HomeMy WebLinkAboutA8451 - CALIFORNIA DEPARTMENT OF CORREECTIONS AND REHABILITATIONS • •
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SmACES
STANDARD AGREEMENTtere AGC560TNUMBER PURCHSINGAUTHgRRYNUMBER R ah[Applie)
STO21s11¢wm/2019) — 1 609141
1:This Agreement Is end Intabetwaonthe Corral Agency endV,aCcnbactbr named habit.
CONTMUINGAGENCY NAME
CaIIIpinfa-Department of Connections and Rehabilitation
CONTRACTORNAME
Cilyof Palm Springs
2 The term Whit Agreement It
STARTDATE
Up-Approval
THROUGH END.GATE
lurre30,2022
&The maximum amoumOf this Agreement is:
$11,704,00,Eleven Thousand Swan Hundred Four Dollars end Zero.Cents
4.The pnrdes agree W.Tomply vAthtrie terms and conditions of the following exhibits;which areby this reference madee partofthe Agreement
EXHIBITS TITLE PAGES
Exhibil.A Scope of Work 2 Pages
ExllbitB Budg4t0eta11 and Payment Provisions 2pages
EvhibitB-1 Rate Sheet. 1paga
ExhIbHC' GMwisl Termsand Condition 4pages
ExhibftD Special Terms and Conditions for Public Entity 14 pages
ExhltdtE Praw Rope Ellmloatlon Policy-VolunteerlContradorInformationalSheet 2pages
Attachments (CDCR2281)FIearmandRange Safety Rules 1pa9e
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CONTRACTOR
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My of Palm Springs
CONTRACTORBUSNESSADDRESS CRY STATE 21P
2743 E.Tahgpltz Canyon Way Palm Springs CA 92263
PRINTEDNAMEOFPERSONSIGNING TrU
David H.Ready City Manager
CONTRACTOR AUTHORIZED SIGNATURE ❑ATE SIGNED
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APPROVED AS TO FO M
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Pagel of 2
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARU.AGaREEMENT AGREEMENT NUMBS PURCHASING AUTHORITY NUMBEA(ITApplkable)
AD213RRW 031=4) I C5609141
STATE OFCALIFORMA
CONRAGTING AGENCY NAME
California.Department of Corn;ctions and Rehabilitation
CONTRACTING AGENCY ADDRESS CITY 57ATE ZIP
983E Old Placerville Road.Suite B-2 Sacramento CA R5827
PRINTEDNAME OFPERSON SIGNING T
Tern Gibson SSMI.(Staf Services Manager 1)
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE3N`NED
CALIFORNMOEPARTMENTOF GENLWSERVIC6 APPROVAL EXEMPTION(TAPPErAHIa)
Page 2 of 2
City of Palm Springs Agreement Number C5609141
California Department of Corrections andRehabilitation.(CDCR) Exhibit A
Scope of Work
FIRING RANGE SERVICES
I. Introduction
The Contractor shalt provide use of firing range facilities located at 200 South Civic Drive, Palm
Springs, CA 92262, to the California. Department of Corrections and Rehabilitation (CDCR),
Division of Adult Parole Operations (DAPO), Southern Region staff.
In order to accommodate all agents, it is necessary to have access to monthly use of the firing
range when scheduled..
Regular Requalificat(on: Parole Agents are required to re-qualify for regular shooting once per
quarter (1N qtr. July — September, 2nd qtr. October— December,.V qtr. January — March and.4'
qtr. April—June).
Night Firearms Requalification: Parole Agents are required to re-qualify for night shooting once
per year during the fourth quarter only(October, November and December).
II. Contractor Responsibilities
1. The range shall be available to DAPO for monthly,,quarterly, and evening use,as needed..
The actual dates and times for use of the range shall be mutually agreed upon by the
DAPO Regional Training Coordinator and the Contractor's Chief Range Master.
2. The Contractor's 'Firearm Safety Rules' (see Attachment 1) must be followed at all times
by all personnel using the Range facility. The Contractor's Range Master has final
authority on the Range for reasonable interpretation of those rules and reserves the right
to order any individual who repeatedly fails or refuses toabide by those rulesto leave the
Range facility. Any further disputes or issues of this nature will be addressed between the
Contractor and the using agency with a goal of resolution for the mutual benefit of both
the Contractor and the agency.
3.. The Contractor's range will accommodate a minimum of five (5) shooters at any one time
per shooting session. The facility will Include telephone access for emergencies,
classrooms and restroom access. Contractor will make a good faith effort to
accommodate at least five (5) shooters on a first-come, first-serve basis at any one time;.
however, said accommodation will be as scheduled, in advance.
4. The Contractor shall provide classrooms for firearm classes, tactical training and
demonstrations,.conducted by DAPO Range Masters. Classroom usage shall be provided.
at no charge to the State.
5. The Contractor will provide safety equipment such as hearing protection and safety
glasses. The DAPO may provide own safety equipment if desired, provided it meets
Contractor's specifications and approval.
6. The Contractor shall provide storage facilities located within the range compound. for
DAPO target equipment and other related equipment at no charge to the State.
Page 1 of 2
City of.Palm Springs Police Department Agreement No.
California Department.of Corrections and Rehabilitation(CDCR) Exhibit A
Scope of Work
Ill. CDCR Responsibilities
1. Use of the facilities shall be limited to employees of the DAPO and authorized training
personnel. All employees using the range are subject to range safety rules (see
Attachment 1) established by the Contractor and orders of the Contractor:while exercising
the privileges of this agreement.
2. DAPO will act as their own.Range Masters/Firearms Instructor to run training qualification
shoots, and will provide all target materials and ammunition to be utilized or expended.
No exposed lead bullets will be allowed for use at the Contractors indoor facility. Only
jacketed hollow point, total metal jacket or full metal jacketed bullets are ,authorized,
twelve (12) gauge shotgun lead pellets or slugs may be used.
IV. Monthly Use
1. The range will be available to DAPO, when .scheduled from 8:00am to 5i00pm. If
additional dates are required, DAPO will give the Contractor written notice at least two (2)
weeks in advance of its intent to exclusively use the range specifying the dates and times
of use.
2. There will be an average of 10 to 15 shooters per session and the maximum of 45 to 50
shooters per month. During the months of October, November and December, DAPO will
anticipate night shooters on an average of 10 to 15 shooters per month.
V. Quarterly weekend Use
1, If needed, the range will be available to DAPO one (1) weekend. per quarter when
scheduled. During the weekend, the range will be available for two (2) sessions (Saturday
and Sunday,8 hours per day).
VI. CDCR Contact Information
Should questions or problems anse during theterm of this contract, the.Contractor should contact
the following offices:
• Billing/Payment Issues
Headquarters Accounting Services
Phone Number. (916)255-2042
FAX Number: (916)445-2425
• Scope of Service/Performance Issues
Division of Adult Parole Operations (DAPO).Southern Region Headquarters
Phone Number:.(909)468-2300 Ext 236
Fax Number:(909)468.2310
• General Contract Issues:
Office of Business Services
Phone Number: (916) 255-6429, FAX Number: (916) 255-6187
2 of 2
City of Palm Springs • Aikment Number C5609141
California Department of Corrections And Rehabilitation(CDCR) Exhibit B
Budget Details and Payment Provisions
1. Invoicing and Payment
a. For services satisfactorily rendered, and upon receipt and approval of.Contractor's
invoices, the State agrees to compensate the Contractor in accordance with the
rates specified herein on Exhibit B-1 Rate Sheet, and made a part of this
Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated tens of this
Agreement and shall Include every item of expense, direct and indirect, including
taxes incidental to the specified rates.
b. Invoices shall include the Agreement Number, Purchase Order Number and shall
be submifteo In triplicate not more frequently than monthly in arrears to the address
provided below.
c. The Contractor also has the option to submit their invoices,electronically to the
appropriate email address listed below. The Contractor must use the name on the
Agreement and:the Agreement Number on the subject line of the email. The email
must include an attached PDF file of the invoice, in accordance with the information
above, and must reference:the institution acronym and invoice number. Separate
emails shall be sent for contracts with more than one participating institution;
facility, office and/or site with the invoice information as stated above.
California Department of Corrections and Rehabilitation (CDCR)
ASB Sacramento
Attention: Accounts Payable A
P.O. Box 187015-
Sacramento, CA 95818-7015
For electronic submission; send invoices to:
APAContractl nvolce(Mcdcr.ce:goy
2. Budget Continuencv Clause
a. It is mutually agreed that if the California State Budget Act for the current fiscal.
year and/or any subsequent fiscal years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall be of no further
force and effect. In this event,.the State shall have no liability to pay any funds
whatsoever to Contractor, or to furnish any other considerations under this
Agreement, and Contractorshall not be obligated to perform any provisions of this
Agreement.
b. If fundingfor the purposes of this program Is reduced or deleted for any fiscal year
by the California.State Budget Act,the State shall have the option to.either cancel
this Agreement with no liability occurring to the State, or offer an Agreement
amendment to Contractorto reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4,5, commencing with Section 927. Payment to small/micro businesses
shall be made in accordance with andwithin the time specified in Chapter4.5;Government
Code 927 at seq.
Page 1 of 2
City of Palm Springs. • A^meat Number C5609141
California Department of Corrections And Rehabilitation(CDCR) Exhibit B
Budget Details and Payment Provisions
4. Subcontractors
Nothing contained.in this Agreement, or otherwise, shall create any contractual relation
between the State and any subcontractors, andno subcontract shall relieve the Contractor
of Contractor's responsibilities and obligations hereunder. The Contractor agrees to be
as fully responsible to the State for the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by any of them as It is for the acts and
omissions of persons directly employed by the Contractor The Contractor's obligation to
pay its subcontractors Is an independent obligation from the State's obligation to make
payments to the Contractor. As..a result,the State shall have no obligation to pay or to
enforce the payment of any moneys to any subcontractor.
a. Advanced Payment for Non-Profit Oroanizattons
Pursuant to Government Code Section(GC) 11019, Upon review and approval of CDCR,
the Contractor may request an advance payment for the fiscal years) covered by this
agreement, which shall not exceed twenty five percent (25%) of the annual budgetfor
each fiscal year. The CDCR will review and determine the need for an advance payment
using the criteria contained in the department's procedures for advance payments to
Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth
(ill 2)of the advance payment:each month by the reduction of monthly invoices submitted
for payment by the Contractor in accordance with the project budget amount for each fiscal
year of the.agreement.
S. City/County Rate Increase
It is understood that the oity/county may regulate some or all of the Contractor's rates for
services. In the event the city/county increases the rates that.directly affect the services
provided in this Agreement, the Contractor may, once during the term of the Agreement,
request from the State an Increase in the rates stated in this Agreement The Contractor
must submit a written request to the State with a copy of the resolution from the city/county
listing the prior rates and new rates and effective date of the new rates.
Page 2 of 2
City of Palm Springs Police Department Agreement NumberC5609141
California Department ofCorrections and Rehabilitation (CDCR) Exhibit B-1
Rate Sheet
Firing Range Services
FISCAL YEAR 19120: upon Approval 2019_through JUNE 30, 2020
Description Rate Per X Est No. of Sessions = Total
Session
Regular and Night $ 133.00 X 24 - $3,192.00
Requalification
FISCAL YEAR 20121: JULY 1, 2020 through JUNE 30, 2021
Description Rate Per X Est No. of Sessions = Total
Session
Regular and Night $133.0A 32 = $4,256.00
Requalification X
FISCAL YEAR 21122: JULY 1, 2021 through JUNE 30. 2022
Description Rate Per X Est No. of Sessions = Total
Session
Regular and Night $133 DO 32 = $4,256.00
Requal�cation X
TOTAL CONTRACT AMOUNT =
$11,,Z04.00
Note:
The Contractor shall provide storage facilities located within the range compound.for
DAPO target equipment and other related equipment at no additional charge to the State.
1
City of PalmSprings • AjMment NumberC5609141
California.Department of Corrections and Rehabilitation(CDCR) Exhibit
Special Terms and Conditions for Public Entity Agreements
1. Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of
Exhibit C)
As a condition precedent to Contractors right to institute and pursue litigation or other legally
available dispute resolution process, if any, Contractor agrees that all disputes and/or claims
of Contractor arising under or related to the Agreement shall be resolved pursuant to the
following processes. Contractor's failure to comply with said dispute resolution procedures
shall constitute a-failure to exhaust administrative remedies.
Pending the final resolution of any such disputes and/orclaims,Contractor agrees to diligently
proceed with the performance of the Agreement, including the delivering of goods or providing
of services. Contractors failure to diligently.proceed shall constitute a material breach of the
Agreement.
The Agreement shall be interpreted, administered, and enforced according to the laws of the
State of California. The parties agree that any suit brought hereunder shall have venue in
Sacramento, California, the parties hereby waiving any claim or defense that such venue is
not convenient or proper.
A county, city, district or other local public body,. state-board or state commission, another
state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, V 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, K any, available under the laws of the State of
California.
2. Confidentiality.of Data
All financial, statistical, personal, technical and other data and information relating to State's
operation;which are designated confidential by the State and made-available to'carry out this
Agreement, or which become available to.the Contractor In order to carry out this Agreement,
shall be protected by the Contractor from unauthorized use and disclosure.
If the methods and procedures employed by the Contractor for the protection of the
Contractor's data and information are deemed by the State to be adequate for the protection
of the State's confidential information, such methods.and procedures may be used with the
written consent of the State. The Contractor shall not be required under the provisions of this
paragraph to keep confidential any data already rightfully In the Contraotoes possession that
is independently developed by the Contractor outside the scope of the Agreement or is
rightfully obtained from third parties.
No reports, information,_inventions, improvements, discoveries, or data obtained, repaired,
assembled, or developed by the Contractor pursuant to this Agreement shall be released,
published, or made available to any person(except to the State)without prior written approval
from the State.
Contractor by acceptance of this Agreement is subject to all of the requirements of California
Government Code Section 11019.9 and California Civil Code Sections 1798, at seq.,
regarding the collection, maintenance,and disclosure ofpersonal and confidential information
about Individuals.
Page 1 of 14
City of Palm Springs • A94ment Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
3. Accounting Principles
The 'Contractor will adhere to generally accepted accounting principles as :outlined by the
American Institute of Certified Public Accountants. Dual compensation is not allawed; a
contractor cannot receive:simultaneous compensation from two or more funding sources for
the same services performed even though both funding sources could benefit.
4. Taxes
Unless required by law,the State of Cal'rfomia is exempt from federal excise taxes.
6. Right to Terminate(Supemedes provision number 7,.Temnination for Cause,of Exhibit.C)
The parties hereto agree that either party may cancel thisAgreement by giving the other party
written notice thirty (30) days in advance of the effective date of such cancellation. In the
event of such termination, the State agrees to pay Contractor for actual services Tendered up
to and including the date of termination.
The State may terminate this Agreement and be relieved of any payments should the
Contractor fail to perform the requirements of this Agreement at the time and in the manner
herein provided In the event of such termination the State may proceed with the work in:any
manner deemed proper by the State. All costs to the State shallbe deducted from any sum
due the Contractor under this Agreement and the balance, if any, shall be paid to the
Contractor upon demand.
6. Contract Suspension
Notwithstanding any other provisions of this Agreement; pursuant to a Govemor's Executive
Order or equivalent directive, such as e.court order or an order from a federal or state
regulatory agency, :mandating the suspension of state contracts, the State may issue a
Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive
and the Agreement number(s)subject:to suspension. Unless specifically stated otherwise, all
performance under the Agreement(s) .must stop- immediately upon receipt of the
! Notice. During the period of wnWict suspension, Contractor is not entitled to any payment
for the suspended work. Once the order suspending state contracts has been lifted, a formal
! letter from the Department will be issued to the Contractor to resume work.
7. Extension of Term
If it is determined to be in the best interest of the State;this Agreement may be amended to
i extend the term at the rates agreed upon by CDCR and the Contractor.
8. Contractor Employee Misconduct
During the performance of this Agreement, it shall be the responsibility of the Contractor
whenever there is an incident of use of force or allegation(s) of employee misconduct
associated with and directly impacting inmate and/or parolee rights,to immediately notify the
CDCR.of the incidenf(s), to cause an investigation to be conducted, and to provide CDCR
with all relevant information pertaining to the incident(s).
Page 2 of 14
City of Palm Springs • AAment Number C5609141
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
All relevant information includes, but is not limited to! a) investigative reports; b) access to
inmates/pamlees and the associated staff; c)access to employee personnel records;:d)that
information reasonably necessary to assure CDCR that inmates and/or parolees are not or
have not been deprived of any legal rights as required by law, regulation, policy and
procedures; and e)written evidence that the Contractor has taken such remedial action, in
the event of unnecessary or excessive force, or employee misconduct with inmates and/or
parolees,as will assure against a repetition of incident(s)or retaliation. To the extent that the
information provided by the Contractor fails to so assure CDCR, CDCR may require that any
implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or
parolees at the facility and access to inmate and/or parolee records. Notwithstanding the
foregoing, and without waiving any,obligation of the Contractor, CDCR retains the power to
conduct an independent investigation of any'incident(s). Furthermore, it is the responsibility
of the Contractor to include the foregoing terms within any and all subcontracts, requiring that
subcontractot(s) agree to the jurisdiction of COCR'to conduct an investigation of their facility
and staff,.including review of subcontractor employee personnel records, as a condition.of the
.Agreement.
9. Subcontracting
Services provided are to be performed primarily with the staff of the public entity or, in the
case of educational institutions, auxiliaries or foundations, by the faculty, staff or students
i associated with the particular institution. Agreements are not to be used by state agencies to
circumvent the competitive bidding requirements of Public Contract Code Section 1034D.
if mom thattwehty-five (25) percent of the total contract amount or$50,000.00, whichever is
less,. is subcontracted,non-compatitive bid approval must be obtained from the Secretary of
CDCR and the Department of General Services prior to the commencement of services,
unless the subcontract was competitively bid or the subcontractor(s.)also qualifies as a state
agency,governmental agency, orJoint power.
10. Subcontractor/Consultant Information
Contractor is required to identify all subcontractors and consultants who will perform labor or
render services in the performance of this Agreement. Additionally,.the.Contractor shall notify
the Department of Corrections and. Rehabilitation; Office of Business Services, in writing,.
within ten (10) working days, of any changes to the subcontractor and/or consultant
Information.
11.Liability for Nonconforming Work
The Contractor will be fully responsible for ensuring that the completed work conforms to the
agreed upon terms. If nonconformity is discovered prior to the Contractors deadline, the
Contractor will be given a reasonable opportunity to cure the nonconformity. If the
nonconformity is discovered after the deadline for the completion of the project, CDCR, in its
sole discretion, may use any reasonable means to cure the nonconformity. The Contractor
shall be responsible for reimbursing CDCR for any additional expenses incurred to curesuch
defects.
Page 3 of 14
City of Palm Springs • AgOment Number C5609141.
California Department of Corrections and Rehabilitation (CDCR) - Exhibit D
Special Terms.and Conditions for Public Entity Agreements
12.Temporary Nonperformance
If, because of mechanical failure or for any other reason, the Contractor shall be temporarily
unable to perform the work as required,the State,during the period of the Contractor's inability
to perform,reserves the right to accomplish the work by other means and shall be reimbursed
by the Contractor for any additional costs above the Agreement price.
13.Contract Violations
The Contractor acknowledges that any violation of Chapter 2,or any other chaptered provision
of the Public Contract Code(PCC), is subject to the remedies and penalties contained in PCC
Sections 10420through 10425.
14. Employment of Ex-Offenders
Contractor cannot and will not either directly, or on a.subcontract basis, employ In connection
with this Agreement:
a. -Ex-Offenders on active parole or probation, who have been on active parole or probation
during the last three years preceding their employment;
1. Contractor shall only employ ex-offenders who can:provide written evidence of having
satisfactorily completed parole or probation„ and who have remained off parole or
probation, and have had no arrests or convictions within the past three years.
b. Ex-offenders:convictedof drug-trafficking inaprison!ail;escape craiding/abettingescape;
battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal
Code Sections4570.4574 (unauthorized Communications with Prisons and Prisoners ..
Offenses).
c. Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section
290.
d. Any ex-offender who has an offense history involving. a "violent felony' as defined in
subparagraph (c)of Penal Code Section 667.5; or
e. Any ex-offender in a position which provides.direct supervision of parolees.
An ex-offender whose assigned duties involve administrative or policy decision-making,
accounting, procurement, cashiering, auditing, or any other business-related administrative
function shall.befully bonded to cover any potential loss to the State or contractor. Evidence
of such bond shall be supplied to CDCR prior to employment of the ex-offender.
15.Conflict of Interest
The Contractor and their employees shall abide by the provisions of Government Code(GC)
Sections 1090. 81000 at seq., 92000 at seq., 87100 et seq., and 87300 et seq., Public
Contrail- Code (PCC) Sections 10335 at seq. and 10410 at seq., California Code of
Regulations (CCR), Title.2, Section 18700 at seq. and Title 15, Section 3409, and the
Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest.
Page 4 of 14
City of Palm Springs 0 A94ment Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
a. Contractors and Their Employees
Consultant contractors shall file a Statement of Economic Interests, Fair Political Practices
Commission (FPPC) Form 7q0 prior to commencing services under the Agreement,
annually during the life of the Agreement,and within thirty(30)days after the expiration of
the Agreement. Other service contractors and/or certain of their employees may be
required to file.a Form 700 If so requested by the CDCR or whenever it appears that a
conflict of interest may be issue. Generally, service contractors (other than consultant
contractors required to file as above)and their employees shall be required to file an FPPC
Form 700 if one of the following exists:
(1) The Agreement service has been identified by the CDCR as one where there is a
greater likelihood that a conflict of interest may occur;.
(2) The Contractor and/or Contractor's employee(s), pursuant to the Agreement, makes
or influences a governmental decision; or
(3) The Contractor and/or Contractor's employee(s) serves In a staff capacity with the
.CDCR and in that capacity participates in making a governmental decision or performs
the same or substantially all the same duties for the CDCR that would otherwise be
performed by an individual holding a position specified in the CDCR's Conflict of
Interest Code.
b. Current State Employees
(1) No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state.agency,unless the employment, activity or
enterprise is required as a condition of regular state employment.
(2) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
(3) In addition to the above, CDCR officials and employees shall also avoid actions
resulting in or creating an appearance of:
(a) Using an official position for private gain;
(b) Giving preferential treatment to any particular person;
(c) Losing independence or impartiality;
(d) Making a decision outside of official channels; and
(a) Affecting adversely the confidence of the public or local officials in the integrity of
the program.
(4) Officers andemployees of the Department must not solicit, acceptor receive, directly
or -indirectly, any fee, commission, gratuity or gift- from any person or business
organization doing or seeking to do business with the State.
c. Former State Employees
(1) For the two year (2-year) period from the date he or she left state employment, no
former state officer or employee may enter into an Agreement in which he or she
engaged in any of the negotiations, transactions, planning, arrangements or any part
of the decision-making process relevant to the Agreement white employed In any
capacity by any state agency_
(2) For the twelve-month(I 2-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
0 he or she was employed by that state agency In a:policy-making position in the same
general subject area as the proposed Agreement.wiihin the 12-month period prior to
his or her leaving state service.
Page 9 of14
City of Palm Springs • A94ment Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms andConditions for Public Entity Agreements
In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with
respect to any financial dealings,employment services, or opportunities offered to inmates or
parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either
directly or indirectly through an affiliated company, person or business unless specifically
authorized in writing by CDCR. In addition, the Contractor shall.not (either directly, or
indirectly through an affiliated company, person or business)engage in financial dealings with
inmates or parolees, except to the extent that such financial. dealings create no actual or
potential conflict of interest, are available on the same terms to the general public, and,have
been approved in advance in writing by CDCR. For the purposes of this paragraph,'affiliated
company, person or business" means any company, business, corporation, nonprofit
corporation, partnership, limited partnership, sole:proprietorship, or other person or business
entity of any kind which has any ownership or control interest whatsoever in the Contractor,
or which is wholly or partially owned(more than 5%ownership)or controlled (any percentage)
by the Contractor or by the Contractor's owners, officers, principals, directors and/or
shareholders, either directly or indirectly. 'Affiliated companies, persons or businesses'
include, but are not.limhed to,subsidiary, parent, or sister companies or corporations, and any
company, corporation, nonprofit corporation, partnership, limited partnership,. sole
proprietorship, or other person or business entity of any kind that is wholly or partially owned
or controlled, either directly or indirectly, by the Contractor or by the Contractor's owners,
officers, principals, directors and/or shareholders.
The Contractor shall have a continuing duty to disclose to the State, in writing, all interests
and activities that create an actual or potential conflict of interest in performance of the
Agreement.
The Contractor shall have a continuing duty to keep the.State timely and fully apprised in
writing of any material changes in the.Contractor's business structure and/or status. This
includes any changes in business form, such as a change from sole proprietorship or
partnership into a corporation or vice versa;: any changes in company ownership; any
dissolution of the business; any change of the name ofthe business;any filing in bankruptcy;
any revocation of corporate status by the Secretary of State; and any other material changes
in the Contractor's business status or structure that could affect the performance of the
Contractor's duties under the Agreement.
If the Contractor violates any provision of the above paragraphs,such action by the Contractor
shall render this Agreement void.
Members of boards and commissions are exempt from this section if they do not receive.
payment other than payment for each meeting of the board or commission„ payment for
preparatory time and payment for per diem.
S. Travel
Contractor's rates shallinclude all travel expenses required to perform services In accordance
with this contract.
Page 6of 14
City of Palm Springs • AgOment Number C5609141-
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
17. Notification of Personnel Changes
Contractor must notifythe State, In writing,of any changes of those personnel allowed access
to State premises for the purpose of providing services under this Agreement. In addition,
Contractor must recover and return any State-issued identification card provided to
Contractor's employee(s) upon their departure or termination.
18.Security Clearance/Fingerprinting.
The State reserves the right to conduct fingerprinting and/or security clearance—through the
Department of Justice, Bureau of Criminal Identification and Information (BCII)—prior to
award and atany time during the term of the Agreement,in orderto permit Contractor(andlor
Contractor employee) access to State premises. The State further reserves the right to
terminate the.Agreement should a threat to security be determined.
19.Computer Software
Contractorcertifies that it has appropriate systems and controls in place to ensure that state
funds will not be used in the performance of this Agreement for the acquisition, operation or
maintenance of computer software In violation of copyright laws.
20. Expendable Equipment
Expendable equipment is defined as expendable items which change with use and have a
unit acquisition cost of less than $5,000 per unit(i.e.fax machines, computers, printers, etc.).
Title to any expendable equipment purchased or built with State funds as part of this
agreement will vest in the State.. The Contractor must retain a listing of expendable equipment
purchases that are--considered'theft-sensitive"items, such as cameras, calculators, two-way
radios,computer equipment, etc., for audit purposes. Upon completion or termination of the.
agreement, Contractors are required to leave all expendable equipment for use by
subsequent contractors or for the State to dispose of accordingly. The State may authorize
the:continued use of such equipment for workto be performed under a.different agreement.
The cost of expendable equipment purchased should be comparable-to the prevailing.price
for similar items in the surrounding area.
21-.Electronic Waste Recycling
The Contractor certifies that it complies with the requirements of the Electronic Waste
Recycling Acts of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section42460of
the Public Resources Code, relating to hazardous and solid waste.. Contractor shall maintain
documentation and provide reasonable access to its records and documents that evidence
compliance.
22. Liability for Loss and Damages
Any damages by the Contractor to the States facility including equipment,furniture, materials
or other State property,will be repaired or replaced by the,Contractor to the satisfaction of the
State at no cost to the State. The State may, at its option,repair any such damage and deduct
the cost thereof from any sum due Contractor under this Agreement.
Page 7-of 14
City of Palm Springs • A96ment Number C5609141.
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
23.Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for injuries
inflicted by inmates or parolees of the State. The State agrees to disclose to the.Contractor
anystatement(s) known made by any inmate or parolee which indicate violence may resuk in
any spec situation, and the same responsibility will be shared by the Contractor in
disclosing such statement(s)to the State.
24.Workers' Compensation
Contractor hereby represents and warrants that Contractor is currently and shall, for the
duration of this agreement, carry workers'.compensation insurance, at Contractor's expense,
or that it is self-insured through a policy acceptable to CDCR,:for all of its employees who will
be engaged In the performance of this agreement. Such coverage, will be a condition of
CDCR's obligation to pay for services provided:under this agreement.
Prior to approval of this-agreement and before performing any work, Contractor shall furnish
to the State evidence of valid workers' compensation coverage. Contractor agrees that the
workers' compensation insurance shall be in effect at all times during the. term of this
agreement. In the event said insurance coverage expires or is canceled at any time during
the term of this agreement,.Contractor agrees to give at least thirty (30) days prior noticeto
CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage
shall not be for less than the remainder of the term of the agreement or for a period of not less
than one year. The State reserves the right to verity the Contractor's evidence of coverage.
In the event the Contractor fails to keep workers' compensation insurance coverage in effect
at all times, the State reserves the right to terminate this agreement and seek any other
remedies afforded by the laws of this State.
Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents
and employees from any and all of Contractor's workers' compensation claims and losses by
Contractor's officers, agents and employees related to-the performance ofthis agreement.
25. Mutual Hold Harmless
Contractor agrees; to the fullest extent permitted by law, to hold harmless, defend and
indemnify the State, its officers, agents and employees 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 the Contractor or anyone for whom Contractor is legally responsible.
The State agrees;to the fullest extent permitted by law and subject to the availability of funds
to hold harmless, defend and indemnify the Contractor, 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
as allowed by law:
26.Insurance Reoutrements
Insurance as required herein shall be a condition of theState's obligation to pay for services
provided under this Agreement. Prior to approval of this Agreement and before performing'
any work, Contractor and any subcontractor shall furnish to the State evidence of valid
Page 8 of 14
City of Palm Springs • Agent Number C5609141
Califomia Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
coverage. The following shall be considered evidence of coverage: Acertificate of insurance,
a'true and certified" copy of the policy, or any other proof of coverage issued by Contractor's
insurance carrier. Binders are not acceptable as evidence of coverage. Providing evidence
of coverage to the State conveys no rights.or privileges to the State, nor does it insure any
State employee or insure any premises owned, leased, used by or otherwise or under the
control of the State. It does, however,serve to provide the State with proof that the Contractor
and any subcontractors are insured at the minimum levels required by the State of California.
Contractor agrees that any liability insurance required in the performance of this Agreement
shall be in effect at all times during the term of this Agreement. In the event said insurance
coverage expires-or is canceled during the term of this Agreement, Contractor shall provide
the State within five (5) business days of receipt by contractor a copy of any notice of
cancellation or non-renewal at insurance required by the contract. Evidence of coverage
required in the performance of this.Agreement shall not be for less than Bie remainder of the
term of this Agreement orfor a period of not less than one year. The State and the Department
of General Services (DGS) reserve the right to verify the Contractor's evidence of coverage;.
evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails
to keep insurance coverage as required herein in effect at all times, the State reserves:the
right to terminate this Agreement and to seek any other remedies afforded by the laws of the
State ofCalifornia.
Contractor hereby represents and warrants they(and any subcontractors) are currently and.
shall for the duration of this Agreement be insured. Contractor shall provide proof of sell-
insurance against:
Commercial General Liability — Provider agrees to carry a minimum of $1,000,000 per
occurrence for bodily injury and property damage liability combined..
27.Tuberculosis(TB) Testing
In the event that the services required underthis Agreement will be performed within aCDCR
institutioniparole officelcommunity-based program; Contractors and their employees who are
assigned to workwith, near, or around inmates/parolees shall be required to be examined and
tested or medically evaluated by-a licensed healthcare provider for TB in an infectious or
contagious stage prior to the performance of contracted duties, and at least once a year
thereafter (within 12 months of their initial or previous TS test under this contract), or more
often as directed by CDCR.
Contractors and their employees who have any contact (physical or nonphysical) with
inmatesiparolees, shall be required to furnish to the CDCR ProgranJlnstitution Contract
Manager, at no cost to CDCR, a documented Tuberculosis. (TB), evaluationttest for TB
infection(Tuberculin Skin Test(TST)or blood test Interferon Gamma Release Assay(IGRA)
completed wahln(30)thirty days of the start date of the services and be certified to be free of
TB in an infectious or contagious stage by a licensed healthcare provider:prior to assuming
their contracted duties and annually thereafter.
Page 9 of 14
City of Palm:Springs • AgOment Number C5609141
California Department of Corrections and Rehabilitation(CDCR) Exhibit D.
Special Terms and Conditions for Public Entity Agreements
The following provisions apply to services provided on departmental and/or institution
grounds.,
28. Blood borne Pathogens
Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA)
regulations and guidelines pertaining to blood home pathogens.
29.Primary Laws Rules and Regulations Regarding Conduct and.Association with State
Prison Inmates and Division of Juvenile Justice Wards
Individuals who are not employees of the California Department of Corrections and.
Rehabilitation (CDCR), but who are working in and around inmates who are incarcerated, or
wards who am housed within.Cal'domia's inst@utionslfacilities or camps, are to be apprised of
the lam, rules and regulations governing conduct in associating with prison inmates or wards.
The following is a summation of pertinent information when non-departmental employees
come in contact with prison inmates or wards.
By signing this contract,the Contractor agrees that if the provisions of the contract require the
Contractor to enter an institution/facility or camp,the Contractor and any employee(s) and/or
subcontractor(s) shall be made aware of and shall abide by the following laws, rules and
regulations governing conduct in associating with prison inmates or wards:
a. Persons who are not employed by CDCR,but are engaged in work at any Institution/faciUty
or camp must observe and abide by all laws,rules and regulations governing the conduct
of their behavior in associating with,prison Inmates orwards. Failure to comply with these
guidelines may lead to expulsion from.CDCR institutions/facilities or camps.
SOURCE: California Penal Code (PC) Sections 5054 and5058; California Code of
Regulations (CCR); Title. 15, Sections 3285 and 3415, and California Welfare and
Institutions Code(WIC) Section 1712.
b. .CDCR does not recognize hostages for bargaining purposes. CDCR has a 'NO
HOSTAGE" policy and all prison inmates, wards, visitors, and employees shall be made
aware of this.
SOURCE: PC Sections 5054 and 5058; COR, Title 15, Section 3304 and 4603;WIC
Section 1712.
c. All persons entering onto institutionlfacility or camp grounds consent to search of their
person, property or vehicle at any time. Refusal by individuals to submit to a search of
their person, property, or vehicle may be cause for denial of access to the premises.
SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177,
3208, 46,96, and 4697:WIC 1712.
d. Persons normally permitted to enter an institution/facility or camp may be barred, for
cause, by the CDCR Director;Warden, and/or Regional Parole.Administrator.
SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section.3176 (a) and4696;
WIC Section 1712.
Page 10 of14
City of.Palm Springs • A94ment Number G5609141
Calrfomia Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
e. It is illegal foran individual who has been previously convicted of a felony offense to enter
into CDCR adult institutions/faciiries or camps, or youth Institutions/facilities or camps in
the nighttime,without the prior approval of the Warden or officer in charge. Itisalsoiltegal.
for an individual to enter onto these premises for unauthorized purposesor to refuse to
leave said premises when requested to do so. Failure to comply with this provision could
lead to prosecution.
SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and
3289;WIC Section 1001.7.
f. Encouraging and/or assisting prison inmates to escape, is a crime. It is illegal to bring
firearms, deadly weapons, explosives, tear gas, drugs or drug, paraphernalia on CDCR
Institutionstfacilities or camp premises. It is illegal to give prison inmates or wards
firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia,
including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices,
and written materials and pictures whose sale is prohibited to minors.
SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550. 4573. 4573.5, 4573;6 and
4574; WIC Section 1152, CRR, Title 15,sections 4681 and 4710;WIC Section 1001,5.
g. It is illegal to give or take letters from inmates or wards without the authorization of the
Warden or officer In charge. It is also illegal to give or receive any type of gift and/or
gratuities from prison inmates or wards.
SOURCE: PC.Sections.2640, 2541 and 4570; CCR, Tide 15, Sections -3010, 3399,
3401.,3424, 3425 and.4045;WIC Section 1712.
h. In an emergency situation the visiting program and other program activities may be
suspended.
SOURCE: PC Section 2601; CCR, Title 15, Section 3383, 4002.5 and 4696.
1. For security reasons, visitors must not wear clothing that in any way resembles state
issued prison inmate orward clothing (blue denim shirts, blue denim pants).
SOURCE: CCR,Tide 15, Section 3174 (b) (1)and 4696..
j. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to
circumvent policy and/or regulations constitutes a rule violation that may result in
appropriate legal action. Interviews with individual wards are .permitted with written
consent of each ward if he is 18 years of age or older; or with written consent.of a parent;
legal guardian, or committing court, 'rt 17 years at age or younger.
SOURCE: CCR,Title 15, Sections 3261.5,-3315(a)(3)(X),and 3177 and 4700(a)(1).
30.Clothirm Restrictions
While on institution grounds, Contractor and all its agents, employees, andlor representatives
shall be professionally and appropriately dressed in clothing distinct from that wom-by inmates
at the institution. Specifically. blue denim pants and blue chambray shirts,
Page 11 of 14
City of Palm Springs • AgOment Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
orange/red/yellow/while/chartreuse jumpsuits and/or yellow rainwear shalt not be wom onto
institution grounds,as this is inmate attire. Contractor should contact the institution regarding
clothing restrictions prior to requiring access to the institution to assure the Contractor and
-
their employees are in compliance._
31.Tobacco-Free Environment
Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the
grounds of any institution or facility underthe jurisdiction of the Department of Corrections and
Rehabilitation is prohibited.
32. Prison Rape Elimination Policy
CDCR maintains a. Zero tolerance for sexual misconduct in its -institutions, community
correctional facilities,conservation camps and for all offenders under Its jurisdiction. Allsexual.
misconduct is strictly prohibited.
CDCR is committed to providing a safe. humane, secure environment, free from sexual
misconduct. This will be accomplished by maintaining a program to ensure
education/prevention; detection, response, investigation and tracking of sexual misconduct
and to address successful community re-entry of the victim.
All Contractors and their employees are expected to ensure compliance with this policy as
described in Department.Operations Manual, Chapter 5,Artide 44.
If you are providing services for the confinement of our inmates, you and your staff are
required to adopt and comply with the PREA standards, 28 Code of Federal
Regulations (CFR) Part 115 and with CDCR's Department Operations Manual, Chapter 5,
Article 44, including updates to this policy. This will include CDCR staff and outside audit
personnel (who also conduct PREA audits of state prisons) conducting audits to ensure
compliance with the standards.
As a Contractor with CDCR,.you shall not assign an employee to a£DCR facility or assign
an employee to duties If that employee will have contactwith CDCR Inmates, ifthatemployee.
has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of
engaging or attempting to engage in sexual activity in the community facilitated by force,:overt
or implied threats of force,or coercion,or if the victim did.not Consent or was unable to consent
or refuse; or 3)has been civilly or administratively adjudicated to have engaged in the activity
described in this section.
The Contractor shall conduct a criminal background recordscheckforeach contract employee
who will have contact with CDCR inmates and retain the results for audit purposes. Bysigning
this contract the Contractor agrees to ensure that all pf the mandates of this Section 5: Prison
Rape Elimination Policy are compiled with, Material omissions, by the contract employee,
regarding such misconduct or the provision of materially false Information,-shall be grounds
for removal from institutionalgrounds.
Contract employees,who have contact with inmates,shall be provided training via the Exhibit
titled; "PRISON RAPE ELIMINATION POLICY, Volunteer/Contraotor.Informational Sheet" to
learn their responsibilities under the agency's sexual abuse and sexual harassment
Page 12 of 14
City of Palm Springs • Ajkment Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity.Agreements
,prevention, detection, and .response policies and procedures. A ;copy of this signet)
informational sheet will be provided to the institution before a contract employee.may have
-
contact with inmates-.
Any contract employee who appears to have engaged in sexual misconduct of an inmate shall
be prohibited from contact with inmates and shall tie subject to administrative and/or criminal
investigation. Referral shall be made to the District Attorney unless the activity was clearly
not criminal. Reportable Information shall be sent to relevant licensing bodies.
33.Security Regulations
a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the
Contractor, Contractors employees and subcontractors shall enter the institution through
the main entrance gate and park private and nonessential vehicles In the designated
visitors parking lot. Contractor, Contractors employees and subcontractors shall remove
the keys from the ignition when outside the vehicle and all unattended vehicles shall be
locked and secured while on institution grounds.
b.: Any State- and Contractor-owned equipment used by the Contractor for the provision of
contract services; shall be rendered temporarily inoperative by the Contractor when not in
use, by looking or other means unless specified otherwise.
c. In orderto maintain institution safety and security, periodicfire prevention Inspections and
site searches may become necessary and Contractor must furnish keys to institutional
authorities to access all locked areas on the worksite, The State shall in no way be _
responsible for Contractors loss due to file.
d. Due to security procedures,.the Contractor, Contractors employees and subcontractors
may be delayed at the institution vehicle/pedestrian gates and sally.ports. Any loss of time
checking in and out of the institution gates and sally ports shall be bome by the Contractor,
e. Contractor, Contractors employees and subcontractors shall observe all security rules
and regulations and comply with all instructions given by institutional authorities.
f. Electronic and communicative devices Such as pagers, cell phones and
cameras/microcameras are not permitted on institution grounds.
g. Contractor, Contractors employees and subcontractors shall not cause undue
interference with the operations of the institution.
h. No picketing is allowedon State property.
Page 13 of 14
City of Palm Springs • . Agoment Number C5609141
California Department of Corrections and Rehabilitation(CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
34.Gate Clearance
Contractor and Contractor's employee(s) and/or subcontractor(s) must be cleared prior to
providing services. The Contractor will be required to complete:a:Request for Gate Clearance
for all persons entering the facility a minimum often (10)working days prior to commencement
of service. The Request for Gate Clearance must include the-person's name, social security
number, valid state driver's license number or state identification card number and date of
birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses
the Request for Gate Clearance to run-a California.Law Enforcement Telecommunications
System (CLETS)check. The checkwill include Department of.Motor Vehicles check,Wants
and Warrants check, and Criminal History check.
Gate clearance may be denied for the following reasons: Individual's presence .in the
Institution presents a.serious threat to security, individual has been charged with a serious
crime committed on institution property, inadequate information is available to establish
positive identity of prospective individual, and/or individual has deliberately falsified his/her
Identity.
All persons entering the facilities must have a valid state driver's license or photo identification.
card on their person.
Page 14 of 114
City of Palm Springs • AgOrrient Number C5609141
California Department of Corrections and Rehabilitation(CDCR) Exhibit E
Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
PRISON.RAPE ELIMINATION POLICY
Volunteer/Contractor Informational Sheet.
The Prison Rape Elimination Policy for the Califomia Department of Corrections and
Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private
contractor who has contact with CDCR offenders, it is your responsibility to do what you can,
within the parameters of your current assignment, to reduce incidents of sexual violence, staff
sexual misconduct, and sexual harassment and to report information appropriately when they are
reported to you or when you observe such an incident.
Historical Information
Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination.Act
(PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005,
and most recently the United States, Department of Justice Final Rule; National Standards of
2012 to help prevent, detect and respond to sexual violence, staff sexual misconduct and sexual
harassment behind liars. It Is Important that we, as professionals, understand all aspects of these
laws and our responsibilities to help prevent, detect, and respond to instances by offenders and
staff.
The CDCR policy is found in Department Operations Manuel(DOM),Chapter 5,Article 44. PREA
addresses five types of sexual offenses. Sexual violence committed by offenders will encompass: _
Abusive Sexual :Contact, Nonconsensual Sex Acts, or Sexual Harassment by an Offender
(towards an offender). The two remaining types of sexual offenses covered by PREA are Staff
Sexual Misconduct and Staff Sexual Harassment(towards an offender).
CDCR's policy provides for the following;
• CDCR is committed to continuing to provide a safe, humane, secure environment,free from
offender on offender sexual violence,staff sexual misconduct, and sexual harassment.
• CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual
harassment in Its institutions, community correctional facilities, conservation camps,and for
all offenders under its jurisdiction.
• All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited.
• This policy applies to all offenders and persons employed by.the CDCR,including volunteers
and independent contractors assigned to an. institution, community correctional facility,
conservation ramp, or parole.
Retaliatory measures against.employees or offenders who report incidents of sexual violence,
staff sexual misconduct. or sexual harassment as well as retaliatory measures taken.against
those who cooperatewith investigations shall hot be tolerated andshall result in disciplinary action
and/or criminal prosecution.
Retaliatory measures include, but are not limited to:
• Coercion.
• Threats of punishment.
• Any otheractivities Intended to discourage or prevent staff or offenders from reporting
incident(s).
Professional Behavior
Page 1 of 2
City of Palm Springs • AgOrrent Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit E
Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet
Staff, Including volunteers and private contractors are expected to act In a professional manner
while on the grounds of a CDCR institution and while interacting with other staff and offenders.
Key elements of professional behavior include:
• Treating everyone, staff and offenders alike, with respect
• Speaking withoutjudging, blaming, or being:demeaning
• Listening.to others with an objective ear and trying to understand their point of view
• Avoiding gossip, name calling, and what may be perceived as offensive or"off-color"humor
• Taking responsibility for your own behavior
Preventative Measures
You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking
various actions during the performance of your duties as a volunteer or private contractor.
The following are ways in which you can help:
• Know and enforce the rules regarding the sexual conduct of offenders.
• Be professional at all times.
• Make It clear that sexual activity is not acceptable.
• Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and:sexual
harassment as serious.
• Follow appropriate reporting procedures and assure that the alleged victim is separated.
from the alleged predator.
• Never advise an offender to use force to repel sexual advances.
Detection
All staff, including volunteers and private contractors, is responsible for reporting Immediately and
confidentially to.the appropriate supervisor any information that indicates an offender is being,or
has been,the victim of sexual violence, staff sexual misconduct, or sexual harassment.
After immediately reporting to the appropriate supervisor, you are required to document the
information you reported. You will be instructed by the supervisor regarding the appropriate form
to be used for documentation.
You will take necessary action(Le., give direction or press your alarm)to prevent further harm to
the victim.
I have read the information above and understand my responsibility to immediately report any
information that indicates anoffender is being, or has been, the victim of sexual violence, staff
sexual misconduct, or sexual harassment.
Volunteer/Contractor Name (Printed) Date Signed
Signature ofVolunteer/Contractor Current Assignment within Institution
Contact Telephone Number Supervisor in Current Assignment
Page 2 of 2
• V
ND
STATEOFCAUFORNIA OEPARTNENTON DMSI CNONS ADULT
FIREARM AND RANGE SAFETY REHABILITATION ROLEOPERATIONS
RULES ATTACHMENT
COCK 2201101MGI
FIREARM AND RANGE SAFETY RULES
Safety is PARAMOUNT]
It is the most important aspect o f firearms training and handling.
FIREARM SAFETY RULES
1. Treat ALL firearms as if they are loaded.
2. Never let your muzzle point at anything you are not willing to shoot or destroy.
3. Keep your finger indexed and off the trigger until you are on target and ready to fire.
4. Bey sure of your target, back stop, and beyond.
RANGE SAFETY RULES
1, Never stand on or near the firing line during shooting without wearing ear and eye protection.
2. Be sure there are no obstructions in the barrel of a firearm before loading.
3. Never fire ammunition that is damaged or of questionable condition.
4. Load your firearm ONLY when given the command to do so by the range master.
5. Keep the firearm pointed down range in the direction of your target at all times.
S. Do not violate range limits.
7. Pay strict attention to the range master,following all commands. DO NOT anticipate commands.
g. Absolutely no smoking, eating,drinking, ortalking on the firing line,Talk only to an instructor.
9. If you are unable to clear a malfunction, or need other assistance, raise your non-shooting hand and
wait for assistance from a range master.
-10. In the event of a "Squib" round, do not fire a succeeding round. Raise your non-shooting hand and
wait for assistance.
11.Dry firing is permissible ohl when given the command to do so by the range master.
12. Never go in front of the line of fire, or move off of the firing line untl the range master has:cleared the
firing line and the command is given to go forward.
13.Absolutely no running or horse playing while at the range.
14. No attire or.other items will be removed or discarded on the firing line— hats, coats, ammo boxes, etc.,
tripping hazard.
15. Do not pick up dropped equipmentlammo without permission from.a range master.
15. Never try to catch a dropped firearm.
17.:'Hot Brass": Maintain muzzle discipline, index your finger,,place the weapon on safe, holster your
weapon if you're able to. Notify range master it you require assistance.
18. Inform the range master of any medical condNon that will prevent you from safely participating in range
activities.
I, the undersigned, have read and fully understand each of the above-mentioned FIREARM AND RANGE
SAFETY RULES.. I also understand that severe or repeated violations of these FIREARM AND RANGE
SAFETY RULES will be grounds for removal from the firing line and the firearms training program.
IPRMT LASTNAME.FIRST NAME SIGNATURE aTE
T
(
NORTHERN
i 'xA lASSIGNEOUNIT _V PERSOHNIEL NUMBER
( THERN aN x = % c.,SC T;tl •' L�
ta:SOUTHERN }; `•,
CCC 04/2019
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s)listed below. This
certification is made under the laws of the State of California.
� ContractorlBidder Firm Name (Printed) Federal ID Number
By(Authorized Signature)
i Printed Name and Title.of Person Signing
i
1 Date Executed Executed in the County of
I I
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENTS OF COMMA ICE: Contractor has,unless exempted,complied with
the nondiscrimination program requirements.(Gov. Code§12990(a-f)and CCR,Title Z
Section 11102)(Not applicable to public entities,)
2. DRUG-FREE WORKPLACE REQUIREMENTS:Contractor will comply with the
requirements-ofthe Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
s.Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation,possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
.b. Establish a Drug.-Free Awareness Program to inform employees about:
1)the dangers of drug abuse in the workplace;
2)the person's-or organization's policy of maintaining a drug-free workplace;
3)any available counseling,mbabilitntion and employee assistance programs; and,
4)penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1)receive a copy of the company's drug-free workplace.policy statement;and,
Z) agree to abide by the terms of the company's statement as acondition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible-
for award of any future State agreements if the department determines that any of the
following has occurred:the Contractor has made false certification,or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code§8350 et
seq.)
3.NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one(1)final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediatelypreceding two-year
period because of Contractor's failure to comply with an order of a Federal court,which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §10296)(Not applicable to public entities.)
'A. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE-PRO BONO
REOUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 ofthe Business and Professions Code,effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro b000 legal services during each year of the contractequal to the lessor of 30
multiplied by the number offull time attorneys in the firm's offices in the State;with the
-number of hours prorated on an actual day basis for any contract period of less than a full
year or 10%of its contract with the Slate.
Failure to make a good:faith effort may be cause for non-renewal of a statecontract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1,_and is eligible to contract with the
-State of California.
6. SWEATFREE CODE OF CONDUCT:
a.All Contractors contracting for the procurement or laundering of apparel,garments or
corresponding accessories,or the procurement of equipment,materials,or supplies,other
than procurement related to a public works contract,declare under penalty of perjury that
no apparel,garments or corresponding accessoriesi equipment,materials,or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor,convict labor,indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor,or
with the benefit of sweatshop labor,forced labor, convict labor,indentured labor under
penal sanction,abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conducras set.forth on the California Department of Industrial
Relations website located at www nit ea.eev,and Public Contract Code Section 6108.
b.The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records,documents,'agents or employees,or premises if reasonably required
by authorized officials of the contracting agency,the Department of Industrial Relations,.
or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph(a).
7.DOMESTIC PARTNERS: For contracts of 9100,000 or more, Contractor certifies
that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of SI00,000 or more,Contractor certifies that
Contractor is in compliance with Public Contact Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1.CONFLICT OF INTEREST:Contractorneeds to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement,the awarding
agency must be contacted immediately for clarification.
Current State Employees(Pub. Contract Code§10410);
1),No officer or employee shall engage in any employment,activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency,unless the employment, activity or
enterprise is required as a condition of regular state employment.
2).No officer or-employee-shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the.
negotiations, transactions,planning,arrangements or anypart 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 herleaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void.(Pub.Contract Code§10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment ofeact meeting of the board or commission,payment for
preparatory time and payment for per diem. (Pub. Contract Code§10430(e))
2. LABOR CODEIWORKERS'COMPENSATION:.Contractor needs to be aware of the-
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions,and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement.(Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act(ADA)of 1990, which prohibits
discrimination on the basis of disability; as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 at seq.)
4. CONTRACTORNAME CHANGE:An amendment is required to change the
-
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval ofzaid amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA;
a. When agreements are to be performed in the state by corporations,the contracting
agencies will be verifying that the contractor is currently qualified to do business in
.California in order to ensure that all obligations due tothe state are fulfilled.
b. "Doing business' is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation,.rarely will a corporate contractor performing.
within the:state trot be subject to the franchise tar.
c.Both domestic and foreign corporations(those incorporated outside'of Calif imia)must
-be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by callingthe Office of the Secretary
of State.
6. RESOLUTION: A county,:city,district, or other local public body must provide the
State with a copy of a resolution,order,motion,or ordinance of the local governing body
which by law has.authority to enter into an agreement,authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION:Under the State laws,the Contractor
shall not be: (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 1 D01 of the Water
Code for violation of waste discharge requirements or discharge prohibitions;or(3)
finally determined to be in violation of provisions:of federal law relating to air or water
pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all.
contractors that me not another state agency or other governmental entity:
%W W
•°t ap`M S,
V 'N
° City Council Staff Report
C'OIIFO R�,P
DATE: December 19, 2019 CONSENT CALENDAR
SUBJECT: RANGE SERVICES AGREEMENT BETWEEN PALM SPRINGS POLICE
DEPARTMENT AND STATE OF CALIFORNIA, DEPARTMENT OF
CORRECTIONS AND REHABILITATION, 2019-2022
FROM: David H. Ready, City Manager
BY: Police Department
SUMMARY
It is recommended that the City Council approve an agreement between the Palm
Springs Police Department (PSPD) and the State of California — Department of
Corrections and Rehabilitation (CDCR) for Firing Range Services through June 2022.
RECOMMENDATION:
1. Approve a facilities use agreement with the State of California — Department of
Corrections and Rehabilitation to use the Palm Springs Police Department's firing
range, with an estimated $11,704 in revenue to the City, through June 30, 2022, and;
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
A contractual agreement between the Palm Springs Police Department and the State of
California — Department of Corrections and Rehabilitation is proposed to allow sworn
agents of CDCR, Division of Adult Parole Operations, Southern Region staff to utilize
the Palm Springs Police Department's firing range and associated resources (Palm
Springs Police Department Range Master, classrooms, safety equipment and storage
facilities) for monthly, quarterly and evening use, as needed, through June 30, 2020,
FISCAL IMPACT:
Revenue to the City of Palm Springs from this agreement will be approximately
$11,704.00. There will be no impact to the General Fund.
ITEM NO.D RT
IW
City Council Staff Report
December 19,2019 Page 2
Range Services Agreement
Bryan Reyes Je ey S. Ballinger
Chief of Police City Attorney
�avidH. dy, Esq:,
City Manager
Attachments:
1) CDCR Firing Range Services Agreement
2
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARDAGRE EM,EMT AGREEMENT NUMBER ]N(;AUTHQRITY NUMBER(IfApipllcabll
STD213j1Zev.03/26iqI C$609141
1',This Agreemen0s entered into.betwqan-the Contracting Agency and the Contractor named befoW:
CONTRACTING AGENCY NAME
CaOwla Department of Corrections and RdhabIlit6tIDn
CONTRACTOR NAME
O�.Y.of Palm Spriggs
2.The term cir.thls Agreement It
START DATE
Upon.'Approva(
THROUGH ENDLDA'!E
JUrte?30,2022
3,-The mEixiinurn airpount6flHis Agreement Is.
$11,704;00,Eleven Thousand Sdvdn HOrldred Four Dollars and Zere,Cents
4.The.partiesagree.to.complywi%the terms and condiffionsofthe follo4llng exhibits;Which are by this reference madea part6f Lhe.Agregrylent.
EXHIBITS TITLE PAGES
(xhlbit-A Scope of Work .2 pages
Exhibit B BudglPtOetall and Payment ProviMlans 2 pages
ExhlbftB-1 RateShaeti 1page
Fjchibli C* General Tcfrhs and Coholtioris .4 pages
Exhibit D Special Terms and Condidons for Public Entity JA pages
Exhibit E Prison R.spe.bm1pq6an.Po14-Volonteer/Contrador Infoirnational.5inget. 2 pages
AitachnieAtl (CDCR2281)Tihiann and.Rang8_Safety..Rules I page
ltemsshoWnWthan.b5tatf3k(')famherEtiyincorbpdbyrp�prmca�anTmadopartofthiso4re
.qfp amintailtatlachddhat6to.
Thesd6cutneriiscah
JIV WjjAfESS WIJERECIF,THISAGREEMEIVTHASBEENEXECUTE-UBY THE PARTIESHERE70-
CONTRACTOR
tONTWCTOk NAME(If other thadanindivib'ual,state vjhethdrac4.rpomtion,partmersbipiLtc.)
City of Palm Springs
CbNTRACTOROUSINESSADDRESS ciTy STATE ZIP
CA 92263
2743 E.T-ahqvlu Canyon Way Palm Springs:
PRINTED NAMEOrPERSON SIGNING
-David K Ready r City Manager
DATE SIGN
CONTRArMRAUTHORIZED SJPNATURE ED
APPROVED AS TO FOR
EST:
CITY ATTOA EY C1 erk C;
'I . L
APPROVED By CITY COUNCIL
Page 1 Of 2
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
SXANDARD.AGREEMENT AGREEMENT PURCHASING AUTHORITY IIfApplica6le)
StD213{ReV 0312010) C56D914`1
STATE OF cALIFORNIA
CONTRACTING AGENCY NAME
California.Deportmentof'Cbrractions and Rehabilitation
CONTRACTING AGENCY AD DRESS CITY STATE ZIP
983801dPlacerville Road,Suite 8=2 GA 95827
PRINTED NAME OFPERSON SIGNING TITLE
Terri Gibson SSlilll,(Staft Services Manager 1)
CONTRACTINGAGENCYAUTHORIZ.F,451GNATURE b'ATE#NED
(�l1v r1�c�'�p1
CAUFORNIADEPARTMENTOFGENERAL5EWCE&APPROVAL EXEMPTI NWApp6c4ble) dew
APPROVED
W 16 2020
OFFICE OF LEGAL SEER ICES
DEPT.OF GENERAL SERVICES
v
Page 2 of 2
city of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
Scope of Work
FIRING RANGE SERVICES
I. Introduction
The Contractor shall provide use of firing range facilities located at 200 South Civic Drive, Palm
Springs, CA 92262, to the California Department of Corrections and Rehabilitation (CDCR),
Division of Adult Parole Operations (DAPO), Southern Region staff.
In order to accommodate all agents, it is necessary to have access to monthly use of the firing
range when scheduled.
Regular Requalification: Parole Agents are required to re-qualify for regular shooting once per
quarter (151 qtr. July — September, 2nd qtr. October — December, 3rd qtr. January — March and 4th
qtr. April—June).
Night Firearms Requalification: Parole Agents are required to re-qualify for night shooting once
per year during the fourth quarter only (October, November and December).
II. Contractor Responsibilities
1. The range shall be available to DAPO for monthly, quarterly, and evening use, as needed.
The actual dates and times for use of the range shall be mutually agreed upon by the
DAPO Regional Training Coordinator and the Contractor's Chief Range Master.
2. The Contractor's "Firearm Safety Rules" (see Attachment 1) must be followed at all times
by all personnel using the Range facility. The Contractor's Range Master has final
authority on the Range for reasonable interpretation of those rules and reserves the right
to order any individual who repeatedly fails or refuses to abide by those rules to leave the
Range facility. Any further disputes or issues of this nature will be addressed between the
Contractor and the using agency with a goal of resolution for the mutual benefit of both
the Contractor and the agency.
3. The Contractor's range will accommodate a minimum of five (5) shooters at any one time
per shooting session. The facility will include telephone access for emergencies,
classrooms and restroom access. Contractor will make a good faith effort to
accommodate at least five (5) shooters on a first-come, first-serve basis at any one time;
however, said accommodation will be as scheduled, in advance.
4. The Contractor shall provide classrooms for firearm classes, tactical training and
demonstrations, conducted by DAPO Range Masters. Classroom usage shall be provided
at no charge to the State.
5. The Contractor will provide safety equipment such as hearing protection and safety
glasses. The DAPO may provide own safety equipment if desired, provided it meets
Contractor's specifications and approval.
6. The contractor shall provide storage facilities located within the range compound for
DAPO target equipment and other related equipment at no charge to the State.
Page 1 of 2
City of Palm Springs Police Department Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
Scope of Work
III. CDCR Responsibilities
1. Use of the facilities shall be limited to employees of the DAPO and authorized training
personnel. All employees using the range are subject to range safety rules (see
Attachment 1) established by the Contractor and orders of the Contractor while exercising
the privileges of this agreement.
2. DAPO will act as their own Range Masters/Firearms Instructor to run training qualification
shoots, and will provide all target materials and ammunition to be utilized or expended.
No exposed lead bullets will be allowed for use at the Contractor's indoor facility. Only
jacketed hollow point, total metal jacket or full metal jacketed bullets are authorized,
twelve (12) gauge shotgun lead pellets or slugs may be used.
IV. Monthly Use
1. The range will be available to DAPO, when scheduled from 8:OOam to 5:OOpm. If
additional dates are required, DAPO will give the Contractor written notice at least two (2)
weeks in advance of its intent to exclusively use the range specifying the dates and times
of use.
2. There will be an average of 10 to 15 shooters per session and the maximum of 45 to 50
shooters per month. During the months of October, November and December, DAPO will
anticipate night shooters on an average of 10 to 15 shooters per month.
V. Quarterly Weekend Use
1. If needed, the range will be available to DAPO one (1) weekend per quarter when
scheduled. During the weekend, the range will be available for two (2) sessions (Saturday
and Sunday, 8 hours per day).
VI. CDCR Contact Information
Should questions or problems arise during the term of this contract, the Contractor should contact
the following offices:
Billing/Payment Issues:
Headquarters Accounting Services
Phone Number: (916) 255-2042
FAX Number: (916) 445-2425
Scope of Service/Performance Issues:
Division of Adult Parole Operations (DAPO), Southern Region Headquarters
Phone Number: (909) 468-2300 Ext 236
Fax Number: (909) 468-2310
General Contract Issues:
Office of Business Services
Phone Number: (916) 255-6429, FAX Number: (916) 255-6187
2 of 2
City of Palm Springs Agreement Number C5609141
California Department of Corrections And Rehabilitation (CDCR) Exhibit B
Budget Details and Payment Provisions
1. Invoicing and Payment
a. For services satisfactorily rendered, and upon receipt and approval of Contractor's
invoices, the State agrees to compensate the Contractor in accordance with the
rates specified herein on Exhibit B-1 Rate Sheet, and made a part of this
Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this
Agreement and shall include every item of expense, direct and indirect, including
taxes incidental to the specified rates.
b. Invoices shall include the Agreement Number, Purchase Order Number and shall
be submitted in triplicate not more frequently than monthly in arrears to the address
provided below.
c. The Contractor also has the option to submit their invoices electronically to the
appropriate email address listed below. The Contractor must use the name on the
Agreement and the Agreement Number on the subject line of the email. The email
must include an attached PDF file of the invoice, in accordance with the information
above, and must reference the institution acronym and invoice number. Separate
emails shall be sent for contracts with more than one participating institution,
facility, office and/or site with the invoice information as stated above.
California Department of Corrections and Rehabilitation (CDCR)
ASB - Sacramento
Attention: Accounts Payable A
P.O. Box 187015
Sacramento, CA 95818-7015
For electronic submission, send invoices to:
APAContractinvoice(@cdcr.ca.gov
2. Budget Contingency Clause
a. It is mutually agreed that if the California State Budget Act for the current fiscal
year and/or any subsequent fiscal years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall be of no further
force and effect. In this event, the State shall have no liability to pay any funds
whatsoever to Contractor, or to furnish any other considerations under this
Agreement, and Contractor shall not be obligated to perform any provisions of this
Agreement.
b. If funding for the purposes of this program is reduced or deleted for any fiscal year
by the California State Budget Act, the State shall have the option to either cancel
this Agreement with no liability occurring to the State, or offer an Agreement
amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be.made in accordance,with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses
shall be made in accordance with and within the time specified in Chapter4.5, Government
Code 927 et seq.
Page 1 of 2
City of Palm Springs Agreement Number C5609141
California Department of Corrections And Rehabilitation (CDCR) Exhibit B
Budget Details and Payment Provisions
4. Subcontractors
Nothing contained in this Agreement, or otherwise, shall create any contractual relation
between the State and any subcontractors, and no subcontract shall relieve the Contractor
of Contractor's responsibilities and obligations hereunder. The Contractor agrees to be
as fully responsible to the State for the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by any of them as it is for the acts and
omissions of persons directly employed by the Contractor. The Contractor's obligation to
pay its subcontractors is an independent obligation from the State's obligation to make
payments to the Contractor. As a result, the State shall have no obligation to pay or to
enforce the payment of any moneys to any subcontractor.
5. Advanced Payment for Non-Profit Organizations
Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR,
the Contractor may request an advance payment for the fiscal year(s) covered by this
agreement, which shall not exceed twenty five percent (25%) of the annual budget for
each fiscal year. The CDCR will review and determine the need for an advance payment
using the criteria contained in the department's procedures for advance payments to
Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth
(1/12) of the advance payment each month by the reduction of monthly invoices submitted
for payment by the Contractor in accordance with the project budget amount for each fiscal
year of the agreement.
6. City/County Rate Increase
It is understood that the city/county may regulate some or all of the Contractor's rates for
services. In the event the city/county increases the rates that directly affect the services
provided in this Agreement, the Contractor may, once during the term of the Agreement,
request from the State an increase in the rates stated in this Agreement. The Contractor
must submit a written request to the State with a copy of the resolution from the city/county
listing the prior rates and new rates and effective date of the new rates.
Page 2 of 2
City of Palm Springs Police Department Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit B-1
Rate Sheet
Firing Range Services
FISCAL YEAR 19120: Upon Approval 2019 through JUNE 30, 2020
Description Rate Per X Est. No. of Sessions = Total
Session
Regular and Night $ 133.00 24 = $ 3,192.00
Requalification X
FISCAL YEAR 20121: JULY 1, 2020 through JUNE 30, 2021
Description Rate Per X Est. No. of Sessions = Total
Session
Regular and Night $ 133.00 32 = $ 4,256.00
Requalification X
FISCAL YEAR 21/22: JULY 1, 2021 through JUNE 30, 2022
Description Rate Per X Est. No. of Sessions = Total
Session
Regular and Night $ 133.00 32 = $4,256.00
Requalification X
TOTAL CONTRACT AMOUNT =
$11, 704.00
Note:
The Contractor shall provide storage facilities located within the range compound for
DAPO target equipment and other related equipment at no additional charge to the State.
1
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
1. Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of
Exhibit C)
As a condition precedent to Contractor's right to institute and pursue litigation or other legally
available dispute resolution process, if any, Contractor agrees that all disputes and/or claims
of Contractor arising under or related to the Agreement shall be resolved pursuant to the
following processes. Contractor's failure to comply with said dispute resolution procedures
shall constitute a failure to exhaust administrative remedies.
Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently
proceed with the performance of the Agreement, including the delivering of goods or providing
of services. Contractor's failure to diligently proceed shall constitute a material breach of the
Agreement.
The Agreement shall be interpreted, administered, and enforced according to the laws of the
State of California. The parties agree that any suit brought hereunder shall have venue in
Sacramento, California, the parties hereby waiving any claim or defense that such venue is
not convenient or proper.
A county, city, district or other local public body, state board or state commission, another
state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any,
through a meeting of representatives from the entities affected. If the dispute cannot be
resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute
litigation or other dispute resolution process, if any, available under the laws of the State of
California.
2. Confidentiality of Data
All financial, statistical, personal, technical and other data and information relating to State's
operation, which are designated confidential by the State and made available to carry out this
Agreement, or which become available to the Contractor in order to carry out'this Agreement,
shall be protected by the Contractor from unauthorized use and disclosure.
If the methods and procedures employed by the Contractor for the protection of the
Contractor's data and information are deemed by the State to be adequate for the protection
of the State's confidential information, such methods and procedures may be used with the
written consent of the State. The Contractor shall not be required under the provisions of this
paragraph to keep confidential any data already rightfully in the Contractor's possession that
is independently developed by the Contractor outside the scope of the Agreement or is
rightfully obtained from third parties.
No reports, information, inventions, improvements, discoveries, or data obtained, repaired,
assembled, or developed by the Contractor pursuant to this Agreement shall be released,
published, or made available to any person (except to the State)without prior written approval
from the State.
Contractor, by acceptance of this Agreement is subject to all of the requirements of California
Government Code Section 11019.9 and California Civil Code Sections 1798, et seq.,
regarding the collection, maintenance, and disclosure of personal and confidential information
about individuals.
Page 1 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
3. Accounting Principles
The Contractor will adhere to generally accepted accounting principles as outlined by the
American Institute of Certified Public Accountants. Dual compensation is not allowed; a
contractor cannot receive simultaneous compensation from two or more funding sources for
the same services performed even though both funding sources could benefit.
4. Taxes
Unless required by law, the State of California is exempt from federal excise taxes.
5. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C)
The parties hereto agree that either party may cancel this Agreement by giving the other party
written notice thirty (30) days in advance of the effective date of such cancellation. In the
event of such termination, the State agrees to pay Contractor for actual services rendered up
to and including the date of termination.
The State may terminate this Agreement and be relieved of any payments should the
Contractor fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination the State may proceed with the work in any
manner deemed proper by the State. All costs to the State shall be deducted from any sum
due the Contractor under this Agreement and the balance, if any, shall be paid to the
Contractor upon demand.
6. Contract Suspension
Notwithstanding any other provisions of this Agreement, pursuant to a Governor's Executive
Order or equivalent directive, such as a court order or an order from a federal or state
regulatory agency, mandating the suspension of state contracts, the State may issue a
Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive
and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all
performance under the Agreement(s) must stop immediately upon receipt of the
Notice. During the period of contract suspension, Contractor is not entitled to any payment
for the suspended work. Once the order suspending state contracts has been lifted, a formal
letter from the Department will be issued to the Contractor to resume work.
7. Extension of Term
If it is determined to be in the best interest of the State, this Agreement may be amended to
extend the term at the rates agreed upon by CDCR and the Contractor.
8. Contractor Employee Misconduct
During the performance of this Agreement, it shall be the responsibility of the Contractor
whenever there is an incident of use of force or allegation(s) of employee misconduct
associated with and directly impacting inmate and/or parolee rights, to immediately notify the
CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR
with all relevant information pertaining to the incident(s).
Page 2 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
All relevant information includes, but is not limited to: a) investigative reports; b) access to
inmates/parolees and the associated staff; c) access to employee personnel records; d) that
information reasonably necessary to assure CDCR that inmates and/or parolees are not or
have not been deprived of any legal rights as required by law, regulation, policy and
procedures; and e) written evidence that the Contractor has taken such remedial action, in
the event of unnecessary or excessive force, or employee misconduct with inmates and/or
parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the
information provided by the Contractor fails to so assure CDCR, CDCR may require that any
implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or
parolees at the facility and access to inmate and/or parolee records. Notwithstanding the
foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to
conduct an independent investigation of any incident(s). Furthermore, it is the responsibility
of the Contractor to include the foregoing terms within any and all subcontracts, requiring that
subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility
and staff, including review of subcontractor employee personnel records, as a condition of the
Agreement.
9. Subcontracting
Services provided are to be performed primarily with the staff of the public entity or, in the
case of educational institutions, auxiliaries or foundations, by the faculty, staff or students
associated with the particular institution. Agreements are not to be used by state agencies to
circumvent the competitive bidding requirements of Public Contract Code Section 10340.
If more that twenty-five (25) percent of the total contract amount or $50,000.00, whichever is
less, is subcontracted, non-competitive bid approval must be obtained from the Secretary of
CDCR and the Department of General Services prior to the commencement of services,
unless the subcontract was competitively bid or the subcontractor(s) also qualifies as a state
agency, governmental agency, or joint power.
10. Subcontractor/Consultant Information
Contractor is required to identify all subcontractors and consultants who will perform labor or
render services in the performance of this Agreement. Additionally, the Contractor shall notify
the Department of Corrections and Rehabilitation, Office of Business Services, in writing,
within ten (10) working days, of any changes to the subcontractor and/or consultant
information.
11. Liability for Nonconforming Work
The Contractor will be fully responsible for ensuring that the completed work conforms to the
agreed upon terms. If nonconformity is discovered prior to the Contractor's deadline, the
Contractor will be given a reasonable opportunity to cure the nonconformity. If the
nonconformity is discovered after the deadline for the completion of the project, CDCR, in its
sole discretion, may use any reasonable means to cure the nonconformity. The Contractor
shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such
defects.
Page 3 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
12. Temporary Nonperformance
If, because of mechanical failure or for any other reason, the Contractor shall be temporarily
unable to perform the work as required, the State, during the period of the Contractor's inability
to perform, reserves the right to accomplish the work by other means and shall be reimbursed
by the Contractor for any additional costs above the Agreement price.
13. Contract Violations
The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision
of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC
Sections 10420 through 10425.
14. Employment of Ex-Offenders
Contractor cannot and will not either directly, or on a subcontract basis, employ in connection
with this Agreement:
a. Ex-Offenders on active parole or probation, who have been on active parole or probation
during the last three years preceding their employment;
1. Contractor shall only employ ex-offenders who can provide written evidence of having
satisfactorily completed parole or probation, and who have remained off parole or
probation, and have had no arrests or convictions within the past three years.
b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting escape;
battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal
Code Sections 4570-4574 (unauthorized Communications with Prisons and Prisoners
Offenses).
c. Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section
290.
d. Any ex-offender who has an offense history involving a "violent felony" as defined in
subparagraph (c) of Penal Code Sectidn 667.5; or
e. Any ex-offender in a position which provides direct supervision of parolees.
An ex-offender whose assigned duties involve administrative or policy decision-making,
accounting, procurement, cashiering, auditing, or any other business-related administrative
function shall be fully bonded to cover any potential loss to the State or contractor. Evidence
of such bond shall be supplied to CDCR prior to.employment of the ex-offender.
15. Conflict of Interest
The Contractor and their employees shall abide by the provisions of Government Code (GC)
Sections 1090, 81000 et seq., 82000 et seq., 87100 .et seq., and 87300 et seq., Public
Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of
Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the
Department Operations Manual (DOM) Section 31100 at seq. regarding conflicts of interest.
Page 4 of 14.
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
a. Contractors and Their Employees
Consultant contractors shall file a Statement of Economic Interests, Fair Political Practices
Commission (FPPC) Form 700 prior to commencing services under the Agreement,
annually during the life of the Agreement, and within thirty (30) days after the expiration of
the Agreement. Other service contractors and/or certain of their employees may be
required to file a Form 700 if so requested by the CDCR or whenever it appears that a
conflict of interest may be at issue. Generally, service contractors (other than consultant
contractors required to file as above) and their employees shall be required to file an FPPC
Form 700 if one of the following exists:
(1) The Agreement service has been identified by the CDCR as one where there is a
greater likelihood that a conflict of interest may occur;
(2) The Contractor and/or Contractor's employee(s), pursuant to the Agreement, makes
or influences a governmental decision; or
(3) The Contractor and/or Contractor's employee(s) serves in a staff capacity with the
CDCR and in that capacity participates in making a governmental decision or performs
the same or substantially all the same duties for the CDCR that would otherwise be
performed by an individual holding a position specified in the CDCR's Conflict of
Interest Code.
b. Current State Employees
(1) No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
(2) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
(3) In addition to the above, CDCR officials and employees shall also avoid actions
resulting in or creating an appearance of:
(a) Using an official position for private gain;
(b) Giving preferential treatment to any particular person;
(c) Losing independence or impartiality;
(d) Making a decision outside of official channels; and
(e) Affecting adversely the confidence of the public or local officials in the integrity of
the program.
(4) Officers and employees of the Department must not solicit, accept or receive, directly
or indirectly, any fee, commission, gratuity or gift from any person or business
organization doing or seeking to do business with the State.
c. Former State Employees
(1) For the two year (2-year) period from the date he or she left state employment, no
former state officer or employee may enter into an Agreement in which he or she
engaged in any of the negotiations, transactions, planning, arrangements or any part
of the decision-making process relevant to the Agreement while employed in any
capacity by any state agency.
(2) For the twelve-month (1 2-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.
Page 5 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms-and Conditions for Public Entity Agreements
In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with
respect to any financial dealings, employment services, or opportunities offered to inmates or
parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either
directly or indirectly through an affiliated company, person or business unless specifically
authorized in writing by CDCR. In addition, the Contractor shall not (either directly, or
indirectly through an affiliated company, person or business) engage in financial dealings with
inmates or parolees, except to the extent that such financial dealings create no actual or
potential conflict of interest, are available on the same terms to the general public, and have
been approved in advance in writing by CDCR. For the purposes of this paragraph, "affiliated
company, person or business" means any company, business, corporation, nonprofit
corporation, partnership, limited partnership, sole proprietorship, or other person or business
entity of any kind which has any ownership or control interest whatsoever in the Contractor,
or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage)
by the Contractor or by the Contractor's owners, officers, principals, directors and/or
shareholders, either directly or indirectly. "Affiliated companies, persons or businesses"
include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any
company, corporation, nonprofit corporation, partnership, limited partnership, sole
proprietorship, or other person or business entity of any kind that is wholly or partially owned
or controlled, either directly or indirectly, by the Contractor or by the Contractor's owners,
officers, principals, directors and/or shareholders.
The Contractor shall have a continuing duty to disclose to the State, in writing, all interests
and activities that create an actual or potential conflict of interest in performance of the
Agreement.
The Contractor shall have a continuing duty to keep the State timely and fully apprised in
writing of any material changes in the Contractor's business structure and/or status. This
includes any changes in business form, such as a change from sole proprietorship or
partnership into a corporation or vice-versa; any changes in company ownership; any
dissolution of the business; any change of the name of the business; any filing in bankruptcy;
any revocation of corporate status by the Secretary of State; and any other material changes
in the Contractor's business status or structure that could affect the performance of the
Contractor's duties under the Agreement.
If the Contractor violates any provision of the above paragraphs, such action by the Contractor
shall render this Agreement void.
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment for each meeting of the board or commission, payment for
preparatory time and payment for per diem.
16. Travel
Contractor's rates shall include all travel expenses required to perform services in accordance
with this contract.
Page 6 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
17. Notification of Personnel Changes
Contractor must notify the State, in writing, of any changes of those personnel allowed access
to State premises for the purpose of providing services under this Agreement. In addition,
Contractor must recover and return any State-issued identification card provided to
Contractor's employee(s) upon their departure or termination.
18. Security Clearance/Fingerprinting
The State reserves the right to conduct fingerprinting and/or security clearance—through the
Department of Justice, Bureau of.Criminal Identification and Information (BCII)—prior to
award and at any time during the term of the Agreement, in order to permit Contractor(and/or
Contractor employee) access to State premises. The State further reserves the right to
terminate the Agreement should a threat to security be determined.
19. Computer Software
Contractor certifies that it has appropriate systems and controls in place to ensure that state
funds will not be used in the performance of this Agreement for the acquisition, operation or
maintenance of computer software in violation of copyright laws.
20. Expendable Equipment
Expendable equipment is defined as expendable items which change with use and have a
unit acquisition cost of less than $5,000 per unit (i.e. fax machines, computers, printers, etc.).
Title to any expendable equipment purchased or built with State funds as part of this
agreement will vest in the State. The Contractor must retain a listing of expendable equipment
purchases that are considered "theft-sensitive" items, such as cameras, calculators, two-way
radios, computer equipment, etc., for audit purposes. Upon completion or termination of the
agreement, Contractors are required to leave all expendable equipment for use by
subsequent contractors or for the State to dispose of accordingly. The State may authorize
the continued use of such equipment for work to be performed under a different agreement.
The cost of expendable equipment purchased should be comparable to the prevailing price
for similar items in the surrounding area.
21. Electronic Waste Recycling
The Contractor certifies that it complies with the requirements of the Electronic Waste
Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of
the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain
documentation and provide reasonable access to its records and documents that evidence
compliance.
22. Liability for Loss and Damages
Any damages by the Contractor to the State's facility including equipment, furniture, materials
or other State property, will be repaired or replaced by the Contractor to the satisfaction of the
State at no cost to the State. The State may, at its option, repair any such damage and deduct
the cost thereof from any sum due Contractor under this Agreement.
Page 7 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
23. Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for injuries
inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor
any statement(s) known made by any inmate or parolee which indicate violence may result in
any specific situation, and the same responsibility will be shared by the Contractor in
disclosing such statement(s) to the State.
24. Workers' Compensation
Contractor hereby represents and warrants that Contractor is currently and shall, for the
duration of this agreement, carry workers' compensation insurance, at Contractor's expense,
or that it is self-insured through a policy acceptable to CDCR, for all of its employees who will
be engaged in the performance of this agreement. Such coverage will be a condition of
CDCR's obligation to pay for services provided under this agreement.
Prior to approval of this agreement and before performing any work, Contractor shall furnish
to the State evidence of valid workers' compensation coverage. Contractor agrees that the
workers' compensation insurance shall be in effect at all times during the term of this
agreement. In the event said insurance coverage expires or is canceled at any time during
the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to
CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage
shall not be for less than the remainder of the term of the agreement or for a period of not less
than one year. The State reserves the right to verify the Contractor's evidence of coverage.
In the event the Contractor fails to keep workers' compensation insurance coverage in effect
at all times, the State reserves the right to terminate this agreement and seek any other
remedies afforded by the laws of this State.
Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents
and employees from any and all of Contractor's workers' compensation claims and losses by
Contractor's officers, agents and employees related to the performance of this agreement.
25. Mutual Hold Harmless
Contractor agrees, to the fullest extent permitted by law, to hold harmless, defend and
indemnify the State, its officers, agents and employees 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 the Contractor or anyone for whom Contractor is legally responsible.
The State agrees, to the fullest extent permitted by law and subject to the availability of funds
to hold harmless, defend and indemnify the Contractor, 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
as allowed by law.
26. Insurance Requirements
Insurance as required herein shall be a condition of the State's obligation to pay for services
provided under this Agreement. Prior to approval of this Agreement and before performing
any work, Contractor and any subcontractor shall furnish to the State evidence of valid
Page 8 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
coverage. The following shall be considered evidence of coverage: A certificate of insurance,
a "true and certified" copy of the policy, or any other proof of coverage issued by Contractor's
insurance carrier. Binders are not acceptable as evidence of coverage. Providing evidence
of coverage to the State conveys no rights or privileges to the State, nor does it insure any
State employee or insure any premises owned, leased, used by or otherwise or under the
control of the State. It does, however, serve to provide the State with proof that the Contractor
and any subcontractors are insured at the minimum levels required by the State of California.
Contractor agrees that any liability insurance required in the performance of this Agreement
shall be in effect at all times during the term of this Agreement. In the event said insurance
coverage expires or is canceled during the term of this Agreement, Contractor shall provide
the State within five (5) business days of receipt by contractor a copy of any notice of
cancellation or non-renewal of insurance required by the contract. Evidence of coverage
required in the performance of this Agreement shall not be for less than the remainder of the
term of this Agreement or for a period of not less than one year. The State and the Department
of General Services (DGS) reserve the right to verify the Contractor's evidence of coverage;
evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails
to keep insurance coverage as required herein in effect at all times, the State reserves the
right to terminate this Agreement and to seek any other remedies afforded by the laws of the
State of California.
Contractor hereby represents and warrants they (and any subcontractors) are currently and
shall for the duration of this Agreement be insured. Contractor shall provide proof of self-
insurance against:
Commercial General Liability — Provider agrees to carry a minimum of $1,000,000 per
occurrence for bodily injury and property damage.liability combined.
27. Tuberculosis (TB) Testing
In the event that the services required under this Agreement will be performed within a CDCR
institution/parole office/community-based program, Contractors and their employees who are
assigned to work with, near, or around inmates/parolees shall be required to be examined and
tested or medically evaluated by a licensed healthcare provider for TB in an infectious or
contagious stage prior to the performance of contracted duties, and at least once a year
thereafter (within 12 months of their initial or previous TB test under this contract), or more
often as directed by CDCR.
Contractors and their employees who have any contact (physical or nonphysical) with
inmates/parolees, shall be required to furnish to the CDCR Program/Institution Contract
Manager, at no cost to CDCR, a documented Tuberculosis (TB) evaluation/test for TB
infection (Tuberculin Skin Test(TST) or a blood test Interferon Gamma Release Assay(IGRA)
completed within (30) thirty days of the start date of the services and be certified to be free of
TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming
their contracted duties and annually thereafter.
Page 9of14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
The following provisions apply to services provided on departmental and/or institution
grounds:
28. Blood borne Pathogens
Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA)
regulations and guidelines pertaining to blood borne pathogens.
29. Primary Laws, Rules, and Regulations Regarding Conduct and Association with State
Prison Inmates and Division of Juvenile Justice Wards
Individuals who are not employees of the California Department of Corrections and
Rehabilitation (CDCR), but who are working in and around inmates who are incarcerated, or
wards who are housed within California's institutions/facilities or camps, are to be apprised of
the laws, rules and regulations governing conduct in associating with prison inmates or wards.
The following is a summation of pertinent information when non-departmental employees
come in contact with prison inmates or wards.
By signing this contract, the Contractor agrees that if the provisions of the contract require the
Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or
subcontractor(s) shall be made aware of and shall abide by the following laws, rules and
regulations governing conduct in associating with prison inmates or wards:
a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility
or camp must observe and abide by all laws, rules and regulations governing the conduct
of their behavior in associating with prison inmates or wards. Failure to comply with these
guidelines may lead to expulsion from CDCR institutions/facilities or camps.
SOURCE: . California Penal Code (PC) Sections 5054 and 5058; California Code of
Regulations (CCR), Title 15, Sections 3285 and 3415, and California Welfare and
Institutions Code (WIC) Section 1712.
b. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO
HOSTAGE" policy and all prison inmates, wards, visitors, and employees shall be made
aware of this.
SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and 4603; WIC
Section 1712.
c. All persons entering onto institution/facility or camp grounds consent to search of their
person, property or vehicle at any time. Refusal by individuals to submit to a search of
their person, property, or vehicle may be cause for denial of access to the premises.
SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177,
3288, 4696, and 4697: WIC 1712.
d. Persons normally permitted to enter an institution/facility or camp may be barred, for
cause, by the CDCR Director, Warden, and/or Regional Parole Administrator.
SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176 (a) and 4696;
WIC Section 1712.
Page 10 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
e. It is illegal for an individual who has been previously convicted of a felony offense to enter
into CDCR adult institutions/facilities or camps, or youth institutions/facilities or camps in
the nighttime, without the prior approval of the Warden or officer in charge. It is also illegal
for an individual to enter onto these premises for unauthorized purposes or to refuse to
leave said premises when requested to do so. Failure to comply with this provision could
lead to prosecution.
SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and
3289; WIC Section 1001.7.
f. Encouraging and/or assisting prison inmates to escape, is a crime. It is illegal to bring
firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR
institutions/facilities or camp premises. It is illegal to give prison inmates or wards
firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia,
including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices,
and written materials and pictures whose sale is prohibited to minors.
SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and
4574; WIC Section 1152, CRR, Title 15, sections 4681 and 4710; WIC Section 1.001.5.
g. It is illegal to give or take letters from inmates or wards without the authorization of the
Warden or officer in charge. It is also illegal to give or receive any type of gift and/or
gratuities from prison inmates or wards.
SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399,
3401, 3424, 3425 and 4045; WIC Section 1712.
h. In an emergency situation the visiting program and other program activities may be
suspended.
SOURCE: PC Section 2601; CCR, Title 15, Section 3383, 4002.5 and 4696.
i. For security reasons, visitors must not wear clothing that in any way resembles state
issued prison inmate or ward clothing (blue denim shirts, blue denim pants).
SOURCE: CCR, Title 15, Section 3174 (b) (1) and 4696.
j. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to
circumvent policy and/or regulations constitutes a rule violation that may result in
appropriate legal action. Interviews with individual wards are permitted with written
consent of each ward if he is 18 years of age or older, or with written consent of a parent,
legal guardian, or committing court, if 17 years of age or younger.
SOURCE: CCR, Title 15, Sections 3261.5, 3315 (a) (3) (X), and 3177 and 4700(a)(1).
30. Clothing Restrictions
While on institution grounds, Contractor and all its agents, employees, and/or representatives
shall be professionally and appropriately dressed in clothing distinct from that worn by inmates
at the institution. Specifically, blue denim pants and blue chambray shirts,
Page 11 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto
institution grounds, as this is inmate attire. Contractor should contact the institution regarding
clothing restrictions prior to requiring access to the institution to assure the Contractor and
their employees are in compliance.
31. Tobacco-Free Environment
Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the
grounds of any institution or facility under the jurisdiction of the Department of Corrections and
Rehabilitation is prohibited.
32. Prison Rape Elimination Policy
CDCR maintains a zero tolerance for sexual misconduct in its institutions, community
correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual
misconduct is strictly prohibited.
CDCR is committed to providing a safe, humane, secure environment, free from sexual.
misconduct. This will be accomplished by maintaining a program to ensure
education/prevention, detection, response, investigation and tracking of sexual misconduct
and to address successful community re-entry of the victim.
All Contractors and their employees are expected to ensure compliance with this policy as
described in Department Operations Manual, Chapter 5, Article 44.
If you are providing services for the confinement of our inmates, you and your staff are
required to adopt and comply with the PREA standards, 28 Code of Federal
Regulations (CFR) Part 115 and with CDCR's Department Operations Manual, Chapter 5,
Article 44, including updates to this policy. This will include CDCR staff and outside audit
personnel (who also conduct PREA audits of state prisons) conducting audits to ensure
compliance with the standards.
As a Contractor with CDCR, you shall not assign an employee to a CDCR facility or assign
an employee to duties if that employee will have contact with CDCR inmates, if that employee
has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of
engaging or attempting to engage in sexual activity in the community facilitated by force, overt
or implied threats of force, or coercion, or if the victim did not consent or was unable to consent
or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity
described in this section.
The Contractor shall conduct a criminal background records check for each contract employee
who will have contact with CDCR inmates and retain the results for audit purposes. By signing
this contract the Contractor agrees to ensure that all of the mandates of this Section 5: Prison
Rape Elimination Policy are complied with. Material omissions, by the contract employee,
regarding such misconduct or the provision of materially false information, shall be grounds
for removal from institutional grounds.
Contract employees, who have contact with inmates, shall be provided training via the Exhibit
titled; "PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational Sheet" to
learn their responsibilities under the agency's sexual abuse and sexual harassment
Page 12 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
prevention, detection, and response policies and procedures. A copy of this signed
informational sheet will be provided to the institution before a contract employee may have
contact with inmates.
Any contract employee who appears to have engaged in sexual misconduct of an inmate shall
be prohibited from contact with inmates and shall be subject to administrative and/or criminal
investigation. Referral shall be made to the District Attorney unless the activity was clearly
not criminal. Reportable information shall be sent to relevant licensing bodies.
33. Security Regulations
a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the
Contractor, Contractor's employees and subcontractors shall enter the institution through
the main entrance gate and park private and nonessential vehicles in the designated
visitor's parking lot. Contractor, Contractor's employees and subcontractors shall remove
the keys from the ignition when outside the vehicle and all unattended vehicles shall be
locked and secured while on institution grounds.
b. Any State- and Contractor-owned equipment used by the Contractor for the provision of
contract services, shall be rendered temporarily inoperative by the Contractor when not in
use, by locking or other means unless specified otherwise.
c. In order to maintain institution safety and security, periodic fire prevention inspections and
site searches may become necessary and Contractor must furnish keys to institutional
authorities to access all locked areas on the worksite. The State shall in no way be
responsible for Contractor's loss due to fire.
d. Due to security procedures, the Contractor, Contractor's employees and subcontractors
may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time
checking in and out of the institution gates and sally ports shall be borne by the Contractor.
e. Contractor, Contractor's employees and subcontractors shall observe all security rules
and regulations and comply with all instructions given by institutional authorities.
f. Electronic and communicative devices such as pagers, cell phones and
cameras/microcameras are not permitted on institution grounds.
g. Contractor, Contractor's employees and subcontractors shall not cause undue
interference with the operations of the institution.
h. No picketing is allowed on State property.
Page 13 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
34. Gate Clearance
Contractor and Contractor's employee(s) and/or subcontractor(s) must be cleared prior to
providing services. The Contractor will be required to complete a Request for Gate Clearance
for all persons entering the facility a minimum of ten (10)working days prior to commencement
of service. The Request for Gate Clearance must include the person's name, social security
number, valid state driver's license number or state identification card number and date of
birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses
the Request for Gate Clearance to run a California Law Enforcement Telecommunications
System (CLETS) check. The check will include Department of Motor Vehicles check, Wants
and Warrants check, and Criminal History check.
Gate clearance may be denied for the following reasons: Individual's presence .in the
institution presents a serious threat to security, individual has been charged with a serious
crime committed on institution property, inadequate information is available to establish
positive identity of prospective individual, and/or individual has deliberately falsified his/her
identity.
All persons entering the facilities must have a valid state driver's license or photo identification
card on their person.
Page 14 of 14
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit E
Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
PRISON RAPE ELIMINATION POLICY
Volunteer/Contractor Informational Sheet
The Prison Rape Elimination Policy for the California Department of Corrections and
Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private
contractor who has contact with CDCR offenders, it is your responsibility to do what you can,
within the parameters of your current assignment, to reduce incidents of sexual violence, staff
sexual misconduct, and sexual harassment and to report information appropriately when they are
reported to you or when you observe such an incident.
Historical Information
Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination Act
(PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005,
and most recently the United States, Department of Justice Final Rule; National Standards of
2012 to help prevent, detect and respond to sexual violence, staff sexual misconduct and sexual
harassment behind bars. It is important that we, as professionals, understand all aspects of these
laws and our responsibilities to help prevent, detect, and respond to instances by offenders and
staff.
The CDCR policy is found in Department Operations Manual (DOM), Chapter 5,Article 44. PREA
addresses five types of sexual offenses. Sexual violence committed by offenders will encompass:
Abusive Sexual Contact, Nonconsensual Sex Acts, or Sexual Harassment by an Offender
(towards an offender). The two remaining types of sexual offenses covered by PREA are Staff
Sexual Misconduct and Staff Sexual Harassment (towards an offender).
CDCR's policy provides for the following:
• CDCR is committed to continuing to provide a safe, humane, secure environment, free from
offender on offender sexual violence, staff sexual misconduct, and sexual harassment.
• CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual
harassment in its institutions, community correctional facilities, conservation camps, and for
all offenders under its jurisdiction.
• All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited.
• This policy applies to all offenders and persons employed by the CDCR, including volunteers
and independent contractors assigned to an institution, community correctional facility,
conservation camp, or parole.
Retaliatory measures against employees or offenders who report incidents of sexual violence,
staff sexual misconduct, or sexual harassment as well as retaliatory measures taken against
those who cooperate with investigations shall not be tolerated and shall result in disciplinary action
and/or criminal prosecution.
Retaliatory measures include, but are not limited to:
• Coercion.
• Threats of punishment.
• Any other activities intended to discourage or prevent staff or offenders from reporting
incident(s).
Page 1 of 2
City of Palm Springs Agreement Number C5609141
California Department of Corrections and Rehabilitation (CDCR) Exhibit E
Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet
Professional Behavior
Staff, including volunteers and private contractors are expected to act in a professional manner
while on the grounds of a CDCR institution and while interacting with other staff and offenders.
Key elements of professional behavior include:
• Treating everyone, staff and offenders alike, with respect
• Speaking without judging, blaming, or being demeaning
• Listening to others with an objective ear and trying to understand their point of view
• Avoiding gossip, name calling, and what may be perceived as offensive or"off-color" humor
• Taking responsibility for your own behavior
Preventative Measures
You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking
various actions during the performance of your duties as a volunteer or private contractor.
The following are ways in which you can help:
• Know and enforce the rules regarding the sexual conduct of offenders.
• Be professional at all times.
• Make it clear that sexual activity is not acceptable.
• Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and sexual
harassment as serious.
• Follow appropriate reporting procedures and assure that the alleged victim is separated
from the alleged predator.
• Never advise an offender to use force to repel sexual advances.
Detection
All staff, including volunteers and private contractors, is responsible for reporting immediately and
confidentially to the appropriate supervisor any information that indicates an offender is being, or
has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.
After immediately reporting to the appropriate supervisor, you are required to document the
information you reported. You will be instructed by the supervisor regarding the appropriate form
to be used for documentation.
You will take necessary action (i.e., give direction or press your alarm) to prevent further harm to
the victim.
I have read the information above and understand my responsibility to immediately report any
information that indicates an offender is being, or has been, the victim of sexual violence, staff
sexual misconduct, or sexual harassment.
Volunteer/Contractor Name (Printed) Date Signed
Signature of Volunteer/Contractor Current Assignment within Institution
Contact Telephone Number Supervisor in Current Assignment
Page 2 of 2
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND
FIREARM AND RANGE SAFETY REHABILITATION DIVISIONER ADULT
ATIONS
RULES PAROLEATTACHMENT
CDCR 2281(07116)
FIREARM AND RANGE SAFETY RULES
Safety is PARAMOUNT! .
It is the most important aspect of firearms training and handling.
FIREARM SAFETY RULES
1. Treat ALL firearms as if they are loaded.
2. Never let your muzzle point at anything you are not willing to shoot or destroy.
3. Keep your finger indexed and off the trigger until you are on target and ready to fire.
4. Be sure of your target, back stop, and beyond.
RANGE SAFETY RULES
1. Never stand on or near the firing line during shooting without wearing ear and eye protection.
2. Be sure there are no obstructions in the barrel of a firearm before loading.
3. Never fire ammunition that is damaged or of questionable condition.
4. Load your firearm ONLY when given the command to do so by the range master.
5. Keep the'firearm pointed down range in the direction of your target at all times.
6. Do not violate range limits.
7. Pay strict attention to the range master, following all commands. DO NOT anticipate commands.
8. Absolutely no smoking, eating, drinking, or talking on the firing line. Talk only to an instructor.
9. If you are unable to clear a malfunction, or need other assistance, raise your non-shooting hand and
wait for assistance from a range master.
10. In the event of a "Squib" round, do not fire a succeeding round. Raise your non-shooting hand and
wait for assistance.
11. Dry firing is permissible only when given the command to do so by the range master.
12. Never go in front of the line of fire, or move off of the firing line until the range master has cleared the
firing line and the command is given to go forward.
13. Absolutely no running or horse playing while at the range.
14. No attire or other items will be removed or discarded on the firing line - hats, coats, ammo boxes, etc.,
tripping hazard.
15. Do not pick up dropped equipment!ammo without permission from a range master.
16. Never try to catch a dropped firearm.
17. "Hot Brass": Maintain muzzle discipline, index your finger, place the weapon on safe, holster your
weapon if you're able to. Notify a range master if you require assistance.
18. Inform the range master of any medical condition that will prevent you from safely participating in range
activities.
I, the undersigned, have read and fully understand each of the above-mentioned FIREARM AND RANGE
SAFETY RULES. I also understand that severe or repeated violations of these FIREARM AND RANGE
SAFETY RULES will be grounds for removal from the firing line and the firearms training program.
PRINT LAST NAME, FIRST NAME SIGNATURE DATE
I
REGION ON/A I ASSIGNED UNIT PERSONNEL NUMBER
❑ NORTHERN ,I
❑ SOUTHERN .i
STATE OF CALIFORNIA—DEPARTMENT OF CORRECTIONS AND REHABILITATION GAVIN NEWSOM,GOVERNOR
DIVISION OF ADMINISTRATIVE SERVICES
OFFICE OF BUSINESS SERVICES '
9838 Old Placerville Road,Suite B-2
Sacramento,CA 95827 l5)
.I
March 19, 2020 =
"David H. Ready, City Manager
City of Palm Springs
2743 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Dear Mr. Ready,
AGREEMENT NUMBER: C5609141
SERVICE: FIRING RANGE FACILITY SERVICES
Enclosed for your files is a fully executed Agreement regarding the service(s) described above
with the California Department of Corrections and Rehabilitation/Division of Adult Parole
Operations for the period of March 16, 2020 through June 30, 2022. .
A copy of this Agreement has been forwarded to the Headquarters Accounting Office, which is
responsible for the payment of approved invoices. In order to expedite the payment process,
please ensure all invoices submitted to the State are submitted in accordance with the payment
provisions of this Agreement. Invoices must be accurate; reasonable for the services performed
and costs incurred, and include all applicable receipts and necessary supporting documentation
-as statad in this Agreement. Every invoice must also clearly state the Agreement Number and
the Purchase Order Number. If invoices are submitted electronically via email; email must
include the name on the Agreement and Agreement Number in the subject line of the email.
The email must include an attached PDF of the invoice(s) with reference to the institution name
and invoice number.
Fiscal Year Work Completed During Purchase Order Number
2019/20 03/16/2020 to 6/30/2020 4400020312
2020/21 07/01/2020 to 6/30/2021 4400020313
2021/22 07/01/2021 to 6/30/2022 4400020314
If you have any questions or need assistance, do not hesitate to contact me at
(916) 255-6429.
Sincerely,
Veronica Russell,
Contract Analyst