HomeMy WebLinkAboutState of California Inmate Labor Litter CleanupCity of Fresno
Agreement Number 06A1656
Page 1 of 13
COOPERATIVE AGREEMENT
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0 o THIS AGREEMENT (Agreement), ENTERED INTO ON August 1, 2011, is between the State of
Y California, acting by and through its Department of Transportation, referred to herein as
DEPARTMENT, and the City of Fresno, hereinafter referred to as LOCAL AGENCY.
ti
RECITALS
1. DEPARTMENT and LOCAL AGENCY, pursuant to Streets and Highways Code section
114 (a) and 130, are authorized to enter in this Agreement affecting State highways
within the jurisdiction of LOCAL AGENCY.
2. LOCAL AGENCY has agreed to implement Liner and Weed removal in State Right of
Ways in District 06, hereinafter the Project, subject to the terms and conditions of this
Agreement. The Project Description (Possible DEPARTMENT Maintenance Activities,
Scope of Work/Special Provisions and Budget) is attached hereto as Attachment III.
3. The LOCAL AGENCY's governing body, under the authority of local ordinances, if
applicable, if authorized to provide services or funding as described and specified herein
pursuant to the LOCAL AGENCY resolution attached hereto as Attachment H.
4. All services performed by LOCAL AGENCY pursuant to this Agreement are intended to
be performed in accordance with all applicable Federal, State, and LOCAL AGENCY
laws, ordinances, regulations, and DEPARTMENT encroachment permits, published
manuals, policies, and procedures.
5. Project funding is as follows:
FUND TITLE FUND SOURCE DOLLAR AMOUNT
State Highway Account 100% STATE $500,000.00
6. This Agreement is exempt from legal review and approval by the Department of General
Services, pursuant to PCC section 10295(c)(2).
SECTION I
LOCAL AGENCY AGREES:
To satisfactorily complete all Project Work described in Attachment III,
SECTION II
DEPARTMENT AGREES:
DEPARTMENT agrees that when conducting an audit of the costs claimed by LOCAL AGENCY
under the provisions of this Agreement, DEPARTMENT will rely to the maximum extent possible
on any prior audit of LOCAL AGENCY pursuant to the provisions of State and applicable Federal
laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that
such work is acceptable to the DEPARTMENT when planning and conducting additional audits.
See Attachment I, Accounting & Audit Guidelines for Agreements with Department.
SECTION III
IT IS MUTUALLY AGREED:
City of Fresno
Agreement Number 06A1656
Page 2 of 13
In consideration of the foregoing and the mutual promises of the parties hereto, LOCAL
AGENCY and DEPARTMENT agree as follows:
I. Notification of Parties
a. LOCAL AGENCY's Project Manager is Captain Andrew Hall, (559) 621-5051,
Fax (559) 454-2614.
b. DEPARTNIENT's Contract Manager is Kip Michelson, (559) 287-2205
Fax (559) 445-6004.
C. All notices herein provided to be given, or which may be given, by either party to
the other, shall be deemed to have been fully given when made in writing and
received by the parties at their respective addresses:
City of Fresno
Attention: Captain Andrew Hall
2323 Mariposa Street
Fresno, CA, 93721
California Department of Transportation
DISTRICT 6/Maintenance
Attention: Kip Michelson
1352 Olive Ave. M.S. 13
Fresno, CA 93728
2. Period of Performance
Work under this Agreement shall begin on August 1, 2011, contingent upon approval of
this Agreement by DEPARTMENT, and will terminate on July 31, 2013, unless extended
by amendment.
3. Changes in Terms/Amendment
This Agreement may only be amended or modified by mutual written agreement of the
parties.
4. Termination
This Agreement may be terminated by either party for any reason by giving written notice
to the other party at least thirty (30) days in advance of the effective date of such
termination. In the event of termination by said notice, funds reimbursed to LOCAL
AGENCY will include all authorized non -cancelable obligations and prior costs incurred.
5. Cost Limitation
a. The total amount payable to LOCAL AGENCY pursuant to this Agreement by
DEPARTMENT shall not exceed $500,000.00.
City of Fresno
Agreement Number 06A1656
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b. It is agreed and understood that this Agreement fund limit is an estimate and that
DEPARTMENT will only reimburse the cost of services actually rendered as
authorized by the DEPARTMENT Contract Manager at or below that fund
limitation established hereinabove.
6. Allowable Costs
a. The method of payment for this Agreement will be based on actual allowable
costs. DEPARTMENT will reimburse LOCAL AGENCY for expended actual
allowable direct and indirect costs, including, but not limited to labor costs,
employee benefits, and travel (overhead is reimbursable only if the LOCAL
AGENCY has an approved indirect cost allocation plan) and contracted
consultant services costs incurred by LOCAL AGENCY in performance of the
Project work; not to exceed the cost reimbursement limitation set forth in 5.a,
above. Actual costs shall not exceed the estimated wage rates, labor costs,
travel and other estimated costs and fees set forth in Attachment III without prior
written agreement between DEPARTMENT and LOCAL AGENCY.
b. Reimbursement of LOCAL AGENCY expenditures will be authorized only for
those allowable costs actually incurred by LOCAL AGENCY in the performance
of the Project work. LOCAL AGENCY must not only have incurred the
expenditures on or after the Effective Date of this Agreement and before the
Termination Date, but must have also paid for those costs to claim any
reimbursement.
C. Travel expenses and per diem rates are not to exceed the rate specified by the
State of California Department of Personnel Administration for similar employees
(i.e. non -represented employees) unless written verification is supplied that
government hotel rates are not commercially available to LOCAL AGENCY, or
its contractors, its subcontractors, and/or its subrecipients, at the time and
location required as specified in the California Department of Transportation's
Travel Guide Exception Process.
d. DEPARTMENT will reimburse LOCAL AGENCY for all allowable Project costs
no more frequently than monthly in arrears as promptly as DEPARTMENT fiscal
procedures permit upon receipt of itemized signed invoices in triplicate. Invoices
shall reference this Agreement Number and shall be signed and submitted to the
Contract Manager at the following address:
California Department of Transportation
District 6/Maintenance
Attention: Kip Michelson
1352 W. Olive Ave. M.S. 13
Fresno, CA 93728
e. Invoices shall include the following information:
1. Agreement Number 06A1656
2. Date(s) of Service
3. Location(s) of Service (LOCAL AGENCY - address)
4. Breakdown of position and labor hours worked
5. Names of the LOCAL AGENCY Personnel performing work
6. Equipment used
7. Hours for equipment used and/or mileage (provided by daily log sheet)
8. Actual item(s) treated and itemized listing of chemicals/supplies used
City of Fresno
Agreement Number 06A1656
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(with applicable signed invoice of purchase involved)
9. Estimated acres treated per location
Reports
LOCAL AGENCY shall submit written progress reports with each set of invoices
to allow the DEPARTMENT's Contract Manager to determine if LOCAL
AGENCY is performing to expectations, is on schedule, is within funding cost
limitations, to communicate interim findings, and to afford occasions for airing
difficulties respecting special problems encountered so that remedies can be
developed.
b. Any document or written report prepared as a requirement of this Agreement
shall contain, in a separate section preceding the main body of the document,
the number and dollar amounts of all contracts and subcontracts relating to the
preparation of those documents or reports.
C. LOCAL AGENCY will provide five (5) copies and one (1) electronic version of
the final written report to the DEPARTMENT's Contract Manager.
8. Cost Principles
a. LOCAL AGENCY agrees to comply with Title 2 Code of Federal Regulations
(CFR) Part 225, Cost Principles for State, Local, and Indian Tribal Governments
(2 CFR 225), and Title 49 CFR Part 18, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (49 CFR
18).
b. LOCAL AGENCY agrees, and will assure that its contractors and subcontractors
will be obligated to agree, that (a) Title 48 CFR Part 31, Contract Cost Principles
and Procedures (48 CFR 31), shall be used to determine the allowability of
individual Project cost items and (b) all parties shall comply with Federal
administrative procedures in accordance with 49 CFR 18. Every sub -recipient
receiving Project funds as a contractor or sub -contractor under this Agreement
shall comply with Federal administrative procedures in accordance with 49 CFR
18.
c. Any Project costs for which LOCAL AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under 2 CFR 225, 48
CFR 31, or 49 CFR 18, are subject to repayment by LOCAL AGENCY to
DEPARTMENT. Should LOCAL AGENCY fail to reimburse moneys due
DEPARTMENT within thirty (30) days of discovery or demand, or within such
other period as may be agreed in writing between the Parties hereto,
DEPARTMENT is authorized to intercept and withhold future payments due
LOCAL AGENCY from DEPARTMENT or any third -party source, including, but
not limited to, the State Treasurer, the State Controller or any other fund source.
d. LOCAL AGENCY agrees to include Project in the schedule of projects to be
examined in LOCAL AGENCY's annual audit and in the schedule of projects to
be examined under its single audit prepared in accordance with Office of
Management and Budget Circular (OMB) A-133.
City of Fresno
Agreement Number 06A1656
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e. Prior to LOCAL AGENCY seeking reimbursement of indirect costs, LOCAL
AGENCY must prepare and submit annually to the DEPARTMENT an indirect
cost rate proposal and a central service costs allocation plan (if any) in
accordance with 2 CFR 225 and Local Program Procedures Manual (LLP 04-10).
9. Americans with Disabilities Act
By signing this Agreement LOCAL AGENCY assures DEPARTMENT that it complies
with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
10. Indemnification
a. Nothing in this the provision of the Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement or affect the legal liability
of either party to the Agreement by in putting any standard of care with respect to
the maintenance of State highways different from the standard of care imposed
by law.
b. DEPARTMENT agrees to indemnify, save, hold harmless and at LOCAL
AGENCY's request, defend the LOCAL AGENCY, its officers, agents, and
employees from any and all costs and expenses, damages, liabilities, claims, and
losses occurring or resulting to LOCAL AGENCY in connection with the
performance of the Agreement and from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to any person, firm,
or corporation who maybe injured or damaged by the negligent performance of
DEPARTMENT, its officers, agents or employees in the performance of this
Agreement.
C. LOCAL AGENCY agrees to indemnify, save, hold harmless and at
DEPARTMENT's request, defend DEPARTMENT, its officers, agents, and
employees from any and all costs and expenses, damages, liabilities, claims, and
losses occurring or resulting to DEPARTMENT in connection with the
performance of the Agreement and from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to any person, firm,
or corporation who maybe injured or damaged by the negligent performance of
LOCAL AGENCY, its officers, agents or employees in the performance of this
Agreement.
In the event of concurrent negligence on the part of DEPARTMENT or any of its
officers, agents or employees, and LOCAL AGENCY or any of its officers,
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 California's theory of
comparative negligence as presently established or as may be modified
hereafter.
e. This Section III, Item 10 shall survive termination or expiration of the Agreement
for a period of 4 years.
City of Fresno
Agreement Number 06A1656
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11. Insurance
a. LOCAL AGENCY shall provide to DEPARTMENT proof of Workers
Compensation Insurance or LOCAL AGENCY self-insurance pursuant to Section
3700 of the Labor Code. A copy of this certificate shall be returned along with the
Agreement after the LOCAL AGENCY'S governing body approves this
Agreement. The final execution of this Agreement will not occur until this
information is provided by the LOCAL AGENCY.
b. LOCAL AGENCY shall provide workers compensation insurance for all
INMATES deemed to be employees of the LOCAL AGENCY, and for all
LOCAL AGENCY Officers. For the sole purposes of this paragraph and workers
compensation, INMATES are "deemed to be employees of the LOCAL AGENCY
during transportation to and from the job site by LOCAL AGENCY Officers and
performance of the work under this Agreement.
C. LOCAL AGENCY shall notify the DEPARTMENT's Contract Manager of any
injuries occurring on the worksite within 24 hours. Within 48 hours of the
occurrence of the injury LOCAL AGENCY will file with DEPARTMENT's
Contract Manager a copy of the State Compensation Insurance Employers
Report of Occupational Injury or Illness.
d. It is understood and agreed that DEPARTMENT and LOCAL AGENCY 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 waiver of subrogation as to the other party and
each of its officer, agents and employees. Evidence of Insurance, Certificates of
Insurance or other similar documents shall not be required of either party under
Othis Agreement, except as otherwise expressly required herein to be provide by
LOCAL AGENCY regarding Workers Compensation Insurance.
12. Non -Discrimination
a. During the performance of this Agreement, LOCAL AGENCY and all of its
subcontractors, if any, 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 and
AIDS), mental disability, medical condition (cancer), age (over 40), marital status,
denial of family and medical care leave, and denial of pregnancy disability leave.
LOCAL AGENCY and its subcontractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination and harassment. LOCAL AGENCY and its sub -contractors shall
comply with the provisions of the Fair Employment and Housing Act
(Government Code section 12900 et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0
et 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 this reference and are made a part hereof as
if set forth in full. LOCAL AGENCY and its subcontractors shall give written
notice of their obligations under this clause to labor organizations with which they
have a collective bargaining or other agreement.
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Agreement Number 06A1656
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b. LOCAL AGENCY shall include the nondiscrimination and compliance provisions
of this clause in all subcontracts to perform work under this Agreement.
13. Funding Requirements
a. it is mutually understood between the parties that this Agreement may have
been written for the mutual benefit of both parties in order to avoid program and
fiscal delays that would occur if the Agreement was executed only after
ascertaining the availability of a congressional or legislative appropriation of
funds.
b. This Agreement is valid and enforceable only if sufficient funds are made
available to DEPARTMENT by the United States Government and/or the
California State Legislature for the purpose of this Project. In addition, this
Agreement is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the Congress or the State Legislature that may affect the
provisions, terms or funding of this Agreement in any manner.
C. It is mutually agreed that if the Congress or the State Legislature does not
appropriate sufficient funds for the program and Project, this Agreement shall be
amended to reflect any reduction in funds.
d. DEPARTMENT has the option to terminate this Agreement under the thirty (30)
day termination clause or to amend this Agreement to reflect any reduction of
funds. In the event of an unscheduled termination, the DEPARTMENT Contract
Manager may reimburse LOCAL AGENCY is accordance with the provisions of
Article 4 of this Section III.
14. Records Retention
a. LOCAL AGENCY, its contractors and subcontractors shall establish and
maintain an accounting system and records that properly accumulate and
segregate incurred Project costs and matching funds by line item for the Project.
The accounting system of LOCAL AGENCY, its contractors and all
subcontractors shall conform to Generally Accepted Accounting Principles
(GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or
invoices. All accounting records and other supporting papers of LOCAL
AGENCY, its contractors and subcontractors connected with Project
performance under this Agreement shall be maintained for a minimum of three
years from the date of final payment to LOCAL AGENCY and shall be held open
to inspection, copying, and audit by representatives of DEPARTMENT, the
California State Auditor, and auditors representing the federal government.
Copies thereof will be furnished by LOCAL AGENCY, its contractors, and its
subcontractors upon receipt of any request made by DEPARTMENT or its
agents. In conducting an audit of the costs and match credits claimed under this
Agreement, DEPARTMENT will rely to the maximum extent possible on any prior
audit of LOCAL AGENCY pursuant to the provisions of federal and State law. In
the absence of such an audit, any acceptable audit work performed by LOCAL
AGENCY's external and internal auditors may be relied upon and used by
DEPARTMENT when planning and conducting additional audits.
City of Fresno
Agreement Number 06A1656
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b. For the purpose of determining compliance with Title 21, California Code of
Regulations, Section 2500 et seq., when applicable, and other matters connected
with the performance of LOCAL AGENCY's contracts with third parties pursuant
to Government Code section 8546.7, LOCAL AGENCY, LOCAL AGENCY's
contractors and subcontractors and DEPARTMENT shall each maintain and
make available for inspection all books, documents, papers, accounting records,
and other evidence pertaining to the performance of such contracts, including,
but not limited to, the costs of administering those various contracts. All of the
above referenced parties shall make such materials available at their respective
offices at all reasonable times during the entire Project period and for three years
from the date of final payment to LOCAL AGENCY under this Agreement.
DEPARTMENT, the California State Auditor, or any duly authorized
representative of DEPARTMENT or the United States Department of
Transportation, shall each have access to any books, records, and documents
that are pertinent to a Project for audits, examinations, excerpts, and
transactions, and LOCAL AGENCY shall furnish copies thereof if requested.
C. LOCAL AGENCY, its contractors and subcontractors will permit access to all
records of employment, employment advertisements, employment application
forms, and other pertinent data and records by the State Fair Employment
Practices and Housing Commission, or any other agency of the State of
California designated by DEPARTMENT, for the purpose of any investigation to
ascertain compliance with this Agreement.
15. Disputes
a. Any dispute concerning a question of fact arising under this Agreement that is not
disposed of by agreement shall be decided by the DEPARTMENT Contract Officer,
whose determination is the final decision of the DEPARTMENT regarding the
dispute.
b. Neither the pendency of a dispute nor its consideration by the Contract Officer will
excuse LOCAL AGENCY from full and timely performance in accordance with the
terms of the Agreement.
16. Subcontractors
LOCAL AGENCY shall perform the work contemplated with resources available within its
own organization and no portion of the work shall be subcontracted without written
authorization by DEPARTMENT's Contract Manager, unless expressly included
(subcontractor identified) in Attachment III. Any subcontract in excess of $25,000
entered into as a result of this Agreement shall contain all the provisions of this
Agreement.
17. Third Party Contracting
a. LOCAL AGENCY shall not award a construction contract over $10,000 or other
contracts over $25,000 [excluding professional service contracts of the type
which are required to be procured in accordance with Government Code
Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for
work to be performed under this Agreement without the prior written approval of
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Agreement Number 06A1656
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DEPARTMENT. Contracts awarded by LOCAL AGENCY, if intended as local
match credit, must meet the requirements set forth in this Agreement regarding
local match funds.
b. Any subcontract entered into by LOCAL AGENCY as a result of this Agreement
shall mandate that travel and per diem reimbursements and third -party contract
reimbursements to subcontractors will be allowable as Project costs only after
those costs are incurred and paid for by the subcontractors.
C. If local match is a requirement of these funds, LOCAL AGENCY must ensure
that local match funds used for the Project meet the requirements outlined in
this Agreement in the same manner as is required of all other Project
expenditures.
d. In addition to the above, the preaward requirements of third party
contractor/consultants with local agencies must be consistent with Local
Program Policy (LPP 00-05).
18. Druq-Free Workplace Certification
By signing this Agreement, LOCAL AGENCY hereby certifies under penalty of perjury under
the laws of the State of California that LOCAL AGENCY will comply with the requirements of
the Drug -Free Workplace Act of 1990 (Government Code section 8350 et seq.) and will
provide a drug-free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations, as required by
Government Code section 8355(a).
b. Establish a Drug -Free Awareness Program as required by Government Code
section 8355(b) to inform employees about all of the following:
1. The dangers of drug abuse in the workplace,
2. The person's or organization's policy of maintaining a drug-free workplace,
3. Any available counseling, rehabilitation, and employee assistance
programs, and
4. Penalties that may be imposed upon employees for drug abuse violations.
C. Provide as required by Government Code section 8355(c), that every employee
who works on the proposed contract or grant:
1. Will receive a copy of the company's drug-free policy statement, and
2. Will agree to abide by the terms of the company's statement as a condition
of employment on the contract or grant.
Failure to comply with these requirements may result in suspension of payments under this
Agreement or termination of this Agreement or both, and LOCAL AGENCY may be
ineligible for the award of any future state contracts if DEPARTMENT determines that any of
City of Fresno
Agreement Number 06A1656
Page 10 of 13
the following has occurred: (1) LOCAL AGENCY has made a false certification or, (2)
AGENCY violates the certification by failing to carry out the requirements as noted above.
19. Relationship of Parties
It is expressly understood that this is an agreement is executed by and between two
independent governmental entities and that this is not intended to, and shall not be
construed to, create the relationship of agent, servant, employee, partnership, joint
venture or association, or any other relationship whatsoever other than that of an
independent Contractor.
20. Equipment Purchase (Bv LOCAL AGENCY)
a. Prior authorization in writing by the DEPARTMENT Contract Manager shall be
required before LOCAL AGENCY enters into any non -budgeted purchase order or
subagreement exceeding $500 for supplies, equipment, or consultant services.
LOCAL AGENCY shall provide an evaluation of the necessity or desirability of
incurring such costs.
b. For the purchase of any item, service or consulting work not covered in the attached
Project Description (Attachment III) and exceeding $500, three competitive
quotations must be submitted with the request or the absence of bidding must be
adequately justified, and prior authorization must be obtained from the
DEPARTMENT's Contract Manager. Title to equipment purchased by LOCAL
AGENCY will rest in DEPARTMENT.
c. Any equipment purchased as a result of this Agreement is subject to the
following: LOCAL AGENCY shall maintain an inventory record for each piece of
non -expendable equipment purchased or built with funds provided under the
terms of this Agreement. The inventory record of each piece of such equipment
shall include the date acquired, total cost, serial number, model identification (on
sale, in accordance with established DEPARTMENT procedures, purchased
equipment), and any other information or description necessary to identify said
equipment. Non -expendable equipment so inventoried are those items of
equipment that have a normal life expectancy of one year or more and an
approximate unit price of $5,000 or more. In addition, theft -sensitive items of
equipment costing less than $5,000 shall be inventoried. A copy of the inventory
record must be submitted to DEPARTMENT upon request by DEPARTMENT.
d. At the conclusion of the Agreement, or if the Agreement is terminated,
DEPARTMENT may request that equipment be returned to DEPARTMENT or
authorize its continued use for work to be performed under a different contract.
The parties agree that disposal of personal property shall be in accordance with
the State Administrative Manual Section 3520.
e. CFR 49, Part 18.32 requires a credit to Federal funds when participating equipment
with a fair market value greater than $5,000 is credited to the Project.
f. Any subagreement entered into as a result of this Agreement shall contain all of
the provisions of this Article.
City of Fresno
Agreement Number 06A1656
Page 11 of 13
21. Disabled Access Review
Disabled access review by the Department of General Services (Office of State Architect)
is required for the construction of all publicly funded buildings, structures, sidewalks,
curbs and related facilities. No construction contract will be awarded by LOCAL
AGENCY unless LOCAL AGENCY plans and specifications for such facilities conform to
the provisions of sections 4450 and 4454 of the California Government Code, if
applicable. Further requirements and guidance are provided in Title 24 of the California
Administrative Code and the Americans with Disabilities Act (42 USC 12101, et. sec.).
22. Fire Marshal Review
The State Fire Marshal adopts building standards for fire safety and panic prevention.
Such regulations pertain to fire protection design and construction, means of egress and
adequacy of exits, installation of fire alarms, and fire extinguishment systems for any
DEPARTMENT owned or DEPARTMENT occupied buildings per Section 13108 of the
Health and Safety Code. When applicable, LOCAL AGENCY must assure that any
relevant Project plans meet the standards of the State Fire Marshal to ensure
consistency with DEPARTMENT fire protection standards.
23. Environmental Clearance
Environmental clearance of Project by LOCAL AGENCY and/or DEPARTMENT is
required prior to requesting funds for right of way purchase or construction. No
department or agency shall request funds nor shall any department/agency board or
commission authorize expenditures of funds for any project, except feasibility or planning
studies, which may have a significant effect on the environment unless such a request is
accompanied by an environmental impact report per California Public Resources Code
section 21102. The California Environmental Quality Act (CEQA), in California Public
Resources Code section 21080(b)(10), does provide an exemption for rail projects which
institute or increase passenger or commuter services on rail or highway rights-of-way
already in use.
24. Project Close Out
The Agreement Expiration Date refers to the last date for LOCAL AGENCY to incur valid
Project costs or credits and is the date the Agreement expires. LOCAL AGENCY has
sixty (60) days after that Expiration Date to make final allowable payments to Project
contractors or vendors, prepare the Project Closeout Report, and submit the final invoice
to DEPARTMENT for reimbursement for allowable Project costs. Any unexpended
Project funds not invoiced by that sixtieth (60th) day will be reverted and will no longer be
accessible to reimburse late Project invoices.
State -Owned Data
a. LOCAL AGENCY agrees to comply with the following requirements to ensure the
preservation, security, and integrity of State-owned data on portable computing
devices and portable electronic storage media:
1. Encrypt all State-owned data stored on portable computing devices and portable
electronic storage media using government -certified Advanced Encryption
Standard (AES) cipher algorithm with a 256 -bit or 128 -bit encryption key to
City of Fresno
Agreement Number 06A1656
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protect DEPARTMENT data stored on every sector of a hard drive, including
temp files, cached data, hibernation files, and even unused disk space.
2. Data encryption shall use cryptographic technology that has been tested and
approved against exacting standards, such as RIDS 140-2 Security
Requirements for Cryptographic Modules,
3. Encrypt, as described above, all State-owned data transmitted from one
computing device or storage medium to another.
4. Maintain confidentiality of all State-owned data by limiting data sharing to those
individuals contracted to provide services on behalf of the State, and limit use of
State information assets for State purposes only.
5. Install and maintain current anti-virus software, security patches, and upgrades
on all computing devices used during the course of the Agreement.
6. Notify the Contract Manager immediately of any actual or attempted violations of
security of State-owned data, including lost or stolen computing devices, files, or
portable electronic storage media containing State-owned data.
7. Advise the owner of the State-owned data, the agency Information Security
Officer, and the agency Chief Information Officer of vulnerabilities that may
present a threat to the security of State-owned data and of specific means of
protecting that State-owned data.
b. To use the State-owned data only for State purposes under this Agreement.
c. To not transfer State-owned data to any computing system, mobile device, or
desktop computer without first establishing the specifications for information integrity
and security as established for the original data file(s). Reference State
Administrative Manual (SAM) section 5335.1.
City of Fresno
Agreement Number 06A1656
Page 13 of 13
ATTACHMENTS:
The following attachments are incorporated into and are made a part of this Agreement by this
reference and attachment.
I. Accounting & Audit Guidelines
II. LOCAL AGENCY Resolution
III. Possible DEPARTMENT Maintenance Activities, Scope of Work/Special
Provisions and Budget
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first herein above written:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
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City of Fresno
Agreement Number 06A1656
Attachment I
Page 1 of 4
ATTACHMENT
ACCOUNTING & AUDIT GUIDELINES FOR
AGREEMENTS WITH DEPARTMENT
The purpose of this information is to outline for you, a potential contractor with the California State
Department of Transportation (DEPARTMENT), and the basic elements of an adequate
accounting system, and the types and objectives of audits that will be performed in relation to
your contract. In order to successfully compete for a contract and meet the audit requirements, a
contractor (whether a prime or subcontractor) must have a system of record keeping and internal
control. Although a specific cost accounting system is not required, a contractor needs a system,
which will assure compliance with the terms of the agreement. A preaward audit will be
performed to assure you meet these requirements prior to contract execution. If your system is
deficient, the contract will not be executed.
DEPARTMENT reimburses, through your overhead rate, the costs attributable to establishing and
maintaining a cost accounting system.
Staff time and other costs related to an audit performed of your contract are also normally
reimbursed through your overhead rate.
ACCOUNTING SYSTEM
Contractors (whether a prime or subcontractor) planning to contract with DEPARTMENT must
have an accounting system which meets the following objectives:
• The ability to record and report financial data in accordance with generally accepted
accounting principles.
• A system of record keeping to ensure that costs billed to DEPARTMENT are:
a. Supported by adequate documentation.
b. In compliance with the terms of the contract and applicable Federal and State
regulations specified in the contract.
• A system of record keeping which ideally includes the following:
a. A General Ledger
b. Job cost ledger
C. Labor distributions
d. Time records
e. Subsidiary journals
f. Chart of accounts
g. Financial statements
• The ability to accumulate and segregate reasonable, allocable (incurred solely for a project)
and allowable (per terms of the contract) costs through the use of a cost accounting system.
The following are some of the attributes which would ideally be found in such a system:
City of Fresno
Agreement Number 06A1656
Attachment I
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a. A chart of accounts which includes indirect and direct general ledger accounts.
Indirect costs are not specifically identified to a project, for example, rent and/or
utilities. Direct costs are specifically identified with a project, for example,
drafting hours and/or design hours.
b. Segregation of costs by contract, category of cost and milestones (if applicable).
c. Proper recording of direct and indirect costs. For example, recording of labor
costs should provide that non -project indirect hours be recorded on a timesheet
and in the accounting records to an administration, vacation, sick leave or other
indirect cost account/code. Direct project hours should be recorded on a
timesheet and in the accounting records to a direct project cost account/code.
d. Consistent accounting treatment of costs in recording and reporting. For
example, if travel expense is charged directly to a project, all travel expense
incurred on any project should be considered a direct cost. As a result, project
related travel, whether reimbursable per the contract terms or not, should not be
included as an indirect cost.
e. Ability to trace from invoices submitted to DEPARTMENT to job cost records and
original, approved source documents, for example, timesheets, vendor invoices,
canceled checks.
f. Ability to reconcile job cost records to the accounting records.
• Compliance with cost principles described in the Code of Federal Regulations 48, Federal
Acquisition Regulations System (FAR), Chapter 1, Part 31. Information on how to obtain this
regulation is described under "Audit Criteria" in this brochure.
• Procedures to monitor and adjust projected overhead rates to actual rates.
• Controls to ensure that written approval is obtained prior to any changes to the contract.
• Procedures to retain accounting records and source documentation as required by the terms
of the contract.
• A system of internal control which provides reasonable assurance that assets are protected;
financial data, records and statements are reliable, and errors and irregularities are promptly
discovered, reported, and corrected. The elements of a system of internal control should
include, but not be limited to, the following:
a. Separation of duties for proper protection of assets. Incompatible duties are
those that place any person in a position to both perpetrate and conceal errors or
irregularities in the normal course of business. For example, the person who
writes checks should be different from the person who reconciles bank
statements and the person who purchases goods should be different from the
person who receives goods.
b. Limiting access to assets to only authorized personnel who require these assets
in the performance of their assigned duties. For example, blank check stock
should be locked in a safe when not in use.
C. Authorization and record keeping procedures which provide effective accounting
control over assets, liabilities, revenues, and expenditures.
City of Fresno
Agreement Number 06A1656
Attachment I
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d. A system of practices to be followed in the performance of duties and functions.
Such a system normally includes policies and procedures which establish the
purpose and requirements of the accounting system. For example, timekeeping
practices should ideally provide for the following:
- Timesheets be prepared, signed, and dated by all employees.
- Timesheets be completed in non -erasable ink.
- Timesheet corrections be crossed -out and initialed by the employee.
- Timesheets be signed by a supervisor as reviewed and retained on file
as required by the contract.
e. Personnel with skills and training commensurate with their responsibilities.
f. A system of internal review. For example, bank reconciliations and travel
expense claims should be reviewed approved and signed by a supervisor.
AUDITS
Contractors, whether a prime or subcontractor, performing under a negotiated contract with
DEPARTMENT are subject to the following audits:
PREAWARD AUDITS
Prior to the award of a contract, the DEPARTMENT Audits and Investigations will conduct a
preaward audit to determine if the contractor's accounting system is adequate to accumulate and
segregate costs as detailed in the previous section and to determine if the proposed costs are
reasonable. The audit alerts both the contractor and DEPARTMENT management to problems
relative to the contractor's cost proposal and cost accounting system. Due to time constraints in
the award process, your cooperation in scheduling the preaward audit with short notice will
expedite the execution of your contract.
INTERIM AUDITS
Interim audits are performed on an as needed basis. During the preaward audit, if it is
determined that the contractor's accounting system is new or minor deficiencies are noted, an
interim audit is scheduled to determine that the system is functioning adequately to ensure that
billed costs are supported and that any deficiencies were corrected. An interim audit may be
requested by the
contract administrator or by DEPARTMENT management to address concerns during the course
of the contract. Also, an audit manager may initiate an interim audit of a long duration contract to
ensure that costs reimbursed to date are allowable.
POST AUDITS
Post audits of contracts are performed routinely after project completion. Post audits are
performed to determine whether the costs claimed are allowable, allocable, reasonable, and in
compliance with the Federal and State laws and regulations as well as the fiscal provisions
stipulated in the contract. The examination includes reviews of applicable laws and regulations,
the contract requirements and the contractor's internal controls systems. Audit tests of the
City of Fresno
Agreement Number 06A1656
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contractor's accounting records and other auditing procedures considered necessary will also be
performed. Applications of all audit procedures would also be governed by the individual contract
under audit. Unsupported or unallowable costs are normally the result of weaknesses in the
accounting system and will be reimbursed to DEPARTMENT.
To provide contractors with a procedure for obtaining prompt and equitable resolution to a dispute
arising from a post -audit of a non -highway construction cost reimbursement contract,
DEPARTMENT has established an Audit Review Committee (ARC). Information explaining the
ARC should be found in your contract and/or as an attachment to the post -audit report.
AUDIT CRITERIA
For specific information regarding basic cost accounting systems and applicable State and
Federal regulations, please see the following:
Code of Federal Regulations 48 Federal Acquisition Regulations System Chapter 1 Part 31
This regulation contains cost principles and procedures for the pricing of contracts/subcontracts
and the determination, negotiation, or allowance of costs. Contact:
Superintendent of Documents
Government Printing Office
Washington, DC 20402
Washington D.C. (202) 783-3238
San Francisco (415) 512-2770
Los Angeles (213) 239-9844
California State Administrative Manual
A reference source for statewide policies, procedures, regulations, and information. Contact:
Office of State Publishing
Department of General Services
(916)445-2295
For review of the above references, contact your local library or the California State Library.
California State Library/Library and Courts Building
914 Capitol Mall
P. 0. Box 942837
Sacramento, CA 94237-0001
Information: (916) 654-0261
For assistance in establishing an accounting system which will meet the objectives outlined in this
brochure, you should contact an accountant and/or bookkeeper who is familiar with cost
accounting systems.
DEPARTMENT is an affirmative action employer. Equal opportunity is offered to all regardless of
race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political
affiliation, age or sexual orientation. Contractors that contract with DEPARTMENT are
responsible for taking necessary and reasonable steps to achieve these same goals.
City of Fresno
Agreement Number 06A1656
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Attachment II
Resolution
Resolution to be provided by City of Fresno
City of Fresno
Agreement Number 06A1656
Page 1 of 5
Attachment III
POSSIBLE DEPARTMENT MAINTENANCE ACTIVITIES
THAT COULD BE PERFORMED BY LOCAL AGENCY INMATE LABORERS
1. Clear unwanted, i.e., unsightly, dead overgrown, brush and trees within the right of way in general.
2. Trim or remove brush and trees, which have the potential of obstructing sight distance in the future
as the brush becomes larger.
3. Remove seedling trees in cut separations, least ten feet up cut slopes and ten (10) feet down fill
slopes in snow areas.
4. Open up vistas of scenic worth, i.e., mountains, oceans, lakes, rivers, by selective tree and brush
removal within the right of way.
5. Trim up or remove trees in areas of deer and other wild game crossings for motorist visibility of
animals and vice versa.
6. Remove brush, trees, and other debris within the right of way in ditches, channels, or natural gullies
leading to cross -highway drainage.
7. In forestlands, clear natural vegetation -type debris, which has collected over time in natural
waterways leading to cross -highway drainage, i.e., dead grass, logs, limbs, (say up to 1,000 feet
from the highway).
8. Make firebreaks at fence lines and where appropriate adjacent to shoulders in lieu of spraying,
grading, mowing, or disking.
9. Remove fire tinder within the right of way, i.e., dead grass, fallen limbs.
10. Plant natural vegetation on friable cut and fill slopes and any other areas subject to erosion.
11. Slope restoration and reseeding (eroded slopes). Clean culverts and restore ditches (especially top
of slope).
12. Construction of protective walls, lining of drainage inlets and outlets, utilizing native rock salvage
from cut slopes.
13. Plant restoration in landscaped areas:
• Remove dead or end of life cycle plants, shrubs and trees
• Prepare and replant areas of plant loss, shrubs and trees
• Groundcover removal and replanting
14. Manual weed control.
15. Water systems restoration.
City of Fresno
Agreement Number 06A1656
Page 2 of 5
Attachment III
16. Clean up backside of landscaped areas, i.e., along local streets and frontage roads. Clean brush,
weeds, remove debris, from unimproved right of way.
17. Mowing lawns and mulching plants.
18. Annual tree planting programs each winter or season.
19. Repair rock walls at scenic overlooks.
20. Restore right of way fence; i.e., rotted posts, broken wires, in areas of no active use of the adjacent
properties where fences have deteriorated.
21. Wash and paint signs and guideposts (guardrail, wooden rail.).
22. General yard works at maintenance stations.
23. Litter removal (roadside and landscape).
24. Minor storm damage repair activity.
City of Fresno
Agreement Number 06A1656
Page 3 of 5
Attachment III
SCOPE OF WORK/SPECIAL PROVISIONS
The DEPARTMENT agrees, to the extent possible considering staff obligations and maintenance
commitments, to utilize LOCAL AGENCY and County of Madera inmate laborers under the
County's jurisdiction to perform certain labor- intensive activities.
2. The LOCAL AGENCY will be absolutely and solely responsible for the supervision, custody, care
and control of the inmate laborers assigned to work in DEPARTMENT facilities and on
DEPARTMENT road right-of-ways. There shall be no co -mingling of LOCAL AGENCY inmate
work crews with the public or other DEPARTMENT work crews and staff other than the immediate
technical direction by DEPARTMENT employees to ensure quality control of the work being
performed. Notwithstanding the above, inmates may work with a DEPARTMENT employee at the
Police Officer's discretion.
3. The DEPARTMENT will, at its sole expense, provide technical direction to oversee the work being
performed under the terms of this agreement in its Maintenance and Equipment functions and will
pay the cost of materials, supplies, tools and equipment utilized by LOCAL AGENCY inmate
laborers at the job site.
4. The LOCAL AGENCY will be responsible for housing, custody, care, feeding and provide water
and supervision of LOCAL AGENCY inmate laborers except for technical direction performed by
DEPARTMENT employees.
5. The LOCAL AGENCY will provide transportation for all LOCAL AGENCY inmate laborers to and
from work sites and provide a portable sanitary toilet for the use and convenience of work crews
and LOCAL AGENCY staff.
6. The DEPARTMENT will provide LOCAL AGENCY inmate laborers with safety equipment such as
signs, hard hats and orange vests.
7. The DEPARTMENT will provide the necessary safety instructions, and explain the work to be done.
DEPARTMENT shall furnish the necessary safety warning signs and instruct LOCAL AGENCY
personnel on the placement of said signs. Any required traffic control will be provided by the
DEPARTMENT.
Only qualified DEPARTMENT employees will operate equipment, except transportation equipment,
which shall be operated by qualified LOCAL AGENCY employees. At the discretion of the Police
Officer, LOCAL AGENCY inmate laborers may operate power string trimmers (weed eaters).
9. In the event that a LOCAL AGENCY inmate laborer is injured on the job, the LOCAL AGENCY will
be responsible for providing medical care and transportation to a medical facility. The LOCAL
AGENCY will be responsible for the administration of any claims by the LOCAL AGENCY inmate
due to injury on the job, as well as for treatment of the injury. The DEPARTMENT's Contract
Manager shall be notified within 24 hours of any injuries incurred while working under this contract.
City of Fresno
Agreement Number 06A1656
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Attachment III
10, The LOCAL AGENCY will provide two (2) Police Officers and two (2) work crews generally
consisting of one (1) Police Officer and a maximum of seven (7) inmate laborers per crew,
depending on the type and amount of work to be accomplished at a specified job site. In addition,
the Police Officer will supervise, coordinate and direct the work.
11. The LOCAL AGENCY shall have a minimum of six (6) inmate laborers per crew. No work shall be
completed by any crew consisting of less than six (6) laborers, as this is not cost efficient to the
DEPARTMENT. The LOCAL AGENCY shall notify DEPARMENT by telephone if they are not
going to report to work due to lack of inmate laborers.
12. The inmate laborer work crews will perform manual labor and services as provided in this
Agreement on a five (5) day a week basis, Monday through Friday and recognized County,
DEPARTMENT and national holidays. Inmate laborers may work on a DEPARTMENT holidays not
recognized by the County.
13. Work crews are to report at a mutually agreed time to DEPARTMENT, 1635 West Pine Street
Avenue, Fresno or at a pre -approved work site location.
14. The LOCAL AGENCY shall notify the DEPARTMENT by telephone at (559) 445-6641, before
8:00 a.m. on days LOCAL AGENCY staff members are unable to work due to equipment
problems, sick leave or vacation. The LOCAL AGENCY will also advise the DEPARTMENT
Contract Manager in advance of permanent changes in Police Officer's in charge of inmates. This
information may be facsimile to (559) 488-4379.
15, The LOCAL AGENCY staff assigned to this program will each devote forty (40) hours per week
towards the achievement of the program's goals and contract requirements. Each inmate on the
work crew will generally devote a 6-7 hour workday consisting of uncompensated manual labor.
Variations in the amount of daily work hours will be a reflection of transportation time to and from
the designated work sites.
16. DEPARTMENT shall reimburse the LOCAL AGENCY on an actual cost basis for the salary and
benefits of LOCAL AGENCY staff assigned full time to the program and all attendant costs of
transportation, security, incidental equipment, indirect services and supplies needed to provide a
inmate work crew as specified in this contract. Payment to the LOCAL AGENCY will be made by
the DEPARTMENT on a monthly basis upon receipt of the LOCAL AGENCY's itemized billing.
17. All notices herein provided to be given, or which may be given, by either party to the other, shall be
deemed to have fully given when made in writing and deposited with the United States Postal
Service, registered or certified postage prepaid and addressed as follows:
City of Fresno
Fresno Police Department
Attention: Captain Andrew Hall
2323 Mariposa Street
Fresno, California, 93721
City of Fresno
Agreement Number 06A1656
Page 5 of 5
Attachment III
BUDGET
1. RATE SCHEDULE FOR PAYMENT TO THE CITY, TOTAL NOT TO EXCEED $500,000.00 FOR
REIMBURSEMENT FOR WORK CREW SUPERVISORS AND FOR THE WORK CREW INMATES &
RELATED COSTS OVER THE DURATION OF THIS AGREEMENT.
WORK CREW SUPERVISOR SALARY (INCLUDING RETIREMENT, BENEFITS AND FRINGE:
a. Cost per month per CITY Officer (including retirement, benefits and fringe): $8611.00, for year one of
contract; $8695.25 for year two of contract.
b. CITY Officer annual salary (including retirement, benefits and fringe): $112,801.00, first year of
contract, $113,806.00 second year of contract per officer.
3. COST FOR EQUIPMENT/TRANSPORTATION:
Cost per month per passenger van: $458.33
4. INSURANCE CHARGE:
Cost of insurance premium for INMATE work crews: $2,500.00 per month
5. INDIRECT COSTS:
a. CITY Officer vacation time (based on 2 week earned annual vacation, replaced by officer on time and
one-half pay): $734.93 per month
b. CITY Officer sick time (based on 6 days annually, replaced by officer on time and one-half pay):
$201.12 per month
City of
rn��� = %�►� REPORT TO THE CITY COUNCIL
August 18, 2011
1
FROM: JERRY P. Chief of Police
Police Department
BY: H. A. BENNINK, Lieutenant
Police Department
AGENDA ITEM NO. /A
COUNCIL MEETING 08/18/2011.
APPROVED BY
DE PAENT CT i
SUBJECT: AUTHORIZE THE AGREEMENT BETWEEN THE CITY OF FRESNO AND CALTRANS, TO
PROVIDE A LITTER CLEAN-UP PROGRAM USING INMATE LABOR
RECOMMENDATIONS
The Fresno Police Department uses a police officer to oversee a freeway litter cleanup operation utilizing
Madera Country inmate labor. This officer and associated costs are reimbursed by Caltrans. It is
recommended City Council approve this agreement between the Fresno Police Department and Caltrans.
EXECUTIVE SUMMARY
Effective April 1, 2011, the City of Fresno had the opportunity to renew a two year agreement with Caltrans to
provide a freeway litter clean-up program. This program is funded by Caltrans and uses inmate labor,
supervised by a Fresno police officer, to remove trash from Fresno area freeways. Caltrans has agreed to
reimburse the City up to $ 500,000.00 toward the cost of two full time police officer positions, overtime,
transportation vehicles, fuel, and workers compensation premiums. The program, if approved, will operate
Monday thru Friday, through March 31St, 2013. The agreement may be terminated by either party with 30 days
written notice.
BACKGROUND
The most effective method of maintaining the appearance of our freeways is through a combination of strict
litter enforcement and an on-going and sustained litter removal program. The State provides funding for litter
removal along California freeways.
Studies have shown that when litter is allowed it to accumulate it quickly becomes an accepted norm in
communities. This is especially so along freeways. Much like Graffiti tagging, the failure to remove litter
encourages further littering. This can also lead to an increase in public disorder and more serious criminal
activities.
According to Caltrans, the use of inmate labor has worked extremely well to quickly clean up and stop the
spread of litter. The cooperative program developed by Caltrans and the City of Fresno has been an effective
and worthwhile program, removing tons of litter from our freeways. Caltrans estimates an average of 50 cubic
yards of trash are removed weekly per crew.
Presented to City Co Heil
Date
Disposition
Caltrans Litter Cleanup
August 18, 2011
Page Two
At the start of this program, Fresno County inmate labor crews were used to staff the litter removal program.
During the previous contract, however, the Fresno County Jail was unable to provide sufficient low risk
offenders to staff a single crew. To maintain this program, the City of Fresno entered into an agreement with
Madera County Corrections for inmate labor. Unfortunately, low risk inmate levels at the Madera facility have
also declined to the point where we are currently only able to consistently staff one fulltime crew.
ISSUES RAISED BY COUNCIL
On June 9, 2011, this contract was sent to council for approval. The item was tabled after questions were
raised by council requiring additional research. On June 28, City and Caltrans officials met to discuss these
questions. The responses are contained below:
1. Is it possible for inmates to be supervised by someone other than a police officer?
Lieutenant Bennink made contact with the Madera Director of Corrections, Chief Manual Perez, who advised
he would not allow Madera County inmates to be supervised by non -sworn personnel outside of a secured
facility. Since the only available inmates are from the Madera County Jail, Chief Perez's decision effectively
eliminates the ability to use non -sworn personnel. Caltrans advised they have a total of five contracts in the
Valley and all of them require a police officer or corrections officer to supervise inmates.
2. Is Caltrans willing to contract litter clean-up with other private organizations in lieu of using inmate labor?
Caltrans has tried this in the past, but faced legal action by State labor groups for contracting with non-union
workers. This has not been the case when using inmate labor. Caltrans pointed out the state's "Adopt -a -
Highway Program" is the preferred avenue for private organizations to clean litter.
3. Is Madera County Corrections interested in contracting with Caltrans to perform supervision of inmate labor
in Fresno County for litter removal?
According to Chief Perez, Madera County Corrections has no interest in assuming the Caltrans contract to
perform litter clean-up in the City or County of Fresno.
4. Council was concerned that using a sworn officer for the Caltrans Litter Program takes an officer away from
patrol duties.
This is not the case. In fact, if this contract is not approved by council, the position will be eliminated from the
Police Department's budget, through attrition. Due to the current "no layoff' clause in the current FPOA MOU,
this will leave the department without funding for an officer. It will also leave the City of Fresno without a
freeway litter removal program.
FISCAL IMPACT
Caltrans will fully reimburse the City of Fresno for the cost of this contract, thus there is no net fiscal impact to
the General Fund. These funds have already been included in the FY11 and FY12 budget.
JPD/hb/map
Attachment: Caltrans Contract