HomeMy WebLinkAbout2008/07/15 Item 8
CITY COUNCIL
AGENDA STATEMENT
07/15/2008 1tem---B-
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
OCTOBER 2006 AGREEMENT BETWEEN THE CITY AND
THE CALIFORNIA DEPARTMENT OF CORRECTIONS
AND REHABILITATION, APPROVING A NEW
AGREEMENT WITH THE CALIFORNIA DEPARTMENT
OF CORRECTIONS AND REHABILITATION FOR THE IN-
CUSTODY DRUG TREATMENT PROGRAM AND
APPROPRIATING $54,642 TO THE FISCAL YEAR
2008/2009 POLICE BUDGET BASED UPON
UNANTICIPATED REVENUES.
CHIEF OF POLIC~
CITY MANAGER C;") +; r f)/<,6j
ITEM TITLE:
4/5THS VOTE: YES X NO
SUMMARY
On October 24, 2006, the Council authorized the Mayor to execute an agreement with the
California Department of Corrections and Rehabilitation for the In-Custody Drug Treatment
Program. This program 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 confmement and treatment
to get their substance abuse under controL A new agreement has been created to increase the
daily jail rate for each parolee and increase the number of participants.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental
Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defmed
under Section 15378 of the State CEQA Guidelines because it will not result in a physical
change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
That Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
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DISCUSSION
Since December 2006, the Chula Vista Police Department has been hosting the In-Custody Drug
Treatment Program (ICDTP) in its holding facility. Because of this involvement, the
Department has been assisting the criminal justice system to reduce overcrowding in j ails as well
as providing much needed treatment programs in order to reduce the recidivism rate for criminals
with dependency problems. 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. The program's 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 to a 60-day
community-based treatment phase. The parolees in this program are non-violent offenders. The
Department's involvement ofICDTP is the initial60-day in-custody phase.
07/15/2008, Item 8
Page 2 of2
The current ICDTP agreement allows the State to house as many as 24 parolees at any given
time at a daily jail rate of $71.57. The State has agreed to execute a new agreement to increase
the daily jail rate to $77.17 for each parolee and increase the number of participants from 24 to
36. This new agreement will be effective July I, 2008 and will supersede the current agreement.
Additionally, the increase in the daily jail rate is retroactive to July I, 2007 and thus an
amendment to the current agreement is also required. The amendment will allow the Police
Department to invoice the California Department of Corrections and Rehabilitation for the
difference between the new and old daily jail rate as a retroactive rate adjustment for the period
of July I, 2007 to June 30, 2008. This retroactive adjustment will result in one-time revenue of
approximately $43,000.
DECISION MAKER 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 maximum allowed cost of the new ICDTP agreement is $2.7 million over three fiscal years.
The term of the new agreement is July I, 2008 through June 30, 2011. Due to the increase of
parolees participating in ICDTP, there will be a corresponding increase in expenses to operate
the program. There will be an increase in prisoner food costs of $42,642, medical services of
$8,000 and routine jail supplies of$4,000, which will all be fully offset by the increased revenue,
resulting in no net fiscal impact to the General Fund.
The contract amendment to increase the daily jail rate will generate one-time revenue in the
amount of$43,000, resulting in a positive fiscal impact to the General Fund.
ATTACHMENTS
A. Agreement Number C08.052 with the California Department of Corrections and
Rehabilitation
B. Amendment Number 1 to Agreement Number P06.40l3 with the California Department
of Corrections and Rehabilitation
Prepared by: Edward Chew, Administrative Services Manager, Police Department
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
OCTOBER 2006 AGREEMENT BETWEEN THE CITY AND
THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION, APPROVING A NEW AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION FOR THE IN-CUSTODY DRUG
TREATMENT PROGRAM AND APPROPRIATING $54,642 TO
THE FISCAL YEAR 2008/2009 POLICE BUDGET BASED
UPON UNANTICIPATED REVENUES.
(
WHEREAS, on October 24, 2006, the Council approved an agreement with the
California Department of Corrections and Rehabilitation for the In-Custody Drug
Treatment Program; and
WHEREAS, this program 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, a new agreement has been created to increase the daily jail rate for
each parolee and to increase the number of participants; and
WHEREAS, this new agreement will be effective July 1,2008 and will supersede
the 2006 agreement; and
WHEREAS, before the new agreement is in place, the California Department of
Corrections and Rehabilitation seeks to amend the 2006 agreement to address the increased
daily jail rate; and
WHEREAS, the amendment will allow the Police Department to invoice the
California Department of Corrections and Rehabilitation for the difference between the
new and old daily jail rate as a retroactive rate adjustment for the period of July 1,2007 to
June 30, 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista that it approves an amendment to the October 2006 agreement between the City and
the California Department of Corrections and Rehabilitation, approves a new agreement
with the California Department of Corrections and Rehabilitation for the In-Custody Drug
Treatment Program and appropriate $54,642 to the Fiscal Year 2008/2009 Police budget
based upon unanticipated revenues.
Presented by:
Approved as to form by:
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Richard P. Emerson
Police Chief
Bart Miesfeld
Interim City Attorney
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(1 A f\ -J-
! ..-/ .-Z.~ /~ jl)/~ /~.-----
Bart C. Miesfeld {I
Interim City Attorney
Dated: 7/1 I J 't
/ I
First Amendment to the 2006 Agreement between the
California Department of Corrections and Rehabilitation and
The City of Chula Vista for
The In-Custody Drug Treatment Program
8-4
A~Vv'-~+ ~
ATTACHMENT A
S-:-ATE OF CAliFORNIA - DEPARThlENT OF CORRECTIONS AND REHABILlTATlON
ARNOLD SCHWARZENEGGER. GOVERNOR
DIVISION OF SUPPORT SERVICES
OFFICE OF BUSINESS SERVICES
1515 S Street. Sacramento. CA 95814
P Q. Box 942883
Sacramento, CA 94283-0001
April 16, 2007
City of Chula Vista
Attn: Lt Lon Turner
315 Fourth Avenue
Chula Vista, CA 91910
Oear Lt Turner:
AGREEMENT NUMBER: C08.052
SERVICES: IN-CUSTODY DRUG TREATMENT PROGRAM
Enclosed are four (4) copies of the Standard Agreement (STO 213) for the above-referenced
Agreement All four (4) copies of the STO 213's must be signed with an original signature by an
authorized representative You will note that this Agreement does not include a hard copy of
the General Terms and Conditions for Private Contractors (Exhibit C), which is incorporated into
the Agreement by reference only on the STO 213 Exhibit C may be downloaded from the
Internet at www.ols.dos.ca.oov/standard+lanouaoe and printed for your files. If you do not have
Internet access, you may request a hard copy of the Exhibit C by contacting the contract analyst
at the telephone number listed in the last paragraph of this letter. Please have all STO 213s
dated and signed with an original signature by an authorized representative All
documentation must be returned to the California Department of Corrections and Rehabilitation
(CDCR), Office of Business Services (OBS), at the address on this letterhead Please use the
address below for overnight or hand delivery.
California Department of Corrections and Rehabilitation
Office of Business Services
Attention. Joyce Stevens
7667 Folsom Blvd, Suite 10 1
Sacramento, CA 95826
If not previously submitted, copies of the following document(s) are necessary for approval of
this Agreement
. Board Resolution
. Certificate of Insurance
. Contractor Certification Clauses (CCC)
. STD 204, Payee Data Record
. OBS 4002, Subcontractor/Consultant List
. COCR Form 1786 - DVBE Participation in Exempt Contracts
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BOARD RESOLUTION
Please provide a certified copy of the board resolution, order, motion, or ordinance of
the local governing body, which by law has authority to enter into this Agreement,
authorizing execution of the Agreement as required in the Contractor Certification
Clauses.
CERTIFICATE OF INSURANCE
Self-insured public entities MUST provide proof of self-insurance, which includes
Commercial General Liability, which carry a minimum of $1,000,000 per occurrence for
bodily injury and property damage liability combined
CONTRACTOR CERTIFICATION CLAUSES
Enclosed for your convenience is a copy of the Department of General Services (DGS),
Contractor Certification Clause (CCC). An original signed copy of page 1 of the CCC's must be
returned. Failure to submit a signed CCC will delay approval of this Agreement The CCC's
can also be downloaded from the Internet at www.ols.dos.ca.oov/standard+lanouaqe
STD 204 - PAYEE DATA RECORD
Contractors shall comply with State and Federal Reportable Payment Identification and
Classification Requirements by fully completing the enclosed Payee Data Record (STD 204) as
required in the Contractor Certification Clauses. The STD 204 must correspond with the
Contractor's name exactly as written on the STD 213
OBS 4002 - SUBCONTRACTOR/CONSULTANT INFORMATION
In order for the CDCR to be in compliance with Section 14835 et seq of the California
Government Code, Contractors must identify all subcontractors and consultants that will be
used in the performance of this Agreement on the enclosed Subcontractor/Consultant list
Contractors must further identify on the list those subcontractors and consultants that will be
used in the performance of this Agreement that are also qualified Small and Micro Business
Enterprises The completed Subcontractor/Consultant list must be completed and returned to
the Office of Business Services
CDCR is mandated to complete a Small Business Participation Report that includes each
Contractor doing business with it It is therefore important for reporting purposes to know
whether your firm is considered a Small or Micro business, as those terms are defined in the
California Government Code Failure to complete the Prime Contractor information section on
the enclosed Subcontractor/Consultant List will result in the classification of your business as a
large business
8-6
CDCR 1786 - DVBE Participation in Exempt Contracts
The State has waived the DVBE requirement for this Agreement However, the State is
committed to achieving legislatively established goals for the participation of Disabled Veteran
Business Enterprises (DVBEs) in all state contracting and seeks to use certified DBVE business
whenever possible. Therefore, the State requests your voluntary participation in reporting any
certified DVBEs, including yourself, that will be used in the performance of this Agreement
A CDCR 1786 (DVBE Participation in Exempt Contracts) is enclosed to assist you in reporting
certified DVBE participation levels
This Agreement is not valid unless and until approved by the Department of General Services,
or, under its authority the CDCR The State has no legal obligation unless and until the contract
is approved. Any work commenced by the Contractor prior to approval may be considered
voluntary and the Contractor may have to pursue claim for payment by filing with the Victims
Compensation and Government Claims Board When this Agreement is fully approved, an
original will be forwarded to you.
If you have any questions or need assistance, do not hesitate to contact Joyce Stevens at (916)
229<-5078
Sincerely,
~~
JOYC~TEVENS
Contract Analyst
Office of Business Services
Enclosure(s)
8-7
ST." TE OF CALIFORNIA
STANDARD AGREEMENT
SID 213 (Rev 061031
AGREEMENT NUMBER
C08.052
I REGISTRA nON NUMBER
This Agreement is entered into between the State Agency and the Contractor named below:
STATE-AGENCY'S NAME
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REl-IABILlT A TlON
CONTRACTOR'S NAME
2.
CITY OF CHULA VISTA
The term of this July 1,2008
Agreement is:
The maximum amount $2,704,038
of this Agreement is: Two Million Seven Hundred Four TllOlIsand Thirty Eight Dollars
4 The parties agree to comply with the terms and conditions of the fallowing exhibits, which are by this reference made a
part of the Agreement
Exhibit A - Scope of Work
Exhibit B - Budget Detail and Payment Provisions
Exhibit B -1 - Bid Proposal
Exhibit B -2 - Rate Sheet
Exhibit C' - General Terms and Conditions
Exhibit -0 - Special Terms and Conditions (Attached hereto as part of this agreement)
Exhibit E - Additional Provisions
Attachment 1 - Monthly Invoice
Attachment 2 - Register of Participation
through
June 30, 2011
3
7 pages
3 pages
1 page
1 page
GTC 307
10 pages
2 pages
1 page
i page
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto
These documents can be viewed at www.o}s,dgs ca gov/Standard+Language
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 then an individual. stale whelher a corporation. partnership. etc)
CITY OF CHULA VISTA
BY (Aulhorized Signature) I OATE SIGNEO(l)" """!P')
15
PRINTED NAME AND TITLE OF PERSON SIGNING
CHERYL COX, MAYOR
ADDRESS
315 Fourth A vellue, Chula Vista, CA 91910 619-476-2452
STATE OF CALIFORNIA
AGENCY NAME
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILlT A nON
BY (AUJhot7zed Signature) I DATE SIGNED(T)1I /JIll '.Ll'l:)
tK
PRINTED NAME AND TITLE OF PERSON SIGNING o Exempt per:
ST ACY LOPEZ-KASSIS, CHIEF, SERVICE CONTRACTS SECTION
ADDRESS
POBox 942883 Sacramento, CA 94283-000 I
8-8
City of Chula Vista
California Department of Corrections and Rehabilitation
SCOPE OF WORl(
Agreement No. C08.052
Exhibit A
IN-CUSTODY DRUG TREATMENT PROGRAM
I. OBJECTIVE
The City Jail Facility is designated as an In-Custody Drug Treatment Program (lCDTP)
pursuant to provisions of Health and Safety Code (l-l&S) Section 11560 When the
Division of Adult Parole Operations (DAPO) conclude that there are reasonable grounds
for believing that a parolee is addicted to, habituated to, or is in imminent danger of
addiction to controlled substances or alcohol, the parolee may be placed in the lCDTI' City
Jail 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 Jail
Facility will provide secure housing for up to 60 days for lCDTP parolees while
participating in intensive substance abuse treatment
II. CONTRACT PROVISIONS
The City agrees to provide up to 32 male beds per day commencing July I, 2008 through
June 30, 2011.
The City agrees to staff the facility to ensure that ICDTI' 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 lCOTP parolees within the
immediate proximity of the ICDTP STAR classroom. The City has the authority, when
deemed necessary, to commingle ICDTP parolees with the City general population The
City agrees to make all [COTP parolees available for their scheduled program location at
the City Jail Facility on a timely basis, and within prescribed timeli'ames. Costs for such
supervision and services me included in the negotiated daily per diem rate.
The City agrees to operate the City Jail in compliance with minimum standards lor local
detention facilities established by the COlTections Standard Authority pursuant to Penal
Code (PCl 6030. Failure to meet minimum jail standards may result in termination of tbis
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
con'ect noted deficiencies. The State will give consideration to Cit)' resources available lor
such purposes, with COlTections Standards Authority making the Jinal determination.
A. Administrative Requirements
All COCR, STAR ar1d SASCA staff shall comply with the City Jail Facility's policy
and procedures to include security clearanees, oftice rules, etc. The City agrees to
faeilitate security clearances for access as required to designated office and classroom
areas~
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City of Chula Vista
California Department ofCon"ections and Rehabilitation
SCOPE OF WORK
Agreement No C08052
Exhibit A
1" Administrative Offices
The City agrees to provide offices and other space necessary to accommodate
COCR and STAR staff performing administrative, liaison and programming
activities. Classrooms and ofiice space must be adequately sized and acceptahle to
the State, equipped with operational heating and air conditioning, electrical,
telephone, and data line capability. The COCR and/or STAR contractor will
provide office furnishings and equipment for CDCR/ST AR staff At no additional
cost to the State, the City will provide access to City Jail Facility phone lines and
janitorial services for said City offices occupied by CDCR/ST AR stafT The State
and/or STAR contractor will pay local, long distance and one-time set up telephone
and data line charges incurred. The City will facilitate establishment of telephone
service company(s) direct billing to the State and/or STAR contractor for actual
phone line charges.
2. STAR Classroom Space Requirements
The City agrees to provide a dedicated classroom sufficient to accommodate one (I)
STAR program daily for every 32 parolee participants. The classroom setting will
be a minimum size of 20' x 20' and contain space for one instructor WOl kstation,
round top table and file cabinet An area with secured storage space for supplies
and equipment wiIJ be made available in the near proximity of the classroom.
B. Program Requirements
I. ICOTP Parolee Assignment and Booking Services
a. The CDCR wiIJ retain the right to select and assign ICDTP parolees to the City
Jail Facility.
b. The City retains the light to exclude specific individual ICDIP parolees at the
time of assiglID1ent to the City Jail Facility for safety/security and/or medical
issues requiring non-routine medical services.
c" The City agrees to provide full booking services of lCDTP parolees at the City
Jail Facility. The City wiIJ photograph each lCDTP parolee displaying
applicable detail and, upon request, provide a copy of the photograph and
booking demographics to CDCR. The City further agrees to provide the COCR
access to rCDTP parolee files, inclllding the State's parolee files maintained in
the Automated Jail Information System CAJIS), or equivalent
At the time of booking, the CDCR will designate the rCDTP parolee's primary
charge for booking as H&S Section 11561 - PC Section 3056 (male) or H&S
Section 1 1563 - PC 3056 (female).
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City of Chula Vista
California Department of Corrections and Rehabilitation
SCOPE OF WORK
Agreement No C08052
Exhibit A
2. Visiting Programs
Visiting will be provided to lCDTP parolees to the extent and in the same manner
as it is to City hIDlates.
3. Canteen/Trust Accounts
lCDTP 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 STAR programming
Profits from canteen purchases will remain in the City Inmate Welfare Fund.
4. [CDTP Parolee Propertv
The City will maintain ICDTP parolee property to the extent and in the same
manner as City ilIDlates.
5. Recreational and Religious Programs
The City will provide recreational and religious program services lor ICDTP
parolees to the extent and in the same manner as provided to City inmates
6. Medical Care
The City agrees to provide all required routine and non-routine medical care for
lCDTP parolees housed at the City Jail Facility in the same manner as to City
inmates. The City agrees to hold the State, its officers and employees, harmless lor
any and all medical treatment approved by the City for any ICOTP parolee.
7. lCDTP Parolee Discipline
lCDTP parolees assigned to the City Jail Facility pursuant to this Agreement will be
required to follow all applicable rules established by the Facility Commander. The
administration of discipline to ICDTP parolees and any resultant appeals by
parolees will be in accordance with the pIOvisions in place for City inmates. The
City will provide the State's Representative with a copy of reports for all
disciplinary actions related to ICOTP parolees
8. Gun Storage
The City shall provide storage at the City Jail Facility for firearms brought to the
facility by State employees on any official State business.
9. ICDTP Parolee RecePtion and Release
The CDCR agrees to deliver and receive all ICDTP parolees I-ro111 tbe City Jail
Facility_ Typically, lCDTP parolee booking and release occurs Monday through
Friday 8:00 AM to 5:00 PM This Agreement shall not preclude delivery of ICDTP
parolees prior to or after normal hours by the CDCR.
lCDTP parolees shall be released from tbe City Jail Facility in the same manner as
City inmates. lCOTP parolees must be waiting in Reception and Release,
processed and ready for departure in a timely manner.
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City of Chula Vista
California Department of Corrections and Rehabilitation
SCOPE OF WORK
Agreement No. C08.052
Exhibit A
10. Limitation on Authority to Release
The City agrees that ICDTP parolees assigned to the City Jail Facility shall be
released only upon receipt of written order from the State's Representative Such
release orders shall result from the removal onhe State's parole hold
a. Non-Routine Medical Care
If an ICDTP parolee requires non-routine medical services while in the care of
the City, excluding injuries sustained at the City Jail Facility, the State retains
the right to release the parole hold and/or remove said parolee from the care of
the City. The City must provide verbal notification to the State's Representative
within 24 hours of detem1ining the non-routine medical need. If the State elects
to continue the parole hold for the ICDTP parolee requiring non-routine medical
services, the City may submit a written request, via e-mail, fax, US Postal
Service or personal delivery, to the State's Representative for release of the
ICDTP parolee from the care of the City. The State shall release the ICDTP
parolee from the care of the City within 48 hours of receiving written request.
The written request to the State must provide the specific nature and level of
medical services required Under no circumstances shall the City delay or
withhold emergency medical services while awaiting the State's disposition of
such notice.
Failure of the City to submit a written request for the release of the ICD fl'
parolee from the care of the City shall nullify the obligation of the State to
remove the parole hold or transfer responsibility of said parolee from the City to
the State. [n the event the parole hold is continued and the State receives proper
notice, but is unable to remove the parolee, the State shall reimburse the City for
the authorized cost of non-routine medical care incun'ed by the City beyond 48
hours of notice. The State's obligation for reimbursements under tcrms of this
contract does not extend beyond the City Non-routine medical services of a
non-emergency nature which necessitate continuing medical care beyond 48
hours of notice require written pre-authorization tiom the State
b. ICDTP Parolee Behavior
If the City determines that an ICDTP parolee's behavior is unmanageable. the
City may submit a written request to the State's Representative that the ICDlP
parolee be released from the care of the City. Upon receiving such request, the
State shall remove the ICDTP parolee from the City Jail Facility within two (2)
working days.
c. Completion of 60-Dav ICDTP/ST AR Program
Upon completion of the 60-Day ICDTP/ST AR Program, the State shall order
the release of the ICDTP parolee from the care of the City A SASCA
representative will be assigned to receive and transport the leDTP parolee from
the City to a Phase II community-based program.
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City of Chula Vista
California Department of Corrections and Rehabilitation
SCOPE OF WORK
Agreement No C08 052
Exhibit A
d. Operation Review
The Facility Commander and State's Representative will meet as needed to
discuss and resolve mutual administrative concerns and operational problems
An agenda will be prepared and items discussed will be promptly noted in
meeting minutes with copies provided to the State. If the City and State cannot
resolve mutual disagreements related to direct parolee operational problems, the
City will make the final decision
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 the City Jail Facility pursuant to this contract.
CDCR - California Department of Corrections and Rehabilitation, its agents and
employees
City - the City of Chula Vista, its agents and employees
City Jail Facility - the Chula Vista Police Department, Main Jail Facility
City's Representative - the Chula Vista Police DepaJ1ment, its agents and employees.
Contracted Bed - all bed space for housing of ICDTP parolees within the City Jail
Facility.
Contractor - the City.
DAPO - the CDCR, Division of Adult Parole Operations, its agents or representatives
DARS - the CDCR, Division of Addiction and Recovery Services, its agents or
representatives.
Facility Commander - the employee in charge of Chula Vista Police Department, Main
Jail Facility, within which the contracted beds are located
ICDTP - In-Custody Drug Treatment Program as defined in I-I&S Section I] 561 (male)
and 11563 (female).
ICDTP Parolee - any person under the jurisdiction of the COCR returned to physical
custody pursuant to an order under H&S Section 1] 561 (male) or 1 1563 (female).
Non-Routine Medical Services - medical services provided to an individual for a speciJic
condition or specialized care, such as those that typically require a specialized physician
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City ofChula Vista
California Department of Corrections and Rehabilitation
SCOPE OF WORK
Agreement No. C08.052
Exhibit A
Per Diem Rate - the amount payable by the State for services rendered by the City for
eaeh ICDTP parolee housed during each bed day.
Routine Medical Services - medical services that are normally provided in a City Jail
Facility. Routine medical and dental costs include, but are not limited to physical and
dental examinations received by inmate 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 tooth
brushes. Custodial detoxification services shall also be included in ICDTP Routine
Medical Services and shall be consistent with those provided to an inmate in a City Jail
F aeility requiring detoxification services.
State - the State of California, its agents and employees
State's Representative - the ICDTP Parole Agent II or designee assigned to perfoml
overall administrative liaison and coordination duties between the State and the City.
Substance Abuse Services Coordination Agency (SASCA) - There are four regional
SASCAs, aligned with the four parole regions that ptOvide case management services
within the ICDTP facility in which the parolee participates The SASCAs arc also
responsible to have available community-based providers who deliver the residential
services to the parolee during Phase II, 3D-day residential aftercare treatment.
Substance Abuse Treatment and Recovery I'rogl'am (STAR) - an educational based,
60-day rehabilitation program for adult offenders that offers an alternative to traditional
sanctions and used in conjunction with an ICDTP during Phase I
IV. CHULA VISTA POLICE DEPARTMENT'S CONTACT INFORMATION
Notices, correspondence or communication relating to this agreement should be directed to:
Lieutenant Lon Turner
Facility Commander
City of Chula Vista
Main Jail Facility
315 Fourth Avenue
Chula Vista, CA 91910
Phone: (619) 691-5228
Fax: 619-476-2390
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City of Chula Vista
California Department of Corrections and Rehabilitation
SCOPE OF WORK
Agreement No. C08.052
Exhibit ^
V. CDCR CONTACT INFORMATION
Should questions or problems arise during the term of this contract, the contractor should
contact the following offices:
BillinglPayment Issues:
. Headquarter Accounting Office
Phone Number: (916) 327-0283
FAX Number: (916) 445-2248
Scope of ServieelPerformllnce Issues:
. Division of Adult Parole Operations
Phone Number: (916) 445-6200
FAX Number: (916) 327-0785
. Division of Addiction and Recovery Services
Phone Number: (916) 323-6125
FAX Number: (916) 445-4439
General Contract Issues:
. Office of Business Services
Phone Number: (916) 229-5000
FAX Number: (916) 229-5127
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City of Chula Vista
California Department of Corrections and Rehabiiitation
BUDGET DETAIL AND PAYMENT PROVISIONS
Agreement No COB 052
Exhibit B
1. A!!reement Compensation
The State agrees to reimburse the City for bed space as follows:
The State agrees to compensate the City for the actual number of beds occupied by ICOTP
parolees based on a contract per diem rate for the period of July 1, 2008 through June 30,
2011. Any and all services provided by the City to the State are included in the contract per
diem rate. The contract per diem rate shall be based on the Local Assistance Program, Daily
Jail Rate (DJR) for subject City Jail Facility, approved by the CDCR for the period in which
services are provided, and shall include applicable booking fees and non-routine medical
services. The State shall not reimburse the City for more than 60 bed days per ICOTP
parolee.
Note: Since lCDTP parolees ale 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. The
min::imum contract per diem rate for services provided is presently set at $77 .17 per day. The
maximum contract per diem rate for services provided during FY 200911 0 and FY 2010111
will be the same as the maximum OJR as detennined annually by the Department of Finance.
Exhibit B and Exhibit B-2 will be amended annually to reflect the new maximum contract
per diem rate.
a. Contract Per Diem Rate Requirements
The State requires that the City have an approved DJR for the City Jail Facility to use in
establishing the contract per diem rate. DJR guidelines are outlined in the Daily Jail Rale
Manual for Reimbursements under Seelion 40165 of Ihe PenCil Code, Seclion 1776 of Ihe
Welfare and 1nslilutions Code (DJR) MClnual, which is distributed annually to
participating cities and counties by the CDCR Fisca] Business Management and Audit
Unit. The contract 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 and to the extent that the contract per diem rate may not
exceed the maximum DJR.
b. Annual Contract Per Diem Rate Reviews
In accordance with the Per Diem Rate Requirements, as defined above, and the DJR
Manual, the City Jai] Facility must submit annual DJR Proposals, to the CDCR no later
than March] preceding each new fiscal year. Guidelines for preparation and submittal of
annual DJR Proposals are detailed in the DJR Manua] applicable to each Jiscal year and
subject to update and/or 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 Jail Facility divided by the total inmate bed
days (Average Daily Population x the total number of bed days) in the prior] 2 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
8-16
City of Chula Vista
California Department of Corrections and Rehabilitation
BUDGET DETAIL AND PAYMENT PROVISIONS
Agreement No C08 052
Exhibit B
continue to accept all State ICDTP parolees at the City Jail 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.
2. lnvoicine: 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 (AttaclU11ent 1) and a Register of Participation
(Attachment 2), attached hereto and by reference made a paJ1 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 (CDCR)
Division of Addiction and Recovery Services
Attention: Invoice Unit
P.O. Box 942883
Sacramento, CA 94283-000 I
The City shall sequentially number each monthly invoice submitted. Unless otherwise
provided for under Section 926.10 of the California Government Code, payment will bc
remitted within 60 calendar days of receipt, unless City is notified of a billing dispute within
30 days of receipt.
3. Bude:et Contine:ency Clause
a. It is mutually agreed that if the California State Budget Act for the currcnt 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 perforn1 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 amendmcnt to
Contractor to reflect the reduced amount.
2
8-17
City of Chula Vista
California Department of Corrections and Rehabilitation
BUDGET DETAIL AND PAYMENT PROVISIONS
Agreement No C08 052
Exhibit B
4 Promot Payment Clause
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Chapter 927. Payment to small/micro businesses shall
be made in accordance with and within the time specified in Chapter 4.5, Government Code
927 etseq.
5. Claims
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. ]n the event fLlI1ding is
not available and the City has provided services in good faith, the CDCR agrees to support
the City's filing of a California Victim Compensation and Government Claim.
3
8-18
City of Chula Vista
California Department of Corrections and Rehabilitation (CDCR)
CONTRACTOR RATE REQUEST
Agreement No cas 052
Exhibit B-1
IN CUSTODY DRUG TREATMENT PROGRAM (ICDTP)
The contractor hereby agrees to provide all labor, materials, supplies, licenses, permits,
equipment and transportation necessary to perfonm all services required for the foregoing titled
work in accordance with the Scope of Work, all Terms and Conditions, and Disabled Veteran
Business Enterprise (DVBE) requirements, if applicable, at the rates set forth by the contractor
in Exhibit B-2. Any and all services perfonmed outside the scope of this Agreement shall be at
the sole risk and expense Df the contractor.
Rates must be provided fDr all services listed in Exhibit B-2. Exhibit B-2 shall remain in fDrce for
the stated term Df this Agreement and shall include every item of expense, direct and indirect,
including any taxes incidental to the specified rates. Any quantities listed on Exhibit B-2 are
COCR's estimates only The State does not expressly or by implication agree that the actual
amDunt of work will correspond therewith and reserves the right to omit portions of the work as
may be deemed necessary or advisable by the State.
SMALL BUSINESS ENTERPRISE
Current law encourages state departments to first consider a Small Business Enterprise
(Small)/Microbusiness Enterprise (Micro) fDr contracting opportunities The California
Department of Corrections and Rehabilitation (COCR) is cDmmitted to supporting Small/Micro
business participatiDn in state contracting and seeks to use certified Small/Micro businesses
whenever possible
FDr certification informatiDn, contact the Department of General Services, Office of Small
Business and Disabled Veteran Business Enterprise CertificatiDn (OS DC) by telephone at
(916) 375-4940 or access the OSDC Internet website at wwwpddgscagov/smbus The
CDCR asks that you encourage any subcontractor(s) and/or consultant(s) that are not currently
certified as a Small/Micro business, that you believe may meet the certification requirements, to
become certified through the DGS, OS DC Please provide those subcontractor(s)/consultant(s)
with the asoc contact and certification information provided above
To ensure correct reporting of Small/Micro business and large business participation by COeR,
the contractor shall complete the information section below.
PRiME CONTRACTOR NAME:
o I am a Small Business Enterprise My DGS reference number is:
o I am a Microbusiness Enterprise My DGS reference number is:
o I am a large business
NOTE: IF YOU ARE A CERTIFIED SMALUMICRO BUSINESS ENTERPRISE AND FAIL TO
COMPLETE THIS SECTION, YOUR BUSINESS WILL BE CLASSIFIED AS A LARGE
BUSINESS.
8-19
City of Chuta Vista
California Department of Corrections and Rehabilitation
RATE SHEET
Agreement No. CDS 052
Exhibit B-2
IN CUSTODY DRUG TREATMENT PROGRAM (ICDTP)
TOTAL BUDGET SUMMARY
FISCAL YEAR NO. DAYS NO. BEDS PER DIEM TOTAL
BUDGET
2008/2009 365 32 $77. 17 $901,346
.
2009/2010 365 32 $77 17 $901,346
2010/2011 365 32 $77.17 $901,346
"......;;............>.. TOT ALCONTRACT ALLOCATION $2,704,038.00
Annual Per Diem Rate not to exceed $77.17 per day
Contractor may offer a discount on invoices in order for the invoices to be paid within thirty (30)
days of receipt. Discount offered must be at least one-half of one percent and a minimum of $5 00
Discount offered on invoices to be paid within 30 days of receipt = _0/0 .
. The percent of discount (highest discount prevails) may be used in the event of tie bids. Refer to
the Notice to Prospective Bidders, Bid Submission Requirements.
8-20
City of Chula Vista
California Department of Corrections and Rehabilitation (CDCR)
SPECIAL TERMS AND CONDITIONS
Agreement No C08.052
Exhibit 0
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 afailure to exhaust administrative remedies.
Pending the final resolution of any such disputes and/or ciaims, Contractor agrees to diligently
proceed with the performance of the Agreement, including the delivering of goods or providing
of selVices Contractor's faiiure 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 110199 and California Civil Code Sections 1798, et seq , regarding
the collection, maintenance, and disclosure of personal and confidential information about
individuals.
8-21
City of Chula Vista
CDCR SPECIAL TERMS AND CONDITIONS
Agreement No COB 052
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
CDCR's obligation to pay for services provided under this agreement.
Prior to approval of this agreement and before performing any work, Contractor shall furnish to
the State evidence of valid workers' compensation coverage. Contractor agrees that the
workers' compensation insurance shall be in effect at all times during the term of this
agreement. In the event said insurance coverage expires or is canceled at any time during the
term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to COeR
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. Liability for Loss and DamaQes
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. Accountin~ 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. Liability for Nonconformin~ Work
The Contractor will be fully responsible for ensuring that the completed work conforms to the
agreed upon terms If nonconformity is discovered prior to the Contractor's deadline, the
Contractor will be given a reasonable opportunity to cure the nonconformity If the
nonconformity is discovered after the deadline for the completion of the project, CDCR, in its
-2-
8-22
City of Chula Vista
CDCR SPECIAL TERMS AND CONDITIONS
Agreement No C08052
Exhibit D
sole discreUon, may use any reasonable means to cure the nonconformity. The Contractor shall
be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects
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 and/or consultant information
9. Contract Violations
The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision
of the Public Contract Code (PC C), 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 6675, 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:
a Contractor shall obtain the prior written approval to employ any such ex-offender from
the Authorized Administrator, and
-3-
8-23
City of Chula Vista
COCR SPECIAL TERMS AND CONDITIONS
Agreement No. COB.052
Exhibit D
b 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 Recvclina
The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling
Act of 2003, Chapter B.5, Part 3 of Division 30, commencing with Section 42460 of the Public
Resources Code, relating to hazardous and solid waste Contractor shall maintain
documentation and provide reasonable access to its records and documents that evidence
compliance
14. ~
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 services 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 (Ge)
Sections 1090, 81000 et seq, 82000 et seq., 87100 et seq, and 87300 et seq., Public Contract
Code (PCC) Sections 10335 et seq and 10410 et seq _, California Code of Regulations (CCR),
Title 2, Section 18700 et seq and Title 15, Section 3409, and the Department Operations
Manual (DOM) Section 31100 et seq. regarding conflicts of interest
a. Contractors and Their Employees
Consultant contractors shall file a Statement of Economic Interests, Fair Political
Practices Commission (FPPC) Form 700 prior to commencing services under the
Agreement, annually during the life of the Agreement, and within thirty (30) days after
the expiration of the Agreement Other service contractors and/or certain of their
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 COCR 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 COCR and in that capacity participates in making a governmental decision or
performs the same or substantially all the same duties for the COCR that would
otherwise be performed by an individual holding a position specified in the
COCR's Conflict of Interest Code.
b. Current State Employees
(1) No officer or employee shall engage in any employment, activity or enterprise
from which the officer or employee receives compensation or has a financial
interest and which is sponsored or funded by any state agency, unless the
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8-24
City of Chula Vista
CDCR SPECIAL TERMS AND CONDITIONS
Agreement No COB 052
Exhibii D
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 independeni
contractor with any state agency to provide goods or services
(3) In addition to the above, CDCR officials and employees shall also avoid actions
resulting in or creating an appearance of.
(a) Using an official position for private gain,
(b) Giving preferential treatment to any particular person;
(c) Losing independence or impartiality,
(d) Making a decision outside of official channels; and
(e) Affecting adversely the confidence of the public or local officials in the
integrity of the program
(4) Officers and employees of the Department must not solicit, accept or receive,
directly or indirectly, any fee, commission, gratuity or gift from any person or
business organization doing or seeking to do business with the State
c. Former Slale Employees
(1) For the two year (2-year) period from the date he or she left state employment,
no former state officer or employee may enter into an Agreement in which he or
she engaged in any of the negotiations, transactions, planning, arrangements or
any part of the decision-making process relevant to the Agreement while
employed in any capacity by any state agency
(2) For the twelve-month (12-month) period from the date he or she left state
employment, no former state officer or employee may enter into an Agreement
with any state agency If he or she was employed by that state agency in a policy-
making position in the same general subject area as the proposed Agreement
within the 12-month period prior to his or her leaving state service
In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with
respect to any financial dealings, employment services, or opportunities offered to inmates or
parolees The Contractor shall not itself employ or offer to employ inmates or parolees either
directly, or indirectly through an affiliated company, person or business unless specifically
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 tenms 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
-5-
8-25
City of Chula Vista
CDCR SPECIAL TERMS AND CONDITIONS
Agreement No coe 052
Exhibit D
The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and
activities that create an actual or potential conflict of interest in performance of the Agreement
The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing
of any material changes in the Contractor's business structure and/or status. This includes any
changes in business form, such as a change from sole proprietorship or partnership into a
corporation or vice-versa, any changes in company ownership, any dissolution of the business;
any change of the name of the business, any filing in bankruptcy; any revocation of corporate
status by the Secretary of State; and any other material changes in the Contractor's business
status or structure that could affect the performance of the Contractor's duties under the
Agreement
If the Contractor violates any provision of the above paragraphs, such action by the Contractor
shall render this Agreement void
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment for each meeting of the board or commission, payment for
preparatory time and payment for per diem
16. 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 disciose to the Contractor any
statement{s) known to State staff made by any inmate or parolee which indicate violence may
result in any specific situation, and the same responsibility will be shared by the Contractor in
disclosing such statement{s) to the State
17. . Security Clearance/Finqerprintinq
The State reserves the right to conduct fingerprinting and/or security clearance through the
Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to award
and at any time during the term of the Agreement, in order to permit Contractor and/or
Contractor's employees access to State premises. The State further reserves the right to
terminate the Agreement should a threat to security be determined
18. 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.
The following provisions apply to services provided on departmental and/or institution grounds:
19. Bloodborne Pathoqens
Provider shall adhere to California Division of Occupational Safety and Heaith (CAL-OSHA)
regulations and guidelines pertaining to blood borne pathogens
-6-
8-26
City of Chula Vista
CDCR SPECIAL TERMS AND CONDITIONS
Agreement No C08.052
Exhibit 0
20. Tuberculosis ITS) Testinq
In the event that the services required under this Agreement will be performed within a COCR
institution/parole office/community-based program, prior to the perfollTlance of contracted
duties, Contractors and their employees who are assigned to work with inmates/parolees on a
regular basis shall be required to be examined or tested or medically evaluated for TS in an
infectious or contagious stage, and at least once a year thereafter or more often as directed by
COCR Regular basis is defined as having contact with inmates/parolees in confined quarters
more than once a week
Contractors and their employees shall be required to furnish to COCR, at no cost to COCR, a
form COCR 7336, "Employee Tuberculin Skin Test (TST) and Evaluation," prior to assuming
their contracted duties and annually thereafter, showing that the Contractor and their employees
have been examined and found free of TB in an infectious stage The form COCR 7336 will be
provided by COCR upon Contractor's request
21. Primary Laws. Rules. and Requlations Reqardinq Conduct and Association with State
Prison Inmates
Individuals who are not employees of COCR, but who are working in and around inmates who
are incarcerated within California's institutions/facilities or camps, are to be apprised of the laws,
rules and regulations governing conduct in associating with prison inmates The foliowing is a
summation of pertinent information when non-departmental employees come in contact with
prison inmates
By signing this Agreement, the Contractor agrees that if the provisions of the Agreement require
the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or
subcontractor(s) shall be made aware of and shall abide by the following laws, rules and
reguiations governing conduct in associating with prison inmates.
a Persons who are not employed by COCR, but are engaged in work at any
institution/facility or camp must observe and abide by all laws, rules and regulations
governing the conduct of their behavior in associating with prison inmates Failure to
comply with these guidelines may lead to expulsion from COCR institutions/facilities or
camps
SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of
Regulations (CCR), Title 15, Sections 3285 and 3415
b COCR does not recognize hostages for bargaining purposes COCR has a "NO
HOSTAGE" policy and all prison inmates, visitors, and employees shall be made aware
of this.
SOURCE.
PC Sections 5054 and 5058; CCR, Title 15, Section 3304
c. All persons entering onto institution/facility or camp grounds consent to search of their
person, property or vehicle at any time. Refusal by individuals to submit to a search of
their person, property, or vehicle may be cause for denial of access to the premises
.7.
8-27
City of Chula Vista
COCR SPECIAL TERMS AND CONDITIONS
Agreement No. C08 052
Exhibit D
SOURCE.
and 3288
PC Sections 2601,5054 and 5058; CCR, Title 15, Sections 3173,3177,
d Persons normally permitted to enter an institution/facility or camp may be barred, for
cause, by the COCR Director, Warden, and/or Regionai Parole Administrator
SOURCE:
PC Sections 5054 and 5058; CCR, Title 15, Section 3176 (a)
e It is iIIegai for an individual who has been previously convicted of a feiony offense to
enter into COCR institutions/facilities or camps without the prior approval of the Warden
It is also illegal for an individual to enter onto these premises for unauthorized purposes
or to refuse to leave said premises when requested to do so Failure to comply with this
provision could lead to prosecution
SOURCE:
3289
PC Sections 602, 45705 and 4571, CCR, Titie 15, Sections 3173 and
f. Encouraging and/or assisting prison inmates to escape is a crime It is illegal to bring
firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on COCR
institutions/facilities or camp premises it is illegal to give prison inmates firearms,
explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, Including
cocaine or marijuana
SOURCE:
4574
PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 45735, 4573 6 and
g It is illegal to give or take ietters from inmates without the authorization of the Warden It
is also illegal to give or receive any type of gift and/or gratuities from prison inmates
SOURCE: PC Sections 2540,2541 and 4570; CCR, Title 15, Sections 3010,3399,
3401, 3424 and 3425
h In an emergency situation the visiting program and other program activities may be
suspended
SOURCE:
PC Section 2601; CCR, Title 15, Section 3383
For security reasons, visitors must not wear clothing that in any way resembles state
issued prison inmate clothing (blue denim shirts, blue denim pants)
SOURCE:
CCR, Title 15, Section 3171 (b) (3)
Interviews with SPECIFIC INMATES are not permitted Conspiring with an inmate to
circumvent policy and/or regulations constitutes a rule violation that may result in
appropriate legal action.
SOURCE.
CCR, Title 15, Sections 32615,3315 (3) (W), and 3177
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8-28
City of Chula Vista
CDCR SPECIAL TERMS AND CONDITIONS
Agreement No C08052
Exhibit D
22. ClothinQ Restrictions
While on institution grounds, Contractor and all its agents, employees, and/or representatives
shall be professionally and appropriately dressed in clothing distinct from that worn by inmates
at the institution. Specifically, blue denim pants and blue chambray shirts,
orange/redlyellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto
institution grounds, as this is inmate attire Contractor should contact the institution regarding
clothing restrictions prior to requiring access to the institution to assure the Contractor and their
employees are in compliance.
23. Tobacco-Free Environment
Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the
grounds of any institution or facility under the jurisdiction of the Department of Corrections and
Rehabilitation is prohibited
24. Prison Rape Elimination Policy
The California Department of Corrections and Rehabilitation (CDCR) is committed to providing a
safe, humane, secure environment, free from sexual misconduct This will be accomplished by
maintaining a program to ensure education/prevention, detection, response, investigation and
tracking of sexual misconduct and to address successful community re-entry of the victim The
CDCR shall maintain a zero tolerance for sexual misconduct in its institutions, community
correctional facilities, conservation camps and for all offenders under its jurisdiction All sexual
misconduct is strictly prohibited
As a contractor with the CDCR, you and your staff are expected to ensure compliance with this
policy as described in Department Operations Manual, Chapter 5, Article 44
25. Security ReQulations
a Unless otherwise directed by the entrance gate officer and/or Contract Manager, the
Contractor, Contractor's employees and subcontractors shall enter the institution through
the main entrance gate and park private and nonessential vehicles in the designated
visitor's parking lot Contractor, Contractor's employees and subcontractors shall
remove the keys from the ignition when outside the vehicle and all unattended vehicles
shall be locked and secured while on institution grounds
b Any State- and Contractor-owned equipment used by the Contractor for the provision of
contract services, shall be rendered temporarily inoperative by the Contractor when not
in use, by locking or other means unless specified otherwise.
c In order to maintain institution safety and security, periodic fire prevention inspections
and site searches may become necessary and Contractor must furnish keys to
institutional authorities to access all locked areas on the worksite. The State shall in no
way be responsible for Contractor's loss due to fire
d Due to security procedures, the Contractor, Contractor's employees and subcontractors
may be delayed at the institution vehicle/pedestrian gates and sally ports Any loss of
-9-
8-29
City of Chula Vista
CDCR SPECIAL TERMS AND CONDITIONS
Agreement No C08 052
Exhibit D
time checking in and out of the institution gates and sally ports shall be borne by the
Contractor.
e Contractor, Contractor's employees and subcontractors shall observe all security rules
and regulations and comply with all instructions given by institutional authorities
f Electronic and communicative devices such as pagers, cell phones and
cameras/microcameras are not permitted on institution grounds.
g Contractor, Contractor's employees and subcontractors shall not cause undue
interference with the operations of the institution
h. No picketing is allowed on State property.
26. Gate Clearance
Contractor and Contractor's employee(s) and/or subcontractor(s) must be cleared prior to
providing services. The Contractor will be required to complete a Request for Gate Clearance
for all persons entering the facility a minimum of ten (10) working days prior to commencement
of service The Request for Gate Clearance must include the person's name, social security
number, valid state driver's license number or state identification card number and date of birth
Information shall be submitted to the Contract liaison or his/her designee CDCR uses the
Request for Gate Clearance to run a California law Enforcement Telecommunications System
(ClETS) check. The check will include Department of Motor Vehicles check, Wants and
Warrants check, and Criminal History check
Gate clearance may be denied for the following reasons. Individual's presence in the institution
presents a serious threat to security, individual has been charged with a serious crime
committed on institution property, inadequate information is available to establish positive
identity of prospective individual, and/or individual has deliberately falsified his/her identity
All persons entering the facilities must have a valid state driver's license or photo identification
card on their person
-10-
8-30
City of Chula Vista
California Department of Corrections and Rehabilitation (CDCR)
ADDITIONAL PROVISIONS
Agreement No COS 052
Exhibit E
1. Contractor Emplovee Misconduct
During the performance of this Agreement, it shall be the responsibility of the Contractor
whenever there is an incident of use of force or ailegation(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 ail 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 wiil 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 CDCR inmates and/or parolees at the facility and access to inmate
and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of
the CQntractor, 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 any and 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 employee personnel records, as a condition of the Agreement
2. Riqht to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C)
The parties hereto agree that either party may cancel this Agreement by giving the other party
written notice thirty (30) days in advance of the effective date of such cancellation In the
event of such termination, the State agrees to pay Contractor for actual services rendered up
to and including the date of termination
3. Subcontractinq
Services provided are to be performed primarily with the staff of the public entity or, in the
case of educationai institutions, auxiliaries or foundations, by the faculty, staff or students
associated with the particular institution Agreements are not to be used by state agencies to
circumvent the competitive bidding requirements of Public Contract Code Section 10340
If more that twenty-five (25).percent of the total contract amount or $50,000.00, whichever is
less, is subcontracted, non-competitive bid approval must be obtained from the Agency
Secretary of the Youth and Adult Correctional Agency and the Department of General
Services prior to the commencement of services, unless the subcontract was competitively
bid or the subcontractor(s) also qualifies as a state agency, governmental agency, or joint
power
4. Insurance Requirements
Insurance as required herein shall be a condition of the State's obligation to pay for services
provided under this Agreement. Prior to approval of this Agreement and before performing
any work, Contractor and any subcontractor shall furnish to the State evidence of valid
8-31
City of Chula Vista
CDCR ADDITIONAL PROVISIONS
Agreement No CDS 052
Exhibit E
coverage. The following shall be considered evidence of coverage. A certificate of
insurance, a "true and certified" copy of the policy, or any other proof of coverage issued by
Contractor's insurance carrier. Binders are not acceptable as evidence of coverage.
Providing evidence of coverage to the State conveys no rights or privileges to the State, nor
does it insure any State employee or insure any premises owned, leased, used by or
otherwise or under the control of the State It does, however, serve to provide the State with
proof that the Contractor and any subcontractor is insured at the minimum levels required by
the State of California
Contractor agrees that any liability insurance required in the performance of this Agreement
shail be in effect at all times during the term of this Agreement in the event said insurance
coverage expires or is canceled during the term of this Agreement, Contractor's insurance
provider must agree to give at least thirty (30) days prior notice to the State before said
expiration date or notice of canceilation. Evidence of coverage required in the performance of
this Agreement shall not be for less than the remainder of the term of this Agreement or for a
period of not less than one yeaL The State and the Department of General Services (OGS)
reserve the right to verify. the Contractor's evidence of coverage; evidence of coverage is
subject to the approval of the OGS. In the event the Contractor fails to keep insurance
coverage as required herein in effect at all times, the State reserves the right to terminate this
Agreement and to seek any other remedies afforded by the laws of the State of California
Contractor hereby represents and warrants that the Contractor and subcontractors are
currently and shail for the duration of this Agreement be insured and provide proof of self-
insurance against
Commercial General Liabilitv - Provider agrees to carry a minimum of $1,000,000 per
occurrence for bodily injury and property damage liability combined
- 2 -
8-32
City of Chula Vista
In-Custody Drug Treatment Program
Agreement No~ C08 052
Attachment 1
MONTHLY INVOICE
60-DA Y rCDTP Contract Program
Cily of Chuln Vista
And
STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS & REHABILITATION
SUBMITTED BY:
VIA:
TO:
Facility Commander
City of Chula Vista
315 Fourth Avenue
Chula Vista, CA 91910
Department of Corrections &
Rehabilitation
Office of Substance Abuse Programs
POBox 942883
Sacramento, CA 94283
(916) 323-6125
Department of Corrections &
Rehabilitation
Accounting Services
PO Box 187018
Sacramento, CA 95818
(916) 327 -0283
In accordance with the terms of Agreement No. C08.052. payment is requested for services satisfactorily provided
during the month of .20_
Line I
TOTAL ICDTP PARflC1PANT Dt\YSI1):
Line 2
DAIl Y PER DIEM M IE
x
Line 3
TOT AL I' A YMENT REQUESTED:
Line I X Lim: 1
CLAIM CER11FICA nON:
I hereby certify under penalty of perjury that the County named herein is entitled to amount claimed, thallhc claim within is in
all respects a Imc and correct statement of costs incUlred under this agreement and that this certification tS not in violmion of any
of tile provisions in Government Code Sections 1090 and 1096, inclusive
Signature ufFacilily Commander
Oak
Signature or Slate Representative
Duil.:
Note:
(I)"! olal participants days: is obtnincd from llttllcbcd 60-DA Y lCDTP R(:gistcr of"Participl.ltion fonn. which includes the nrsL day of
participation, bUll10t the last day
8-33
City of Chula Vista
In-Custody Drug Treatment Program
Agreement No, COB,052
Attachment 2
GO-DAY ICDTP REGISTER OF PARTICIPATION
TolallCDTP placement not to exceed 60 days
CD
I
c..J
.1>0
Booking Number Last Name First Name COeR Number Rare Date ollCDTP Dale of ICDTP Billable Days In
(1) (2) (3) (4) Plac;;~ent Re:~~se ,cgiP
15
-
-
---
I
(1) Jail Booking Number
(2) Name of Parolee (May nol agree with COeR name)
(3) COCR 10 Number
(4) Enter ~R" for Released or ~C~ for Parolee continumg miD the following month
(5) Dale of lCOTP placement/OHO detention starts or the first date of invoice period
(6) Date ICDTP/OHO placement ends or lasl day of invoice month
(7) Days In ICOTP/STAR programmmg (billable month only). Column (7) equals column
(6) mmus column (5) date
THE ATTACHED AGREE.MENT HAS BEEN REVIE\VED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~ lL/~ ;j.~
Bart C. Miesfeld &
Interim City Attorney
Dated: 1 / ? /0 1
I I
Agreement between the California Department of Corrections and
Rehabilitation and the City of Chula Vista for the
In-Custody Drug Treatment Program
8-35
A-+tv.c.hvYler+B
ATTACHMENT B
STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS AND REHABILITATION
ARNOLD SCHWARZENEGGER. GOVERNOR
DIVISION OF SUPPORT SERVICES
OFFICE OF BUSINESS SERVICES
7667 Folsom Blvd, Suit. 101
Sacramento, CA 95826~261 S
PO Box 942883
Sacramento, CA 94283.000 1
June 4, 2008
Ll Lon Turner
City of Chula Vista
315 Fourth Avenue
Chula Vista, CA 91910
Dear Lt. Turner:
AGREEMENT NUMBER: P06.4013
AMENDMENT NUMBER: 1
SERVICE: IN.CUSTODY DRUG TREATMENT PROGRAM (ICOTP)
Enclosed for your signature are the above-referenced Standard Agreements and related
exhibits. This amendment is not valid unless, and until, approved by the Department of
General Services, or under its authority, the California Department of Corrections and
Rehabilitation (COCR). The State has no legal obligation unless, and until, the amendment is
approved. The State assumes no responsibility for any work commenced by the Contractor and
will not reimburse the Contractor for any work performed prior to approval of the amendment.
When this amendment is fully approved, an original will be forwarded to you. Please allow up to
two months for approval.
The following documents must be returned to our office before this Agreement can be sent to
DGS for approval:
Board Resolution
Please proVide a certified copy of the board resolution, order, motion, or ordinance of the local
governing body which by law has authority to enter into this Agreement, authorizing execution of
the Agreement as required in the Contractor Certification Clauses.
Certificate of Insurance
Self-insured public entities MUST provide proof of self-insurance
Please have all items dated and signed with an original signature by an authorized
representative.
All documentation must be returned to CDCR, Contracts Management Branch, at the address
below:
8-36
City of Chula Vista
Page 2
California Department of Corrections and Rehabilitation
Contracts Management Branch
Attention: Richard Zeunges
1515 S Street, Suite 127N
Sacramento, CA 95811-7243
If the amendment and other required document(s) are not returned within two weeks, payment
of any outstanding invoices may be delayed until the amendment is approved.
If you have any questions or need assistance, do not hesitate to contact me at (916) 229-5045.
Sincerely,
Richard Zeunges
Contract Analyst
Contracts Management Branch
8-37
STATE Or: CALIFORNIA
STANDARD AGREEMENT AMENDMENT
570 213A{Revli/03)
o CHECK HERE IF ADDITIONAL. PAGES ARE AITACHED _Pages AGREEMENT NUMBER AMENDMENT NUMBER
P06.4013 1
REGISTRATION NUMBER
1. This Agreement is entered into between the State Aqency and Contractor named below:
STATE AGENCY'S NAMe.
California Department of Corrections and Rehabilitation (CDCR)
CONTRACTOR'S NAME
City of Chula Vista
2 The term of this July I, 2006 through July 31, 2008
Agreement is or upon approval, whichever occurs later
3. The maximum amount of this $1,362,229
Agreement after this amendment is: One Mlllion Three Hundred Sixty-two T110Usand Two Hundred Twenty-nine Dollars
4. The parties mutually agree to this amendment as follows. AIi actions noted below are by this reference made a part
of the Agreement and incorporated herein:
Contract No P06A013, dated December 6, 2006, for the In-Custody Drug Treatment Program (ICDTP) at the
City of Chula Vista jail facility, is amended effective 7/1/2007, to increase the per diem rate for the 2007/08 Fiscal
Year, reduce funding for Fiscal Year 2008/09, and change the contract end date to July 31, 2008. All funding for
Fiscal Year 2009/10 and Fiscal Year 2010/11 is eliminated.
Effective 7/1/2007, Exhibit 8-1 (Fiscal Year Funding Summary), is replaced with the new Exhibit B-1,
Amendment No I, that revises the following:
a. The per diem jail rales for FY 2007/08 and FY 2008/09 are increased to $77.17 per
bed
b The total amount funded for FY 2008/09 is reduced by $569,539 to $57,414.
c All funding for FY 2009/10 and FY 2010/11 is eliminated.
d. The maximum amount of this Agreement is decreased by $1 ,774,255 from $3,136,484
to $1,362,229
2 Changes the term end date of this agreement to July 31,2008.
All other terms and conditions shall remain the same
IN WITNESS WHEREOF, this A9reement has been executed by the parties hereto.
CALIFORNlA
CONTRACTOR Department of General Services
CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership. elc) Use Only
City of Chula Vista
BY (Avthorized Signalul1J} I DATE SIGNED (Do not type)
25
PRINTED NAME AND TITLE OF PERSON SIGNING
Cheryl Cox, Mayor
ADDRESS
315 Fourth Avenue
Chula Vista, CA 91910
STATE OF CALIFORNIA
AGENCY NAME
California Department of Corrections and Rehabilitation (CDCR)
BY (Authorized Signature) I DATE SIGNED (Do not type)
25
PRINTED NAME AND TITLE OF PERSON SIGNING o Exempt per:
Stacy Lopez-Kassis, Chief, Service Contracts Section
ADDRESS
PO Box 942883 Sacramento, CA 94283-0001
8-38
ex:>
I
w
<D
California Department of Corrections and Rehabilitation
City of Chula Vista
FISCAL YEAR FUNDING SUMMARY
City of Chula Vista
Conlrad
Year
Contracled BudgelerJ
Beds ParOiem
Totnl&dgel
Allocalion
Aml!lldml!nl(t:3)
Amount
Punod
FY
No. Oavs Per Year
.
1 7/1/06 - 6/30/07 06107 365 2' $ 71.57 $ 626.953
2 711/07 - 6/30108 07/08 366 24 $ 77.17 $ 677.862 $ 49.190
3 7/1/08 - 7/31/08 08109 31 24 $ 77.17 $ 57,414
8/1/08 - 6/30/09 334 0 $ - $ - $ (569.539)
4 7/1/09.6/30/10 09/10 365 0 $ . $ - $ . (626.953)
5 7/1/10-6/30/11 10/11 365 0 $ - $ - $ . (626.953)
$ 1.362.229$ (1.774.255)
Agreement No. P06.4013. AM1