City of Sacramento
City Council Report
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Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01548 9/13/2022 Consent Item 05.
American River Watershed Sanitary Survey 2023 Update, Memorandum of Understanding [Published for 10-Day Review 09/02/2022]
File ID: 2022-01548
Location: Citywide
Recommendation Pass a Motion authorizing the City Manager or the City Manager's designee to:
1) execute a Memorandum of Understanding with eleven other municipal water purveyors for a sanitary survey update of the American River watershed area, for a total project cost not-to-exceed $250,200, with the option for participating agencies to share costs of follow-up activities in an amount not-to-exceed $1,675,000 for FY 2023/24 through FY 2027/28, for a total cost not-to-exceed $1,925,200; and 2) execute an agreement with the California Department of Corrections and Rehabilitation for reimbursement to the City, in an amount not-to-exceed $30,000, for Folsom State Prison's participation in the sanitary survey update and optional follow-up activities.
Contact: Karen Newton, Project Manager, (916) 808-1449, [email protected]; Sherill Huun, Engineering & Water Resources Division Manager, (916) 808-1455, [email protected], Department of Utilities
Presenter: None
Attachments:
1-Description/Analysis
2-Memorandum of Understanding
3-Agreement
Description/Analysis
Issue Detail: The California Surface Water Treatment Rule requires communities that divert and treat surface waters for domestic water supplies, such as the City, to perform sanitary survey updates within their respective watersheds every five years. Staff recommends City Council approval of a Memorandum of Understanding (MOU) with eleven other municipal water purveyors for preparation of an American River Watershed Sanitary Survey (ARWSS) 2023 Update to fulfill this requirement.
The MOU also includes preparation of a technical memorandum with the partner water purveyors. A separate agreement with the California Department of Corrections and Rehabilitation (CDCR) is needed for reimbursement to the City for Folsom State Prison's portion of costs for this project.
Policy Considerations:
Council approval is required for all City MOUs with outside agencies in excess of $250,000.
City of Sacramento Page 1 of 4
File ID: 2022-01548 9/13/2022 Consent Item 05.
The Sacramento City Code Section 4.04.020 and Council Rules of Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a 2/3 vote of the City Council, all labor agreements and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to council action.
This item was published for 10-day review on September 2, 2022, in compliance with the City Code.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed activities have been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment). Authorization to enter into the MOU and Agreement regarding apportionment of costs for the watershed sanitary sewer update of the American River watershed area is an action directed by the State that will help assure the maintenance and protection of the environment.
Sustainability: Completion of the ARWSS 2023 Update, and conducting the source water protection follow-up activities to protect the City's American River water supply, support the following utilities and environmental resources goals of the City's 2035 General Plan:
1. Provide water supply facilities to meet future growth within the City's Place of Use and assure a high-quality and reliable supply of water to existing and future residents.
2. Protect local watersheds, water bodies and groundwater resources including creeks, reservoirs, and the Sacramento and American Rivers with their respective shorelines.
Conducting the ARWSS 2023 Update and source water protection follow-up activities are consistent with the City's 2035 General Plan Policies and Programs by supporting the policy to “continue ongoing Sacramento and American River source water protection efforts based on watershed sanitary survey recommendations” (Goal ER1.1.8).
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The City is required by the State Division of Drinking Water (DDW) to comply with regulations passed in June 1991, mandating that all water suppliers using surface water sources complete a sanitary survey of their respective watershed(s) and provide an update report every five years. By partnering with other water purveyors with this same requirement and geographical area of interest, the City can cost effectively meet this regulatory requirement.
Financial Considerations: The proposed MOU is for a total project cost not-to-exceed $1,925,200.
The estimated ARWSS 2023 Update project cost is $250,200 with the optional source water protection follow-up activities total project cost of not-to-exceed $1,675,000 for FY 2023/24 through FY 2027/28. The City’s total maximum cost share not-to-exceed amount for FY 2022/23 is $21,610 for the ARWSS 2023 Update project. Optional follow-up City cost share is not-to-exceed $30,000 per year per partner for FY 2023/24 through FY 2027/28, contingent upon funding availability in the adopted budget for the applicable fiscal year. If requested by the City, the agencies participating in City of Sacramento Page 2 of 4
File ID: 2022-01548 9/13/2022 Consent Item 05.
the follow-up activities will each pay an equal share of the cost of the City’s project management services for each activity in an amount up to $600 per participating agency.
California Department of Corrections and Rehabilitation (CDCR), one of the participating agencies, has a requirement for a separate reimbursement agreement between the City and CDCR to reimburse the City for the scope associated with the MOU, in a not-to-exceed amount of $30,000.
Sufficient funds exist in the American River Source Water Protection Multi-Year Operating Project (I14520400) for the City shared portion of the costs for FY 2022/23.
The Department will be bringing forward a City Council report for approval of a professional services agreement for the ARWSS 2023 Update project.
There are no General Funds allocated or planned for this project.
Local Business Enterprise (LBE): LBE participation consistent with City policy will be included in any professional services agreements administered by the City.
Background: The California Code of Regulations, Title 22, Chapter 17 establishes the California Surface Water Treatment Rule (SWTR) which requires that all surface water suppliers conduct a sanitary survey of their watershed(s) at least once every five years. The first of these studies was required to be completed prior to January 1, 1996, or the issuance of a DDW permit for a new or expanded surface water treatment facility, whichever came first. In August 1993, the City and ten other municipal water purveyors in the American River watershed submitted a sanitary survey of the American River watershed to the state. Five updates have been submitted to the state since 1993, with a sixth update due to DDW by December 2023.
The main purpose of the sanitary survey requirement is to determine the level of treatment required to assure, to the greatest degree possible, that water supplies are free of microbial and other types of contamination. To comply with this requirement and obtain the necessary information to determine required levels of treatment, watershed sanitary surveys must provide a description of the source waters' watershed, identify potential sources of contamination within the watershed, describe watershed management practices, and assess the microbial contaminant load at the point where the raw water is diverted to the treatment plant.
Staff from the participating water purveyors met to consider whether the SWTR watershed sanitary survey requirements for their respective American River water treatment plants would best be met through a jointly administered and financed project. This effort has resulted in the development of an MOU Regarding Contracting and Apportionment of Costs for a Sanitary Survey Update of the American River Watershed and Related Activities. The other participating water purveyors have approved the MOU with the exception of Folsom State Prison (FSP). FSP has agreed, in writing, to participate in the project and pay its cost share, and this information will be updated by the MOU.
FSP will be completing approval of the MOU concurrently with finalizing a separate agreement between the CDCR and the City to conduct this project.
The key provisions of the MOU provide for the following:
• Formation of a technical committee to share information related to the contract negotiations, City of Sacramento Page 3 of 4
File ID: 2022-01548 9/13/2022 Consent Item 05.
review work products and consultant progress reports and discuss report recommendations. Work products include the ARWSS 2023 Update report and two technical memoranda that various agencies are cost sharing with the City.
• Cost sharing arrangements.
• The City as the lead agency in administration of the Professional Services Agreement and for cost sharing of City staff costs for project management, consisting of work of mutual benefit to the participating agencies.
• The option for participating agencies to share costs of source water protection follow-up activities based on the results of the watershed sanitary survey.
The water purveyors developed a cost-effective approach for the ARWSS 2023 Update to utilize information previously collected in the original ARWSS and four previous update reports by optimizing the use of information from watershed programs, providing updates on various sources of concern in the watershed, evaluating new data on sources and constituents of concern, determining required levels of treatment, and providing an updated set of recommendations. The study area for the ARWSS 2023 Update will be the upper watershed upstream of Folsom Lake and the lower watershed from Folsom Lake to the confluence of the American and Sacramento rivers. ..End
City of Sacramento Page 4 of 4
Memorandum of Understanding 2023 Sanitary Survey Update Page 1 of 21 of the American River Watershed Area
MEMORANDUM OF UNDERSTANDING
REGARDING CONTRACTING AND APPORTIONMENT OF COSTS FOR
A SANITARY SURVEY UPDATE OF
THE AMERICAN RIVER WATERSHED AREA AND RELATED ACTIVITIES
This Memorandum of Understanding (”MOU”) is entered into on _____________, 2022, by and between Carmichael Water District (“CWD”), the City of Folsom (“Folsom”), the City of Roseville (“Roseville”), the City of Sacramento (“Sacra mento”), East Bay Municipal Utility District (“EBMUD”), El Dorado Irrigation District (“EID”), Folsom State Prison (”FSP”), Georgetown Divide Public Ut ility District (“GDPUD”), Golden State Water Company (“GSWC”), Placer County Water Agency (“ PCWA”), Sacramento County Water Agency (“SCWA”), and San Juan Water District (“SJWD”), each referred to herein as a “Party” and collectively referred to herein as the “Parties”.
RECITALS
A. The purpose of this MOU is to memorialize an agreem ent and understanding of the Parties with respect to apportionment of co sts for the 2023 watershed sanitary survey update of the American River Watershed Area (“Update”), for technical memoranda related to the Update but not included in it , and for optional source water protection follow-up activities related to the Update recommendations.
B. The Parties each are required by the Stat e Water Resources Control Board, Division of Drinking Water to comp ly with regulations passed in June 1991 requiring all water suppliers using surface water sources to complete a sanitary survey of their respective watershed(s) and to provide an updat e report every five years ( see California Code of Regulations, Title 22, Division 4, Chapter 17, Article 7, §64665).
C. This Update also will be used to complete the watershed portion of the sanitary survey required for all surface water users as par t of the Federal Interim Enhanced Surface Water Treatment Rule passed in December 1998 (see Federal Register, Vol. 63, No. 241, December 16, 1998, pp. 69478 et seq., amended Jan. 16, 2001, 66 Fed. Reg. 3770).
D. The Parties believe it to be in their best inte rests, as well as the public’s best interest, to enter into a contract with a consultant to conduct the Update and to cooperatively and jointly share in the cost of this Updat e and of technical memoranda related to the Update but not included in it.
E. Some of the Parties also may desire to s hare costs of optional source water protection follow-up activities.
NOW THEREFORE, in consideration of the mut ual obligations set forth herein, the Parties agree as follows:
Memorandum of Understanding 2023 Sanitary Survey Update Page 2 of 21 of the American River Watershed Area
1. Technical Committee: The Parties hereby form a Technical Committee consisting of one representative of each of t he Parties, as identified on the list titled: “American River Watershed Sanitary Survey 2023 Update - Representatives”, attached hereto as Exhibit A and fully incorporated herein by th is reference. A named representative may designate an individual to act on the representative’s behalf for a specified time.
The purpose of the Technical Co mmittee will be: a) to share information related to the technical work for the Update; b) to revi ew consultant progress reports and work products for the Update; c) to discuss c onsultant recommendations concerning the Update; d) to consider optional source wate r protection follow-up activities related to the Update; and e) to take such other action as the Technical Committee deems appropriate to further the interests of the Parties related to the Update.
The Technical Committee shall meet as n eeded, at such times and places as the Technical Committee may agree. The Te chnical Committee serves the limited purposes set forth above and shall be dissolved once the specific tasks set forth in this Update have been completed. Attendance at meetings may be in person, by telephone, by video conference, or by any ot her means agreed to by a majority of the Parties’ representatives.
2. Decisions of Technical Committee: A mini mum of 7 representatives shall constitute a quorum which shall be necessary for the Te chnical Committee to take action at any meeting.
The Parties expect and intend those decisions of the Technical Committee will be made by unanimous agreement of the representatives present at the meetings, except that in the event of disagr eement over any decision, the representatives present will vote to resolve the disagreement, with eac h representative having one vote, and the vote of the majority of representatives pr esent will be the decis ion of the Technical Committee.
If a decision cannot be made by consensus or majority vote, as described above, then a meeting will be held between the representatives listed in Exhibit A to resolve the disagreement.
3. Selection of Consultant: Sacramento will act as the lead agency in selecting and contracting with one or more consultant s to complete the Update and prepare technical memoranda related to the Update but not included in it. Selection will be in accordance with standard City of Sacrament o consultant selection procedures.
Sacramento’s professional services agreement will require the consultant to: (a) carry professional liability insur ance; and (b) name the other parties to this MOU as additional insureds, and indemnify the other par ties to this MOU, to the same extent that the consultant is r equired to name Sacramento as an additional insured and indemnify Sacramento. At any Party’s request, Sacramento shall provide a copy of any agreement, procedure, or other related material, whether draft or final.
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4. Cost Sharing, Invoices: Sacramento will be responsible for administering all contracts for consultant services to perform t he Update and to prepare technical memoranda related to the Update but not included in it. It is understood and agreed, however, the Parties shall each pay a percentage of the contract amount. The Parties also shall share project management costs incurred by Sacramento for activities of mutual benefit to the Parties, such as cont ract management, agency coordination, and oversight of the consultan t, in a total amount not to exceed $10,000. The Parties’ percentage shares for the consultant c ontract(s) and for t he Sacramento project management costs for activities related to the Update and any technical memoranda related to the Update but not included in i t, as well as the not-to-exceed amounts are set forth in Exhibit B, attached hereto and incorporated by this reference.
Consistent with Exhibit B, (i) the estima ted project costs for the Update and any technical memoranda related to the Update but not included in it, in cluding the project management costs described above, are appr oximately $222,200; and (ii) this MOU provides for an additional $28,000 to provi de a contingency for unforeseen additional costs and a reasonable range of potential consultant costs for the Update.
Sacramento will invoice the ot her Parties in arrears fo r consultant and project management costs. Within 45 days of invoic e(s) receipt each Party shall remit its percentage share of the invoice(s) to reimburse Sacramento for payment of the consultant and project management costs. Sacramento will make all reasonable efforts to provide invoices on a quarterly basis.
Copies of consultant invoices will be distributed to the Technical Committee representatives at the time of invoicing for partner agency cost share, or upon request at any time. In the event one or more Pa rties believe an invoice should not be paid in whole or in part, the dispute shall be resolv ed by the Technical Committee as set forth in Section 2 herein.
The Parties agree to exercise good faith and diligence in the resolution of any disputed invoice amounts; provided, however, that notwithstandi ng any provision contained herein (except Section 5 of this MOU), Sacramento shall be reimbursed by each of the other Parties for their respective percent age share of any and all money ultimately paid to the consultant by Sacramento and project management costs incurred by Sacramento, subject to the provisions of th is Section 4 and the pr ice ceiling specified in Section 5.
The Parties’ percentage shares set forth in Exhibit B may only be changed by amendment to this MOU as provided in Section 9, below.
5. Price Ceiling: In no case shall the total costs shared pursuant to Section 4 of this MOU exceed $250,200, except by amendment of this MOU. This price ceiling shall not apply to costs for supplemental tasks requested and agreed to by, and for the
Memorandum of Understanding 2023 Sanitary Survey Update Page 4 of 21 of the American River Watershed Area
benefit of, fewer than all of the agencies listed on Exhibi t B. Any supplemental tasks will be provided for and agreed to by separ ate written agreem ent. The Scope, Schedule, and Budget Summary for the Update and for technical memoranda related to the Update but not included in it is set forth in in row A of Exhibit C, attached hereto and incorporated by this reference.
6. Additional Cost Sharing: Based on the results of the U pdate, the Parties may wish to share in the costs of optional joint source water protection follow-up activities. By way of example only, the Parties may wish to agree to:
Watershed activities of mutual interest that benefits all parties to this MOU.
Watershed activities on the Lower Amer ican River that benefits CWD, Sacramento, EBMUD, GSWC, and SCWA.
Watershed activities that benefit EBMUD and SCWA.
Participation in such activities shall be at the option of each Party, and for participating Parties such activities shall be conducted, and costs shall be sh ared as provided in this Section 6. For these activities, Sa cramento will contract wit h the consultant(s) performing such activities and will provide project management and direction to such consultant(s), with input from the par ticipating Parties’ Technical Committee representatives. Sacramento shall provide the participating Parties a proposed budget for these activities on an annual basis. A Party’s participation in such activities shall be confirmed in writing by the participating Party’s Technical Committee representative after receipt of the proposed annual budget. The costs of each such activity will be split evenly among the participating agencies that benefit from such activity.
The Scope, Schedule, and Budget Summary fo r the optional joint source water protection follow-up activities are set fort h in rows B through F of Exhibit C.
Notwithstanding any other prov ision of this MOU, and consistent with Exhibit C, no participating Party shall be required to pay more than $30,000 during a fiscal year for its share of all optional joint source water protection follow-up activities under this Section 6, except as may be otherwise agr eed in writing by each such participating Party. If requested by Sacrament o, the Parties participating in an optional joint source water protection follow-up activity will ea ch pay an equal share of the cost of Sacramento’s project management services for such activity, provided that such cost share shall not exceed $600 per participating Pa rty for any given optional joint source water protection follow-up activity, except as may be otherwise agreed in writing by each such participating Party.
Sacramento will invoice in arrears the Parties participating in such additional activities for each Party’s share of the applicable c onsultant and project management costs.
Within 45 days of invoice receipt, each participating Party shall remit its payment of the invoice, to reimburse Sacramento for paym ent of consultant and project management
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costs. Sacramento will make al l reasonable efforts to provide the invoices on a quarterly basis.
Copies of consultant invoices will be distributed to the participating Parties’ Technical Committee representatives on a quarterly basis , or upon request at any time. In the event one or more participat ing Parties believe an invoice should not be paid in whole or in part, the dispute shall be resolved by the participating Parties’ Technical Committee representatives, as set forth in Section 2 herein.
The Parties agree to exercise good faith and diligence in the resolution of any disputed invoice amounts; provided, however, that notwithstandi ng any provision contained herein, Sacramento sha ll be reimbursed by each of the ot her participating Parties for their respective share of any and all money ultimately paid to the consultant(s) by Sacramento for the performance of additional activities and project management costs incurred by Sacramento, subject to the provisions of this Section 6.
7. Notices: Any invoice, payment, notice or other written communication related to this MOU will be provided to those representatives identified on Exhibit A.
8. Term of MOU: This MOU s hall be effective as of the date it is signed by all Parties and shall remain in effect until a new MO U is in place for the 2028 update to the American River watershed sanitary survey, unt il all services and contracts covered by this MOU have been completed and perform ed and all payments required under this MOU have been made, or until terminated by the mutual written agreement of all Parties, whichever occurs first.
9. Amendments: Any amendments to this MOU must be in writing and executed by all Parties.
10. Counterparts: This MOU may be executed by the Parties in separate counterparts, each of which when so executed and delivered to Sacramento shall be an original, but all such counterparts shall t ogether constitute but one and t he same instrument. After all Parties’ signature pages are returned to Sacramento, copies of the complete MOU will be mailed to each Party.
11. General Provisions: Ea ch Party understands and agrees that there is no agency or joint venture relationship between the Part ies. It is further understood and agreed by the Parties that notwithstanding anything contained herein, the employees of each Party shall continue to be entirely and exclusively under the direction, supervision, and control of the employing Party.
With the exception of the agreed cost s haring of Sacramento project management costs, each Party understands and agrees that any internal, in-house or administrative costs or expenses incurred by any Party rela ted to that Party’s obligations under this MOU shall be the sole responsibility of the Party incurring the costs and expenses.
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The Parties understand and agree that this MOU creates rights and obligations solely between the Parties and is not intended to benefit any other person or entity. No provision of this MOU shall in any way inure to the benefit of any person or entity not a party to this MOU so as to make such person or entity a third‐party beneficiary of this MOU or any of its terms.
If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, but only to the extent that the intent of the Parties can be effectuated without the provision or provisions held invalid, void, or unenforceable.
The waiver by any Party to this MOU of any requirement, condition or provision of this MOU shall not be deemed a waiver of any subsequent breach of that or any other requirement, condition, or provision of this MOU.
The Parties represent that the undersigned individuals executing this MOU on their respective behalf are fully authorized to do so by law or other appropriate instrument and to bind the Parties to the obligations set forth herein.
This instrument and any attachments heret o constitute the entire MOU between the Parties concerning the subject matter hereof.
************************************
Memorandum of Understanding 2023 Sanitary Survey Update Page 7 of 21 of the American River Watershed Area
CARMICHAEL WATER DISTRICT (CWD)
Date: ____________________________ By : _______________________________ Cathy Lee, General Manager
A T T E S T :
__________________________________
Memorandum of Understanding 2023 Sanitary Survey Update Page 8 of 21 of the American River Watershed Area
CITY OF FOLSOM (Folsom)
Date: ____________________________ By: ___________________________ Elaine Andersen, City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
_________________________________ _______________ ________________ Marcus Yasutake Steven Wang, City Attorney
Environmental and Water Resources Director
ATTEST: FUNDING AVAILABLE:
_________________________________ _______________ ________________ Christa Freemantle, City Clerk Stacey Tamagni, Finance Director
Memorandum of Understanding 2023 Sanitary Survey Update Page 9 of 21 of the American River Watershed Area
CITY OF ROSEVILLE (Roseville)
Date: __________________________ By: ___________________________ Dominick Casey, City Manager
APPROVED AS TO SUBSTANCE:
___________________________
Richard D. Plecker, P.E.
Environmental Utilities Director
ATTEST: APP ROVED AS TO FORM:
________________________________ _______________ ________________ Carmen Avalos, City Clerk Mic helle Sheidenberger, City Attorney
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CITY OF SACRAMENTO (Sacramento)
Date: ____________________________ By: ___________________________ William O. Busath, Director
ATTEST: APP ROVED AS TO FORM:
__________________________________ _______________ ________________ T i t l e T i t l e
Memorandum of Understanding 2023 Sanitary Survey Update Page 11 of 21 of the American River Watershed Area
EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD)
Date: ____________________________ By: ___________________________ David A. Briggs, P.E., Ph.D.
Direc tor of Operations and Maintenance
APPROVED AS TO FORM:
By: _____
for the Office of the General Counsel
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EL DORADO IRRIGATION DISTRICT (EID)
Date: ____________________________ By: ___________________________ Ji m Abercrombie, General Manager
APPROVED AS TO FORM:
_______________________________
Office of General Counsel
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FOLSOM STATE PRISON (FSP)
Date: ___________________________ By: ___________________________ X a v i e r C o n t r e r a s , C h i e f
Institution Contracts Section
ATTEST: APP ROVED AS TO FORM:
_________________________________ _______________ ________________ T i t l e T i t l e
Memorandum of Understanding 2023 Sanitary Survey Update Page 14 of 21 of the American River Watershed Area
GEORGETOWN DIVIDE PUBLIC UTILITY DISTRICT (GDPUD)
Date: ____________________________ By: ___________________________ A dam Coyan, General Manager
A T T E S T :
__________________________________
T i t l e
Memorandum of Understanding 2023 Sanitary Survey Update Page 15 of 21 of the American River Watershed Area
GOLDEN STATE WATER COMPANY (GSWC)
Date: ____________________________ By: ___________________________ Paul Schubert, General Manager
A T T E S T :
__________________________________
T i t l e
Memorandum of Understanding 2023 Sanitary Survey Update Page 16 of 21 of the American River Watershed Area
PLACER COUNTY WATER AGENCY (PCWA)
Date: _________________ By: __________________________________ Jeremy Shepard, Director of Technical Services
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SACRAMENTO COUNTY WATER AGENCY (SCWA)
Date: ____________________________ By: ___________________________ Mi chael L. Peterson, Director
ATTEST: APP ROVED AS TO FORM:
__________________________________ _______________ ________________ T i t l e T i t l e
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SAN JUAN WATER DISTRICT (SJWD)
Date: ____________________________ By: ___________________________ Tony Barela, Operations Manager
ATTEST: APP ROVED AS TO FORM:
__________________________________ _______________ ________________ T i t l e T i t l e
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Exhibit A
American River Watershed Sanitary Survey 2023 Update - Representatives
Mr. Cathy Lee
General Manager
Carmichael Water District
7837 Fair Oaks Blvd
Carmichael, CA 95608
(916) 483-2452
[email protected]
Mr. Marcus Yasutake
Environmental and Water Resources Director
City of Folsom
50 Natoma Street
Folsom, CA 95630
(916) 461-6161
[email protected]
Mr. Richard D. Plecker
Director of Environmental Utilities
City of Roseville
Environmental Utilities Department
2005 Hilltop Circle
Roseville, CA 95747
(916) 774-5714
[email protected]
Mr. Tony Bertrand
Engineering & Water Resources Division Manager
City of Sacramento
Department of Utilities
1395 35
th Avenue
Sacramento, CA 95822
(916) 808-1461
[email protected]
David A. Briggs, P.E., Ph.D.
Director of Operations and Maintenance
East Bay Municipal Utility District
POB 24055, MS 606
Oakland, CA 94607-4240
[email protected]
Mr. Jim Abercrombie
General Manager
El Dorado Irrigation District
2890 Mosquito Road
Placerville, CA 95667
(530) 622-4513
[email protected]
Mr. John Heckman
Associate Warden Business Services
P.O. Box 910
Folsom, CA 95673
(916)985-2561
[email protected]
Mr. Adam Coyan
General Manager
Georgetown Divide PUD
6425 Main Street
Georgetown Ca 95634
530-333-4356
[email protected]
Mr. Paul T. Schubert
General Manager
Golden State Water Company
3005 Gold Canal Drive
Rancho Cordova, CA 95670
(916) 853-3636
[email protected]
Mr. Jeremy Shepard
Director of Technical Services
Placer County Water Agency
POB 6570
Auburn, CA 95604
(530) 823-2066
[email protected]
Mr. Michael L. Peterson
Director
Sacramento County Water Agency
827 7
th Street, Room 301
Sacramento, CA 95816
(916) 874-6851
[email protected]
Mr. Tony Barela
Operations Manager
San Juan Water District
9935 Auburn-Folsom Road
Granite Bay, CA 95746
(916) 791-0115
[email protected]
Memorandum of Understanding 2023 Sanitary Survey Update Page 20 of 21 of the American River Watershed Area
Exhibit B
American River Watershed Sanitary Survey 2023 Update
Watershed Sanitary Survey Cost Sharing
Participating
Agencies
Cost Share (%)
Not to Exceed
Amount for
Sharing Costs of
Watershed
Sanitary Survey
Not to
Exceed
Amount for
Sharing
Costs of
Technical
Memoranda
(c)
Project Management
(Consultant and
Sacramento), and
Watershed Evaluation,
Water Quality Review,
Report Preparation
(Consultant)
(a)
Compliance
Evaluation
(Consultant)
(b)
CWD 8.33 10 $19,595 $2,000
City of Folsom 8.34 10 $19,610 $2,000
City of Roseville 8.34 10 $19,610 $2,000
City of
Sacramento
8.34 10 $19,610 $2,000
EBMUD 8.33 ----- $15,095 $2,000
EID 8.33 10 $19,595 $2,000
FSP 8.33 10 $19,595 $2,000
GDPUD 8.33 10 $19,595 $2,000
GSWC 8.33 10 $19,595 $2,000
PCWA 8.33 10 $19,595 $2,000
SCWA 8.33 ----- $15,095 $2,000
SJWD 8.34 10 $19,610 $2,000
Footnotes:
(a) Equal shares for consultant costs (for project management, watershed evaluation, water quality review, and report preparation), and for City of Sacramento project management costs. (b) Compliance evaluation costs split between ten participating agencies with intakes in the American River watershed.
(c) Cost sharing for technical memoranda related to t he watershed sanitary survey but not included in it will be shared equally by those agencies that benefit from the technical memoranda. Additional funding may be approved and provided by any agency for specific additional services provided for that agency.
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Exhibit C
American River Watershed Sanitary Survey 2023 Update
Scope, Schedule, and Budget Summary
Item
Task
Schedule (a), (b)
Not to Exceed
Amount Per
Partner (c)
A
American River Watershed Sanitary
Survey 2023 Update; Related Technical
Memoranda
August 2022-
approximately June
2024
See Exhibit B
B
Optional source water protection
follow-up activities, including those
related to the American River Joint
Source Water Protection Program
(JSWP) and Keep Our Waters Clean
(KOWC) FY2024
July 2023-June 2024
$30,000
C
Optional source water protection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2025
July 2024-June 2025
$30,000
D
Optional source water protection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2026
July 2025-June 2026
$30,000
E
Optional source water protection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2027
July 2026-June 2027
$30,000
F
Optional source water protection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2028
July 2027-June 2028
$30,000
Footnotes:
(a) Additional years for the optional source water protection follow-up activities will be covered by this MOU until a new MOU is in place for the 2028 update to the American River Watershed Sanitary Survey. (b) Annual source water protection work may need to be completed after June of each year. (c) $30,000 is the annual ceiling cost per participating Partner for Items B-F, plus cost share of program management cost at option of City of Sacramento. A Party shall not be required to participate in cost sharing for Items B through F unless and until the Party’s representative confirms the Party’s participation and financial commitment in writing.
2. The term of this Agreement is:
Memorandum of Understanding 2023 Sanitary Survey Update Page 1 of 21 of the American River Watershed Area
MEMORANDUM OF UNDERSTANDING
REGARDING CONTRACTING AND APPORTIONMENT OF COSTS FOR
A SANITARY SURVEY UPDATE OF
THE AMERICAN RIVER WATERSHED AREA AND RELATED ACTIVITIES
This Memorandum of Understanding (”MOU”) is entered into on _____________, 2022, by and between Carmichael Water District (“CWD”), the City of Folsom (“Folsom”), the City of Roseville (“Roseville”), the City of Sacramento (“Sacra mento”), East Bay Municipal Utility District (“EBMUD”), El Dorado Irrigation District (“EID”), Folsom State Prison (”FSP”), Georgetown Divide Public Ut ility District (“GDPUD”), Golden State Water Company (“GSWC”), Placer County Water Agency (“ PCWA”), Sacramento County Water Agency (“SCWA”), and San Juan Water District (“SJWD”), each referred to herein as a “Party” and collectively referred to herein as the “Parties”.
RECITALS
A. The purpose of this MOU is to memorialize an agreem ent and understanding of the Parties with respect to apportionment of costs for the 2023 watershed sanitary survey update of the American River Watershed Area (“Update”), for technical memoranda related to the Update but not included in it , and for optional source water protection follow-up activities related to the Update recommendations.
B. The Parties each are required by the Stat e Water Resources Control Board, Division of Drinking Water to comp ly with regulations passed in June 1991 requiring all water suppliers using surface water sources to complete a sanitary survey of their respective watershed(s) and to provide an updat e report every five years ( see California Code of Regulations, Title 22, Division 4, Chapter 17, Article 7, §64665).
C. This Update also will be used to complete the watershed portion of the sanitary survey required for all surface water users as par t of the Federal Interim Enhanced Surface Water Treatment Rule passed in December 1998 (see Federal Register, Vol. 63, No. 241, December 16, 1998, pp. 69478 et seq., amended Jan. 16, 2001, 66 Fed. Reg. 3770).
D. The Parties believe it to be in their best inte rests, as well as the public’s best interest, to enter into a contract with a consultant to conduct the Update and to cooperatively and jointly share in the cost of this Updat e and of technical memoranda related to the Update but not included in it.
E. Some of the Parties also may desire to s hare costs of optional source water protection follow-up activities.
NOW THEREFORE, in consideration of the mut ual obligations set forth herein, the Parties agree as follows:
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 2 of 21 of the American River Watershed Area
1. Technical Committee: The Parties hereby form a Technical Committee consisting of one representative of each of t he Parties, as identified on the list titled: “American River Watershed Sanitary Survey 2023 Update - Representatives”, attached hereto as Exhibit A and fully incorporated herein by th is reference. A named representative may designate an individual to act on the representative’s behalf for a specified time.
The purpose of the Technical Co mmittee will be: a) to share information related to the technical work for the Update; b) to revi ew consultant progress reports and work products for the Update; c) to discuss c onsultant recommendations concerning the Update; d) to consider optional source wate r protection follow-up activities related to the Update; and e) to take such other action as the Technical Committee deems appropriate to further the interests of the Parties related to the Update.
The Technical Committee shall meet as n eeded, at such times and places as the Technical Committee may agree. The Te chnical Committee serves the limited purposes set forth above and shall be dissolved once the specific tasks set forth in this Update have been completed. Attendance at meetings may be in person, by telephone, by video conference, or by any ot her means agreed to by a majority of the Parties’ representatives.
2. Decisions of Technical Committee: A mini mum of 7 representatives shall constitute a quorum which shall be necessary for the Te chnical Committee to take action at any meeting.
The Parties expect and intend those decisions of the Technical Committee will be made by unanimous agreement of the representatives present at the meetings, except that in the event of disagr eement over any decision, the representatives present will vote to resolve the disagreement, with eac h representative having one vote, and the vote of the majority of representatives pr esent will be the decis ion of the Technical Committee.
If a decision cannot be made by consensus or majority vote, as described above, then a meeting will be held between the representatives listed in Exhibit A to resolve the disagreement.
3. Selection of Consultant: Sacramento will act as the lead agency in selecting and contracting with one or more consultant s to complete the Update and prepare technical memoranda related to the Update but not included in it. Selection will be in accordance with standard City of Sacrament o consultant selection procedures.
Sacramento’s professional services agreement will require the consultant to: (a) carry professional liability insur ance; and (b) name the other parties to this MOU as additional insureds, and indemnify the other par ties to this MOU, to the same extent that the consultant is r equired to name Sacramento as an additional insured and indemnify Sacramento. At any Party’s request, Sacramento shall provide a copy of any agreement, procedure, or other related material, whether draft or final.
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 3 of 21 of the American River Watershed Area
4. Cost Sharing, Invoices: Sacramento will be responsible for administering all contracts for consultant services to perform the Update and to prepare technical memoranda related to the Update but not included in it. It is understood and agreed, however, the Parties shall each pay a percentage of the contract amount. The Parties also shall share project management costs incurred by Sacramento for activities of mutual benefit to the Parties, such as cont ract management, agency coordination, and oversight of the consultan t, in a total amount not to exceed $10,000. The Parties’ percentage shares for the consultant contract(s) and for t he Sacramento project management costs for activities related to the Update and any technical memoranda related to the Update but not included in i t, as well as the not-to-exceed amounts are set forth in Exhibit B, attached hereto and incorporated by this reference.
Consistent with Exhibit B, (i) the estima ted project costs for the Update and any technical memoranda related to the Update but not included in it, including the project management costs described above, are appr oximately $222,200; and (ii) this MOU provides for an additional $28,000 to provi de a contingency for unforeseen additional costs and a reasonable range of potential consultant costs for the Update.
Sacramento will invoice the ot her Parties in arrears fo r consultant and project management costs. Within 45 days of invoice(s) receipt each Party shall remit its percentage share of the invoice(s) to reimburse Sacramento for payment of the consultant and project management costs. Sacramento will make all reasonable efforts to provide invoices on a quarterly basis.
Copies of consultant invoices will be distributed to the Technical Committee representatives at the time of invoicing for partner agency cost share, or upon request at any time. In the event one or more Parties believe an invoice should not be paid in whole or in part, the dispute shall be resolv ed by the Technical Committee as set forth in Section 2 herein.
The Parties agree to exercise good faith and diligence in the resolution of any disputed invoice amounts; provided, however, that notwithstandi ng any provision contained herein (except Section 5 of this MOU), Sacramento shall be reimbursed by each of the other Parties for their respective percent age share of any and all money ultimately paid to the consultant by Sacramento and project management costs incurred by Sacramento, subject to the provisions of th is Section 4 and the pr ice ceiling specified in Section 5.
The Parties’ percentage shares set forth in Exhibit B may only be changed by amendment to this MOU as provided in Section 9, below.
5. Price Ceiling: In no case shall the total costs shared pursuant to Section 4 of this MOU exceed $250,200, except by amendment of this MOU. This price ceiling shall not apply to costs for supplemental tasks requested and agreed to by, and for the City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 4 of 21 of the American River Watershed Area
benefit of, fewer than all of the agencies listed on Exhibi t B. Any supplemental tasks will be provided for and agreed to by separ ate written agreem ent. The Scope, Schedule, and Budget Summary for the Update and for technical memoranda related to the Update but not included in it is set forth in in row A of Exhibit C, attached hereto and incorporated by this reference.
6. Additional Cost Sharing: Based on the results of the U pdate, the Parties may wish to share in the costs of optional joint source water protection follow-up activities. By way of example only, the Parties may wish to agree to:
Watershed activities of mutual interest that benefits all parties to this MOU.
Watershed activities on the Lower Amer ican River that benefits CWD, Sacramento, EBMUD, GSWC, and SCWA.
Watershed activities that benefit EBMUD and SCWA.
Participation in such activities shall be at the option of each Party, and for participating Parties such activities shall be conducted, and costs shall be sh ared as provided in this Section 6. For these activities, Sa cramento will contract wit h the consultant(s) performing such activities and will provide project management and direction to such consultant(s), with input from the par ticipating Parties’ Technical Committee representatives. Sacramento shall provide the participating Parties a proposed budget for these activities on an annual basis. A Party’s participation in such activities shall be confirmed in writing by the participating Party’s Technical Committee representative after receipt of the proposed annual budget. The costs of each such activity will be split evenly among the participating agencies that benefit from such activity.
The Scope, Schedule, and Budget Summary fo r the optional joint source water protection follow-up activities are set fort h in rows B through F of Exhibit C.
Notwithstanding any other provision of this MOU, and consistent with Exhibit C, no participating Party shall be required to pay more than $30,000 during a fiscal year for its share of all optional joint source water protection follow-up activities under this Section 6, except as may be otherwise agr eed in writing by each such participating Party. If requested by Sacrament o, the Parties participating in an optional joint source water protection follow-up activity will ea ch pay an equal share of the cost of Sacramento’s project management services for such activity, provided that such cost share shall not exceed $600 per participating Pa rty for any given optional joint source water protection follow-up activity, except as may be otherwise agreed in writing by each such participating Party.
Sacramento will invoice in arrears the Parties participating in such additional activities for each Party’s share of the applicable c onsultant and project management costs.
Within 45 days of invoice receipt, each participating Party shall remit its payment of the invoice, to reimburse Sacramento for paym ent of consultant and project management City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 5 of 21 of the American River Watershed Area
costs. Sacramento will make al l reasonable efforts to provide the invoices on a quarterly basis.
Copies of consultant invoices will be distributed to the participating Parties’ Technical Committee representatives on a quarterly basis , or upon request at any time. In the event one or more participat ing Parties believe an invoice should not be paid in whole or in part, the dispute shall be resolved by the participating Parties’ Technical Committee representatives, as set forth in Section 2 herein.
The Parties agree to exercise good faith and diligence in the resolution of any disputed invoice amounts; provided, however, that notwithstandi ng any provision contained herein, Sacramento sha ll be reimbursed by each of the ot her participating Parties for their respective share of any and all money ultimately paid to the consultant(s) by Sacramento for the performance of additional activities and project management costs incurred by Sacramento, subject to the provisions of this Section 6.
7. Notices: Any invoice, payment, notice or other written communication related to this MOU will be provided to those representatives identified on Exhibit A.
8. Term of MOU: This MOU s hall be effective as of the date it is signed by all Parties and shall remain in effect until a new MO U is in place for the 2028 update to the American River watershed sanitary survey, until all services and contracts covered by this MOU have been completed and perform ed and all payments required under this MOU have been made, or until terminated by the mutual written agreement of all Parties, whichever occurs first.
9. Amendments: Any amendments to this MOU must be in writing and executed by all Parties.
10. Counterparts: This MOU may be executed by the Parties in separate counterparts, each of which when so executed and delivered to Sacramento shall be an original, but all such counterparts shall t ogether constitute but one and t he same instrument. After all Parties’ signature pages are returned to Sacramento, copies of the complete MOU will be mailed to each Party.
11. General Provisions: Ea ch Party understands and agrees that there is no agency or joint venture relationship between the Part ies. It is further understood and agreed by the Parties that notwithstanding anything contained herein, the employees of each Party shall continue to be entirely and exclusively under the direction, supervision, and control of the employing Party.
With the exception of the agreed cost s haring of Sacramento project management costs, each Party understands and agrees that any internal, in-house or administrative costs or expenses incurred by any Party rela ted to that Party’s obligations under this MOU shall be the sole responsibility of the Party incurring the costs and expenses.
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 6 of 21 of the American River Watershed Area
The Parties understand and agree that this MOU creates rights and obligations solely between the Parties and is not intended to benefit any other person or entity. No provision of this MOU shall in any way inure to the benefit of any person or entity not a party to this MOU so as to make such person or entity a third‐party beneficiary of this MOU or any of its terms.
If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, but only to the extent that the intent of the Parties can be effectuated without the provision or provisions held invalid, void, or unenforceable.
The waiver by any Party to this MOU of any requirement, condition or provision of this MOU shall not be deemed a waiver of any subsequent breach of that or any other requirement, condition, or provision of this MOU.
The Parties represent that the undersigned individuals executing this MOU on their respective behalf are fully authorized to do so by law or other appropriate instrument and to bind the Parties to the obligations set forth herein.
This instrument and any attachments heret o constitute the entire MOU between the Parties concerning the subject matter hereof.
************************************
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 7 of 21 of the American River Watershed Area
CARMICHAEL WATER DISTRICT (CWD)
Date: ____________________________ By : _______________________________ Cathy Lee, General Manager
A T T E S T :
__________________________________
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 8 of 21 of the American River Watershed Area
CITY OF FOLSOM (Folsom)
Date: ____________________________ By: ___________________________ Elaine Andersen, City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
_________________________________ _______________ ________________ Marcus Yasutake Steven Wang, City Attorney
Environmental and Water Resources Director
ATTEST: FUNDING AVAILABLE:
_________________________________ _______________ ________________ Christa Freemantle, City Clerk Stacey Tamagni, Finance Director
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 9 of 21 of the American River Watershed Area
CITY OF ROSEVILLE (Roseville)
Date: __________________________ By: ___________________________ Dominick Casey, City Manager
APPROVED AS TO SUBSTANCE:
___________________________
Richard D. Plecker, P.E.
Environmental Utilities Director
ATTEST: APP ROVED AS TO FORM:
________________________________ _______________ ________________ Sonia Orozco, City Clerk Mic helle Sheidenberger, City Attorney City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 10 of 21 of the American River Watershed Area
CITY OF SACRAMENTO (Sacramento)
Date: ____________________________ By: ___________________________ William O. Busath, Director
ATTEST: APP ROVED AS TO FORM:
__________________________________ _______________ ________________ T i t l e T i t l e
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 11 of 21 of the American River Watershed Area
EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD)
Date: ____________________________ By: ___________________________ David A. Briggs, P.E., Ph.D.
Direc tor of Operations and Maintenance
APPROVED AS TO FORM:
By: _____
for the Office of the General Counsel
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 12 of 21 of the American River Watershed Area
EL DORADO IRRIGATION DISTRICT (EID)
Date: ____________________________ By: ___________________________ Jim Abercrombie, General Manager
APPROVED AS TO FORM:
_______________________________
Office of General Counsel
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 13 of 21 of the American River Watershed Area
FOLSOM STATE PRISON (FSP)
Date: ___________________________ By: ___________________________ Jamie Moss, Chief
Contracts Management Branch
ATTEST: APPROVED AS TO FORM:
_________________________________ _______________ ________________ T i t l e T i t l e
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 14 of 21 of the American River Watershed Area
GEORGETOWN DIVIDE PUBLIC UTILITY DISTRICT (GDPUD)
Date: ____________________________ By: ___________________________ A dam Coyan, General Manager
A T T E S T :
__________________________________
T i t l e
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 15 of 21 of the American River Watershed Area
GOLDEN STATE WATER COMPANY (GSWC)
Date: ____________________________ By: ___________________________ Paul Schubert, General Manager
A T T E S T :
__________________________________
T i t l e
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 16 of 21 of the American River Watershed Area
PLACER COUNTY WATER AGENCY (PCWA)
Date: _________________ By: __________________________________ Jeremy Shepard, Director of Technical Services
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 17 of 21 of the American River Watershed Area
SACRAMENTO COUNTY WATER AGENCY (SCWA)
Date: ____________________________ By: ___________________________ Mi chael L. Peterson, Director
ATTEST: APP ROVED AS TO FORM:
__________________________________ _______________ ________________ T i t l e T i t l e
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 18 of 21 of the American River Watershed Area
SAN JUAN WATER DISTRICT (SJWD)
Date: ____________________________ By: ___________________________ Tony Barela, Operations Manager
ATTEST: APP ROVED AS TO FORM:
__________________________________ _______________ ________________ T i t l e T i t l e
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope of Work
Agreement Number C5610570
Exhibit A
Memorandum of Understanding 2023 Sanitary Survey Update Page 19 of 21 of the American River Watershed Area
Exhibit A
American River Watershed Sanitary Survey 2023 Update - Representatives
Mr. Cathy Lee
General Manager
Carmichael Water District
7837 Fair Oaks Blvd
Carmichael, CA 95608
(916) 483-2452
[email protected]
Mr. Marcus Yasutake
Environmental and Water Resources Director
City of Folsom
50 Natoma Street
Folsom, CA 95630
(916) 461-6161
[email protected]
Mr. Richard D. Plecker
Director of Environmental Utilities
City of Roseville
Environmental Utilities Department
2005 Hilltop Circle
Roseville, CA 95747
(916) 774-5714
[email protected]
Mr. Tony Bertrand
Engineering & Water Resources Division Manager
City of Sacramento
Department of Utilities
1395 35
th Avenue
Sacramento, CA 95822
(916) 808-1461
[email protected]
David A. Briggs, P.E., Ph.D.
Director of Operations and Maintenance
East Bay Municipal Utility District
POB 24055, MS 606
Oakland, CA 94607-4240
[email protected]
Mr. Jim Abercrombie
General Manager
El Dorado Irrigation District
2890 Mosquito Road
Placerville, CA 95667
(530) 622-4513
[email protected]
Mr. John Heckman
Associate Warden Business Services
P.O. Box 910
Folsom, CA 95673
(916)985-2561
[email protected]
Mr. Adam Coyan
General Manager
Georgetown Divide PUD
6425 Main Street
Georgetown Ca 95634
530-333-4356
[email protected]
Mr. Paul T. Schubert
General Manager
Golden State Water Company
3005 Gold Canal Drive
Rancho Cordova, CA 95670
(916) 853-3636
[email protected]
Mr. Jeremy Shepard
Director of Technical Services
Placer County Water Agency
POB 6570
Auburn, CA 95604
(530) 823-2066
[email protected]
Mr. Michael L. Peterson
Director
Sacramento County Water Agency
827 7
th Street, Room 301
Sacramento, CA 95816
(916) 874-6851
[email protected]
Mr. Tony Barela
Operations Manager
San Juan Water District
9935 Auburn-Folsom Road
Granite Bay, CA 95746
(916) 791-0115
[email protected]
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) American River Watershed Sanitary 2023 Update - Representatives Agreement Number C5610570
Exhibit A-1
Memorandum of Understanding 2023 Sanitary Survey Update Page 20 of 21 of the American River Watershed Area
Exhibit B
American River Watershed Sanitary Survey 2023 Update
Watershed Sanitary Survey Cost Sharing
Participating
Agencies
Cost Share (%)
Not to Exceed
Amount for
Sharing Costs of
Watershed
Sanitary Survey
Not to
Exceed
Amount for
Sharing
Costs of
Technical
Memoranda
(c)
Project Management
(Consultant and
Sacramento), and
Watershed Evaluation,
Water Quality Review,
Report Preparation
(Consultant)
(a)
Compliance
Evaluation
(Consultant)
(b)
CWD 8.33 10 $19,595 $2,000
City of Folsom 8.34 10 $19,610 $2,000
City of Roseville 8.34 10 $19,610 $2,000
City of
Sacramento
8.34 10 $19,610 $2,000
EBMUD 8.33 ----- $15,095 $2,000
EID 8.33 10 $19,595 $2,000
FSP 8.33 10 $19,595 $2,000
GDPUD 8.33 10 $19,595 $2,000
GSWC 8.33 10 $19,595 $2,000
PCWA 8.33 10 $19,595 $2,000
SCWA 8.33 ----- $15,095 $2,000
SJWD 8.34 10 $19,610 $2,000
Footnotes:
(a) Equal shares for consultant costs (for project management, watershed evaluation, water quality review, and report preparation), and for City of Sacramento project management costs. (b) Compliance evaluation costs split between ten participating agencies with intakes in the American River watershed.
(c) Cost sharing for technical memoranda related to t he watershed sanitary survey but not included in it will be shared equally by those agencies that benefit from the technical memoranda. Additional funding may be approved and provided by any agency for specific additional services provided for that agency.
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Watershed Sanitary Survey Cost Sharing
Agreement Number C5610570
Exhibit A-2
Memorandum of Understanding 2023 Sanitary Survey Update Page 21 of 21 of the American River Watershed Area
Exhibit C
American River Watershed Sanita
ry Survey 2023 Update
Scope, Schedule, and Budget Summary
Item Task Schedule (a), (b) Not to Exceed
Amount Per
Partner (c
)
A American River Watershed Sanitary
Survey 2
023 Update; Related Technical
Memoranda
August 2022-
approximately June
2024
See Exhibit B
B Optional source water p
rotection
follow-up activities, including those
related to the American River Joint
Source Water Protection Program
(JSWP) and Keep Our Waters Clean
(KOWC) FY2024
July 2023-June 2024 $30,000
C Optional source water p
rotection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2025
July 2024-June 2025 $30,000
D Optional source water p
rotection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2026
July 2025-June 2026 $30,000
E Optional source water p
rotection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2027
July 2026-June 2027 $30,000
F Optional source water p
rotection
follow-up activities, including those
related to the American River JSWP and
KOWC FY2028
July 2027-June 2028 $30,000
Footnotes:
(a) Additional ye
ars for the optional source water protection follow-up activities will be covered by this MOU until a new MOU is in place for the 2028 update to the American River Watershed Sanitary Survey. (b) Annual source water protection work may need to be completed after June of each year. (c) $30,000 is the annual ceiling cost per participating Partner for Items B-F, plus cost share of program management cost at option of City of Sacramento. A Party shall not be required to participate in cost sharing for Items B through F unless and until the Party’s representative confirms the Party’s participation and financial commitment in writing.
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Scope, Schedule and Budget Summary
Agreement Number C5610570
Exhibit A-3
City of Sacramento – Department of Utilities Agreement Number C5610570 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 quarterly in arrears to the address provided below.
c. The Contractor also has the option to submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above.
To submit invoices by mail f or Institution s, DJJ Facilities , DJJ Headquarters, and Board of Parole Hearing contracts:
California Department of Corrections and Rehabilitation (CDCR) ASB - Sacramento
Attention: Accounts Payable B
P.O. Box 187016
Sacramento, CA 95818-7016
For electronic submission, send invoices to:
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 Agree ment amendment to Contractor to reflect the reduced amount.
City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.
4. Subcontractors
Nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor’s responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either dire ctly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
5. Advanced Payment for Non-Profit Organizations
Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty five percent (25%) of the annual budget for each fiscal year. The CDCR will review and determine the need for an advance payment using the criteria contained in the department’s procedures for advance payments to Community-Based, Private, Non -Profit Organizations, CDCR shall recover one -twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each fiscal year of the agreement.
6. City/County Rate Increase
It is understood that the city/county may regulate some or all of the Contractor’s rates for services. In the event the city/county increases the rates that directly affect the services provided in this Agreement, the Contractor may, once during the term of the Agreement, request from the State an increase in the rates stated in this Agreement. The Contractor must submit a written request to the State with a copy of the resolution from the city/county listing the prior rates and new rates and effective date of the new rates.
City of Sacramento - Department of Utilities
California Department of Corrections and Rehabilitation (CDCR) Rate Sheet
Agreement Number C5610570
Exhibit B-1
FISCAL YEARS
2022/2023
2023/2024
2024/2025
2025/2026
2026/2027
TOTAL SUM OF ALL FISCAL YEARS
AMERICAN RIVER WATERSHED SANITARY SURVEY 2023 UPDATE
ESTIMATED TOTAL FOR EACH FISCAL YEAR
$5,000.00
$10,000.00
$5,000.00
$5,000.00
$5,000.00
$30,000.00
City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
1. Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of Exhibit C)
As a condition precedent to Contractor’s right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor’s failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies.
Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor’s failure to diligently proceed shall constitute a material breach of the Agreement.
The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper.
A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California.
2. Confidentiality of Data
All financial, statistical, personal, technical and other data and information relating to State’s operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in orde r 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 Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
3. Accounting Principles
The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit.
4. Taxes
Unless required by law, the State of California is exempt from federal excise taxes.
5. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C)
The parties hereto agree that either party may cancel this Agreement by giving the other party written notice thirty (30) days in advance of the effective date of such cancellation. In the event of such termination, the State agrees to pay Contractor for actual services rendered up to and including the date of termination.
The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
6. Contract Suspension
Notwithstanding any other provisions of this Agreement, pursuant to a Governor’s Executive Order or equivalent directive, such as a cour t 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) su bject 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 A greement 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 resp onsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify the CDCR of the incident(s), to cause an investiga tion to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to inmates/parolees and the associated staff; c) access t o employee personnel records; d) that information City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
reasonably necessary to assure CDCR that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or parolees at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subco ntracts, 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 Cont ractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects.
12. Temporary Nonperformance
If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the wo rk 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 City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
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 o r 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.
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 City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
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. Genera lly, 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 capaci ty 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 a gency, 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.
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 auth orized in writing by CDCR. In addition, the Contractor shall not (either City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
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 cr eate 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 ow ned (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 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. Travel
Contractor’s rates shall include all travel expenses required to perform services in accordance with this contract.
City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
18. 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.
19. Security Clearance/Fingerprinting
The State reserves the right to conduct fingerpri nting 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.
20. 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.
21. 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.
22. 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.
23. 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.
City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
24. Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known made by any inmate or parolee which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State.
25. Additional Disclosure
Neither the State nor any State employee will be liable to the Contract or 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, i ts 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.
26. 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’ compe nsation 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 Co ntractor’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 perfor mance of this agreement.
27. 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 City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
coverage. The following shall be considered evidence of coverage: A certificate of insurance, a “true and certified” copy of the policy, or any other proof of coverage issued by Contractor’s insurance carrier. Binders are not acceptable as evidence of co verage.
Providing evidence of coverage to the State conveys no rights or privileges to the State, nor does it insure any State employee or insure any premises owned, leased, used by or otherwise or under the control of the State. It does, however, serve to provide the State with proof that the Contractor and any subcontractors are insured at the minimum levels required by the State of California.
Contractor agrees that any liability insurance required in the performance of this Agreement shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled during the term of this Agreement, Contractor shall provide the State within five (5) business days of receipt by contractor a copy of any notice of cancellation or non-renewal of insurance required by the contract. Evidence of coverage required in the performance of this Agreement shall not be for less than the remainder of the term of this Agreement or for a period of not less than one year. The State and the Department of General Services (DGS) reserve the right to verify the Contractor’s evidence of coverage; evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails to keep insurance coverage as required herein in effect at all times, the State reserves the right to terminate this Agreement and to seek any other remedies afforded by the laws of the State of California.
Contractor hereby represents and warrants they (and any subcontractors) are currently and shall for the duration of this Agreement be insured . Contractor shall provide proof of self- insurance against:
Commercial General Liability - $1,000,000 per occurrence for bodily injury and property damage.
28. Tuberculosis (TB) Testing
In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community-based program, Contractors and their employees who are assigned to work with, near, or around inmates/parolees shall be required to be examined and tested or medically evaluated by a licensed healthcare provider for TB in an infectious or contagious stage prior to the performance of contracted duties, and at least once a year thereafter (within 12 months of their initial or previous TB test under this contract), or more often as directed by CDCR.
Contractors and their employees who have any contact (physical or nonphysical) with inmates/parolees, shall be required to furnish to the CDCR Program/Ins titution Contract Manager, at no cost to CDCR, a documented Tuberculosis (TB) evaluation/test for TB infection (Tuberculin Skin Test (TST) or a blood test Interferon Gamma Release Assay (IGRA) completed within (30) thirty days of the start date of the services and be certified to be free of TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming their contracted duties and annually thereafter.
City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
The following provisions apply to services provided on departmental and/or institution grounds:
29. Blood borne Pathogens
Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to blood borne pathogens.
30. Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates and Division of Juvenile Justice Wards
Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around inmates who are incarcerated, or wards who are housed within California’s institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates or wards. The following is a summation of pertinent information when non - departmental employees come in contact with prison inmates or wards.
By signing this contract, the Contractor agrees that if the provisions of the contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates or wards:
a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide b y all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates or wards.
Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps.
SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415, and California Welfare and Institutions Code (WIC) Section 1712.
b. CDCR does not recognize hostages for bargaining purposes. CDCR has a “NO HOSTAGE” policy and all prison inmates, wards, visitors, and employees shall be made aware of this.
SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and 4603; WIC Section 1712.
c. All persons entering onto institution/facility or camp grounds consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises.
SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, 3288, 4696, and 4697: WIC 1712.
d. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Director, Warden, and/or Regional Parole Administrator.
SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176 (a) and 4696; City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
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, na rcotics, 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, 45 50, 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 t o give or receive any type of gift and/or gratuities from prison inmates or wards.
SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, 3425 and 4045; WIC Section 1712.
h. In an emergency situation the visiting program an d 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 i n 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).
City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
31. Clothing Restrictions
While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in cloth ing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is inmate attire. Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance.
32. 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.
33. 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 t he confinement of our inmates, you and your staff are required to adopt and comply with the PREA standards, 28 Code of Federal Regulations (CFR) Part 115 and with CDCR’s Department Operations Manual, Chapter 5, Article 44, including updates to this policy. This will include CDCR staff and outside audit personnel (who also conduct PREA audits of state prisons) conducting audits to ensure compliance with the standards.
As a Contractor with CDCR, you shall not assign an employee to a CDCR facility or assign an employee to duties if that employee will have contact with CDCR inmates, if that employee has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described in this section.
The Contractor shall conduct a criminal background records check for each contract employee who will have contact with CDCR inmates and retain the results for audit purposes. By signing this contract the Contractor agrees to ensure that all of the mandates of this Section 5: Prison Rape Elimination Policy are complied with. Material omissions, by the contract employee, regarding such misconduct or the provision of mater ially false City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
information, shall be grounds for removal from institutional grounds.
Contract employees, who have contact with inmates, shall be provided training via the Exhibit titled; “PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational Sheet” t o learn their responsibilities under the agency’s sexual abuse and sexual harassment prevention, detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the institution before a contract employee may have contact with inmates.
Any contract employee who appears to have engaged in sexual misconduct of an inmate shall be prohibited from contact with inmates and shall be subject to administrative and/or criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly not criminal. Reportable information shall be sent to relevant licensing bodies.
34. Security Regulations
a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor’s employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor’s parking lot. Contractor, Contractor’s employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds.
b. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise.
c. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor’s loss due to fire.
d. Due to security procedures, the Contractor, Contractor’s employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in and out of the institution gates and sally ports shall be borne by the Contractor.
e. Contractor, Contractor’s employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities.
f. Electronic and communicative devices such as pagers, cell phones and cameras/microcameras are not permitted on institution grounds.
g. Contractor, Contractor’s emplo yees and subcontractors shall not cause undue interference with the operations of the institution.
h. No picketing is allowed on State property.
City of Sacramento – Department of Utilities Agreement Number C5610570 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements
35. 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 clearanc e 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 Sacramento – Department of Utilities Agreement Number C5610570 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
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 of fenders 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. • Taking responsibility for your own behavior.
City of Sacramento – Department of Utilities Agreement Number C5610570 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
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 Sacramento – Department of Utilities Agreement Number C5610570 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
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 misrepresentatio ns, 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 a nd Rehabilitation will be discontinued and my contract employer will be notified.
Date
:
Signature:
Printed
Name:
Date:
Facility/County Name: