HomeMy WebLinkAboutCC Resolution 9092 (Department of Corrections)RESOLUTION NO. 9092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE CITY MANAGER TO SIGN
AN AGREEMENT WITH CALIFORNIA DEPARTMENT OF
CORRECTIONS AND APPROPRIATING AND AUTHORIZING
THE EXPENDITURE OF $4,500
WHEREAS, San Quentin State Prison has provided inmate labor for
maintenance projects in San Rafael: and
WHEREAS, in the past San Quentin Prison was able to provide the
program at no cost to San Rafael; and
WHEREAS, in order to continue this worthwhile program, those cities
wishing to utilize the inmate labor must now pay the cost of a guard; and
WHEREAS, the use of this labor force will allow the City of San Rafael
to complete some worthy but unfunded projects that would otherwise not be
completed without this program.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City
of San Rafael does hereby authorize the City Manager to sign an agreement with
the California Department of Corrections and to appropriate from unappropriated
reserves and authorize the expenditure of the amount of $4,500 for the remainder
of this fiscal year.
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 Council of said City on Monday, the 7th day of
February, 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEM 3ERS: None
ABSENT: COUNCILMEM 3ERS: None
JEAN F M EONCINI, City Clerk
U d W11
AGREEMENT BETWEEN MARIN CITIES
AND THE CALIFORNIA DEPARTMENT OF CORRECTIONS
SAN QUENTIN STATE PRISON
WHEREAS, San Quentin State Prison has available a varying number of fully able-
bodied inmates which it is desirous of training and effectively utilizing in a regular
program of productive work as mandated by the State Legislature under Assembly Bill
1403, attached hereto and by this reference made a part thereof.
WHEREAS, Marin Cities can effectively utilize inmates for work projects, and
WHEREAS, parties hereto desire to cooperate with each other in an understanding
that will accomplish various maintenance projects within the Cities and the training and
employment of men herein before set forth,
THEREFORE, it is mutually agreed as follows:
ARTICLE I - MARIN CITIES RESPONSIBILITIES,
Marin Cities agree to:
1. Assist in establishing the necessary emergency vehicle network to provide
transportation of seriously injured inmates.
2. Assist in protecting community safety and security by informing local law
enforcement of crew location for the purpose of providing periodic patrol or
for escape pursuit.
3. Provide general direction and instructions for all work projects to be
completed by San Quentin State Prison inmates.
4. Provide all tools and equipment necessary for completion of projects,
including graffiti removal: i.e., chain saws, wrenches, air compressors, and
fuel for such tools.
5. Provide technical direction to inmates for the safe operation of any special
equipment for completion of projects.
6. Provide first aid training for increasing the safety of inmates, staff, and the
community at large.
7. Provide suitable transportation and portable toilets for inmates and
employees at San Quentin State Prison. Cities will assume all costs for fuel
and maintenance.
8. Acknowledge that if the van is not operable for any reason, the Prison is not
required to field a crew.
ARTICLE 2 - SAN OUENTIN STATE PRISON RESPONSIBILITIES
San Quentin Prison agrees to:
1. Supply the necessary number of inmates for each work project established
under this agreement.
2. Provide lunch to be eaten by inmates at the appropriate time without
returning to San Quentin State Prison where the distance to work project is
such that it is impractical to return to San Quentin Prison for lunch.
3. Provide correctional personnel to properly supervise and control the
inmates as required by law, to have total responsibility at all times for the
discipline, control, security, welfare, and safety of such inmates.
ARTICLE 3 - MUTUAL RESPONSIBILITIES
It is mutually agreed upon that:
1. The assigned supervisors from Marin Cities, and San Quentin State Prison's
work crews sergeant must work with respect and cooperative understanding
to the end so that the inmates' work project program will proceed
successfully.
2. Work project crews shall not exceed fifteen (15) inmates.
3. Discipline of inmates will be the sole responsibility of the correctional
personnel.
4. There shall be no liability or responsibility on the part of Marin Cities for
sickness, injury, or death of inmates engaged in the activity conducted under
this agreement to the extent authorized by law.
5. San Quentin State Prison shall maintain total responsibility for determining
the custodial and supervisory requirement on all work projects: however,
planning of all work projects shall be the responsibility of Marin Cities.
6. No changes in written rules herein or hereinafter adopted by mutual consent
of the parties in furtherance of this agreement may be made, except through
proper channels of each agency. Such changes must be provided in writing
by both San Quentin State Prison and Marin Cities.
7. Inmates shall not be allowed to operate any mobile equipment on a public
road, trail, access road, or a thoroughfare of a public nature that may be in
general use by the public.
8. The Cities agree to remain responsible for the acts and omissions of their
employees and or agents. California Department of Corrections agree to
remain responsible for the acts and omissions of their employees and or
agents.
6.
ARTICLE 4 - WORK CREW VEHICLE
1. The City of San Rafael shall provide a fully operational 12 passenger van
complete with seat belts and all necessary safety equipment.
2. Cities will provide all fuel and maintenance of said vehicle in order to keep it
in a safe operating condition. The Cities agree that any failure to repair the
van will result in cessation of the operation until the van is properly repaired.
3. The prison assumes full responsibility for any liability resulting from the
operation of the van by prison personnel and agrees to defend and hold
harmless the Cities and their employees for any incidents, injuries, or
accidents to the extent authorized by law.
4. The Cities will provide and maintain an 800 megahertz radio in said vehicle
and a portable unit for the guard.
5. Cities will provide a first aid kit as required by CAL OSHA and all safety
equipment including vests, hard hats, gloves, goggles.
ARTICLE 5 - PAYMENT TO PRISON
1. Cities' signatories to this agreement agree to pay collectively $4,979.00 per
month for a total of $59,748.00 annually.
2. The Prison will provide a monthly statement to the City of San Rafael City
Manager who will be responsible for forwarding payment to the Prison.
3. The payment of the fee will require the Prison to field a crew 52 weeks per
year subject to lockdowns, holidays, vacations, sick leave, or other Prison
related activities.
4. The work assignments for each participating City will be adjusted from time
to time.
5. In the event that the Prison is not able to supply a work crew for at least 44
weeks per year, Cities will deduct $1,149 for every week work is not
performed.
ARTICLE 6 - DRUG-FREE WORKPLACE CERTIFICATION,
Both parties hereby certify compliance with Government Code Section 8355 in matters
relating to providing a drug-free workplace. Both parties will:
1. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations, as required by
Government Code Section 8355 (a).
2. Establish a Drug -Free Awareness Program as required by Government Code
Section 8355 (b), to inform employees about all of the following:
M
(a) The dangers of drug abuse in the workplace;
(b) The person's or organizations' policy of maintaining a drug-free
workplace;
(c) Any available counseling, rehabilitation and employee assistance
programs, 'and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355 (c) that every employee
who works on the proposed contract or grant:
(a) Will receive a copy of the company's drug-free policy statement; and
(b) Will agree to abide by the terms of the company's statement as a condition
of employment on the contract or grant.
ARTICLE 7 - LENGTH OF AGREEMENT
This agreement entered into shall continue in effect for a period of (1) one year from the
date of this agreement unless cancelled or amended by mutual consent of the parties
hereto upon (30) thirty days written notice by either party.
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CALIFORNIA DEPARTMENT OF CORRECTIONS
SAN QUENTIN STATE PRISON
ARTHUR CALDERON
Warden
MARIN CITIES
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56CKARNER
City Manager
City of Sausalito
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BONANDER
City Manager
City of Larkspur
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PAMELA J. NI OLAI
City Manager
City of San Rafael
Date: March 6, 1995
Attest:
Jea�oncini,Ci =Ierk�
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Akolt4
ROD WOOD
City Manager
City of Novato
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Town of Corte Madera
DOUGLAS DAWSON
City Manager
City of Mill Valley
5
Assembly BM No. 14O;i
CHAPTER 1
An act relating to prisons.
(Appmved by Governor January A V
Secretary of State January 20,
UrINAT[KE COUNSEL.
AB 1403, Baker. Prisons.
Existing.law provides for the employmen in state
prisons as part of the prison work progMM
This bill. would require the Department of Cp ons to direct
the employment of prisoners to activities which will achieve full
QZa work programs and make the state prisons • more
self wf&cienk as specified:' It would • regt�e the Director of
Corrections to report to: the LeWdabmri .by' January 1, 19831
concerning the progress that bas been made toward these goals.
Tfse people of the Salto of Caltl6m& do enact a Mbwm-
SEM' ON 1.. It is the intent.of the Legislature that all able -bodied -
prisoners in the state prisons be directed- to work, in,,uch as the
performance of productive- work on -a regular basis. is the most
appropriator method -of sway inatillin; in=�rs the values
of a law adridi ng and j y i . , tiver society animprove the
possibility of their seintegra1' into that society.
'rhe Legislature deoIares. that the Department of Corrections, is
one of the chief goals of the operation of the state priam s�r:tem, shall
seep to achieve self -sur _.. of the prison system through the
development of prima ar labor And skills to proi+ide the necessitles of
the przsoas, to, teach marketable skills, good work habits, and goal
orientation' to prisoners, . and to reduce the amount by which the
prisons must be supported by taxes and thusalso benefit the public.
at large.
The Mector of Corrections shall by January, 1, 1983, report -to the
Legislature on the progress that has been made towsard acliieviirg f u
inmate work programs and,.the self-sufficiency of the state prisons
and is the report ' gb':►ll delineate pm for improved
aelfisu�fficiency of the state prisons for tie following three yews.
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