HomeMy WebLinkAbout6/17/2015 - STAFF REPORTS - 2.K. PALM SA
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C�`'F°"N�P City Council Staff Report
DATE: June 17, 2015 CONSENT AGENDA
SUBJECT: Renew Agreement with the State of California Department of Corrections
To Use The Palm Springs Police Department's Firearm Range.
FROM: David H. Ready, City Manager
BY: Alberto Franz III, Police Chief
SUMMARY
It is recommended that the City Council authorize the City Manager to renew the
contract with the State of California Department of Corrections (Parole Officers) to use
the Police Department's firearm range.
RECOMMENDATION:
1. Approving a facilities use agreement with the State of California, Department of
Corrections, to use the Palm Springs Police Department's Firearm Range, in the
amount of $9,960.00 revenue to the City through July 1, 2015 through June 30,
2017 in a form approved by the City Attorney.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The contractual agreement between the City and the State of California Department of
Corrections for use of the Palm Springs Police firearms Range facility is up for renewal.
The State's projected use of the range facility and fees paid to the City are also
renegotiated at this time. The proposed contract is for a term of two years, through
June 30, 2017.
Since December 1997 the California State Department of Corrections has had a contract
with the City to use the Palm Springs Police Department's Firearms Range on a
periodic basis. The Department of Corrections wishes to renew the contract for a
maximum of 83 hours a year for a total cost not to exceed $4980.00 per year. The Palm
ITEM NO. �V11,
City Council Staff Report
June 17, 2015 Page 2
Agreement to Renew Annual CDC Firearms Range Contact
Springs Police Department supports the efforts of the California Department of
Corrections to train their armed Parole agents locally, in a state of the art facility, as a
cost and time saving measure to the State. The Firearms Range facility is adequately
equipped and staffed to meet the needs of the Department of Corrections. The
Department of Corrections provides their own Range Master who conducts the shoot,
and they also furnish their own supplies.
FISCAL IMPACT:
Revenue to the City of Palm Springs from this agreement will be $9,960.00. There is no
fiscal impact to the City Budget.
A erto Franz I, nti a hief
David H. Ready, City M r
Attachments: Agreement
02
STATE OF CALIFORNIA--DEPARTMENT OF CORRECTIONS AND REHABILITATION IEDMUND G.BROWN JR.,GOVERNOR
DIVISION OF ADMINISTRATIVE SERVICES
OFFICE OF BUSINESS SERVICES _
9838 Did Placerville Road,Suite B•2 �•`j5)
Sacramento,CA $6927
April 17, 2015
City of Palm Springs Police Department
David Ready, City Manager
2743 E. Tahqultz Canyon Way
Palm Springs, CA 92263
Dear Mr. Ready:
AGREEMENT NUMBER: 6600006209
SERVICE- FIRING RANGE FACILITY
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.
Please have two (2) copies of the Standard Agreement dated and signed with an
original signature by an authorized representative.
Copies of the following document(s) must be retumed to CDCR's 088 before this
Agreement can be sent to DGS for approval.
Certificate of insurance
As required under the Insurance requirements provision in Exhibit D, CDCR Special
Terms and Conditions:
o The Contractor is required to provide a Certificate of Insurance stating that there
is Commercial General Liability insurance presently in effect for the Contractor of
not less than $1,000,000 per occurrence for bodily injury and property damage
liability combined. The certificate of Insurance must include the following
provisions:
03
City of Palm Springs Police Department
Page 2
The California department of Corrections and Rehabilitation must be
named as the "Certificate Holder" and list the following:
State of California
California Department of Corrections and Rehabilitation (CDCR)
Office of Business Services
9838 old Placerville Road, Suite B-2
Sacramento, CA 95827
The state of California, its officers, agents, employees and servants are
hereby named as additional insured, but only with respect to work
performed for the State of California.
• Should any of the above described policies be cancelled before the
expiration date thereof, notice will be delivered in accordance with the
policy provisions:
o As required under the Workers' Compensation provision in the CDCR Special
General Terms and Conditions of this Agreement, the Contractor shall fumish to
the State evidence of valid Workers' Compensation coverage in the manner
specified therein.
o Have the insurance company place the language specified in the "Description of
Operabons/Locations/Vehicles, Special Items" section of the insurance
certificate.
Contractor Certification Clauses
This Agreement does not include a hard copy of the Contractor Certification Clauses
(CCC), which are incorporated by reference into the Agreement. The CCC may be
downloaded from the Internet at o s.d s.ca, ov/s dart+Ian ua a and printed for
your files. An original, signed copy of the CCC must be returned with the two signed
STD 213s, the attached exhibits and any other requested documentation. Failure to
submit a signed CCC will delay approval of this Agreement. If you do not have Internet
access, you may request a hard copy of the CCC by contacting the contract analyst at
the telephone number listed in the last paragraph of the letter.
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.
04
City of Palm Springs Police Department
Page 3
All documentation must be returned to CDCR, OBS, at the following address:
California Department of Corrections and Rehabilitation
Office of Business Services
Attention: Veronica Russell
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
If the Agreement and other required document(s) are not returned within two weeks,
the Agreement cannot be processed and may be cancelled.
If you have any questions or need assistance, do not hesitate to contact me at
(916) 255-6429.
Sincerely,
Veronica Russell, Contract Analyst
Headquarters Contract Unit#3
Contracts Management Branch
Enclosures: Standard Agreement (Std. 213), Exhibit A (Scope of Work), Exhibit B
(Budget details and Payment Provision), Exhibit B-1 (Rate Sheet), Exhibit D (Special
Terms and Conditions for Public Entity Agreements)
05
STATE OF CALIFORNfA
STANDARD AGREEMENT
STO 213(Rev 06103) AGREEMENT NUMBER
5600005209
REGISTRATION NUMBER
1, This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCYS NAME
Califomia Department of Corrections and Rehabilitation
CONTRACTOR'S NAME
City of Palm Springs Police Department
2, The term of this July 1, 2015 Through June 30, 2017
Agreement is:
3. The maximum amount $ 9,960.GG
of this Agreement is: Nine Thousand Nine Hundred Sixty Dollars and No 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 A—Scope of Work 2 pages
Exhibit B—Budget Detail and Payment Provisions 2 pages
Exhibit B-1 — Rate Sheet 1 page
Exhibit C — General Terms and Conditions GTC 610
Exhibit D - Special Terms and Conditions for Public Entity Agreements 13 pages
Items shown with an Asterisk(`), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www ols dos.ca oov/standard+Laflauaae
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR'S NAME(d other than an indMdua(state whether a corporation,pannershlp,efc.)
City of Palm Springs Police Department
BY(Authorized Signaivre) DATE SIGNEDfrfi mn typu)
David Ready, City Manager
ADDRESS
2743 E. Tahquitz Canyon Way
Palm Springs, CA 92263
STATE OF CALIFORNIA
AGENCYNAME
California Department of Corrections and Rehabilitation
BY fAulhodzed Srgnalm) DATE SIGNED(1M not type)
AK I
PRINTED NAME AND TITLE OF PERSON SIGNING ❑ Exempt per:
Terri Gibson, Manager, Headquarters Contf acts Unit#3
ADDRESS
9838 Old Placerville Road, Sacramento, CA 95827
06
City of Palm Springs Police Department Agreement No. 5600005209
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 (15' qtr. July — September, 2nd qtr. October — December, 3" qtr. January — March and 4U'
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).
It, 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 Range safety rules and regulations 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 regulations, 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 07
City of Palm Springs Police Department Agreement No. 5600005209
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 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 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 252
Fax Number: (909) 468-2358
• General Contract Issues:
Office of Business Services
Phone Number: (916) 255-6429, FAX Number: (916) 255-6187
2of2 08
City of Palm Springs Police Department Agreement Number 5600005209
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)
Sacramento Accounting Office
Attention: Accounts Payable A
P.O. Box 187015
Sacramento, CA 95818-7016
For electronic submission, send invoices to:
APAContracti nvoiceAcdcr.camov
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 shalt 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,
Page 1 of 2 09
City of Palm Springs Police Department Agreement Number 5600005209
California Department of Corrections And Rehabilitation (CDCR) Exhibit B
Budget Details and Payment Provisions
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 Chapter 4.5,
Government Code 927 et seq.
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. 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.
30
Page 2 of 2
City of Palm Springs Police Department Agreement No. 560DO05209
California Department of Corrections and Rehabilitation (CDCR) Exhibit B-1
Rate Sheet
Firing Range Facility
FISCAL YEAR JULY 1, 2015 through JUNE 30, 2016
Description Hourly Rate X Est. No. of Sessions = Total
Regular and Night $ 60 00 83 = $4,980.00
Requalirtcation X
FISCAL YEAR JULY 1, 2016 through JUNE 30, 2017
Description Hourly Rate X Est. No. of Sessions = Total
Regular and Night $ 60.00 83 — $4,980.00
Requalification X
TOTAL CONTRACT AMOUNT =
$ 9,960.00 'I
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.
1 Zi
City of Palm Springs Police Department Agreement Number 5600005209
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 13 12
City of Palm Springs Police Department Agreement Number 5600005209
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, upon agreement, the State may
extend this contract, with no increase in service cost, for a period of one (1) year or less.
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). 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
Page 2 of 13 13
City of Palm Springs Police Department Agreement Number 5600005209
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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 subcontractors) 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 Nonconformina 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 cure
such defects.
Page 3 of 13 14
City of Palm Springs Police Department Agreement Number 5600005209
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 prisonljail; 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 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 decislon-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 et seq. regarding conflicts of interest.
Page 4 of 13 15
City of Palm Springs Police Department Agreement Number 5600005209
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Enfity 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 (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.
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City of Palm Springs Police Department Agreement Number 5600005209
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.
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City of Palm Springs Police Department Agreement Number 5600005209
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/Finaerorintina
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.
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City of Palm Springs Police Department Agreement Number 5600005209
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 tern 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. 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 shail 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
Page 8 of 13 19
City of Palm Springs Police Department Agreement Number 5600005209
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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 verity 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.
26.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, 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 fumish 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 employees have been examined and found free of TB in an infectious stage. The form
CDCR 7336 will be provided by CDCR upon Contractor's request.
The following provisions apply to services provided on departmental and/or Institution
grounds.
27. Blood borne Pathogens
Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA)
regulations and guidelines pertaining to blood borne pathogens.
28. 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
Page 9 of 13
��
City of Palm Springs Police Department Agreement Number 5600005209
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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
institutionffacility 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
institutionsffacilities 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 institutionffacility 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 institutionffacility 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.
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
Page 10 of 13 21
City of Palm Springs Police Department Agreement Number 5600005209
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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 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).
29. 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, 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.
30. 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.
31. Prison Rape Elimination Policy
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City of Palm Springs Police Department Agreement Number 5600005209
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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. The CDCR shall maintain 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.
As a contractor with the CDCR, you and your staff are expected to ensure compliance with
this policy as described in Department Operations Manual, Chapter 5, Article 44.
32. Security Reaulations
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 vehicie/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, 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.
33. Gate Clearance
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City of Palm Springs Police Department Agreement Number 5600005209
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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.
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