CC 2020-04-28_08f CMC 4 year Agreement_2020
MEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, PUBLIC WORKS DIRECTOR
BY: RON SIMPSON, PUBLIC WORKS MANAGER
SUBJECT: CONSIDERATION OF A FOUR YEAR AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION FOR USE OF INMATE WORK CREWS
DATE: APRIL 28, 2020
SUMMARY OF ACTION:
Approval of an Agreement with California Department of Corrections and Rehabilitation
for the use of inmate work crews to perform maintenance within the City.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are sufficient funds budgeted in the FY 2020/21 (account No. 220-4303-5303) to
fund the first year of this four-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 4-year Agreement.
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.
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, 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.
ANALYSIS OF ISSUES:
The City’s current Agreement with the California Department of Corrections was approved
by the City Council in 2015 for a five-year term and is due to expire on June 30, 2020.
The proposed Agreement is for a four-year term beginning July 1, 2020 through June 30,
2024.
Item 8.f. - Page 1
CITY COUNCIL
CONSIDERATION OF A FOUR YEAR AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND REHABILITATION FOR USE OF INMATE
WORK CREWS
APRIL 28, 2020
PAGE 2
Based on the City’s Purchasing Policies and Procedures, this Agreement requires City
Council action because the overall cost of the Agreement over a four-year period exceeds
the amount that the City Manager has the authority to approve. Last year approximately
$27,000 was spent on the Agreement. This fiscal year (2020-21) there is $38,800
budgeted for these services. Funding for the remaining years will be included in future
budget years.
ALTERNATIVES:
1. Adopt a Resolution approving the Agreement with the California Department of
Corrections and Rehabilitation;
2. Do not adopt a Resolution approving the Agreement with the California
Department of Corrections and Rehabilitation; or
3. Provide other direction to staff.
ADVANTAGES:
Utilizing the CMC work crews for tasks such as weed abatement, filling sand bags,
cleaning up the drainage 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 at a higher cost.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachment:
1. Agreement with California Department of Corrections and Rehabilitation
Item 8.f. - 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 four (4) year Agreement for such services.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves an 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 four (4) fiscal years during the term of the agreement and authorizes the
City Manager to execute 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 28th day of April, 2020.
Item 8.f. - Page 3
RESOLUTION NO.
PAGE
CAREN RAY RUSSOM, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.f. - Page 4
ATTACHMENT 1Item 8.f. - Page 5STATEOFCALIFORNIA-DEPARTMENTOFGENERALSERVICES r------==-:-:::-:-::-----------.---------------, STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTMORITY NUMBER (If Applicable) . STD 213 (Rev. 03/2019) (5609432 1. This Agreement Is entered 'into between the Contracting Agency and the Contractor named below: CO~CTING AGENCY NAME California Department of Corrections and Rehabllitation (CDCR) CONTRACTOR NAME City of Arroyo Grande 2, The term of this Agreement is: START DATE Jul~ 1, 2020 THROUGH ENO DATE . June 30, 2024 3, The ma~lmum amount of this Agreement Is: $0.00 ~13elmbursement) Zero Dollars and Zero Cents 4. The parties agree to comply with the terms and conditions of the follow Ing exhibits, which are by this reference made a part of the Agreement. EXHIBITS TITLE Exhibit A Scope of Work Exhibit B Budget Detail and Payment Provisions for Reimbursements Exhibit B-1 Rate Sheet Exhibitt• <ieneral Terms and Conditions (GTC 0412017) ExhibitD Speclal Terms arid Conditions for Pubffc Entity Agreements ExhibitE Prison Rape Elimination Policy-Volunteer/Contractor Information Sheet Items shown with an asterisk("), are hereby incorporated by rmrence and made part of this agreement as if attached hereto. These documents can be viewed athttP,;lfwww.dgs.ca.gov/OLS/ResoUTg!S IN WfTNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARDES HERETO. CONTRACTOR CONTRACTOR NAME. (If other than an Individual, state whe!her a corporation, partnershlp, etc.) City of Arroyo Grande CONTRACTOR BUSINESS ADDRESS 3'l0 E. Branch Street PRINTEQ NAME OF PERSON SIGNING BUI Robeson CONTRACTOR AIJTHORIZED SIGNATURE Phone: (805) 473-S400 CITY Arroyo Grande TITLE Public Works Di,:ector DATE SIGNED PAGES 6 1 , 13 2 ISTATE IZIP CA 93420 Page 1 of 2
Item 8.f. - Page 6STATE OF CALIFORNIA• DEPARTMENT OF GENERAL SERVICES ,-------------..--------------~ STANDARD AGREEMENT STD 213 (Rev. o.3/2019) CONTRACTING AGENCY NAME AGREEMEllrr NUMBER (5609432 STATE OF CALIFORNIA California Department of Corrections and Rehabilitation (CDCR) CONTRACTI~ AGENCY ADDRESS 9838 Old Placerville Road, Suite B-2 PRINTED NAME OF PERSON SIGNING Kevin Arredondo CONTRACTING AGENCY AUTHORIZED SIGNATURE CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL PURCHASING AllrnORITY NUMBER (If Applicable) CITY Sacramento TntE !STATE IZJP CA 95827 Manager, Institution Service Contracts Unit 2 DATE SIGNED EXEMP'710N (If Applic:able} Page2 of 2
Item 8.f. - Page 7City of Arroyo Grande Agreement Number C5609432 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 Highway #1, San Luis Obispo, CA 93409, shall provide inmate community service work crews to perform community crew services for City of Arroyo Grande owned properties for the term of this agreement. The City of Arroyo Grande, located at 1375 Ash St, Arroyo Grande, California 93420, is the recipient of the services and is known herein as "Contractor'' or "City." This agreement 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 Litter removal Painting Streambed maintenance Community event clean-up Weed abatement Miscellaneous landscaping work 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 assignment 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 Page 1 of 6
Item 8.f. - Page 8City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of 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. 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 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. I. 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 28. 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. 3. CDCR RESPONSIBILITIES a. Assign qualified custodial 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 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. Page 2 of 6
Item 8.f. - Page 9City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work c. Maintain, through proper classification procedures, a list of approved inmate 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 day. f. Provide custody supervision for the discipline, security, control, welfare and safety of inmates, contractor staff and the general public. g. Perform all necessary paperwork including but not limited to, hours worked, department served, travel logs, and invoicing for services. h. Provide transportation of inmate work crews to the worksite and for their return to CMG at the end of each workday. i. 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. j. 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. k. To provide sack lunches for inmates at the work project. I. 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 cancelled 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. m. 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. n. Ensure that inmate work crews shall not operate any tools, equipment, or motorized vehicles that they have not been trained or authorized to use. o. 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 Page 3 of 6
Item 8.f. - Page 10City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work supervisor immediately following the emergency as outlined in the California Code of Regulations, Title 15, and Section 3408, VEHICLES. 4. LIABILITY a. Neither Contractor, nor any officer or employee thereof, 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. 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 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. Page 4 of 6
Item 8.f. - Page 11City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work 6. DISCIPLINE Discipline of the inmate workers is the sole responsibility of CDCR staff. Contractor, whenever possible, assists Correctional Officers in control of inmate 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 the 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. 9. 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 Lisa Tackett, Correctional Business Manager II California Men's Colony P.O. Box 8101 San Luis Obispo, CA 93409 Phone Number: (805) 547-7927 Fax Number: (805) 547-7520 lisa.tackett@cdcr.ca .gov Page 5 of 6
Item 8.f. - Page 12City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work Correspondence Contact: City of Arroyo Grande Ron Simpson, Public Works Manager 1375 Ash Street Arroyo Grande, CA 93420 Phone Number: (805) 473-5488 Fax: (805) 473-5462 rsimpson@arroyogrande.org 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 lisa.tackett@cdcr.ca.gov • General Contract Issues: Office of Contract Services Phone Number: (916) 255-3459 melissa.loscher@cdcr.ca.gov Page 6 of 6
Item 8.f. - Page 13City of Arroyo Grande Agreement Number C5609432 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. 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) ASB -Rancho Cucamonga Attention: Accounts Receivable PO Box 6000 Rancho Cucamonga, CA 91729-6000 Page 1 of 1
Item 8.f. - Page 14City of Arroyo Grande Agreement Number C5609432 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* $560.00 Correctional Officer Reimbursement (3hr or less)* $250.00 Crew Inmate $2.25 Leadman Inmate $3.00 Mileaae Reimbursement $1.20 Perdav Perdav Perdav Perdav 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 the contract negotiations will require a formal amendment to the contract. Effective September 1, 2020, 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 20 days after receipt thereof. CMC shall have sole responsibility for disbursement of these payments to the personnel involved. Page 1 of 1
Item 8.f. - Page 15City of Arroyo Grande Agreement Number C5609432 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
Item 8.f. - Page 16City of Arroyo Grande California Department of Corrections and Rehabilitation (CDCR) Special Terms and Conditions for Public Entity Agreements 3. Accounting Principles Agreement Number C5609432 Exhibit D 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 associated staff; c) access to employee personnel records; d) that information reasonably necessary to Page 2 of 13
Item 8.f. - Page 17City of Arroyo Grande California Department of Corrections and Rehabilitation (CDCR) Special Terms and Conditions for Public Entity Agreements Agreement Number C5609432 Exhibit D 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 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. Page 3 of 13
Item 8.f. - Page 18City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 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 Page 4 of 13
Item 8.f. - Page 19City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 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 Page 5 of 13
Item 8.f. - Page 20City of Arroyo Grande California Department of Corrections and Rehabilitation (CDCR) Special Terms and Conditions for Public Entity Agreements Agreement Number C5609432 Exhibit D 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. 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 (BCll}-prior to award and at any time during the term of the Agreement, in order to permit Contractor (and/or Page 6 of 13
Item 8.f. - Page 21City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 "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, Page 7 of 13
Item 8.f. - Page 22City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 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. ln 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 for General Liability and Auto Liability Insurance. Page 8 of 13
Item 8.f. - Page 23City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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, Contractors and their employees who are assigned to work with, near, or around inmates/parolees shall be required to be examined and tested or medically evaluated by a licensed healthcare provider for TB in an infectious or contagious stage prior to the performance of contracted duties, and at least once a year thereafter (within 12 months of their initial or previous TB test under this contract), or more often as directed by CDCR. Contractors and their employees who have any contact (physical or nonphysical) with inmates/parolees, shall be required to furnish to the CDCR Program/Institution Contract Manager, at no cost to CDCR, a documented Tuberculosis (TB) evaluation/test for TB infection (Tuberculin Skin Test (TST) or a blood test Interferon Gamma Release Assay (IGRA) completed within (30) thirty days of the start date of the services and be certified to be free of TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming their contracted duties and annually thereafter. 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) regulations and guidelines pertaining to blood bome 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 Page 9 of 13
Item 8.f. - Page 24City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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; WlC 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. 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, sections4681 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. Page 10 of 13
Item 8.f. - Page 25City of Arroyo Grande Agreement Number C5609432 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 pennitted. 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 any institution or facility under the jurisdiction of the Department of Corrections and Rehabilitation is prohibited. 31. 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. 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 Page 11 of 13
Item 8.f. - Page 26City of Arroyo Grande California Department of Corrections and Rehabilitation (CDCR) Special Terms and Conditions for Public Entity Agreements Agreement Number C5609432 Exhibit D 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. 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. Page 12 of 13
Item 8.f. - Page 27City of Arroyo Grande California Department of Corrections and Rehabilitation (CDCR) Special Terms and Conditions for Public Entity Agreements Agreement Number C5609432 Exhibit D 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. 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. Page 13 of 13
Item 8.f. - Page 28City of Arroyo Grande California Department of Corrections and Rehabilitation (CDCR) Agreement Number C5609432 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. • 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
Item 8.f. - Page 29City of Arroyo Grande California Department of Corrections and Rehabilitation (CDCR) Agreement Number C5609432 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. I 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 of2
Item 8.f. - Page 30CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. I Contractor/Bidder Firm Name (Printed) I Federal ID Number By (Authorized Signature) -. ----· -·--------·------. .. . -. ---------Printed Name and Title of Person Signing r•e Executed lrxecuted in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the -. I
Item 8.f. - Page 31certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE-PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXP ATRIA TE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations,
Item 8.f. - Page 32or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of$100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code § 10410): 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. Former State Employees (Pub. Contract Code § 10411 ): 1 ). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract 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 contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract 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 contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 104 30 ( e))
Item 8.f. - Page 332. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITII DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (I) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
Item 8.f. - Page 34STAlE OF CAllFO'RNIA-OEPARTMENT OF FINANCI! PAYEE DATA RECORD (Required when receiving payment from the Staie of Califomia in lieu or IRS W-9 or W-7) STO 204 CR4W. ""2017) INSTRUCTIONS: Type or print the Information. Complete all Information on this form. Sign, date, and return to the state 1 agency (c(epartmentloffice) address shown in Box 6. Prompt return of this fully completed form will pre.vent delays when processing payments. Information provided in this form will be used by California state agencies to ,npare Information Returns (Form1099). See next page fol' more Information and Privacy Statement NOTE: Governmental entities, i.e. federal, state, and local (including school districts), are not required to submit this form. PAYEE'S 1.EGAL BUSINESS NAME (As $/IOMJ C)(I yolJ£ iflcome tllr ,etum) 2 SOLE PROPRIETOR OR INDIVIDUAL-ENlER NAME AS SHOWN ON SSN (Last. Firsl, M.I.) I E-MAIL AOOR£SS MAILING ADDRESS BUSINESS ADDRESS CITY STATE IZJP CODE CITY lSTATE ZIP CODE 3 ENTER FEDERAL. EMPLOYER IDENTIFICATION NUMBER (Fl!.IN):[ I L I 1, I I j 1=1 NOTE: Paymel\l ~II not □ PARTNERSHIP CORPORATION: be processed PAYEE Q MEDICAL <•-rJ., denfat,y, psycholherapy, cl!irr,p,Klic, elc.J without an ENTITY 0 ESTATE OR TRUST accompanying TYPE Q LEGAL (11.g., attomeynrvlcH} taxpayer Q EXEMPT (nanpn,MJ ilienlillcaHon CtECK Q ALL OTHERS number. ONE BOX □ SOLE PROPRIETOR OR INl>MDUAL [ ] I I I I7 I [_] ONLY Enter social security number (SSN) (SSN reqwed by authortly of Cafill:lmi■ Revenue or lndi\liduat taxpayer idenlilicatioo number (ITIN) and T< Codi: -,eel/OM 181Uts and 18661) 4 O CALIFORNIA RESIDE:N'r -auaUlied to do business In Califomia or maintains a permanent place of business in Califomia. □ CALIFORNIA NON RESIDENT (He nflJlt page fclrm011t lntonn.tio11) • Payments ID nonresidents fer services may be subject PAYEE to slate income lax withholding. RESIDENCY 0 No services pedo,rnect in California. STATUS Q Copy of Franchise Tax Board waiver of state wilhholding attached. I hereby certify under penalty of perjury that the Information provided on this document Is true and correct. 5 Should rny residency status change, I will promptly notify the state agency below_ AUTHORIZED PA YEE REPRESENTATIVE'S NAME (7},J)e or Pdnt} TITI.E 1 TELEPHONE (incf«lde area code) SIGNATURE DATE E-MAIL. ADDRESS Please retum completed form to: 6 DEPARTMENl'/OfFICE UNIT/SECTION Department of Corrections i!od Rehabilitation lnstllulion service Conlracts section Unit 2 MAILING ADDRESS TELEPHONE (hlcfude area code} I FAX 9838 Old Placerville Road, Suite B-2 (916) 255-3459 (916) 2S5-6187 CITY STATE IZIPCOOE E-MAIL ADDRESS Sacramento CA 9S827 melissa.loscher@cdcr.ca.g ov .. .... ...
Item 8.f. - Page 35STATE-OF CALIFORNIA-~PIIRTMENT OF FINANCE PAYEE DATA RECORD (Requiled when receiving payment from the State of callfomia in lieu of IRS W-9 or W-7) S'rO 204 {Rev. -412017) 1 2 3 4 5 6 Requirement to Complete the Payee Data Record, STD 204 A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a (:C)fflpleted, signed, and dated STD 204 on file: lherefore, it is possible for you to receive this ronn from multiple state agencies with Wllleh you do business. Payees Who dO not wish to compfete the STD 204 may elect not to do business with the stale. If the payee does not complete the STD 204 and the required payee data ts not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Rel\.lrn& (Form 1099) are in accordance with the Internal Revenue Code (IRC) and· the California Revenue and Taxaljon Code (R&TC). Enter the payee's legal business name. The name. must match the name on the payee's tsx retum as filed with the federal Internal Revenue Service. Sole proprietorship& must also lnolude the owner's full name. All lndMdual must list hlalher full name as shown on the SSN or as entered on the W-7 form for ITIN. The malllng address should be the address at which the payee chooses to receive correspondence (i.e. 1099 form) and payments. The business address Is the address of the business' physical location; do not enter the payment address or lock box information here. Check only one box that corresponds to the payee buslness type. Corporations must check the box that Identifies !he type of corporation. The State of California requires that all parties entering Into business 1ram!actions that may lead to payment(s) ·from the state provide their T axpeyer Identification Number (TIN). The TIN is required by the R& TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and the preparation of Form 1099 and other infurmation returns -as required by the IRC section 61 OO(a) and R& TC section 18662 end !IS regulations. Payees must provide one of th& following TJNs on this form: social securttv number (SSN). individual taxpayer idenliflcation number (ITIN), or federal employer identification number (FEIN). The TIN for sole proprietorships and Individuals Is the SSN or ITIN. Only partnerships. estates, trusts, and corporations will enter their FEIN. Are you a California reaident or nonresident? A corporation wlll be denned as a RresiOOnt" if it has a permanent place of business in California or is qualified through the Secretary of State to do business lr1 California. A partnership i$ considered a resident partnemilp If It ha& a permanent place of business in California. An estate is a resident if the decedent was a California resident at time of death. A trust ls a resident If at least one trustee is a California resident. For individuals and sole proprietors, the term wresident• inclUdes every lndlvldual who is ln California for other than a temporary or transitory purpose and any in~Mdual domiciled ln California who is absen1 for a temporary or tnmsitory purpose. Generally, an Individual who comes to California for a purpose that wiU extend over a long or Indefinite period will be considered a resident. However, an individuaf who comes to perform a parilcular eontrect of short durstion will be oonsidered a nonresident. Payments to all nonresidents may be subject to withholding. Nonresident payees performing services lo California or receiving rent, lease, or royalty payments from property (real or personal) located In CaHJomla wl!I have 7% of their total payments withheld for state inoome taxes. Howaver, no with holding is required if total payments to the payee are $1,500 or fess for the calendar year. For lnformallon on Nonresident Withholding, contact the Franchise Tax Board at the numbers Rsted below: \/Vithholding Services and Compliance Seotlon: 1-888-792-4800 E-rnlll address: wscs.gen@ftb.ca.gov for hearing lmpaiA!d with TDD, call: 1-800-822-6268 Website: w.w:w.ftb,ca,gov Provide 1be name, title, email address, signature, and telephone number of the individual completing this form. Provide the date the form wais complated. This section must be completed by the state aaencr requesting the STD 204. Privacy Statement Section 7(b) of the Privacy Act of 1974 (Public Law 93-579} requin!s that any feclsreJ, state, or focal govemmental agency, which requests en individual to disclose their social security account number, shall Inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number Is solicited, and what uses will be made of it. It is mandatory to fumiSh the information requested. Federal law reqUlres that payment far which the requested information is not provided is subjl!cl to federal backup withholcllng and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal informatiOn, such as your SSN. To exercise that light, please contact ttle business servloea unit or the accounts payable unit of the state agency{les) with which y01.1 transact that business. All questions should be referred to the requesting state agency listed on the bottom front of this form.
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