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HomeMy WebLinkAboutCMC 2018 agreement STATE OF CALIFORNIA STANDARD AGREEMENT STD 213(Rev 06(03) AGREEMENT NUMBER C5607801 REGISTRATION NUMBER 1. This Agreement is entered into between the State.Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Corrections and Rehabilitation Contractors Name City of Arroyo Grande 2. The term of this July 1,2017 through June 30, 2020 Agreement is: 3. The maximum amount $0.00 REIMBURSEMENT • of this Agreement is: Zero Dollars and Zero Cents ' 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A—Scope of Work 6 pages Exhibit B—Budget Detail and Payment Provisions 1 page Exhibit B-1-Rate Sheet 1 page Exhibit C*-General Terms and Conditions GTC-04/17 Exhibit D—Special Terms and Conditions 13 pages Exhibit E - Prison Rape Elimination Policy 2 pages Items shown with an Asterisk(*),am hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.dos.ca.gov/ofs/Resources/StandardContractLanguacte.asnx IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. _ CONTRACTOR California Department of General CONTRACTORS NAME(if other than an individual,state whether a corporation,partnership,eta) Services Use Only City of Arroyo Grande BY(Authorized Signature) DATE SI D(Do not type) /2// PRINT D NAME •TITLE OF PERSON SIGNING •;,: - - �_ - , City Manager ADDRESS 4/1V✓I T{ it0A.V11 300 E. Branch Street,Arroyo Grande, CA 93420 (805)473-5400 STATE OF CALIFORNIA AGENCY NAME Department of Corrections and Rehabilitation BY(Authorized Signature) DATE SIGNED(Do not type) RS- PRINTED ESPRINTED NAME AND TITLE OF PERSON SIGNING ®Exempt per: GINA BANKS, Chief, Institution Contracts Section ADDRESS 9838 Old Placerville Road, Suite B-2, Sacramento, CA 95827 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work INMATE COMMUNITY SERVICE WORK CREWS (Reimbursement) INTRODUCTION/SERVICE The California Department of Corrections and Rehabilitation(CDCR), California Men's Colony (CMC) located at Hwy #1 North, San Luis Obispo, CA 93409 shall provide inmate community service work crews to perform community crew services for City of Arroyo Grande owned properties. The City of Arroyo Grande,located at 1375 Ash Street,Arroyo Grande,California 93420,is the recipient of the services and is known herein as"Contractor". This contract shall provide a meaningful, useful, and manageable work program as part of the work incentive of inmates at CMC to render a public service. Under no circumstances are inmates or CDCR employees to be considered employees or agents of the City during the term of their assignment to projects. Services to be provided by CDCR inmate work crews shall consist of the following but not limited to: Graffiti removal Community Event Clean-Up Litter removal Weed abatement Painting Miscellaneous landscaping work Streambed Maintenance Pruning trees and shrubs General clean-up,and other activities mutually agreed upon. II. CONTRACTOR RESPONSIBILITIES a. Designate a Project Coordinator (PC) representative for each assigned project who will assist and give instructions and technical supervision for each project performed by inmates, as well as deadlines for projects,if applicable. b. Ensure inmate work crews are not used in lieu of paid staff or in violation of the Public Contract Code(s). c. Ensure that there is no commingling of inmate crews with the public or Contractor staff other than the immediate technical direction by Contractor to Censure quality control of the work to be performed. d. Provide training to inmate crews in all safety procedures and a safe working environment. CDCR realizes and acknowledges that the performance of work in and around the work sites can be hazardous and that injuries to workers can occur which cannot be reasonably avoided by any of the parties hereto. However,the Contractor agrees not to assign any inmate work crews to work in any area which the Contractor knows to be unsafe or in a dangerous condition. e. Provide assignments and necessary equipment,materials,plans,technical guidance,and supplies as necessary for all projects to be completed except when agreed upon in advance that CDCR will 3 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work furnish all or part. Provide any special clothing and/or safety equipment required in addition to what CDCR provides. f. Provide any heavy equipment necessary for the completion of projects and personnel to operate the heavy equipment. g. Maintain all equipment in good working condition. The cost of equipment,materials,and supplies will be at the sole expense of the Contractor. h. Ensure that all equipment necessary to complete project is delivered to the worksite. i. Provide traffic control and adequate equipment/materials(i.e., barricades, cones and signs, etc.)to ensure the safety of all workers. j. Provide portable toilets adjacent to the worksite. k. Report all disputes/concerns from the community, labor unions and contractor staff. Contractor shall inform the Contract Manager within seven(7)days in writing. 1. Contractor staff working in and around inmates will be'familiar with the laws,rules and regulations governing conduct in associating with prison inmates. A summary of the law, rules, and regulations is attached as Exhibit D, Item 27. Contractor is responsible for ensuring employees adhere to the laws,rules and regulations relating to inmates. m. Contractor will provide an area within their jurisdiction,wherein equipment,tools and supplies are stored for use by the Off Reservation Work Detail(ORWD)work crews. These areas will provide reasonable security from public intrusion and/or access by unauthorized persons. These areas will be available for routine search and inspection by CDCR during business hours and with reasonable notification to the Contractor,during non-business hours. III. CDCR RESPONSIBILITIES a. Assign qualified custodial qualified inmate workers to perform general labor on the properties under the jurisdiction of the Contractor. Under no circumstances will said work crew be used on public works projects or projects requiring skilled labor or projects requiring public bidding. b. Reject any project that could jeopardize the use of inmate laborers or bring undue criticism to the use of this resource. c. Maintain,through proper classification procedures, a list of approved inmates to be utilized as off- reservation work detail workers. d. Determine the quantity of inmates that will be committed to a specific work site based on safety/security factors. Inmate work crew size will be determined by CDCR. 2 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work e. Be responsible for maintaining a daily log and control of all tools, equipment and fuel assigned to the inmate work crew. All tools must be accounted for at the end of each work day. f. Provide custody supervision for the discipline, security, control, welfare and safety of inmates, contractor staff and the general public. g. Bear any obligations to provide worker's compensation insurance for the assigned inmate workers and custody staff to the extent that such obligations may apply,except as specified by law(Section 3370-3371,Labor Code). h. Perform all necessary paperwork including but not limited to, hours worked, department served, travel logs,and invoicing for services. i. Provide transportation of inmate work crews to the worksite and for their return to CMC at the end of each workday. j. Provide gloves and protection coveralls for the inmate work crews. Provide inmates with all personal protective equipment and/or safety gear for each project as necessary. The CDCR will provide first aid kits as required by CAL OSHA. k. Ensure the inmate work crew wears all safety equipment provided at all times. The Contractor is responsible for instructing which safety item must be worn at the worksite. 1. To provide sack lunches for inmates at the work project. m. Temporarily suspend work on any project without prior notification based on unforeseen custodial or situational circumstances. Written notification will be given if suspension will exceed 24 hours. Contractor agrees that scheduled work crew activities may be delayed and/or canceled as a result of CMC security issues such as lockdowns and/or inclement weather that poses a security hazard such as fog. The CDCR shall not be liable for any delay. n. Ensure that inmate work crews shall not be assigned project work on or adjacent to private or public school grounds,day care centers,etc.while in session. o. Ensure that inmate work crews shall not operate any tools, equipment, or motorized vehicles that they have not been trained and authorized to use. p. Ensure inmate workers are not allowed to operate any mobile equipment on a public road, except in extreme emergency, and must report such instance to the inmate work crew supervisor immediately following the emergency as outlined in the California Code of Regulations,Title 215, and Section 3408,VEHICLES. IV. LIABILITY a. Neither Contractor, nor any officer or employee hereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CDCR under or in 3 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work connection with any work, authority or jurisdiction not delegated to Contractor under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CDCR will fully indemnify and hold Contractor harmless for any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CDCR under or in connection with any work not delegated to Contractor under this Agreement. b. Neither CDCR,nor any officer or employee thereof will be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Contractor under or in connection with any work, authority or jurisdiction delegated to Contractor under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, Contractor shall fully indemnify and hold CDCR harmless for any liability imposed for injury(as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Contractor under or in connection with any work not delegated to CDCR under this Agreement. c. Nothing in this Agreement is intended to, nor shall operate so as to abrogate any legal immunity afforded either CDCR or Contractor, including, but not limited to, immunities provided by Government Code sections 844.6, 845.8.or similar such immunities afforded under law. d. It is understood that the contractual relationship of CDCR and City is that of independent Contractor. The agents and employees of CDCR on assignment to Contractor are not, and shall not be considered employees or agents of Contractor. V. WORK SCHEDULE Upon mutual agreement by both parties, inmate crews and custodial staff shall be provided to the Contractor between the hours of 7:30 a.m. and 3:30 p.m. up to four(4) days per week, Monday through Thursday. Except in cases of emergency,there shall be no project work on Friday, Saturday, Sunday or those holidays defined in Section 6700 through 6705 of the'California Government Code as designated holidays for state employees. Work schedule shall commence and end at CMC. The maximum hours allowed per day for custody staff and inmate workers is 9 hours. VI. DISCIPLINE Discipline of the inmate workers is the sole responsibility of CDCR staff. Contractor,whenever possible, assists Correctional Officers in control of inmates in emergency situations on work locations under the guidance of custody staff. Contractor personnel shall report through established channels all acts of inmate workers contrary to law,regulations,or City rules. VII. ACCIDENT/DAMAGES Damage caused to Contractor's equipment due to abuse, unauthorized alterations, , misuse, use of unauthorized agents, vandalism or negligence by the State or its officers, agents, employees, or CDCR inmates, shall be paid for by CDCR except on a time and material basis. Such repairs will be performed by the Contractor. 4 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work VIII. ADDITIONAL TERMS In the event of a conflict between the terms and conditions as set forth in this Scope of Work and the terms and conditions set forth in other exhibits,the terms and conditions set forth in the Scope of Work shall prevail/control. IX. NOTICES Notices (correspondence) to be given between the parties shall be in writing. Addresses are as follows: Public Information Officer Lieutenant Monica Ayon California Men's Colony P.O.Box 8101 San Luis Obispo,CA 93409 Phone Number:(805)547-7948 California Men's Colony Contract Manager Kathryn McQuaid,Associate Warden Business Services. CMC State Prison P.O.Box 8101 San Luis Obispo,CA 93409 Phone Number: (805)547-7918 Fax Number: (805)547-7520 kathryn.mcquaid@cdcr.ca.gov Bill Robeson,Director of Public Works City of Arroyo Grande 1375 Ash Street Arroyo Grande,CA 93420 Phone Number: (805)473-5466 Fax Number: (805)473-5462 Brobeson@arrovogrande.com X DEPARTMENT OF CORRECTIONS AND REHABILITATION CONTACT INFORMATION Should questions or problems arise during the term of this contract, the Contractor should contact the following offices: • Reimbursement/Payment Issues: Accounting Services Branch-Rancho Cucamonga Phone Number: (909)483-1545 role-invoices.scrao@cdcr.ca.gov • Scope of Service/Performance Issues: Public Information,Contract Manager Phone Number: (805)547-7927 kathryn.mcquaid@cdcr.ca.gov 5 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213(Rev 46/03) AGREEMENT NUMBER C5607801 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below STATE AGENCY'S NAME California Department of Corrections and Rehabilitation Contractors Name City of Arroyo Grande 2. The term of this July 1, 2017 through June 30, 2020 Agreement is: 3. The maximum amount $0.00 REIMBURSEMENT of this Agreement is: Zero Dollars and Zero Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A—Scope of Work 6 pages Exhibit B—Budget Detail and Payment Provisions 1 page Exhibit B-1-Rate Sheet 1 page Exhibit C*- General Terms and Conditions GTC-04117 Exhibit D—Special Terms and Conditions 13 pages Exhibit E- Prison Rape Elimination Policy 2 pages Items shown with an Asterisk C),am hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.dcs.ca.gov/ols/Resources/StandardContractLanauaae.aspx IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General CONTRACTORS NAME(if other than an Individual,state whether a corporation,partnership,etc.) Services Use Only City of Arroyo Grande BY(Authorized Signature) DATE SI D(Do not type) PRI L OF Yt /2// PRI D NAME TITLE PERSON SIGNING eL: , City Manager ADDRESS si—`tV✓I rg1MQvl/l 300 E. Branch Street, Arroyo Grande, CA 93420 (805)473-5400 STATE OF CALIFORNIA AGENCY NAME Department of Corrections and Rehabilitation BY(Authorized Signature) DATE SIGNED(Do nor type) PRINTED NAME AND TITLE OF PERSON SIGNING ®Exempt per. GINA BANKS, Chief, Institution Contracts Section ADDRESS 9838 Old Placerville Road, Suite B-2, Sacramento, CA 95827 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work NMATE COMMUNITY SERVICE WORK CREWS (Reimbursement) I. INTRODUCTION/SERVICE. The California Department of Corrections and Rehabilitation(CDCR), California Men's Colony(CMC) located at Hwy #1 North, San Luis Obispo, CA 93409 shall provide inmate community service work crews to perform community crew services for City of Arroyo Grande owned properties. The City of Arroyo Grande,located at 1375 Ash Street;Arroyo Grande,California 93420, is the recipient of the services and is known herein as"Contractor". This contract shall provide a meaningful, useful, and manageable work program as part of the work incentive of inmates at CMC to render a public service. Under no circumstances are inmates or CDCR employees to be considered employees or agents of the City during the term of their assignment to projects. Services to be provided by CDCR inmate work crews shall consist of the following but not limited to: Graffiti removal Community Event Clean-Up Litter removal Weed abatement Painting Miscellaneous landscaping work Streambed Maintenance Pruning trees and shrubs General clean-up,and other activities mutually agreed upon. II. CONTRACTOR RESPONSIBILITIES a. Designate a Project Coordinator (PC) representative for each assigned project who will assist and give instructions and technical supervision for each project performed by inmates, as well as deadlines for projects,if applicable. b. Ensure inmate work crews are not used in lieu of paid staff or in violation of the Public Contract Code(s). c. Ensure that there is no commingling of inmate crews with the public or Contractor staff other than the immediate technical direction by Contractor to 1ensure quality control of the work to be performed. d. Provide training to inmate crews in all safety procedures and a safe working environment. CDCR realizes and acknowledges that the performance of work in and around the work sites can be hazardous and that injuries to workers can occur which cannot be reasonably avoided by any of the parties hereto. However,the Contractor agrees not to assign any inmate work crews to work in any area which the Contractor knows to be unsafe or in a dangerous condition. e. Provide assignments and necessary equipment,materials,plans,technical guidance,and supplies as necessary for all projects to be completed except when agreed upon in advance that CDCR will 1 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work furnish all or part. Provide any special clothing and/or safety equipment required in addition to what CDCR provides. f. Provide any heavy equipment necessary for the completion of projects and personnel to operate the heavy equipment. g. Maintain all equipment in good working condition. The cost of equipment,materials,and supplies will be at the sole expense of the Contractor. h. Ensure that all equipment necessary to complete project is delivered to the worksite. i. Provide traffic control and adequate equipment/materials (i.e., barricades, cones and signs, etc.)to ensure the safety of all workers. j. Provide portable toilets adjacent to the worksite. k. Report all disputes/concerns from the community, labor unions and contractor staff. Contractor shall inform the Contract Manager within seven(7)days in writing. 1. Contractor staff working in and around inmates will be familiar with the laws,rules and regulations governing conduct in associating with prison inmates. A summary of the law, rules, and regulations is attached as Exhibit D, Item 27. Contractor is responsible for ensuring employees adhere to the laws,rules and regulations relating to inmates. m. Contractor will provide an area within their jurisdiction, wherein equipment,tools and supplies are stored for use by the Off Reservation Work Detail(ORWD)work crews. These areas will provide reasonable security from public intrusion and/or access by unauthorized persons. These areas will be available for routine search and inspection by CDCR during business hours and with reasonable notification to the Contractor,during non-business hours. III. CDCR RESPONSIBILITIES a. Assign qualified custodial qualified inmate workers to perform general labor on the properties under the jurisdiction of the Contractor. Under no circumstances will said work crew be used on public works projects or projects requiring skilled labor or projects requiring public bidding. b. Reject any project that could jeopardize the use of inmate laborers or bring undue criticism to the use of this resource. c. Maintain,through proper classification procedures, a list of approved inmates to be utilized as off- reservation ffreservation work detail workers. d. Determine the quantity of inmates that will be committed to a specific work site based on safety/security factors. Inmate work crew size will be determined by CDCR. 2 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work e. Be responsible for maintaining a daily log and control of all tools,equipment and fuel assigned to the inmate work crew. All tools must be accounted for at the end of each work day. f. Provide custody supervision for the discipline, security, control, welfare and safety of inmates, contractor staff and the general public. g. Bear any obligations to provide worker's compensation insurance for the assigned inmate workers and custody staff to the extent that such obligations may apply,except as specified by law(Section 3370-3371,Labor Code). h. Perform all necessary paperwork including but not limited to, hours worked, department served, travel logs,and invoicing for services. i. Provide transportation of inmate work crews to the worksite and for their return to CMC at the end of each workday. j. Provide gloves and protection coveralls for the inmate work crews. Provide inmates with all personal protective equipment and/or safety gear for each project as necessary. The CDCR will provide first aid kits as required by CAL OSHA. k. Ensure the inmate work crew wears all safety equipment provided at all times. The Contractor is responsible for instructing which safety item must be worn at the worksite. 1. To provide sack lunches for inmates at the work project. m. Temporarily suspend work on any project without prior notification based on unforeseen custodial or situational circumstances. Written notification will be given if suspension will exceed 24 hours. Contractor agrees that scheduled work crew activities may be delayed and/or canceled as a result of CMC security issues such as lockdowns and/or inclement weather that poses a security hazard such as fog. The CDCR shall not be liable for any delay. n. Ensure that inmate work crews shall not be assigned project work on or adjacent to private or public school grounds,day care centers,etc.while in session. o. Ensure that inmate work crews shall not operate any tools, equipment, or motorized vehicles that they have not been trained and authorized to use. p. Ensure inmate workers are not allowed to operate any mobile equipment on a public road, except in extreme emergency, and must report such instance to the inmate work crew supervisor immediately following the emergency as outlined in the California Code of Regulations,Title 215, and Section 3408,VEHICLES. IV. LIABILITY a. Neither Contractor, nor any officer or employee hereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CDCR under or in 3 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work connection with any work, authority or jurisdiction not delegated to Contractor under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CDCR will fully indemnify and hold Contractor harmless for any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CDCR under or in connection with any work not delegated to Contractor under this Agreement. b. Neither CDCR,nor any officer or employee thereof will be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Contractor under or in connection with any work, authority or jurisdiction delegated to Contractor under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, Contractor shall fully indemnify and hold CDCR harmless for any liability imposed for injury(as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Contractor under or in connection with any work not delegated to CDCR under this Agreement. c. Nothing in this Agreement is intended to, nor shall operate so as to abrogate any legal immunity afforded either CDCR or Contractor, including, but not limited to, immunities provided by Government Code sections 844.6,845.8 or similar such immunities afforded under law. d. It is understood that the contractual relationship of CDCR and City is that of independent Contractor. The agents and employees of CDCR on assignment to Contractor are not, and shall not be considered employees or agents of Contractor. V. WORK SCHEDULE Upon mutual agreement by both parties, inmate crews and custodial staff shall be provided to the Contractor between the hours of 7:30 a.m. and 3:30 p.m. up to four(4) days per week, Monday through Thursday. Except in cases of emergency,there shall be no project work on Friday, Saturday, Sunday or those holidays defined in Section 6700 through 6705 of the California Government Code as designated holidays for state employees. Work schedule shall commence and end at CMC. The maximum hours allowed per day for custody staff and inmate workers is 9 hours. VI. DISCIPLINE Discipline of the inmate workers is the sole responsibility of CDCR staff. Contractor,whenever possible, assists Correctional Officers in control of inmates in emergency situations on work locations under the guidance of custody staff. Contractor personnel shall report through established channels all acts of inmate workers contrary to law,regulations,or City rules. VII. ACCIDENT/DAMAGES Damage caused to Contractor's equipment due to abuse, unauthorized alterations, , misuse, use of unauthorized agents, vandalism or negligence by the State or its officers, agents, employees, or CDCR inmates, shall be paid for by CDCR except on a time and material basis. Such repairs will be performed by the Contractor. 4 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work VIII. ADDITIONAL TERMS In the event of a conflict between the terms and conditions as set forth in this Scope of Work and the terms and conditions set forth in other exhibits, the terms and conditions set forth in the Scope of Work shall prevail/control. IX. NOTICES Notices (correspondence)to be given between the parties shall be in writing. Addresses are as follows: Public Information Officer Lieutenant Monica Ayon California Men's Colony P.O.Box 8101 San Luis Obispo,CA 93409 Phone Number:(805)547-7948 California Men's Colony Contract Manager Kathryn McQuaid,Associate Warden Business Services. CMC State Prison P.O.Box 8101 San Luis Obispo,CA 93409 Phone Number: (805)547-7918 Fax Number: (805)547-7520 kathryn.mcquaid@cdcr.ca.gov Bill Robeson,Director of Public Works City of Arroyo Grande 1375 Ash Street Arroyo Grande,CA 93420 Phone Number: (805)473-5466 Fax Number: (805)473-5462 Brobeson@arrovogrande.com X. DEPARTMENT OF CORRECTIONS AND REHABILITATION CONTACT INFORMATION Should questions or problems arise during the term of this contract, the Contractor should contact the following offices: • Reimbursement/Payment Issues: Accounting Services Branch-Rancho Cucamonga Phone Number: (909)483-1545 role-invoices.scrao@cdcr.ca.gov • Scope of Service/Performance Issues: Public Information,Contract Manager Phone Number: (805)547-7927 kathryn.mcquaid@cdcr.ca.gov 5 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work • General Contract Issues Office of Contract Services Phone Number: (916)255-6180 FAX Number: (916)255-6184 6 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions for Reimbursements 1. Invoicing and Payment(reimbursement contracts) • a. The CDCR will submit an Invoice to the Contractor, by the 10th day of each month for the preceding month's services; based on the rates specified in Exhibit B-1, Rate Sheet, which is attached hereto and made part of this Agreement. b. Payments will be due within thirty (30) days of the statement date and shall be remitted to the appropriate CDCR Accounting office below: California Department of Corrections and Rehabilitation (CDCR) ASB— Rancho Cucamonga Attention: Accounts Receivable PO Box 6000 Rancho Cucamonga, CA 91729-6000 Page 1 of 1. City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit B-1 Rate Sheet INMATE COMMUNITY SERVICE WORK CREWS (Reimbursement) Contractor shall reimburse CDCR,monthly in arrears,as follows: Correctional Officer Reimbursement* $500.00 Per day Correctional Officer Reimbursement(3hr or less)* $250.00 Per day Crew Inmate $2.25 Per day Lead Man Inmate $3.00 Per day Mileage reimbursement $1.20 Per mile *This amount may increase per contract negotiations at any time during the agreement term.* Any changes to the Correctional Officer reimbursement rate as a result of contract negotiations will require a formal amendment to the contract. Effective January 1, 2017, the reimbursement authority for guarding costs will be based upon actual salary(including pay differentials)plus benefits incurred for the officer providing this assignment.If the officer providing this assignment is performing an overtime shift,then the officer's overtime pay will be reimbursed. This will ensure appropriate reimbursement,thereby assisting with accountability and cost- containment measures. CMC will submit a detailed statement to Contractor each month which sets forth days, hours per day worked,miles traveled to and from CMC and number of inmates in the workforce assigned to Contractor in the month immediately preceding. CMC will add 30% to the monthly statement to the Contractor (10%to be placed in the Inmate Welfare Fund plus 20%'for administrative costs). Contractor will pay said statement within 30 days after receipt thereof. CMC shall have sole responsibility for disbursement of these payments to the personnel involved. 1 of 1 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements. 1. Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of Exhibit C) As a condition precedent to Contractor's right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor's failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies. Pending the final resolution of any .such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor's failure to diligently proceed shall constitute a material breach of the Agreement. The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper. A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California. 2. Confidentiality of Data All financial, statistical, personal, technical and other data and information relating to State's operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor's possession that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties. No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) without prior written approval from the State. Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals. Page 1 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 3. Accounting Principles The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit. 4. Taxes Unless required by law, the State of California is exempt from federal excise taxes. 5. Right to Terminate(Supersedes provision number 7,Termination for Cause, of Exhibit C) The parties hereto agree that either party may cancel this Agreement by giving the other party written notice thirty (30) days in advance of the effective date of such cancellation. In the event of such termination, the State agrees' to pay Contractor for actual services rendered up to and including the date of termination. The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 6. Contract Suspension Notwithstanding any other provisions of this Agreement, pursuant to a Governor's Executive Order or equivalent directive, such as a court order or an order from a federal or state regulatory agency, mandating the suspension of state contracts, the State may issue a Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all performance under the Agreement(s) must stop immediately upon receipt of the Notice. During the period of contract suspension, Contractor is not entitled to any payment for the suspended work. Once the order suspending state contracts has been lifted, a formal letter from the Department will be issued to the Contractor to resume work. 7. Extension of Term If it is determined to be in the best interest of the State, this Agreement may be amended to extend the term at the rates agreed upon by CDCR and the Contractor. 8. Contractor Employee Misconduct During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify the CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to inmates/parolees and the Page 2 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDCR that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or parolees at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement. 9. Subcontracting Services provided are to be performed primarily with the staff of the public entity or, in the case of educational institutions, auxiliaries or foundations, by the faculty, staff or students associated with the particular institution. Agreements are not to be used by state agencies to circumvent the competitive bidding requirements of Public Contract Code Section 10340. If more that twenty-five (25) percent of the total contract amount or$50,000.00, whichever is less, is subcontracted, non-competitive bid approval must be obtained from the Secretary of CDCR and the Department of General Services prior to the commencement of services, unless the subcontract was competitively bid or the subcontractor(s) also qualifies as a state agency, governmental agency, or joint power. 10.Subcontractor/Consultant information Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing, within ten (10) working days, of any changes to the subcontractor and/or consultant information. 11. Liability for Nonconforming Work The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor's deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for,the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects. 12.Temporary Nonperformance If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor's Page 3 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price. 13.Contract Violations The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is' subject to the remedies and penalties contained in PCC Sections 10420 through 10425. 14.Employment of Ex-Offenders Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement: a. Ex-Offenders on active parole or probation, who have been on active parole or probation during the last three years preceding their employment; 1. Contractor shall only employ ex-offenders who can provide written evidence of having satisfactorily completed parole or probation, and who have remained off parole or probation, and have had no arrests or convictions within the past three years. b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal Code Sections 4570-4574 (unauthorized Communications with Prisons and Prisoners Offenses). c. Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section 290. d. Any ex-offender who has an offense history involving a "violent felony" as defined in subparagraph (c)of Penal Code Section 667.5; or e. Any ex-offender in a position which provides direct supervision of parolees. An ex-offender whose assigned duties involve administrative or policy decision-making, accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State or contractor. Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender. 15.Conflict of Interest The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest. a. Contractors and Their Employees • Consultant contractors shall file• a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Page 4 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Agreement, annually during the life of the Agreement, and within thirty (30) days after the expiration of the Agreement. Other service contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service contractors (other than consultant contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists: (1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur; (2) The Contractor and/or Contractor's employee(s), pursuant to the Agreement, makes or influences a governmental decision; or (3) The Contractor and/or Contractor's employee(s) serves in a staff capacity with the CDCR and in that capacity participates' in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR's Conflict of Interest Code. b. Current State Employees (1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. (2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. (3) In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of: (a) Using an official position for private gain; (b) Giving preferential treatment to any particular person; (c) Losing independence or impartiality; (d) Making a decision outside of official channels; and (e) Affecting adversely the confidence of the public or local officials in the integrity of the program. (4) Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. c. Former State Employees (1) For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency. (2) For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12- month period prior to his or her leaving state service. In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either directly or indirectly through an affiliated company, person or business unless Page 5 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements specifically authorized in writing by CDCR. In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with inmates or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by CDCR. For the purposes of this paragraph, "affiliated company, person or business" means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders, either directly or indirectly. "Affiliated companies, persons or businesses" include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders. The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement. The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor's business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor's business status or structure that could affect the performance of the Contractor's duties under the Agreement. If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void. Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem. 16.Notification of Personnel Changes Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor's employee(s) upon their departure or termination. 17.Security Clearance/Fingerprinting The State reserves the right to conduct fingerprinting and/or security clearance—through the Department of Justice, Bureau of Criminal Identification and Information (BCII)—prior to award and at any time during the term of the Agreement, in order to permit Contractor (and/or Contractor employee) access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined. Page 6 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 18.Computer Software Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 19. Expendable Equipment Expendable equipment is defined as expendable items which change with use and have a unit acquisition cost of less than $5,000 per unit (i.e. fax machines, computers, printers, etc.). Title to any expendable equipment purchased or built with State funds as part of this agreement will vest in the State. The Contractor must retain a listing of expendable equipment purchases that are considered "theft-sensitive" items, such as cameras, calculators, two-way radios, computer equipment, etc., for audit purposes. Upon completion or termination of the agreement, Contractors are required to leave all expendable equipment for use by subsequent contractors or for the State to dispose of accordingly. The State may authorize the continued use of such equipment for work to be performed under a different agreement. The cost of expendable equipment purchased should be comparable to the prevailing price for similar items in the surrounding area.. 20. Electronic Waste Recycling The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. 21.Liability for Loss and Damages Any damages by the Contractor to the State's facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement. 22. Disclosure Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known made by any inmate or,parolee which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s)to the State. 23.Workers' Compensation Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this agreement, carry workers' compensation insurance, at Contractor's expense, or that it is self-insured through a policy acceptable to CDCR, for all of its employees who Page 7 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements will be engaged in the performance of this agreement. Such coverage will be a condition of CDCR's obligation to pay for services provided under this agreement. Prior to approval of this agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers' compensation coverage. Contractor agrees that the workers' compensation insurance shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires or is canceled at any time during the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the agreement or for a period of not less than one year. The State reserves the right to verify the Contractor's evidence of coverage. In the event the Contractor fails to keep workers' compensation insurance coverage in effect at all times, the State reserves the right to terminate this agreement and seek any other remedies afforded by the laws of this State. Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor's workers' compensation claims and losses by Contractor's officers, agents and employees related to the performance of this agreement. 24. Insurance Requirements Insurance as required herein shall be a condition of the State's obligation to pay for services provided under this Agreement. Prior to approval of this Agreement and before performing any work, Contractor and any subcontractor shall furnish .to the State evidence of valid coverage. The following shall be considered evidence of coverage: A certificate of insurance, a "true and certified" copy of the policy, or any other proof of coverage issued by Contractor's insurance carrier. Binders are not acceptable as evidence of coverage. Providing evidence of coverage to the State conveys no rights or privileges to the State, nor does it insure any State employee or insure any premises owned, leased, used by or otherwise or under the control of the State. It does, however, serve to provide the State with proof that the Contractor and any subcontractors are insured at the minimum levels required by the State of California. Contractor agrees that any liability insurance required in the performance of this Agreement shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled during the term of this Agreement, Contractor shall provide the State within five (5) business days of receipt by contractor a copy of any notice of cancellation or non-renewal of insurance required by the contract. Evidence of coverage required in the performance of this Agreement shall not be for less than the remainder of the term of this Agreement or for a period of not less than one year. The State and the Department of General Services (DGS) reserve the right to verify the Contractor's evidence of coverage; evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails to keep insurance coverage as required herein in effect at all times, the State reserves the right to terminate this Agreement and to seek any other remedies afforded by the laws of the State of California. Contractor hereby represents and warrants they (and any subcontractors) are currently and shall for the duration of this Agreement be insured. Contractor shall provide proof of self- insurance against: Page 8 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Commercial General Liability - $1,000,000 per occurrence for bodily injury and property damage liability combined. 25.Tuberculosis (TB)Testinsi In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community-based program, prior to the performance of contracted duties, Contractors and their employees who are assigned to work with inmates/parolees on a regular basis shall be required to be examined or tested or medically evaluated for TB in an infectious or contagious stage, and at least once a year thereafter or more often as directed by CDCR. Regular basis is defined as having contact with inmates/parolees in confined quarters more than once a week. Contractors and their employees shall be required to furnish to CDCR, at no cost to CDCR, a form CDCR 7336, "Employee Tuberculin Skin Test (TST) and Evaluation," prior to assuming their contracted duties and annually thereafter, showing that the Contractor and their employees have been examined and found free of TB in an infectious stage. The form CDCR 7336 will be provided by CDCR upon Contractor's request. The following provisions apply to services provided on departmental and/or institution grounds: 26. Blood borne Pathogens Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to blood borne pathogens. 27. Primary Laws. Rules, and Regulations Regarding Conduct and Association with State Prison Inmates and Division of Juvenile Justice Wards Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around inmates who are incarcerated, or wards who are housed within California's institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates or wards. The following is a summation of pertinent information when non-departmental employees come in contact with prison inmates or wards. By signing this contract, the Contractor agrees that if the provisions of the contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates or wards: a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates or wards. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps. SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 .and 3415, and California Welfare and Institutions Code(WIC)Section 1712. Page 9 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements b. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO HOSTAGE" policy and all prison inmates, wards, visitors, and employees shall be made aware of this. SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and 4603; WIC Section 1712. c. All persons entering onto institution/facility or camp grounds consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises. SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, 3288,4696, and 4697:WIC 1712. d. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Director,Warden, and/or Regional Parole Administrator. SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176 (a) and 4696; WIC Section 1712. e. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR adult institutions/facilities or camps, or youth institutions/facilities or camps in the nighttime, without the prior approval of the Warden or officer in charge. It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises whenrequested to do so. Failure to comply with this provision could lead to prosecution. SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and 3289;WIC Section 1001.7. f. Encouraging and/or assisting prison inmates to escape, is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison inmates or wards firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices, and written materials and pictures whose sale is prohibited to minors. SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and 4574;WIC Section 1152, CRR, Title 15, sections 4681 and 4710;WIC Section 1001.5. g. It is illegal to give or take letters from inmates or wards without the authorization of the Warden or officer in charge. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates or wards. SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, 3425 and 4045;WIC Section 1712. h. In an emergency situation the visiting program and other program activities may be suspended. Page 10 of 1.3. City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements SOURCE: PC Section 2601; CCR, Title 15, Section 3383, 4002.5 and 4696. i. For security reasons, visitors must not wear clothing that in any way resembles state issued prison inmate or ward clothing (blue denim shirts, blue denim pants). SOURCE: CCR, Title 15, Section 3174 (b) (1)and 4696. j. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. Interviews with individual wards are permitted with written consent of each ward if he is 18 years of age or older, or with written consent of a parent, legal guardian, or committing court, if 17 years of age or younger. SOURCE: CCR, Title 15, Sections 3261.5, 3315 (a) (3) (X), and 3177 and 4700(a)(1). 28.Clothing Restrictions While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is inmate attire. Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance. 29.Tobacco-Free Environment Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of the Department of Corrections and Rehabilitation is prohibited. 30. Prison Rape Elimination Policy CDCR maintains a zero tolerance for sexual misconduct in its institutions, community correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited. CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/prevention, detection, response, investigation and tracking of sexual misconduct and to address successful community re-entry of the victim. All Contractors and their employees are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5,Article 44. If you are providing services for the confinement of our inmates, you and your staff are required to adopt and comply with the PREA standards, 28 Code of Federal Regulations(CFR) Part 115 and with CDCR's Department Operations Manual, Chapter 5, Article 44, including updates to this policy. Page 11of13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements This will include CDCR staff and outside audit personnel (who also conduct PREA audits of state prisons) conducting audits to ensure compliance with the standards. As a Contractor with CDCR, you shall not assign an employee to a CDCR facility or assign an employee to duties if that employee will have contact with CDCR inmates, if that employee has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described in this section. The Contractor shall conduct a criminal background records check for each contract employee who will have contact with CDCR inmates and retain the results for audit purposes. By signing this contract the Contractor agrees to ensure that all of the mandates of this Section 5: Prison Rape Elimination Policy are complied with. Material omissions, by the contract employee, regarding such misconduct or the provision of materially false information, shall be grounds for removal from institutional grounds. Contract employees, who have contact with inmates, shall be provided training via the Exhibit titled; "PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational Sheet" to learn their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the institution before a contract employee may have contact with inmates. Any contract employee who appears to have engaged in sexual misconduct of an inmate shall be prohibited from contact with inmates and shall be subject to administrative and/or criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly not criminal. Reportable information shall be sent to relevant licensing bodies. 31.Security Regulations a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor's employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor's parking lot. Contractor, Contractor's employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds. b. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise. c. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor's loss due to fire. d. Due to security procedures, the Contractor, Contractor's employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Page 12 of 13 City of Arroyo Grande Agreement Number C5607801 California Department of Corrections and Rehabilitation,(CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements e. Any loss of time checking in and out of;the institution gates and sally ports shall be borne by the Contractor. f. Contractor, Contractor's employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities. g. Electronic and communicative devices such as pagers, cell phones and cameras/micro cameras are not permitted on institution grounds. h. Contractor, Contractor's employees and subcontractors shall not cause undue interference with the operations of the institution. i. No picketing is allowed on State property. 32.Gate Clearance Contractor and Contractor's employee(s) and/or subcontractor(s) must be cleared prior to providing services. The Contractor will be required to complete a Request for Gate Clearance for all persons entering the facility a minimum of ten (10) working days prior to commencement of service. The Request for Gate Clearance must include the person's name, social security number, valid state driver's license number or state identification card number and date of birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunications System (CLETS) check. The check will include Department of Motor Vehicles check,Wants and Warrants check, and Criminal History check. Gate clearance may be denied for the following reasons: Individual's presence in the institution presents a serious threat to security, individual has been charged with a serious crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity. All persons entering the facilities must have a valid state driver's license or photo identification card on their person. Page 13 of 13 City of Arroyo Grande Bid Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit E Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PRISON RAPE ELIMINATION POLICY Volunteer/Contractor Informational Sheet The Prison Rape Elimination Policy for the California Department of Corrections and Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private contractor who has contact with CDCR offenders, it is your responsibility to do what you can, within the parameters of your current assignment, to reduce incidents of sexual violence, staff sexual misconduct, and sexual harassment and to report information appropriately when they are reported to you or when you observe such an incident. Historical Information Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination Act (PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005, and most recently the United States, Department of Justice Final Rule; National Standards of 2012 to help prevent, detect and respond to sexual violence, staff sexual misconduct and sexual harassment behind bars. It is important that we, as professionals, understand all aspects of these laws and our responsibilities to help prevent, detect, and respond to instances by offenders and staff. The CDCR policy is found in Department Operations Manual (DOM), Chapter 5, Article 44. PREA addresses five types of sexual offenses. Sexual violence committed by offenders will encompass: Abusive Sexual Contact, Nonconsensual Sex Acts, or Sexual Harassment by an Offender(towards an offender). The two remaining types of sexual offenses covered by PREA are Staff Sexual Misconduct and Staff Sexual Harassment(towards an offender). CDCR's policy provides for the following: • CDCR is committed to continuing to provide a safe, humane, secure environment, free from offender on offender sexual violence, staff sexual misconduct, and sexual harassment. • CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment in its institutions, community correctional facilities, conservation camps, and for all offenders under its jurisdiction. • All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited. 6 This policy applies to all offenders and persons employed by the CDCR, including volunteers and independent contractors assigned to an institution, community correctional facility, conservation camp, or parole. Retaliatory measures against employees or offenders who report incidents of sexual violence, staff sexual misconduct, or sexual harassment as well as retaliatory measures taken against those who cooperate with investigations shall not be tolerated and shall result in disciplinary action and/or criminal prosecution. Retaliatory measures include, but are not limited to: • Coercion. • Threats of punishment. • Any other activities intended to discourage 'or prevent staff or offenders from reporting incident(s). Page 1 of 2 City of Arroyo Grande Bid Number C5607801 California Department of Corrections and Rehabilitation (CDCR) Exhibit E Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet Professional Behavior Staff, including volunteers and private contractors are expected to act in a professional manner while on the grounds of a CDCR institution and while interacting with other staff and offenders. Key elements of professional behavior include: • Treating everyone, staff and offenders alike, with respect • Speaking without judging, blaming, or being demeaning • Listening to others with an objective ear and trying to understand their point of view • Avoiding gossip, name calling, and what may be perceived as offensive or "off-color" humor • Taking responsibility for your own behavior Preventative Measures You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking various actions during the performance of your duties as a volunteer or private contractor. The following are ways in which you can help: • Know and enforce the rules regarding the sexual conduct of offenders. • Be professional at all times. • Make it clear that sexual activity is not acceptable. • Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and sexual harassment as serious. • Follow appropriate reporting procedures and assure that the alleged victim is separated from the alleged predator. • Never advise an offender to use force to repel sexual advances. Detection All staff, including volunteers and private contractors, is responsible for reporting immediately and confidentially to the appropriate supervisor any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment. After immediately reporting to the appropriate supervisor, you are required to document the information you reported. You will be instructed by the supervisor regarding the appropriate form to be used for documentation. You will take necessary action (i.e., give direction or press your alarm)to prevent further harm to the victim. have read the information above and understand my responsibility to immediately report any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment. Volunteer/Contractor Name(Printed) Date Signed Signature of Volunteer/Contractor Current Assignment within Institution Contact Telephone Number Supervisor in Current Assignment Page 2 of 2