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HomeMy WebLinkAbout2005-123 ,-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 1 RESOLUTION NO. 2005-123 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF THE SCHOOL CROSSING GUARDS PROGRAM BY THE POLICE DEPARTMENT. SECTION I: The City of San Bernardino and the San Bernardino City Unified School District each pay one-half of the annual costs of school crossing guard program. The prior agreement between the two parties expired June 30, 2004. Program costs for FY 2004/05 will be $300,000. SECTION 2: Pursuant to this determination, the Mayor of San Bernardino is hereby authorized and directed to execute a Services Agreement for FY 2004/05 with the San Bernardino City Unified School District renewing the terms and conditions of the new agreement. SECTION 3: The authorization to execute the above referenced Services Agreement is rescinded ifit is not issued within sixty (60) days of the passage of this resolution. III ,1,:/ III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF THE SCHOOL CROSSING GUARD PROGRAM BY THE POLICE DEPARTMENT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a tegular meeting thereot; held on the 16th day of May ,2005, by the following vote, to wit: Council Members Abstain Absent Aves Navs ESTRADA x LONGVILLE x McGINNIS x DERRY x KELLEY x JOHNSON x McCAMMACK x ~11~ City Clerk The foregoing resolution is hereby approved this 18 Ii. of May ,2005. Approved as to form and legal content: James F. Penman, City Attorney BY: v:=-~ S P"C'(<' CO<.'" $<2 { , , 2005-123 OR\G\NAl r Contract ~o. 04I05~715-0292 POA '-4 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, CA 92410 CROSSING GUARDS SERVICE AGREEMENT ADMINISTRATIVE SUPPORT'S OFFICE THIS AGREEMENT is made and entered into this 16th day of March 2005, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT" with its principal place of business at 777 North "F" Street, San Bernardino, California 92410. and CITY OF SAN BERNARDINO - POLICE DEPARTMENT, hereinafter referred to as "CITY" having a business address at 710 N. "D" Street, San Bernardino, California 92401. I. TERM OF AGREEMENT A. This Agreement is effective beginning Julv 1. 2004, and continuing through June 30. 2005. The school year is from July I to June 30 of each succeeding year. II. CI1Y'S SCOPE OF WORK A. The CITI's Police Department shall provide crossing guards for children attending schools within the DISTRICT. B. The CITI will train. schedule. provide and supervise personnel in accordance with this Agreement and the rules and regulations of the State of California. C. The ClTI will maintain adequate reserve personnel to furnish alternate guards in the event that any person fails to report for work at the assigned time and location. D. Crossing guards will be provided by the CITI at the designated locations. at the designated hours on all days that the designated schools in the DCISTRICT are in session. E. Crossing guards are employees of the CITI and it shall be their responsibility of the CITI to provide crossing guards with identification as such. including appropriate designation on crossing guard apparel. The apparel shall be worn at all times while the crossing guards are on duty. F. It is the responsibility of the CITI to report to the School and the DISTRICT Human Resources Department whenever a crossing guard will not be present at any assigned location. G. CITI will be responsible for the background and fingerprint clearance for all crossing guards or supervisors who may come into contact with DISTRICT students as described in Education Code 45122.1 and shall return the City of San Bernardino Police Department: Crossing Guards Page 10f4 " C~ntract No: 04105-715-0292 POA DISTRICTs Contractor Certification form stating that this requirement has been met. III. GENERAL RESPONSIBILITIES OF TIlE CI1Y A. The CI1Y is ultimately responsible for the results to be achieved under this Agreement. The CI1Y itself. or others hired by the Cl1Y and under the control of the CI1Y, may provide the services necessary to achieve the results required under this Agreement. B. It is the CI1Y's responsibility to communicate with the individual school sites to acquire a school calendar and determine need and timelines. C. The CI1Y will perform services to achieve the results required hereunder in the CI1Y's own independent way as an independent contractor in the pursuit of the CI1Y's independent calling and not as an employee of the DISTRICT. D. The CI1Y shall provide all of its own supplies and equipment as may be necessary within the scope of the results to be achieved. E. The CI1Y shall complete and return to the DISTRICT the Internal Revenue Service Form W-9, which is included as an enclosure with the Agreement package. IV. RESPONSIBILITIES OF TIlE DISTRICT The DISTRICT will prepare and furnish to the CI1Y upon the Cl1Y's request. such information as is reasonably necessary to the performance of the CI1Y's work under this Agreement. V. CI1Y'S FEE AND PAYMENT TIlEREOF A. In accordance with the negotiation with the CI1Y, the DISTRICT agrees to compensate the CI1Y for one-half of the cost of services rendered to accomplish the results required hereunder. in a total amount not-to-exceed $150,000.00 (one hundred fifty thousand dollars). The cost for the crossing guard is calculated at the rate of $6.75 per hour. including benefits. Invoices are submitted quarterly (three months). B. The CI1Y's fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the Cl1Y under this Agreement. C. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CI1Y under this Agreement. VI. HOLD HARMLESS: A. CI1Y agrees to indemnifY and hold harmless the DISTRICT, its officers, agents, and volunteers from any and all claims, actions or losses, damages, City of San Bernardino Police Department: Crossing Guards Page 2 of 4 , . Contract No: 04105-715-0292 POA and/or liability resulting from CI1Y's negligent acts or omissions arising from the CI1Y's performance of its obligations under the Agreement. B. DISTRICT agrees to indemnifY and hold harmless the CI1Y. its officers. agents. and volunteers from any and all claims. actions or losses. damages. and/or liability resulting from DISTRICT's negligent acts or omissions arising from the DISTRICT's performance of its obligations under the Agreement. C. In the event the CI1Y and/or the DISTRICT is found to be comparatively at fault for any claim. action. loss. or damage which results from their respective obligations under the Agreement. the CI1Y and/or DISTRICT shall indemnifY the other to the extent of its comparative fault. VII. SPECIAL PROVISIONS: A. INSURANCE REQUIREMENTS: 1. The CI1Y shall comply with all applicable federal. state and local laws. rules. regulations. and ordinances. including workers compensation insurance laws. The CI1Y shll provide. through insurance policies or self-insurance. workers compensation insurance coverage for its employees who provide services hereunder. and insurance coverage or self-insurance for any and all claims for damages. injury. death or liability it may sustain or impose on others including the DISTRICT. 2. The CI1Y certifies it will not discriminate on the basis of race. color. national origin. ancestry. sex (including sexual harassment). marital status. handicap. disability. medical condition. religion. or age in any of its policies. procedures. or practices in compliance with all applicable state and federal laws. 3. This shall not be assignable except with the mutual written consent of the parties hereto. 4. This Agreement may be amended by the mutual written consent of the parties hereto. 5. Either party may terminate this Agreement with a thirty (30) day written notice. If terminated. the DISTRICT will pay its share for all the services rendered through the effective day of termination. VIII. COMPLETE AGREEMENT This Agreement. including exhibits. terms on the purchase order and addenda incorporated herein by reference. represents the entire agreement and understanding between the parties. The terms of this Agreement will prevail over any different or additional terms in CI1Ys proposal or other forms unless agreed in writing by DISTRICT. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties. City of San Bernardino Police Department: Crossing Guards Page3 of 4 . , r.fln~ct No: 04/05-715-0292 POA IN WITNESS WHEREOF. the parties have executed this Agreement as set forth below. CITI OF SAN BERNARDINO SAN BERNARDINO CI1Y UNIFIED SC OOL DISTRICT ~~ M HAMMAD Z. ISLAM As . tant Superintendent Business Services Division Date: ~/gJ :hJoS- Date: MAR 1 6 2005 City of San Bernardino Police Department: Crossing Guards Page 4 of 4 San Bernardino City Unified School District Purchasing Services Department -- Contractor Certification -- Concerning Department of Justice (DOJ) fingerprint and criminal background investigation requirements of Education Code section 45125.1 et seq. With respect to the Agreement dated School District -- "DISTRICT" and __ "CONTRACTOR," for provision of M.::.rrh 1 h ?nnc;, ~ity nf ~Fm ~rn;::rrn;n()- Crossina Guards , between the San Bernardino City Unified Pnl;~p. ~DAr+mAnr services: REQUIREMENTS MET A) 0 The CONTRACTOR hereby certifies to the DISTRICT's governing board that it has completed the criminal background check requirements of Education Code (EC) section 45125.1 and that none of its employees that may come into contact with DISTRICT students have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c). --0 R-- IMPORTANT NOTICE: IF YOU ARE REQUESTING A WAIVER, BE ADVISED THAT NO SERVICES ARE TO BE PROVIDED UNTIL SUCH WAIVER IS APPROVED. REQUEST FOR WAIVER B) 0 The CONTRACTOR requests a waiver of the Department of Justice(DOJ) fingerprint and criminal background investigation for the following reason(s) permitted by Education Code section 45125.1 et seq. o The CONTRACTOR and its employees will have NO CONTACT with pupils. (No school-site services will be provided.) o The CONTRACTOR and its employees will have LIMITED CONTACT with pupils. (Attach information about length of time on school grounds, proximity of work area to pupil areas, whether CONTRACTOR/its employees will be working by themselves or with others, and any other factors that substantiate limited contact.) [EC 45125.1 (c)] o The CONTRACTOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupils but will assure that ONE(1) OR MORE of the followin9 methods are utilized to ensure pupil safety. [EC 45125.2(a)] __ Check all methods to be used: o 1) Installation of a physical barrier at the worksite to limit contact with pupils o 2) Continual supervision and monitoring of all employees of the CONTRACTOR by an employee of the CONTRACTOR who has not been convicted of a serious or violent felony as ascertained by the DOJ o 3) Surveillance of employees of the CONTRACTOR by school personnel o The services provided by the CONTRACTOR are for an "EMERGENCY OR EXCEPTIONAL SITUATION, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable" [EC 45125.1(b)] NTRACTOR AUTHORIZEO AGENT: Mayor Title 1d{'Q.(.~ J~S BOTH APPRO Office WAIVER REQUEST: use only By: APPROVED--- DENIED--- Date Mohammad Z. Islam, Assistant Superintendent Business Services Division OR other Authorized Agent WAIVER REQUEST: APPROVED-- DENIED-- By: Date Harold Vol/kommer, Assistant Superintendent Human Resources Division OR other Authorized Agent Revised 8/13/03 ." Vendor/Customer Name and Address (Type or place label here) INDIVIDUAL Name of Individual as it appears on Social Security Card Social Security Number (SSN) Resident of California(Check one) SOLE PROPRIETOR Name of Individual Owner Business Name Taxpayer Identification Number / SSN (Use number that income from business will be reported under) Resident of California(Check one) PARTNERSHIP Name of Partnership Federal Identification Number Resident of California(Check one) CORPORATION Name of Corporation Federal Identification Number Qualified to do business in California and/or perma- nent place of business in California(Check one) TAX EXEMPT ORGANIZATION/ENTITY Name of Organization or Entity Department or Unit, if applicable Federal Identification Number Why Are You Tax Exempt? "':i-'.. Vendor Tax Information (Substitute Form W-9) YES NO YES NO YES NO YES NO CITY OF SAN BERNARDINO - 0 772 GOVERNMENT I hereby certify under penalty of perjury that the information provided on this document is true and correct. ~ ~ DBBUTY DIR./BUDGET MGR 4/11/0, (909) 384-5144 Si nature Title Date Tel No. Failure to furnish correct information and return this form will subject our payment(s) to you to 31% backup withholding per IRS regulations. Retum this Form to: SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North 'F' Street San Bernardino, CA 92410-3017 Alln: Peace Aneke, Contract Anal st W-9FORM r' . City of San Bernardino Human Resources/Risk Management Division 300 N. "0" Street San Bernardino, CA 92418 Linn Livingston Human Resources Director Fred Wilson City Administrator CERTIFICATE OF INSURANCE OR SELF-INSURANCE In the event of cancellation of the self-insurance programs or policies designated below, it is the intent of the City of San Bernardino to main 30 days' prior notice thereof to: Peace O. Aneke, Contract Analyst Purchasing/Contract Department San Bernardino City Unified School District 777 N. 'F' Street San Bernardino, CA 92410 The City of San Bernardino certifies that the following self-insurance programs or insurance policies are in force: Crossing Guards Service Agreement between the San Bernardino City Unified School District and the City of San Bernardino Police Department. The city of San Bernardino Police Department shall provide Crossing Guards for children attending schools within the San Bernardino City Unified School District. This agreement is effective from July 1, 2004 through June 30, 2005. LIMITS OF LIABILITY COMPANY AND POLICY TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injury Prooertv Damaae Comprehensive General Liability Seft-insured Indefinite $1,000,000 Combined Single Limits Incl. Auto Liability Excess Comprehensive General Liability Incl. Auto Liability Workers' Compensation Self-insured Indefinite Statutory No coverage 0 T H E R This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino, Risk Management Division. cc: Devin Peck ADri111, 2005 Date Linn Livingston . Z ~ Director of Human ResourC~f'//./ .A _ __~ - City of San Bernardino ~ Authorized Representative Signature For information regarding the above self-insurance policies, please contact Risk Management Division at (909) 384-5308. "- -". :, .' of. I San Bernardino City Unified School District Business and Non-Instructional Operation Policies San Bernardino Oty Unified Sc:I1ool District Purc:l1asing Department 777 North "F" Street San Bernardino, California 92410 (909) 381-1126 '. BUSINESS AND NON- INSTRUCTIONAL OPERATION Policy No. 3520a SMOKING AND THE USE OF TOBACCO AT DISTRIcr FACTI_ITIES The Board of Education of the San Bernardino City Unified School District recognizes the increasing evidence of health hazards resulting from the use of tobacco products. It also recog- nizes that there are people who choose to use tobacco products. Therefore, in the best interests of the District and its students and employees, the Board of Education establishes the following policy on smoking at District facilities. 1.0 Smoking' at District Facilities 1.1 Srudents It shall be the policy of the San Bernardino City Unified School District to enforce the laws on student smoking and use of tobacco products as detailed in the Education Code and other regulations: Education Code Section 48901: a) No school shall permit the smoking or use of tobacco, or any product containing tobacco or nicotine products, by pupils of the school while the pupils are on campus, or while attending school-sponsored activities or while under the supervision and control of school district employees. b) The governing board of any school district maintaining a high school shall take all necessary steps it deems practical to discourage srudents from smoking. 1.2 Non-Students Effective July I, 1995, smoking and the use of tobacco products by employees and visitors will be prohibited on all District property and in all District vehicles. Appropriate notices shall be posted. (Health and Safety Code Section 14167.) 1.3 Site administrators and supervisors will enforce smoking and tobacco regulations as set forth in this policy. 2.0 Assistance The District will make available to employees and students a list of clinics and other agencies that provide programs which assist individuals who wish to stop smoking or using other tobacco products. It will also keep members of the District informed of -. a" PERSONNEL Policy No.4 136 AFFIR.\.IATIVE ACTION PROGRA~1 FOR EOUAL EMPLOYME",'T OPPORTUNITY Statement of Policv The Board of Education of the San Bernardino City Unified School District, in compliance with Title VI and VII of the Civil Rights Act of 1964. Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967. the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, the federal Family and Medical Leave Act, California Family Rights Act and Fair Employment and Housing Act, reaffirms its policy as an Equal Opportunity! Affirmative Action employer to ensure that all persons are l'rovided equal opportunity in employment and 'education and to prohibit discrimination on the basis of race, color, sex, age, national origin, ancestry, marital status. physical disability. mental disability. medical condition. religion, family care and medical leave entitlement. or veteran's status. and to make reasonable accommodations to the physical and mentallirnitations of qualified individuals with disabilities to the extent feasible. The Board recognizes its legal and moral responsibility to society, in general, and specifically to ensure that progress is being made toward increasing the level of representation of m.inori ties, women, and the disabled in the work force with their availability in the labor pool. Therefore, an Afrirmative .~ction Employment Program was adopted in 19;3 and institutionalized as an ongo- ing comm.itIT',ent to ensure that all employment actions such as recruitment, hiring promotions and placement decisions are made solely on the basis of an in;iividual's merit and qualifications without regad to race. color. sex. age. national origin, ancest:y. marital status, physical disabil- ity. mental disability. medical condition, religion, family care leave entitlement or veteran's status, and all other personnel activities which include, but are not limited to, benefits, transfers, demotions. training. and upward mobility programs. Beyond CO!':'1Flying with the letter of the law. the District recC'gnizes that within our pluralistic society the educational institution has an obligation to promote cultural. racial, and human . understanding within the communities it serves. An effective method of achieving this objective is to provide students with a District staff which is reflective of both sexes, as well as multiethnic and cultural characteristics of society. For these reasons, the District will continue to design and develop programs and activities to seek out and attract qualified members of "protected groups" which will ,,,,vice us with a broader di"ersity of personnel ~~.d ultimately reach our desired Affirm:!tive A.:tion goals where they are undemtihzed. ;';ote: A copy of the Affirmati"e Action Program H.lndbook is on file in the Affirmative A.:tion Office. Adopted by the Be-ad of Edu.:ation: June 5. 1930 Revised: September Ii. 1996 . . " , PERSONNEL Policy No. 4136.la NONDTSCRIMIN A. TORY HAR<\SSMENT POLICY PUll'ose: To prevent discriminatory harassment in the work place and educational environment. Reiulation: 1. Policv Statement: The San Bernardino City Unified School District is committed to providing all employees and students a working and learning environment that is free of discrimination in accordance with applicable state and feaerallaws. This nondiscriminatory working and learning environment is for the benefit of all District employees (non-supervisory, supervisors and management) and students. All employees are expected to fully comply with this policy. Additionally, non- employees who have contact v.ith the District's employees or students during working or educational hours are expected to conduct themselves in accordance with this policy. Absolutely no one is authorized to engage in conduct prohibited by this policy. In keeping v.ith this commitment to a nondiscriminatory working environment, the District maintains a strict policy prohibiting sexual harassment and harassment r... :d on age over forty, race, color. sex, religious creed, national origin, ancestry, medical conditJJn", marital status, physical or mental disability. or family care and medical leave entitlement in accordance with applicable state and federal laws. This policy prohibits all forms of discriminatory harassment through any means, including nonverbal, verbal (including derogatory comments, slurs, propositions, teasing, jokes or taunts), physical (including gestures, touching, obstructing or otherwise interfering with a person's movement) or visual (including leering, cartoons, drawings, magazines, notes, letters or posters). This policy prohibits all conduct by which an employee or student because ohace, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition", marital status, age over forty, sex or family care and medical leave entitlement, is subjected to unwelcome, offensive, intimidating, oppressive or otherwise interfering harassment. ""Medical Condition" is defined, in accordance v.ith the California Fair Employment and Housing Act, as any health impairment related to or associated v.ith a diagnosis of cancer, for which a person has been rehabilitated or cured, based on competent medical evidence. 2. Sexual Harassment. All of the foregoing apply to complaints of sexual harassment. For the purpose of clarification, prohibited sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, visual or physical conduct of a sexual nature where: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; or (2) submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions effecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with work or ,.- ( ., '. PERSONNEL Policy No. 4136.lc 5. Complaints: Individuals who have been subjected to discriminatoI)' harassment have an obligation to immediately report the incident or incidents to their immediate supervisor or the District's Affinnative Action Officer, who is also the District's Title IX Coordinator. The complaint will be processed in accordance with the District's Unifonn Complaint Policy and Procedure. The procedure set forth pursuant to the District's Unifonn Complaint Policy and Procedure does not deny the right of any individual to pursue other avenues of remedy under the jurisdiction of any state or federal law.. 6. Notifications: Pursuant to Educational Code 212.6, a copy of this policy will be displayed in a prominent location in the main administrative building or other areas of the school site. A prominent location is a location where notices regarding the District's rules, regulations, procedures, and standards of conduct are posted. Also, a copy of this policy will be provided to each person employed by the school district at the beginning of the first quarter or semester of the school year, or at the time that a new employee is hired. . A copy of this written policy on sexual harassment ",ill appear in any District publication that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the District. Site administrators or immediate supervisors who receive a sexual harassment incident report from any employee, non-employee or the public are required to submit a report to the Affinnative Action Office in order for the Affirmative Action Office to maintain a record of complaints. Adopted by the Board of Education: June 26, 1984 Revised: January 21,1992 Revised: July 6, 1993 Revised: February 18, 1997 1 . : PERSONNEL Policy No. 4205. DRUG-FREE WORKPLACE The San Bernardino City Unified School District provides a drug-free workplace for all its employees. The unlav,rful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited during working hours, at District activities, or on District property . This includes being unlav.fully under the influence of a controlled substance during working hours, at District activities, or on District property. Violation of this policy will result in disciplinazy action up to and including dismissal from District employment. The District offers an Employee Assistance Program (EAP), which includes drug counseling and rehabilitation. Employees may use the EAP free of charge. All EAP counSeling is confidential. Employees must notify the District of any criminal drug statutory conviction for a violation occurring in the workplace no later than five (5) days after such a conviction. The Superintendent or his designee shall notify the applicable federal agency within ten (10) days after receiving notice of an employee's workplace conviction or otherwise receive the actual notice of such a conviction. The Superintendent or his designee shall prepare procedures to implement this policy. This drug-free workplace policy shall be communicated to all employees. Pre-emplovment All candidates for initial employment must be tested for illegal drugs following a conditional offer of employment and prior to working. In addition. all candidates for employment in safety sensitive occupations, including the following: School Police, School Police Dispatch, Campus Security, School Security, and all positions requiring a commercial driver's license, must be tested for illegal drugs follov.ing a conditional offer of employment and prior to working in the safety sensitive job. Random and Post-Accident Alcohol and Drug Testini At least 50 percent of all employees in positions requiring a commercial driver's license must be random tested for alcohol and drugs. Testing must be performed quarterly. Employees in positions requiring a commercial driver's license must be tested for alcohol and drugs following an accident resulting in any of the follov,ing circumstances: I) a fatality: 2) someone requiring medical treatment away from the accident scene; 3) one of the vehicles involved being towed from the scene; and/or 4) the District's driver receiving a citation arising from the accident. ~OTE: See related Procedure No. 42 I Oa-b Adopted by the Board of Education: April 18, 1989 AJnended: August 2, 1994 AJnended: December 2, 1997 . '-{