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HomeMy WebLinkAboutCC Resolution 12329 (Inmate Work Crew for Vegetation Mgmt)RESOLUTION NO. 12329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT (INCLUDING AN ADDENDUM) BETWEEN THE CITY OF SAN RAFAEL AND THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR) FOR THE PROVISION OF INMATE WORK CREWS FOR THE PURPOSE OF PERFORMING RIGHT-OF-WAY MAINTENANCE AND VEGETATION MANAGEMENT SERVICES. WHEREAS, the City of San Rafael has employed the San Quentin inmate work crews for assisting Public Works with maintenance activities such as the maintenance of drainage structures and similar maintenance projects, open space vegetation management, and clearing homeless encampments, since WHEREAS, San Rafael's citizens and Public Works, Police and Fire have derived considerable benefit from the San Quentin inmate work crew's services; and WHEREAS, a formal agreement, between the City of San Rafael and the Department of Corrections and Rehabilitation is required to establish a legal framework for inmate work crew operations and to protect the interests of both entities; and WHEREAS, the agreement includes an addendum defining potential use of the inmate work crews by other Marin municipalities on a shared -cost basis; and WHEREAS, the City Attorney's office and Public Works staff have negotiated such an agreement and an addendum. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves and authorizes the Director of Public Works to execute, an Agreement (including an addendum) between the City of San Rafael and the Department of Corrections and Rehabilitation for the provision of inmate work crews for the purpose of performing right-of-way maintenance and vegetation management services. a v I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 6th of August, 2007, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None eanne M. Leoncini, City Clerk STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 09/01) AGREEMENT NUMBER SQ07024 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 - California State Prison, San Quentin CONTRACTOR'S NAME CITY OF SAN RAFAEL 2. The term of this Agreement is: 3. The maximum amount of this Agreement is: Upon Approval $ REIMBURSEMENT through June 30, 2010 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A - Scope of Work 6 pages Exhibit B - Budget Detail and Payment Provisions 1 page Exhibit B-1 - Sample Invoice 1 page Exhibit B-2 - Rate Sheet 1 page Exhibit C* - General Terms and Conditions GTC307 Check mark one item below as Exhibit D: ® Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) 6 pages Exhibit - D` Special Terms and Conditions Exhibit E - Additional Provisions for Public Entity Agreements 2 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.ols.dgs.ca..gov/Standard+Lanquage IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General 1-1 Services Use Only CONTRACTO94;; an individu , stat, whether a corporation, partnership, etc.) CITY OF BY Authoriz��� DATE SIGN D(D�t type) PRINTED NAON SIGNING ATTEST' ._ ' Andrew Preston, Director, Public Works Jeanne t.Te.`�ini , 1 ty C er ADDRESS P.O. Box 151560 San Rafael, CA 94915-1560 STATE OF CALIFORNIA AGENCY NAME CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION BY (Authorized Signature)I DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING El Exempt per: Debra A. Jones, Chief, Institution Service Contracts Section ADDRESS P.O. Box 942883 Sacramento, CA 94283-0001 GTC 307 GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: 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. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code § 12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a). The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. S AADM rN\HOMEPAGE\GTC-307.dcc CCC -307 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the City of San Rafael to the clause(s) listed below. This certification is made under the laws of the State of California. Name (Printed) Federal ID Number CITY OF SAN RAFAEL ,7y � 000y ,�,`l By (Authorized Signature) Printed Name and Title of Person Signing (-it,j 2_u -T 1�� �s4v►-, , pi,� %/i C �fnr ks �r r- e (4o r - Date Executed g9/0`7 Executed in the County of Ma ri n CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: CITY has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code § 12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REOUIREMENTS: CITY has complied with the requirements of the Drug -Free Workplace Act of 1990 and has provided a drug-free workplace by taking the following actions: a. Published 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. Established 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 has: 1) received a copy of the company's drug-free workplace policy statement; and, 2) agreed 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 the Agreement or termination of the Agreement or both and CITY may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the CITY has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 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 CITY needs to be aware of the following provisions regarding current or former state employees. If CITY 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 CITY 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 § 10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: CITY is 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 CITY affirms that it complies with such provisions and will continue to comply with them during the term of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: CITY 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. RESOLUTION: CITY shall 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. 5. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the CITY shall not be: (1) 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. S:\ADMIN\HOMEPAGE\CCC\CCC-307.doc City of San Rafael Agr, lent Number SQ07024 California Department of Corrections and Rehabilitation (CDCR) Exhibit A SCOPE OF WORK 2. INMATE COMMUNITY SERVICE WORK CREWS Introduction/Service This agreement shall be between the California Department of Corrections and Rehabilitation (CDCR), California State Prison, San Quentin (SQSP) located at San Quentin, CA 94964, and the City of San Rafael, hereafter referred to as CITY. CITY shall provide all equipment, materials, supplies, and tools necessary for SQSP inmate work crews to perform general labor on CITY owned properties. The services to be performed shall consist of the work listed herein. This contract shall provide a meaningful, useful, and manageable work program as part of the work incentive of inmates at SQSP to render a public service. Under no circumstances are inmates to be considered employees or agents of CITY during the term of assignment of projects. Services to be provided by CDCR inmate work crews shall consist of the following, but are not limited to: Graffiti removal Litter removal Painting Weed abatement Miscellaneous landscaping work Pruning trees and shrubs General clean-up and other activities mutually agreed upon between CITY and SQSP. Work areas will be determined by CITY or CITY's designee. CDCR inmate work crews shall only perform maintenance on CITY property as determined by CITY or CITY's designee Proiect Coordination The City Manager shall be the representative of CITY for all purposes under this Agreement. CITY's Public Works Administrative Supervisor is hereby designated the PROJECT MANAGER for CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. The Warden of San Quentin shall be the representative of CDCR for all purposes under this Agreement. The Associate Warden of Business Services of SQSP is hereby designated the PROJECT MANAGER for CDCR, and said PROJECT MANAGER shall supervise execution of this Agreement. 3. CITY Responsibilities CITY shall: a. Designate a Project Coordinator (PC) representative for each assigned project who will give instructions regarding the type of work to be done, the location of the City of San Rafael CDCR SCOPE OF WORK Ag rt lent Number SQ07024 Exhibit A work, the manner in which the work is to be performed, any applicable technical instructions and any applicable deadlines for projects. b. Not use inmate crews in lieu of paid staff or in violation of the Public Contract Code. C. Shall not commingle inmate crews with the public or with CITY staff other than the Project Coordinator. d. Provide training to inmate crews in all safety procedures, operating instructions for all tools and equipment other than that provided by CDCR pursuant to section herein, and the maintenance of a safe working environment relative to the applicable work and equipment. CDCR understands that the performance of general labor 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, CITY agrees not to assign any inmate work crews to work in any area which the CITY knows to be unsafe or in a dangerous condition. e. Provide assignments and necessary equipment, materials, plans, technical guidance, and supplies, other than that provided by CDCR pursuant to section 4 herein, as necessary for all projects to be completed except when agreed upon in advance that CDCR will furnish all or part, and shall 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, if applicable and upon prior agreement. g. Maintain all equipment in good working condition. The cost of equipment, materials, and supplies will be at the sole expense of the CITY. h. Ensure that all equipment necessary to complete project is delivered to the worksite. i. If necessary, provide traffic control and adequate equipment/materials (i.e., barricades, cones and signs, etc.) to ensure the safety of all workers. j. Provide a portable toilet, or access to facilities, at the worksite. k. Report all disputes/concerns from the community, labor unions and staff to the Contract Liaison within seven (7) days, in writing. I. Assist in protecting community safety and security by notifying local law enforcement office of inmate crew location, if necessary. m. Ensure that staff working in and around inmates will be familiar with the laws, rules and regulations governing conduct in associating with prison inmates. CDCR shall provide CITY with said laws, rules and regulations relating to inmates. n. Assist in establishing an emergency vehicle network to provide transportation of inmates seriously injured in connection with this agreement. o. Provide a fully operational 12 passenger van complete with seat belts to be used by SQSP personnel. p. Provide all fuel and maintenance of said vehicle in order to keep it in a good operating condition. Failure to repair the van will result in cessation of SQSP's operation until the van is properly repaired. If the van needs repairs, SQSP shall drop the vehicle off at the City of San Rafael's repair center. q. Provide and maintain a cellular telephone, radio or similar communication device in said vehicle. r. CITY shall not transport any inmate at any time. S. CITY shall provide first aid supplies and a first aid kit at work site as required by CAL OSHA, and all safety equipment including vests, hard hats, gloves, and goggles applicable to the particular work project. -2- City of San Rafael CDCR SCOPE OF WORK AgrF- ent Number SQ07024 Exhibit A t. CITY shall not enter Institutional grounds during the performance of this Agreement. U. At commencement of the Agreement, provide CDCR a list specifying when and where SQSP shall work during the term of the Agreement and shall provide new lists upon renewal of the Agreement 3. CDCR Responsibilities CDCR shall: a. Assign qualified custodial inmate workers to perform general labor on the properties under the jurisdiction of the CITY. Under no circumstances will said work crew be used on public works projects or projects requiring skilled labor or projects requiring public bidding. b. Be able to voice concern and reject, either orally or in writing, 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 inmates approved to be utilized for this program. d. Determine the quantity of inmates that will be committed to a specific work site based on safety/security factors and notify CITY of same. Inmate work crew size will be limited to a maximum of twelve (12) inmates per custodial supervisor. e. Field a year -around work crew, subject to lockdowns, holidays, vacations, sick leave, staff shortages and other related activities. CDCR will attempt to notify CITY at least three days in advance of those weeks when circumstances will prevent CDCR from fielding a work crew. CITY acknowledges that SQSP does not have advance notice of lockdowns and emergencies (medical or otherwise) that may cause the termination of a work crew with little or no notice. Nonetheless, SQSP will make every effort to keep CITY apprised of when work crews will be available. f. Maintain a daily log, including but not limited to, inventory of any and all tools, equipment and fuel used that is assigned to the inmate work crew and account for same at the end of each workday. g. Provide direct custodial supervision of inmates at all times to ensure the discipline, security, control, welfare and safety of City staff, the community and the inmates themselves. h. Provide worker's compensation insurance for the assigned inmate workers and custody staff in accord with the California Labor Code. i. Perform all legally required and/or necessary paperwork including but not limited to, hours worked, travel logs, and invoicing for services. j. Transport inmate work crews to the worksite and provide for their return to the institution at the end of each workday. The van will be provided by the City of San Rafael and shall be kept on Institution grounds when not being used to transport work crew inmates. k. It is expected that CITY will provide all appropriate materials, however, SQSP, may provide disposable protection coveralls for the inmate work crews. I. Ensure that each member of the inmate work crew wears all safety equipment provided at all times. m. Provide mid-day meal for inmates at the work project. -3- City of San Rafael CDCR SCOPE OF WORK 5. N1 AgrE ent Number SQ07024 Exhibit A n. Temporarily suspend work on any project without prior notification based on unforeseen custodial, staffing or situational circumstances with oral notification as soon as practicable thereafter. Written notification shall be given if suspension will exceed 48 hours along with an estimate of when work shall recommence. CITY understands and acknowledges that scheduled work crew activities may be delayed and/or canceled as a result in institution security issues such as lockdowns and/or inclement weather that poses a security hazard (such as fog). o. Obtain necessary work equipment from CITY, transport it to the worksite; inventory all equipment, and ensure that all equipment is returned to CITY at the end of the project. Liabilitv a. Neither the CITY, nor any officer, agent or employee hereof, shall be responsible for any damage, liability or loss of any kind occurring by reason of anything done or omitted to be done by CDCR under or in connection with any work, authority or performance under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CDCR shall fully defend, indemnify and hold the CITY harmless for any liability imposed for injury, damage or loss of any kind (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CDCR, its officers, employees, or agents, under or in connection with this Agreement. b. Neither CDCR, 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 the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this agreement. It is also agreed that, pursuant to Government Code Section 895.4, the CITY shall fully defend, indemnify and hold CDCR harmless from 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 the CITY under or in connection with this agreement. C. Nothing in this agreement is intended to, nor shall operate so as to abrogate any legal immunity afforded either CDCR or CITY, including, but not limited to, immunities provided by Government Code sections 844.6, 845.8 or similar such immunities afforded under law. d. CDCR specifically agrees to defend, indemnify and hold harmless CITY, its officers and employees from any and all claims, of any kind resulting in any manner or form, from the use, custody, control or operation of the CITY provided van by CDCR. Work Schedule Inmate work crew(s) shall be provided to the CITY between the hours of 6:00 a.m. and 2:00 p.m., up to five (5) days per week, Monday through Friday. Work schedule shall commence and end at the institution. The CITY expects that the actual work services of the inmate work crew(s) will be between the hours of 7:00 a.m. and 1:00 p.m. of each workday, inclusive of a half hour supervised lunch break. Except where there is a mutually agreed upon need or urgency, there shall be no project work on Saturday, Sunday or those holidays defined in Section 6700 through 6705 of the California Government Code as designated holidays for state employees. A list of annual state City of San Rafael CDCR SCOPE OF WORK Ag -nent Number SQ07024 Exhibit A employee holidays is located on www.dpa.ca.gov. All work schedules are subject to amendment with written mutual agreement. The maximum hours allowed per day for inmate workers is eight (8) hours. CITY shall notify CDCR at least three days in advance, when it does not require the services of the inmate worker crews. The CDCR shall not commit work crews to the CITY's projects on days that the CITY cannot utilize work -crew labor. The CITY shall submit upcoming projects and/or work assignments to the Associate Warden at San Quentin State Prison for approval by the 10th calendar day prior to the month of work commencement by CDCR. Ongoing and repetitive projects will be included on the listing, but will not require additional approval. 7. Discipline Discipline of the inmate workers is require nor involve the participation CITY established channels all acts City rules. Accidents/Damages the sole responsibility of SQSP staff and shall not of CITY staff. CITY personnel shall report through of inmate workers contrary to law, regulations, or CDCR shall compensate CITY for damage caused to CITY equipment provided to SQSP work crew(s) caused by unauthorized alteration(s), or vandalism by the State or its officers, agents, employees, on a time and material basis. CITY/CDCR Contact Information Should questions or problems arise during the term of this Agreement, the CITY should contact the following CDCR offices: Billing/Payment Issues: • North Coast Regional Accounting Office Phone Number: (916) 322-9009 FAX Number: (916) 322-6821 Scope of Work/Performance Issues: • Associate Warden, San Quentin State Prison Phone Number: (415) 455-5032 FAX Number: (415) 455-5009 General Contract Issues: • Contract Management Branch Phone Number: (916) 323-8718 FAX Number: (916) 322-1098 - 5 - City of San Rafael CDCR SCOPE OF WORK Ag -hent Number SQ07024 Exhibit A Should questions or problems arise during the term of this Agreement, the CDCR should contact the following CITY offices: CITY (for all issues) Public Works Administrative Supervisor Phone Number: (415) 485-3359 Fax Number: (415) 485-3390 Or Administrative Manager Public Works Department Phone Number: (415) 485-3354 10. Notices All notices and other communications required or permitted to be given under this agreement, including any change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: SQSP Attn: Associate Warden, Business Services California Department of Corrections and Rehabilitation California State Prison, San Quentin San Quentin, CA 94964 CITY Attn: Richard Landis, Public Works Administrative Supervisor City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 With a copy to: Administrative Manger Department of Public Works 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 City of San Rafael Agree. .ent Number SQ07024 California Department of Corrections and Rehabilitation (CDCR) Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS INMATE COMMUNITY SERVICE WORK CREWS Invoicinq and Pavment a. CDCR will submit an Invoice (Exhibit B-1) to the CITY, addressed as follows: City of San Rafael Public Works Department P.O. Box 151560 San Rafael, California 94915-1560 Said invoice shall be mailed by the 5th day of each month for the preceding month's services, based on the rates specified in Exhibit B-2, Rate Sheet, which is attached hereto and made a part of this Agreement. For each day delay in mailing after the 5th, an additional day shall be allowed for CITY to remit payment. b. Payment will be due within thirty (30) days of the statement date and shall be submitted to: California Department of Corrections and Rehabilitation North Coast Regional Accounting Office California State Prison, San Quentin Attention: Accounts Receivable P.O. Box 187016 Sacramento, CA 95818-7016 City of San Rafael Agre lent Number SQ07024 California Department of Corrections and Rehabilitation (CDCR) Exhibit B-1 SAMPLE INVOICE INMATE COMMUNITY SERVICE WORK CREWS MONTHLY INVOICE Invoice Number Month Year CORRECTIONAL OFFICER REIMBURSEMENT Cost Per Total Cost Number Number of Inmate, Per Cost Per Total Cost of Hours Per Hour" Officer, Per of Date of Service Officers Officer $ Hour Officers X X $ _ $ X X $ _ X X $ _ X X $ _ X X $ X X $ X X $ 1= INMATE REIMBURSEMENT Number of Date of Service Inmates *TOTAL AMOUNT DUE I = $ Number of Cost Per Total Cost Hours Per Inmate, Per of Inmate Hour" Inmates** X X $ _ $ X X $ _ $ X X $ $ X X $ $ X IX $ $ X X $ $ X X $ $ *TOTAL AMOUNT DUE = I $ *Payment due shall be made as specified in Exhibit B, Budget Detail and Payment Provisions **Payment shall not exceed $20.00 per month, per inmate. City of San Rafael Ag ment Number SQ07024 California Department of Corrections and Rehabilitation (CDCR) Exhibit B-2 RATE SHEET INMATE COMMUNITY SERVICE WORK CREWS The CITY shall reimburse CDCR, monthly in arrears, as follows: Correctional Officer Reimbursement Inmate Pay Reimbursement $51.87* Per hour, per custody staff. $ 0.13** Maximum per hour per inmate *Salaries were calculated using top -step wages as of June 1, 2007. This amount is expected to and will likely increase per current and future contract negotiations. Any changes to the Correctional Officer reimbursement rate as a result of contract negotiations will require a formal notice by the CDCR, in writing, to the CITY and a written acceptance of which, by the CITY shall constitute an amendment. **Not to exceed $20.00 per month per inmate. City of San Rafael greement Number SQ07024 California Department of Corrections and Rehabilitation (CDCR) Exhibit D SPECIAL TERMS AND CONDITIONS INMATE COMMUNITY SERVICE WORK CREWS 1. Disputes (Supersedes provision number 6, Disputes, of Exhibit C) As a condition precedent to either party's right to institute and pursue litigation or other legally available dispute resolution process, if any, the parties agree that all disputes and/or claims arising under or related to the Agreement shall be resolved pursuant to the following processes. 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, unless otherwise agreed, the parties agree to diligently proceed with its performance 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 MARIN COUNTY, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper. a. Contract Disputes with Public Entities 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. Riqht to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C) Either party reserves the right to terminate this Agreement subject to fifteen (15) calendar days written notice to the other party. 3. 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 CITY in order to carry out this Agreement, shall be protected by CITY from unauthorized use and disclosure. No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by either party pursuant to this Agreement shall be released, published, or made available to any person (except to the State) in violation of any State or federal law. Parties understand and acknowledge that they are subject to all of the requirements of California Government Code Section 11019.9 and California Government Code section City of San Rafael CDCR SPECIAL TERMS AND CONDITIONS 4. 5. a 7. B. 9 .greement Number SQ07024 Exhibit D 6250 et seq. and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of public records and of personal and confidential information about individuals. Workers' Compensation CITY hereby represents and warrants that CITY, as permitted under California law, is self-insured for workers compensation benefits. CITY agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of CITY's workers' compensation claims and losses by CITY's officers, agents and employees related to the performance of this agreement. CDCR agrees to indemnify, defend and save harmless the CITY, its officers, agents and employees from any and all of CDCR's workers' compensation claims and losses by CDCR's officers, agents and employees related to the performance of this agreement. Computer Software Manaqement Memo CDCR 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. Accountinq Principles Parties acknowledge that they adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; CDCR cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit. Contract Violations Parties acknowledge 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. Extension of Term This Agreement may be amended to extend the term upon the written agreement of both parties. Employment of Ex -Offenders CITY shall not knowingly either directly, or on a subcontract basis, employ in connection with this Agreement: -2- City of San Rafael greement Number SQ07024 CDCR SPECIAL TERMS AND CONDITIONS Exhibit D a. Ex -Offenders on active parole or probation; b. Ex -Offenders at any time if they are required to register as a sex offender pursuant to Penal Code Section 290 or if such ex -offender has an offense history involving a "violent felony" as defined in subparagraph (c) of Penal Code Section 667.5; or C. Any ex -felon in a position which provides direct supervision of inmates or parolees. 10. Electronic Waste Recvclinq Parties certify that they comply 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. Parties shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. 11. Excise Tax Parties are exempt from federal excise taxes; no payment will be made for any taxes levied on employees' wages. CDCR will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. 12. Licenses and Permits CITY warrants that it is a public entity duly incorporated under the laws of the State of California as a Chartered municipality. CITY certifies that it does not require anv license or permits to perform its obligations under this Agreement. 13. Conflict of Interest Parties 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. CITY has enacted its own Conflict of Interest Code and its designated employees annually file the required economic disclosures. a. 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. -3- City of San Rafael CDCR SPECIAL TERMS AND CONDITIONS 14. ,greement Number SQ07024 Exhibit D (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. b. 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, CITY shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. CITY shall not itself employ or offer to employ inmates or parolees either directly, or indirectly. CITY 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. If CITY violates any provision of the above paragraphs, such action by CITY 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. Disclosure Neither the State or any State employee will be liable to CITY or its staff for injuries inflicted by inmates or parolees of the State. CDCR agrees to disclose to CITY any -4- City of San Rafael CDCR SPECIAL TERMS AND CONDITIONS greement Number SQ07024 Exhibit D statement(s) known to CDCR staff made by any inmate or parolee which indicate violence may result in any specific situation, and the same responsibility will be shared by CITY in disclosing any known such statement(s) to CDCR. 15. Primary Laws, Rules, and Requlations Reqardinq Conduct and Association with State Prison Inmates Individuals who are not employees of CDCR, but who are working in and around inmates or parolees who are incarcerated within California's institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates. By signing this Agreement, CITY agrees that it shall make its employees aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates (a complete listing of all regulations can be found at http://cdcr.oal.ca.gov/ under the section entitled Title 15, all of which are incorporated by reference herein): a. Persons who are not employed by CDCR, but are engaged in work in conjunction with an inmate work crew outside the institution, must observe and abide by all laws, rules and regulations governing the association with prison inmates. Failure to comply with these guidelines may lead to termination of this Agreement. Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415 b. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO HOSTAGE" policy and all prison inmates, visitors, and employees shall be made aware of this. PC Sections 5054 and 5058; CCR, Title 15, Section 3304 C. Encouraging and/or assisting prison inmates to escape is a crime. It is illegal to give prison inmates firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and 4574 d. It is illegal to give or take letters from inmates without the authorization of the Warden. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates. PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424 and 3425 e. In an emergency situation the work program and its activities under this Agreement may be suspended. PC Section 2601; CCR, Title 15, Section 3383 Interviews with 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. CCR, Title 15, Sections 3261.5, 3315 (3) (W), and 3177. -5- City of San Rafael CDCR SPECIAL TERMS AND CONDITIONS 16. Clothinq Restrictions greement Number SQ07024 Exhibit D While working with inmate work crews, CITY and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by inmates. Specifically, no denim, no orange clothing and no yellow rainwear. The CITY shall contact SQSP for any clarification of SQSP's specific clothing policy. M City of San Rafael eement Number SQ07024 California Department of Corrections and Rehabilitation (CDCR) Exhibit E ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS LIuLtiL��PuTi[IP►_��'����1[��fi�I�]�ta7�ri�i•� 1. Contractor Emplovee Misconduct During the performance of this Agreement, it shall be the responsibility of CITY whenever there is an incident of use of force or allegation(s) of employee or inmate misconduct associated with this Agreement, 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 to the extent permissible under law; d) that information reasonably necessary to assure CDCR that inmates and/or CITY staff are not or have not violated any law, regulation, policy or procedure;; and e) written evidence that CITY has taken such remedial action, in the event of unnecessary or excessive force, inmate misconduct 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 CITY fails to so assure CDCR, CDCR may require that any implicated CITY staff be denied access to and the supervision of CDCR inmates and/or parolees in connection with the performance of this Agreement and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of CITY, CDCR retains the power to conduct an independent investigation of any incident(s). During the performance of this Agreement, it shall be the responsibility of CDRC whenever there is an incident of use of force or allegation(s) of employee or inmate misconduct associated with this Agreement, to immediately notify CITY of the incident(s), to cause an investigation to be conducted, and to provide CITY 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 to the extent permissible under law; d) that information reasonably necessary to assure CITY that inmates and/or CDRC staff are not or have not violated any law, regulation, policy or procedure; and e) written evidence that CDRC has taken such remedial action, in the event of unnecessary or excessive force, employee misconduct or inmate misconduct as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by CDRC fails to so assure CITY, CITY may require that any implicated CDRC staff be denied access to and the supervision of CDRC inmates and/or parolees in connection with the performance of this Agreement and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CITY retains the power to conduct an independent investigation of any incident(s). 2. Riqht 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 fifteen (15) days in advance of the effective date of such cancellation. City of San Rafael j eement Number SQ07024 CDCR ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit E 3. Mutual Hold Harmless CITY agrees, to the fullest extent permitted by law, to hold harmless, defend and indemnify CDRC from and against any liabilities, damages and costs (including reasonable attorneys fees and cost of defense) to the extent caused, during performance of services under this Agreement, by the negligent acts, errors and omissions of CITY, its officers, agents or employees. The CDCR agrees, to the fullest extent permitted by law to hold harmless, defend and indemnify CITY, its officers, directors, principals and employees, from any liabilities, damages and costs (including reasonable attorneys fees and cost of defense) to the extent caused by the negligent acts, errors or omissions of the State, CDCR, their contractors, employees, inmates, consultants or anyone for whom the State is legally responsible. Further, CDCR specifically acknowledges, understands and agrees that CITY shall entrust to the custody and control of CDCR, one twelve passenger van for CDCR's performance under this Agreement. CITY shall maintain and repair said vehicle during the term of this Agreement. CDRC specifically agrees to defend indemnify and hold harmless City, its officers, employees and volunteers pursuant to Section 5d of Exhibit A. 4. Insurance Requirements CITY hereby represents and warrants that the CITY is currently and shall for the duration of this Agreement be self-insured and provide am letter evidencing said self-insurance, which shall satisfy CITY's insurance requirements under this Agreement. -2- City of San Rafael Agreement Number SQ07024 California Department of Corrections and Rehabilitation Addendum ADDENDUM TO INMATE COMMUNITY SERVICE WORK CREWS AGREEMENT BETWEEN CITY OF SAN RAFAEL AND CDCR The parties each understand, acknowledge and agree as follows: 1) that the City of San Rafael (CITY) is the lead agency in a Memorandum of Understanding (MOU) among various municipalities in Marin County, including CITY, for the purpose of utilizing the San Quentin inmate work crews for vegetation and roadway maintenance work in their respective jurisdictions; 2) that, while CDCR is not a party to that MOU, CDCR inmate work crews may perform the same maintenance work as outlined in this Agreement, in those respective municipalities; 3) that any work performed by CDCR inmate work crews in other Marin County municipalities will be performed in accordance with all of the terms and conditions outlined in this Agreement between CITY and CDCR; 4) that this Agreement shall be incorporated into MOU, and all participating municipalities shall be informed of, and shall be required to abide by, the terms and conditions of this Agreement; 5) that CITY shall be responsible to compensate CDCR for all work performed by inmate work crews for any of the municipalities and shall be reimbursed and or compensated by those other Marin County municipalities participating in the MOU in accordance with all the terms and conditions of the MOU; 6) that when approved and executed, a copy of the MOU shall be forwarded to CDCR.