CC 2015-10-13_08g Agreement_Dept of Corrections_Inmate Work Crews F p.RROyO
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* JULY 10, 1811
C, MEMORANDUM
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TO: CITY COUNCIL
FROM: GEOFF ENGLISH, DIRECTOR OF PUBLIC WORKS
BY: RON SIMPSON, PUBLIC WORKS SUPERVISOR
SUBJECT: CONSIDERATION OF A FIVE YEAR AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION FOR USE OF INMATE WORK CREWS
DATE: OCTOBER 13, 2015
RECOMMENDATION:
It is recommended that the City Council: 1) Adopt a Resolution approving the execution
of an Agreement with the California Department of Corrections and Rehabilitation for
inmate community service work crews; and 2) Approve an Agreement with the
California Department of Corrections and Rehabilitation for use of inmate work crews.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are sufficient funds budgeted in FY 2015/16 (Account No. 220-4303-5303) to
fund this Agreement. Funding has also been budgeted for FY 2016/17 from the same
account number to fund the second year of the five year Agreement. Additional funding
would need to be allocated in the Streets Division operations budget for the subsequent
three (3) years to cover the remaining term of the requested 5-year Agreement. This
recommendation does not address one of the eight specifically identified Critical Action
Plan items approved by the City Council for fiscal years 2015-17, however the work
completed by the California Men's Colony (CMC) work crews does address important
City maintenance responsibilities.
BACKGROUND:
The City of Arroyo Grande has been utilizing the California Men's Colony (CMC) work
crews for several years. These crews provide City staff with help on several
maintenance items such as graffiti removal, litter removal, weed abatement, streambed
maintenance, filling sand bags, etc. These crews help with tasks that are important but
not urgent and would otherwise be a low priority due to staffing issues or lack of funds.
The California Department of Corrections and Rehabilitation is requesting that the term
of the Agreement be increased to five years.
Item 8.g. - Page 1
CITY COUNCIL
CONSIDERATION OF A FIVE YEAR AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND REHABILITATION FOR USE OF INMATE
WORK CREWS
OCTOBER 13, 2015
PAGE 2
ANALYSIS OF ISSUES:
In the past, the City's practice has been to contract with the CMC through a written
agreement approved by the City Manager. However, based on the Purchasing Policies
and Procedures of the City, this Agreement requires City Council action because the
overall cost of the Agreement now exceeds the amount that the City Manager has
authority to approve. Last year approximately $30,000 was spent on the Agreement.
This fiscal year (2015/16) and next fiscal year (2016/17) the budgeted amount is
-$38,800.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
- Approve the Agreement with the California Department of Corrections and
Rehabilitation; or
- Do not approve the Agreement with the California Department of Corrections and
Rehabilitation; or
- Modify as appropriate and approve staff's recommendation; or
- Provide direction to staff.
ADVANTAGES:
Utilizing the CMC work crews for tasks such as weed abatement, filling sandbags,
cleaning up the basins and Corporation Yard areas, allows City staff to focus on other
higher priority job tasks and maintenance programs.
DISADVANTAGES:
Not utilizing the CMC work crews would place additional workload on staff to complete
required maintenance programs.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 8, 2015. The
Agenda and staff report were posted on the City's website on Friday, October 9, 2015.
Attachments:
1. Agreement with California Department of Corrections and Rehabilitation
Item 8.g. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING THE EXECUTION
OF AN AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION FOR INMATE COMMUNITY SERVICE
WORK CREWS
WHEREAS, the City of Arroyo Grande has utilized work crews from the California Men's
Colony to provide general clean-up and other activities mutually agreed upon; and
WHEREAS, the City of Arroyo Grande desires to continue to contract for such services;
and
WHEREAS, the City of Arroyo Grande and the California Department of Corrections
and Rehabilitation wish to enter into a new 5-year Agreement.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande authorizes the City Manager to execute a new 5-Year Agreement with the
California Department of Corrections and Rehabilitation for Inmate Community Service
Work Crews in an amount not to exceed the annual allocation of funds approved by the
City Council for this activity in each of the five fiscal years during the term of the
agreement.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of , 2015.
Item 8.g. - Page 3
RESOLUTION NO.
PAGE
JIM HILL, MAYOR
ATTEST:
KITTY NORTON, DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSON, CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
Item 8.g. - Page 4
ATTACHMENT 1
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213(Rev 06/03) AGREEMENT NUMBER
5600005786
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 (CDCR)
CONTRACTOR'S NAME
City of Arroyo Grande
2. The term of this July 1, 2015 through June 30, 2017
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 5 pages
Exhibit B—Budget Detail and Payment Provisions 1 page
Exhibit B-1 —Rate Sheet 1 page
Exhibit C*-General Terms and Conditions GTC610
Exhibit D—Special Terms and Conditions 12 pages
Items shown with an Asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto
These documents can be viewed at www dgs ca aov/ols/Resources/StandardContractLanguage aspx
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General Services
Use Only
CONTRACTOR'S NAME(d other than an individual,state whethera corporation,partnership,etc)
City of Arroyo Grande
BY(Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Dianne Thompson, City Manager
ADDRESS
300 E. Branch Street
Arroyo Grande, CA 93420 (805)473-5400
STATE OF CALIFORNIA
AGENCY NAME
California Department of Corrections and Rehabilitation (CDCR)
BY(Authonzed Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING ❑ Exempt per
PEGGY JONES, Manager
Institution Service Contracts Unit#1
ADDRESS
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
Item 8.g. - Page 5
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit A
SCOPE OF WORK
INMATE COMMUNITY SERVICE WORK CREWS
(Reimbursement)
1. 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
300 E. Branch Street, Arroyo Grande, CA 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.
2. 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 ensure 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
furnish all or part. Provide any special clothing and/or safety equipment required in addition to
what CDCR provides.
Page 1 of 5
Item 8.g. - Page 6
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit A
SCOPE OF WORK
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.
L 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 on or 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 (OR)ND) 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.
3. 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.
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.
Page 2 of 5
Item 8.g. - Page 7
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit A
SCOPE OF WORK
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.
4. 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
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.
Page 3 of 5
Item 8.g. - Page 8
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit A
SCOPE OF WORK
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.
5. 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.
6. 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.
7. 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.
8. 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.
Page 4 of 5
Item 8.g. - Page 9
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit A
SCOPE OF WORK
9. NOTICES
Notices(correspondence)to be given between the parties shall be in writing. Addresses are as follows:
California Men's Colony Public Information Officer
Monica Ayon,Lt.
CMC State Prison
P.O.Box 8101
San Luis Obispo,CA 93409
Phone Number:(805)547-7948
California Men's Colony Contract Manager
Kathryn McQuaid,CBM II
CMC State Prison
P.O.Box 8101
San Luis Obispo,CA 93409
Phone Number:(805)547-7927
City of Arroyo Grande
Ron Simpson,Public Works Supervisor
1375 Ash Street
Arroyo Grande,CA 93420
Phone Number:(805)473-5470
Fax Number: (805)473-5462
rsimpson @arroyogrande.org
10. 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.g_ov
• Scope of Service/Performance Issues:
Public Information,Contract Manager
Phone Number: (805)547-7927
kathryn.mcquaid @cdcr.ca.gov
• General Contract Issues
Office of Contract Services
Fax Number: (916)255-6184
Phone Number: (916)255-6180
Page 5 of 5
Item 8.g. - Page 10
City of Arroyo Grande Agreement Number 5600005786
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 101` 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. Invoices 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)
Southern California Regional Accounting Office
Attention: Accounts Receivable
PO Box 6000
Rancho Cucamonga,CA 91729-6000
Page 1 of 1
Item 8.g. - Page 11
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit B-1
RATESHEET
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 Per day
Crew Inmate $2.25 Per day
Lead Man Inmate $3.00 day
Mileage reimbursement $1.20 1 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, 2015, 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.
Page 1 of 1
Item 8.g. - Page 12
City of Arroyo Grande Agreement Number 5600005786
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.
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
Page 1 of 12
Item 8.g. - Page 13
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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, upon agreement, the State may extend this
contract,with no increase in service cost,for a period of one(1)year or less.
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 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
Page 2 of 12
Item 8.g. - Page 14
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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 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.
Page 3 of 12
Item 8.g. - Page 15
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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 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
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Item 8.g. - Page 16
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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 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.
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Item 8.g. - Page 17
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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. Travel
Contractor's rates shall include all travel expenses required to perform services in accordance with
this contract.
17. 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.
18. 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.
19. 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.
20. 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
Page 6 of 12
Item 8.g. - Page 18
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
"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.
21. 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.
22. 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.
23. 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.
24. 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 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
Page 7 of 12
Item 8.g. - Page 19
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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.
25. 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:
26. Tuberculosis(TB)Testing
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:
27. Blood borne Pathogens
Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA)
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Item 8.g. - Page 20
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
regulations and guidelines pertaining to blood borne pathogens.
28. 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.
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 when requested to do so. Failure to comply with this provision could lead to
prosecution.
Page 9 of 12
Item 8.g. - Page 21
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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.
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).
29. 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.
30. Tobacco-Free Environment
Pursuant to Penal Code Section 5030.1,the use of tobacco products by any person on the grounds of
Page 10 of 12
Item 8.g. - Page 22
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
any institution or facility under the jurisdiction of the Department of Corrections and Rehabilitation is
prohibited.
31. Prison Rave Elimination Policy
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. The CDCR shall maintain 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.
As a contractor with the CDCR,you and your staff are expected to ensure compliance with this policy
as described in Department Operations Manual,Chapter 5,Article 44.
32. 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. Any loss of time checking in
and out of the institution gates and sally ports shall be borne by the Contractor.
e. Contractor, Contractor's employees and subcontractors shall observe all security rules and
regulations and comply with all instructions given by institutional authorities.
f. Electronic and communicative devices such as pagers, cell phones and cameras/microcameras are
not permitted on institution grounds.
g. Contractor, Contractor's employees and subcontractors shall not cause undue interference with
the operations of the institution.
h. No picketing is allowed on State property.
Page 11 of 12
Item 8.g. - Page 23
City of Arroyo Grande Agreement Number 5600005786
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
33. 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.
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Item 8.g. - Page 24