJ:n OF IlJIN IIERJlAlUUIlIO
RECOMMENDATION:
Approve a9~eement between the city of San Bernardino and
the Cou~ty of San Bernardino for participation in the
Sheriff's Work Release P~ogram as authorized by Penal
Code Section 4024.2.
BACKGROUND AND REASON POR RECOftREHDATION:
On June 13, 1993, the Board approved a.Work Release
program which provided an alternative work versus
incarceration for offenders sentenced to serve in the
county Jail system.
The proqram allow& inllates to serve their ~tiJle" working
a public service project, including those provided by the
City of San Bernardino.
REVIEW BY OTHER DEPARTKENTS:
This agreement has been reviewed and approved as to form
by county Counsel and Risk Management.
FINANCIAL DATA:
No additional cost to the County.
eel Sheriff Admin.-L:l.ndaTennant
,,/agreement
City of San Bernardino
"/agree. clo Sheriff Admin
Auditor v/asreement
Purchasiftg-Contraet Complian e
RLlk Management
CAo-Ballen
File ../agreement
Action Of the Board of Superviso,s
14-1501-o0D
A....IO/U
mll
Motinn
5
36
MAR-31-2B08 10'53
Sf-ERIFF B OF A
-.
913'3 387 3444
P.<l3
THIS CONTRACT is enrered into in the State of California bV IIfld between the County of San Bernardino. hereafter
called lhe County, and
N.~.
FOR COUll. USE ONLY
Count" o.v_n_,., '. C.n~r_'l: NIoI mb...
5B=n r~-rtJc
Coun.., 0..-."1""'" Cctn"..ct A~,....,tdl... Clln~tQ"'" Ue...... Nv....bu~
CAPTAIN 387-3660
L. RAY HARPBR , ., .
!'SIIO"T V"lt Na. I Su~t1J.ct ","0. J F lolnd No. I JOb Na. I Arnell,.!"' of CQ"''UKl
40l. 9890 001 nOO.DD
Project Name: ,f cCllnvlC1 n.. ,..,... '''.1'IIl on8 O..,ft'lU\t at 'wee,.',
COl'?Opll.'. "'. fallo"'''I:
llORIt 1U<LBASE PROGRAX P.y.,.,.",. Enlmn.: ~
AJlr:II.lu..1m.... Amo",,.,. EKh: $100.00
,
~kk COUNTY OF SAN 8ERNAROINO
~~t!!:iC
~ ~ STANDARD CONTRACT
-->>. ~
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CITY OP SAIl BI!:RIlARDJ:1I0
Add'...
300 BOara D S~
SAIl IIKJUU\RDXHO. CA 924l.8
'"heme Blrtl'l 0....
(7HI 384-5133
F=1Nl1I,.' 10 No. ar Sode' See&.l,'"'' No.
hereafter called
COIl'1'RllCTOR
IT IS HEREBY AGREED AS FOLLOWS;
lUre 'P/ICf1 tlttlQW MId lIdditjon" bond _... Sel forth ",,,,It;e to be remn...tI. ","aunt to &. poid, m,,~ rrfP6Yment, ti_
for perfonn~ (1' camplrtlon, dererm;nstifJIJ of &8tisfat:rory perfD""ana tmd c.su51e for rsrminMIOfI, tJ~,. .mt, .,6
cont1it/""., and atta:h pl_. _/fIe.,;on.. N"loddend.. if MY.)
WITNESSETH
WHEREAS, the County of San Bernardino Sheriff's
Department conducts and administers a work program under
Penal Code,Section 4024.2 for the performing of work by
perSODS committed tD the custody of the Sheriff; and
WHEREAS, the Contractor desire that participants in
such work program be placed with it for 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 persona 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.
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MAR-31-2088 10:53
SHERIFF B OF A
-.,.
909 387 3444
P..,4
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(4) The wo~k to be performed by program
participants will consist of litter pickup, weed ~emoval, and
other aesthetic improvement to public lands, property and
~oadways.
(5) The Contractor will not provide any security
guards and the Contractor's employee(s) working with
participants will not physically ~estrain 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 permission.
(6) The Contractor will provide transportation for
participants working under this Ag~ee.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 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 equip~ent (such 8S
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 agreement. Con or assumes all defense and
liability for an injuries or damage which ma occur wile
. p 5 are aP!Eating power pmen .
-
(81 The Contractor will provide program work
participants with safety equipment such as signs, hard hats
and red vests.
~)
(9) The Contractor's employees 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 injury to a participant *"/
occurs. the Count of San Bernardino Sher~ff's De artment
w~ e res ons e or me ~ca s. T e subject
on ractor wi reimburse County of San Bernar no ~or all
COSl:S incurred.
Ill) The Contractor agrees to indemnify. defend and
hold harmless the County of San Bernardino and their
authorized agents, officers, volunteers and employees against
any and all claims or actions arising from Contractor's acts
or omissions and for any costs or expenses incurred by the
County or Contractor on account of any claim therefore.
Page 2 of 4
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'W'lR-31-2008 10:S3
SHERIFF 8 rF 11
90'3 387 34aa
P.0S
(12) In order to accomplish the indemnification
herein provided for, but without liaiting the
indemnification, the Contractor shall secure and maintain
tbrou9hout the term of the contract the following type of
insurance with limits a6 shown:
_ Comprehensive General and Automobile Liability
Insurance: This coverage to include contractual coverage and
automobile liability coverage for owned, hired, and non-owned
vehicles. The policy shall have combined single limits for
bodily injury and property damage of not less than one
million dollars ($1,000,000).
(13) contractor shall immediately furnish
certificates of insurance and within 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 terminateo or expire without thirty
(30) days written notice to the county. and shall maintain
such insurance from the tize contractor commences performance
of services hereunder until the completion of such services.
(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.
(lS) The contractor shall require the carriers of
the above required coverages to vaive all rights of
subrogation against the county. their officers, volunteers.
employees, 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 the County. A letter
outlining contractor's self-insurance will suffice for the
above-mentioned insurance requirements.
(11) This Agreement shall become effective upon its
execution by all of the parties hereto. The Agreement may be
terminated by any Contractor upon thirty (30) days written ~
notice to the Sheriff, or by the County upon the Sheriff's ~
giving of thirty (30) days written notice to any Contractor.
PA9" 3 of 4
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11AR-:31-2008 H3:53
SHER [FF B OF A
,
909 387 3444
P.0G
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(18) The Sheriff of San Bernardino County shall
have the right to exercise county's authority under this
Agreement including the right to give notice of termination
on behalf of the County.
IN WITNESS WHEREOF the parties hereto have caused
this Agreement to be executed by their duly authorized
officers.
BV
OF SAN B~NO
", Soard of Supervisors
-ATT"'ITcD:
Dated
Dated
JUL 09 1990
By'"
...
Clerk of the Board of Supervisors
Tille
Address
ApcrO"rN ., 1:Q L.I.~ Fo,m
... "Mo. ) flt.IL/\ ~
-Gill."", eo...n..1
0... -S.- }f - (j U
A.vle_cl..~tg AHI.m.,J.... .llrt,c:tlon
A...'......d for 'rac..'nlil
...
A.s.ncy Ad"'lnlnr.uu'JCAO
...
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TOTRL P.la6
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SAN aaNAIlDINO
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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 miones@sbcsd.orq.
Sincerely,
ERIFF-CORONER
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
EXH I B IT "A"
FAS
~ New Vendor Code Dept. Contract Number I
Change SC A
~ SHR
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 $
R1 iRevenue n '~ontract Type n
Encumbered Unencumbered 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 Pr09ram FY Amount liD FY Amount liD
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rnntr::art T\ln"" ? Ih\
FOR COUNTY USE ONL Y
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 D Street
San Bernardino, CA 92418
Telephone Federal 10 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 Sheriffs 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:
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1. SHERIFF may place irunates 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 of the SHERIFF.
3. CONTRACTOR will assign a Crew Supervisor to oversee the irunates 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 perfornled 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 assigrunent 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.
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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 Sheriffs Department
Bureau of Administration/Contracts Unit
P.O. Box 569
San Bernardino, CA 92402-0569
17. fNDEMNIFICATION - 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
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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".
Oeductibles 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/Emplovers 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
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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. Commercial/General 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 underground hazards.
(5) Personal injury.
(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 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.
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
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CONTRACTOR commences perfonnance 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 detennines 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 detennines 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 tenn 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 tennination 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.
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APPROVED AS TO FORM:
Ja~~J!:s; F. P~nman,
City AltGrne:y
.;L
COUNTY OF SAN BERNARDINO
_City of San Bernardino
(Print or type name of corporation, company, contractor. ete)
~
Paul Biane, Chairman, Board of Supervisors
By ~
(Authorized signature - sign in blue ink)
Dated:
Name
(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
Dena M. Smith
Clerk of the Board of Supervisors
of the County of San Bernardino
Title
(Print or Type)
Dated:
By
Deputy
Address_300 North D Street
_San Bernardino, CA 92418
Reviewed by Contract Compliance
Presented to BOS for Signature
~
~
Department Head
Date
Date
Date
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