Loading...
HomeMy WebLinkAbout1/24/2018 - STAFF REPORTS - 1.I. VALMSAq .y C u W * k • ���••�•*.E. •� City Council Staff Report °gt�FORN�p DATE: January 24, 2018 CONSENT AGENDA SUBJECT: RANGE SERVICES AGREEMENT BETWEEN PALM SPRINGS POLICE DEPARTMENT AND STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, 2017-2019 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 State of California-Department of Corrections and Rehabilitation (CDCR) for Firing Range Services through June 2019. 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, in the amount of $3,850.00 revenue to the City from November 1, 2017 through June 30, 2019. 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 (DAPO), Southern Region staff to utilize the PSPD Firing Range and associated resources (PSPD Rangemaster, classrooms, safety equipment, etc.) for monthly, quarterly, and evening use, as needed through June 30, 2019. FISCAL IMPACT: Revenue to the City of Palm Springs from this agreement will be approximately $3,850.00. There will be no impact to the general fund. Ci EM N0. City Council Staff Report January 24, 2018, Page 2 Approval of Agreement between PSPD and State of California-CDCR Bryan Reyes, Chief of Police David H. Ready, City M ger Attachments: 1) CDCR Firing Range Services Contract e2 STATE OF CALIFORNIA--DEPARTMENT OF CORRECTIONS AND REHABHjTA71ON EDMUND G.BROWN JR.,GOVERNOR DIVISION OF ADMINISTRATIVE SERVICES OFFICE OF BUSINESS SERVICES 9838 Old Placerville Road,Suite B-2 Sacramento,CA 95827 c _,sxn December 8, 2017 City of Palm Springs David Ready, City Manager 2743 E. Tahquitz Canyon Way Palm Springs, CA 92263 Dear Mr. Ready: AGREEMENT NUMBER: C5607094 SERVICE: FIRING RANGE SERVICES Enclosed for your signature are the above-referenced.Standard Agreements and related exhibits. This agreement is not valid unless, and until, approved by the DGS, or under its authority, CDCR. The State has no legal obligation, unless and until the Agreement is approved. The State assumes no responsibility for any work commenced by the Contractor and will not reimburse the Contractor for any work performed prior to approval of the Agreement. When this Agreement is fully approved, an original will be forwarded to you. Please allow up to two months for approval. Copies of the following document(s) must be returned to CDCR's OBS before this Agreement can be sent to DGS for approval. Standard Agreement (Std. 213) Please have two (2) copies of the Standard Agreement signed and dated with an original signature by authorized representative indicated. Certificate of Liability Insurance Contractor shall provide proof of self -insurance as per Exhibit D: Special Terms and Conditions for Public Entity Agreements. 03 City of Palm Springs Page 2 Board Resolution Please provide a certified copy of the board resolution, order, motion, or ordinance of the local governing body which by law has authority to .enter into this Agreement, authorizing execution of the Agreement as required in the Contractor Certification Clauses. All documentation must be returned to CDCR, OBS, at the following address: Califomia Department of Corrections and Rehabilitation Office of Business Services Attention: Veronica Russell 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827 If you have any questions.or need assistance, do not hesitate,to contact me at (916) 255-6429. Si cerely, Veronica Russell Contract Analyst Headquarters Contracts, Unit#3 Contracts Management Branch Enclosure(s). 04 STATE OF CALIFORNIA STANDARD AGREEMENT STD-213(Rev 06103) AGREEMENT NUMBER C5607094 REGISTRATION NUMBER 1, This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCT5 NAME California Department of Corrections and Rehabilitation coNTRAcroR'S NAME City of Palm Springs 2. The term of this November 1, 2017 through June 30, 2019 Agreement is` 3; The maximum amount $ 3,850.00 of this Agreement is., Three Thousand Eiqht Hundred Fifty Dollars And Zero Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit —Scope of Work 2 pastes Exhibit B— Budget Detail and Payment Provisions 2 pages Exhibit B-1 — Rate Sheet 1 page Exhibit C —General Terms and Conditions GTC 04/2017 Exhibit D - Special Terms and Conditions for Public Entity Agreements 14 pages Exhibit E--Prison Rape Elimination Policy 2 pages Attachment 1 —Firearm Safety Rules 1 page Items shown with.an Asterisk("), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www,dos ca ggvlols/Resources/StandardContracttanauage aspx IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR' California Department of General Services Use Only CONTRACTOR'S NAME 41 other than an-individual,state whether corporation,partnership;eicr) City of Palm Springs BY(Authorized Signature) DATE SIGNEDfLhr l,or ly/v) David Ready, City Manager ADDRESS 2743 E. Tahquitz Canyon Way Palm Springs, CA 92263 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY(Authorized Signature) DATE SIGNED(U�rrM?tpej JK PRINTED NAME AND TITLE OF PERSON SIGNING ❑ Exempt pet: Terri Gibson, Manager, Headquarters Contracts Unit#3 ADDRESS 9838 Old Placerville Road, Sacramento, CA 95827 Q5 City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work FIRING RANGE SERVICES !. 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 (15' qtr. July September, 2"d qtr. October— December, 3'd 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). fl. Contractor-Res Dons ibilities 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" (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 additional charge to the State. 5, The Contractor will provide safety equipment such as hearing protection and safety glasses. The DAPD 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 additional charge to the State. Page 1 of 2 06 City of Palm Springs Agreement Number C5607094 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 Firearm Safety Rules. (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 8:00am to 5:00pm, 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 1.0 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 252 Fax.Number. (909)468-2358 • General Contract Issues: Office of Business Services Phone Number: (916)255-6429, FAX Number. (916)255-6187 2of2 07 City of Palm Springs Agreement Number C5607094 California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions 1. Invoicinq 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 Date 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 POF 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) ASS - Sacramento Attention: Accounts Payable A P.O. Box 187015 Sacramento, CA 95818-701.5 For electronic submission, send invoices to: APAContractinvoice(&cdcr.ca.gov 2. BudgetContingencv 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. to 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 smalllmicro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq. Page 1 of 2 08 City of Palm Springs , Agreement Number C5607094 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 2of2 � q City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation(CDCR) Exhibit B-1 Rate Sheet Firing Range Services FISCAL YEAR: NOVEMBER 1, 2017 through JUNE 30, 2018 Description Rate Per X Est. No. of Sessions = Total Session for contract term Regular and Night $ 75 04 25 = $ 1,87.5,00 Requalification X FISCAL YEAR: JULY 1, 2018 through JUNE 30, 2019 Description Rate Per X Est. No. of Sessions = Total Session for contract term Regular and Night $ 79.00 25 _ $ 1,975,00 Requalification X TOTAL_ CONTRACT AMOUNT = L$ 3,850.OD Note: 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 1 In City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 1, Contract Disputes with Public Entities 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 1 City of Palm Springs Agreement Number C5607094 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. 8. 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, upon agreement, the State may extend this contract, with no increase in service cost, for a period.of one(1) year or less. B. 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 forcer or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify the CDCR, of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative. reports; b) access to inmates/parolees and the Rage 2 of 14 i City of Palm Springs Agreement Number C5607094 California Department of Corrections and.Rehabilitation (CDCR) Exhibit D. Special Terms and Conditions for Public Entity Agreements 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. 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 Page 3 of 14 13 City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 .aid ingtabetting escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal Code Sections 4570-4574 (unauthorized Communications with Prisons and Prisoners Offenses), c, Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section 290. d, Any ex-offender who has an offense history involving a "violent felony" as defined in subparagraph (c) of Penal Code Section 667.5; or e. Any ex-offender in a position which provides direct supervision of parolees. An ex-offender whose assigned duties involve administrative or policy decision-making, accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential Loss to the State or contractor. Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender. 16.Conflict of Interest The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section .3409, and the Department Operations.Manual (DOM) Section 31100 et seq. regarding conflicts of interest; a. Contractors and Their Employees Consultant contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing 'services under the Page 4of14 ' Q City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 maybe 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, 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 while employed in any capacity by any state agency. (2) For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12- month period prior to his or her leaving state service, In addition to the above, the. Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment.services, or opportunities offered to inmates or parolees. The.Contractor shall not itself employ or offer to employ inmates or parolees either directly or Indirectly through an affiliated company, person or business unless Page 5 of 14 15 City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 cornmissions are exempt from this section if they do, not receive. payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem. 16. Travel Contractor's rates shall include all travel expenses required to perform services in accordance with this contract. 17. Notification of Personnel Changes Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identificatiion card provided to Contractor's employee(s) upon their departure or termination: w � Page 6 of 14 y City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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. 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 Page 7 of 14 �. City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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. 26.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 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 Page 8 of 14 City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 tines, 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 $1,000,000 per occurrence for bodily injury and property damage liability combined. 27.Tuberculosis (TB) Testing In the event that the services required under this Agreement will be performed within a CDCR institution/parole officelcommunity-based program, prior to the performance of contracted duties, Contractors and their employees who are assigned to work with inmates/parolees on a regular basis shall be required to be examined or tested or medically evaluated for TB in an infectious or contagious stage, and at least once a year thereafter or more often as directed by CDCR. Regular basis is defined as having contact with inmates/parolees in confined quarters more than once a week. Contractors and their employees shall be required to furnish to CDCR,,at no cost to CDCR, a form CDCR 7336, "Employee Tuberculin Skin Test (TST) and Evaluation," prior to assuming their contracted duties and annually thereafter, showing that the Contractor and their empioyees have been examined and found free of TB in an infectious stage. The form CDCR 1336 will be provided by CDCR upon Contractors request. The following provisions apply to services provided on departmental and/or institution grounds: 28. Blood borne Pathogens Provider shall adhere to California Division of Occupational Safety and Health (CAL-O$HA) regulations and guidelines pertaining to blood borne pathogens. iq Page 9 of 14 ` City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 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 institutionifacility 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 20 City of Palm Springs Agreement Number C5607094 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 institution slfacilities 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 institutionslfacilities 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, 4560, 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 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 Page 11 of 14 21 City of Palm Springs Agreement Number C5607094 California_Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsults andlor 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 6030.1, 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 Polite. 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 educationtprevention, 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 PRF_A 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 communityfacilitated 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 Page 12 of 14 0. 2 City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Sheet" to learn their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the institution before a contract employee may have contact with inmates. Any contract employee who appears to have engaged in sexual misconduct of an inmate shall be prohibited from contact with inmates and shall be subject to administrative and/or criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly noncriminal. 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 came ras/m i crocame ras 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 13of14 City of Palm Springs Agreement Number C5607094' 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 14of 14 City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet Exhibit E 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, Nonconsensua[ 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 I of 2 99, City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation (CDCR) Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet Exhibit E 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 City of Palm Springs Agreement Number C5607094 California Department of Corrections and Rehabilitation Firearm Safety Rules Attachment 1 FIREARM SAFETY RULES I. Firearm Safety—Basic Rules a, Treat ALL firearms as If they are loaded! Never forget that a gun has the potential to produce serious injury or death in a single instant of carelessness, Safe gun handling is a habit to be followed at all times. After you determine that a gun is unloaded, continue to handle it as though it were loaded. In b, Never let the safe muzzle a firearm alsot anything you are not take to consideration thlatg to a bullet can ricochet selecting a safe directiti you mu on, or glance off any object it strikes, and that bullets can penetrate Walls, ceilings,floors,, and windows, c, Keep your finger off the trigger until your sights are on target and you are ready to firer By keeping your finger completely outside the trigger guard until you have aimed at the target, you guarantee that any shots you fire will go safely in the direction of your intended target. d. Be sure of your target, backstop and beyond! Remember that a bullet can travel as much as several mites, so you should be certain of what your bullet could strike before you pull the trigger. Never fire at a movement, a noise, a flash of color,or a rustling bush without positively Identifying your target. Firearm safety—Rango Rules a, Ear and Eye protection is mandatory. b, Do not violate range (Inlits. (Above and Below target, Right and Left of Range) c. Never fire ammunition that is damaged or of questionable conditfom (only duty ammo in state issued firearm) d, Do not manipulate your firearm, unless instructed to by a Rangemaster.. e. Do not anticipate range commands, f, Do not remove or discard anything on the firing line. (Trip hazards:.jackeilhats/ammo boxes) g; Absolutely no running; horse playing, smoking, eating, drinking, or excessive talking while on the firing line:h. In the event of a'Squib" round, do not fire a succeeding round. Raise your non-shooting hand and wail for assistance. i, reassembly, ensure there are no obstructions in When.cleaning your firearm, and prior to the:barrel. page 1 of i 97