HomeMy WebLinkAbout2006/10/24 Item 16
Item No /{p
Meeting Date 10/24/2006
COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT FOR JAIL SERVICES WITH THE
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
AND APPROPRIATING FUNDS TO THE FY 2007 POLICE
DEPARTMENT SUPPLIES AND SERVICES BUDGET BASED
UPON UNANTICIPATED REVENUES
SUBMITTED BY: Chief of pOlice~ /ii~ U~
REVIEWED BY: City Manager J 1 (4/5ths Vote: Yes X No _ )
The Police Department has negotiated an agreement with the State of California
Department of Corrections, Division of Adult Parole Operations to house up to 24 State
inmates who will be participating in the In Custody Drug Treatment Program (ICDTP).
RECOMMENDATION:
That Council adopts the resolution as follows:
. Authorizing the Mayor to execute an agreement forjail services with the State of
California Department of Corrections; and
. Appropriating $400,046 to the FY 07 Police Department Supplies and Services
budget based upon unanticipated revenues.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION
Because of the significant delays in securing a contract with Federal law enforcement
agencies, staff from the Department have been seeking alternative methods to secure
revenue to the Chula Vista Holding Facility (CVHF). One opportunity that just recently
became available was a contract with the Division of Adult Parole Operations (DAPO)
for the State of California Department of Corrections and Rehabilitation.
As a result of a recent Court decision (Valdivia v. Schwarzeneggar), the State was
required to implement an /n Custody Drug Treatment Program (ICDTP).
Representatives from DAPO contacted the CVHF to inquire about the Department's
ability to become a partner with DAPO to conduct ICDTP for the State of California,
Region IV at the CVHF.
The ICDTP is intended for parolees who have committed violations as a result of drug
or alcohol related dependency andlor have a need for a period of confinement and
treatment to get their substance abuse under control. The ICDTP components include a
60-day in-custody, educationally based, drug treatment program, immediately followed
by a mandatory 30-day residential aftercare treatment program which then transitions
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into a 60-day community based treatment phase. The parolees in this program are non-
violent offenders.
Representatives from DAPO met with the Police Department staff to examine the facility
and start negotiations on bringing an ICDTP to the CVHF. There were only a couple of
issues that needed to be addressed:
1) The number of parolees in the program
2) Changing from a Type I holding facility to a Type II holding facility
3) Identification of a room to hold daily drug treatment program classes
4) Segregation of ICDTP inmates from general population
In addressing these issues, staff developed the following solutions which have all been
accepted by DAPO:
1) BEDSPACE - In order to keep an appropriate number of beds available for
regular prisoners, the ICDTP program will house as many as 24 parolees at
any given time. This will allow Officers to continue to book Chula Vista
prisoners into the remaining 24 beds. This is an adequate number of beds as
the CVHF currently averages 15 occupied beds per day. As the number of
regular prisoners increases in the coming years, the ICDTP will be scaled
back to meet the bed needs of Chula Vista. During the contract period, if the
number of incoming regular prisoners increases beyond the available 24
beds, CVPD Officers will book the overflow prisoners into the Central Jail in
San Diego.
2) JAIL MODIFICATIONS - The CVHF is currently rated as a Type I holding
facility, which means that it is only rated to hold prisoners up to 96 hours.
Because the ICDTP requires inmates to be incarcerated for up to 60 days, the
CVHF will need to be converted into a Type II holding facility. This will require
minor capital improvements to the facility including:
a. adding seating and tables to each cell;
b. adding additional security cameras;
c. converting one of the "sober" cells into a regular cell for two prisoners; and
d. establishing an area for prisoners to have recreation opportunities as well
as having a "day room".
These modifications are minor and will be covered by funds from the first year
of the contract. These enhancements will increase the number of beds in the
CVHF from 46 to 48. As a result, at least half of the facility will be available for
CVPD bookings. The Correctional Standards Authority (formerly known as the
Board of Corrections) has approved CVPD's plan for transitioning to a Type II
holding facility.
3) JAIL CLASSROOM - Since the CVHF utilizes a professional food service
vendor for jail food, the CVHF kitchen will be converted into a classroom and
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Meeting Date 10/24/2006
day room. This will allow the ICDTP to hold daily classes, as well as serve as
a day room which is required for Type II holding facilities. The day room will
be an area where inmates will be able to go to do reading and generally
spend time outside of their jail cell.
4) PRISONER SEPARATION - The ICDTP requires that all participants in the
program be segregated from the regular CVHF population. This will be
accomplished through the classification system process completed with each
prisoner prior to placement into the facility, including having ICDTP
participants wearing different colored jail clothing. Currently, regular prisoners
in the CVHF wear bright orange overalls. ICDTP participants will wear bright
blue colored overalls. They will also be held entirely in one half of the CVHF
and not be commingled with regular prisoners during break/recreation
periods.
As the only facility in Region IV (comprised of Orange County, San Diego County and
Imperial County) to host such a program, CVPD will be assisting the criminal justice
system to reduce overcrowding as well as providing much needed treatment programs
in order to reduce the recidivism rate for criminals with dependency problems. The State
is actively seeking additional bed space throughout California due to the success of the
ICDTP in other regions. Because of this success, the State of California has put
significant emphasis on expanding this project and Chula Vista will provide much
needed leadership in Region IV. The ICDTP will begin on December 1, 2007.
The total value of this five-year agreement with the State of California will exceed $3.1
million over the life of the contract. The Department will be able to submit contract
increases in order to offset any increases in the cost to provide services to this contract
(subject to State of California approval).
STATE BOOKING FEE REIMBURSEMENT
The Governor recently signed legislation that has temporarily restored booking fee
reimbursement to Cities. This change in State funding will allow the City to receive
direct reimbursement for booking fees. The Department will utilize these
reimbursements to offset the cost of the transportation contract and booking fee costs
with the San Diego Sheriffs. Next fiscal year, the City will no longer be required to pay
booking fees/transportation costs to the County of San Diego. This will save
approximately $300,000 each year in booking fees and transportation costs.
JAIL TRANSPORT/FOOD CONTRACT
On August 23, 2005, the City Council approved Resolution 2005-291 which approved a
transportation and court security services agreement with the County of San Diego,
thereby starting operations as a TYPE I holding facility for the Chula Vista Police
Department. Council heard this item but was unable to appropriate the associated funds
because of the number of Council Members present at the meeting. This forced the
Department to delay seeking appropriations as enumerated in Resolution 2005-291,
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causing the Department to absorb the costs of the holding facility in the Department's
FY 2006 Supplies and Services budget. Staff from the Police Department consulted with
Office of Budget and Analysis staff and decided that because of the uncertainty of
Federal or State jail contracts and the uncertainty of the availability of State booking fee
reimbursements, the Department would further delay the needed appropriations until
these issues were resolved. With the ICDTP contract finalized and the availability of
State booking fee reimbursements, the Department requests appropriations at this time
to properly fund the transportation agreement with the County of San Diego and to also
fund the maintenance agreement for the jail management software. These
appropriations will be fully offset by State Booking Fee reimbursement revenues. These
appropriations are detailed below in the Fiscal Impact section of this report.
The Department will 'also need to appropriate additional funds for jail food for the
increased number of prisoners as a result of the ICDTP contract. This appropriation will
be fully offset by ICDTP contract revenue. These appropriations are detailed below in
the Fiscal Impact section of this report.
DECISION MAKER CONFLICT
Conflict
Staff has reviewed the property holdings of the City Council and has found a conflict
exists, in that City Council Member Steve Castaneda has property holdings within 500
feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT
The total value for this contract will be approximately $3.1 million over five years. Staff
will be able to apply for periodic contract increases based upon increases in jail costs
(salary/benefit increases). The anticipated revenue from this contract in FY 2007 will be
$402,733. This projection is based upon a 90% occupancy rate (of the 24 beds) over
the life of the contract. In FY 2008, the anticipated revenue will increase to $565,000.
To implement this contract, the Department is requesting an appropriation of $141,400,
including a one-time expenditure of $75,000 for minor improvements to the CVHF and
$66,400 for the additionallCDTP jail food services in FY 2007 with an ongoing expense
of $114,318. These appropriations will be fully offset by the value of the ICDTP contract.
The Department is also seeking an appropriation of $258,646 ($230,400 one-time
appropriation) to address issues detailed in the Departments report to Council on
August 23,2005 (Reso. 2005-291). These appropriations are for the City's contract with
the San Diego County Sheriffs Department for transportation and the yearly
maintenance agreement for automated jail management software. These appropriations
will be fully offset by the State booking fee reimbursement. Next fiscal year, the City will
no longer be required to pay booking fees/transportation costs to the County of San
Diego. This will save approximately $300,000 each year in booking fees and
transportation costs.
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Item No I ~
Meeting Date 10/24/2006
FY 2007 Antici ated Jail Contract Reimbursement Revenues
Booking Fee's-
State Subvention $0
ICDTP State
Contract $184,396
$305,000
$402,733
$258,646
$141,400
$46,354
$76,937
$123,291
The additional $123,291 will be utilized to offset anticipated shortfalls in booking fee
revenue resulting from the Department's inability to book misdemeanants because of
South Bay Courts insistence that they could not handle the increased workload and the
lower than anticipated collection rate of booking fees. The Department has worked
extensively with the Attorney's Office and Finance Department to institute new collection
procedures to improve the collection rate.
ATTACHMENTS:
. Contract with Division of Adult Parole Operations (DAPO) for the State of
California Department of Corrections and Rehabilitation
. Staff Report for Resolution 2005-291
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Item No
Meeting Date 08/23/2005
COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION APPROVING A CONTRACT FOR TRANSPORTATION
AND COURT SECURITY SERVICES WITH THE SAN DIEGO COUNTY
SHERIFFS DEPARTMENT AND AMENDING THE MASTER FEE SCHEDULE
TO UPDATE THE BOOKING FEE DEFINITION.
SUBMITTED BY: Chief of Police
REVIEWED BY:
City Manager
(4/5ths Vote: Yes_ No ..x..)
The Police Department and the San Diego County Sheriffs Department have reached a services
contract agreement for the provision of City inmate court related transportation and security services.
The contract allows the Chula Vista City Jail to begin operating as a Type 1 facility, retaining prisoners
until their scheduled arraignment and freeing officers from the majority of prisoner transportation
requirements. The contract is a standard two party agreement that has been approved as to form by
the City Attorney.
RECOMMENDATION:
That Council approves the contract for services with the San Diego County Sheriffs Department for
transportation and court security services for prisoners from the Chula Vista Police Department and
update the Master Fee Schedule for Booking Fee's.
The Police Departrnent will return to Council at a later date with an additional resolution to appropriate
the funds required to facilitate the contract.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
BACKGROUND:
Prior to moving into the new police facility, the departrnent operated a three-cell temporary holding
facility which could hold a maximum of 6 inmates, staffed with five Police Services Officers (civilian)
and a minimum of two Police Agents (depending upon coverage needs). This temporary holding
facility was used to detain prisoners for up to eight hours prior to booking into County jail. Officers
provided transportation of the prisoners to County jail. It has been estimated that the equivalent of four
Police Officers time at a cost of $415,000 was spent each year in transporting prisoners to the County
jail. The department received booking fee revenues based upon legislation dating to 1998 from the
State of California of $269,192 each year in order to offset booking costs. The actual booking fees
averaged over the last three fiscal years has been $408,000 which has been paid to the County. As
the San Diego County Sheriff's Office was under court order to reduce crowding in their jail facilities,
only felony and high-risk rnisdemeanants are eligible to be booked into County jail.
When the design for the new police facility was taking place, department staff saw an opportunity to
build an on-site jail facility that would allow the department to not only hold felons and high-risk
misdemeanants, but also other misdemeanants who were involved in lesser crimes which affected the
quality of life in Chula Vista. The concept behind the design of the new jailing facility would be to
operate a Type I holding facility which would allow the department to book these lesser
misdemeanants into the facility and hold them for up to 96 hours prior to arraignment in court.
Although this would be the only facility of this nature in San Diego County, rnost agencies in Los
Angeles and Orange County operate Type I holding facilities very successfully.
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Item No
Meeting Date 08/23/2005
Based upon these successful models, the Police Department moved ahead with the design of a 46
bed holding facility which would allow the department increased enforcement opportunities and
greater access to prisoners by department detectives. The department also received inquiries from
both State and Federal law enforcement officials as to the possibility of contracting out bed space to
house State and Federal prisoners as well.
BOOKING PROCESS
In the old facility, when an officer made an arrest, the prisoner was brought into the police station and
placed into one of the three cells. While the prisoner was in the holding facility, officers would
complete the crime reports and a PSO or Police Agent would complete all the booking paperwork
required prior to transport to County jail. Once the paperwork was completed, the officer would then
place the prisoner in the back of his/her police car and transport the prisoner to one of the County jails
(Central Detention Facility in downtown San Diego for males, and Las Colinas in the City of Santee for
females). As was mentioned previously, it was estimated that the time required to transport prisoners
to County jail equated to approximately four Police Officers. This time was captured in the award
winning Patrol Staffing Model which is used to determine the appropriate number of officers needed
based upon a complicated formula capturing call-for-service data and a ratio of committed time to
proactive time.
The new facility was designed to eliminate the need for transporting most prisoners to County jail and
thus saving $415,000 in salary and benefits associated with the transport needs (violent felons and
those prisoners with medical problems would still be booked into County jail). The concept is to book
the prisoners into our Type I Holding facility where they would be held until their arraignment (up to 96
hours). On the day of arraignment, the San Diego County Sheriff's prisoner transport bus would pick
up the prisoners and transport them to South Bay Court. This would allow officers to quickly place the
prisoner into our facility and then return to the street. This saves approximately 90 minutes of officer
time per prisoner as compared with the old facility.
BOOKING FEES
The County of San Diego charges each law enforcement agency $154 per prisoner that is booked into
County jail. The State of California partially reimbursed law enforcement agencies with a booking fee
subvention each year. The City of Chula Vista's average booking fees paid to the County for the iast
three fiscal years was $408,000 per year and the State reimbursement was $269,192 each year.
After the City's budget deliberations were held this year, the Police Department learned that the State
of California has suspended the booking fee subvention to law enforcement agencies. This means
that the City will no longer receive the booking fee reimbursement from the State. This will result in the
loss of $269,192 in anticipated revenues for this and each fiscal year in the future. The State did enact
legislation that limited Counties from charging more than half of what is the actual cost of booking
prisoners. The County will continue to charge the $154 per prisoner booking fee this fiscal year, but
they may increase that amount next fiscal year to realize the full amount of half of the their cost of
booking prisoners into their jails.
As part of the department's original proposal to Council, authorization was given to charge individuals
a booking fee upon conviction to offset the cost of being booked in our holding facility. A fee of $175
was established that would be charged to all individuals who are subsequently convicted of a crime
associated with the original arrest and booking in our facility.
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Meeting Date 08/23/2005
BENEFITS OF A TYPE I HOLDING FACILITY
Operating a Type I holding facility is beneficial to both the police department and the Chula Vista
community. First, there are significant savings in officer time spent transporting prisoners to County
jail. It is estimated that the City would save $415,000 each year in officer salary/benefits by not having
to transport prisoners to County jail. This equates to four officers being able to devote time to fighting
crime rather than transporting prisoners each year. The Patrol Staffing Model has been modified in
anticipation of operating a Type I holding facility. This will mean focir fewer officers required as a result
of the staffing model results. Under the proposed contract, the San Diego County Sheriff's department
would handle almost all transportation of prisoners from our facility to South Bay court. CVPD would
still transport the small number of violent felons and prisoners with medical conditions to County jail.
Second, the new facility is designed to allow greater access to prisoners by detectives while in our
custody. Currently, if a detective wants to interview a prisoner once they have left our facility (usually
after four to six hours), they are required to go to the location that the prisoner is being held and
oftentimes wait long periods of time to actually talk with the prisoner. Further, the facilities available to
detectives at any of the County jail facilities are inadequate for effective prisoner interviews. The new
facility has eleven interview rooms designed specifically for detectives to be able to effectively
interview prisoners while in our custody. And since the prisoners are here for up to 96 hours (72 hours
on average), detectives can interview the prisoners multiple times within the convenience of the
station. In addition, each interview room is equipped with state-of-the-art video and audio recording
equipment allowing other detectives to observe the interviews in another room. This allows a team of
investigators to work together to effectively interview a suspect.
Third, this facility will allow for better utilization of Problem Oriented Policing strategy. State law allows
police to arrest and hold individuals who have committed misdemeanors and are likely to continue
their behavior after being cited. An example of this would be prostitution. Currently, if an officer stops
an individual for prostitution, they are most often cited and released because the offense does not rise
to the level for booking into County jail. The public can reasonably expect the arrestee to return to
their former criminal conduct in a short timeframe. It is not unusual for officers to repeat this cycle of
arrest-cite-release-arrest during their shift. With a Type I holding facility, the department can hold
individuals up to 96 hours then cite and release. This will have a significant impact on offender
sweeps and will allow officers the ability to make substantial impacts on key "quality of life" crimes.
JAIL SERVICES CONTRACTS
During construction of the new building, the department was approached by both Federal and State
law enforcement representatives regarding housing their prisoners in our facility. Based upon our
negotiations with these different agencies, the department estimated that upwards of $700,000 in
revenue could be generated from contracts to house these prisoners. However, the State
representatives have been delayed in their ability to contract with the department in light of the the
State budget. Federal agency representatives were also deterred due to significant reorganization
issues resulting from the creation of the Department of Homeland Security. Recent discussions with
representatives at the federal level indicate that they are ready to move ahead with the original plans
to house prisoners at our facility. According to these representatives, they are merely "waiting for
Washington to release the funds."
CH"
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Item No
Meeting Date 08/23/2005
DISCUSSION:
The department began negotiations with the County of San Diego for prisoner transport and security
at the South Bay Courthouse over a year and a half ago. One of the most significant sticking points
during the negotiations was the booking and transport of misdemeanants. Both the County and the
South Bay Court had serious concerns as to the number of misdemeanants that would be processed
through the system. For that reason, it was agreed that the City would not book misdemeanants into
the system for the initial six months of the contract. Because of this, the City will not be able to realize
the levels of revenues as was initially proposed. The following table details the change in revenue
projections based upon the new contract.
2006 2000 1960
2007 2200 2156
1 Conviction rate based upon County total conviction rates.
2Collection rate based upon State average of booking fee collection rates.
Under the current contract proposal, the City will continue to book only felony and certain serious
misdemeanants (e.g. domestic violence) during the first six months of the contract. Since this is a new
way of doing business for both the County and the Courts, the department will be analyzing detailed
arrest statistics which we believe will show that there will not be a significant increase in the daily
workload based upon the department booking misdemeanants. After the initial six months of the
contract have passed, the department will meet again with the County to further discuss introducing
misdemeanants into the system as was originally proposed.
The department will continue to book misdemeanants who are expected to return to their former
criminal conduct into the holding facility, but will not hold them over for arraignment. They will be
booked into the facility and will be released on their own recognizance after receiving a citation for
their criminal activity. This will assist officers in removing the suspect from the scene of the crime, and
will also more effectively document individuals into the criminal justice system. The following table
details the estimated number of these types of bookings for the next two fiscal years.
The contract sets out an annual fee of $53,911 for transportation services and an $80 per prisoner
court security services charge. This averages out to $110 per booking in comparison to the $154 that
we currently pay for direct booking into County facilities. This would equate to an estimated $198,000
charge to the City for these services rather than the average booking expense of $408,000. This is an
estimated $206,000 savings to the City in booking related fees. As was noted above, coupled with the
salary/benefit savings from not having to have officers transport prisoners to County jail, the total
savings is $621,000 each year to the City under this proposal.
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Item No
Meeting Date 08/23/2005
The table below details the revenues and expenditures (in FY 2006 dollars) associated with the jail
facility based upon four scenarios:
. The initial proposal presented to Council on January 13, 2004
. The modified proposal as a result of contract negotiations with the County
. What the cost to the City would be if the department had maintained a three jail cell facility and
same staffing as was in the old police facility
. What the cost to the City is if the department maintains the jail facility "as is" with a reduction in
staff (eliminate Jail Lieutenant, Sr. Office Specialist and foul" Police Service Officers).
Initial Modified Previous No
Concept Proposal Facility Contract
New Jail New Jail New Jail
~.~" :-.~-=;F<~ '" ~ ":-;:---.Z - ~ ,- . .'~.:":;:~\r~"" ~:,:Z"~ ~~ ~'0;~~i;:-~= :.EZ~::-~-;",- - ~ :;-- ~-::~
,'l): 'j~"",,,o W" ","/ ",,,~,,,,u...~~~..,,,,,:.;~ '::f'>-'~ 'vt~;':;;;;i'".,t#(~\".-...,'" """R"" ~ l''>eJ 0<<~"'; i'''''':<l
CV Bookin Fee $382,375 $325,850
Jail Contracts $700,000 $866,875
Net Revenue $1,082,375 $1,192,725
.
$1,163,817 $1,163,817 $651,663 $658,475
$105,000 $195,000 $30,000 $50,000
$50,000 $50,000 $0 $0
$61,600 $92,400 $408,000 $408,000
$0 $198,000 $0 $0
$1,380,417 $1,699,217 $1,089,663 $1,116,475
N/A N/A $415,000 $415,000
Booking Fee Subvention eliminated by State of California
2Violent felons and prisoners with medical issues will continue to be booked directly to County Jail.
Although the modified proposal does not meet the anticipated revenue generation of the original
proposal, it continues to be a more fiscally sound method as well as provides a much higher level of
service to the community than if the department were to revert back to how the jail service was
previously conducted.
The original estimate for food service to the jail was obtained from a vendor who ultimately could not
meet the stringent requirements for food preparation and delivery times needed for the jail facility. The
department's best estimate for food service will require additional appropriations in order to obtain an
effective food service contract for the jail. A slight modification to the Booking Fee expenditure (to the
County for violent felons and prisoners with medical issues) will also be needed to meet the expected
number of direct bookings to County jail.
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Item No
Meeting Date 08/23/2005
BOOKING FEE
The definition in the Master Fee Schedule of the Booking Fee needs to be modified to refiect the true
intent of the booking fee. As currently written, the definition requires incarceration in the facility in
order to be charged the booking fee. The booking fee is based upon the act of "booking" a prisoner
and not the subsequent housing of the prisoner. State law only allows for the recovery of costs
associated with the booking of the prisoner. Hence, the definition needs to reflect this requirement:
Chapter II, Section C.2.c.
In accordance with California Government Code 29550.3, those individuals who are arrested
by the Chula Vista Police Department and booked detQiA8s in the Chula Vista Police Department
Holding Facility shall be subject to a $175 Booking Fee if convicted of a crime as a result of the arrest
by the Chula Vista Police Department.
FISCAL IMPACT
There will be no net impact to the general fund reserves based upon the modified proposal. This
proposal will allow the department to operate as a Type I Holding Facility and start charging the $175
booking fee.
FY 06 Current Modified Proposal Change
Budget New Jail
:
CV Bookin Fee
Jail Contracts
$119,938
$350,000
$469,938
$205,912
$77,500
Net Revenue
$1,163,817
$52,500
$25,000
$61,600
$0
Net Ex enditures $1,380,417
Booking Fee Subvention eliminated by State of California
$0
$84,000
$17,000
$30,800
$198,000
$329,800
FY 07 Adopted Modified Proposal Change
Plan New Jail
-~~ !.P"""j'::;FfQi:~4:'_'" ~"",:, <"''"'",'2~,,,t''''>-~.;~~~ :,,^" .4,,;:t. ~,,,,,:,;- "~i~'0':"~iJA;~~ ~~--*::~...~r,~~.,~" ,,:."
CV Bookin Fee
Jail Contracts
$360,150
$866,875
$1,227,025
$1,208,662
$105,000
$50,000
$61,600
$0
Net Ex enditures $1,425,262
Booking Fee Subvention eliminated by State of California
$1,208,662
$202,800
$50,000
$92,400
$198,000
$1,751,862
$0
$97,800
$0
$30,800
$198,000
$326,600
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Item No
Meeting Date 08/23/2005
Through the use of unanticipated asset seizure revenues, there is no net impact to the
General Fund to implement this proposal.
Additional Revenues
Additional Expenditures
Anticipated Impact To Gen. Fund
Reserves
Asset Seizure Funds Offset
NET IMPACT TO GENERAL FUND RES.
$283,412
$329,800
($46,388)
$46,388
$0
$293,889
$326,600
($32,711)
$32,711
$0
In comparison, the net cost to the General Fund Reserves for not implementing this proposal is
significant.
Additional Revenues
Additional Expenditures
Anticipated Net Impact To Gen. Fund
Reserves
($469,938)
$317,658
($787,596)
($933,136)
$359,958
($1,293,094)
Due to the urgency to begin the recently negotiated contract with the County of San Diego
Sheriff's Department, the Police Department is seeking approval for the general terms of the
contract. The Department will return to Council at a later date to approve funding for this
proposal as a four-fifths vote required for all budget appropriations.
Attachment: San Diego County Sheriff's Contract
--(
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT FOR JAIL SERVICES WITH THE STATE OF
CALIFORNIA DEPARTMENT OF CORRECTIONS AND
APPROPRIATING FUNDS TO THE FY' 2007 POLICE
DEPARTMENT SUPPLIES AND SERVICES BUDGET BASED
UPON UNANTICIPATED REVENUES.
WHEREAS, as a result of a recent Court decision (Valdivia v.
Schwarzeneggar), the State of California is required to implement an In Custody
Drug Treatment Program (ICDTP); and
WHEREAS, Representatives from Division of Adult Parole Operations
(DAPO) contacted the Chula Vista Police Department (CVPD) to inquire about
the Departments ability to become a partner with DAPO to conduct ICDTP for the
State of California, Region IV at the Chula Vista Holding Facility; and
WHEREAS, the Police Department has negotiated an agreement with the
State of California Department of Corrections, Division of Adult Parole
Operations to house up to 24 State inmates who will be participating in the In
Custody Drug Treatment Program (ICDTP); and
WHEREAS, the ICDTP is intended for parolees who have committed
violations as a result of drug or alcohol related dependency and/or have a need
for a period of confinement and treatment to get their substance abuse under
control; and
WHEREAS, as the only facility in Region IV (comprised of Orange County,
San Diego County and Imperial County) to host such a program, CVPD will be
assisting the criminal justice system to reduce overcrowding as well as providing
much needed treatment programs in order to reduce the recidivism rate for
criminals with dependency problems; and
WHEREAS, in order to host the ICDTP, the CVHF will be required to
become a TYPE II holding facility in order to hold prisoners for up to 60 days; and
WHEREAS, becoming a TYPE II facility will require minor capital
improvements to the CVHF; and
WHEREAS, the contract with the State of California Department of
Corrections will reimburse the CVHF to make the minor capital improvements;
and
WHEREAS, the contract with the State of California Department of
Corrections will provide significant revenue to offset the cost of hosting the
ICDTP.
16-13
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby authorize the Mayor to execute an agreement for jail
services with the State of California Department of Corrections and appropriate
$400,046 to the FY 07 Police Department Supplies and Services budget based
upon unanticipated revenues.
Presented by
Richard P. Emerson
Chief of Police
Approved as to form by
/. )ttRA~ ~
/~nn Moore /- '-
City Attorney
16-14
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIIr
~fAf
Ann Moore
City Attorney
Dated: In - (0 - 0 ~
Agreement Between the California Department of Corrections and
Rehabilitation ("CDCR") and the City of Chula Vista
for the care, confinement and security
of CDCR State parolees at the Main Jail Facility
16-15
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STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06103)
AGREEMENT NUMBER
P06A013
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below
STATE AGENC'fS NAME
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHAB1L1TATION
CONTRACTOR'S NAME
CITY OF CHULA VISTA
The term of this July 1, 2006
Agreement is:
3. The maximum amount $3,136,484
of this Agreement is: Three Million One Hundred Thirty SIX Thousand Four Hundred Eighty Four Dollars
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work 7 pages
Exhibit B - Budget Detail and Payment Provisions 1 page
Exhibit B-1 - Funding Summary 1 page
Exhibit B-2 - Monthly Invoice 1 page
Exhibit B-3 - Register of Participation 1 page
Exhibit C' - General Terms and Conditions GTC 306
Exhibit 0 - Special Terms and Conditions for Public Entity Agreements 6 pages
Exhibit E - CDCR Additional Provisions 2 pages
Attachment 1 - Allowed/Unallowed Cost 4 pages
Attachment 2 - Per Diem Calculation 2 pages
/terns shown with an Asterisk (,J, are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www_ols.dgs.ca.gov/Standard+Language
through
June 30, 2011
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR'S NAME (if other than an individual. state whether a corporalion, partnership, ete)
CITY OF CHULA VISTA
BY (Authorized Signature) DATE SIGNED(/){} nrJ/ nr"")
2S
PRINTED NAME AND TITLE OF PERSON SIGNING
STEPHEN C. PADillA, MAYOR
ADDRESS
315 Fourth Avenue
Chula Vista, CA 91910
STATE OF CALIFORNIA
AGENCY NAME
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
BY (Authorized Signature) DATE SIGNED(/)o nru "1'(')
riK
PRINTED NAME AND TITLE OF PERSON SIG NING D Exempt per"
KAREN V SMITH, ASSOCIATE DIRECTOR (A)
ADDRESS
1515 S Street, Room 410 South, Sacramento, CA 95814
16-16
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SCOPE OF WORK
I. OBJECTIVE
The City of Chula Vista herein referred to as City, shall provide for the care, confinement and
security of the California Department of Corrections and Rehabilitation's (CDCR) State
parolees at the Main Jail Facility which shall be designated as an In-Custody Drug
Treatment Program (ICDTP) pursuant to provisions of Health and Safety Code (H&S)
Section 11560. When the Division of Adult Parole Operations (DAPO) personnel conclude
that there are reasonable grounds for believing that a parolee is addicted to, or habituated
to, or is in imminent danger of addiction to controlled substances or alcohol, the parolee may
be placed in the ICDTP City Facility in a non-suspended status under H&S Section 11561
(male) or 11563 (female) for a period not to exceed 90 days. Under the terms of this
Agreement, the City Facility will provide secure housing for up to 60 days for ICDTP
parolees while participating in intensive substance abuse treatment
II. CONTRACT FUNDING
The State agrees to reimburse the City a parolee per diem rate to be negotiated each new
fiscal year pursuant to the 2006-2007 California Budget Act.
The State's monetary obligation in subsequent years is subject to and contingent upon the availability
of funds appropriated for the purpose of this Agreement In the event funding is not available and the
City has provided services in good faith, the DAPO agrees to support the City's filing of a California
Victim Compensation and Government Claims Program.
III. CONTRACT DEFINITIONS
Bed Day - each full consecutive 24-hour period following time and date of actual placement that a
State parolee is housed in City Facilities pursuant to this contract.
CDCR - the California Department of Corrections and Rehabilitation.
City - the Chula Vista Police Department, its agents and employees.
City Facility - the Chula Vista Police Department, Main Jail Facility.
Contractor - the City.
DAPO - the CDCR, Division of Adult Parole Operations, its agents or representatives.
Dedicated Bed - all bed space for housing of ICDTP parolees within the City Facility.
Facility Commander - the employee in charge of the Chula Vista Police Department, Main Jail
Facility, within which the dedicated beds are situated.
ICDTP -In-Custody Drug Treatment Program.
ICDTP Parolee - any person under the jurisdiction of the CDCR returned to physical custody
pursuant to an order under H&S Section 11561 (male) or 11563 (female).
16-17
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No. P06.4013
Exhibit A
Non-Routine Medical Services - medical services provided to an individual for a specific condition
or specialized care, such as those that typically require a specialized physician.
Per Diem Rate - the amount payable by the State for services rendered by the City for each ICOTP
parolee housed during each bed day.
Routine Medical Services - medical services that are normafl& provided to all inmates in a City jail
facility. Routine medical and dental costs include, but are not limited to physical and dental
examinations received by inmates when they arrive at a City jail, distribution of over-the-counter
drugs (i.e., aspirin and cold/cough medicine) and medical and dental supplies such as band-aids or
tape and gauze for cuts and bruises, dental floss, toothpaste and toothbrushes. Custodial
detoxification services shall also be included in ICOTP Routine Medical Services and shall be
consistent with those provided to inmates in a City jail facility requiring detoxification services.
Substance Abuse Services Coordinating Agency (SASCA) - The agency contracted through the
COCR, Office of Substance Abuse Programs, to provide case management, 3D-day residential
placement, and transportation services from the City Facility to the residential community based
program.
State - the State of California, its agents and employees
State's Representative - the ICOTP Parole Agent II assigned by the OAPO to perform overall
administrative liaison between the State and the City.
Substance Abuse Treatment and Recovery Program (STAR) - an educational-based rehabilitation
program for adult offenders that offers an alternative to traditional sanctions and used in conjunction
with an ICOTP.
IV. CONTRACT PROVISIONS
The City agrees to provide 24 beds per day. The City agrees to staff the facility to ensure that ICOTP
parolees are supervised and provided program services, to the extent and in the same manner as
City inmates. The City will, whenever possible, make a best effort to house all ICOTP parolees within
the immediate proximity of ICOTP STAR classroom facilities The City has the authority, when
deemed necessary, to co-mingle OAPO parolees with the City general population. The City agrees to
make alllCOTP parolees available to their scheduled program location at the City Facility on a timely
basis, and within prescribed timeframes Costs for such supervision and services are included in the
negotiated daily per diem rate.
The City agrees to operate the Main Jail Facility in compliance with minimum standards for local
detention facilities established by the Board of Corrections pursuant to Penal Code (PC) 6030.
Failure to meet minimum jail standards may result in termination of this agreement, or the State
withholding all or part of payments due the City for services provided under this agreement, but only if
the City fails to make a reasonable effort to correct noted deficiencies. The State will give
consideration to City resources available for such purposes, with the Victim Compensation and
Government Claims Program making the final determination.
A. Administrative Requirements
All OAPO staff and employees of ICOTP STAR and SASCA shall comply with policy and
procedures of the City Facility operations to include, but not limited to, security clearances,
office rules, etc. The City agrees to facilitate security clearances and access as required for
162.18
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No. P06.4013
Exhibit A
DAPO staff and ICOTP STAR and SASCA contractors to designated office and classroom
areas.
1. Administrative Offices
The City agrees to provide offices and other space,'necessary to accommodate OAPO staff
and employees of ICOTP STAR and SASCA performing administrative, classification, liaison
and programming activities. Classrooms and office space must be adequately sized and
acceptable to the State, equipped with operational heating and air conditioning, electrical,
telephone, and data line capability. OAPO and/or ICOTP STAR and SASCA contractors
agree to provide office furnishings and equipment for the designated classroom and office. At
no additional cost to the State, the City will provide to the State access to City facility phone
lines and janitorial services for said City offices occupied by OAPO staff. The State agrees to
pay local, long distance and one-time set up telephone and data line charges incurred by
OAPO staff and employees of ICOTP STAR and SASCA The City will facilitate establishment
of telephone service company(s) direct billing to the COCR for OAPO telephone charges.
2. STAR Proqram Classroom Space Requirements
The City agrees to provide a dedicated classroom sufficient to accommodate the daily STAR
program for up to 30 participants The classroom setting will be a minimum size of 20' x 20',
or of a dimension mutually agreed upon, and contain space for one instructor computer
workstation, round top table and file cabinet. An area with secured storage space for supplies
and equipment will be made available.
B. Proqram Requirements
1. ICOTP Parolee Assiqnment and Bookinq Services
a. The OAPO will retain the right to select and assign ICOTP parolees to the City Facility.
b. The City retains the right to exclude specific individual ICOTP parolees at the time of
assignment to City Facility for medical issues requiring non-routine medical services.
c. The City agrees to provide full booking services of ICOTP parolees at the City Facility.
Booking services include a check for hold(s), warrant(s) and detainer(s) at reception and
release from the Inmate Reception Center (IRC). The City will photograph each ICOTP
parolee displaying applicable detail and, upon request, provide a copy of the photograph
and booking demographics to OAPO personnel The City agrees to provide OAPO
personnel access to ICOTP parolee files, including State parolee files maintained in the
Automated Jail Information System (AJIS), or equivalent.
d. At the time of booking, the State's Representative and/or outside law enforcement
agencies will designate the ICOTP parolee's primary charge for booking as "H&S Section
11561 - PC Section 3056" (male) or "H&S Section 11563 - PC Section 3056" (female).
2. Visitinq Proqrams
Visiting will be provided to ICOTP parolees to the extent and in the same manner as City
inmates.
1 6:l-1 9
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No. P06.4013
Exh ibit A
3. Canteenrrrust Accounts
ICOTP parolees will have the right to access such accounts and make canteen purchases to
the extent and in the same manner as it is to City inmates, providing such access does not
interfere with, or disrupt, agreed upon programming. Profits from canteen purchases will
remain in the City Inmate Welfare Fund.
4. ICOTP Parolee Propertv
.
.
The City will maintain ICOTP parolee property to the extent and in the same manner as City
inmates.
5. Recreational and Reliqious Proqrams
The City will provide recreational and religious program services for ICOTP parolees to the
extent and in the same manner as City inmates.
6. Medical Care
The City agrees to provide all required routine and non-routine medicai care for ICOTP
parolees housed at City Facility in the same manner as City inmates
7. ICOTP Parolee Oiscipline
ICOTP parolees assigned to the City facility pursuant to this contract will be required to follow
all applicable rules established by the City. If the City determines that an ICOTP parolee's
behavior is unmanageable, the City may submit a written request to the State's
Representative that the ICOTP parolee be released from the care of the City. Upon receiving
such request, the State shall remove the ICOTP parolee from the City Facility within two (2)
working days. The City will provide the State's Representative with a copy of reports for all
disciplinary actions related to ICOTP parolees
8. Gun Storaqe
The City shall provide storage at the City Facility for firearms brought to the facility by State
employees on official State business.
9. ICOTP Parolee Reception and Release
The State agrees to deliver and receive all ICOTP parolees from the City Facility. ICOTP
parolee booking and release typically occurs Monday through Friday 8:00 AM to 5:00 PM.
This shall not preclude delivery of ICOTP parolees prior to or after normal hours by the State.
Upon completion of the 50-day ICOTP STAR Program, the State shall order the release of the
ICOTP parolee by removing the State's parole hold. ICOTP parolees must be waiting in
Reception and Release, processed and ready for departure in a timely manner. In the interest
of ensuring public safety, the City agrees to release ICOTP parolees only to the State's
Representative or designated SASCA employee's for transportation from the City Facility to
the residential community based program
10. Non-Routine Medical Care
If an ICOTP parolee requires non-routine medical services while in the care of the City, the
State retains the right to release the State's parole hold and/or remove said parolee from the
164..20
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No P064013
Exhibit A
care of the City. The City must provide notification to the OAPO within 24 hours of
determining the non-routine medical care. If the OAPO elects to continue the parole hold for
the ICOTP parolee requiring non-routine medical care services, the State shall reimburse the
City for the authorized cost of non-routine medical care incurred by the City.
Emergency medical care shall be provided for ICOTf parolees to the extent and in the same
manner as City inmates. The City must provide notificqiion to the OAPO within 24 hours of
emergency medical care. The State's obligation for reimbursements under terms of this
contract does not extend beyond the City of Chula Vista.
11. Routine Medical Care
The City will provide a sick call for routine health checks for ICOTP parolees three times a
week. The sick calls will be conducted by a licensed vocational nurse If medical intervention
is required for non-emergency care, the State's Representative will make arrangements to
have the ICOTP parolee checked at a local medical clinic If the only care needed is minimal,
i.e. administration of prescription medication, the ICOTP parolee may be returned to the City
Facility. The City will deliver all medications as prescribed to the ICOTP parolee.
C. Reportinq Requirement
1. Report Review
The City shall ensure that City staff conducts a daily review of the OAPO received/released
reports, the OAPO population reports and the OAPO agency billing invoice reports to verify
the accuracy of information contained in the reports. This shall include correction of identified
discrepancies in the computer booking process of the ICOTP parolees Such discrepancies
may include, but are not limited to, the COCR name, the CDCR number and appropriate PC
section. All discrepancies shall be corrected and provided to the State's Representative within
24 hours of the date of the report to be corrected.
2. Operational Review
The Facility Commander and DAPO will meet as needed to discuss and resolve ongoing
mutual administrative concerns and operational problems. An agenda will be prepared and
items discussed will be promptly noted in meeting minutes with copies distributed by the City
and the OAPO. If the City and OAPO cannot resolve mutual disagreements related to direct
parolee operational problems, the City will make the final decision.
IV. CONTRACT COMPENSATION
The State agrees to reimburse the City for bed space as follows
Any and all services provided by the City to the State are included in the daily per diem rate. The per
diem rate shall be based on the Local Assistance Program, Daily Jail Rate (DJR) for the City Facility,
approved by the CDCR for the period in which services are provided, and shall include applicable
booking fees and non-routine medical services. During the period from "upon approval" through
June 30, 2009, the State agrees to compensate the City for the actual number of beds occupied by
ICOTP parolees based on an estimated per diem rate of $7157 The maximum per diem amount
payable by the State under this contract IS $7157 per bed day
165...21
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No. P06.4013
Exhibit A
Note: Since ICDTP parolees are usually in custody for only part of the first day, and a part of the last
day, the City shall be reimbursed for the first day only. If a charge for both the first and last day is
submitted, justification for this charge must accompany the claim.
For compensation purposes, ICDTP parolees must be clearly identified and processed using
"H&S 11561 - PC 3056" (male) or "H&S 11563 - PC 3056':'(female) reference. The State shall not
reimburse the City for more than 60 bed days per ICDTP parole'i'
A Per Diem Rate Requirements
The State requires that the City have an approved Daily Jail Rate (DJR) for the City Facility to use
in establishing the contract per diem. DJR guidelines are outlined in the Daily Jail Rate Manual
for Reimbursements under Section 4016.5 of the Penal Code, Section 1776 of the Welfare and
Institutions Code (DJR Manual), which is distributed annually to participating cities and counties
by the CDCR, Fiscal Business Management and Audit Unit. The per diem rate for this Agreement
shall be limited to the same cost factors allowed for the DJR calculation, with the exception of
applicable booking fees and non-routine medical services.
B. Annual Per Diem Rate Reviews
In accordance with the Per Diem Rate Requirements, as defined above, and the DJR Manual, the
City Facility must submit annual DJR Proposals to the CDCR no later than March 1 preceding
each new fiscal year. Guidelines for preparation and submittal of annual DJR Proposals are
detailed in the DJR Manual applicable to each fiscal year and subject to update andlor revision.
A new per diem rate may be negotiated by the City and the State and shall be based on a
weighted average of actual bed usage for allowable expenditures incurred by the City at the City
Facility divided by the total inmate bed days (Average Daily Population x the total number of bed
days) in the prior 12 months
Until a new per diem rate is negotiated between the City and the State, the State shall reimburse
the City at the currently approved contract rate. During thiS time the City must continue to accept
all State ICDTP parolees at the City Facility. If the new rate is higher than the previous rate, the
State agrees to reimburse the City the difference between the new rate and the previous rate for
bed days already reimbursed subsequent to the approved rate change. If the new rate is lower
than the previous rate, the City agrees to a per diem rate adjustment by an amount sufficient to
effect full recovery of overpayments to the State by the end of the current fiscal year, or a lump
sum payment reimbursement to the State, at the City's option.
Should concerns arise during the term of this contract, the contractor shall contact the following
offices:
Billing/Payment Issues:
D Headquarters, Accounting Office
Phone Number: (916) 327-0283
FAX Number: (916) 445-2248
Per Diem Rate Proposal Issues:
n Fiscal and Business Management Audit
Phone Number: (916) 358-2125
FAX Number: (916) 358-2471
1 ffL2 2
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No. P06.4013
Exhibit A
Scope of Service/Performance Issues:
n Division of Adult Parole Operations
Phone Number: (916) 445-6200
FAX Number (916) 327-0785
General Contract Issues:
n Office of Business Services
Phone Number: (916) 323-8718
FAX Number: (916) 322-1098
. .
16'-23
,
City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No. P06.4013
Exhibit B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoiclnq and Payment
The City shall submit monthly in arrears to the State, no later than 45 days following each
monthly billing period, a Monthly Invoice (Attachment;1) and a Register of Participation
(Attachment 2), attached hereto and by reference made a Rart of this contract Each form
must have the original signature of the Facility Commander The original signed forms and
two copies of the inVOice for hOUSing ICDTP parolees must be sent to.
California Department of Corrections and Rehabilitation
Division of Adult Parole Operations
Region IV Headquarters
ATTN. Deputy Regional Administrator, Support Services
21015 Pathfinder Rd, Suite 200
Diamond Bar, CA 91765
The City shall sequentially number each monthly invoice submitted Unless otherwise
provided for under Government Code (GC) Section 92610, payment will be remitted within
60 calendar days of receipt, unless City is notified of a billing dispute within 30 calendar
days of receipt
2. Budoet Contlnoencv Clause
a. It is mutually agreed that if the California State Budget Act for the current fiscal year
and/or any subsequent fiscal years covered under this Agreement does not appropriate
sufficient funds for the program, thiS Agreement shall be of no further force and effect
In this event, the State shall have no liability to pay any funds whatsoever to
Contractor, or to furnish any other considerations under thiS Agreement, and Contractor
shall not be obligated to perform any proviSions of this Agreement
b. If funding for the purposes of thiS program is reduced or deleted for any fiscal year by
the California State Budget Act, the State shall have the option to either cancel this
Agreement with no liability occurring to the State, or offer an Agreement amendment to
Contractor to reflect the reduced amount
3. Prompt Pavment Clause
Payment will be made in accordance with, and withm 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 wlthm the time specified In Chapter 45, Government
Code 927 et seq.
4. Accountinq Principles
The contractor will adhere to Governmental Accepted Accounting PrinCiples as outlined by
the American Institute of Certified Public Accountants and the Governmental Accounting
Standards Board to ensure that the accounting records will provide information necessary
to identify all receipts and expenditures Source documents (e g., Invoices, time and
payroll records, supervisor's logs) are the instruments that validate actual expenditures of
funds.
Both subsidiary records and onglnal source documentation must support all general ledger
account entries. All costs recorded will be supported by sufficient, competent and relevant
source documentation. Adequate internal control procedures Will be maintained by the
Contractor so as to ensure accurate and current financial reporting Information.
16-24
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16-25
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement Number P06.4013
Exhibit B-2
MONTHLY INVOICE
ICDTP - JAIL BEDS
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
and
CITY OF CHULA VISTA;
SUBMITTED BY
VIA
TO:
Facility Commander
City of Chula Vista
315 Fourth Avenue
Chula Vista, CA 91910
California Department of Corrections and
Rehabilitation
Division of Adult Parole Operations
Region IV Headquarters
A TTN Deputy Regional Administrator,
Support Services
21015 Pathfinder Rd. Suite 200
Diamond Bar, CA 91765
Dept. of Corrections & Rehabilitation
Accounting Services
1515 S Street, Room 2145
PO Box 187018
Sacramento, CA 95818
(916) 445-7315
In accordance with the terms of Agreement No. P06.4013, payment is requested for services satisfactorily
rendered during the month of , 20_.
Line 1
TOTAL PARTICIPANT DAYS
Line 2
DAILY PER DIEM RATE
x
71.57
Line 3
Per Diem Payment Requested
(Total participant days x daily per diem rate)
Line 1 (b) X Line 2
TOTAL PAYMENT REQUEST
CLAIM CERTIFICATION:
I hereby certify under penalty of perjury that the City of Chula Vista named herein is entitled to amount claimed, that
the claim within is in all respects a true and correct statement of costs incurred under Agreement Number P06.4013
and that this certification is not in violation of any of the provisions in Government Code Sections 1090 and 1096,
inclusive.
Signature of Facility Commander
Date
Signature of Asst Regional Parole Administrator
Date
Note:
111Total partiCipants days is obtained from attached Register of Participation form which includes the first day of participation, but
not the last day.
16-26
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I
City of Chula Vista
California Department of Corrections and Rehabilitation (CDCR)
Agreement Number P06.4013
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. Confidentialitv of Data
All financial, statistical, personal, technical and other data and information relating to State's
operation, which are designated confidential by the State and made available to carry out this
Agreement, or which become available to the Contractor in order to carry out this Agreement,
shall be protected by the Contractor from unauthorized use and disclosure.
If the methods and procedures employed by the Contractor for the protection of the Contractor's
data and information are deemed by the State to be adequate for the protection of the State's
confidential information, such methods and procedures may be used with the written consent of
the State. The Contractor shall not be required under the provisions of this paragraph to keep
confidential any data already rightfully in the Contractor's possession that is independently
developed by the Contractor outside the scope of the Agreement or is rightfully obtained from
third parties.
No reports, information, inventions, improvements, discoveries, or data obtained, repaired,
assembled, or developed by the Contractor pursuant to this Agreement shall be released,
published, or made available to any person (except to the State) without prior written approval
from the State.
Contractor by acceptance of this Agreement is subject to all of the requirements of California
Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding
the collection, maintenance, and disclosure of personal and confidential information about
individuals.
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement Number P06.4013
Exhibit 0
3. 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 the COCR, for all of its employees who will
be engaged in the performance of this agreement. Such coverage will be a condition of
COCR's obligation to pay for services provided under this agreement.
Prior to approval of this agreement and before performing any work, Contractor shall furnish to
the State evidence of valid workers' compensation coverage. Contractor agrees that the
workers' compensation insurance shall be in effect at all times during the term of this
agreement. In the event said insurance coverage expires or is canceled at any time during the
term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to COCR
before said expiration date or immediate notice of cancellation. Evidence of coverage shall not
be for less than the remainder of the term of the agreement or for a period of not less than one
year. The State reserves the right to verify the Contractor's evidence of coverage. In the event
the Contractor fails to keep workers' compensation insurance coverage in effect at all times, the
State reserves the right to terminate this agreement and seek any other remedies afforded by
the laws of this State.
Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents
and employees from any and all of Contractor's workers' compensation claims and losses by
Contractor's officers, agents and employees related to the performance of this agreement.
4. Liabilitv for Loss and Oamaqes
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.
5. 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.
6. Accountinq 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.
7. Liabilitv for Nonconforminq Work
The Contractor will be fully responsible for ensuring that the completed work conforms to the
agreed upon terms. If nonconformity is discovered prior to the Contractor's deadline, the
Contractor will be given a reasonable opportunity to cure the nonconformity. If the
nonconformity is discovered after the deadline for the completion of the project, COCR, in its
sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall
be responsible for reimbursing COCR for any additional expenses incurred to cure such defects.
126-29
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement Number P06.4013
Exhibit D
8. 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 <;ind/or consultant information.
g. 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.
',.
,
10. Temporary Nonperformance
If, because of mechanical failure or for any other reason, the Contractor shall be temporarily
unable to perform the work as required, the State, during the period of the Contractor's inability
to perform, reserves the right to accomplish the work by other means and shall be reimbursed
by the Contractor for any additional costs above the Agreement price.
11. Extension of Term
This Agreement may be amended to extend the term if it is determined to be in the best interest
of the State. Upon signing the amendment, Contractor hereby agrees to provide services for
the extended period at the rates specified in the original Agreement
12. 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;
b. Ex-Offenders at any time if they are required to register as a sex offender
pursuant to Penal Code Section 290 or if such ex-offender has an offense history
involving a "violent felony" as defined in subparagraph (c) of Penal Code Section
667.5; or
c. Any ex-felon in a position which provides direct supervision of parolees.
Ex-Offenders who can provide written evidence of having satisfactorily completed parole or
probation may be considered for employment by the contractor subject to the following
limitations:
d. Contractor shall obtain the prior written approval to employ any such ex-offender
from the Authorized Administrator; and
e. Any ex-offender whose assigned duties are to involve administrative or policy
decision-making; accounting, procurement, cashiering, auditing, or any other
business-related administrative function shall be fully bonded to cover any
potential loss to the State of California.
13. Electronic Waste Recyclinq
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
1-13-30
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement Number P06.4013
Exhibit D
documentation and provide reasonable access to its records and documents that evidence
compliance.
14. Taxes
Unless required by law, the State of California is exempt from federal excise taxes. The State
will only pay for any state or local sales or use tax on the ser.vices rendered or goods supplied to
the State pursuant to this Agreement .:
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 (DaM) Section 31100 et seq. regarding conflicts of interest
a. Contractors and Their Emplovees
Consultant contractors shall file a Statement of Economic Interests, Fair Political
Practices Commission (FPPC) Form 700 prior to commencing services under the
Agreement, annually during the life of the Agreement, and within thirty (30) days after
the expiration of the Agreement Other service contractors and/or certain of their
employees may be required to file a Form 700 if so requested by the CDCR or whenever
it appears that a conflict of interest may be at issue. Generally, service contractors
(other than consultant contractors required to file as above) and their employees shall be
required to file an FPPC Form 700 if one of the following exists:
1) The Agreement service has been identified by the CDCR as
one where there is a greater likelihood that a conflict of interest
may occur;
2) The Contractor and/or Contractor's employee(s), pursuant to
the Agreement, makes or influences a governmental decision;
or
3) The Contractor and/or Contractor's employee(s) serves in a
staff capacity with the CDCR and in that capacity participates
in making a governmental decision or performs the same or
substantially all the same duties for the CDCR that would
otherwise be performed by an individual holding a position
specified in the CDCR's Conflict of Interest Code.
Current State Emplovees
1) No officer or employee shall engage in any employment,
activity or enterprise from which the officer or employee
receives compensation or has a financial interest and which is
sponsored or funded by any state agency, unless the
employment, activity or enterprise is required as a condition of
regular state employment
2) No officer or employee shall contract on his or her own behalf
as an independent contractor with any state agency to provide
goods or services.
3) In addition to the above, COCR officials and employees shall
also avoid actions resulting in or creating an appearance of:
Using an official position for private gain;
1-6- 3 1
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement Number P06.4013
Exhibit 0
a. Giving preferential treatment to any
particular person;
b. Losing independence or impartiality;
c. Making a decision outside of official channels; and
d. Affecting adversely the confidence of the public or local
officials in the integrity Df t~e program.
4) Officers and employees of the Deparrinent 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.
b. 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, emp.loyment services, or opportunities offered to inmates or
parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either
directly, or indirectly through an affiliated company, person or business unless specifically
authorized in writing by the CDCR
In addition, the Contractor shall not (either directly, or indirectly through an affiliated company,
person or business) engage in financial dealings with inmates or parolees, except to the extent
that such financial dealings create no actual or potential conflict of interest, are available on the
same terms to the general public, and have been approved in advance in writing by the CDCR.
For the purposes of this paragraph, "affiliated company, person or business" means any
company, business, corporation, nonprofit corporation, partnership, limited partnership, sole
proprietorship, or other person or business entity of any kind which has any ownership or control
interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5%
ownership) or controlled (any percentage) by the Contractor or by the Contractor's owners,
officers, principals, directors and/or shareholders, either directly or indirectly. "Affiliated
companies, persons or businesses" include, but are not limited to, subsidiary, parent, or sister
companies or corporations, and any company, corporation, nonprofit corporation, partnership,
limited partnership, sole proprietorship, or other person or business entity of any kind that is
wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the
Contractor's owners, officers, principals, directors and/or shareholders.
The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and
activities that create an actual or potential conflict of interest in performance of the Agreement.
1-6- 32
City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement Number P06.4013
Exhibit D
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.
1. 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 to State staff made by any inmate or parolee which indicates 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.
2. Notification of Personnel Chanqes
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.
1-6- 33
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement Number P064013
Exhibit E
1. Confidentiality of Information
COCR and Contractor agree that all inmate/patient medical record information is identified as
confidential and shall be held in trust and confidence and shall be used only for the purposes
contemplated under this Agreement.
Provider by acceptance of this Agreement is subject to all Of the requirements of the federal
regulations implementing the Health Insurance Portability and Accountability Act of 1996
(Code of Federal Regulations (CFR), Title 45, Sections 164.501 et seq.); the California
Government Code Section 110199; California Civil Code Sections 56 et seq; and California
Civil Code Sections 1798, et seq ; regarding the collections, maintenance, and disclosure of
personal and confidential information about individuals
2. Contractor Employee Misconduct
Ouring the performance of this Agreement, it shall be the responsibility of the Contractor
whenever there is an incident of use of force or allegation(s) of employee misconduct
associated with and directly impacting inmate and/or parolee rights, to immediately notify the
COCR of the incident(s), to cause an investigation to be conducted, and to provide COCR'
with all relevant information pertaining to the incident(s) All relevant information includes, but
is not limited to; a) investigative reports; b) access to inmates/parolees and the associated
staff; c) access to employee personnel records; d) that information reasonably necessary to
assure COCR 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 COCR, COCR may require that any Implicated Contractor staff be denied access to
and the supervision of COCR 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, COCR 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 all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of COCR
to conduct an investigation of their facility and staff, including review of subcontractor
personnel records, as a condition of the Agreement.
3. Riqht to Terminate (Supersedes proviSion number 7, Termination for Cause, of Exhibit C)
The parties hereto agree that either party may terminate this Agreement by giving the other
party written notice one hundred eighty (180) days in advance of the effective date of such
termination. In the event of such termination, the State agrees to pay Contractor for actual
services rendered up to and including the date of termination.
4. Insurance Requirement
Self-insured public entities MUST provide proof of self-insurance.
Contractor hereby represents and warrants that the Contractor and subcontractors are
currently and shall for the duration of this Agreement be insured and provides proof of self-
insurance against:
5. Mutual Hold Harmless
Contractor agrees, to the fullest extent permitted by law, to hold harmless, defend and
indemnify the State from and against any liabilities, damages and costs (including reasonable
16-34
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement Number P06.4013
Exhibit E
attorneys fees and cost of defense) to the extent caused, during performance of services
under this Agreement, by the negligent acts, errors and omissions of the Contractor or
anyone for whom Contractor is legally responsible
The State agrees, to the fullest extent permitted by law and subject to the availability of funds
to hold harmless, defend and indemnify the Contractor, iLOfficers, directors, principals and
employees, from any liabilities, damages and costs (including reasonable attorneys fees and
cost of defense) to the extent caused by the negligent acts, errors or omissions or the State,
the State's contractors, consultants or anyone for whom the State is legally responsible.
- :;:15-35
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City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No P06.40131
Attachment 2
PER DIEM CALCULATION WORKSHEET
ICDTP JAIL BEDS
Categories of Allowed Costs
.,.
,
Annual Costs
Salaries and Wages:
Staff Benefits:
Services and Supplies:
Medical Costs:
Equipment Purchases:
Indirect Costs:
Total Costs in Period
to
Total City of Chula Vista inmate bed days in period
to
Per Diem Rate for period
(Total costs I Total inmate days)
to
16-36
f
City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement NoP06.4013
Attachment 2
PER DIEM CALCULATION
CERTIFICATION:
'"
,
I,
, certify that I am duly
authorized as an official of the CITY OF CHULA VISTA to sign this certification, and that
to the best of my knowledge the financial information provided in the accompanying Cost
Reports under
are true and correct as prepared from the books and records of
the City of Chula Vista in accordance with applicable instruction,
PRINT: Last Name, First, Middle Initial
Title:
Signature:
Date:
16-37
City of Chula Vista Agreement No. P06.4013
California De artment of Corrections and Rehabilitation Attachment 1
All costs, allowable and unallowable shall be supported by appropriate accounting records and source I
documentation. Allocated costs shall be supported by documentation that indIcates the methodology used to
allocate costs.
To be allowable, costs must meet the following criteria
Be necessary and reasonable for the proper and efficient operation of the detention facility.
Be allocable to the detention facility. .
Conform to the limitations and exclusions pursuant to the Penal CDde ,,sectIon 2910 and other applicable state
or local laws and regulations. '
Services and supplies, such as for the Sherrff's office, can be included as part of the Indirect costs.
Allowed Costs
The following costs are allowed, providing they pertain to jail operations:
Salaries and Wages
Overtime
Staff Benefits 1
Dental Insurance
Differential Pay
Disability Insurance
FICA
FICA Health Insurance
Unemployment Insurance
Health Insurance
Life Insurance-Group
Management Insurance
OAS.D.1.
Retirement
Uniform Allowance
Worker's Compensation
Other Benefits
Operating Costs Include:
Automobile Mileage
Automobile Service and Supplies
Bedding and Linen
Booking Costs'
Books
Building Supplies
Clothing
Data Processing Services
Dental Supplies
Dining Supplies
Drugs (over the counter medication)
Dry Cleaning
Dupiicating
Equipment Purchases
Film
Household Expenses Janitorral Supplies
T
Operating Costs (cont'd):
Indirect Costs'
Inmate Food Services'
Kitchen Supplies
Laboratory Services and Supplies
Laundry Services and Supplies
Leases and Rents of Real Property (but not
property leased or rented from the City,
County, or State)
Legal Notices
Insurance - General Liability' and
Malpractice
Maintenance of Buildings
Maintenance of Grounds
Maintenance of Office. Computer, Printing
and Lektreiver (for clothing storage and
retrieval) equIpment
MedIcal Care provided to all inmates.
Office Expenses
Office Supplies
PerrodIcal Publications
PharmaceutIcal Supplies
Postage
Printing
Safety Equipment Purchase and
Maintenance
Small Tools and Instruments
Telephones
TraIning and all costs associated with
maintaining Officer standards
Transportation (intra-county transportation
only)
Travel
Utilities (electricity, gas, water, sewer and
refuse collectIon)
16-38
/
City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No. P06.4013
Attachment 1
1Meal Benefits and Allowances are limited to those specifically provided for under applicable union bargaining agreements.
2Sooking fees and costs associated with booking, including staff, supplies, equipment, food and medical costs.
'This is for all applicable indirect (overhead) costs of detention operation Items that can be Included are costs in the ICRP or
COWCAP approved for use in the applicable year and any departmental, divisional or other appiicable indirect (overhead) costs,
including salaries and benefits. services and supplies. including the roll-forward amount of any adjustments and equipment costs
minus any applicable revenues or reimbursements.
"
,
All indirect costs must be allocated based on the percentages that each cost center benefits from the Indirect costs. Be sure to
include a worksheet showing the basis for the allocation (salaries and benefits, etc.), the actual percentages used and the dollar
amounts. Attach a copy of the expenditure reports even if the indirect costs were allocated.
Note: To include the ICRP or COWCAP as part of the indirect costs remove building and equipment use
costs from the proposed costs All other costs included In the ICRP or COWCAP, unless otherwise
unallowable as defined in this contract, are accepted as part of the Indirect Costs, provided they have
been allocated appropriately to each cost center
Overhead costs must be allocated to each cost center or jail facility based on the appropriate percentage of that cost center or
jail facility's salaries and benefits in the relationship to the total salaries and benefits of all cost centers.
The foHowing indirect costs are allowable only in proportion to the jail operations:
a. Citywide or countywide overhead costs from the ICRP or COWCAP as formally approved by the applicable Federal
Cognizant agency or the State Controller's Office for use during the applicable year.
b. Departmental overhead costs as indJcated on the departmentallCRP.
c. Divisional overhead costs as indicated on the divisional ICRP.
4Allowable food costs are limited to meals served inmates; also reference comments regarding meals and benefits allowances.
5Generalliability, per the State of California Accounting Standards and Procedures for Counties, is defined as:
"The exposure to 3" party liability injury and/or property damage losses attributable to the broad range of
governmental activities excluding losses due to malpractice and the operation of government
vehicles... Usually includes errors and omissions and false arrest exposures."
6Routine Medical Services: Medical services that are normally provided to all prisoners in a county jail facility. Custodial
detoxification services shall also be included in SA TCU Routine Medical Services and shall be consistent with those provided to
prisoners in a county jail facility requiring detoxification services.
Non-Routine Medical Services: Medical services provided to an individual for a specialized or extraordinary medical condition
requiring a specialist. excluding injuries sustained while in the custody of the County
Unallowed Costs
Unallowed functions/costs generally are those for the benefit of the entire city or county rather than specifically
involving the housing of inmates. The following are some of the characteristics of unallowed functions:
1. The activity is legislative in nature
2. The activity produces benefits for jail programs, but not State inmates housed at SRJ.
3. The activity is undertaken for benefit of the entire City, county or general public.
4. The activity is a general function required to carry out the overall responsibilities of local government. Some
examples of the above are Board of Supervisors' review, advertising, salaries of elected officials and
donations.
For further information on functions not allowable as indirect costs within a city or county cost plan, see Sections
2430-2440 of the Handbook of Cost Plan Procedures for California Counties, Office of the State Controller.
A detailed list of unallowable costs is indicated on the following pages. If there is a question if a specific cost is
allowable, the county should contact Fiscal and BUSiness Management Audits Unit at (916) 358-2125 for approval
prior to incurring the expense or pnor to including the expense
Consistent with the Penal Code Section 2910, the follCMil'l!l3<9>sts are unallowable when computing the County's
per diem rate.
City of Chula Vista
California Department of Corrections and Rehabilitation
Agreement No. P06.4013
Attachment 1
. Capital expenditures: The cost of facilities, Improvements other than building fixtures, physically attached
equipment, other capital assets, construction equipment and construction supplies are unallowable, Assets
that meet the government's capitalization policy, such as land, improvements to land, easements,
buildings, leasehold improvements, vehicles, machinery, equipment, works of art and historical treasures,
infrastructure, and all other tangible or intangible assets that are used in government operations, have
initial useful lives extending beyond one year, and are usuall~ subject to depreciation (except for land).
Capital assets do not include depletable resources such as mineral~ or timber.
. Commissary Costs: All expenditures incurred to support and supply a jail facility store where supplies (i.e.,
beverages, candy, magazines, etc.) and other amenities are sold to the inmates are unallowable.
. Communications or Radio Service: The costs of communications or radio services outside the jail facility
are unallowable. Communications or radio services provided primarily for the function of protecting the
public outside the detention facility are unallowable. Communications from a patrol officer's or deputy
sheriff's vehicle to the detention facility are unallowable. Radio services used exclusively Within the jail
facility are generally considered allowable costs.
. Contingencies: Contributions to a contingency reserve or any other similar provision for unforeseen events
are unallowable.
. Contributions and Donations: Contributions and donations are unallowable
. Depreciation: The costs of depreciating capital assets are unallowable
. Elected Officials' Salaries: The salaries and expenses of elected offiCials, such as members of the Board
of Supervisors and the Sheriff, are considered a general cost of local government and, therefore, are
unallowable. The principles are those used in developing the COWCAP as approved by the State
Controller's Office.
. Encumbrances: Costs of amusements, social activities and related incidental costs (meals, beverages,
lodgings, rentals, transportation and gratUities) are unallowable.
. Equipment Use Costs: Only actual use costs are allowable
. Facility Lease or Use Costs Except as defined in "(1)" below, the following restnctions apply:
1. Facility lease costs are unallowable costs to the extent that Federal or State funds have been granted
which cover these costs.
2. No lease IS allowable unless the lessor is a 2'd party, separate from the County government, and the
lease is not for jail space. To include any lease cost in the per diem proposal, the County must include
a copy of the lease and documentation of the lessor's Identity and financial interest separate from the
County.
3. Facility Lease or Use Costs By Special Agreement. Identify and deduct from the total cost of
construction, any funds from any other levels of government for the cost of such incarceration facilities.
Only the remaining or net cost of facility construction will be allowed in a proposal for reimbursement
under the special agreement
. Fines and Penalties: Costs resulting from the violations of or failure to comply with Federal, State and local
laws and regulations are unallowable.
. Insurable Losses: Actual losses, which could have been covered by insurance through a self-insurance
program approved by the State Controller's Office or others, are unallowable
. Interest and Other Finance Cost Interest and/or other finance cost on borrowings (however represented),
bond discounts, cost of finanCing and refinancing operations and legal and professional fees paid in
connection therewith, are unallowable.
. Legal Expenses: Legal services furnished by the chief legal officer, related staff and/or assignees, for the
purpose of discharging his or her general responsibilities as the legal officer are unallowable costs. Legal
expenses for the prosecution of claims against the Federal or State government are also unallowable
costs.
Note.' Costs of County attorney as Included in the ICRP or COWCAP are allowable for
establishing Indirect Costs
. Membership: The costs of membership dues are unallowable
. Transportation: Only intra-county (Within county lines) transportation costs are allowable. Inter-county
transportation costs are unallowable Transportation expenditures from a State detention facility to a
county detention facility and vice versa are allowable. Transportation expenditures from a county facility to
a facility of another county are not allowable
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City of Chuta Vista
California Department of Corrections and Rehabilitation
Agreement No. P06.4013
Attachment 1
Offsettino Reimbursements and Applicabie Credits
Costs reimbursed or funded from Federal, State, or other sources, cannot be reimbursed again under Penal Code
Section 2910 or Welfare and Institutions Code Seclion 1776, Dual fundinq is not allowable
All reimbursements for direct Jail services must be offset against direct cost expenditures. Such offsetting
reimbursements include, but are not limited to' ..
. .
. Training funds supported by a Federal or State program .
· Parole revocation-hearing reimbursements for direct jail expenses, such as security staff or Jail utilities, but
not for the reimbursement of costs incurred outside of the jail.
· Transportation costs reimbursed by the Federal, State, or Local government through other approved
programs.
. Court security service reimbursements for direct Jail expenses such as for secunty staff,
Applicable credits refer to those receipts or reduction of expenditure-type transactions that reduce expense items
included in the per diem calculation, to the extent that such revenues and credits are measurable and available for
the county's detention operation. Examples of such transactions are.
. Purchase discounts
. Recoveries or indemnities on losses
. Insurance refunds or rebates
· Adjustments of overpayments or erroneous expenditures
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