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
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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:
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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.
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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
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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.
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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.