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HomeMy WebLinkAboutMen's Colony & Atascadero • July 26, 1991 C.J. Salvato Associate Warden Business Services CALIFORNIA MEN'S COLONY P.O. Box 8101 San Luis Obispo, CA 93409 Dear Mr. Salvato, Enclosed you will find the fully executed contract between the Men' s Colony and the City of Atascadero. The City Council approved the contract at their regular meeting on July 23, 1991. A copy of the contract has been forwarded to Andy Takata, Director of Community Services and a duplicate original will remain on file in my office. If you should have any questions about the contract or billing, please call upon Mr. Takata at 461-5000. Sincerely, LEE RABOIN City Clerk Enclosure c: Andy Takata AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND CITY OF ATASCADERO This Agreement made and entered into by the California Mens Colony, Department of Corrections, hereafter, referred to as "CMC" and city of Atascadero hereafter referred to as "AGENCY". Witnesseth: That the consideration of the covenants, conditions, agreements and stipulations hereafter expressed do hereby agree to furnish services and materials as follows: 1. Recitals 1.01 AGENCY has a need for unskilled laborers to perform general maintenance work and CMC has unskilled laborers available to perform such work. 1.02 AGENCY desires to engage CMC as an independent contractor to provide services with the AGENCY. 1.03 The purpose of this Agreement is to provide a meaningful, useful and manageable work program as part of the work incentive of inmates at CMC to render a public service. Under no circumstances are inmates of CMC to be considered employees or agents during the period of assignment to AGENCY projects. 2. Obligation of CMC 2.01 CMC will provide a work force of custodially qualified workers who can perform unskilled labor for general maintenance on the properties under the jurisdiction of the AGENCY. 2.02 CMC will assign said work force to the AGENCY between the hours of 8:00 a.m. and 4:00 p.m., no more than five (5) days per weeks with Saturdays, Sundays and holiday excepted. 1 1 • r � 2.03 CMC will not commit inmates to AGENCY projects on days that the AGENCY cannot utilize their labor. 2.04 CMC will transport inmates to and from an agreed upon work designated site. 2.05 CMC will determine the amount of inmates that will be committed to a specific work site based on safety/security factors. Crew size and availability will be controlled by CMC. 2.06 CMC will retain custody of the inmates at all times during the course of work with the AGENCY. 2.07 CMC will furnish custody supervision to be responsible for each crew for the discipline, security, control,welfare and safety of inmates. 2.08 CMC will perform all necessary paperwork regarding hours worked, mileage, people used and accounting procedures. 2.09 CMC may reject any project which the institution administration feels could jeopardize the use of inmate labor or bring undue criticism to the use of this resource. 2.10 CMC will provide lunches and beverages for the inmate crews. 2.11 CMC will temporarily suspend work on any project without prior notification based on unforeseen custodial or situational circumstances. Written notification will be given if suspension will exceed 24 hours. 3. Obligation of AGENCY 3.01 AGENCY will receive the services of the inmate crew between 8:00 a.m. and 4:00 p.m. of each work day(minimum of six(6)hours). 3.02 AGENCY will provide heavy equipment and operators and/or specialized tools to said work details so as to enable the inmates to perform assigned work. The AGENCY will maintain said equipment in workable condition. Under no circumstance shall any inmate be permitted to use equipment or tools that he is not trained to use. ii 3.03 AGENCY will provide plans, material and technical guidance to the crew supervisor as necessary for all projects to be completed by CMC work crews. 3.04 AGENCY will provide CMC with information on size and location of projects. The work crew supervisor will ascertain the crew size and apprise the AGENCY on crew availability. Advance notice of curtailments on a project will be provided by the AGENCY. 3.05 AGENCY will provide portable toilet facilities if a permanent toilet is not on or adjacent to the job site. AGENCY will also be responsible for the transporting of the portable toilet to and from the job site. 4. Payment 4.01 AGENCY will pay CMC for any work force assigned to the AGENCY at $2.25 per day, per crew inmate, and $3.00 per day for an inmate leadman and a swamper. In high population density areas (i.e.within city limits) crew strength will be limited to a maximum of fifteen (15) inmates per supervisor. 4.02 Miles traveled to and from CMC in one days time will be charged at the rate of$1.20 per mile. 4.03 CMC will submit a detailed statement to AGENCY each month which sets forth days, hours per day worked, miles to and from CMC, and number of inmates in the work force assigned to AGENCY in the month immediately proceeding. CMC will add 30% to the monthly statement to the AGENCY (10% to be placed in the Inmate Welfare Fund, plus 20% for administrative costs). AGENCY will pay said statement within thirty (30) days after receipt thereof. 4.04 CMC shall have sole responsibility for disbursement of these payments to the personnel involved. iii r. 5. Work 5.01 The work force assigned by CMC shall only perform general maintenance on property of the AGENCY. Under no circumstances will said work force be used on public works projects or projects requiring skilled labor or projects requiring public bidding. 6.Relationship of Parties 6.01 It is understood that the contractural relationship of CMC to the AGENCY is that of independent contractor. The work force and agents and employees of CMC on assignment to the AGENCY are not, and shall not be considered employees or agents of the AGENCY. 6.02 Any obligations to provide worker's compensation insurance or to pay prevailing wages shall be borne by CMC to the extent that such obligations may apply, except as specified by law(Sections 3370-3371, Labor Code). 7. Liabilily 7.01 The AGENCY and CMC will each be responsible for its own negligence in the performance of this contract and for resulting injury or property damage. Each party agrees to identify, defend, and hold the other party harmless from claims of damage or injury resulting from its sole negligence in the performance of this contract. 8. Term 8.01 This Agreement shall begin July 1, 1991 and terminate June 30, 1992. It may be extended on a fiscal year basis upon request from AGENCY and consent of CMC. This Agreement may be terminated by either party upon thirty(30) days prior written notice thereof. 9. Assignment 9.01 Neither party shall assign any rights or obligations under this agreement. iv AGREEMENT BETWEEN THE CALIFORNIA MIENS COLONY AND THE CITY OF ATASCADERO This Agreement made and entered into by the California Mens Colony, Department of Corrections, hereafter referred to as "CMC and the City of Atascadero , hereafter referred to as "City" . Witnesseth: That the consideration of the covenants, conditions agreements and stipulations hereafter expressed do hereby agree to fur- nish services and materials as follows: 1. Recitals 1 . 01 City has a need for unskilled laborers to perform general maintenance work and CMC has unskilled laborers available to perform such work. 1. 02 City desires to engage CMC as an independent contractor to provide services with the city. 1 . 03 The purpose of this Agreement is to provide a meaning- ful, useful and manageable work program as part of the work incen- tive of inmates at CMC to render a public service. Under no circum- stances are inmates of CMC to be considered employees or agents during the period of assignment to City projects . 2 . Obligation of CMC 2 . 01 CMC will provide a work force of custodially qualified workers who can perform unskilled labor for general maintenance in the City parks, street parkways, beaches , reservoirs , and around the City in general within the City limits of the City of A-Lascadero. 2 . 02 CMC will assign said work force to City between the hours of 8: 00 a.m, and 4 : 00 p.m. , no more than five ( 5 ) days per week with Saturdays, Sundays and holidays excepted. Agreement Between the California Mens Colony and the City of Atascadero 2 . 03 CMC will not commit inmates to City projects on days that the City cannot utilize their labor. 2. 04 CMC will transport inmates to and from an agreed upon work designated site. 2. 05 CMC will determine the amount of inmates that will be committed to a specific work site based on safety/security factors. Crew size and availability will be controlled solely by CMC. 2. 06 CMC will retain custody of the inmates at all times during the course of work within the City. 2. 07 CMC will furnish custody supervision to be responsible for each crew for the discipline, security, control, welfare and safety of inmates. 2 . 08 CMC will perform all necessary paperwork regarding hours worked, people used and accounting procedures. 2. 09 CMC may reject any project which the Institution Adminis- tration feels could jeopardize the use of inmate labor or bring undue criticism in the use of this resource. 2 . 10 CMC will provide lunches and beverage for the inmate crews. 2. 11 CMC will temporarily suspend work on any project without prior notification based on unforeseen custodial or situational circumstances. Written notification will be given if suspension will exceed 24-hours. 3 . Obligation of City 3 . 01 City will receive the services of the inmate crews between 8 : 00 a.m. and 4 : 00 p.m. of each work day (minimum of six [ 6 ] hours ) . 2 Agreement Between the California Mens Colony and the City of Atascadero 3 . 02 City will provide heavy equipment and operators and/or specialized tools to said work details so as to enable the inmates to perform assigned work. The City will maintain said equipment in workable condition. Under no circumstances shall any inmate be permitted to use equipment or tools that he is not trained to use. 3 . 03 City will provide plans, material and technical guidance to the crew supervisor as necessary for all projects to be completed by CMC work crews . 3. 04 City will provide CMC with information on size and location of projects. The work crew supervisor will ascertain the crew size and apprise the City on crew availability. Advance notice of curtailments on a project will be provided by the City. 4 . Payment 4. 01 City will pay CMC for any work force assigned to City at the current prevailing rate for inmates of approximately $1. 50 per day, per crew inmate, and $2 . 00 for an inmate leadman and a swamper . In high population density areas ( i .e. , within City limits ) crew strength will be limited to a maximum of fifteen [ 15 ) inmates per supervisor. 4 . 02 Miles traveled in excess of 20 miles from the California Mens Colony in one days time will be charged at the rate of $ . 20 a mile. 4. 03 CMC will submit a detailed statement to the City each month which sets forth days, hours per day worked and number of inmates in the work force assigned to the City in the month immediately preceding. Statement will include mileage charges for miles traveled in excess of 20 miles per day. City will pay said statement within 3 Agreement Between the California Mens Colony and the City of Atascadero thirty ( 30 ) days after receipt thereof . CMC will add 30% to the monthly statement to the City ( loo to be placed in the Inmate Welfare Fund, plus 20% for administrative costs) . 4 . 04 CMC shall have sole responsibility for disbursements of these payments to the personnel involved. 5 . Work 5. 01 The work force assigned by CMC shall only perform general maintenance on property of City. Under no circumstances will said work force be used on public works projects or projects requiring skilled labor or projects requiring public bidding. 6. Relationship of Parties 6 . 01 It is understood that the contractural relationship of CMC to City is that of independent contractor. The work force and agents and employees of CMC on assignment to City are not, and shall not be considered employees or agents of City. 6 . 02 Any obligations to provide worker' s compensation insurance or to pay prevailing wages shall be borne by CMC to the extent that such obligations may apply, except as specified by law (Sections 3370-3371, Labor Code) . 7 . Liability 7 . 01 The City and CMC will each be responsible for its own negligence in the performance of this contract and for resulting injury or property damage. Each party agrees to indemnify, defend, and hold the other party harmless from claims of damage or injury resulting from its own sole negligence in the performance of this contract. 4 Agreement Between the California Mens Colony and the City of Atascadero 8. Termination 8 . 01 This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof. This Agreement shall terminate twelve ( 12 ) months from the date of signature by City unless it is extended by written notice from City to CMC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12 ) month intervals. 8. 02 This Agreement shall be renegotiated on a fiscal year basis. 9 . Assignment 9. 01 Neither party shall assign any rights or obligations under this Agreement. 10 . Notices 10 . 01 Notices to be given between the parties shall be in writing and may be served by depositing said notices in the United States Mail , First Class and postage prepaid, addressed as follows: City of Atascadero 6500 Palma Avenue Atascadero, California 93422 California Mens Colony P. O. Box 8101 San Luis Obispo, California 93409 11. Amendments 11 .01 This agreement shall not be amended except by an Agreement in writing signed by both parties . 5 Agreement Between the California Mens Colony and the City of Atascadero IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections W. ESTELL ROLFE N LSON Warden Mayor o Atascadero Dated: � �.��� �.Q'` / Dated:August 26, 1985 ATTEST: C. J Salvato �/ � Ass ciate Warden _ f' Z� N _ Business Services ROBEM M. JQTJJT� Interim City Attorney 6 STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Govenar DEPARTMENT OF CORRECTIONS CALIFORNIA MEN'S COLONY SAN LUIS OBISPO, CA 93409 July 9, 1990 Mr. Andrew Takata Director of Parks,Recreation and Zoo Dept. 6500 Palma Ave. Atascadero, CA 93422 Dear Mr.Takata: AGREEMENT BETWEEN THE D CITY OF ATASCADERO Your request for extension of the Inmate Service Contract for 1990/91 is approved. Terms and conditions of agreement dated June 22, 1988 remain the same. However, kindly be advised that the subsequent fiscal year, we are anticipating an increase in inmate labor and mileage. If youjiave any questions, please feel free to contact me at (805) 543-2700, extension . SALVATO Associate Warden Business Services cc: Community Crew Sgt. Sgt. Mooneyham STATE OF CALIFORNIA VrIWr { GEORGE DEUKb1EJIAN, Governor DEPARTMENT OF CORRECTIONS 3 CALIFORNIA MEN'S COLONY SAN LUIS OBISPO, CA 93409 August 1, 1989 �L x Mr. Andrew Takata Director of Parks, Recreation and Zoo Department P.O. Box 747 Atascadero, CA 93423 Dear Mr. Takata: AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND ATASCADERO PARKS, RECREATION AND ZOO DEPARTMENT Your request for extension of the Inmate Service Contract for 1989/90 is approved. Terms and conditions of agreement dated June 22, 1988 remain the same. If you have any questions, please feel free to contact me at (805) 543-2700, extension 7918 . C. LVATO Ass ciate Warden B iness Services 4-17 C7 e- STATE OF CALIFORNIA ' GEORGE DEUKMEJIAN, Governor DEPARTMENT OF CORRECTIONS CALIFORNIA MEN'S COLONY A� SAN LUIS OBISPO, CA 93409 July 18, 1988 JUL 42 G A3 City of Atascadero Ms . Cindy Wilkins Deputy City Clerk P. 0. Box 747 Atascadero, CA 93423 Dear Ms . Wilkins : Enclosed please find the duly signed agreement between the California Men ' s Colony and the City of Atascadero for fiscal year 1988/89 . Your contact person is Sergeant Campbell , 543-2700, extension 7070. I am happy that our inmate work crews will be of service to the City of Atascadero. Sincerely, C. J . SAL Associate Warden Business Services CJS : gb Enclosure cc : Sgt. Campbell Accounting wr AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND CITY OF ATASCADERO This Agreement made and entered into by the California Mens Colony, Department of Corrections, hereafter referred to as "CMC" and City of Atascadero hereafter referred to as "AGENCY" . Witnesseth: That the consideration of the covenants, conditions, agreements and stipulations hereafter expressed do hereby agree to furnish services and materials as follows: 1 . Recitals 1 . 01 AGENCY has a need for unskilled laborers to perform general maintenance work and CMC has unskilled laborers available to perform such work. 1 .02 AGENCY desires to engage CMC as an independent contractor to provide services with the AGENCY. 1 .03 The purpose of this Agreement is to provide a meaningful, useful and manageable work program as part of the work incentive of inmates at CMC to render a public service. Under no circumstances are inmates of CMC to be considered employees or agents during the period of assignment to AGENCY projects. 2. Obligation of CMC 2. 01 CMC will provide a work force of custodially qualified workers who can perform unskilled 1Abor for general maintenance on the properties under the jurisdiction of the AGENCY. i 2. 02 CMC will assign said work force to the AGENCY between the hours of 8:00 a.m. and 4: 00 p.m. , no more than five ( 5 ) days per week with Saturdays, Sundays and holidays excepted. 2. 03 CMC will not commit. inmates to AGENCY projects on days that the AGENCY cannot utilize their labor. 2 .04 CMC will transport inmates to and from an agreed upon work designated site. 2.05 CMC will determine the amount of inmates that will be committed to a specific work site based on safety/security factors. Crew size and availability will be controlled by CMC. 2. 06 CMC will retain custody of the inmates at all times during the course of work with the AGENCY. 2. 07 CMC will furnish custody supervision to be responsible for each crew for the discipline, security, control , welfare and safety of inmates. 2. 08 CMC will perform all necessary paperwork regarding hours worked, mileage, people used and accounting procedures. 2. 09 CMC may reject any project which the institution administration feels could jeopardize the use of inmate labor or bring undue criticism to the use of this resource. 2. 10 CMC will provide lunches and beveragelfor the inmate crews. ii 2. 11 CMC will temporarily suspend work on any project without prior notification based on unforeseen custodial or situational circumstances. Written notification will be given if suspension will exceed 24 hours. 3 . Obligation of AGENCY 3 .01 AGENCY will receive the services of the inmate crews between 8: 00 a.m. and 4: 00 p.m. of each work day (minimum of six (6 ) hours) . 3.02 AGENCY will provide heavy equipment and operators and/or specialized tools to said work details so as to enable the inmates to perform assigned work. The AGENCY will maintain said equipment in workable condition. Under no circumstances shall any inmate be permitted to use equipment or tools that he is not trained to use. 3.03 AGENCY will provide plans, material and technical guidance to the crew supervisor as necessary for all projects to be completed by CMC work crews. 3. 04 AGENCY will provide CMC with information on size and location of projects. The work crew supervisor will ascertain the crew size and apprise the AGENCY on crew availability. Advance notice of curtailments on a project will be provided by the AGENCY. 3 . 05 AGENCY will provide portable toilet facilities if a permanent toilet is not on or adjacent to the. job site. AGENCY will also be responsible for the% transporting of the portable toilet to and from the job iii *AW site. 4 . Payment 4 . 01 AGENCY will pay CMC for any work force assigned to the AGENCY at $2. 00 per day, per crew inmate, and $2 . 50 per day for an inmate leadman and a swamper. 'In high population density areas ( i .e. within city limits ) crew strength will be limited to a maximum of fifteen ( 15 ) inmates per supervisor. 4. 02 Miles traveled to and from CMC in one days time will be charged at the rate of $ . 35 per mile. 4.03 CMC will submit a detailed statement to AGENCY each month which sets forth days, hours per day worked, miles to and from CMC, and number of inmates in the work force assigned to AGENCY in the month immediately preceding. CMC will add 30% to the monthly statement to the AGENCY ( 10% to be placed in the Inmate Welfare Fund, plus 20% for administrative costs ) . AGENCY will pay said statement within thrity ( 30 ) days after receipt thereof . 4. 04 CMC shall have sole responsibility for disbursement of these payments to the personnel involved. 5. Work 5. 01 The work force assigned by CMC shall only perform general maintenance on property of the AGENCY. Under no circumstances will said work force be used on public works projects or projects requiring skilled labor o- projects requiring public bidding. iv 6. Relationship of Parties 6.01 It is understood that the contractural relation- ship of CMC to the AGENCY is that of independent contractor. The work force and agents and employees of CMC on assignment to the AGENCY are not, and shall not be considered employees or agents of the AGENCY. 6. 02 Any obligations to provide worker ' s compensation insurance or to pay prevailing wages shall be borne by CMC to the extent that such obligations may apply, except as specified by law (Sections 3370-3371 , Labor Code) . 7. Liability 7.01 The AGENCY and CMC will each be responsible for its own negligence in the performance of this contract and for resulting injury or property damage. Each party agrees to indemnify, defend, and hold the other party harmless from claims of damage or injury resulting from its sole negligence in the performance of this contract. 8. Termination 8. 01 This Agreement shall terminate June 30 , of each fiscal year, unless it is extended by written notice from AGENCY to CMC, said notice from AGENCY being accepted by CMC. Agreement shall be extended at twelve ( 12 ) month intervals. This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof . 8. 02 This Agreement may be renegotiated or%modified by either party on a fiscal year basis. v 9. Assignment 9. 01 Neither party shall assign any rights or obliga- tions under this Agreement. 10. Notices 10. 01 Notices to be given between the parties shall be in writing and may be served by depositing said notices in the United States Mail, First Class and postage pre- paid, addressed as follows: California Mens Colony City of Atascadero P.O. Box 8101 P.O. Box 747 San Luis Obispo, CA 93409 Atascadero, CA 93423 11 . Amendments 11 . 01 This Agreement shall not be amended except by an Agreement in writing signed by both parties . IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections Dated: W. ES ELLE BONITA BORGESON Warden Mayor Dated: Dated: JUNE 28, 1988 J. a o Associ to Warden Busin ss Services vi 7;NG AGENDA Y :a M E M O R A N D U M To: City Council William Hanley From: interim City Manager Date: June 28 , 1985 Subject: Approval of Contract renewal with CMC RECOMMENDATION It is recommended that the City Council approve the renewal of the contract with CMC for the period July 1, 198& to June 30, 1989 . DISCUSSION • The City has had a contract with CMC since 1985 . The contract is for the use of CMC work crews to help with a variety of City projects. The crews have been used by the Parks Depart- ment and the Public Works Department. The contract is being ammended to continue the availability of the work crews through June 30 . 19"89 i . 1140� )NOW STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT OF CORRECTIONS CALIFORNIA MEN'S COLONY SAN LUIS OBISPO, CA 93409 June 15, 1988 RECE1 V 4 ,0 City of Atascadero Cindy Wilkins, Deputy City Clerk �vUN 17 1988 P.O. Box 747 Atascadero, CA 93423 ATASCATCITY CLERK Dear Ms. Wilkins: Enclosed please find two copies of the Agreement for the use of the California Mens Colony' s inmate labor. This must be returned in order to renew your contract for fiscal year 1988/89. If you wish to continue work crew services, please sign and return to the California Mens Colony as soon as possible. A copy will be returned to you when the agreement is duly signed. Please note that section 3.05 has been added and section 2. 08, 4.01 , 4. 02, 403 and 8.01 have been amended. We. hope that our inmate work crew can continue to be of service to you during the next fiscal year. Sincerely, C. TO Assoc ate Warden Busin ss Services CJS:cm Enclosures STATE OF CALIFORNIA 'r GEORGE DEUKMEJIAN, Governor DEPARTMENT OF CORRECTIONS CALIFORNIA MEN'S COLONY C7 SAN LUIS OBISPO, CA 93409 U L 3 9987 HTAXADERO GT'(CL,-RK July 9, 1987 City of Atdscadero Cindy Wilkins, Deputy City Clerk P.O. Box 747 Atascadero, CA 93423 Dear Ms. Wilkins: Enclosed please find the duly signed agreement, amendment #2 between the California Mens Colony and the City of Atascadero. Your contact person is Sergeant Campbell, 543-2700, extension 7070 . I am happy that our inmate work crews will be of service to the City of Atascadero. 7n e��, .J. Salvato Associate Warden Business Services CJS:cm Enclosure cc: Sgt. Campbell Accounting AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND CITY OF ATASCADERO AMENDMENT #2 This Agreement made and entered into by the California Mens Colony, State Department of Corrections, hereafter referred to as "CMC" and the City of Atascadero, hereafter referred to as "City" . Both parties agree to amend the contract of fiscal year 1985/86 , Section 8 . 01 Termination to read as follows: "This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof . This Agreement shall terminate June 30 , 1988 , unless it is extended by written notice from City to CNIC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12) month intervals. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections W. t�ba*rLJh BARBARA NORRIS J Warden t Mayor Dated: _ a Y7 Dated: ATTEST: a va o F Y G SEN Associate Warden A or Business Services 'r.'STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT OF CORRECTIONS CALIFORNIA MEN'S COLONY SAN LUIS OBISPO, CA 93409 t►i 8 1986 A—AC;rzR0 "•�Y CLERK August 7 , 1986 City of Atascadero Cindy Wilkins, Deputy City Clerk P.O. Box 747 Atascadero, CA 93423 Dear Ms. Wilkins: Enclosed please find the duly signed agreement, amendment #1 , between the California Mens Colony and the City of Atascadero. Your contact person is Sergeant Pope, 543-2700, extension 7070 . I am happy that our inmate work crews will be of service to the City of Atascadero. Sincerely, 'J. Salvato Associate Warden Business Services CJS:cm Enclosure cc: Sergeant Pope Accounting AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND THE CITY OF ATASCADERO AMENDMENT #1 This Agreement made and entered into by the California Mens Colony, State Department of Corrections, hereafter referred to as "CMC" and the City of Atascadero, hereafter referred to as "City" . Both parties agree to amend the contract of fiscal year 1985/86, Section 8. 01 Termination to read as follows: "This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof. This Agreement shall terminate June 30, 1987, unless it is extended by written notice from City to CMC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12 ) month intervals. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department oLC Le ��ns . T L E Marjo e Mackey, Mayor Warden Dated: Auqust 6 , 1986 Dated: July 14 , 1986_ ATTEST: C.J. a vat B yd aritz, City rk Ass ciate Warden Business Services APPROVED AS TO FORM: ,<17 I Robert M. s, City Attorney ' ••. fir+' "tirr+'' 10. Notices 10.01 Notices to be given between the parties shall be in writing and may be served by depositing said notices in the United States Mail, First Class and postage prepaid, address as follows: California Mens Colony City of Atascadero P.O.Box 8101 6500 Palma Avenue San Luis Obispo, CA 93409 Atascadero, CA 93422 11.Amendments 11.01 This Agreement shall not be amended except by an Agreement in writing signed by both parties. In WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections 4 W. ESTELLE By: D D ^•ate Warden ALDEN SHIERS MAYOR ITLE Dated: c _ July 23, ' 1991. Ap oved as t Form d gal Effect C.J. S VATO CITY ATTORNE Assoc' to Warden TITLE Business Services q Dated: July 23, ' 1991. � J ` ATTEST* CV— MZ IN, City Clerk ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 606 ATASCADERO, CALIFORNIA 93423 ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805( 466-4422 Atrjvawm� aseadet�CITY COUNCIL CITY CLERK � POLICE DEPARTMENT POST FICE BOX 747 CITY TREASURER ORPORATEATASCADERO, CALIFORNIA 93423 CITY MANAGER PHONE: (805( 466-8600 ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT PARKS AND RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 PHONE: (805( 466-2141 C.J. Salvato, Associate Warden Business Services California Men's Colony San Luis Obispo, CA 93409 CERTIFICATION I, CINDY WILKINS, Deputy City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Resolution No. 47-87 adopted by the Atascadero City Council at a regular meeting thereof held on June 23, 1987 DATED: 7/6/87 CINDY WILKINS, Deputy City Qlerk City of Atascadero, California * Also enclosed is original Amendment #2 to the Agreement between CMC and the City of Atascadero, which has been signed by appropriate City officials. Please return one copy bearing original signatures of appropriate designated CMC personnel for our files (to the attention of the City Clerk's Office) as soon as possible. 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V O N Py T W m 0 c6 O t w W LIJ cy..) _ i c W W_H O so W c c r oW ava O 3 (nWi.WW p a N O WLL cW �+ M N o F-F ' O O> '2 CC >>x�I j 0:0 n U U N FF-TW�v� F UY W k vLU Occ 000 (A O 04 W Wt-0,01- W W 00m r v E- o O rl N E c m r cd o0 O -o UCm' c r4. X pro p O O PCIW O 4.4 •!-(�A� QW j cO r-I wor r W.0 EA �-I C> Wd - c W rn U W UD fi LL a 'D a— Ci ui X n ', INCORPORATED JULY 2, 1979 ADMINISTRATION BUILDING POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-8000 DATE: 'aJ or t 11 :sp v:�to hus-Lne8s; Sen, FROM: cil", clerk, Off SUBJECT: Enclose+'i v per yoxr dated ✓A,11:a,. are or-1ig-iz1,,-'-, i41 }3b';„ Eile above re1"Z-,-,rZd -,v 04e i'v-ascadero Cit.v Cour'--cil on JuTle wa. ai 2 8 1,998 and has 1'c'--�n I)v the Mave�r. * Please retu'ra oa,:� vn'py -r iJ-1 'rJ )ems s al-ter 3i )rot. siqnatures have i-:e-,-3 n a n vou CINIMY Dc.x)ut,- C y Lcy Merl POLICE DEPARTMENT FIRE DEPARTMENT P. O. BOX 747 6005 LEWIS AVENUE ATASCADERO, CA 93423 ATASCADERO, CA 93422 (805) 466-8600 (805) 466-2141 ' INCORPORATED JULY 2. 7978 ADMINISTRATION BUILDING POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-8000 DATE: TO FROM: SUBJECT: r i i CITY ATTORNEY FIRE DEPARTMENT ' POLICE DEPARTMENT P. O. BOX 749 6005 LEWIS AVENUE ATASCADERO, CA 93423 (805) 466-8600 ATASCADERO, CA 93422 (805) 466-5678 (805) 466-2141 t AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND THE CITY OF ATASCADERO This Agreement made and entered into by the California Mens Colony, Department of Corrections, hereafter referred to as "CMC and the City of Atascadero , hereafter referred to as "City" . Witnesseth: That the consideration of the covenants, conditions agreements and stipulations hereafter expressed do hereby agree to fur- nish services and materials as follows: 1. Recitals 1. 01 City has a need for unskilled laborers to perform general maintenance work and CMC has unskilled laborers available to perform such work. 1. 02 City desires to engage CMC as an independent contractor to provide services with the city. 1. 03 The purpose of this Agreement is to provide a meaning- ful, useful and manageable work program as part of the work incen- tive of inmates at CMC to render a public service. Under no circum- stances are inmates of CMC to be considered employees or agents during the period of assignment to City projects. 2. Obligation of CMC 2. 01 CMC will provide a work force of custodially qualified workers who can perform unskilled labor for general maintenance in the City parks, street parkways, beaches , reservoirs, and around the City in general within the City limits of the City of A'cascadero. 2 . 02 CMC will assign said work force to City between the hours of 8 : 00 a.m. and 4 : 00 p.m. , no more than five ( 5 ) days per week with Saturdays, Sundays and holidays excepted. Agreement Between the California Mens Colony and the City of Atascadero 2. 03 CMC will not commit inmates to City projects on days that the City cannot utilize their labor. 2. 04 CMC will transport inmates to and from an agreed upon work designated site. 2. 05 CMC will determine the amount of inmates that will be committed to a specific work site based on safety/security factors. Crew size and availability will be controlled solely by CMC. 2. 06 CMC will retain custody of the inmates at all times during the course of work within the City. 2. 07 CMC will furnish custody supervision to be responsible for each crew for the discipline, security, control, welfare and safety of inmates. 2. 08 CMC will perform all necessary paperwork regarding hours worked, people used and accounting procedures. 2. 09 CMC may reject any project which the Institution Adminis- tration feels could jeopardize the use of inmate labor or bring undue criticism in the use of this resource. 2 . 10 CMC will provide lunches and beverage for the inmate crews. 2. 11 CMC will temporarily suspend work on any project without prior notification based on unforeseen custodial or situational circumstances . Written notification will bq given if suspension will exceed 24-hours. 3 . Obligation of City 3 . 01 City will receive the services of the inmate crews between 8 : 00 a.m. and 4: 00 p.m. of each work day (minimum of six [ 6 ] hours ) . 2 1 114W *40W Agreement Between the California Mens Colony and the City of Atascadero 3. 02 City will provide heavy equipment and operators and/or specialized tools to said work details so as to enable the inmates to perform assigned work. The City will maintain said equipment in workable condition. Under no circumstances shall any inmate be permitted to use equipment or tools that he is not trained to use. 3 . 03 City will provide plans, material and technical guidance to the crew supervisor as necessary for all projects to be completed by CMC work crews. 3. 04 City will provide CMC with information on size and location of projects. The work crew supervisor will ascertain the crew size and apprise the City on crew availability. Advance notice of curtailments on a project will be provided by the City. 4 . Payment 4 . 01 City will pay CMC for any work force assigned to City at the current prevailing rate for inmates of approximately $1. 50 per day, per crew inmate, and $2. 00 for an inmate leadman and a swamper. In high population density areas ( i.e. , within City limits ) crew strength will be limited to a maximum of fifteen [15 ] inmates per supervisor. 4 . 02 Miles traveled in excess of 20 miles from the California Mens Colony in one days time will be charged at the rate of $. 20 a mile. 4. 03 CMC will submit a detailed statement to the City each month which sets forth days, hours per day worked and number of inmates in the work force assigned to the City in the month immediately preceding. Statement will include mileage charges for miles traveled in excess of 20 miles per day. City will pay said statement within 3 Agreement Between the California Mens Colony and the City of Atascadero thirty ( 30 ) days after receipt thereof . CMC will add 30% to the monthly statement to the City ( 10% to be placed in the Inmate Welfare Fund, plus 20% for administrative costs) . 4 . 04 CMC shall have sole responsibility for disbursements of these payments to the personnel involved. 5. Work 5 . 01 The work force assigned by CMC shall only perform general maintenance on property of City. Under no circumstances will said work force be used on public works projects or projects requiring skilled labor or projects requiring public bidding. 6. Relationship of Parties 6 . 01 It is understood that the contractural relationship of CMC to City is that of independent contractor. The work force and agents and employees of CMC on assignment to City are not, and shall not be considered employees or agents of City. 6 . 02 Any obligations to provide worker ' s compensation insurance or to pay prevailing wages shall be borne by CMC to the extent that such obligations may apply, except as specified by law (Sections 3370-3371, Labor Code) . 7. Liability , 7 . 01 The City and CMC will each be responsible for its own negligence in the performance of this contract and for resulting injury or property damage. Each party agrees to indemnify, defend, and hold the other party harmless from claims of damage or injury resulting from its own sole negligence in the performance of this contract. 4 Agreement Between the California Mens Colony and the City of Atascadero 8. Termination 8. 01 This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof . This Agreement shall terminate twelve ( 12 ) months from the date of signature by City unless it is extended by written notice from City to CMC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12 ) month intervals. 8. 02 This Agreement shall be renegotiated on a fiscal year basis. 9. Assignment 9. 01 Neither party shall assign any rights or obligations under this Agreement. 10. Notices 10 . 01 Notices to be given between the parties shall be in writing and may be served by depositing said notices in the United States Mail, First Class and postage prepaid, addressed as follows: City of Atascadero 6500 Palma Avenue Atascadero, California 93422 California Mens Colony P. O. Box 8101 4 San Luis Obispo, California 93409 11. Amendments 11.01 This agreement shall not be amended except by an Agreement in writing signed by both parties. 5 Agreement Between the California Mens Colony and the City of Atascadero IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections f W. ESTELLE ROLFE N LION Warden Mayor o Atas�cadero Dated: Dated:August 26, 1985 ATTEST: C. J. Salvato Associate Warden Business Services ROBERT M. JO Interim City Attorney a 6 STATE OF CALIFORNIA TO: !•• Wil,. .-15 SUBJECT: AgreE nt between I DATE MINI-MEMO Deputy''' _ity Clerk City of AtascN_" ero and 9-13-85 California Mens Colony STD 100-8 (REV. 9.70) M Enclosed please find the signed agreement for fiscal year 85/86 . E S S A G E SIGNED ADDRESS PHONE RETURN TO ► Terri Kn ht Business Office - CMC 543-2700 #7919 R P L Y SIGNED ADDRESS DATE ► SEND PARTS 1 AND 3 INTACT — PART 3 WILL BE RETURNED WITH REPLY OSP • 1 ADMINISTRATION BUILDINGCITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 606 ATASCADERO, CALIFORNIA 93423 ATASCADERO.CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466-4422 CITY COUNCIL CITY CLERK tascadeit® POLICE DEPARTMENT CITY TREASURER INCORPORATED JULY 2. 1979 POST OFFICE BOX 747 CITY MANAGER ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-8600 ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT ~ PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT PARKS AND RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 .�.. PHONE: (805) 466-2141 C.J. Salvato, Associate Warden Business Services California Men' s Colony San Luis Obispo, CA 93409 CERTIFICATION a I, CINDY WILKINS, Deputy City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Resolution No. 82-86* adopted by the Atascadero City Council at a regular meeting thereof held on July 14 , 1986 DATED: 7/28/86 �- CINDY WILKINS, Deputy City Clerk City of Atascadero, California * Also enclosed, as requested in vour correspondence of June 10 , 1986 , are the four copies of Amendment #1 to the Agreement between CMC and the City of Atascadero; these have been signed by appropriate City officials. Please return one fully execu- ted copy (to the attention of the City Clerk' s Office) as soon as possible. RESOLUTION NUMBER e2-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AGREEMENT AMENDMENT TO CALIFORNIA MENS COLONY AND CITY OF ATASCADERO JULY 1, 1986 THROUGH JUNE 30, 1987 WHEREAS, the City of Atascadero entered into an agreement with the California Mens Colony on August 26, 1985, for unskilled laborers to perform general maintenance work; and WHEREAS, the California Mens Colony requires the City to amend the original agreement and to extend provisions of the agreement to June 30, 1987; NOW, THEREFORE, be it resolved that the Atascadero City Council authorize Mayor Marjorie Mackey to sign the amendment, thus renewing the contract agreement for fiscal year 1986/87 . On motion by COUNCILMAN MOLINA and seconded by COUNCILMAN HANDSHY the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: COUNCILMEMBERS BORGESON, HANDSITY , MOLINA AND MAYOR MACKEY NOES: NONE ABSENT COUNCILWOMAN NORRIS ADOPTED: JULY 14 , 1986 City of Atascadero, California ATTEST:` f� BOYD`/SHARITZ �- MARJOR�t MACKEY City Clerk Mayor APPROVED AS TO FORM: ROBERT M. JONES City Attorney AGREEMENT BETWEEN THE CALIFORNIA MENS COLONY AND THE CITY OF ATASCADERO AMENDMENT #1 This Agreement made and entered into by the California Mens Colony, State Department of Corrections, hereafter referred to as "CMC" and the City of Atascadero, hereafter referred to as "City" . Both parties agree to amend the contract of fiscal year 1985/86, Section 8. 01 Termination to read as follows: "This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof. This Agreement shall terminate June 30, 1987, unless it is ext`nded by written notice from City to CMC, said notice from City being accepted by CMC. Agreement shall be extended at twelve ( 12 ) month intervals. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections -�-�- ' W. ESTELLE Marjo e Mackey, Mayor Warden Dated: Dated: July 14, 1986 ATTEST: 1 C.J. Salvato Boyd aritz,, City rk Associate Warden Business Services APPROVED AS TO FOF.M: Ro ert M. es, City Attorney `fte STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT OF CORRECTIONS _ CALIFORNIA MEN'S COLONY SAN LUIS OBISPO, CA 93409 'JUN June 10, 1986 City of Atascadero City Manager P.O. Box 747 Atascadero, CA 93423 Gentlemen: As per your request, your contract will be extended for another fiscal year. Enclosed please find four copies of Amendment #1 of the Agreement between the California Mens Colony and the City of Atascadero for the use of inmate labor. This amendment must be returned in order to renew your contract for fiscal. year 1986/87 . If you wish to continue work crew services, please sign and return to California Mens Colony as soon as possible. A copy will be returned to you when the agreement is duly signed. All of the terms, conditions, and stipulations of the 1985/86 agreement stand as first written. We hope that our inmate work crew can continue to be of service to you during the next fiscal year. Sincerely, C. alvato Ass ciate Warden Business Services CJS:cm Enclosure