Lancaster City Council
August 12, 2025

STATE OF CALIFORNIA —DEPARTMENT OF CORRECTIONS AND REHABILITATION GAVIN NEWSOM, GOVERNOR

DIVISION OF ADMINISTRATIVE SERVICES

OFFICE OF BUSINESS SERVICES
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
June 27, 2025
Trolis Niebla
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
Dear Trolis Niebla:

AGREEMENT NUMBER: C5612955
SERVICE: INCARCERATED PERSONS COMMUNITY SERVICE WORK CREWS Enclosed for your signature are the above-referenced Standard Agreements and related exhibits. This agreement is not valid unless, and until, approved by the DGS, or under its authority, CDCR. The State has no legal obligation, unless and until the Agreement is approved. The State assumes no responsibility for any work commenced by the Contractor and will not reimburse the Contractor for any work performed prior to approval of the Agreement. When this Agreement is fully approved, an original will be forwarded to you. Please allow up to two months for approval.

Copies of the following document(s) must be returned to CDCR’s OBS before this Agreement can be sent to DGS for approval.

Certificate of Insurance
As required under the Insurance requirements provision in Exhibit D, CDCR Special Terms and Conditions for Public Entity Agreements:
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:
 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
City of Lancaster

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 All self-insured public entities MUST provide proof of self-insurance as specified under the Agreement.

o As required under the Workers’ Compensation provision in the CDCR Special General Terms and Conditions of this Agreement, the Contractor shall furnish 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 Operations/Locations/Vehicles, Special Items” section of the insurance certificate.

Contractor Certification Clauses

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.

Generative Artificial Intelligence (GenAI) Reporting and Factsheet

Due to updates to the State Contracting Manual (SCM) Vol. 2 Chapter 23 “Generative Artificial Intelligence (GenAI)” Section, CDCR has retired the GenAI Reporting & Factsheet Form (STD 1000) and replaced it with the OBS 1000 Form. The OBS 1000 form must be completed to disclose any anticipated use of GenAI.

City of Lancaster

Supplement Government Payee Data Record Form

Contractors must complete all applicable fields of the Supplemental Government Payee Data Record Form and return with this Agreement.

OBS 1510 California Civil Rights Laws Certification

Pursuant to Public Contract Code Section 2010, the Contractor must provide a complete Civil Rights Laws Certification Form when entering into a contract with the State and when the contract is being amended for time and/or funds.

W-9

Contractor shall provide a copy of their W-9 tax document.

The Standard Agreement must be signed via Docu-Sign, and all documentation must be returned to Breanne Valdez at [email protected]. If the Agreement and other required document(s) are not returned in a timely manner, the Agreement cannot be processed and may be cancelled.

If you have any questions or need assistance, do not hesitate to contact me via the email address above or at (279) 210-3440.

Sincerely,

Breanne Valdez
Contract Analyst
Institution Service Contracts Unit
Contracts Management Branch

Enclosure(s)

AMENDMENT NUMBERAGREEMENT NUMBERCHECK HERE IF ADDITIONAL PAGES ARE ATTACHED1. CONTRACTOR'S NAME2. FEDERAL I.D. NUMBER3. AGENCY TRANSMITTING AGREEMENT4. DIVISION, BUREAU, OR OTHER UNIT5. AGENCY BILLING CODE6a. CONTRACT ANALYST NAME6b. EMAIL6c. PHONE NUMBER7. HAS YOUR AGENCY CONTRACTED FOR THESE SERVICES BEFORE?NoYes (If Yes, enter prior Contractor Name and Agreement Number)PRIOR CONTRACTOR NAMEPRIOR AGREEMENT NUMBER8. BRIEF DESCRIPTION OF SERVICES9. AGREEMENT OUTLINE (Include reason for Agreement: Identify specific problem, administrative requirement, program need or other circumstances making the Agreement necessary; include special or unusual terms and conditions.)10. PAYMENT TERMS (More than one may apply)Monthly Flat RateQuarterlyOne-Time PaymentProgress PaymentItemized InvoiceWithhold %Advanced Payment Not To Exceed or %Reimbursement / RevenueOther (Explain)11. PROJECTED EXPENDITURESFUND TITLEITEMFISCAL YEARCHAPTERSTATUTEPROJECTED EXPENDITURES+-+-+-+-OBJECT CODEAGREEMENT TOTALOPTIONAL USEAMOUNT ENCUMBERED BY THIS DOCUMENTI certify upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENTTOTAL AMOUNT ENCUMBERED TO DATEACCOUNTING OFFICER'S SIGNATUREACCOUNTING OFFICER'S NAME (Print or Type)DATE SIGNED AMENDMENT NUMBERAGREEMENT NUMBER12. AGREEMENTAGREEMENTTERM FROMTERM THROUGHTOTAL COST OF THIS TRANSACTIONBID, SOLE SOURCE, EXEMPT+-13. BIDDING METHOD USEDRequest for Proposal (RFP) (Attach justification if secondary method is used)Use of Master Service AgreementInvitation for Bid (IFB)Exempt from Bidding (Give authority for exempt status)Sole Source Contract (Attach STD. 821)Other (Explain)SCMI 3.06.A.3 and 5.80 (A)(5) Reimbursement agreement with a Public Entity Note: Proof of advertisement in the State Contracts Register or an approved form STD. 821, Contract Advertising Exemption Request, must be attached14. SUMMARY OF BIDS (List of bidders, bid amount and small business status) (If an amendment, sole source, or exempt, leave blank)15. IF AWARD OF AGREEMENT IS TO OTHER THAN THE LOWER BIDDER, EXPLAIN REASON(S) (If an amendment, sole source, or exempt, leave blank)16. WHAT IS THE BASIS FOR DETERMINING THAT THE PRICE OR RATE IS REASONABLE?17a. JUSTIFICATION FOR CONTRACTING OUT (Check one)Contracting out is based on cost savings per Government Code 19130(a). The State Personnel Board has been so notified.Contracting out is justified based on Government Code 19130(b). When this box is checked, a completed JUSTIFICATION - CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 547.60 must be attached to this document.Not Applicable (Interagency / Public Works / Other)17b. EMPLOYEE BARGAINING UNIT NOTIFICATIONBy checking this box, I hereby certify compliance with Government Code section 19132(b)(1).AUTHORIZED SIGNATURESIGNER'S NAME (Print or Type)DATE SIGNED18. FOR AGREEMENTS IN EXCESS OF $5,000: Has the letting of the agreement been reported to the Department of Fair Employment and Housing?NoYesN/A19. HAVE CONFLICT OF INTEREST ISSUES BEEN IDENTIFIED AND RESOLVED AS REQUIRED BY THE STATE CONTRACT MANUAL SECTION 7.10?NoYesN/A20. FOR CONSULTING AGREEMENTS: Did you review any contractor evaluations on file with the DGS Legal Office?None on fileNoYesN/A21. IS A SIGNED COPY OF THE FOLLOWING ON FILE AT YOUR AGENCY FOR THIS CONTRACTOR?A. Contractor Certification ClausesNoYesN/AB. STD 204 Vendor Data RecordNoYesN/A22. REQUIRED RESOLUTIONS ARE ATTACHEDNoYesN/A23. IS THIS A SMALL BUSINESS AND/OR A DISABLED VETERAN BUSINESS CERTIFIED BY DGS?NoYesSB/DVBE Certification Number:24. ARE DISABLED VETERANS BUSINESS ENTERPRISE GOALS REQUIRED? (If an amendment, explain changes if any)No (Explain below)Yes % of Agreement25. IS THIS AGREEMENT (WITH AMENDMENTS) FOR A PERIOD OF TIME LONGER THAN THREE YEARS? NoYes (If Yes, provide justification below)I certify that all copies of the referenced Agreement will conform to the original agreement sent to the Department of General Services.SIGNATURENAME/TITLE (Print or Type)DATE SIGNED AMENDMENT NUMBERAGREEMENT NUMBERJUSTIFICATION - CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 547.60 In the space provided below, the undersigned authorized state representative documents, with specificity and detailed factual information, the reasons why the contract satisfies one or more of the conditions set forth in Government Code section 19130(b). Please specify the applicable subsection. Attach extra pages if necessary.

The undersigned represents that, based upon his or her personal knowledge, information or belief the above justification correctly reflects the reasons why the contract satisfies Government Code section 19130(b).SIGNATURENAME/TITLE(Print or Type)DATE SIGNEDPHONE NUMBERSTREET ADDRESSEMAILCITYSTATEZIP

2. The term of this Agreement is:

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

INCARCERATED PERSONS COMMUNITY SERVICE WORK CREWS

1. INTRODUCTION

Contractor shall provide all equipment, materials, supplies, and tools necessary for the California Department of Corrections and Rehabilitation (CDCR), California State Prison, Los Angeles County (LAC) located at 44750 60th Street West, Lancaster, CA 93536, incarcerated persons work crews to perform clean-up work, maintenance and restoration for the City of Lancaster. The services to be performed shall consist of the work listed herein.

This contract shall provide a meaningful, useful, and manageable work program as part of the work incentive of incarcerated persons at LAC to render a public service. Under no circumstances are incarcerated persons or Correctional Officer to be considered employees or agents for the term of this contract.

Services to be provided by CDCR incarcerated persons work crews shall consist of the following but not limited to:

Graffiti removal
Litter removal
Weed abatement
Miscellaneous landscaping work
Painting Pruning trees and shrubs

General clean-up and other activities are mutually agreed upon.

2. CONTRACTOR RESPONSIBILTIES

a. Designate a Project Coordinator (PC) representative who will give detailed instructions and technical supervision for each project performed by incarcerated persons work crew, as well as deadlines for projects, if applicable. b. Will not use incarcerated persons work crews in lieu of paid staff or in violation of the Public Contract Code.
c. There shall be no commingling of incarcerated persons work crews with the public or Contractor staff other than the immediate technical direction by Contractor to ensure quality control of the work to be performed. d. Provide training to incarcerated persons work crews in all safety procedures and a safe working environment. CDCR realizes and acknowledges that the performance of work in and around the work sites can be hazardous and that injuries to workers can occur which cannot be reasonably avoided by any of the parties hereto. However, the Contractor agrees not to assign any incarcerated persons work crews to work in any area which the Contractor knows to be unsafe or in a dangerous condition.
e. Provide assignments and necessary equipment, materials, plans, technical guidance, and supplies as necessary for all projects to be completed except when agreed upon in advance that CDCR will furnish all or part. Provide any special clothing and/or safety equipment required in addition to what CDCR provides.
f. Provide any heavy equipment necessary for the completion of projects and personnel operate the heavy equipment.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

g. Maintain all equipment in good working condition. The cost of equipment, materials, and supplies will be at the sole expense of the Contractor. h. Ensure that all equipment necessary to complete project is delivered to the worksite.
i. Ensure that incarcerated persons work crews shall not operate any tools, equipment, or motorized vehicles that they have not been trained and authorized to use.
j. Provide documentation that incarcerated persons work crew have been trained to operate tools and equipment, or motorized vehicles.
k. Ensure incarcerated persons work crew is not allowed to operate any mobile equipment on a public road, except in extreme emergency, and must report such instance to the incarcerated persons work crew supervisor immediately following the emergency as outlined the California Code of Regulations, Title 215, Section 3408, VEHICLES.
l. Provide traffic control and adequate equipment/materials (i.e., barricades, cones and signs, etc.) to ensure the safety of all workers.
m. Report all disputes/concerns from the community, labor unions and institution staff. Contractor shall inform the Institution Contract Liaison or designee within seven (7) days in writing.
n. Contractor to assist in protecting community safety and security by informing local law enforcement office of incarcerated persons work crew location for the purpose of providing periodic patrol or for escape pursuit. o. Contractor staff working in and around incarcerated persons will be familiar with the laws, rules and regulations governing conduct in associating with prison incarcerated persons. Contractor is responsible for ensuring employees adhere to the laws, rules and regulations relating to incarcerated persons.

3. CDCR RESPONSIBILITIES

a. Assign qualified custodial incarcerated persons work crew to perform general labor under the jurisdiction of the Contractor. Under no circumstances will incarcerated persons work crew be used on public works projects or projects requiring skilled labor or projects requiring public bidding. b. Reject any project that could jeopardize the use of incarcerated persons work crew or bring undue criticism to the use of this resource. c. Maintain through proper classification procedures, a list of approved incarcerated persons to be utilized as off-reservation work detail workers. d. Determine the quantity of incarcerated persons that will be committed to a specific work site based on safety/security factors. Incarcerated persons work crew size will be limited to a minimum of four (4) and a maximum of six (6) incarcerated persons, four (4) days per week minimum, per custodial supervisor. An additional incarcerated work crew with a custodial supervisor may be provided on an as-needed basis, at the Contractor’s request, if the CDCR is able to meet the required incarcerated persons work crew size. The deployment of additional incarcerated persons work crew will be subject to project demands, availability of incarcerated persons, and overall feasibility at the Contractor’s discretion.
e. Be responsible for maintaining a daily log and control of all tools, equipment, and fuel assigned to the incarcerated persons work crew. All tools must be accounted for at the end of each workday.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

f. Provide custody supervision for the discipline, security, control, welfare, and safety of incarcerated persons work crew.
g. Borne any obligations to provide worker’s compensation insurance for the assigned incarcerated persons work crew and custody staff to the extent that such obligations may apply, except as specified by law (Section 3370-3371, Labor Code).
h. Perform all necessary paperwork including, but not limited to, hours worked, travel logs, and invoicing for services.
i. Provide transportation of incarcerated persons work crews to the worksite and for their return to the institution at the end of each workday. j. Provide gloves, protection coveralls, personal protective equipment, and/or safety gear for each project as necessary to incarcerated persons work crew.

CDCR will also provide a first aid kit as required by CAL OSHA. k. Ensure the incarcerated persons work crew wears all safety equipment provided at all times. The Contractor is responsible for instructing which safety item must be worn at the worksite.
l. To provide sack lunches for incarcerated persons work crew at the work project. m. Temporarily suspend work on any project without prior notification based on unforeseen custodial or situational circumstances. Written notification will be given if suspension will exceed twenty-four (24) hours. Contractor agrees that scheduled work crew activities may be delayed and/or canceled as a result of institution security issues such as lockdowns and/or inclement weather that poses a security hazard such as fog. CDCR shall not be liable for any delay. n. Provide portable toilets, or access to facilities, if a permanent toilet is not on or adjacent to the worksite. Transport the portable toilets to and from the worksite.

4. LIABILITY

a. Neither the Contractor, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CDCR under or in connection with any work, authority or jurisdiction not delegated to the Contractor under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CDCR shall fully indemnify and hold the Contractor harmless for any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CDCR under or in connection with any work not delegated to the Contractor under this Agreement.
b. Neither CDCR, nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the Contractor under or in connection with any work, authority or jurisdiction delegated to the Contractor under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, the Contractor shall fully indemnify and hold CDCR harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the Contractor under or in connection with any work not delegated to CDCR under this Agreement.
c. Nothing in this Agreement is intended to, nor shall operate so as to abrogate any legal immunity afforded either CDCR or Contractor, including, but not limited to, immunities provided by Government Code Sections 844.6, 845.8 or similar such immunities afforded under law.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

d. It is understood that the contractual relationship of CDCR and the Contractor is that of independent Contractor. The agents and employees of CDCR on assignment to Contractor are not, and shall not be considered employees or agents of Contractor.

5. WORK SCHEDULE

Incarcerated persons work crew shall be provided to the Contractor Monday through Friday, between the hours of 6:00 a.m. and 4:00 p.m. or a time that is mutually agreed upon by the Contractor and the Institution Contract Liaison or designee. Work schedule shall commence and end at the institution and shall be recorded on a timesheet maintained by CDCR and the City of Lancaster. The maximum hours allowed for incarcerated persons work crew is eight (8) hours per day or forty (40) hours a week.

There shall be no project work on Saturday, Sunday or holidays defined in Section 6700 through 6705 of the California Government Code as designated holidays for state employees.

6. DISCIPLINE

Discipline of the incarcerated persons work crew is the sole responsibility of institution staff. Contractor, whenever possible, assists Correctional Officers in control of incarcerated persons in emergency situations on work locations under the guidance of custody staff. Contractor personnel shall report through established channels all acts of incarcerated persons work crew contrary to law, regulations, or City rules.

7. ACCIDENTS/DAMAGES

Damage caused to the equipment covered herein due to fire, abuse, act of God, accident, unauthorized alterations, disasters, the elements, failure of electrical power, misuse, use of unauthorized agents, vandalism or negligence by the State or its officers, agents, employees, or CDCR incarcerated persons, are not covered by this agreement except on a time and material basis. Such repairs will be performed by the Contractor.

8. CDCR CONTACT INFORMATION

Should questions or problems arise during the term of this Agreement, the Contractor should contact the following offices:

 Billing/Payment Issues:

Accounting Services Branch – Sacramento
Attn: Accounts Payable B
Phone Number: (916) 255-2042
Email: [email protected]

 Scope of Work/Performance Issues:

Los Angeles County, Institution Contract Liaison
Mercedes Murray
Phone Number: (661) 729-2000 ext. 5233
Email: [email protected]
City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

 General Contract Issues:

Office of Business Services
Contracts Management Branch
Phone Number: (279) 223-1556
Email: [email protected]

9. NOTICES

Notices (correspondence) to be given between the parties shall be in writing. Addresses are as follows:

California State Prison City of Lancaster
Los Angeles County (LAC) Project Coordinator
Business Services Officer I
44750 60th Street West 44933 North Fern Avenue
Lancaster, CA 93536-7620 Lancaster, CA 93534-2461
(661) 729-2000 ext. 5234 (661) 723-6000
(661) 729-6920 (661) 726-6141
City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit A-1 Sample Invoice Statement

SAMPLE

INCARCERATED PERSONS COMMUNITY SERVICE WORK CREWS

INVOICE STATEMENT

A. INCARCERATED PERSONS LABOR

Date of Service
Number
of
Inmates
Number of
Hours Per
Inmates
Cost Per
Inmate, Per
Hour
Total Cost
of
Inmate

July 15, 2009

5 X

10 X

$0.16

=

$ 8.00
July 16, 2009 5 X 10 X $0.16 = $ 8.00
July 17, 2009 10 X 4 X $0.16 = $ 6.40
July 18, 2009 5 X 8 X $0.16 = $ 6.40
July 19, 2009 10 X 10 X $0.16 = $ 16.00
July 22, 2009 5 X 10 X $0.16 = $ 8.00
July 23, 2009 5 X 6 X $0.16 = $ 4.80

TOTAL A

=

$ 57.60

B. CORRECTIONAL OFFICER REIMBURSEMENT

Date of Service
Number
of
Officers
Number of
Hours Per
Officer
Cost Per
Officer, Per
Hour
Total Cost
of
Officers

July 15, 2009

1 X

10 X

$52.00

=

$ 520.00
July 16, 2009 1 X 10 X $52.00 = $ 520.00
July 17, 2009 2 X 4 X $52.00 = $ 416.00
July 18, 2009 1 X 8 X $52.00 = $ 416.00
July 19, 2009 2 X 10 X $52.00 = $1040.00
July 22, 2009 1 X 10 X $52.00 = $ 520.00
July 23, 2009 1 X 6 X $52.00 = $ 312.00

TOTAL B

=

$3,744.00

TOTAL A+ B

=

$3,801.60

Invoice Number 003

Month

July

Year

2009
City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions for Reimbursements Rev. 12/2023

1. Invoicing and Payment (reimbursement contracts)

a. The CDCR will submit an Invoice to the Contractor, by the 10th day of each month for the preceding month’s services; based on the rates specified in Exhibit B-1, Rate Sheet, which is attached hereto and made part of this Agreement.

b. Invoices will be due within thirty (30) days of the statement date and shall be remitted to the appropriate CDCR Accounting office below:

California Department of Corrections and Rehabilitation (CDCR) ASB – Rancho Cucamonga
Attention: Accounts Receivable
PO Box 6000
Rancho Cucamonga, CA 91729-6000

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit B-1 Rate Sheet

INCARCERATED PERSONS COMMUNITY SERVICE WORK CREWS

Any quantities listed on Exhibit B-1 are CDCR's estimates only. The Contractor shall reimburse CDCR, monthly in arrears for incarcerated persons work crew.

A. Incarcerated Persons Labor

SERVICE

DESCRIPTION
Estimated
Number of
Incarcerated
Persons
x Hourly Rate
(per Inmate) x
Estimated
Number of
Hours Works x Contract Term (Years) = Total
Incarcerated Persons 5 x $0.16 x 1920 x 3 = $5,760.80 Incarcerated Persons 1 x $0.21 x 1920 x 3 = $ 1,209.60 Total Sum of Section A = $ 6970.40

B. Correctional Officer Reimbursement

SERVICE

DESCRIPTION
Estimated
Number of
Correctional
Officers
x Hourly Rate
(per Officer) x
Estimated
Number of
Hours Works x Contract Term (Years) = Total
Correctional Officer
Reimbursement 1 x $ 58.00 x 2112 x 3 = $ 367,488.00
Total Sum of Section B = $ 367,488.00

Agreement Total (Sum of A + B) = $ 374,458.00

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

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.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

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

When it is determined to be in the best interest of the State, this Agreement may be amended to extend the term at the rates agreed upon by CDCR and the Contractor.

8. Contractor Employee Misconduct

During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting incarcerated individual 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 incarcerated City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

individuals/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDCR that incarcerated individuals 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 incarcerated individuals 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 incarcerated individuals and/or parolees at the facility and access to incarcerated individual and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement.

9. Subcontracting

Services provided are to be performed primarily with the staff of the public entity or, in the case of educational institutions, auxiliaries or foundations, by the faculty, staff or students associated with the particular institution. Agreements are not to be used by state agencies to circumvent the competitive bidding requirements of Public Contract Code Section 10340.

If more that twenty-five (25) percent of the total contract amount or $50,000.00, whichever is less, is subcontracted, non-competitive bid approval must be obtained from the Secretary of CDCR and the Department of General Services prior to the commencement of services, unless the subcontract was competitively bid or the subcontractor(s) also qualifies as a state agency, governmental agency, or joint power.

10. Subcontractor/Consultant Information

Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing, within ten (10) working days, of any changes to the subcontractor and/or consultant information.

11. Liability for Nonconforming Work

The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

12. Temporary Nonperformance

If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor’s inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price.

13. Contract Violations

The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425.

14. Employment of Ex-Offenders

Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement:

a. Ex-Offenders on active parole or probation, who have been on active parole or probation during the last three years preceding their employment;

1. Contractor shall only employ ex-offenders who can provide written evidence of having satisfactorily completed parole or probation, and who have remained off parole or probation, and have had no arrests or convictions within the past three years.

b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal Code Sections 4570-4574 (unauthorized Communications with Prisons and Prisoners Offenses).

c. Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section 290.

d. Any ex-offender who has an offense history involving a “violent felony” as defined in subparagraph (c) of Penal Code 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.

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.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

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.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

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 incarcerated individuals or parolees. The Contractor shall not itself employ or offer to employ incarcerated individuals 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 incarcerated individuals 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. Compliance with Legal Requirements

The Contractor shall be aware of and comply with all Federal and State statutes, rules, regulations, and CDCR policies and directives (“CDCR Policies”) applicable to the Contract.

CDCR policies shall include, but are not limited to the Department Operations Manual (DOM), California Code of Regulations Title 15, any policy memoranda issued by the CDCR Secretary or jointly with the Receiver, California Correctional Health Care Services (CCHCS), and any similar department-wide guidance that may be issued by proper City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

authority, of which the Contractor has been informed by CDCR or has been published on the CDCR public internet web site, CDCR.ca.gov.

17. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

18. Travel

Contractor’s rates shall include all travel expenses required to perform services in accordance with this contract.

19. 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.

20. Security Clearance/Fingerprinting

The State reserves the right to conduct fingerprinting and/or security clearance—through the Department of Justice, Bureau of Criminal Identification and Information (BCII)—prior to award and at any time during the term of the Agreement, in order to permit Contractor (and/or Contractor employee) access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined.

21. 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.

22. 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, City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

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.

23. Equipment Rental

The Contractor shall hold the State, its officers, agents, and employees harmless and indemnify and defend the State for any claims for loss or damages to the rented equipment or arising out of the use or operation of the equipment caused by occurrences, accidents, or misuse by the Contractor or its purchasers or operators resulting from causes beyond the control of the State. Equipment shall be returned in good condition, subject to reasonable wear and tear, excluding loss or damage arising from causes beyond the control of the State. The State’s responsibility for repairs and liability for damage or loss is limited to that made necessary by or resulting from the negligent act or omission of the State or its officers, employees, or agents.

The Contractor shall ensure that the equipment remains in good working order throughout the duration of the Agreement and agrees to make all necessary repairs and adjustments.

The State reserves the right to cease payment for equipment rental should the Contractor fail to maintain the equipment properly. The Contractor’s representatives shall be given full and adequate access to the equipment at reasonable times.

24. 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.

25. 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.

26. Disclosure

Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by incarcerated individuals or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known made by any incarcerated individual 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.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

27. Additional Disclosure

Neither the State nor any State employee will be liable to the Contractor or its staff for any injuries caused by exposure to any blood borne pathogens, aerosol transmissible diseases, or communicable diseases. Contractor agrees that it shall comply fully with all applicable Cal/OSHA regulations concerning protection of the Contractor’s employees from diseases; including Title 8, California Code of Regulations section 5193 (Blood Borne Pathogens), and Title 8, section 5199 (Aerosol Transmissible Diseases). 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 of the Contractor’s employees arising out of exposure to any blood borne pathogen, aerosol transmissible disease, or communicable disease during the Contractor’s performance of the Agreement.

28. Mutual Hold Harmless

Contractor agrees, to the fullest extent permitted by law, to hold harmless, defend and indemnify the State, its officers, agents and employees from and against any liabilities, damages and costs (including reasonable attorneys fees and cost of defense) to the extent caused, during performance of services under this Agreement, by the negligent acts, errors and omissions of the Contractor or anyone for whom Contractor is legally responsible.

The State agrees, to the fullest extent permitted by law and subject to the availability of funds to hold harmless, defend and indemnify the Contractor, its officers, directors, principals and employees, from any liabilities, damages and costs (including reasonable attorneys fees and cost of defense) to the extent caused by the negligent acts, errors or omissions of the State as allowed by law.

29. Workers’ Compensation

Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this agreement, carry workers’ compensation insurance, at Contractor’s expense, or that it is self-insured through a policy acceptable to CDCR, for all of its employees who will be engaged in the performance of this agreement. Such coverage will be a condition of CDCR’s obligation to pay for services provided under this agreement.

Prior to approval of this agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers’ compensation coverage. Contractor agrees that the workers’ compensation insurance shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires or is canceled at any time during the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the agreement or for a period of not less than one year. The State reserves the right to verify the Contractor’s evidence of coverage. In the event the Contractor fails to keep workers’ compensation insurance coverage in effect at all times, the State reserves the right to terminate this agreement and seek any other remedies afforded by the laws of this State.

Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor’s workers’ compensation claims and losses by Contractor’s officers, agents and employees related to the performance of this City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

agreement.

30. 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.

Contractor hereby represents and warrants they (and any subcontractors) are currently and shall for the duration of this Agreement be insured. Contractor shall provide proof of self- insurance against:

All self-insured public entities MUST provide proof of self-insurance as specified under the Agreement

31. Tuberculosis (TB) Testing

In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community-based program, Contractors and their employees who are assigned to work with, near, or around incarcerated individuals/parolees shall be required to be examined and tested or medically evaluated by a licensed healthcare provider for TB in an infectious or contagious stage prior to the performance of contracted duties, and at least once a year thereafter (within 12 months of their initial or previous TB test under this contract), or more often as directed by CDCR.

Contractors and their employees who have any contact (physical or nonphysical) with incarcerated individuals/parolees, shall be required to furnish to the CDCR Program/Institution Contract Manager, at no cost to CDCR, a documented Tuberculosis (TB) evaluation/test for TB infection (Tuberculin Skin Test (TST) or a blood test Interferon City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

Gamma Release Assay (IGRA) completed within (30) thirty days of the start date of the services and be certified to be free of TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming their contracted duties and annually thereafter.

The following provisions apply to services provided on departmental and/or institution grounds:

32. Blood borne Pathogens

Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to blood borne pathogens.

33. Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison incarcerated individuals 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 incarcerated individuals 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 incarcerated individuals or wards. The following is a summation of pertinent information when non-departmental employees come in contact with prison incarcerated individuals 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 incarcerated individuals or wards:

a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison incarcerated individuals or wards. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps.

SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415, and California Welfare and Institutions Code (WIC) Section 1712.

b. CDCR does not recognize hostages for bargaining purposes. CDCR has a “NO HOSTAGE” policy and all prison incarcerated individuals, wards, visitors, and employees shall be made aware of this.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and Title 9, Section 30936; 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.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, 3288, and Title 9, Sections 30275 and 30958: 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 Title 9, Section 30275; 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 incarcerated individuals 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 incarcerated individuals 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, CCR, Title 9, sections 30976 and 30945; WIC Section 1001.5.

g. It is illegal to give or take letters from incarcerated individuals 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 incarcerated individuals or wards.

SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, 3425 and Title 9, Section 31609; 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, and Title 9, Sections 30935 and 30275.

i. For security reasons, visitors must not wear clothing that in any way resembles state issued prison incarcerated individual or ward clothing (blue denim shirts, blue denim pants).

SOURCE: CCR, Title 15, Section 3174 (b) (1) and Title 9, Section 30275.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

j. Interviews with SPECIFIC INCARCERATED INDIVIDUALS are not permitted.

Conspiring with an incarcerated individual 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 Title 9, Section 31100(a)(1).

34. 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 incarcerated individuals 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 incarcerated individual 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.

35. 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.

36. Prison Rape Elimination Policy

CDCR maintains a zero tolerance for sexual misconduct in its institutions, community correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited.

CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/prevention, detection, response, investigation and tracking of sexual misconduct and to address successful community re-entry of the victim.

All Contractors and their employees are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5, Article 44.

If you are providing services for the confinement of our incarcerated individuals, you and your staff are required to adopt and comply with the PREA standards, 28 Code of Federal Regulations (CFR) Part 115 and with CDCR’s Department Operations Manual, Chapter 5, Article 44, including updates to this policy. This will include CDCR staff and outside audit personnel (who also conduct PREA audits of state prisons) conducting audits to ensure compliance with the standards.

As a Contractor with CDCR, you shall not assign an employee to a CDCR facility or assign an employee to duties if that employee will have contact with CDCR incarcerated individuals, if that employee has 1) engaged in sexual abuse in a prison, jail, lockup, community City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described in this section.

The Contractor shall conduct a criminal background records check for each contract employee who will have contact with CDCR incarcerated individuals and retain the results for audit purposes. By signing this contract the Contractor agrees to ensure that all of the mandates of this Prison Rape Elimination Policy are complied with. Material omissions, by the contract employee, regarding such misconduct or the provision of materially false information, shall be grounds for removal from institutional grounds.

Contract employees, who have contact with incarcerated individuals, shall be provided training via the Exhibit titled; “PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational Sheet” to learn their responsibilities under the agency’s sexual abuse and sexual harassment prevention, detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the institution before a contract employee may have contact with incarcerated individuals.

Any contract employee who appears to have engaged in sexual misconduct of an incarcerated individual shall be prohibited from contact with incarcerated individuals and shall be subject to administrative and/or criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly not criminal. Reportable information shall be sent to relevant licensing bodies.

37. Security Regulations

a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor’s employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor’s parking lot. Contractor, Contractor’s employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds.

b. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise.

c. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor’s loss due to fire.

d. Due to security procedures, the Contractor, Contractor’s employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in and out of the institution gates and sally ports shall be borne by the Contractor.

e. Contractor, Contractor’s employees and subcontractors shall observe all security rules City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

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.

38. 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.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit E CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part A Rev. 12/2023

The Prison Rape Elimination Policy for the California Department of Corrections and Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private contractor who has contact with CDCR offenders, it is your responsibility to do what you can, within the parameters of your current assignment, to reduce incidents of sexual violence, staff sexual misconduct, and sexual harassment and to report information appropriately when they are reported to you or when you observe such an incident. For purposes of this Policy, the word “staff” includes volunteers and private contractors.

Historical Information
Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination Act (PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005, and most recently the United States, Department of Justice Final Rule; National Standards of 2012 to help prevent, detect, and respond to sexual violence, staff sexual misconduct, and sexual harassment behind bars. It is important that we, as professionals, understand all aspects of these laws and our responsibilities to help prevent, detect, and respond to instances by offenders and staff.

CDCR Policy
The CDCR policy is found in Department Operations Manual (DOM), Chapter 5, Article 44. PREA addresses five types of sexual offenses. Sexual violence committed by offenders against offenders encompasses: abusive sexual contact, non-consensual sex acts, and sexual harassment by an offender. Other sections covered by PREA include staff sexual misconduct towards an offender and staff sexual harassment towards an offender.

CDCR’s policy provides for the following:
• CDCR is committed to continuing to provide a safe, humane, secure environment, free from offender on offender sexual violence, staff sexual misconduct, and sexual harassment. • CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment in its institutions, community correctional facilities, conservation camps, and for all offenders under its jurisdiction.
• All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited. • This policy applies to all offenders and persons employed by the CDCR, including volunteers and independent contractors assigned to an institution, community correctional facility, conservation camp, or parole.

Retaliatory measures against employees or offenders who report incidents of sexual violence, staff sexual misconduct, or sexual harassment as well as retaliatory measures taken against those who cooperate with investigations shall not be tolerated and shall result in disciplinary action and/or criminal prosecution. Retaliatory measures include, but are not limited to:
• Coercion.
• Threats of punishments.
• Any other activities intended to discourage or prevent staff or offenders from reporting incident(s).

Professional Behavior
Staff, including volunteers and private contractors are expected to act in a professional manner while on the grounds of a CDCR institution and while interacting with other staff and offenders. Key elements of professional behavior include:
• Treating everyone, staff and offenders alike, with respect. • Speaking without judging, blaming, or being demeaning. • Listening to others with an objective ear and trying to understand their point of view. • Avoiding gossip, name calling, and what may be perceived as offensive or "off-color" humor.

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit E CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part A Rev. 12/2023

• Taking responsibility for your own behavior.

Preventative Measures
You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking various actions during the performance of your duties as a volunteer or private contractor.

The following are ways in which you can help:
• Know and enforce the rules regarding the sexual conduct of offenders. • Be professional at all times.
• Make it clear that sexual activity is not acceptable. • Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and sexual harassment as serious.
• Follow appropriate reporting procedures and assure that the alleged victim is separated from the alleged predator.
• Never advise an offender to use force to repel sexual advances.

Detection
All staff, including volunteers and private contractors, is responsible for reporting immediately and confidentially, to the appropriate supervisor any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

After immediately reporting to the appropriate supervisor, you are required to document the information you reported. You will be instructed by the supervisor regarding the appropriate form to be used for documentation.

You will take necessary action (i.e., give direction or press your alarm) to prevent further harm to the victim. Staff, including volunteers and private contractors, will request the victim does not: 1) Shower; 2) Remove clothing without custody supervision; 3) Use the restroom facilities; and 4) Consume any liquids.

I have read the information above and understand my responsibility to immediately report any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

Volunteer/Contractor Name (Printed) Date Signed

Signature of Volunteer/Contractor Current Assignment within Institution

Contact Telephone Number Supervisor in Current Assignment

City of Lancaster Agreement Number C5612955
California Department of Corrections and Rehabilitation (CDCR) Exhibit E CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part B Rev. 12/2023

PART B shall only be completed by contractors who, in the course of their assigned duties, have contact with inmates.

Duty to Report
You are required to answer the following questions:

1) Have you ever engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, other institution?
Yes No If yes, provide the date of the incident and the facility name in the space below.

2) Have you ever been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse?
Yes No If yes, provide the date of the incident and the county in the space below.

3) Have you ever been civilly or administratively found to have engaged in the activity described in question (2) above?
Yes No If yes, provide the date of the incident and the county in the space below.

4) Have you ever received any disciplinary action as a result of allegations of sexual harassment of an inmate in a prison, jail, lockup, community confinement facility, or other institution? Yes No If yes, provide the date of the incident and the facility name in the space below.

If you answered “Yes” to any of the questions, please provide the date of the incident and the facility name/county where it occurred:

As a contract employee, you have a continuing duty to promptly report, and you are required to notify your employer and the Appointing Authority of the Institution to which you are assigned if the answer to any of the above questions changes.

I hereby certify that there are no misrepresentations, omissions, or falsifications, and that all answers are true and correct. I understand and agree that if any material facts are discovered which differ from those facts stated by me on this form, my services to the California Department of Corrections and Rehabilitation will be discontinued and my contract employer will be notified.

Date
Signature:

Printed

Date:

Facility/County Name: