HomeMy WebLinkAboutCounty of Madera - Authorizing the city the use of Inmate Labor on government-owned facilities & groundsr�rca'rys�AGENDA ITEM NO. I C
REPORT TO THE CRY COUNCIL
COUNCIL MEETING 01113109
January 13, 2%9 R
piY W NAC£R
FROM: JERRY P. DYER, Chief of Police
police Department
BY: TOM LABAND, Lieutenant
Police Depadmem
APPROVE THE CONTRACT BETWEEN THE CRY OF FRESNO AND COUNTY OF
MADERA AUTHORIZING THE CITY THE USE OF INMATE LABOR ON GOVERNMENT-
OWNED FACILITIES AND GROUNDS
KEYRESULTAREA
is recommended that City Council approve the Agreement between the City of Fresno ('CfV) and
mnty of Madera ('County')euthoriong the City to use Inmate labor, supplied by Me County, to perform
snk on govemment�owmed facilities and grounds.
The City recognizes the deneRts of utilizing inmate labor as acast-effective method of conducting a variety
of tasks facing a large metropolitan city. In an effort to improve bre Citys efficiency and to supplement our
current paid woddorca, staff is proposing the use of inmate labor as a low-cost alternative. Inmate tabor
can provide a variety of ideas deemed beneficial to the City. These duties include, but are not limited to:
clearing unwanted or unsightly dead brush or trees; garbage and Mer clean-up; landscape and medlan
care; and generalized city beautification projects.
Under this Agreement, the County has agreed to provide Inmates to be supervised by an authorized City
employee, Monday through Friday excepting holidays. The City will provide all supervision, transportation,
restroom faciliges and workere compensation insurance far the inmates. Meals will be provided by the
County. This agreement is set to begin on January 1, 2099, continuing fm a term M three years; and either
party may terminate early upon 24hours prior notice.
KEY OBJECTIVE BALANCE
The Contract between the City anti County balances the three key objectives of prudent financial
management employee satlsfectlin, and customer eetlsfacfbn by providing for use of Inmate labor
throughout tin City providing cleaving and maintenance activities at the lowest posslMe cost thereby
providing a dean and pleasant living and working environment, r�nmmemcfi nu+m
nv
YtIe1FRT TO MAYOR'S VETO iiire lnn_T
Report to Council
Inmate Labor Agreement with County of Madera
January 13. 2009
Page 2
BACKGROUND
For the past three Were the City has been utilizing inmate labor under a contract with the County of
Fresno. The Fresno County Strong discontinued the availability of inmate labor to real governments
during The Summer of 2008. Recognizing the value of inmate labor to the community, the City has reacha i
an agreement with Madera County to provide Inmate labor.
FISCAL IMPACT
There will be a minimal Impact to the City's general fund by authorizing this contract Individual
departments that participate in Nis program will experience an increase in administrative costa associated
wi h the transportation add supervened of the Inmates, due to the Increased distance to Madera County.
These costs can be absorbed whin the existing budgets.
Agreement between the City of Fresno and County 0f Madem.
cr rsesrvo MAOERA COUNTY CONTRACT NO. Z1v q
r„�.ua„on�Iayr,w CITY OF FRESNO AGREEMENT NO.
(Agreement for use of Prisoner Labor Upon Public Warks)
THIS AGREEMENT is made and entered into this day of ,
2007, by and between the COUNTY OF MADERA, a political subdiNsion of the State
of California, hereinafter referred to as "COUNTY,' and the CITY OF FRESNO, a
municipal coryoalion, located In the County of Fresno, hereinafter referred to as
"CITY.”
RECITALS
A. Pursuant to the above authority, both COUNTY and CITY desire to permit
selected sentenced inmates of COUNTY Jail to perform work on State of California
("STATE") facilities and highways pursuant W any agreement CITY enters into With
STATE for such work, as COUNTY and CRY find that such work is of benefit to both
the residents of CITY and COUNTY.
B. Both COUNTY and CITY also desire to permit selected sentenced
inmates to Perform work on CITY facilities and grounds, as COUNTY and CITY find that
such work is of benefit to both the residents of CITY and COUNTY.
C. CITY is willing to protide a responsible CITY employee(s), subject to
COUNTYs approval, to direct and control the selected sentenced inmates during
tansportation to and from COUNTY Jail and during Performance of work under this
Agreement.
1. OBLIGATIONS OF COUNTY.
1.01 COUNTY will permit sentenced Inmates housed In COUNTY Jail located
In Madera, California to be transported, on Monday through Friday only
(as further described in section 1.02 below), to (a) STATE's facilities and
highways located within Madera and Fresno Counties for the puniness of
1
providing manual, unskilled labor on STATE'S facilities and highways as
may be directed by CITYs Chief of Police or his/her designee, soldier (b)
to CITY's facilities and grounds in Fresno, California for the purpose of
pressing routine maintenance work on CITY's facilities and grounds as
may be tlirected by the City Manager of CITY or hislher designee. Such
inmates shall be only those confined In COUNTY Jail. CITY reserves the
right to reject any Inmate.
7.02 COUNTY Coordinator will coordinate the scheduling of inmates
participating under this Agreement with the respective CITY Coordinator at
least twenty-four (24) hours in advance of each workday under the
Agreement.
1.03 If an inmate is injured at the job site while in CITY's custody and CITY
Coordinator verbally notifies COUNTY's Corrections Department of same,
the following actions shall be taken by COUNTY:
1.03.1 If the inmate is admitted to a hospital emergency room for
emergency medical treatment, COUNTY shall dispatch COUNTY
personnel to the hospital to take custody of the inmate.
1.03.2 If requested by the Inmate, COUNTY shall assist injured inmates In
returning claim forms provided to inmates or their representative by
CITY following the Injury. Claim forms completed by the Inmate for
return to CITY shall be provided to CITY in a timely manner.
1.03.31n the event that CITY Coordinator arranges transportation of
injured inmate to COUNTY Jail for treatment as provided in section
2.09 below, COUNTY shall accept custody of inmate at COUNTY
Jail and provide for medical care of the inmate. COUNTY shall
2
arrange for transportation of the Inmate to a hospital 'd COUNTY
determines that COUNTY Jail Is unable to treat the injured inmate.
1.03.4 In the event that COUNTY Invoices CITY for treatment of an inmate
transported to COUNTY Jail for treatment as provided in section
2.10 below, then all such invoices shall be subject to the Official
Medical Fee Schedule and Utilization Review in accordance with
sections 9789.10 at seq. and sections 9792.8 at seq., respectively,
of Title 8 of the California Code of Regulations.
1.04 Meals provided for inmates participating under this Agreement shall be at
COUNTY'S sole cast and expense.
2. OBLIGATIONS OF CITY.
2.01 The respective CITY Coordinator will provide direct supervision and
transportation of Inmates while the inmates are In the custody of CITY.
CITY shall provide the name and contact information of the person(s)
selected by CITY as the CITY Coordinatarts) to COUNTY Director of
Corrections. The CITY will ensure that the persons) it selects as its CITY
Coordinators) has a CPR certificate.
2.02 Transportation of the Inmates from COUNTY Jail to the CITY or STATE
facilities and from the CITY or STATE facilities to COUNTY Jail shall be
the responsibility of CITY. CITY shall pick up inmates at COUNTY Jail not
later than 8:00 a.m., and return the inmates to COUNTY Jail not later than
730 P.M. that same day, except where one of the following applies:
2.02.1 On days recognized as holidays by CITY ("CITY holidays"), which
may or may not be the same days recognized as holidays by
COUNTY;
5
2.02.2 On days when CITY is unable to. transport the inmates or provide
work for them, due to weather condRions, equipment problems, lack
of supervising personnel, or for any other reason.
It is understood and agreed that in the respective CITY Coordinators discretion,
Inmates may be transported to woM on STATE'a facill and highways, as providetl in
section 1.01 above, on days recognized as holidays. by STATE ("STATE holidays°) that
are rat CITY or COUNTY holidays. In the event that the respective CITY Coordinator
does not exercise his or her discretion to bansport the inmates on such days to work on
STATE's facilities and highways, then CITY will transport inmates for work on CITY
facilities and grounds as provided In section 1.01 above; provided, however, the
exceptions set forth in this subsection do not apply.
2.03 CITY shall return to COUNTY Jail any inmate participating under this
Agreement who is repeated by CITY to have attempted escape, suffered
an injury and transported to a hospital emergency mom for emergency
medical treatment, Inflicted an Injury on another person or property, or
otherwise created a disturbance.
2.04 Before CITY transports inmates under this Agreement, CITY shall provide
the COUNTY Coordinator with a list of all CITY holidays and STATE
holidays to occur between January 1, 2009 and December 31, 2009. On
or before December 15k of each year of this Agreement, the CITY
Coordinator shall provide the COUNTY Coordinator with a list of all CITY
holidays and STATE holidays to. occur In the following calendar year
(January 1 through December 31).
C
2.05 In the event that CITY is unable to transport the Inmates or provide work
for them, due to weather conditions, equipment problems, lack of
supennsing personnel, or for any other mason, CITY shall verbally notify
the COUNTY Coordinator by telephone no later than 7:00 a.m. that CITY
will not be picking up inmates for work that day.
2.06 CITY shall not allow the inmates to work more than twelve (12) hours per
day, including the time it takes to transport the inmates from COUNTY Jail
to the work site and the time it takes to return the inmates form the work
sRe to COUNTY Jail. CITY shall also give the inmates a minimum of two
(2) fifteen (15) minute breaks and a thirty (30) minute lunch break each
day that the Inmates work for CITY. These breaks shall not count towards
the twelve (12) hour time limit, noted above.
2.07 While in the custody of CITY, the inmates shall be udder the continuous
(except during any emergency transport of an injured inmate to Ne
emergency mom of a hospital and until anival of law enforcement at the
hospital to assume custody), direct supervision of a full-time CITY
employee who has met all the requirements for a CITY Coordinator.
COUNTY agrees that any law enforcement personnel employed by the
CITY are approved by COUNTY for supervising inmates during
work -release times pursuant to this Agreement.
2.08 CITY shall be responsible for thefollowing:
2.08.1 To explain to inmates the standard of performance for each job
they am assigned and to supervise them through acceptable job
completion.
2
2.08.2 To provide applicable safety Instruction and briefing to the Inmates,
and provide all tools and safety equipment required for assigned
jobs.
2.08.3 To provide the Inmates with restmom facilities and a lunch area and
break area.
2.08.4 To comply with all applicable safety, health codes and regulations
related to the type of labor the inmates will be doing under this
Agreement.
2.09 CITY further agrees to verbally notify COUNTY Department of Corrections
by telephone immediately of any escape or a0empted escape by any
inmate participating under this Agreement, any injury to person or property
suffered by an Inmate or Inflicled by an inmate participating under this
Agreement, or any other urgent incident.
2.10 If an inmate is injured at the jab site while in CITY's custody under this
Agreement, the following actions shall be taken by CITY:
2.10.1 CITY shall record the inmate's injures by completing a County
Accident Investigation Report which will be provided by COUNTY.
This form is to be completed for sit injures whether or not the
inmate requires medical attention.
2.10.2 CITY will arrange for medical care by either (a) returning the inmate
to COUNTY Jail for treatment by jail medical staff, or (b) arranging
for emergency transportetbn to the emergency roam of a hospital
where custody of the inmate will be transferred to the County. If
CITY arranges for emergency transportation to a hospital
emergency mom, CITY shall refer the inmate to Community
1.9
Regional Medical Center ("CRMl Saint Agnes Medical Center
("SAMC"), or other authorized medical provider as agreed to by
both COUNTY and CITY. If the inmate is taken to CRMC, SAMC,
or other such medical provider for treatment; the treatment
authorization needs to note that the treatment billing will be CITY's
responsibility. CITY will dispatch CITY law enforcement personnel
to the respective hospital to standby until the arrival of COUNTY
law enforcement personnel.
2.103CITY shall Issue. receive, complete and forward a DWC 1 Pone
(Employee's Claim for Workers Compensation Benefits) to the
COUNTY within twenty-four (24) hours of notice of the Injury, or
receipt of the DWC 1 Form, fmm the inmate.
2A0.4CITY shall notify COUNTY telephonically within twenty-four (24)
hours following the injury to the inmate. CITY will also forward
copies of the County Accident Investigation Report and completed
DWC 1, if necessary, to both COUNTY Depar mend of Connections
and COUNTY Risk Management within twenty-four (24) hours.
3. COMPENSATION/INVOICING. There shall be no monetary consideration
paid by any party to the other under the Agreement. The parties' mutual premises to
perform shall be the consideration of this Agreement.
4. TERM AND TERMINATION.
4.01 This Agreement shall be for a term of three (3) years, beginning
January 1, 2009 and ending January 1, 2012, unless and until terminated
earlier by either party in accordance with this Agreement.
G
4.02 This Agreement may be terminated by either party for any reason by
giving written notice to the other parry at least twenty-four (24) hours In
advance of the effective date of such termination. The Director of
Corrections shall have authority to terminate this Agreement pursuant to
this paragraph on behalf of the COUNTY. CITY's City Manager shall have
authority to terminate this Agreement pursuant to this paragraph on behalf
any notice required or Intended to be given to either party under the terms of this
Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or
sent by United States registered or certified mail, with postage prepaid. return receipt
requested, addressetl to the party to which notice is M be given at the party's address
set forth on the signature page of this Agreement or at such other address as the
parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
County of Madera Chy of Fresno
Department of Corrections Andrew T. Souza
Ahn: Doug Papagni City Manager
14191 Road 28 2600 Fresno St.
Madera, CA 93638 Fresno, CA 93721
Phone (559) 675-7951 Phone(559)621-7770
FAX(559)488-3982 FAX(559)621-7776
hi
of the CITY.
5.
NOTICES.
Except as
otherwise
expressly
provided in
this
Agreement,
any notice required or Intended to be given to either party under the terms of this
Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or
sent by United States registered or certified mail, with postage prepaid. return receipt
requested, addressetl to the party to which notice is M be given at the party's address
set forth on the signature page of this Agreement or at such other address as the
parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
County of Madera Chy of Fresno
Department of Corrections Andrew T. Souza
Ahn: Doug Papagni City Manager
14191 Road 28 2600 Fresno St.
Madera, CA 93638 Fresno, CA 93721
Phone (559) 675-7951 Phone(559)621-7770
FAX(559)488-3982 FAX(559)621-7776
hi
With copy to
Terms G. BoA Chief Clark
Madera County Boats of Supervisors
200 West 4'h Street
Madera, CA 93837
Phone(559)675-7700
FAX (559) 873-3302
COUNTY and CITY both agree to notify the other of any change of identity of any
of Its Comminator(s), or contact person(s) named above, for this Agreement,
8. MUTUAL HOLD HARMLESS. CITY agrees to indemnify, save, hold
harmless, and at COUNTY'S request, defend COUNTY, its officers, agents, and
employees from any and all costs and expenses, damages, liabilities, claims, and
losses occurring or resulting to COUNTY In connection with the performance, or failure
to perfomr, by CITY, its officers, agents, or employees under this Agreement, and from
any and all costs and expenses, damages, liabilities. claims. and losses occurring or
resulting to any person, firm, or corporation who may be Injured or damaged by the
performance, or failure to perform, of CITY, Its officers, agents, or employees under this
Agreement.
COUNTY agrees to Indemnify, save, hold harmless, and at CITY's request,
defend CITY, Its officers, agents, and employees from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to CITY in connection with
the performance, or failure to perform, by COUNTY, its officers, agents, or employees
under this Agreement. and from any and all costs and expanses, damages, liabilities,
claims, and losses occurring or resulting to any person, firm, or corporation who may be
Injured or damaged by the performance, or failure to perform, of COUNTY, its officers,
agents, or employees under this Agreement.
In the event of concurrent negligence on the part of COUNTY or any of its
officers, agents or employees, and CITY or any of its othcers, agents, or employees, the
liability for any and all such claims, demands and actions In law or equity, for such
losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the
State of Calrfomia's theory of comparative negligence as presently established or as
may be modified! hereafter.
This section shall survive termination or expiration of this Agreement.
T. INDEPENDENT CONTRACTOR. In performance of the work, duties and
obligations assumed by CITY under this Agreement, it Is mutually understood and
agreed that CITY, including any and all of the CITY officers, agents, and employees will
at all times be acting and perionning as an independent contractor, and shall ad in an
independent capacity and not as an officer, agent, servant, employee, joint venturer,
partner, or associate of COUNTY. Furthermore, COUNTY shall have no right to contrel
or supervise or direct the manner or method by which CITY shall perform Its work and
function. However, COUNTY shall retain the right to administer this Agreement so as to
verify that CITY Is performing its obligations in accordance with the terms and
conditions thereof.
CITY and COUNTY shall comply with all applicable provisions of law and the
rules and regulations, Il any, of governmental authorities having jurisdiction over matters
the subject thereof.
Because of its status as an independent contractor, CITY shall have absolutely
no right to employment rights and benefits available to COUNTY employees. CITY
shall be solely liable and responsible for providing to, or on behalf of, its employees all
legally required employee benefits. In addition, CITY shall be solely responsible and
save COUNTY harmless from all matters relating to payment of CITVs employees,
10
including compliance with Social Security withholding and all other regulations
governing such matters. It Is acknowledged that during the tern of this Agreement,
CITY may be providing services to others unrelatetl to the COUNTY or to We
Agreement.
a. MODIFICATION. Any matter of this Agreement may be modified! "in
time to time by the written consent of all the parties without, in any way, affecting the
remainder.
9. NON -ASSIGNMENT. Neither parry shall assign, transfer or sub -contact
Meir rights or duties under this Agreement without the written consent of the other party.
10. GOVERNING LAW. Venue for any action arising out of or relating to MIS
Agreement shall only be in Madera County, California. The fights and obligations of the
parties and all Interpretation and performance of this Agreement shall be governed in all
respects by the laws of the State of California.
11. INSURANCE.
11.01 CITY shall provide Workers' Compensation Insurance for all Inmates
deemed to be employees M CITY_ For the sole purpose of this paragraph
and Workers Compensation, inmates are'deemed to be employees of
CITY" during transporlat'wn to and from the job site by CITY and
performance of the work under this Agreement.
11.02 It is understood and agreed that COUNTY and CITY maintain insurance
policies or self-insurance programs to fund their respective liabilities. The
parties agree that such respective programs or policy coverage for
Workers' Compensation Shall contain a walver of submgadon as to the
other parry and each of its omcers, agents and employees. Evidence of
11
Insurance, Certlicates of Insurance or other similar documentation shall
not be required of either party under this Agreement.
12. NON-DISCRIMINATION. During the performance of this Agreement,
COUNTY and its subwntraclors shall not unlawfully discriminate. harass or allow
harassment, against any employee or applicant for employment because of sex, race,
color, ancestry, religious creed, national origin, disability (including HIV antl AIDS),
medical condition (cancer), age, mantel status, denial of family and medical care leave,
and denial of pregnancy disability leave. COUNTY and subcontractors shall insure that
the evaluation and treatment of their employees and applicants for employment are free
tram such discrimination and harassment. COUNTY and sub-cmmactore shall comply
with the provisions of um Fair Employment and Housing Act (Government Code, section
12900 at seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, This 2, section ]285.0 at seq.). The applicable regulations of the
Fair Employment and Housing Commission implementing Government Code,
section 12990 (a -f), set forth In Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations are incorporated into this Agreement by reference and made a part
hereof as ff set forth In full.
13. SEVERABILITY. The provisions of this Agreement are severable. The
Invalidity, or unenforceability of any one provision In this Agreement shall not affect the
other previsions.
14. NO THIRD PARTY BENEFICIARIES. The rights, Interests, duties and
obligations defined within this Agreement are Intended for the speck parties hereto as
Identified in the preamble of this Agreement It is not Intended that any rights or
interests in this Agreement benefit or Flow to the Interest of any third parties.
15. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the CITY and COUNTY with respect to the subject matter hereof and
supersedes all previous negotiations, proposals, commitments, writings,
advertisements, publications, agreements, and understandings of any nature
whatsoever, whether written or oral, unless expressly included in this Agreement.
IM
IN WITNESS WHEREOF, the parties hereto have executed this Agmement as of
the day and year first above -written.
CITY OF FRESNO ClO/OUSNN/TY OF MADERA
Antlrew T. Souza, City ger Chalr nan, card of qOE R q
r,
ATTEST: ATTEST:
rl1
COVE
CI V , City of Fresno T 17/pq Clerk, Board of Supe cors
Approved as to Legal Fonn: Approved as to Legal Fonn'
James C. Sanchez, City Attttonney COUNTY 'C✓�ppOOUNSSEL
�
By: y.
�pµvd A Avew4fan
REVIEWED $ RECOMMENDED
FOR AP
By:
Douglas Papagni,
Directorof Cones
a
s.�c... nca,...mw�w If F� r uwr.Fia PI em.
13
January 13,
2009
Wundl kdoption:
1/13/09
TO:
MAYOR ASHLEY SVJEARENGINRECEIVED
Mawr Approval:
Mawr veto:
1
FROM: REBECCA E. KLISCH, CMC fAAN 15 AM 8: 55 Override Reguem
City Clerk CITY CLERK. FRESNO CP
SUBJECT. TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
Al the Council meeting of 1113/09, Council took legislative action emitted Appv contract
btwn City of Fresno & County of Madera authorizing the City the use of inmate labor
on gov'towned facilities & grounds, Item No. IC, by the following vote:
Ayes Burgess, Brand Caprioglic, Dages, Peres, Along, Sterling
Noes None
Absent None
Abstain None
Please indicate "her your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerks office on
or before January 23, 2009. In computing the ten day period required by Charter, the first
day has been excluded and the tenth day has been included unless the 100 day is a
Saturday, Sunday. or holiday, in which case R has also been excluded. Failure m file this
memo with the Clerk's office within the required time limit shall constitute approval of the
ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
Thankycu
APPROVED:
VETOED for the following reasons: (VJr&en objections are required by Charter; attach
additional sheers if necessary,)
COUNCIL OVERRIDE ACTION: Date'
Ayes
Noes
Absent
Abstain
Date(1
Ashley Swea
ngin,
Mayor
1
COUNCIL OVERRIDE ACTION: Date'
Ayes
Noes
Absent
Abstain