HomeMy WebLinkAbout9/4/2013 - STAFF REPORTS - 2.B. V PA M SA
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'`"O"`'� City Council Staff Report
DATE: September 4, 2013 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: Police Department
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. Approve 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$6,000.00 revenue to the City through June 30, 2015, 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, 2015.
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 of up to 48 hours maximum use per year, for a maximum total not to
exceed $3,000 per year. The Department of Corrections now wishes to renew the
contract. The Palm Springs Police Department supports the efforts of the California
ITEM NO. 0
City Council Staff Report
September 4, 2013 — Page 2
Agreement to Renew Annual CDC Firearms Range Contact
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 $6,000. There is no
impact to the City Budget.
Alberto Franz I
Police Chief David H. Ready
City Manager
Attachments: Agreement
02
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213(Rev 06/03) AGREEMENT NUMBER
5600003677
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
California Department of Corrections and Rehabilitation
CONTRACTOR'S NAME
City of Palm Springs Police Department
2. The term of this July 1, 2013 Through June 30, 2015
Agreement is:
3. The maximum amount $6,000.00
of this Agreement is: Six Thousand 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) 4 pages
Exhibit D - Special Terms and Conditions for Public Entity Agreements 11 pages
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR'S NAME(ifother than an individual,state whether a corporation,partnership, etc.)
City of Palm Springs Police Department
BY(Authorized Signature) DATE SIGNED(Do not type)
P�
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(Authorized Signature) DATE SIGNED(Do not type)
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PRINTED NAME AND TITLE OF PERSON SIGNING ❑ Exempt per:
Terri Gibson, Manager, Headquarters Contracts Unit#3
ADDRESS
10000 Goethe Road, Suite CA Sacramento, CA 95827-3564
03
67 -t,
CCC-307
CERTIFICATION
I,the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
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Date Executed � Executed in the County of it
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CONTRACTOR CERTIFICATION CLAUSES
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1. STATEMENT OF COMPLIANCE: Contractor has,unless exempted, complied with
the nondiscrimination program requirements. (Gov. Code §12990(a-f) and CCR, Title 2,
Section 8103) (Not applicable to public entities.)
2. _DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2)the person's or organization's policy of maintaining a drug-free workplace;
---- _-- 3) any available counseling,rehabilitation and employee assistance programs;and,------ --- -- —
4)penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1)receive a copy of the company's drug-free workplace policy statement; and,
2)agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
jFailure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible j
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
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certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3.NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one(I) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE-PRO BONO
REQUIREMENT: Contractor hereby certifies that contractor will comply with the
requirements of Section 6072 of the Business and Professions Code,effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
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Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
— or in part by sweatshop labor, forced labor, convict labor,indentured labor under penal -- - -- - --
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
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b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably required
by authorized officials of the contracting agency,the Department of Industrial Relations,
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or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over$100,000 executed or amended after
January 1, 2007, the contractor certifies that contractor is in compliance with Public
Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees(Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations,transactions,planning,arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
-------- - employed by that state agency in a policy-making position in the-same-general subject-- ----------- - -
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
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2. LABOR CODE/WORKERS'COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act(ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation,rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California)must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor
— shall not be: (1)in violation of any order or resolution not subject to review proinulgiited by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or(3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
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j 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
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CADocuments and Settings\OBSRLZ\My Documents\CCC-307.doc
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
Scope of Work
FIRING RANGE SERVICES
1. 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), Region IV 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 (1" qtr. July — September, 2'd qtr. October — December, 3f° 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).
2. Contractor Responsibilities
The range shall be available to DAPO for monthly, quarterly, and evening use, as needed. The
j 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.
The Contractor's Range safety rules and regulations must be followed at all times by all
personnel using the Range facility. The Contractor's Rangemaster 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.
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.
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.
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.
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
Scope of Work
3. CDCR Responsibilities
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.
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.
4. Monthly Use
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.
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.
5. Quarterly Weekend Use
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).
6. 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), Region IV Headquarters
Phone Number: (909) 468-2300 Ext 244
Fax Number: (909) 468-2310
• General Contract Issues: j
Office of Business Services
Phone Number: (916) 255-6161
FAX Number: (916) 255-6187
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City of Palm Springs Police Department Agreement No. 5600003677
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:
California Department of Corrections and Rehabilitation (CDCR)
Headquarters Accounting Office
Attn: Accounts Payable C
10000 Goethe Rd. Suite B-2
Sacramento, CA 95827
C. The Contractor 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
Section B, above, and must reference the institution name and invoice number.
i For Headquarters Contracts:
APAContractl nvoi ce(a)cdc r.ca.g ov
2. Budget Contingency Clause
a. It is mutually agreed that if the California State Budget Act for the current fiscal
year and/or any subsequent fiscal years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall be of no
further force and effect. In this event, the State shall have no liability to pay any
funds whatsoever to Contractor, or to furnish any other considerations under this
Agreement, and Contractor shall not be obligated to perform any provisions of
this Agreement.
b. If funding for the purposes of this program is reduced or deleted for any fiscal
year by the California State Budget Act, the State shall have the option to either
cancel this Agreement with no liability occurring to the State, or offer an
Agreement amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
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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, j
Government Code 927 et seq.
Page 1 of 2
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City of Palm Springs Police Department Agreement No. 5600003677
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 Contractors 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.
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit B-1
Rate Sheet
Firing Range Services
Description Rate Per X Est. No. of Sessions = Total
Session for contract term)
Regular and Night — $ 6,000.00
Requalification $ 60.00 X 100 —
TOTAL BID AMOUNT =
$ 6,000.00
(BASIS FOR AWARD)
Contractor shall provide storage facilities located within the range compound for DAPO target
equipment and other related equipment at no charge to the State.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
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2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department,the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s)access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5, INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
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-------.---- 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during-
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to i the Contractor upon demand.
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8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact,percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply(Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin,physical disability(including HIV and AIDS), mental disability, medical
condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder(California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
---— -___ - I2. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
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15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid,the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15)or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
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Government Code Section 4552.
c. If an awarding body or public purchasing body receives,either through judgment or
settlement,a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor,the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a)the assignee
has not been injured thereby, or(b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of$100,000,the
contractor acknowledges in accordance with Public Contract Code 7110,that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
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17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
i a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract)report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise(DVBE)participation,then Contractor must within 60 days of receiving final payment
under this Contract(or within such other time period as may be specified elsewhere in this
Contract)certify in a report to the awarding department: (1)the total amount the prime
Contractor received under the Contract; (2)the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
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If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a "loss leader"as defined in Section 17030 of the Business
- — --and Professions Code. (FCC 10344(e).) - - ------.- - -- -
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City of Palm Springs Police Department Agreement No. 5600003677
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.
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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 11
City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
3. Accounting Principles
i 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.
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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 speck 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. 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.
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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
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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.
9. 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.
10. 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.
11. Employment of Ex-Offenders
Contractor cannot and will not either directly, or on a subcontract basis, employ in
connection with this Agreement:
ja. Ex-Offenders on active parole or probation, who have been on active parole or probation
during the last three years preceding their employment,
1. Contractor shall only employ ex-offenders who can provide written evidence of
having satisfactorily completed parole or probation, and who have remained off
parole or probation, and have had no arrests or convictions within the past three
years-
b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting
escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of
Penal Code Sections 4570-4574 (unauthorized Communications with Prisons and
Prisoners Offenses).
c. Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section
290.
d. Any ex-offender who has an offense history involving a "violent felony" as defined in
subparagraph (c) of Penal Code 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.
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
12. Conflict of Interest
The Contractor and their employees shall abide by the provisions of Government Code (GC)
Sections 1090, 81000 et seq., 82000 at 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
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
contractorwith 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
iof the decision-making process relevant to the Agreement while employed in any
Page 4 of 11
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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
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.
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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.
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
13, Travel
Contractor's rates shall include all travel expenses required to perform services in
accordance with this contract.
14. 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.
15. 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.
16. 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.
Mutual Hold Harmless (Supersedes provision number 5, Indemnification, of Exhibit C)
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.
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
17.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.
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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 Contractors officers, agents and employees related to the performance of this
agreement.
18. 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
does it insure any State employee or insure any premises owned, leased, used by or
otherwise or under the control of the State. It does, however, serve to provide the State with
proof that the Contractor and any subcontractors are insured at the minimum levels required
by the State of California.
-- Contractor agrees that any liability insurance required in the performance of this Agreement-----------------
shall be in effect at all times during the term of this Agreement. In the event said insurance
coverage expires or is canceled during the term of this Agreement. Contractor shall provide
the State within five (5) business days of receipt by contractor a copy of any notice of
cancellation or non-renewal of insurance required by the contract. Evidence of coverage
required in the performance of this Agreement shall not be for less than the remainder of the
term of this Agreement or for a period of not less than one year. The State and the
Department of General Services (DGS) reserve the right to verify the Contractor's evidence
of coverage; evidence of coverage is subject to the approval of the DGS. In the event the
Contractor fails to keep insurance coverage as required herein in effect at all times, the
State reserves the right to terminate this Agreement and to seek any other remedies
afforded by the laws of the State of California.
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24
City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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.
19. Tuberculosis (TB) Testing
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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 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 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:
20. Blood borne Pathogens
Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA)
regulations and guidelines pertaining to blood borne pathogens.
21. 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:
i 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
i institutions/facilities or camps.
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of
i Regulations (CCR), Title 15, Sections 3285 and 3415, and California Welfare and
Institutions Code (WIC) Section 1712,
b. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO
HOSTAGE" policy and all prison inmates, wards, visitors, and employees shall be made
aware of this.
SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and 4603; WIC
Section 1712.
c. All persons entering onto institution/facility or camp grounds consent to search of their
person, property or vehicle at any time. Refusal by individuals to submit to a search of
their person, property, or vehicle may be cause for denial of access to the premises.
SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177,
3288, 4696, and 4597: 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.
e. It is illegal for an individual who has been previously convicted of a felony offense to
enter into CDCR adult institutions/facilities or camps, or youth institutions/facilities or
camps in the nighttime, without the prior approval of the Warden or officer in charge. It
is also illegal for an individual to enter onto these premises for unauthorized purposes or
to refuse to leave said premises when requested to do so. Failure to comply with this
provision could lead to prosecution.
SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and
3289; WIC Section 1001.7,
f. Encouraging and/or assisting prison inmates to escape, is a crime. It is illegal to bring
firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR
institutions/facilities or camp premises. It is illegal to give prison inmates or wards
firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia,
including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices,
and written materials and pictures whose sale is prohibited to minors.
SOURCE: PC Sections 2772, 2790. 4533, 4535, 4550, 4573, 4573.5, 4573.6 and
4574; WIC Section 1152, CRR, Title 15, sections 4681 and 4710; WIC Section 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.
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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).
22. 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
i 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.
23. 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.
24. Prison Rape Elimination Policy
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.
25. 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 i
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City of Palm Springs Police Department Agreement No. 5600003677
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
the main entrance gate and park private and nonessential vehicles in the designated
visitor's parking lot. Contractor, Contractor's employees and subcontractors shall
remove the keys from the ignition when outside the vehicle and all unattended vehicles
shall be locked and secured while on institution grounds.
b. Any State- and Contractor-owned equipment used by the Contractor for the provision of
contract services, shall be rendered temporarily inoperative by the Contractor when not
in use, by locking or other means unless specified otherwise.
c. In order to maintain institution safety and security, periodic fire prevention inspections
and site searches may become necessary and Contractor must furnish keys to
institutional authorities to access all locked areas on the worksite. The State shall in no
way be responsible for Contractor's loss due to fire.
d. Due to security procedures, the Contractor, Contractor's employees and subcontractors
may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of
time checking in and out of the institution gates and sally ports shall be borne by the
Contractor.
e. Contractor, Contractor's employees and subcontractors shall observe all security rules
and regulations and comply with all instructions given by institutional authorities.
f. Electronic and communicative devices such as pagers, cell phones and
cameras/microcameras are not permitted on institution grounds.
g. Contractor, Contractor's employees and subcontractors shall not cause undue
interference with the operations of the institution.
h. No picketing is allowed on State property.
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26. 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.
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