City and County of San Francisco Request for Proposals # ...mission.sfgov.org/OCA_BID_ATTACHMENTS/FA22913.pdf · Professional Services Contracts, for cont acts $29,000 and over document

City and County of San Francisco

Request for Proposals

#SHF2012-01

Inmate Meal Service

Date issued: Monday, February 27, 2012 Mandatory Pre-proposal conference and Jails Tour Friday, March 16, 2012 Proposal due: Monday, April 2, 2012 by 2:00 pm

Request for Proposals for Inmate Meal Service

TABLE OF CONTENTS

Page

I. Introduction and Schedule .....................................................................................................Page 1

II. Scope of Work .......................................................................................................................Page 2

III. Submission Requirements......................................................................................................Page 25

IV. Evaluation and Selection Criteria ..........................................................................................Page 29

V. Mandatory Pre-proposal conference and Contract award......................................................Page 31

VI. Terms and Conditions for Receipt of Proposals ....................................................................Page 32

VII. Contract Requirements...........................................................................................................Page 37

VIII. Protest Procedures .................................................................................................................Page 38

Appendices: A. RFP Registration Form B. HRC Attachment 2: Requirements for Architecture, Engineering and separate

Professional Services Contracts, for cont acts $29,000 and over document (separate document). Contractors must submit the following forms: Form 2A, HRC Contract Participation form Form 2B, HRC “Good Faith” Outreach Requirements form Form 3, HRC Non-discrimination Affidavit Form 5, HRC Employment form The following form may be required, depending on the circumstances: Form 4,Joint Venture Participation Schedule

Standard Forms: Listing and Internet addresses of Forms related to B-1 Taxpayer Identification Number and Certification, to Business Tax Declaration, and to Chapters 12B and 12C, and 14B of the S.F. Administrative Code.

C. Agreement for Professional Services (form P-500) separate document D. Exhibits: 1 through 5 E. Jail Clearances F. Reference Form G. Minimum Labor Standards (MCO) (HCAO)

P-590 (11-07) i February 27, 2012

RFP #SHF2012-01 Inmate Meal Service

Request for Proposals for

RFP #SHF2012-01

Inmate Meal Service

I. Introduction and Schedule A. General

The City and County of San Francisco Sheriff’s Department (“SFSD”) seeks responses from qualified Contractors, to a Request for Proposal (“RFP”) to deliver quality food service to the County jails, while maintaining the established nutritional and health standards included in Minimum Jail Standards, Title 15 of the California Code of Regulations and the American Correctional Association on food service standards. In addition, Contractor must provide a comprehensive culinary program, including ServSafe training and certification, for prisoners working in the jail kitchens and participating in jail educational programs. This program will be coordinated through the jail education program (Five Keys Charter School) and/or Five Keys’ post-release program, and shall include a job placement. The estimated yearly amount of the contract is $3,600,000.

The contract period shall have an original term of five (5) years. The term of the contract is the period from award execution date, approximately July 1, 2012, through the last day of the month of a sixty consecutive month period. In addition, the City shall have two options to extend the term, for a period of one year each, by mutual agreement in writing. The maximum contract period shall not be more than seven (7) years. B. Schedule

The anticipated schedule for selecting a consultant is: Proposal Phase Date RFP is issued by the City Monday, February 27, 2012 Mandatory Pre-proposal Conference and Jails Tour Friday, March 16, 2012 Deadline for submission of written questions or requests for clarification Wednesday, March, 21, 2012 Answers submitted to City Website Friday, March 23, 2012 Proposals Due Monday, April 2, 2012

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II. Scope of Work The Scope of Work is to be used as a general guide and is not intended to be a complete list of all work necessary to complete the project. The following are work tasks assumed necessary to provide inmate meals for all San Francisco City and County Jails. Proposing teams may suggest a modified scope as part of their proposal. The City and County of San Francisco Sheriff’s Department (“SFSD”) operates five (5) jail housing facilities and one (1) jail intake and release facility. Currently CJ#6 is closed due to low inmate population, however this will likely change as the State’s realignment process continues forward. Kitchens are located in three (3) of the jail facilities, CJ#2, CJ#4 and CJ#5. The kitchen at CJ#2 is currently closed, but could resume operation when the inmate population rises. The locations, prisoner population capacities, authorized staffing levels and meal service times for prisoners and staff are listed in APPENDIX D, Exhibit 1. The number of meals served by location is listed in APPENDIX D, Exhibit 2 A, Prisoner Meals and Exhibit 2 B. Staff Meals. The numbers of meals listed are based on an average of meals billed in the current fiscal year. You will find the estimated special/therapeutic meal count for six months on APPENDIX D, Exhibit 2 C. This count is included in the total Inmate Meal Count from Exhibit 2 A. The Contractor is expected to comply with all applicable California Code of Regulations, Title 15, Minimum Jail Standards, and with all American Correctional Association food service standards.

A. Daily Meal Production Requirements 1. The Contractor will provide the number and type of meals listed in APPENDIX D,

Exhibit 2 A,B,C, by each jail kitchen site. B. Staff Dining Please Note: Staff meals may be an initial requirement of the contract, but may be rescinded by SFSD at any time due to changes in the Deputy Sheriffs’ Association (DSA) and the Managers and Supervisory Agency (MSA) Memorandums Of Understanding with the City.

1. The Contractor will provide a minimum of one meal per shift for staff assigned to jail facilities that operate with three (3) eight (8) hour shifts. The menu will provide a variety of cold and hot meals during a six week cycle.

2. The Contractor will provide a minimum of one meal and a maximum of two meals for staff assigned to jail facilities that operate with two (2) twelve (12) hour shifts. The menu will provide a variety of cold and hot meals during a six week cycle.

3. The Contractor’s proposal submission must include a method of delivery for staff meals that insures clear accountability of meals served so that billings can be properly audited.

C. Other The Contractor should be aware that bag lunches are also provided to persons participating in the Sheriff’s Work Alternative Program or post-release education programs. The average number of bag lunch meals is included in APPENDIX D, Exhibit 2C.

D. Purchasing

1. Food Specifications: The Contractor must provide the minimum purchasing

specifications to be used in the purchase of all food products and disposable service-ware. The specifications provided should address the levels of quality, grade, size, pack, count and all other relevant information.

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2. The County must approve, in writing, any changes from the stated specifications. All

food purchased for use under this contract shall meet at least the following specifications:

a. Beef, veal and lamb shall be of at least USDA Good. The fat and/or soy content of all ground beef products to be used cannot be in excess of 20 and 6 percent respectively. Meat blends (i.e., beef and turkey) must be of equal proportions. All breaded products must have a product weight of 3 oz. before breading.

b. Poultry shall be at least USDA Grade B. Chicken quarters can be no less than 8 oz. raw weight. Legs or thighs must be 6 oz. minimum raw weight. All breaded products must have a product weight of 3 oz. before breading.

c. Canned fruits and vegetables shall be at least USDA Grade C or standard. Frozen fruits and vegetables shall be at least USDA Grade B.

d. Fresh produce shall be at last USDA No.2. e. Each individual serving must be of sufficient size to meet the nutritional

requirements, see Section F., Nutritional Requirements. When the specified size is not available, the Contractor must purchase the new larger (smaller count) size.

f. Dairy products shall be at least USDA Grade A. Butter may be substituted for margarine when it is a commodity item. 2% fluid milk shall be served as a beverage. Dry/powdered milk may be used in cooking/baking.

g. Eggs shall be at least USDA Grade B Medium. h. Frozen fish and seafood must be nationally distributed brands, packed under

continuous government inspection. i. Bakery products: A minimum of 60 percent whole-grain products must be

used. Day-old breads may be purchased but must be used within 48 hours or frozen until the time of use.

j. The Contractor may not purchase ”second market” and/or distressed, to include expired freshness dates, food items without the prior written approval of the Sheriff.

3. Surplus Food Usage

a. At the present time, Federal Government sponsored commodities are not

being made available for correctional institutions. b. In the event that they should, it is to the County’s fiscal advantage that the

Contractor uses its best efforts to maximize the use of Federal Government Surplus Commodities.

c. Subject to availability and the provisions within RFP specification, Section G., the Contractor shall provide for the utilization of Federally supplied commodities which shall be strictly accounted for and used only for the benefit of the Sheriff’s food service operation to the maximum extent allowed.

d. The liability for proper use and accountability for these commodities shall be the responsibility of the Contractor.

e. Surplus food must be ordered, received, stored, and accounted for in accordance with State of California procedures.

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f. The Contractor will submit its quarterly orders to the designated Facility

Commander(s) for review and approval prior to forwarding to the State no later than the time and date specified.

g. A four (4) month estimate of surplus food usage must be submitted to the Facility Commander(s) no later than the fifteenth of November, March and July each year for the purposes of ordering (dates subject to change).

h. The Contractor will pay the County, in the form of a credit against meal charges; the State of California approved wholesale value of the surplus commodities. Shipping/handling fees incurred for picking up and transporting the surplus food will be the responsibility of the Contractor.

i. The Contractor will submit copies of its receipts (if received during that period) and Contractor prepared inventory/period usage report showing beginning inventory, receipts, usage and ending inventory along with the State of California approved wholesale value (by item and extended) to the designated Facility Commander(s) with its billing to the County.

j. In the event that the Contractor receives spoiled commodities, the responsible State of California agency is to be notified and disposition handled in accordance with their instructions.

k. Copies of all disposition records are to be forwarded to the Facility Commander in order for a credit to be made to the Contractor’s commodity usage.

4. Condiments such as pepper, catsup, mustard, relish, salad dressings and others must

be in individual disposable packets/containers and service on each prisoner’s tray. 5. Disposables :

Proposers should review the Food Service Waste Reduction Ordinance as set forth in San Francisco Environment Code Chapter 16 and must comply with all requirements. To view, go to the following address: http://www.archive.org/stream/gov.ca.sf.environment/ca_sf_environment_djvu.txt

a. The Contractor must specify all paper, service-ware (forks, etc), sacks,

dishes, cups, and other expendable items it will supply for use in the operations of the food service facility.

b. The Contractor must supply aprons, hairnets or hats and plastic gloves for use by prisoner workers in the kitchen, as well as those delivering meals.

c. The County reserves the right to request that samples of all or certain specified disposables be submitted prior to Contractor selection.

6. The Contractor will be responsible for receiving and properly securing all goods

received at the kitchen loading area or food service warehouse door. 7. The Contractor should encourage all salespersons to call at their district/area offices.

If a sales person must call on the Contractor’s unit manager, the appointment must be set up and arrangements made for the sales person to check in at the main entrance to the jail facility.

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8. The Contractor must provide for the correct handling, prompt storage and

rotation/issue of food items purchased or use in the facility. All purchased and prepared products must be clearly identified and display the date received/stored. Products which have been frozen in excess of one year and/or are past the manufacturers/processors established or implied pull/freshness expiration date may not be served.

9. The Contractor shall provide a statement as to how often a physical inventory of

processed and non-processed food and supply items will be taken. The method for conducting the inventory and the disposition of the data collected must be explained in detail in the proposal response.

E. Menus

1. The Contractor will supply three meals per day. The lunch meal will be a cold meal. Service of more than one cold meal per day shall be upon mutual agreement of the County and Contractor.

2. Cold meals must remain within the nutritional/caloric guidelines spelled out in this agreement.

3. Dinners must always be a hot meal. 4. A representative 42-day cycle menu must be submitted within the Contractor’s

proposal and must meet the current standards of Minimum Jail Standards, Title 15, revised 2008 and included in Exhibit 3.

5. Minimum Menu Requirements:

a. The Contractor will provide eight ounces of 2% milk at breakfast and dinner daily.

b. Four ounces of fruit juice (not fruit drink) must be served a minimum of three times a week at breakfast.

c. The Contractor must provide whole meat chicken (breast or leg and thigh combination) at least once a week.

6. Contingency Meals:

a. The Contractor will be required to provide food service at no additional cost

to the County in the event of lock downs, jail disturbances, fire, power failure or other events that would impede the normal jail operations.

b. At a minimum, the Contractor must isolate and maintain an on-premise inventory of food and water sufficient to prepare and serve three (3) days of scheduled meals.

7. Menu Substitutions/Changes:

a. A log detailing all full or partial menu substitutions must be maintained for

the Sheriff’s food service operation. b. The reasons for temporary changes or last minute substitutions must be

submitted in writing to the Facility Commander(s) no less than once a week. c. Permanent changes in the planned menu must be approved prior to

implementation and shall be noted in writing on the menu in the kitchen(s) and the corrected menu filed with the Facility Commander(s).

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d. A registered dietitian must certify all temporary substitutions and permanent

changes as being nutritionally comparable. e. Documentation of menus as they are actually served must be maintained as

verification of providing a nutritionally adequate diet and such documentation must be submitted to the Facility Commander(s) if requested to do so.

8. Heart Healthy and/or low sodium general population meals:

a. To the extent the Contractor provides the general population meals either low

sodium (approximately 2.5gm.), heart healthy, or otherwise provides a menu that addresses medical needs, special therapeutic/medical diets would not be necessary.

9. Therapeutic/Medical Diets:

a. Medical Department ordered therapeutic/medical diets are to be prepared,

portioned and transported in the same manner as prescribed above at the same cost per meal proposed.

b. If requested to do so, the Contractor is to provide specified nutritional supplements at the Contractor’s cost plus the proposal mark-up, but no more than ten (10%) percent.

c. Specific therapeutic/medical diets should be prepared and served to prisoners according to the orders of the attending physician or dentist, or as directed by the responsible health authority official.

d. Medical diets, verified by a registered dietitian, should be specific and complete and will be furnished in writing by the Contractor.

e. The source book to be used is the Manual of Clinical Dietetics, Sixth Edition, published by the America Dietetic Association (ISBN 0-88091-187-0) or comparable source that will be subject to the approval of the County.

f. A list of therapeutic/medical diets currently ordered is included in APPENDIX D, Exhibit 4.

10. Other Special Diets and Meals

a. Sheriff’s staff, Religious Services staff, and/or medical staff may order

vegetarian diets for prisoners. b. Religious diets must be approved by the Religious Services Coordinator with

assistance from religious service providers. Religious diets shall be simple and conform as closely as possible to the food served other prisoners.

c. Special holiday meals shall be served on Christmas, New Years, Easter, and Thanksgiving and the menu for these meals shall be included in the Contractor’s Proposal.

11. The Contractor shall have a diet manual available for distribution at each kitchen site

within 30 days of the start of this contract.

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F. Nutrition Requirements

1. Menu Certification:

a. Menus must be reviewed and certified by the Contractor’s Registered

Dietitian as adjusted for age, sex and activity according to the Recommended Dietary Allowances (RDA) stated by the National Academy of Sciences.

b. The menus must also conform as closely as possible to the United States Department of Agriculture (USDA) guidelines for food composition especially those related to the amount of fat, cholesterol, sodium and dietary fiber.

c. The menus proposed must contain no more than 2.5 gm. sodium and 30 percent fat.

d. The Contractor must provide the County with written certification of this review for each cycle menu prior to implementation.

e. The data must provide at a minimum, weekly and total cycle summaries and list all RDA vitamins and nutrients as well as cholesterol, sodium and fiber contents.

f. The County reserves the right to request additional menu and/or nutritional modifications as part of any contract amendment renewal and/or price adjustment process as outlined in this RFP.

g. Contractor must maintain a six week menu cycle. h. Contractor must provide, at a minimum, oranges, and two other seasonally

available fruits, and must rotate the type of fruit served through out the six week menu cycle.

i. Whenever possible, Contractor should provide inclusion of vegetables produced by the SFSD’s Garden Project.

2. Bag/Sack Meals:

a. All regular sack meals must contain approximately one-third of the minimum

daily nutrition requirement (refer to Section F. 4. b.)

3. Substitutions:

a. All substituted items in the menus served shall be of equal nutritional value as the original menu item.

b. Any major substitution changes shall be agreed upon by Contractor and SFSD, and must be certified and signed by the City’s Registered Dietitian, as well as Contractor’s Dietitian.

4. Daily Caloric Requirements:

a. The minimum daily caloric requirements for adults shall be 2500. b. Inmate workers identified by the Sheriff’s Department shall receive a double

portion of whatever meal (sack or meal) is being served at the time.

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G. Food Preparation

1. Method of Preparation:

a. The Contractor, in its response, is to propose staffing and resultant cost-per-

meal impact of utilizing the traditional cook and serve delivery. b. The Contractor may, in its response, also propose staffing and resultant cost-

per-meal impact of utilizing cook-chill delivery or some other delivery beyond the traditional cook and serve and cook-chill delivery.

c. The Contractor must also include equipment related costs for any delivery system other than the traditional cook and serve delivery.

d. Recipes, menu and productions schedules should all be designed to minimize the risk of spoilage and waste.

2. Recipes:

a. A file of tested mass cook and serve, and, if relevant, cook-chill or some

other recipes required for other delivery systems, production recipes adjusted to a yield appropriate to the size of the facilities must be utilized and maintained.

b. The Contractor must certify that it has such recipes, which have been tested and are readily available to it.

c. Recipes certified to match the proposed cycle menus will be required prior to final award.

3. Portioning:

a. All food portion sizes on the menu shall be the cooked weight or shall be

specifically identified as raw weight. b. Meat portions in casserole or combination dishes must be listed. c. Contents for all sack meals must be clearly indicated by item and weight. d. All portions must be listed on the menus submitted in the proposal response. e. Menus must also include the number and portion size of condiment package

and/or serving for each meal. f. The Contractor’s portioning and serving procedures must be written and

consistently executed so that each prisoner receives no less or more than the portions specified.

g. The Contractor must actively supervise portioning for all therapeutic/medical diets and religious meals.

4. Condiments:

a. Condiments such as pepper, catsup, mustard, relish, salad dressings, and

others must be in individual disposable packets/containers and served on each prisoner’s tray.

b. Condiments shall not be handled or distributed by housing unit prisoner

workers.

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5. Quality Assurance

a. The Contractor, within its proposal, must provide the SFSD with a

comprehensive quality assurance program and the planned frequency of use concerning the purchase, delivery, storage, preparation and delivery of food for all areas.

b. This program must address the day-to-day and meal-to-meal process of assuring the Sheriff that Contractor’s employees are employing proper food handling and facility and/or equipment sanitation practices.

c. There must also be a process whereby the food is periodically taste and temperature tested and all minimum portion standards are consistently maintained throughout the tray assembly process.

6. Production Control Techniques

a. If a computer driven food production management software system is to be

utilized for this program, it must be so noted. b. If such a system is used to produce recipes, it must clearly identify the total

amount of ingredients required so that the County can easily audit this portion of the production cycle.

c. A copy of the proposed computer program must be submitted within the proposal, if a computerized program is used.

7. No sulfites or additives are to be added on premises or included within any foods

served under this contract. 8. The Contractor shall adhere to food service industry practices, generally accepted

“Best”, as well as all State and County Health Department requirements.

H. Food Deliveries and Service

1. The movement of food and/or dirty tray carts and personnel within the complex and individual facilities must adhere to the rigid security guidelines established and periodically changed by the Custody Division command staff.

2. Use of Trays:

a. All hot meals are to be portioned and served on trays with lids. b. Food spills on trays must be cleaned up prior to transport and service. c. The Aladdin tray system is currently used and the Contractor will continue to

use this tray system or a comparable tray system.

3. Use of Carts:

a. The County will provide all carts used for transports of meals and beverages. b. The Contractor shall maintain the carts in a clean, safe and workable

condition.

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4. Food Temperature:

a. All chilled food should be served at no more than 40 degrees F. b. All hot food should be served at no less than 140 degrees F, but no more than

180 degrees F.

5. Meals Served Form. Subject to the Sheriff’s approval, the Contractor must develop and use a form which provides the following information on a per meal/day and per week basis:

a. The number of prisoners by housing unit b. The number of trays/prisoners served. c. Adjustments to include, but not be limited to, more prisoners being served

than ordered, trays sent back due to incorrect content, etc. d. The number of bag lunches ordered and delivered to the Intake Facility

(CJ#1), court holding, Alternative Programs, and any other non-jail facility.

6. Meal Transmittal/Evaluation Form. The Contractor shall develop and submit within its proposal an evaluation form for Sheriff’s staff to use with each meal.

a. The transmittal evaluation form is to include a meal quality assessment space

where the Watch Commander/Supervisor in charges is to evaluate the meal for such factors as appearance, taste, temperature, correct portion sizes, completeness of tray, adherence to menu and overall acceptance by the prisoners.

b. The transmittal evaluation form must provide space for the officer’s name, star number and signature.

c. These forms are to be maintained by the Contractor and must be readily accessible to the officer-in-charge as assigned by the Facility Commander for review at any reasonable time.

7. Food Delivery and Service Liability:

a. The Contractor will be held accountable for assuring that all trays and/or bag

lunches are properly prepared and correctly portioned when the trays and/or bag lunches leave the kitchen.

b. The Contractor will assume full fiscal responsibility for any damage incurred in the Sheriff’s facilities due to its employee’s negligent handling of carts and related equipment.

8. Date Codes

a. A date code system must be submitted within the proposal to date all bag

lunch meals to prevent consumption of dated and/or spoiled foods. b. All unused bag lunches that have been properly refrigerated must be

discarded after 48 hours. c. Those items packaged in sealed packages and unopened may be reissued.

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9. Delivery and Kitchen Security. The Contractor is to submit detailed descriptions of:

a. Selection criteria for all on-site Contractor staff that will have direct or

indirect contact with prisoner food service workers as well as prisoners assigned to the various housing units.

b. Policies and procedures specific to kitchen, serving line and meal transportation functions.

c. Methods to be used in assuring the Sheriff that the Contractor’s policies and procedures are consistently met.

d. Methods to be used in assuring the Sheriff that no Contractor personnel are engaged in passing contraband (weapons, drugs, tobacco and other related illegal items) to the prisoners.

e. Methods to be used in assuring the Sheriff that the Contractor personnel will not provide any inmate with access to a cell phone, or any other electronic device (including access to the regular “land line”, telephones within the jails).

f. Methods to prevent kitchen and serving line prisoners from gaining access to and possession of any food, supplies and kitchen equipment/utensils that are capable of being used as a weapon or made into an illegal substance.

g. The manner in which all sharp instruments and/or utensils (such as knives, forks, spatulas, peelers, etc.) will be issued, controlled while in use and accounted for prior to the end of the day or change in prisoner worker crews.

I. Equipment and Facilities

1. Preventative Maintenance a. The Contractor shall warrant that it will take all reasonable and prudent

measures necessary to assure the County that its equipment is being properly used and maintained.

b. The Contractor shall have direct responsibility for the care and maintenance of that equipment in the storage, receiving and kitchen areas.

c. The Contractor shall provide, at its expense, preventative maintenance and repair contracts on all equipment under its direct control.

d. The Contractor must submit a plan in its proposal as to how the preventative maintenance requirement will be met.

e. The Contractor must keep a separate record on maintenance and reports for each piece of equipment and must provide a written report and relevant documentation at least quarterly as to what preventative maintenance and/or repairs have been performed on each piece of equipment.

f. An annual report of all preventative maintenance and repair work performed must be submitted within thirty (30) days of the end of the contract year to the Facility Commander.

g. The County reserves the right to audit these records at any time and/or request quarterly written reports.

h. If the Contractor does not submit such a plan, the County will negotiate the appropriate preventative maintenance and repair contracts for all equipment with outside companies who have proven performance records and the costs of these maintenance and repair programs will be borne by the Contractor.

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2. County Maintenance Assistance

a. The County is responsible for bringing all utilities, including electrical, water, steam and gas to each kitchen, kitchen office, and kitchen storage areas including walk-in cold storage.

b. The County is responsible for repairing parts of the building located in the kitchen that require repair due to normal wear and tear, such as the drains, light fixtures, steam lines, pipes, conduit, etc.

c. The County is responsible for working with the Contractor to provide utilities to newly installed equipment. All items that are integral parts of new equipment shall be purchased by the entity providing the new equipment.

d. Prior to purchasing any new equipment that requires electrical, water, steam, gas or any other utility, the Contractor must consult with the County maintenance staff.

3. Inventory Procedures

a. The inventory of existing kitchen equipment is listed by facility in Exhibit 5. b. The Contractor and County shall jointly inventory all capital equipment and

County-owned equipment under the Contractor’s direct control at least semi-annually.

c. A general assessment as to the expected useful life of each item will be made during that inventory process.

d. The Contractor will be liable for the replacement cost for all unaccounted items.

4. Small Wares

a. The Contractor must purchase all replacement small wares and service wares necessary to meet the requirements contained in this RFP so as to efficiently serve the prisoner population.

b. The Contractor is responsible for the repair and/or the replacement of small wares and service wares.

c. All small wares purchased by the Contractor shall become the property of the County.

5. Vehicles

a. Any vehicle required by the Contractor in the execution of this contract shall be purchased, used and maintained at Contractor’s expense.

b. The Contractor must have in place an emergency plan for the temporary

replacement of one or more vehicles in the event of mechanical breakdowns. c. Currently, the County is not using a vehicle for the transportation of meals.

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J. Janitorial

1. The Contractor shall be responsible for preparing the trash from the kitchen area for disposal by Sheriff’s staff and prisoner workers.

2. The Contractor shall be responsible for keeping the area of the kitchen where the

garbage awaits disposal in a neat and sanitary condition at all times.

3. All garbage must be broken down or reduced in size so as to minimize the amount of space needed in the dumpster.

4. The Contractor shall participate in all County mandated recycling programs and shall

clean, crush, and/or break down recyclable materials as specified by the recycler.

5. The Contractor will be responsible for all day to day as well as periodic major cleaning of the entire kitchen area assigned to the Contractor including walk-ins, storerooms, freezers, dish room, kitchen, employee room, office, and receiving area. Prisoner labor may be used for this purpose and a staff person will be assigned to monitor prisoner conduct during major cleaning events.

6. The Contractor shall supply hand soap, eye wash stations, paper towels and toilet

tissue for all staff restrooms and hand washing sinks in the kitchen and food staging area.

7. The County will be responsible for the cost and implementation of a regular monthly

program for the extermination of rodents, vermin and other unsanitary vectors in the kitchen and warehouse and/or storage areas assigned to the Contractor.

K. Personnel and Supervision

1. The Contractor must comply with all San Francisco contract requirements, including equal employment opportunities, wages and benefits.

2. All Contractor’s employees and agents will comply with all Department rules and

regulations concerning conduct on Jail property and contact with inmates.

3. All Contractor employees will be subject to a background check and fingerprinting by the Sheriff’s Department. If the background check indicates a reason the employee is not suitable for admission to the Jails, the Contractor will be notified, and Jail access will be denied.

4. The Contractor must, at its expense, require that perspective employees submit to and

successfully pass a drug and alcohol screen.

5. The Contractor must submit job profiles and/or resumes for the individual(s) who will be considered for the Contractor’s position of San Francisco Sheriff’s Departments Food Service General Manager and for an assistant manager if applicable to the proposal.

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a. The Food Service General Manager must have at least five (5) years of

experience with similar type and size jail food service situations. b. An interview with any proposed manager will be required prior to the award

of the contract.

6. The County requests that it be notified prior to the transfer or removal of the manager and to approve the replacement.

7. The County reserves the right to reject any manager candidates with or without

cause.

8. The Contractor will submit in its proposal a training plan for employees including the following:

a. Length of training period b. Location of training c. Cost of training d. Initial training and on-going training and the amount of time dedicated to:

i. Food handling ii. Facility and equipment sanitation iii. Personal hygiene iv. Facility and equipment security v. Prisoner worker contact issues

9. The County will require Contractor employees to attend a training provided by Sheriff’s staff to explain all pertinent Sheriff’s Department rules and regulations.

10. The Contractor shall submit with its proposal the frequency and process used for

management and staff job evaluations.

11. The Contractor and its employees assigned to San Francisco Sheriff’s Department jail facilities will be required to comply with all Sheriff’s rules of conduct and dress concerning normal day-to-day operations.

12. The Contractor will be required to staff the food service operation with the optimum

number of employees at all times for the efficient operation of the jail facilities.

13. An experienced, trained management level person must be on duty whenever prisoner workers are present.

14. A staffing chart must be submitted with this proposal and must include:

a. A minimum of two (2) staff persons in the kitchen whenever prisoner workers are present.

b. At least one (1) cook must actively supervise the tray portioning line throughout the meal service and must also supervise the preparation and packaging of special diets.

c. Scheduled hours for each person by position.

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15. The County must approve any subsequent reductions in the total number of hours proposed for each location in writing.

16. If the Contractor fails to provide the minimum number of personnel specified within

the proposal for a period of two days or more, the Contractor shall issue credit on the next billing to the County in the amount of each missing persons’ proportional salary/wages and benefits for each day after the two days.

17. The Contractor must submit with its proposal a separate staffing chart showing the

number of prisoners required for each work component. 18. All Contractor employees, including management, must be properly attired in a

standard uniform the color of which must be approved by the County.

a. Prisoner workers must be properly attired when working in the kitchen and such clothing will be provided by the County.

b. Contractor employees must be easily discernible from the prisoner workers. c. Contractors are to encourage their employees to not wear their uniforms to

and/or from work. d. If the employee does wear a uniform to and/or from work, a cover jacket

must be worn.

19. The Contractor must adopt adequate safeguards to insure that all uniforms are regularly inventoried and stored in areas not accessible to prisoners.

20. The County may require the Contractor to immediately remove/transfer any of the

Contractor’s employees from the County premises for any reason sufficient to the County.

21. Any and all such removals will be made in the name of the Contractor and therefore

the Contractor will assume the responsibility for the removal.

22. The Contractor must notify the Division Commander, the Facility Commander and the Jail Clearance Officer in writing whenever an employee has been terminated, permanently transferred or newly hired.

23. The Contractor has the sole responsibility for returning to the County an employee’s

Jail Clearance card within twenty-four (24) hours of the employee’s final shift.

L. Staff Meals

1. The staff meal cost must include all necessary service items such as disposable plates, cups, napkins, disposable utensils, etc.

2. The Contractor must submit in its proposal a representative six (6) week staff menu

with portions. 3. The County reserves the right to decline the provision of staff meals.

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4. The Contractor will not be permitted to install vending machines in any area of any

jail.

M. Financial

1. Invoicing and Payment

a. The Contractor will be compensated monthly on a per meal basis. b. The Contractor is to submit to the Sheriff’s Office within five days from the

first of the month or accounting period end, a day-by-day statement for the previous month or accounting period with the number and classification of meals prepared and served to: i. Prisoners by jail facility (including special diets and/or religious meals) ii. Prisoners in the courts iii. Prisoner workers sack lunches iv. Sheriff’s staff meals by jail facility and watch v. Jail Health Service staff meals by jail facility and watch vi. Official guests of the Sheriff (prior authorization required)

c. Inmate workers, identified by the Sheriff’s Department, shall receive a double portion of whatever meal they are receiving (sack or meal).

d. The statement must show the number of persons reported to be in each category as printed on the daily population sheet and daily watch report from the supervisory staff at the jail facilities.

e. The County will not pay for unconsumed meals prepared in excess of the counts provided.

f. The County reserves the right to request that these reports be submitted weekly.

g It is a requirement of the City and County of San Francisco, that all contracted vendor’s participant in Automated Clearing House (ACH) enrollment for “electronic payments”.

2. Meal Count Reconciliation

a. The Contractor and the County will reconcile meal counts by month or accounting period.

b. In the event of any dispute regarding meal counts and subsequent charges, the County shall resolve any discrepancy by using the count of the actual number of meals received, unless it is exceeded by the number of meals ordered, in which event that number will prevail.

c. The meal count figures of the County shall prevail in any dispute.

3. The Contractor must comply, for accounting cycle purposes, with the County’s fiscal year of July 1 to June 30 and calendar month periods.

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N. Facility Security

1. All Contractor employees must enter the compound and buildings via the designated entrances and will be signed in and out of the compound and buildings.

2. All Contractor employees may be subject to pass through a metal detector upon entering or leaving any buildings with this device.

3. All Contractor employees, their belongings and their vehicles, if parked on the jail compound, are subject to search when in any jail facility, in any other buildings under the control of the Sheriff, and while on the jail compound.

4. All Contractor employees will wear the County Jail Clearance Card with their picture either clipped on to the outer most clothing in the upper left quadrant of the body or in a plastic pouch secured by a lanyard around the neck.

5. The Contractor and its employees shall be responsible for keeping closed and locked all internal doors in the assigned work area.

6. Locked Doors and Lost keys:

a. The Contractor and its employees shall be responsible for keeping closed and locked all internal doors in the assigned work area.

b. The Contractor and its employees must adhere to all security restrictions concerning secured areas imposed by the Facility Commander.

c. Any County owned keys entrusted to the Contractor or other keys necessary to open areas within the assigned work area shall be accounted for at all times.

d. Lost County owned keys resulting in the re-keying of or purchase of new locks will be the financial responsibility of the Contractor.

e. Anytime the Contractor becomes aware of any key or keys missing, the Contractor shall report this to the on duty Watch Commander immediately.

7. Employee and Prisoner Relationships

a. The Contractor must ascertain and notify the County in writing if any employee is related to, is or had a relationship with; any person confined as a prisoner in any of the County jail facilities.

b. Any evidence of a relationship being started between a Contractor employee and one or more prisoners must be reported immediately to the Facility Commander or other Command level staff.

c. No Contractor employee may supervise or have direct contact with or responsibility for a prisoner worker or the delivery of any food or food service to any prisoner with whom there is a family or personal relationship.

d. It is the Contractor’s responsibility to require its employees to alert the Contractor whenever a person who is a relative or personal acquaintance of that employee is admitted to the jail facility as a prisoner.

8. Sharp Equipment Inventory

a. The Contractor shall implement a check-out and check-in log procedure for all sharp utensils used in the assigned work area.

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b. The Contractor will provide and utilize a locked shadow board for the secure

storage and quick inventory of knives, meat forks, and other sharp or pointed utensils.

c. All sharp instruments shall be accounted for prior to the end of a prisoner worker shift.

d. The County reserves the right to enter the kitchen and inventory all such items at its discretion.

e. Any missing items shall be reported to the watch commander or officer-in-charge immediately.

9. Maintenance vendors shall be required to enter the building through the proper security channels and there will be no exception to this requirement.

10. In an emergency, the Sheriff’s staff takes supervisory precedence over the Contractor

employees.

11. Contractor staff shall not be permitted to park their vehicle by or in the vicinity of any jail facility kitchens.

O. Sanitation and Safety

1. Laws:

a. The Contractor shall obey all federal, state and local laws and ordinances regarding health, sanitation, fire and safety, including the California Uniform Retail Food Facilities Law.

b. The Contractor shall be subject to inspections in the kitchens by authorized personnel from the San Francisco Department of Public Health, the State/Local Fire Marshall, and the Board of Corrections.

c. The Contractor shall be responsible for ensuring that all inspections of the food service operation are successfully completed.

2. Food Handlers Cards and Medical Examinations:

a. The Contractor will provide medical examinations as required by law and appropriate records for each employee will be kept on file with the Facility Commander.

b. The Contractor will also include a current food handler’s card on file with the Facility Commander for all Contractor staff and management.

3. The Contractor shall require medical clearance for any employee to return to work after a three (3) day absence due to illness.

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4. Food Samples:

a. The Contractor shall save samples of all prepared foods for a period of not less than seventy-two (72) hours of its service for testing in the event of an outbreak of food poisoning.

b. Samples must be clearly marked as to the dates and times of the preparation, service and storage.

5. Emergency Situation Reports:

a. The Contractor will be responsible for immediately notifying the on-duty Watch Commander of any fires in the kitchens or staff dining rooms.

b. The Contractor will be responsible for immediately notifying the on-duty Watch Commander of any accidents in the kitchens involving Contractor personnel and/or prisoner workers assigned to food service duties.

c. The Contractor shall submit a written report to the Facility Commander detailing the facts of the emergency within 24 hours.

6. Employee and Prisoner Worker Physical Health:

a. The Contractor will not permit employees or assigned prisoner workers with communicable health problems (including open sores) to work.

b. Prisoner workers must pass the screening provided by Jail Health Services before being assigned to work in the kitchen.

c. As a precaution, the Contractor shall visually inspect the hands and face of each prisoner worker prior to the start of each prisoner worker shift.

d. Any prisoners with suspicious symptoms must be directed to report to Jail Health Services and receive a written clearance before being permitted to work again.

P. Culinary/Vocational Program for Prisoners

1. The County will provide a minimum of 20 prisoner workers at CJ#4 and a minimum of 20 workers at CJ#5 for participation in the Culinary/Vocation Program. Contractor shall provide with its proposal job descriptions for all prisoner workers. (Please note, if CJ#2 is opened because of an increase in the inmate population, then prison workers for the Culinary/Vocation Program would be provided for this site as well).

2. The Contractor shall provide with its proposal a formal outline and curriculum of a

comprehensive prisoner culinary/vocational/ServSafe training program in Food Preparation and Basic Cooking for adoption at all jail facilities with kitchens, in co-ordination with the San Francisco Sheriff’s Department and Five Keys Charter School Staff.

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3. The Contractor shall be required to work closely with the SFSD and Five Keys

Charter School Staff to meet State and Five Keys’ requirements to provide educational credits for the program.

4. The Contractor shall co-ordinate the implementation of this culinary/vocational

training programs with Five Keys Charter School’s academic calendar, in all jail facilities with kitchens within 60 days of being awarded the contract and shall maintain the program on a continual basis over the life of this contract.

5. The Contractor must also include post-release employment opportunities and

referrals to prisoners who participate in this culinary/vocational training program.

Q. Energy Conservation

1. When the kitchens are not in use or when food preparation is at a minimum, the Contractor will assume maximum utility and energy cost conservation by turning off or down lights, fans, water, ovens, steam equipment and other energy-consuming items.

2. The Contractor will be responsible for turning off all non-essential equipment when

the area is not in use.

3. The Contractor will be subject to a penalty of $500 for each energy conservation violation (see Section T.)

4. The Contractor shall also be liable for the deliberate and/or neglectful use of utilities

for all equipment and/or facilities under its direct control.

a. After receipt of two written warnings within a rolling twelve (12) month period, the Contractor will be subject to a penalty of $500 per day until such practices have been curtailed.

R. Assignment

1. The Contractor’s rights and obligations cannot be transferred or subcontracted without the written approval from the County.

2. The County by this agreement incurs no liability to third persons for payment of any

compensation provided herein to Contractor.

S. Rights of Inspection and Grievances

1. Inspections:

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a. The Sheriff, or his designated representatives, may, for security, sanitation, food standards, quality of food preparation and service, Contractor employee performance or any other valid reason, conduct unannounced inspections of the facilities used in the performance of the contract. Please note that the SFSD’s dietitian is included in this designation. Inspections may occur on weekdays, weekends, and holidays. If Contractor’s General Manager is not on-site at the time of SFSD representative’s unannounced arrival, then any other Contractor employee is expected to co-operate with this requirement.

b. After each inspection, the Contractor will be advised in writing of an unsatisfactory condition for which the Contractor is responsible.

c. The Contractor will promptly correct such deficiencies and communicate, in writing, within five (5) business days the solution to each problem, when it was corrected and what has been done to prevent recurrence of the problem.

d. The Contractor will be required to maintain sufficient records to establish a verifiable audit trail that the required number of meals have been properly prepared with the proper amount and type (per approved specifications) of ingredients and portioned for the number of prisoners present.

2. Grievances:

a. All food service complaints by prisoners and staff will be submitted in writing to the Facility Commander to be logged in, and then forwarded to the Contractor’s Manager. Contractor must fax copies of all of the current week’s grievances to the SFSD’s dietitian every Friday by 5:00 pm. SFSD’s dietitian will review and fax written comments and/or responses to Contractor Manager by Wednesday at 5:00 pm the following week. Contractor will review and include their statements and recommendations, which will then be forwarded to the Facility Commanders for admission to the formal log book. Written responses to the grievances must be received from the Contractor within seven business days from the date of receipt.

T. Penalties for Non or Partial Performance

1. If, after written complaints have been submitted to the Contractor by the County as provided for in Section S, Right of Inspection and Grievances, the County determines that one or more substantial contract violations continue to occur, the County shall have the right to require the Contractor to issue monthly or accounting period billing credits commensurate with the value lost plus fifty (50) percent of $5,000 whichever is greater.

2. Those violations considered substantial to the County are presented as follows:

a. The Contractor has failed to prepare all or portions of the meal using the specific recipe, ingredient amounts proportionate to the number of persons to be served, improper preparation and/or rethermalization procedures (for advance preparation and convenience items), improper storage techniques and other points directly related to adherence to serving the menu specified.

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b. The Contractor, through improper or inconsistent supervision, has failed to

provide the specified portions to the prisoners and/or the staff. c. The Contractor has failed to adhere to its minimum purchase specifications. d. The Contractor has willfully refused to utilize Federal Government Surplus

Commodities. e. The Contractor has, through circumstances within its control, caused all or

portions of a meal to become contaminated. f. The Contractor has, through circumstances within its control, failed to

maintain the kitchen, staff dining room (if applicable), food preparation and storage equipment and warehouse space and all preparation and service utensils in a clean, sanitary manner.

g. The Contractor has, through circumstances within its control, failed to prevent any damage to County property, buildings or equipment.

h. The Contractor fails to provide not less than two staff persons in the kitchen whenever prisoners are present. The specific intent of this clause is to assure the Sheriff that adequate Contractor staff is available to perform the tasks that will permit them to actively supervise prisoner workers (i.e., office or storeroom related tasks are not acceptable.)

3. The Contractor shall include in the proposal contingency plans to provide service in the face of unexpected events, i.e., power failure, fire, riot, lockdown, labor strikes, earthquakes, ice storms, terrorist attacks, or acts of God that would preclude normal operations or performance.

U. County Responsibilities

1. Facilities and Equipment:

a. The County will permit the Contractor to use the existing capital equipment, which the County deems necessary for food service and related activities.

b. Given proof of adequate maintenance (see Section I. 1, Preventative Maintenance) the County will replace equipment it has provided, as it deems necessary, considering the average life of the equipment as determined by the manufacturer as well as any extraordinary circumstance.

2. Utilities:

a. The County shall provide all utilities necessary for the performance of the food service operations.

b. The County shall not guarantee an uninterrupted supply of water, electricity, gas, heat, air-conditioning or phone service.

c. The County shall be diligent in restoring services following an interruption. d. The County will provide one phone line in each kitchen, without charge, for

local phone call usage only. e. The County will permit the Contractor, at its expense, to add additional

phone lines if the locations can support additional phone lines. f. The Contractor shall pay for on-going phone use of any lines it installs.

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g. The Contractor shall request, in writing, permission to add any additional

phone lines and must have written permission from the Facility Commander prior to adding any additional phone lines.

3. Meal Counts:

a. The County will, upon request, provide accurate meal counts by location and type, to be served to the prisoners.

b. This meal count will include prisoners who are in transit at the facility awaiting transportation, housing assignments or release who will receive sack meals.

c. The County shall provide the meal count for each housing unit.

4. The County will provide ingress and egress, subject to security requirements, for the Contractor’s employees.

5. The County will provide any office furnishings listed in the kitchen inventory by jail site in

Exhibit 5.

6. If the Contractor wants to provide its own furniture and/or equipment for the offices, such equipment must be inventoried and a copy of the inventory provided to the Custody Division Commander.

7. Contractor employees may use the same break room as County employees at that jail facility.

8. The Contractor must submit, within its proposal, a transition plan for assuming control of the

food service operations and such a plan must include:

a. Hiring and training of staff b. Completing the Jail Clearance process c. Medical screening of staff d. Purchasing necessary equipment items e. Conducting a complete inventory f. Any other factors necessary to assure there is no operational or security break

in the system during said transition.

9. The Contractor agrees to fully cooperate with any subsequent Contractor so as to insure a smooth transition.

10. In the event of any question or conflict, the County’s decision shall be binding on both

parties.

11. The Contractor will submit, in writing, within 15 days of the end of each fiscal quarter (September, December, March and June) to the Sheriff’s Chief Financial Officer and the Custody Division Commander, a report of food service activity to include, but not limited to, the following:

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a. Submit a complete accounting of actual meals served including hot meals, sack lunches, religious and medical diets and snacks.

b. Details of all preventative maintenance performed on each piece of equipment including type of service, date and name of firm that performed the service.

c. Details of all repairs performed on each piece of equipment, including who performed the work and whether or not it was under warranty.

d. Provide copies of all reports and records required to qualify for Federal Surplus Commodities.

e. Financial (profit and loss) reports detailing the operations of San Francisco County Sheriff’s Department’s food service on a monthly/accounting period, as well as quarterly and year-to-date summary basis. These statements must be the same as those produced by the Contractor in comparable management fee accounts.

f. Submit an assessment of the overall program strengths and weaknesses as well as recommendations for the improvement of food, service, cost control or other areas.

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III. Submission Requirements

A. Time and Place for Submission of Proposals Proposals must be received by 2:00 p.m., on Monday, April 2, 2012. Postmarks will not be considered in judging the timeliness of submissions. Proposals may be delivered in person and left with Marybeth Long or mailed to the following: Marybeth Long San Francisco Sheriff’s Department City Hall 1 Dr. Carlton B. Goodlett Place, Room 456 San Francisco, CA 94102-4676 Contractors shall submit six copies of the proposal. One copy shall be marked “Original” and the others marked “Copy”. Two copies of required HRC Forms, separately bound, are also to be submitted along with the proposals. Also, provide your Agency’s response to the fee proposal in a sealed, clearly marked envelope, and submit with your proposal packet, as described above. Please include one CD of the complete proposal. “Include “RFP #SHF2012-01, “Inmate Meal Service” on the outside of the delivery envelope, or box, as well as on the separate envelope for the HRC forms. Proposals that are submitted by fax will not be accepted. Late submissions will not be considered.

B. Format The department will place proposals in three-ring binders for the review panel. Please use three-

hole recycled paper, print double-sided to the maximum extent practical, and bind the proposal with a binder clip, rubber band, or single staple, or submit it in a three-ring binder. Please do not bind your proposal with a spiral binding, glued binding, or anything similar. You may use tabs or other separators within the document.

For word processing documents, the department prefers that text be unjustified (i.e., with a ragged-right margin) and use a serif font (e.g., Times Roman, and not Arial), and that pages have margins of at least 1” on all sides (excluding headers and footers).

The proposed services must be clearly explained including a detailed description of the tasks, equipment, and services that will be used to meet the proposal requirements. The reader of the proposal should have a clear understanding of each portion as well as the overall process. The proposal is to state any possible limitations that the Proposer may encounter. The use of acronyms, legal terms and industry jargon should be avoided.

C. Content The Proposers interested in responding to this RFP must submit the following information, in the

order specified below.

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1. Table of Contents (1 page) All pages of the proposal, including all enclosures, must be clearly and consecutively numbered, and correspond to the Table of Contents. 2. Introduction and Executive Summary (up to 2 pages) Submit a letter of introduction and executive summary of the proposal. The letter must be signed by a person authorized by your firm to obligate your firm to perform the commitments contained in the proposal. Submission of the letter will constitute a representation by your firm that your firm is willing and able to perform the commitments contained in the proposal. 3. Project Approach (up to 40 double spaced, double-sided pages) Describe the services and activities that your firm proposes to provide to the City. Include the following information:

a. Overall scope of work tasks; and b. Schedule and ability to complete the project within the City’s required time

frame; and c. Assignment of work within your firm’s work team.

4. Firm Qualifications (up to 8 pages) Provide information on your firm’s background and qualifications which addresses the following:

a. Name, address, and telephone number of a contact person; and b. A brief description of your firm, as well as how any joint venture or association

would be structured; and c. A description of not more than four projects similar in size and scope prepared by

your firm including client, reference and telephone numbers, staff members who worked on each project, budget, schedule and project summary. Descriptions should be limited to one page for each project. If joint consultants or subconsultants are proposed provide the above information for each.

5. Team Qualifications (up to 2 pages, per person) a. Provide a list identifying: (1) each key person on the project team, (2) the project

manager, (3) the role each will play in the project, and (4) a written assurance that the key individuals listed and identified will be performing the work and will not be substituted with other personnel or reassigned to another project without the City’s prior approval.

b. Provide a description of the experience and qualifications of the project team members, including brief resumes if necessary.

6. References (up to 4 pages) Proposers must supply a client list within their proposal which provides, per client, the following information: a) client name, b) a contact person, c) phone number, d) fax number, e) email address and f) number of daily meals served. Proposer’s list must include a minimum of one Title 15 experienced California client.

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A maximum of three clients, per Proposer, will be randomly picked by the RFP facilitator, Marybeth Long, and will be contacted and requested to respond to the APPENDIX E, Reference form. These responses will be evaluated by the panel and assigned points.

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7. FEE PROPOSAL (40 Possible Points) Please provide your Agency’s response to the following fee proposal. Place in a sealed, clearly marked envelope (including RFP#), and submit with your proposal.

The Contractor will be compensated monthly on a per meal basis. Per meal cost must include all necessary service items such as disposable plates, cups, napkins, disposable utensils, condiments, etc. The Sheriff agrees to a request for a price per meal cost adjustment after the first 24 months of the contract, provided that such request does not result in an annual projected cost increase in excess of the increase justified in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, San Francisco Area Away from Home Food, December 2014 Index. Lowest Meal Cost X Possible Point (20) Cost Being Evaluated

a. Per Meal Price , Inmate $ (20pts) b. Per Meal Price, Staff (to include side items) $ (20pts) *In the event Staff select just the following side items in lieu of a full Staff Meal, the items will be charged separately, and not as a full meal. Please provide pricing on the following side orders: c. Cold Cereal $ d. Milk (1% 1/2pt) $ e. Oatmeal Cup $ f. Soda $ g. Orange Juice/Fruit Punch $ h Assorted Chips $ i. Yogurt $ j. Cookies $ k. Salad $ 2. Hourly wage rates for Contractors **. The following submissions will not be used in the proposal evaluation. To ensure understanding of APPENDIX G, LABOR STANDARDS, please complete the following hourly pay rates for all Contractor employees performing work for the contract (cooks, servers, transporters,etc ) i. Per hour rate, Cook $ ii. Per hour rate, Server $ iii.Per hour rate, Transporters $ iv. Per hour rate, (fill in)__ $ v. Per hour rate, (fill in)___ $ vi. Per hour rate, (fill in)___ $

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IV. Evaluation and Selection Criteria A. Minimum Qualifications The successful bidder as a result of a contract with the San Francisco County Sheriff’s Department must meet the following objectives. Any proposal that does not demonstrate that the Contractor meets these minimum requirements by the deadline for submittal of proposals may be considered non-responsive and may not be eligible for award of the contract.

a. Contractor must provide a comprehensive culinary program, including ServSafe training and certification, for prisoners working in the jail kitchens and participating in jail educational programs. Contract must affirm this program will be coordinated through the jail education program (Five Keys Charter School) and/or Five Keys’ post-release program, and will include a job placement component.

b. Contractors proposal response must affirm the service and food quality offered will meet

established nutritional and health standards included in the California Code of Regulations Minimum Jail Standards; Title 15, and the American Correctional Association food service standards.

c. Contractor must have at least five (5) years of experience providing food service operations

in jails or prisons. d. Contractor must provide food service operations to at least one (1) jail or prison the size of

the City and County of San Francisco’s jail system. e. Contractor must currently manage and operate an Inmate Food Service with minimum annual

gross sales of $500,000. f. The Contractor’s proposal must state all staff provided by Contractor will be professionally

trained and familiar with correctional food service operations. g. Contractor must warrant the possession of all licenses and/or permits required by the laws

and regulations of the United States, the State of California, and the SFSD and County of San Francisco (“SFSD”) to provide inmate food services.

h. Contractor must provide assurances (such as an independent audit or yearly financial

statement) that they are in good financial condition, and must have a demonstrated organization capability to administer public funds.

i. Contractor must affirm all requested parts, equipment and service as requested in the RFP. j. Contractor must attend the Mandatory Pre-Proposal Conference and facilities tour.

B. Selection Criteria

The proposals will be evaluated by a selection committee comprised of parties with knowledge managing jail facilities and jail programs. The City intends to evaluate the proposals generally in accordance with the criteria itemized below.

The committee panel will convene and review all proposals received by the due date and time. Upon completion of the review, the panelists will assign points, as outlined below. The award will be made to the Contractor with the highest number of total points.

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The Sheriff’s Department intends to award this contract to the agency that they consider will provide the best overall inmate meal service. The Sheriff’s Department reserves the right to accept an offer from other than the Contractor with lowest meal fee proposal.

1. Project Approach (30 points possible) a. Understanding of the project requirements. 15pts b. Reasonableness of work schedule and

Contractor confirmation of the required tasks and services contained in the RFP. 15pts

2. Assigned Project Staff (15 points possible) c. Recent experience of staff assigned to the 5pts

project and a description of the tasks to be performed by each staff person; and

d. Professional qualifications and education; 5pts and

e. Workload, staff availability and accessibility. 5pts

3. Experience of Firm (15 points possible) f. Expertise of the firm in the fields necessary to

complete the tasks; and 3pts g. Quality of recently completed projects,

including adherence to schedules, deadlines 3pts and budgets; and

h. Experience with similar projects; and 3pts i. Results of reference checks responses. 6pts

(APPENDIX E) 4. Fee Proposal (40 points possible)

j. Per meal price (Inmate) 20pts k. Per meal price (Staff) 20pts

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V. Mandatory Pre-proposal conference/Jail Tour and Contract award

A. Mandatory Pre-Proposal Conference Contractors must attend a mandatory pre-proposal conference on Friday, March 16, 2012 at 9:30

am to begin at City Jail #2, 425 7th Street, San Francisco, Conference Room. Each Contractor may have no more than two representatives at the pre-proposal conference held at the beginning of the jail tour. Because of jail security, only one agency representative shall be allowed on the jail tour. This representative must provide a valid California or out of state Drivers License or state identification card prior to jail entry.

The conference will convene promptly at 9:30 am with an introduction and review of the RFP. This will be followed by a jail tour of County Jails #3 and #4 located at 850 Bryant Street (within walking distance of 425 7th Street). At the conclusion of the San Francisco jails tour, the tour will commence at the San Bruno jail facilities at #1 Moreland Drive, San Bruno. The Sheriff’s Department will not be providing transportation to or from the San Bruno jail facilities. It takes approximately 45 minutes to travel between jails. The approximate time to conduct the pre-proposal conference and jail tour is five hours, but the schedule is subject to change, as may be required due to facility operational needs. Any Contractor that has not attended the pre-proposal conference and jail tour will be considered non-responsive to the requirements of the RFP, and will not have their proposal evaluated. All questions regarding the RFP will be noted and answered via a Bid Addendum, which will be posted on the City’s website. If you have further questions regarding the RFP, please contact the individual designated in Section VI. Terms and Conditions for Receipt of Proposals, Part B: Inquiries Regarding RFP.

B. Contract Award The San Francisco Sheriff’s Department will select a Contractor with whom SFSD staff shall

commence contract negotiations. The selection of any proposal shall not imply acceptance by the City of all terms of the proposal, which may be subject to further negotiations and approvals before the City may be legally bound thereby. If a satisfactory contract cannot be negotiated in a reasonable time the SFSD, in its sole discretion, may terminate negotiations with the highest ranked Contractor and begin contract negotiations with the next highest ranked Contractor.

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VI. Terms and Conditions for Receipt of Proposals

A. Errors and Omissions in RFP Contractors are responsible for reviewing all portions of this RFP. Contractors are to promptly

notify the Department, in writing, if the Contractor discovers any ambiguity, discrepancy, omission, or other error in the RFP. Any such notification should be directed to the Department promptly after discovery, but in no event later than five working days prior to the date for receipt of proposals. Modifications and clarifications will be made by addenda as provided below.

B. Inquiries Regarding RFP Inquiries regarding the RFP and all oral notifications of an intent to request written modification

or clarification of the RFP, must be directed via email to: [email protected].

All questions and answers will be memorialized, and posted on the SFSD’s website: http://mission.sfgov.org/OCABidPublications/ This method ensures that Contractors have access to the information simultaneously. Note: All questions and answers from the mandatory pre-proposal conference will be handled in

the same manner. C. Objections to RFP Terms

Should a Contractor object on any ground to any provision or legal requirement set forth in this RFP, the Contractor must, not more than ten calendar days after the RFP is issued, provide written notice to the Department setting forth with specificity the grounds for the objection. The failure of a Contractor to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection.

D. Change Notices The Department may modify the RFP, prior to the proposal due date, by issuing Change Notices,

which will be posted on the website. The Contractor shall be responsible for ensuring that its proposal reflects any and all Change Notices issued by the Department prior to the proposal due date regardless of when the proposal is submitted. Therefore, the City recommends that the Contractor consult the website frequently, including shortly before the proposal due date, to determine if the Contractor has downloaded all Change Notices.

E. Term of Proposal Submission of a proposal signifies that the proposed services and prices are valid for 120 calendar

days from the proposal due date and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity.

F. Revision of Proposal A Contractor may revise a proposal on the Contractor’s own initiative at any time before the

deadline for submission of proposals. The Contractor must submit the revised proposal in the same manner as the original. A revised proposal must be received on or before the proposal due date.

In no case will a statement of intent to submit a revised proposal, or commencement of a revision process, extend the proposal due date for any Contractor.

P-590 (11-07) 32 of 38 February 27, 2012

mailto:[email protected]

http://mission.sfgov.org/OCABidPublications/


At any time during the proposal evaluation process, the Department may require a Contractor to

provide oral or written clarification of its proposal. The Department reserves the right to make an award without further clarifications of proposals received.

G. Errors and Omissions in Proposal Failure by the Department to object to an error, omission, or deviation in the proposal will in no

way modify the RFP or excuse the vendor from full compliance with the specifications of the RFP or any contract awarded pursuant to the RFP.

H. Financial Responsibility The City accepts no financial responsibility for any costs incurred by a firm in responding to this

RFP. Submissions of the RFP will become the property of the City and may be used by the City in any way deemed appropriate.

I. Contractor’s Obligations under the Campaign Reform Ordinance Contractors must comply with Section 1.126 of the S.F. Campaign and Governmental Conduct

Code, which states: No person who contracts with the City and County of San Francisco for the rendition of personal

services, for the furnishing of any material, supplies or equipment to the City, or for selling any land or building to the City, whenever such transaction would require approval by a City elective officer, or the board on which that City elective officer serves, shall make any contribution to such an officer, or candidates for such an office, or committee controlled by such officer or candidate at any time between commencement of negotiations and the later of either (1) the termination of negotiations for such contract, or (2) three months have elapsed from the date the contract is approved by the City elective officer or the board on which that City elective officer serves.

If a Contractor is negotiating for a contract that must be approved by an elected local officer or the board on which that officer serves, during the negotiation period the Contractor is prohibited from making contributions to:

• the officer’s re-election campaign • a candidate for that officer’s office • a committee controlled by the officer or candidate. The negotiation period begins with the first point of contact, either by telephone, in person, or in

writing, when a Contractor approaches any city officer or employee about a particular contract, or a city officer or employee initiates communication with a potential Contractor about a contract. The negotiation period ends when a contract is awarded or not awarded to the Contractor. Examples of initial contacts include: (1) a vendor contacts a city officer or employee to promote himself or herself as a candidate for a contract; and (2) a city officer or employee contacts a Contractor to propose that the Contractor apply for a contract. Inquiries for information about a particular contract, requests for documents relating to a Request for Proposal, and requests to be placed on a mailing list do not constitute negotiations.

Violation of Section 1.126 may result in the following criminal, civil, or administrative penalties: 1. Criminal. Any person who knowingly or willfully violates section 1.126 is subject to

a fine of up to $5,000 and a jail term of not more than six months, or both. 2. Civil. Any person who intentionally or negligently violates section 1.126 may be

held liable in a civil action brought by the civil prosecutor for an amount up to $5,000.

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3. Administrative. Any person who intentionally or negligently violates section 1.126

may be held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter for an amount up to $5,000 for each violation.

For further information, Contractors should contact the San Francisco Ethics Commission at (415) 581-2300.

J. Sunshine Ordinance In accordance with S.F. Administrative Code Section 67.24(e), Contractors’ bids, responses to

RFPs and all other records of communications between the City and persons or firms seeking contracts shall be open to inspection immediately after a contract has been awarded. Nothing in this provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefits until and unless that person or organization is awarded the contract or benefit. Information provided which is covered by this paragraph will be made available to the public upon request.

K. Public Access to Meetings and Records If a Contractor is a non-profit entity that receives a cumulative total per year of at least $250,000

in City funds or City-administered funds and is a non-profit organization as defined in Chapter 12L of the S.F. Administrative Code, the Contractor must comply with Chapter 12L. The Contractor must include in its proposal (1) a statement describing its efforts to comply with the Chapter 12L provisions regarding public access to Contractor’s meetings and records, and (2) a summary of all complaints concerning the Contractor’s compliance with Chapter 12L that were filed with the City in the last two years and deemed by the City to be substantiated. The summary shall also describe the disposition of each complaint. If no such complaints were filed, the Contractor shall include a statement to that effect. Failure to comply with the reporting requirements of Chapter 12L or material misrepresentation in Contractor’s Chapter 12L submissions shall be grounds for rejection of the proposal and/or termination of any subsequent Agreement reached on the basis of the proposal.

L. Reservations of Rights by the City The issuance of this RFP does not constitute an agreement by the City that any contract will

actually be entered into by the City. The City expressly reserves the right at any time to: 1. Waive or correct any defect or informality in any response, proposal, or proposal

procedure; 2. Reject any or all proposals; 3. Reissue a Request for Proposals; 4. Prior to submission deadline for proposals, modify all or any portion of the selection

procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the proposals;

5. Procure any materials, equipment or services specified in this RFP by any other means; or

6. Determine that no project will be pursued. M. No Waiver

No waiver by the City of any provision of this RFP shall be implied from any failure by the City to recognize or take action on account of any failure by a Contractor to observe any provision of this RFP.

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N. Local Business Enterprise Goals and Outreach

The requirements of the Local Business Enterprise and Non-Discrimination in Contracting Ordinance set forth in Chapter 14B of the San Francisco Administrative Code as it now exists or as it may be amended in the future (collectively the “LBE Ordinance”) shall apply to this RFP.

1. LBE Subconsultant Participation Goals The LBE subconsulting goal for this project has been waived.

2. Rating Bonus LBE Prime Consultant Participation The City strongly encourages proposals from qualified LBEs. Pursuant to Chapter 14B, the

following rating bonus will be in effect for the award of this project for any Consultant who is certified by HRC as a SBA-LBE. Certification applications may be obtained by calling HRC at (415) 252-2500. The rating bonus applies at each phase of the selection process. The application of the rating bonus is as follows:

a. A 2% rating bonus will apply to any proposal submitted by an SBA-LBE. 3. HRC Forms to be Submitted with Proposal

a. All proposals submitted must include the following Human Rights Commission (HRC) Forms contained in the HRC Attachment 2: 1) Form 2A- HRC Contract Participation Form, 2) Form 3 HRC Non-Discrimination Affidavit, 3) Form 4 – HRC Joint Venture Form (if applicable), and 4) Form 5 - HRC Employment Form. If these forms are not returned with the proposal, the proposal may be determined to be non-responsive and may be rejected.

b. Please submit only two copies of the above forms with your proposal. The forms should be placed in a separate, sealed envelope labeled HRC Forms.

If you have any questions concerning the HRC Forms, you may call the Human Rights Commission Contract Compliance, Amy McConnell, at 415 252-2513.

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VII. Contract Requirements

A. Standard Contract Provisions The successful Contractor will be required to enter into a contract substantially in the form of the

Agreement for Professional Services, attached hereto as Appendix C. Failure to timely execute the contract, or to furnish any and all insurance certificates and policy endorsement, surety bonds or other materials required in the contract, shall be deemed an abandonment of a contract offer. The City, in its sole discretion, may select another firm and may proceed against the original selectee for damages.

Contractors are urged to pay special attention to the requirements of Administrative Code Chapters 12B and 12C, Nondiscrimination in Contracts and Benefits, (§ 34. Nondiscrimination; Penalties, (in the Agreement); the Minimum Compensation Ordinance (§ 43. Requiring Minimum Compensation for Covered Employees in the Agreement); the Health Care Accountability Ordinance (§ 44. Requiring Health Benefits for Covered Employees in the Agreement; the First Source Hiring Program (§ 45. First Source Hiring Program in the Agreement); and applicable conflict of interest laws (§ 23. Conflict of Interest in the Agreement), as set forth in paragraphs B, C, D, E and F below.

B. Nondiscrimination in Contracts and Benefits The successful Contractor will be required to agree to comply fully with and be bound by the

provisions of Chapters 12B and 12C of the San Francisco Administrative Code. Generally, Chapter 12B prohibits the City and County of San Francisco from entering into contracts or leases with any entity that discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of employees. The Chapter 12C requires nondiscrimination in contracts in public accommodation. Additional information on Chapters 12B and 12C is available on the HRC’s website at www.sfhrc.org.

C. Minimum Compensation Ordinance (MCO)

The successful Contractor will be required to agree to comply fully with and be bound by the provisions of the Minimum Compensation Ordinance (MCO), as set forth in S.F. Administrative Code Chapter 12P. Generally, this Ordinance requires Contractors to provide employees covered by the Ordinance who do work funded under the contract with hourly gross compensation and paid and unpaid time off that meet certain minimum requirements. For the contractual requirements of the MCO, see § 43. Requiring Minimum Compensation for Covered Employees in the Agreement.

For the amount of hourly gross compensation currently required under the MCO, see www.sfgov.org/olse/mco. Note that this hourly rate may increase on January 1 of each year and that Contractors will be required to pay any such increases to covered employees during the term of the contract.

Additional information regarding the MCO is available on the web at www.sfgov.org/olse/mco. D. Health Care Accountability Ordinance (HCAO)

The successful Contractor will be required to agree to comply fully with and be bound by the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in S.F. Administrative Code Chapter 12Q. Contractors should consult the San Francisco Administrative

Code to determine their compliance obligations under this chapter. Additional information regarding the HCAO is available on the web at www.sfgov.org/olse/hcao.

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http://www.sfgov.org/olse/hcao


E. First Source Hiring Program (FSHP)

If the contract is for more than $50,000, then the First Source Hiring Program (Admin. Code Chapter 83) may apply. Generally, this ordinance requires Contractors to notify the First Source Hiring Program of available entry-level jobs and provide the Workforce Development System with the first opportunity to refer qualified individuals for employment.

Contractors should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter. Additional information regarding the FSHP is available on the web at www.sfgov.org/moed/fshp.htm and from the First Source Hiring Administrator, (415) 401-4960.

F. Conflicts of Interest The successful Contractor will be required to agree to comply fully with and be bound by the

applicable provisions of state and local laws related to conflicts of interest, including Section 15.103 of the City's Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California. The successful Contractor will be required to acknowledge that it is familiar with these laws; certify that it does not know of any facts that constitute a violation of said provisions; and agree to immediately notify the City if it becomes aware of any such fact during the term of the Agreement.

Individuals who will perform work for the City on behalf of the successful Contractor might be deemed consultants under state and local conflict of interest laws. If so, such individuals will be required to submit a Statement of Economic Interests, California Fair Political Practices Commission Form 700, to the City within ten calendar days of the City notifying the successful Contractor that the City has selected the Contractor. VIII. Protest Procedures

A. Protest of Non-Responsiveness Determination Within five working days of the City's issuance of a notice of non-responsiveness, any firm that

has submitted a proposal and believes that the City has incorrectly determined that its proposal is non-responsive may submit a written notice of protest. Such notice of protest must be received by the City on or before the fifth working day following the City's issuance of the notice of non-responsiveness. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Contractor, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest.

B. Protest of Contract Award Within five working days of the City's issuance of a notice of intent to award the contract, any

firm that has submitted a responsive proposal and believes that the City has incorrectly selected another Contractor for award may submit a written notice of protest. Such notice of protest must be received by the City on or before the fifth working day after the City's issuance of the notice of intent to award.

The notice of protest must include a written statement specifying in detail each and every one of

the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Contractor, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest.

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P-590 (11-07) 38 of 38 February 27, 2012

C. Delivery of Protests

All protests must be received by the due date. If a protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein. Protests should be transmitted by a means that will objectively establish the date the City received the protest. Protests or notice of protests made orally (e.g., by telephone) will not be considered. Protests must be delivered to: Marybeth Long San Francisco Sheriff’s Department City Hall 1 Dr. Carlton B. Goodlett Place, Room 456 San Francisco, CA 94102-4676


APPENDIX A

RFP REGISTRATION FORM

INMATE MEAL SERVICE RFP#SHF 2012-01

**IMPORTANT**

Upon receipt of the Request for Proposal (RFP) packet, please type or print clearly the information below and fax or email this form to the Sheriff’s Department. This information is required in order for you to receive any notices regarding the RFP. The San Francisco Sheriff’s Department (SFSD) is not responsible for providing notices regarding this RFP to any person or agency that did not complete and return this form. Please complete the following form and fax: Attn: Marybeth Long at 415-554-7050, or email to [email protected] -------------------------------------------------------------------------------------------------------------------- Date: _____________________________ Name of person/agency to which RFP information should be sent to: Name:_______________________________________________________________________ Title:________________________________________________________________________ Agency:______________________________________________________________________ E-mail: ______________________________________________________________________ Street address:________________________________________________________________ SFSD, State, Zip Code:___________________________________________________________ Telephone: ___________________________________________________________________ Fax:________________________________________________________________________ Thank you for your interest in providing services to the San Francisco Sheriff’s Department.

P-590 (11-07) B-1 February 27, 2012


Appendix B

Standard Forms

The requirements described in this Appendix are separate from those described in Appendix A. Before the City can award any contract to a Contractor, that Contractor must file three standard City forms (items 1-3 on the chart). Because many Contractors have already completed these forms, and because some informational forms are rarely revised, the City has not included them in the RFP package. Instead, this Appendix describes the forms, where to find them on the Internet (see bottom of page 2), and where to file them. If a Contractor cannot get the documents off the Internet, the Contractor should call (415) 554-6248 or e-mail Purchasing ([email protected]) and Purchasing will fax, mail or e-mail them to the Contractor. If a Contractor has already filled out items 1-3 (see note under item 3) on the chart, the Contractor should not do so again unless the Contractor’s answers have changed. To find out whether these forms have been submitted, the Contractor should call Vendor File Support in the Controller’s Office at (415) 554-6702. If a Contractor would like to apply to be certified as a local business enterprise, it must submit item 4. To find out about item 4 and certification, the Contractor should call Human Rights Commission at (415) 252-2500. Item Form name and

Internet location Form Description Return the form to;

For more info 1. Request for Taxpayer

Identification Number and Certification http://www.sfgov.org/site/oca_page.asp?id=26550 www.irs.gov/pub/irs-fill/fw9.pdf

W-9 The City needs the Contractor’s taxpayer ID number on this form. If a Contractor has already done business with the City, this form is not necessary because the City already has the number.

Controller’s Office Vendor File Support City Hall, Room 484 San Francisco, CA 94102 (415) 554-6702

2. Business Tax

Declaration http://www.sfgov.org/site/oca_page.asp?id=26550

P-25 All Contractors must sign this form to determine if they must register with the Tax Collector, even if not located in San Francisco. All businesses that qualify as “conducting business in San Francisco” must register with the Tax Collector

Controller’s Office Vendor File Support City Hall, Room 484 San Francisco, CA 94102 (415) 554-6702

3. S.F. Administrative

Code Chapters 12B & 12C Declaration: Nondiscrimination in

HRC-12B-101

Contractors tell the City if their personnel policies meet the City’s requirements for nondiscrimination against

Human Rights Comm. 25 Van Ness, #800 San Francisco,

P-590 (11-07) B-2 February 27, 2012


P-590 (11-07) B-3 February 27, 2012

Item Form name and Internet location

Form Description Return the form to; For more info

Contracts and Benefits http://www.sfgov.org/site/sfhumanrights_index.asp?id=4584 In Vendor Profile Application

protected classes of people, and in the provision of benefits between employees with spouses and employees with domestic partners. Form submission is not complete if it does not include the additional documentation asked for on the form. Other forms may be required, depending on the answers on this form. Contract-by-Contract Compliance status vendors must fill out an additional form for each contract.

CA 94102-6059 (415) 252-2500

4. HRC LBE

Certification Application http://www.sfgov.org/site/sfhumanrights_page.asp?id=45141 In Vendor Profile Application

Local businesses complete this form to be certified by HRC as LBEs. Certified LBEs receive a bid discount pursuant to Chapter 14B when bidding on City contracts. To receive the bid discount, you must be certified by HRC by the proposal due date.

Human Rights Comm. 25 Van Ness, #800 San Francisco, CA 94102-6059 (415) 252-2500

Where the forms are on the Internet Office of Contract Administration

Homepage: www.sfgov.org/oca/ Purchasing forms: Click on “Required Vendor Forms” under the “Information for

Vendors and Contractors” banner. Human Rights Commission

HRC’s homepage: www.sfhrc.org Equal Benefits forms: Click on “Forms” under the “Equal Benefits” banner near the

bottom. LBE certification form: Click on “Forms” under the “LBE” banner near the bottom


APPENDIX C

City and County of San Francisco Office of Contract Administration

Purchasing Division City Hall, Room 430

1 Dr. Carlton B. Goodlett Place San Francisco, California 94102-4685

Agreement between the City and County of San Francisco and

[insert name of contractor] This Agreement is made this [insert day] day of [insert month], 20 [insert year], in the City and County of San Francisco, State of California, by and between: [insert name and address of contractor], hereinafter referred to as “Contractor,” and the City and County of San Francisco, a municipal corporation, hereinafter referred to as “City,” acting by and through its Director of the Office of Contract Administration or the Director’s designated agent, hereinafter referred to as “Purchasing.”

Recitals WHEREAS, the [insert name of department] (“Department”) wishes to [insert short description WHEREAS, a Request for Proposal (“RFP”) was issued on [insert date], and City selected Contractor as the highest qualified scorer pursuant to the RFP; and WHEREAS, Contractor represents and warrants that it is qualified to perform the services required by City as set forth under this Contract; and, WHEREAS, approval for this Agreement was obtained when the Civil Service Commission approved Contract number [insert PSC number] on [insert date of Civil Service Commission action]; Now, THEREFORE, the parties agree as follows: 1. Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation. This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement.

THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT. P-500 (5-10) 1 of 27 [tweak as necessary] [agreement date]


APPENDIX C 2. Term of the Agreement. Subject to Section 1, the term of this Agreement shall be from [insert beginning date] to [insert termination date].

3. Effective Date of Agreement. This Agreement shall become effective when the Controller has certified to the availability of funds and Contractor has been notified in writing.

4. Services Contractor Agrees to Perform. The Contractor agrees to perform the services provided for in Appendix A, “Description of Services,” attached hereto and incorporated by reference as though fully set forth herein.

5. Compensation. Compensation shall be made in monthly payments on or before the [insert day] day of each month for work, as set forth in Section 4 of this Agreement, that the [insert title of department head], in his or her sole discretion, concludes has been performed as of the [insert day] day of the immediately preceding month. In no event shall the amount of this Agreement exceed [insert whole dollar amount in numbers and words -- no pennies and no “.00”]. The breakdown of costs associated with this Agreement appears in Appendix B, “Calculation of Charges,” attached hereto and incorporated by reference as though fully set forth herein. No charges shall be incurred under this Agreement nor shall any payments become due to Contractor until reports, services, or both, required under this Agreement are received from Contractor and approved by [insert name of department] as being in accordance with this Agreement. City may withhold payment to Contractor in any instance in which Contractor has failed or refused to satisfy any material obligation provided for under this Agreement. In no event shall City be liable for interest or late charges for any late payments.

If the contract will involve the use of subcontracts, then include the following paragraph:

The Controller is not authorized to pay invoices submitted by Contractor prior to Contractor’s submission of HRC Progress Payment Form If Progress Payment Form is not submitted with Contractor’s invoice, the Controller will notify the department, the Director of HRC and Contractor of the omission. If Contractor’s failure to provide HRC Progress Payment Form is not explained to the Controller’s satisfaction, the Controller will withhold 20% of the payment due pursuant to that invoice until HRC Progress Payment Form is provided. Following City’s payment of an invoice, Contractor has ten days to file an affidavit using HRC Payment Affidavit verifying that all subcontractors have been paid and specifying the amount. 6. Guaranteed Maximum Costs. The City’s obligation hereunder shall not at any time exceed the amount certified by the Controller for the purpose and period stated in such certification. Except as may be provided by laws governing emergency procedures, officers and employees of the City are not authorized to request, and the City is not required to reimburse the Contractor for, Commodities or Services beyond the agreed upon contract scope unless the changed scope is authorized by amendment and approved as required by law. Officers and employees of the City are not authorized to offer or promise, nor is the City required to honor, any offered or promised additional funding in excess of the maximum amount of funding for which the contract is certified without certification of the additional amount by the Controller. The Controller is not authorized to make payments on any contract for which funds have not been certified as available in the budget or by supplemental appropriation.

7. Payment; Invoice Format. Invoices furnished by Contractor under this Agreement must be in a form acceptable to the Controller, and must include a unique invoice number. All

P-500 (5-10) 2 of 27 [tweak as necessary] [agreement date]


APPENDIX C amounts paid by City to Contractor shall be subject to audit by City. Payment shall be made by City to Contractor at the address specified in the section entitled “Notices to the Parties.”

8. Submitting False Claims; Monetary Penalties. Pursuant to San Francisco Administrative Code §21.35, any contractor, subcontractor or consultant who submits a false claim shall be liable to the City for the statutory penalties set forth in that section. The text of Section 21.35, along with the entire San Francisco Administrative Code is available on the web at http://www.municode.com/Library/clientCodePage.aspx?clientID=4201. A contractor, subcontractor or consultant will be deemed to have submitted a false claim to the City if the contractor, subcontractor or consultant: (a) knowingly presents or causes to be presented to an officer or employee of the City a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the City; (c) conspires to defraud the City by getting a false claim allowed or paid by the City; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the City; or (e) is a beneficiary of an inadvertent submission of a false claim to the City, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the City within a reasonable time after discovery of the false claim.

Section 9 is required only if the contract involves state or federal funds. If no state or federal funds are involved, then leave the section number and replace the title and text of the section with the indicated language, so that the result reads: “9. Left blank by agreement of the parties. (Disallowance)” 9. Disallowance. If Contractor claims or receives payment from City for a service, reimbursement for which is later disallowed by the State of California or United States Government, Contractor shall promptly refund the disallowed amount to City upon City’s request. At its option, City may offset the amount disallowed from any payment due or to become due to Contractor under this Agreement or any other Agreement. By executing this Agreement, Contractor certifies that Contractor is not suspended, debarred or otherwise excluded from participation in federal assistance programs. Contractor acknowledges that this certification of eligibility to receive federal funds is a material terms of the Agreement.

10. Taxes a. Payment of any taxes, including possessory interest taxes and California sales and

use taxes, levied upon or as a result of this Agreement, or the services delivered pursuant hereto, shall be the obligation of Contractor.

b. Contractor recognizes and understands that this Agreement may create a “possessory interest” for property tax purposes. Generally, such a possessory interest is not created unless the Agreement entitles the Contractor to possession, occupancy, or use of City property for private gain. If such a possessory interest is created, then the following shall apply:

1) Contractor, on behalf of itself and any permitted successors and assigns, recognizes and understands that Contractor, and any permitted successors and assigns, may be subject to real property tax assessments on the possessory interest;

2) Contractor, on behalf of itself and any permitted successors and assigns, recognizes and understands that the creation, extension, renewal, or assignment of this Agreement may result in a “change in ownership” for purposes of real property taxes, and P-500 (5-10) 3 of 27 [tweak as necessary] [agreement date]


APPENDIX C therefore may result in a revaluation of any possessory interest created by this Agreement. Contractor accordingly agrees on behalf of itself and its permitted successors and assigns to report on behalf of the City to the County Assessor the information required by Revenue and Taxation Code section 480.5, as amended from time to time, and any successor provision.

3) Contractor, on behalf of itself and any permitted successors and assigns, recognizes and understands that other events also may cause a change of ownership of the possessory interest and result in the revaluation of the possessory interest. (see, e.g., Rev. & Tax. Code section 64, as amended from time to time). Contractor accordingly agrees on behalf of itself and its permitted successors and assigns to report any change in ownership to the County Assessor, the State Board of Equalization or other public agency as required by law.

4) Contractor further agrees to provide such other information as may be requested by the City to enable the City to comply with any reporting requirements for possessory interests that are imposed by applicable law.

11. Payment Does Not Imply Acceptance of Work. The granting of any payment by City, or the receipt thereof by Contractor, shall in no way lessen the liability of Contractor to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work, equipment or materials may not have been apparent or detected at the time such payment was made. Materials, equipment, components, or workmanship that do not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Contractor without delay.

12. Qualified Personnel. Work under this Agreement shall be performed only by competent personnel under the supervision of and in the employment of Contractor. Contractor will comply with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, must be supervised by Contractor. Contractor shall commit adequate resources to complete the project within the project schedule specified in this Agreement.

This applies to Sec. 13. The City may be liable+ for monetary penalties under the Occupational Safety and Health Act (OSHA). Under certain circumstances, the City may be cited for injuries to Contractor’s employees working for City. The Department should check with the City Attorney’s office to help delineate the responsibility for safety of the workplace according to the particulars of this contract.

13. Responsibility for Equipment. City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City.

14. Independent Contractor; Payment of Taxes and Other Expenses

a. Independent Contractor. Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor or any agent or employee of Contractor shall not have employee status with City, nor be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health or other benefits that City may offer its employees. Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, P-500 (5-10) 4 of 27 [tweak as necessary] [agreement date]


APPENDIX C its employees and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor’s performing services and work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Contractor or any agent or employee of Contractor. Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of Contractor’s work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Contractor performs work under this Agreement.

b. Payment of Taxes and Other Expenses. Should City, in its discretion, or a relevant taxing authority such as the Internal Revenue Service or the State Employment Development Division, or both, determine that Contractor is an employee for purposes of collection of any employment taxes, the amounts payable under this Agreement shall be reduced by amounts equal to both the employee and employer portions of the tax due (and offsetting any credits for amounts already paid by Contractor which can be applied against this liability). City shall then forward those amounts to the relevant taxing authority. Should a relevant taxing authority determine a liability for past services performed by Contractor for City, upon notification of such fact by City, Contractor shall promptly remit such amount due or arrange with City to have the amount due withheld from future payments to Contractor under this Agreement (again, offsetting any amounts already paid by Contractor which can be applied as a credit against such liability). A determination of employment status pursuant to the preceding two paragraphs shall be solely for the purposes of the particular tax in question, and for all other purposes of this Agreement, Contractor shall not be considered an employee of City. Notwithstanding the foregoing, should any court, arbitrator, or administrative authority determine that Contractor is an employee for any other purpose, then Contractor agrees to a reduction in City’s financial liability so that City’s total expenses under this Agreement are not greater than they would have been had the court, arbitrator, or administrative authority determined that Contractor was not an employee.

15. Insurance a. Without in any way limiting Contractor’s liability pursuant to the

“Indemnification” section of this Agreement, Contractor must maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages:

The following types and amounts of insurance are those most commonly required in City contracts, but departments should tailor the types and amounts of insurance to the particular risks of each contractor’s services. For example, if the contractor would deliver fuel, transport hazardous waste, or operate aircraft, higher policy limits would be necessary. Please contact the City’s Risk Manager with specific questions, and do this early in the contracting process, such as before a bid or RFP is made public. Any reductions below these coverages require the approval of the City’s Risk Manager. It is important to avoid unnecessarily high insurance requirements, which could be a barrier to small businesses and LBEs doing business with the City.



APPENDIX C 1) Workers’ Compensation, in statutory amounts, with Employers’ Liability

Limits not less than $1,000,000 each accident, injury, or illness; and

2) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and

3) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable.

Contractors that must be State-licensed as professionals to perform services, i.e., architects, engineers, certified public accountants, etc., shall provide professional liability insurance, also known as errors-and-omissions coverage. If the contractor is such a professional, then include (4). If the contractor is not such a professional, then omit (4).

4) Professional liability insurance, applicable to Contractor’s profession, with limits not less than $1,000,000 each claim with respect to negligent acts, errors or omissions in connection with professional services to be provided under this Agreement.

b. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:

1) Name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees.

2) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.

c. Regarding Workers’ Compensation, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

d. All policies shall provide thirty days’ advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason. Notices shall be sent to the City address in the “Notices to the Parties” section.

e. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the contract term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.

f. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.



APPENDIX C g. Should any required insurance lapse during the term of this Agreement, requests

for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance.

h. Before commencing any operations under this Agreement, Contractor shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.

i. Approval of the insurance by City shall not relieve or decrease the liability of Contractor hereunder.

The following subparagraph j. is optional. For example, if the Contractor is going to use a subcontractor to perform the job under the Agreement, then include subparagraph i. in the Agreement.

j. If a subcontractor will be used to complete any portion of this agreement, the Contractor shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Francisco, its officers, agents and employees and the Contractor listed as additional insureds.

Do not insert subparagraph k. until after a waiver has been granted by the Risk Manager.

k. Any of the terms of conditions of this Section 15 may be waived by the City’s Risk Manager in writing, and attached to this Agreement as Appendix C. Such waiver is fully incorporated herein. The waiver shall waive only the requirements that are expressly identified and waived, and under such terms and conditions as stated in the waiver.

This applies to Sec. 16. If the Contractor is NOT a design professional (an architect, a landscape architect, or an engineer), then use the first version of Section 16 (which has no subsections) and delete the second version (which has subsections a., b. and c). 16. Indemnification. Contractor shall indemnify and save harmless City and its officers, agents and employees from, and, if requested, shall defend them against any and all loss, cost, damage, injury, liability, and claims thereof for injury to or death of a person, including employees of Contractor or loss of or damage to property, arising directly or indirectly from Contractor’s performance of this Agreement, including, but not limited to, Contractor’s use of facilities or equipment provided by City or others, regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on City, except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Agreement, and except where such loss, damage, injury, liability or claim is the result of the active negligence or willful misconduct of City and is not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on Contractor, its subcontractors or either’s agent or employee. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and City’s costs of investigating any claims against the City. In addition to Contractor’s obligation to indemnify City, Contractor specifically acknowledges and agrees that P-500 (5-10) 7 of 27 [tweak as necessary] [agreement date]


APPENDIX C it has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to Contractor by City and continues at all times thereafter. Contractor shall indemnify and hold City harmless from all loss and liability, including attorneys’ fees, court costs and all other litigation expenses for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by City, or any of its officers or agents, of articles or services to be supplied in the performance of this Agreement.

If the Contractor IS a design professional (an architect, a landscape architect, or an engineer), then use the following version of Section 16 (which has subsections a., b. and c.) and delete the preceding version. 16. Indemnification

a. General. To the fullest extent permitted by law, Contractor shall assume the defense of (with legal counsel subject to approval of the City), indemnify and save harmless the City, its boards, commissions, officers, and employees (collectively "Indemnitees"), from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of the Contractor or its subconsultants), expense and liability of every kind, nature, and description (including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, fees of expert consultants or witnesses in litigation, and costs of investigation), that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of the Contractor, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively, "Liabilities").

b. Limitations. No insurance policy covering the Contractor's performance under this Agreement shall operate to limit the Contractor's Liabilities under this provision. Nor shall the amount of insurance coverage operate to limit the extent of such Liabilities. The Contractor assumes no liability whatsoever for the sole negligence, active negligence, or willful misconduct of any Indemnitee or the contractors of any Indemnitee.

c. Copyright infringement. Contractor shall also indemnify, defend and hold harmless all Indemnitees from all suits or claims for infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark, or any other proprietary right of any person or persons in consequence of the use by the City, or any of its boards, commissions, officers, or employees of articles or services to be supplied in the performance of Contractor's services under this Agreement. Infringement of patent rights, copyrights, or other proprietary rights in the performance of this Agreement, if not the basis for indemnification under the law, shall nevertheless be considered a material breach of contract.

17. Incidental and Consequential Damages. Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that City may have under applicable law.



APPENDIX C 18. Liability of City. CITY’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION PROVIDED FOR IN SECTION 5 OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT.

Section 19 is optional: it may be deleted if there are no time-sensitive milestones for the contractor’s performance, or if the department concludes that liquidated damages are not required under the particular circumstances of the contract. If this section is deleted, please leave the section number and replace the title and text with the indicated language, so that the result reads: “19. Left blank by agreement of the parties. (Liquidated damages)” If this section is left in, then fill in the liquidated damages amount and make sure Appendix A includes measurable standards for the imposition of liquidated damages. 19. Liquidated Damages. By entering into this Agreement, Contractor agrees that in the event the Services, as provided under Section 4 herein, are delayed beyond the scheduled milestones and timelines as provided in Appendix A, City will suffer actual damages that will be impractical or extremely difficult to determine; further, Contractor agrees that the sum of [insert whole dollar amount in words and numbers -- no pennies and no “.00”] per day for each day of delay beyond scheduled milestones and timelines is not a penalty, but is a reasonable estimate of the loss that City will incur based on the delay, established in light of the circumstances existing at the time this contract was awarded. City may deduct a sum representing the liquidated damages from any money due to Contractor. Such deductions shall not be considered a penalty, but rather agreed monetary damages sustained by City because of Contractor’s failure to deliver to City within the time fixed or such extensions of time permitted in writing by Purchasing.

20. Default; Remedies

a. Each of the following shall constitute an event of default (“Event of Default”) under this Agreement:

1) Contractor fails or refuses to perform or observe any term, covenant or condition contained in any of the following Sections of this Agreement:

8. Submitting False Claims; Monetary Penalties.

37. Drug-free workplace policy

10. Taxes 53. Compliance with laws 15. Insurance 55. Supervision of minors 24. Proprietary or confidential information of

City 57. Protection of private information

30. Assignment 58. Graffiti removal



APPENDIX C 2) Contractor fails or refuses to perform or observe any other term, covenant

or condition contained in this Agreement, and such default continues for a period of ten days after written notice thereof from City to Contractor.

3) Contractor (a) is generally not paying its debts as they become due, (b) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (c) makes an assignment for the benefit of its creditors, (d) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Contractor or of any substantial part of Contractor’s property or (e) takes action for the purpose of any of the foregoing.

4) A court or government authority enters an order (a) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Contractor or with respect to any substantial part of Contractor’s property, (b) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction or (c) ordering the dissolution, winding-up or liquidation of Contractor.

b. On and after any Event of Default, City shall have the right to exercise its legal and equitable remedies, including, without limitation, the right to terminate this Agreement or to seek specific performance of all or any part of this Agreement. In addition, City shall have the right (but no obligation) to cure (or cause to be cured) on behalf of Contractor any Event of Default; Contractor shall pay to City on demand all costs and expenses incurred by City in effecting such cure, with interest thereon from the date of incurrence at the maximum rate then permitted by law. City shall have the right to offset from any amounts due to Contractor under this Agreement or any other agreement between City and Contractor all damages, losses, costs or expenses incurred by City as a result of such Event of Default and any liquidated damages due from Contractor pursuant to the terms of this Agreement or any other agreement.

c. All remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The exercise of any remedy shall not preclude or in any way be deemed to waive any other remedy.

21. Termination for Convenience

a. City shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving Contractor written notice of termination. The notice shall specify the date on which termination shall become effective.

b. Upon receipt of the notice, Contractor shall commence and perform, with diligence, all actions necessary on the part of Contractor to effect the termination of this Agreement on the date specified by City and to minimize the liability of Contractor and City to third parties as a result of termination. All such actions shall be subject to the prior approval of City. Such actions shall include, without limitation:



APPENDIX C 1) Halting the performance of all services and other work under this

Agreement on the date(s) and in the manner specified by City.

2) Not placing any further orders or subcontracts for materials, services, equipment or other items.

3) Terminating all existing orders and subcontracts.

4) At City’s direction, assigning to City any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, City shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.

5) Subject to City’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts.

6) Completing performance of any services or work that City designates to be completed prior to the date of termination specified by City.

7) Taking such action as may be necessary, or as the City may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which City has or may acquire an interest.

c. Within 30 days after the specified termination date, Contractor shall submit to City an invoice, which shall set forth each of the following as a separate line item:

1) The reasonable cost to Contractor, without profit, for all services and other work City directed Contractor to perform prior to the specified termination date, for which services or work City has not already tendered payment. Reasonable costs may include a reasonable allowance for actual overhead, not to exceed a total of 10% of Contractor’s direct costs for services or other work. Any overhead allowance shall be separately itemized. Contractor may also recover the reasonable cost of preparing the invoice.

2) A reasonable allowance for profit on the cost of the services and other work described in the immediately preceding subsection (1), provided that Contractor can establish, to the satisfaction of City, that Contractor would have made a profit had all services and other work under this Agreement been completed, and provided further, that the profit allowed shall in no event exceed 5% of such cost.

3) The reasonable cost to Contractor of handling material or equipment returned to the vendor, delivered to the City or otherwise disposed of as directed by the City.

4) A deduction for the cost of materials to be retained by Contractor, amounts realized from the sale of materials and not otherwise recovered by or credited to City, and any other appropriate credits to City against the cost of the services or other work.

d. In no event shall City be liable for costs incurred by Contractor or any of its subcontractors after the termination date specified by City, except for those costs specifically enumerated and described in the immediately preceding subsection (c). Such non-recoverable costs include, but are not limited to, anticipated profits on this Agreement, post-termination employee salaries, post-termination administrative expenses, post-termination overhead or unabsorbed overhead, attorneys’ fees or other costs relating to the prosecution of a claim or



APPENDIX C lawsuit, prejudgment interest, or any other expense which is not reasonable or authorized under such subsection (c).

e. In arriving at the amount due to Contractor under this Section, City may deduct: (1) all payments previously made by City for work or other services covered by Contractor’s final invoice; (2) any claim which City may have against Contractor in connection with this Agreement; (3) any invoiced costs or expenses excluded pursuant to the immediately preceding subsection (d); and (4) in instances in which, in the opinion of the City, the cost of any service or other work performed under this Agreement is excessively high due to costs incurred to remedy or replace defective or rejected services or other work, the difference between the invoiced amount and City’s estimate of the reasonable cost of performing the invoiced services or other work in compliance with the requirements of this Agreement.

f. City’s payment obligation under this Section shall survive termination of this Agreement.

22. Rights and Duties upon Termination or Expiration This Section and the following Sections of this Agreement shall survive termination or expiration of this Agreement: 8. Submitting false claims 24. Proprietary or confidential

information of City 9. Disallowance 26. Ownership of Results 10. Taxes 27. Works for Hire 11. Payment does not imply acceptance of

work 28. Audit and Inspection of Records

13. Responsibility for equipment 48. Modification of Agreement. 14. Independent Contractor; Payment of

Taxes and Other Expenses 49. Administrative Remedy for

Agreement Interpretation. 15. Insurance 50. Agreement Made in California;

Venue 16. Indemnification 51. Construction 17. Incidental and Consequential Damages 52. Entire Agreement 18. Liability of City 56. Severability 57. Protection of private information

Subject to the immediately preceding sentence, upon termination of this Agreement prior to expiration of the term specified in Section 2, this Agreement shall terminate and be of no further force or effect. Contractor shall transfer title to City, and deliver in the manner, at the times, and to the extent, if any, directed by City, any work in progress, completed work, supplies, equipment, and other materials produced as a part of, or acquired in connection with the performance of this Agreement, and any completed or partially completed work which, if this Agreement had been completed, would have been required to be furnished to City. This subsection shall survive termination of this Agreement.

23. Conflict of Interest. Through its execution of this Agreement, Contractor acknowledges that it is familiar with the provision of Section 15.103 of the City’s Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will



APPENDIX C immediately notify the City if it becomes aware of any such fact during the term of this Agreement.

24. Proprietary or Confidential Information of City. Contractor understands and agrees that, in the performance of the work or services under this Agreement or in contemplation thereof, Contractor may have access to private or confidential information which may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Contractor agrees that all information disclosed by City to Contractor shall be held in confidence and used only in performance of the Agreement. Contractor shall exercise the same standard of care to protect such information as a reasonably prudent contractor would use to protect its own proprietary data.

25. Notices to the Parties. Unless otherwise indicated elsewhere in this Agreement, all written communications sent by the parties may be by U.S. mail, e-mail or by fax, and shall be addressed as follows:

To City: [insert name or title of department contact person, name of department, mailing address, and e-mail address; fax number is optional]

To Contractor: [insert name of contractor, mailing address, and e-mail address; fax

number is optional] Any notice of default must be sent by registered mail.

26. Ownership of Results. Any interest of Contractor or its Subcontractors, in drawings, plans, specifications, blueprints, studies, reports, memoranda, computation sheets, computer files and media or other documents prepared by Contractor or its subcontractors in connection with services to be performed under this Agreement, shall become the property of and will be transmitted to City. However, Contractor may retain and use copies for reference and as documentation of its experience and capabilities.

27. Works for Hire. If, in connection with services performed under this Agreement, Contractor or its subcontractors create artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, diagrams, surveys, blueprints, source codes or any other original works of authorship, such works of authorship shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of the City. If it is ever determined that any works created by Contractor or its subcontractors under this Agreement are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such works to the City, and agrees to provide any material and execute any documents necessary to effectuate such assignment. With the approval of the City, Contractor may retain and use copies of such works for reference and as documentation of its experience and capabilities.

28. Audit and Inspection of Records. Contractor agrees to maintain and make available to the City, during regular business hours, accurate books and accounting records relating to its work under this Agreement. Contractor will permit City to audit, examine and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data related to all other matters covered by this



APPENDIX C Agreement, whether funded in whole or in part under this Agreement. Contractor shall maintain such data and records in an accessible location and condition for a period of not less than five years after final payment under this Agreement or until after final audit has been resolved, whichever is later. The State of California or any federal agency having an interest in the subject matter of this Agreement shall have the same rights conferred upon City by this Section.

29. Subcontracting. Contractor is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is first approved by City in writing. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. An agreement made in violation of this provision shall confer no rights on any party and shall be null and void.

30. Assignment. The services to be performed by Contractor are personal in character and neither this Agreement nor any duties or obligations hereunder may be assigned or delegated by the Contractor unless first approved by City by written instrument executed and approved in the same manner as this Agreement.

31. Non-Waiver of Rights. The omission by either party at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenants, or provisions hereof by the other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled, nor shall it in any way affect the right of the party to enforce such provisions thereafter.

32. Earned Income Credit (EIC) Forms. Administrative Code section 12O requires that employers provide their employees with IRS Form W-5 (The Earned Income Credit Advance Payment Certificate) and the IRS EIC Schedule, as set forth below. Employers can locate these forms at the IRS Office, on the Internet, or anywhere that Federal Tax Forms can be found. Contractor shall provide EIC Forms to each Eligible Employee at each of the following times: (i) within thirty days following the date on which this Agreement becomes effective (unless Contractor has already provided such EIC Forms at least once during the calendar year in which such effective date falls); (ii) promptly after any Eligible Employee is hired by Contractor; and (iii) annually between January 1 and January 31 of each calendar year during the term of this Agreement. Failure to comply with any requirement contained in subparagraph (a) of this Section shall constitute a material breach by Contractor of the terms of this Agreement. If, within thirty days after Contractor receives written notice of such a breach, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of thirty days, Contractor fails to commence efforts to cure within such period or thereafter fails to diligently pursue such cure to completion, the City may pursue any rights or remedies available under this Agreement or under applicable law. Any Subcontract entered into by Contractor shall require the subcontractor to comply, as to the subcontractor’s Eligible Employees, with each of the terms of this section. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Section 12O of the San Francisco Administrative Code.

33. Local Business Enterprise Utilization; Liquidated Damages a. The LBE Ordinance. Contractor, shall comply with all the requirements of the

Local Business Enterprise and Non-Discrimination in Contracting Ordinance set forth in Chapter 14B of the San Francisco Administrative Code as it now exists or as it may be amended in the



APPENDIX C future (collectively the “LBE Ordinance”), provided such amendments do not materially increase Contractor’s obligations or liabilities, or materially diminish Contractor’s rights, under this Agreement. Such provisions of the LBE Ordinance are incorporated by reference and made a part of this Agreement as though fully set forth in this section. Contractor’s willful failure to comply with any applicable provisions of the LBE Ordinance is a material breach of Contractor’s obligations under this Agreement and shall entitle City, subject to any applicable notice and cure provisions set forth in this Agreement, to exercise any of the remedies provided for under this Agreement, under the LBE Ordinance or otherwise available at law or in equity, which remedies shall be cumulative unless this Agreement expressly provides that any remedy is exclusive. In addition, Contractor shall comply fully with all other applicable local, state and federal laws prohibiting discrimination and requiring equal opportunity in contracting, including subcontracting.

b. Compliance and Enforcement 1) Enforcement. If Contractor willfully fails to comply with any of the

provisions of the LBE Ordinance, the rules and regulations implementing the LBE Ordinance, or the provisions of this Agreement pertaining to LBE participation, Contractor shall be liable for liquidated damages in an amount equal to Contractor’s net profit on this Agreement, or 10% of the total amount of this Agreement, or $1,000, whichever is greatest. The Director of the City’s Human Rights Commission or any other public official authorized to enforce the LBE Ordinance (separately and collectively, the “Director of HRC”) may also impose other sanctions against Contractor authorized in the LBE Ordinance, including declaring the Contractor to be irresponsible and ineligible to contract with the City for a period of up to five years or revocation of the Contractor’s LBE certification. The Director of HRC will determine the sanctions to be imposed, including the amount of liquidated damages, after investigation pursuant to Administrative Code §14B.17. By entering into this Agreement, Contractor acknowledges and agrees that any liquidated damages assessed by the Director of the HRC shall be payable to City upon demand. Contractor further acknowledges and agrees that any liquidated damages assessed may be withheld from any monies due to Contractor on any contract with City. Contractor agrees to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination or expiration of this Agreement, and shall make such records available for audit and inspection by the Director of HRC or the Controller upon request.

If the contract will involve the use of subcontracts, then include subparagraphs (2), (3) and (4). If the contract will not involve subcontracts, then omit (2), (3), and (4) and delete the subsection title above, “(1) Enforcement,” but keep the text of the subparagraph.

2) Subcontracting Goals. The LBE subcontracting participation goal for this contract is [insert number] %. Contractor shall fulfill the subcontracting commitment made in its bid or proposal. Each invoice submitted to City for payment shall include the information required in the HRC Progress Payment Form and the HRC Payment Affidavit. Failure to provide the HRC Progress Payment Form and the HRC Payment Affidavit with each invoice submitted by Contractor shall entitle City to withhold 20% of the amount of that invoice until the HRC Payment Form and the HRC Subcontractor Payment Affidavit are provided by Contractor. Contractor shall not participate in any back contracting to the Contractor or lower-tier subcontractors, as defined in the LBE Ordinance, for any purpose inconsistent with the provisions of the LBE Ordinance, its implementing rules and regulations, or this Section.



APPENDIX C 3) Subcontract Language Requirements. Contractor shall incorporate the

LBE Ordinance into each subcontract made in the fulfillment of Contractor’s obligations under this Agreement and require each subcontractor to agree and comply with provisions of the ordinance applicable to subcontractors. Contractor shall include in all subcontracts with LBEs made in fulfillment of Contractor’s obligations under this Agreement, a provision requiring Contractor to compensate any LBE subcontractor for damages for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if Contractor does not fulfill its commitment to use the LBE subcontractor as specified in the bid or proposal, unless Contractor received advance approval from the Director of HRC and contract awarding authority to substitute subcontractors or to otherwise modify the commitments in the bid or proposal. Such provisions shall also state that it is enforceable in a court of competent jurisdiction. Subcontracts shall require the subcontractor to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination of this contract and to make such records available for audit and inspection by the Director of HRC or the Controller upon request.

4) Payment of Subcontractors. Contractor shall pay its subcontractors within three working days after receiving payment from the City unless Contractor notifies the Director of HRC in writing within ten working days prior to receiving payment from the City that there is a bona fide dispute between Contractor and its subcontractor and the Director waives the three-day payment requirement, in which case Contractor may withhold the disputed amount but shall pay the undisputed amount. Contractor further agrees, within ten working days following receipt of payment from the City, to file the HRC Payment Affidavit with the Controller, under penalty of perjury, that the Contractor has paid all subcontractors. The affidavit shall provide the names and addresses of all subcontractors and the amount paid to each. Failure to provide such affidavit may subject Contractor to enforcement procedure under Administrative Code §14B.17.

34. Nondiscrimination; Penalties a. Contractor Shall Not Discriminate. In the performance of this Agreement,

Contractor agrees not to discriminate against any employee, City and County employee working with such contractor or subcontractor, applicant for employment with such contractor or subcontractor, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.

b. Subcontracts. Contractor shall incorporate by reference in all subcontracts the provisions of §§12B.2(a), 12B.2(c)-(k), and 12C.3 of the San Francisco Administrative Code (copies of which are available from Purchasing) and shall require all subcontractors to comply with such provisions. Contractor’s failure to comply with the obligations in this subsection shall constitute a material breach of this Agreement.

c. Nondiscrimination in Benefits. Contractor does not as of the date of this Agreement and will not during the term of this Agreement, in any of its operations in San



APPENDIX C

d. Condition to Contract. As a condition to this Agreement, Contractor shall execute the “Chapter 12B Declaration: Nondiscrimination in Contracts and Benefits” form (form HRC-12B-101) with supporting documentation and secure the approval of the form by the San Francisco Human Rights Commission.

e. Incorporation of Administrative Code Provisions by Reference. The provisions of Chapters 12B and 12C of the San Francisco Administrative Code are incorporated in this Section by reference and made a part of this Agreement as though fully set forth herein. Contractor shall comply fully with and be bound by all of the provisions that apply to this Agreement under such Chapters, including but not limited to the remedies provided in such Chapters. Without limiting the foregoing, Contractor understands that pursuant to §§12B.2(h) and 12C.3(g) of the San Francisco Administrative Code, a penalty of $50 for each person for each calendar day during which such person was discriminated against in violation of the provisions of this Agreement may be assessed against Contractor and/or deducted from any payments due Contractor.

35. MacBride Principles—Northern Ireland. Pursuant to San Francisco Administrative Code §12F.5, the City and County of San Francisco urges companies doing business in Northern Ireland to move towards resolving employment inequities, and encourages such companies to abide by the MacBride Principles. The City and County of San Francisco urges San Francisco companies to do business with corporations that abide by the MacBride Principles. By signing below, the person executing this agreement on behalf of Contractor acknowledges and agrees that he or she has read and understood this section.

36. Tropical Hardwood and Virgin Redwood Ban. Pursuant to §804(b) of the San Francisco Environment Code, the City and County of San Francisco urges contractors not to import, purchase, obtain, or use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood or virgin redwood wood product.

37. Drug-Free Workplace Policy. Contractor acknowledges that pursuant to the Federal Drug-Free Workplace Act of 1989, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on City premises. Contractor agrees that any violation of this prohibition by Contractor, its employees, agents or assigns will be deemed a material breach of this Agreement.

38. Resource Conservation. Chapter 5 of the San Francisco Environment Code (“Resource Conservation”) is incorporated herein by reference. Failure by Contractor to comply with any of the applicable requirements of Chapter 5 will be deemed a material breach of contract.

39. Compliance with Americans with Disabilities Act. Contractor acknowledges that, pursuant to the Americans with Disabilities Act (ADA), programs, services and other activities



APPENDIX C provided by a public entity to the public, whether directly or through a contractor, must be accessible to the disabled public. Contractor shall provide the services specified in this Agreement in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation. Contractor agrees not to discriminate against disabled persons in the provision of services, benefits or activities provided under this Agreement and further agrees that any violation of this prohibition on the part of Contractor, its employees, agents or assigns will constitute a material breach of this Agreement.

40. Sunshine Ordinance. In accordance with San Francisco Administrative Code §67.24(e), contracts, contractors’ bids, responses to solicitations and all other records of communications between City and persons or firms seeking contracts, shall be open to inspection immediately after a contract has been awarded. Nothing in this provision requires the disclosure of a private person or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefit until and unless that person or organization is awarded the contract or benefit. Information provided which is covered by this paragraph will be made available to the public upon request.

41. Public Access to Meetings and Records. If the Contractor receives a cumulative total per year of at least $250,000 in City funds or City-administered funds and is a non-profit organization as defined in Chapter 12L of the San Francisco Administrative Code, Contractor shall comply with and be bound by all the applicable provisions of that Chapter. By executing this Agreement, the Contractor agrees to open its meetings and records to the public in the manner set forth in §§12L.4 and 12L.5 of the Administrative Code. Contractor further agrees to make-good faith efforts to promote community membership on its Board of Directors in the manner set forth in §12L.6 of the Administrative Code. The Contractor acknowledges that its material failure to comply with any of the provisions of this paragraph shall constitute a material breach of this Agreement. The Contractor further acknowledges that such material breach of the Agreement shall be grounds for the City to terminate and/or not renew the Agreement, partially or in its entirety.

42. Limitations on Contributions. Through execution of this Agreement, Contractor acknowledges that it is familiar with section 1.126 of the City’s Campaign and Governmental Conduct Code, which prohibits any person who contracts with the City for the rendition of personal services, for the furnishing of any material, supplies or equipment, for the sale or lease of any land or building, or for a grant, loan or loan guarantee, from making any campaign contribution to (1) an individual holding a City elective office if the contract must be approved by the individual, a board on which that individual serves, or the board of a state agency on which an appointee of that individual serves, (2) a candidate for the office held by such individual, or (3) a committee controlled by such individual, at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or six months after the date the contract is approved. Contractor acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $50,000 or more. Contractor further acknowledges that the prohibition on contributions applies to each prospective party to the contract; each member of Contractor’s board of directors; Contractor’s chairperson, chief executive officer, chief financial officer and chief operating officer; any person with an ownership interest of more than 20 percent in Contractor; any subcontractor listed in the bid or contract; and any committee that is sponsored P-500 (5-10) 18 of 27 [tweak as necessary] [agreement date]


APPENDIX C

43. Requiring Minimum Compensation for Covered Employees a. Contractor agrees to comply fully with and be bound by all of the provisions of

the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P (Chapter 12P), including the remedies provided, and implementing guidelines and rules. The provisions of Sections 12P.5 and 12P.5.1 of Chapter 12P are incorporated herein by reference and made a part of this Agreement as though fully set forth. The text of the MCO is available on the web at www.sfgov.org/olse/mco. A partial listing of some of Contractor's obligations under the MCO is set forth in this Section. Contractor is required to comply with all the provisions of the MCO, irrespective of the listing of obligations in this Section.

b. The MCO requires Contractor to pay Contractor's employees a minimum hourly gross compensation wage rate and to provide minimum compensated and uncompensated time off. The minimum wage rate may change from year to year and Contractor is obligated to keep informed of the then-current requirements. Any subcontract entered into by Contractor shall require the subcontractor to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. It is Contractor’s obligation to ensure that any subcontractors of any tier under this Agreement comply with the requirements of the MCO. If any subcontractor under this Agreement fails to comply, City may pursue any of the remedies set forth in this Section against Contractor.

c. Contractor shall not take adverse action or otherwise discriminate against an employee or other person for the exercise or attempted exercise of rights under the MCO. Such actions, if taken within 90 days of the exercise or attempted exercise of such rights, will be rebuttably presumed to be retaliation prohibited by the MCO.

d. Contractor shall maintain employee and payroll records as required by the MCO. If Contractor fails to do so, it shall be presumed that the Contractor paid no more than the minimum wage required under State law.

e. The City is authorized to inspect Contractor’s job sites and conduct interviews with employees and conduct audits of Contractor

f. Contractor's commitment to provide the Minimum Compensation is a material element of the City's consideration for this Agreement. The City in its sole discretion shall determine whether such a breach has occurred. The City and the public will suffer actual damage that will be impractical or extremely difficult to determine if the Contractor fails to comply with these requirements. Contractor agrees that the sums set forth in Section 12P.6.1 of the MCO as liquidated damages are not a penalty, but are reasonable estimates of the loss that the City and the public will incur for Contractor's noncompliance. The procedures governing the assessment of liquidated damages shall be those set forth in Section 12P.6.2 of Chapter 12P.

g. Contractor understands and agrees that if it fails to comply with the requirements of the MCO, the City shall have the right to pursue any rights or remedies available under Chapter 12P (including liquidated damages), under the terms of the contract, and under applicable law. If, within 30 days after receiving written notice of a breach of this Agreement P-500 (5-10) 19 of 27 [tweak as necessary] [agreement date]


APPENDIX C

h. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the MCO.

i. If Contractor is exempt from the MCO when this Agreement is executed because the cumulative amount of agreements with this department for the fiscal year is less than $25,000, but Contractor later enters into an agreement or agreements that cause contractor to exceed that amount in a fiscal year, Contractor shall thereafter be required to comply with the MCO under this Agreement. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and this department to exceed $25,000 in the fiscal year.

44. Requiring Health Benefits for Covered Employees Contractor agrees to comply fully with and be bound by all of the provisions of the

Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at www.sfgov.org/olse. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.

a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission.

b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above.

c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City.

d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO P-500 (5-10) 20 of 27 [tweak as necessary] [agreement date]


APPENDIX C and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation.

e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means.

f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO.

g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract.

h. Contractor shall keep itself informed of the current requirements of the HCAO.

i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable.

j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond.

k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO.

l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits.

m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

The requirements of Chapter 83 apply to: (a) entry level positions for work performed by a contractor in the City; (b) entry level positions for work performed on the contract in Alameda, San Francisco or San Mateo counties; (c) entry level positions for work performed on the contract on property owned by the City; and (d) entry level positions for work done under a permit authorization on a development project in the City. If the contract amount is $50,000 or less, then §45 should read “Left blank by agreement of the parties. (First source hiring program)” If the contract amount is more than $50,000, then you must call the First Source Hiring Administrator (401-4960) to review whether Chapter 83 will apply to the contract. If it does, then insert §45. If the First Source Hiring



APPENDIX C Administrator grants a waiver, then §45 should read “Left blank by agreement of the parties. (First source hiring program)”

45. First Source Hiring Program

a. Incorporation of Administrative Code Provisions by Reference. The provisions of Chapter 83 of the San Francisco Administrative Code are

incorporated in this Section by reference and made a part of this Agreement as though fully set forth herein. Contractor shall comply fully with, and be bound by, all of the provisions that apply to this Agreement under such Chapter, including but not limited to the remedies provided therein. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 83.

b. First Source Hiring Agreement. As an essential term of, and consideration for, any contract or property contract

with the City, not exempted by the FSHA, the Contractor shall enter into a first source hiring agreement ("agreement") with the City, on or before the effective date of the contract or property contract. Contractors shall also enter into an agreement with the City for any other work that it performs in the City. Such agreement shall:

1) Set appropriate hiring and retention goals for entry level positions. The employer shall agree to achieve these hiring and retention goals, or, if unable to achieve these goals, to establish good faith efforts as to its attempts to do so, as set forth in the agreement. The agreement shall take into consideration the employer's participation in existing job training, referral and/or brokerage programs. Within the discretion of the FSHA, subject to appropriate modifications, participation in such programs maybe certified as meeting the requirements of this Chapter. Failure either to achieve the specified goal, or to establish good faith efforts will constitute noncompliance and will subject the employer to the provisions of Section 83.10 of this Chapter.

2) Set first source interviewing, recruitment and hiring requirements, which will provide the San Francisco Workforce Development System with the first opportunity to provide qualified economically disadvantaged individuals for consideration for employment for entry level positions. Employers shall consider all applications of qualified economically disadvantaged individuals referred by the System for employment; provided however, if the employer utilizes nondiscriminatory screening criteria, the employer shall have the sole discretion to interview and/or hire individuals referred or certified by the San Francisco Workforce Development System as being qualified economically disadvantaged individuals. The duration of the first source interviewing requirement shall be determined by the FSHA and shall be set forth in each agreement, but shall not exceed 10 days. During that period, the employer may publicize the entry level positions in accordance with the agreement. A need for urgent or temporary hires must be evaluated, and appropriate provisions for such a situation must be made in the agreement.

3) Set appropriate requirements for providing notification of available entry level positions to the San Francisco Workforce Development System so that the System may train and refer an adequate pool of qualified economically disadvantaged individuals to participating employers. Notification should include such information as employment needs by P-500 (5-10) 22 of 27 [tweak as necessary] [agreement date]


APPENDIX C occupational title, skills, and/or experience required, the hours required, wage scale and duration of employment, identification of entry level and training positions, identification of English language proficiency requirements, or absence thereof, and the projected schedule and procedures for hiring for each occupation. Employers should provide both long-term job need projections and notice before initiating the interviewing and hiring process. These notification requirements will take into consideration any need to protect the employer's proprietary information.

4) Set appropriate record keeping and monitoring requirements. The First Source Hiring Administration shall develop easy-to-use forms and record keeping requirements for documenting compliance with the agreement. To the greatest extent possible, these requirements shall utilize the employer's existing record keeping systems, be nonduplicative, and facilitate a coordinated flow of information and referrals.

5) Establish guidelines for employer good faith efforts to comply with the first source hiring requirements of this Chapter. The FSHA will work with City departments to develop employer good faith effort requirements appropriate to the types of contracts and property contracts handled by each department. Employers shall appoint a liaison for dealing with the development and implementation of the employer's agreement. In the event that the FSHA finds that the employer under a City contract or property contract has taken actions primarily for the purpose of circumventing the requirements of this Chapter, that employer shall be subject to the sanctions set forth in Section 83.10 of this Chapter.

6) Set the term of the requirements.

7) Set appropriate enforcement and sanctioning standards consistent with this Chapter.

8) Set forth the City's obligations to develop training programs, job applicant referrals, technical assistance, and information systems that assist the employer in complying with this Chapter.

9) Require the developer to include notice of the requirements of this Chapter in leases, subleases, and other occupancy contracts.

c. Hiring Decisions

Contractor shall make the final determination of whether an Economically Disadvantaged Individual referred by the System is "qualified" for the position.

d. Exceptions Upon application by Employer, the First Source Hiring Administration may grant

an exception to any or all of the requirements of Chapter 83 in any situation where it concludes that compliance with this Chapter would cause economic hardship.

e. Liquidated Damages. Contractor agrees:

1) To be liable to the City for liquidated damages as provided in this section;



APPENDIX C 2) To be subject to the procedures governing enforcement of breaches of

contracts based on violations of contract provisions required by this Chapter as set forth in this section;

3) That the contractor's commitment to comply with this Chapter is a material element of the City's consideration for this contract; that the failure of the contractor to comply with the contract provisions required by this Chapter will cause harm to the City and the public which is significant and substantial but extremely difficult to quantity; that the harm to the City includes not only the financial cost of funding public assistance programs but also the insidious but impossible to quantify harm that this community and its families suffer as a result of unemployment; and that the assessment of liquidated damages of up to $5,000 for every notice of a new hire for an entry level position improperly withheld by the contractor from the first source hiring process, as determined by the FSHA during its first investigation of a contractor, does not exceed a fair estimate of the financial and other damages that the City suffers as a result of the contractor's failure to comply with its first source referral contractual obligations.

4) That the continued failure by a contractor to comply with its first source referral contractual obligations will cause further significant and substantial harm to the City and the public, and that a second assessment of liquidated damages of up to $10,000 for each entry level position improperly withheld from the FSHA, from the time of the conclusion of the first investigation forward, does not exceed the financial and other damages that the City suffers as a result of the contractor's continued failure to comply with its first source referral contractual obligations;

5) That in addition to the cost of investigating alleged violations under this Section, the computation of liquidated damages for purposes of this section is based on the following data:

(a) The average length of stay on public assistance in San Francisco's County Adult Assistance Program is approximately 41 months at an average monthly grant of $348 per month, totaling approximately $14,379; and

(b) In 2004, the retention rate of adults placed in employment programs funded under the Workforce Investment Act for at least the first six months of employment was 84.4%. Since qualified individuals under the First Source program face far fewer barriers to employment than their counterparts in programs funded by the Workforce Investment Act, it is reasonable to conclude that the average length of employment for an individual whom the First Source Program refers to an employer and who is hired in an entry level position is at least one year;

Therefore, liquidated damages that total $5,000 for first violations and $10,000 for subsequent violations as determined by FSHA constitute a fair, reasonable, and conservative attempt to quantify the harm caused to the City by the failure of a contractor to comply with its first source referral contractual obligations.

6) That the failure of contractors to comply with this Chapter, except property contractors, may be subject to the debarment and monetary penalties set forth in Sections 6.80 et seq. of the San Francisco Administrative Code, as well as any other remedies available under the contract or at law; and



APPENDIX C Violation of the requirements of Chapter 83 is subject to an assessment of liquidated damages in the amount of $5,000 for every new hire for an Entry Level Position improperly withheld from the first source hiring process. The assessment of liquidated damages and the evaluation of any defenses or mitigating factors shall be made by the FSHA.

f. Subcontracts. Any subcontract entered into by Contractor shall require the subcontractor to

comply with the requirements of Chapter 83 and shall contain contractual obligations substantially the same as those set forth in this Section.

46. Prohibition on Political Activity with City Funds. In accordance with San Francisco Administrative Code Chapter 12.G, Contractor may not participate in, support, or attempt to influence any political campaign for a candidate or for a ballot measure (collectively, “Political Activity”) in the performance of the services provided under this Agreement. Contractor agrees to comply with San Francisco Administrative Code Chapter 12.G and any implementing rules and regulations promulgated by the City’s Controller. The terms and provisions of Chapter 12.G are incorporated herein by this reference. In the event Contractor violates the provisions of this section, the City may, in addition to any other rights or remedies available hereunder, (i) terminate this Agreement, and (ii) prohibit Contractor from bidding on or receiving any new City contract for a period of two (2) years. The Controller will not consider Contractor’s use of profit as a violation of this section.

47. Preservative-treated Wood Containing Arsenic. Contractor may not purchase preservative-treated wood products containing arsenic in the performance of this Agreement unless an exemption from the requirements of Chapter 13 of the San Francisco Environment Code is obtained from the Department of the Environment under Section 1304 of the Code. The term “preservative-treated wood containing arsenic” shall mean wood treated with a preservative that contains arsenic, elemental arsenic, or an arsenic copper combination, including, but not limited to, chromated copper arsenate preservative, ammoniacal copper zinc arsenate preservative, or ammoniacal copper arsenate preservative. Contractor may purchase preservative-treated wood products on the list of environmentally preferable alternatives prepared and adopted by the Department of the Environment. This provision does not preclude Contractor from purchasing preservative-treated wood containing arsenic for saltwater immersion. The term “saltwater immersion” shall mean a pressure-treated wood that is used for construction purposes or facilities that are partially or totally immersed in saltwater.

48. Modification of Agreement. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement. [If the contract amount is $50,000 or more, then add the following sentence:] Contractor shall cooperate with Department to submit to the Director of HRC any amendment, modification, supplement or change order that would result in a cumulative increase of the original amount of this Agreement by more than 20% (HRC Contract Modification Form).

49. Administrative Remedy for Agreement Interpretation. Should any question arise as to the meaning and intent of this Agreement, the question shall, prior to any other action or resort to any other legal remedy, be referred to Purchasing who shall decide the true meaning and intent of the Agreement.



APPENDIX C 50. Agreement Made in California; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Francisco.

51. Construction. All paragraph captions are for reference only and shall not be considered in construing this Agreement.

52. Entire Agreement. This contract sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. This contract may be modified only as provided in Section 48, “Modification of Agreement.”

53. Compliance with Laws. Contractor shall keep itself fully informed of the City’s Charter, codes, ordinances and regulations of the City and of all state, and federal laws in any manner affecting the performance of this Agreement, and must at all times comply with such local codes, ordinances, and regulations and all applicable laws as they may be amended from time to time.

54. Services Provided by Attorneys. Any services to be provided by a law firm or attorney must be reviewed and approved in writing in advance by the City Attorney. No invoices for services provided by law firms or attorneys, including, without limitation, as subcontractors of Contractor, will be paid unless the provider received advance written approval from the City Attorney.

If the contract will involve the contractor or subcontractors providing services involving direct supervision of minors, then insert §55. Supervision includes oversight responsibilities at City parks, playgrounds, recreational centers or beaches. Otherwise, §55 should read, "55. Left blank by agreement of the parties. (Supervision of minors)" 55. Supervision of Minors. Contractor, and any subcontractors, shall comply with California Penal Code section 11105.3 and request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in Welfare and Institution Code section 15660(a) of any person who applies for employment or volunteer position with Contractor, or any subcontractor, in which he or she would have supervisory or disciplinary power over a minor under his or her care. If Contractor, or any subcontractor, is providing services at a City park, playground, recreational center or beach (separately and collectively, “Recreational Site”), Contractor shall not hire, and shall prevent its subcontractors from hiring, any person for employment or volunteer position to provide those services if that person has been convicted of any offense that was listed in former Penal Code section 11105.3 (h)(1) or 11105.3(h)(3). If Contractor, or any of its subcontractors, hires an employee or volunteer to provide services to minors at any location other than a Recreational Site, and that employee or volunteer has been convicted of an offense specified in Penal Code section 11105.3(c), then Contractor shall comply, and cause its subcontractors to comply with that section and provide written notice to the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer not less than ten (10) days prior to the day the employee or volunteer begins his or her duties or tasks. Contractor shall provide, or cause its subcontractors to provide City with a copy of any such notice at the same time that it provides notice to any parent or guardian. Contractor shall expressly require any of its subcontractors with supervisory or disciplinary power over a minor to comply with this section



APPENDIX C of the Agreement as a condition of its contract with the subcontractor. Contractor acknowledges and agrees that failure by Contractor or any of its subcontractors to comply with any provision of this section of the Agreement shall constitute an Event of Default. Contractor further acknowledges and agrees that such Event of Default shall be grounds for the City to terminate the Agreement, partially or in its entirety, to recover from Contractor any amounts paid under this Agreement, and to withhold any future payments to Contractor. The remedies provided in this Section shall not limited any other remedy available to the City hereunder, or in equity or law for an Event of Default, and each remedy may be exercised individually or in combination with any other available remedy. The exercise of any remedy shall not preclude or in any way be deemed to waive any other remedy.

56. Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

57. Protection of Private Information. Contractor has read and agrees to the terms set forth in San Francisco Administrative Code Sections 12M.2, “Nondisclosure of Private Information,” and 12M.3, “Enforcement” of Administrative Code Chapter 12M, “Protection of Private Information,” which are incorporated herein as if fully set forth. Contractor agrees that any failure of Contactor to comply with the requirements of Section 12M.2 of this Chapter shall be a material breach of the Contract. In such an event, in addition to any other remedies available to it under equity or law, the City may terminate the Contract, bring a false claim action against the Contractor pursuant to Chapter 6 or Chapter 21 of the Administrative Code, or debar the Contractor.

58. Graffiti Removal. Graffiti is detrimental to the health, safety and welfare of the community in that it promotes a perception in the community that the laws protecting public and private property can be disregarded with impunity. This perception fosters a sense of disrespect of the law that results in an increase in crime; degrades the community and leads to urban blight; is detrimental to property values, business opportunities and the enjoyment of life; is inconsistent with the City’s property maintenance goals and aesthetic standards; and results in additional graffiti and in other properties becoming the target of graffiti unless it is quickly removed from public and private property. Graffiti results in visual pollution and is a public nuisance. Graffiti must be abated as quickly as possible to avoid detrimental impacts on the City and County and its residents, and to prevent the further spread of graffiti. Contractor shall remove all graffiti from any real property owned or leased by Contractor in the City and County of San Francisco within forty eight (48) hours of the earlier of Contractor’s (a) discovery or notification of the graffiti or (b) receipt of notification of the graffiti from the Department of Public Works. This section is not intended to require a Contractor to breach any lease or other agreement that it may have concerning its use of the real property. The term “graffiti” means any inscription, word, figure, marking or design that is affixed, marked, etched, scratched, drawn or painted on any building, structure, fixture or other improvement, whether permanent or temporary, including by way of example only and without limitation, signs, banners, billboards and fencing surrounding construction sites, whether public or private, without the consent of the owner of the property or the owner’s authorized agent, and which is visible from the public right-of-way. “Graffiti” shall P-500 (5-10) 27 of 27 [tweak as necessary] [agreement date]


APPENDIX C not include: (1) any sign or banner that is authorized by, and in compliance with, the applicable requirements of the San Francisco Public Works Code, the San Francisco Planning Code or the San Francisco Building Code; or (2) any mural or other painting or marking on the property that is protected as a work of fine art under the California Art Preservation Act (California Civil Code Sections 987 et seq.) or as a work of visual art under the Federal Visual Artists Rights Act of 1990 (17 U.S.C. §§ 101 et seq.).

Any failure of Contractor to comply with this section of this Agreement shall constitute an Event of Default of this Agreement.

59. Food Service Waste Reduction Requirements. Effective June 1, 2007, Contractor agrees to comply fully with and be bound by all of the provisions of the Food Service Waste Reduction Ordinance, as set forth in San Francisco Environment Code Chapter 16, including the remedies provided, and implementing guidelines and rules. The provisions of Chapter 16 are incorporated herein by reference and made a part of this Agreement as though fully set forth. This provision is a material term of this Agreement. By entering into this Agreement, Contractor agrees that if it breaches this provision, City will suffer actual damages that will be impractical or extremely difficult to determine; further, Contractor agrees that the sum of one hundred dollars ($100) liquidated damages for the first breach, two hundred dollars ($200) liquidated damages for the second breach in the same year, and five hundred dollars ($500) liquidated damages for subsequent breaches in the same year is reasonable estimate of the damage that City will incur based on the violation, established in light of the circumstances existing at the time this Agreement was made. Such amount shall not be considered a penalty, but rather agreed monetary damages sustained by City because of Contractor’s failure to comply with this provision.

Insert §60 for any contract in which the contractor is providing (1) insurance or insurance services, (2) financial services, or (3) textiles, unless the contractor falls within an exception (see Admin. Code Section 12Y.3). Otherwise, §60 should read “Left blank by agreement of the parties. (Slavery era disclosure)”

60. Slavery Era Disclosure a. Contractor acknowledges that this contract shall not be binding upon the City

until the Director receives the affidavit required by the San Francisco Administrative Code’s Chapter 12Y, “San Francisco Slavery Era Disclosure Ordinance.”

b. In the event the Director of Administrative Services finds that Contractor has failed to file an affidavit as required by Section 12Y.4(a) and this Contract, or has willfully filed a false affidavit, the Contractor shall be liable for liquidated damages in an amount equal to the Contractor’s net profit on the Contract, 10 percent of the total amount of the Contract, or $1,000, whichever is greatest as determined by the Director of Administrative Services. Contractor acknowledges and agrees that the liquidated damages assessed shall be payable to the City upon demand and may be set off against any monies due to the Contractor from any Contract with the City.

c. Contractor shall maintain records necessary for monitoring their compliance with this provision.

61. Cooperative Drafting. This Agreement has been drafted through a cooperative effort of both parties, and both parties have had an opportunity to have the Agreement reviewed and P-500 (5-10) 28 of 27 [tweak as necessary] [agreement date]


APPENDIX C

Insert §62 if this agreement is with a health and human services nonprofit; otherwise, do not include §62 and §61 will be the contract’s final paragraph. The latest dispute resolution procedure is posted on Purchasing’s website.

62. Dispute Resolution Procedure. A Dispute Resolution Procedure is attached under the Appendix [enter the appendix letter] to address issues that have not been resolved administratively by other departmental remedies.



APPENDIX C


IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first mentioned above. CITY Recommended by: ___________________________________ [name] [title] [department] Approved as to Form: Dennis J. Herrera City Attorney By: ________________________________ [name of Deputy City Attorney] Deputy City Attorney Approved: _____________________________________Naomi Kelly Director of the Office of Contract Administration, and Purchaser

CONTRACTOR [company name] By signing this Agreement, I certify that I comply with the requirements of the Minimum Compensation Ordinance, which entitle Covered Employees to certain minimum hourly wages and compensated and uncompensated time off. I have read and understood paragraph 35, the City’s statement urging companies doing business in Northern Ireland to move towards resolving employment inequities, encouraging compliance with the MacBride Principles, and urging San Francisco companies to do business with corporations that abide by the MacBride Principles. _____________________________________[name of authorized representative] [title] [optional: address] [optional: city, state, ZIP] City vendor number: [vendor number]

Appendices A: Services to be provided by Contractor B: Calculation of Charges

If you obtained an insurance waiver from the Risk Manager, then list Appendix C here. C: Insurance Waiver

In the footer, the page number should match the “of” number, such as “27 of 27.”


APPENDIX C

Appendix A Services to be provided by Contractor

1. Description of Services

This section should refer to any proposal submitted by Contractor in response to a City request for proposals, if applicable, as follows:

Contractor agrees to perform the following services: If there is no response to a Request for Proposals to refer to, or where the final

negotiated scope is in any way different from the response to a Request for Proposals, insert or attach a detailed description of services to be provided by Contractor. The description should be adequate to allow objective measurement of the Contractor’s progress on the services to be provided, such as a detailed narrative of the goals of the contract, measurable tasks or deliverables, milestones or timelines. In completing this section, attempt to answer the following questions: 1. Who is providing the services? Include the legal name of organization or individual.

Is there more than one service provider? 2. When will the services be provided? Dates, times, how frequently (e.g., thrice per

week) if on an on-going basis. 3. What is the service provider providing? Use concrete description. 4. How will the Services be evaluated?

* Will project manager monitor and log in that Consultant performed said Service? * Project end report? * Analysis report by the Consultant?

5. Where will the Services be provided? List sites/other places the services will take place. 2. Reports

Contractor shall submit written reports as requested by the [insert name of department]. Format for the content of such reports shall be determined by the [insert name of department]. The timely submission of all reports is a necessary and material term and condition of this Agreement. The reports, including any copies, shall be submitted on recycled paper and printed on double-sided pages to the maximum extent possible. 3. Department Liaison

In performing the services provided for in this Agreement, Contractor’s liaison with the [insert name of department] will be [insert name of contact person in department].

P-500 (5-10) A-1 [agreement date]


APPENDIX C Appendix B

Calculation of Charges

List, as applicable: Personnel or Hourly Rate Flat rate for specified period (e.g., monthly) Rate for use of Contractor’s equipment, if applicable Rates for faxes (sending only), mileage, etc. Actual costs for contractor meals, accommodations, long distance and cellular phone charges, postage, vehicle rental, etc., subject to the approval of City. Any other applicable rates or charges under the Agreement.

P-500 (5-10) B-1 [agreement date]


APPENDIX C Appendix C

Insurance Waiver

Use as appropriate and only if an insurance waiver has been signed and granted by the Risk Manager.

P-500 (5-10) C-1 [agreement date]

APPENDIX D

EXHIBIT 1.

San Francisco Sheriff’s Department County Jail System

Maximum capacities for each jail are provided as are the authorized number of staff assigned per shift. Some jails may operate below their maximum, at their maximum or in excess of their maximum. Actual numbers of staff assigned to each jail facility are based on available staff and are impacted by attrition, leaves and retirements. HALL OF JUSTICE COMPOUND County Jail #3: 850 Bryant Street, 6th Floor Opened: 1961 Authorized Staff: Total: 77 Prisoner Population: Total: 426 (Men Only) Prisoner Meal Times: Breakfast: 0430-0500 Lunch: 0930-1000 Dinner: 1530-1600 Officer Dining Room Hours: 0100-0400 1000-1330 1600-2030 This jail is a one floor linear designed jail with single cells, multiple occupancy cells and dormitories. No kitchen operated on this floor. There is an Officer Dining Room at this jail for the staff. All meals are prepared in County Jail #4 on the 7th floor. Trays and food moved via a freight elevator between the floors. County Jail #4: 850 Bryant Street, 7th Floor Opened: 1961 Authorized Staff: Total: 89 Prisoner Population: Total: 402 (Men Only) Prisoner Meal Times: Breakfast: 0430-0500 Lunch: 0930-1000 Dinner: 1600-1630 Officer Dining Room Hours: 1000-1400 2200-0200 This jail is a one floor linear designed jail with single cells and multiple occupancy cells. This jail’s kitchen provides staff and prisoner meals for both the 6th Floor and the 7th Floor, and CJ#2. There is an Officer Dining Room at this jail for the staff. County Jail #2: 425 7th Street Opened: 1994 Authorized Staff: Total: 100 Prisoner Population: Total: 464 (Men: 214 Women: 250) This jail has an additional 76 prisoner beds for medical and psychiatric special housing. Prisoner Meal Times: Breakfast: 0500-0530 Lunch: 1000 Dinner: 1600 Officer Dining Room Hours: 0100-0600 1000-1400 1800-2200 This jail is comprised of 6 direct supervision pods. One pod is used for medical and psychiatric special housing. One pod is used for the intake housing of general population men. There is an Officer Dining Room in this jail for the staff. Staff from County Jail #1 may also eat in this Officer Dining Room.

P-590 (9-03) D-1 O:/RFPs/2012InmateMealsRFP/Exhibits 1-5 Folder

P-590 (9-03) D-2 O:/RFPs/2012InmateMealsRFP/Exhibits 1-5 Folder

County Jail #1: 425 7th Street Opened: 1996 Authorized Staff: Total: 78 Prisoner Population: Total Holding Capacity: 301 This is the Intake and Release Facility for the jail system. This jail has no rated beds. All cells are holding cells and men and women are housed in designated areas. Only sack lunches are provided to arrestees in this jail. Sack lunches received from the kitchen are secured in a designated area. There is a break room in the facility for staff. There is no Officer Dining Room in this jail. Staff may eat in the break room or in the Officer Dining Room at County Jail #2. SAN BRUNO COMPOUND County Jail #5: #1 Moreland Drive, San Bruno, CA Opened: 2006 Authorized Staff: Total: 182 Prisoner Population: Total: 768 (Men Only) Prisoner Meal Times: Breakfast: 0445 Lunch: 1030 Dinner: 1600 Officer Dining Room Hours: 0100-0500 1030-1300 1730-2100 This jail is comprised of 16 individual housing units with 24 cells in each unit. County Jail #6: #1 Moreland Drive, San Bruno, CA (Currently Closed) Opened: 1989 Authorized Staff: Total: 62 Prisoner Population: Total: 372 (Men Only) Prisoner Meal Times: Breakfast: 0445 Lunch: 1030 Dinner: 1600 Officer Dining Room Hours: 0100-0500 1030-1300 1730-2100 *Meals actually cooked in CJ#5 and delivered to CJ#6 on carts via the secured walkway between the buildings.

San Francisco Sheriff's DepartmentInmate Meals

Jul 1, 2011 - Dec 31, 2011EXHIBIT 2A

City Jail 1, 2, 3 & 4

San Bruno CJ-5

San Bruno CJ-6 (N/A)

Total Inmate Meals All Shifts

Number of Meals

Number of Meals

Number of Meals

Weekly Average

July 81,977 58,381 5,398 August 80,445 62,051 5,481 September 100,223 75,145 6,745 October 84,491 58,313 5,492 November 85,671 61,042 5,643 December 108,025 76,926 7,114 Total Inmate Meals 540,832 391,858

San Francisco Sheriff's DepartmentStaff Meals

Jul 1, 2011 - Dec 31, 2011EXHIBIT 2B

City Jail 1, 2, 3 & 4

San Bruno CJ-5

San Bruno CJ-6 (N/A)

Total Staff Meals All Shifts

Number of Meals

Number of Meals

Number of Meals

Weekly Average

July 3,524 1,806 205 August 5,099 2,711 300 September 6,502 3,472 384 October 5,034 2,839 303 November 5,017 2,769 299 December 6,150 3,379 367 Total Staff Meals 31,326 16,976

San Francisco Sheriff's DepartmentMeals Served by Type and Location

EXHIBIT 2C

July 1, 2011-Dec. 31, 2011Inmate MealsEstimates based on weekly data from current vendor.

CJ2 CJ3 CJ4 CJ5 TotalNumber of Meals

Weekly Average

Number of Meals

Weekly Average

Number of Meals

Weekly Average

Number of Meals

Weekly Average

Total Meals

Kosher Meals: 208 8 2938 113 364 14 624 24 4134

Vegan Meals: 208 8 312 12 364 14 286 11 1170

Medical Meals:Diabetic/1800 26 1 26 1 52Diabetic/2000 52 2 52 Diabetic/2500 78 3 78Diabetic/2800 234 9 286 11 208 8 1066 41 1794Diabetic/3000Renal 26 1 26 1 78 3 130Support 1 286 11 156 6 104 4 338 13 884Pregnancy 156 6 156Lactose 156 6 208 8 390 15 260 10 1014Lactose/Combo 260 10 260 10 312 12 364 14 1196LoSodium/LoFatLosod/Lo Fat/CoClear LiquidFull LiquidDental Soft 26 1 26 1 338 13 390Allergies/Single 1040 40 390 15 1170 45 364 14 2964Allergies/Multi 130 5 260 10 286 11 260 10 936

Additional Information Bag/Sack LunchesAlternative Programs 7,800 300COURT 2,600 100CJ#1 (Booking) 7,150 275

*Total Meals are included in Inmate Meals, EXHIBIT 2A. Total.

42

§ 3050 DEPARTMENT OF CORRECTIONS AND REHABILITATION TITLE 15

Article 4. Food Services

3050. Regular Meals.(a) Each inmate shall be provided a wholesome, nutritionally

balanced diet. Nutrition levels shall meet the Recommended Di-etary Allowances and Dietary Reference Intakes as established by the Food and Nutrition Board of the Institute of Medicine, National Academy of Science.

(1) Inmates confined in segregated housing shall be served food representative of that being served to general population inmates. Food shall not be withheld nor standard menu varied as a disciplin-ary sanction for any inmate.

(2) Inmates shall be provided three meals each day, two of which shall be served hot. Variations to the two hot meals per day re-quirement may be allowed to accommodate religious observances, religious meal programs, and institution emergencies. The break-fast meal shall be served not more than 14 hours following the previous day’s evening meal.

(3) Pregnant inmates shall receive two extra eight ounce cartons of milk or a calcium supplement if lactose intolerant, two extra servings of fresh fruit, and two extra servings of fresh vegetables daily. A physician may order additional nutrients as necessary.

(b) Facility menus shall be prepared at least one week in ad-vance and posted in locations accessible to all general population inmates. Inmates in segregation housing shall, upon request, be provided a weekly menu.

NOTE: Authority cited; Section 5058, Penal Code. Reference: Sections 2084 and 5054, Penal Code.

HISTORY: 1. Amendment filed 2-24-77; effective thirtieth day thereafter (Regis-

ter 77, No. 9). 2. Amendment filed 2-8-88; operative 3-9-88 (Register 88, No. 7). 3. Amendment of article heading and section filed 12-18-91 as an

emergency; operative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.

4. Editorial correction of History 2. (Register 92, No. 4). 5. Certificate of Compliance as to 12-18-91 order transmitted to OAL

4-15-92 and filed 5-26-92 (Register 92, No. 22). 6. Amendment of subsection (a)(2) filed 4-24-2006; operative 4-24-

2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).

7. Amendment of subsection (a) and new subsection (a)(3) filed 3-6-2008; operative 4-5-2008 (Register 2008, No. 10).

3051. Use of Pork or Pork Derivatives.(a) Pork or Pork derivatives may be part of meals within camp

settings outside Institutions.(b) Each menu food item containing pork or prepared in or

seasoned with a pork derivative (including use of a shortening con-taining a pork product) shall be identified on the menu with a “P”. Unless it can be determined with certainty that a food item does not contain pork or a pork derivative, that item shall be identified with an asterisk (\t*). A pork-free protein alternate shall be offered to those inmates who do not eat pork because of religious reasons.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2084 and 5054, Penal Code.

HISTORY: 1. Amendment of section filed 12-18-91 as an emergency; operative

12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be re-pealed by operation of law on the following day.

2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92 and filed 5-26-92 (Register 92, No. 22).

3. Editorial correction of subsection (c) (Register 95, No. 42).

4. Amendment of section and Note filed 4-24-2006; opera-tive 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).

3052. Health and Safety Standards.(a) Standards for sanitation shall meet the requirements set

forth in Health and Safety Code (H&SC) Sections 113945 through 114259.4 (California Retail Food Code (CFC)).

(b) An inspection of the food service area of each institution/camp shall be conducted at least once a year by the Department Food Administrator, Central Office, and/or a Department of Health Ser-vices’ Environmental Health Specialist.

(c) The institution head or their designee shall conduct sanitation inspections of the institution/camp kitchens at least once a month to ensure compliance with the standards set forth in this section.

(d) Cooks and culinary officers shall conduct daily sanitation inspections of all workers who handle food to ensure cleanliness, proper attire, and the absence of open sores or any condition that may contaminate food.

(e) No person shall be assigned to handle food until instructed on the standards for sanitation as set forth in CFC, and on all re-quirements of this section.

(f) Food handlers shall keep their hands and fingernails clean, wear nets or caps entirely covering their hair, wear clean garments, and conform to and comply with CFC. A hand washing require-ment sign shall be posted in each restroom used by on-duty food service workers.

(g) No inmate shall be assigned to the food service area until medically cleared to handle food.

(h) An inmate food handler with any condition which may contaminate food shall be referred to the medical department for examination and shall not return to work in the food service area until medically cleared.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Sections 113945 through 114259.4, Health and Safety Code.

HISTORY: 1. Amendment of section filed 12-18-91 as an emergency; operative

12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be re-pealed by operation of law on the following day.


3. Amendment of section heading, section and Note filed 9-12-95; op-erative 10-12-95 (Register 95, No. 37).

4. Amendment of subsections (a)–(c) and (e)–(f) and Note filed 4-24-2006; operative 4-24-2006 pursuant to Government Code sec-tion 11343.4 (Register 2006, No. 17).

5. Change without regulatory effect amending subsections (a), (e) and (f) and amending Note filed 12-18-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 51).

3053. food for Religious Events.(a) Inmate religious groups shall not be permitted more than

two events each year where foods with religious significance are provided by the institution in place of the regularly planned meal. These event meals must be approved and sponsored by a Chaplain. For the purposes of this article, Chaplain means a local Institution Chaplain, or their designee representing the religious group.

(b) A Chaplain shall decide the two religious events when religious meals are provided. The religious group’s request for cer-emonial foods shall be directed to the institution head, or designee by the Chaplain at least 30 days, but no more than 90 days before the event, and shall include the following:

(1) Date and location of the event.(2) Proposed menu.

lmarquez

Typewritten Text

APPENDIX D Exhibit 3A San Francisco Sheriff's Department California Code of Regulations, Title 15 Minimum Jail Standards (Revised 2008)

lmarquez

Typewritten Text

lmarquez

Typewritten Text

43

TITLE 15 DEPARTMENT OF CORRECTIONS AND REHABILITATION § 3054.3

(3) Number of inmates and/or guest to be served.(4) Specific ceremonial foods.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

HISTORY: 1. Renumbering and amendment of former section 3053 to section

3055 and adoption of new section 3053 filed 12-18-91 as an emer-gency; operative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.


3. Amendment of section heading and section filed 4-24-2006; op-erative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).

3054. Religious Diet Program.(a) Each institution shall make reasonable efforts, as required

by law, to accommodate those inmates who have been determined, pursuant to CCR, Title 15, subsection 3054.4(b)(1), to require a religious diet.

(b) Each institution shall provide ongoing religious awareness training for custody and food service staff, and anyone involved in the Religious Diet Program.

(c) Within an institution, religious meals shall not be restricted from inmates, based on their classification or housing placement. Inmates who are transferred shall have the ability to continue participating in their current Religious Diet Program at the re-ceiving institution, barring medical needs or other extraordinary circumstances.

(d) Medical diets shall take precedence over religious diets.(e) There shall be at least three distinct religious diet options:(1) Vegetarian.(2) Jewish kosher.(3) Religious meat alternate.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 5009 and 5054, Penal Code.

HISTORY: 1. New section filed 12-18-91 as an emergency; operative 12-18-91

(Register 92, No. 4). A Certificate of Compliance must be transmit-ted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.


3. Editorial correction of History Note 1 (Register 95, No. 9). 4. Renumbering of former section 3054 to new section 3056 and new

section filed 9-12-95; operative 10-12-95 (Register 95, No. 37). 5. Amendment of section heading, section and Note filed 4-24-2006;

operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).

6. Amendment of subsections (a), (c) and (e) and new subsection (e)(3) filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).

3054.1. Vegetarian Diet.Vegetarian meals shall be available at all institutions. Inmates

with determined religious, personal, or ethical dietary needs and showing a CDCR Form 3030-B (09/05), Religious Diet Card, which is incorporated by reference, shall be provided with an ap-proved vegetarian protein alternative(s), often from that same day’s scheduled meal.


HISTORY: 1. New section filed 4-24-2006; operative 4-24-2006 pursuant to Gov-

ernment Code section 11343.4 (Register 2006, No. 17).

2. Change without regulatory effect amending section filed 12-18-2007 pursuant to section 100, title 1, California Code of Regula-tions (Register 2007, No. 51).

3. Amendment section heading and section filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).

3054.2. Jewish Kosher Diet.(a) Jewish kosher meals shall be available at designated institu-

tions. Jewish inmates may participate in the program, as determined by a Jewish Chaplain.

(b) Jewish inmates with unmet kosher dietary needs may, when classification is appropriate, be considered for transfer to another institution that can provide the Jewish inmate with a kosher diet.

(c) Jewish inmates shall not give away, trade, or sell a sack meal. Doing so may result in a compliance violation of the Religious Diet Program Agreement.

(d) All institutions will adhere to standardized departmental Jewish kosher diet program menus and approved procedures for purchasing, preparing, and serving kosher meals.

(e) Observance of Passover constitutes a single religious event, requiring kosher for Passover foods to be provided during the eight days of observance.

(f) Each institution shall arrange for ongoing and appropri-ate training for all inmate workers, and custody and food service employees involved in the supervising, ordering, preparation, and serving of kosher meals.

(g) The Jewish kosher diet program shall be administered in ac-cordance with the provisions of this Article. A Jewish Chaplain shall:

(1) Determine inmate entry into the Jewish kosher diet program, oversee the program, and determine Jewish inmate compliance violations.

(2) Review each institution’s Jewish kosher diet program an-nually and provide results of the review to the Correctional Food Manager (CFM).



ernment Code section 11343.4 (Register 2006, No. 17). 2. Amendment of subsection (g)(2) filed 2-2-2010; operative 2-2-2010

pursuant to Government Code section 11343.4 (Register 2010, No. 6).

3054.3. Religious Meat Alternate Program.(a) Religious meat alternates (meat that has been certified as

halal) shall be available at all institutions. Muslim inmates may participate in the program, as determined by a Muslim Chaplain or designee Chaplain. Non-Muslim inmates with a religious dietary need may seek participation in the program by submitting to any appropriate Chaplain a CDCR Form 3030 (Rev. 08/09), Religious Diet Request, which is incorporated by reference, for determination by the Religious Review Committee (RRC).

(b) All institutions will adhere to standardized departmental halal meat alternates, and approved procedures for procuring and serving halal meats.

(c) Each institution shall arrange for ongoing and appropriate training for all inmate workers, custody, and food service em-ployees involved in the supervising, ordering, and serving of halal meats.

(d) The religious meat alternate program shall be administered in accordance with the provisions of this Article. A designee Chap-lain shall:

(1) Oversee the program and determine inmate compliance violations.

44

§ 3054.4 DEPARTMENT OF CORRECTIONS AND REHABILITATION TITLE 15

(2) Review each institution’s religious meat alternate program annually and provide results of the review to the Correctional Food Manager (CFM).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 383c, 5009 and 5054, Penal Code.


ernment Code section 11343.4 (Register 2006, No. 17). 2. Renumbering of former section 3054.3 to section 3054.4 and new

section 3054.3 filed 2-2-2010; operative 2-2-2010 pursuant to Gov-ernment Code section 11343.4 (Register 2010, No. 6).

3054.4. Participation in a Religious Diet Program.(a) Any inmate who claims to require a religious diet shall be

responsible for completing a CDCR Form 3030, Religious Diet Request, and submitting it to the appropriate institution’s Chaplain. No more than 30 calendar days shall pass from the day the Chaplain receives the completed CDCR Form 3030, Religious Diet Request, which results in a determination of program eligibility, to the day an accepted inmate begins receiving the religious meals requested.

(b) The Chaplain shall:(1) Interview the inmate to explain the three religious diet op-

tions, including what the meals consist of.(2) Determine the inmate’s religious diet eligibility, except that

the RRC shall determine the eligibility of a non-Muslim inmate to participate in the religious meat alternate program. When a non-Muslim inmate seeks the religious meat alternate program, the Chaplain shall forward the CDCR Form 3030, Religious Diet Re-quest, to the RRC for consideration.

(3) When religious diet program eligibility is determined, ex-plain the department’s Religious Diet Program Agreement.

(4) When applicable, have the inmate sign the CDCR Form 3030-A (Rev. 08/09), Religious Diet Program Agreement, which is incorporated by reference, the CDCR Form 3030, Religious Diet Request, and the CDCR Form 3030-D (Rev. 08/09), Religious Diet Program Cancellation Request, which is incorporated by reference. Document an inmate’s refusal to sign any religious diet departmen-tal forms.

(5) Complete and distribute the CDCR Form 3030, Religious Diet Request and/or the CDCR Form 3030-A, Religious Diet Pro-gram Agreement, within two working days.

(6) Notify the inmate of the decision in writing by copy of their CDCR Form 3030, Religious Diet Request.

(7) Enter pertinent information for each inmate approved to par-ticipate in a religious diet program onto a religious diet participant list within 24 hours of approval. Maintain, update the list every 30 days, and provide the CFM with a copy of the list of those in-mates who have been determined eligible to receive a religious diet, and which diet they will receive.

(8) Regularly monitor the religious diet lists with Food Service staff to ensure that all inmate religious diet program participants are served their religious dietary meals with minimal delay.

(9) Coordinate with the CFM to determine which dining area will provide the inmate his/her meals.

(10) Provide each approved inmate with a CDCR Form 3030-B, Religious Diet Card. Collect Religious Diet Cards that are no longer valid.

(11) Meet with inmates, giving them the opportunity to respond to allegation(s) of Religious Diet Program Agreement compliance violations, prior to making a determination of continuing eligibility.



ernment Code section 11343.4 (Register 2006, No. 17). 2. Renumbering of former section 3054.4 to section 3054.5 and re-

numbering and amendment of section 3054.3 to section 3054.4 filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).

3054.5. Monitoring for Religious Diet Program Inmate Compliance.

Any incident of an alleged inmate Religious Diet Program Agreement compliance violation shall be reported using CDC Form 128-B, General Chrono, citing CCR, Title 15, section 3054. All reports shall be sent to the appropriate Chaplain, who shall con-sult with the inmate, make the final determination of continuing eligibility, and complete a CDCR Form 3030-C (09/05), Religious Diet Program Agreement-Notice of Non-Compliance, which is incorporated by reference. A copy of the completed CDCR Form 3030-C shall be provided to the inmate.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code.



numbering of section 3054.4 to section 3054.5 filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).

3054.6. Meals Served to non-Inmates.The meal charge for state employees and persons other than

official guests in state-operated dining rooms maintained and oper-ated for inmates shall be $1.00 plus sales tax. The meal charge for institution-operated employee dining rooms shall be in accordance with this article.




numbering and amendment of section 3054.5 to section 3054.6 filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).

3054.7. Reimbursement for State Purchased food.Outside guests attending inmate banquets, luncheons, or other

special events where state-purchased food is provided shall be charged a minimum of $1.00 plus sales tax per meal, per guest. Funds collected in excess of $1.00 plus sales tax, for the event shall be accompanied by a statement, signed by a non-inmate representa-tive of the group, which reads: “We donate the sum of $_________ to the Inmate Welfare Fund.” If the cost of the meals exceeds the allowance of $1.00 per meal, an additional charge to the inmate group’s trust account shall be made in accordance with this article.


HISTORY: 1. Renumbering and amendment of former section 3054.6 to new sec-

tion 3054.7 filed 2-2-2010; operative 2-2-2010 pursuant to Govern-ment Code section 11343.4 (Register 2010, No. 6).

3055. Use of food.Inmates shall not steal, waste, or contaminate food or equipment

used in preparing, processing or serving food. Inmates shall not

45

TITLE 15 DEPARTMENT OF CORRECTIONS AND REHABILITATION § 3063

remove any food from the dining room, kitchen, or food storage areas except as specifically authorized by facility staff.

NOTE: Authority cited: section 5058, Penal Code. Reference: Section 5054, Penal Code.

HISTORY: 1. Renumbering and amendment of former section 3053 to section

3055 filed 12-18-91 as an emergency; operative 12-18-91 (Regis-ter 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.


3056. Meals Served to non-Inmates.Guests at an inmate banquet, luncheon or other special event

shall be charged for state-purchased food. If funds collected from the guests for a meal are not the same as the allowed cost per meal, any excess shall be donated to the Inmate Welfare Fund; any defi-ciency shall be charged to the inmate group’s trust account.

NOTE: Authority cited: section 5058, Penal Code. Reference: Section 5054, Penal Code; and Section 19822, Government Code.

HISTORY: 1. Renumbering of former section 3054 to new section 3056 filed

9-12-95; operative 10-12-95 (Register 95, No. 37).

Article 5. Personal Cleanliness

3060. Means.Institutions will provide the means for all inmates to keep them-

selves and their living quarters clean and to practice good health habits.

Comment: Former DP-1501, policy, general.

3061. Personal Hygiene.Inmates must keep themselves clean, and practice those health

habits essential to the maintenance of physical and mental well-being.

Comment: Former DR-1501, personal hygiene.

3062. Inmate Grooming Standards.(a) An inmate’s hair shall be clean, neatly styled, and groomed,

as specified in these regulations, when he/she is away from the im-mediate area of his/her quarters.

(b) An inmate’s hair shall have no lettering, numbering, or de-signs of any kind cut, shaved, dyed, painted or in any way placed in the hair or on the scalp or face of the inmate.

(c) An inmate shall not alter the appearance of his/her hair by changing its natural color.

(d) An inmate shall not possess a wig or hairpiece unless deemed medically necessary by the Chief Medical Officer and authorized, in writing, by the appropriate division of adult institutions’ associ-ate director.

(e) An inmate’s hair may be any length but shall not extend over the eyebrows, cover the inmate’s face or pose a health and safety risk. If hair is long, it shall be worn in a neat, plain style, which does not draw undue attention to the inmate.

(f) An inmate may possess and use approved hair holding de-vices based on Section 3190.

(g) An inmate with hairstyles, including but not limited to braids, cornrows, ponytails, or dreadlocks, shall be required to unbraid, undo, or take down their hair, as applicable for thorough inspections, as instructed by custody staff to ensure hair is free of contraband.

(h) Facial hair, including short beards, mustaches, and sideburns are permitted for male inmates and shall not extend more than one-half inch in length outward from the face.

(i) An inmate who is assigned to work in food preparation, pro-cessing or serving areas, and/or around machinery, or in high fire hazard areas, may be required, for safety and sanitation reasons, to further limit his/her grooming in order to properly wear such health and safety equipment as is deemed necessary by staff, including but not limited to, hair nets, safety head coverings, etc.

(j) An inmate’s fingernails shall not extend more than 1/4 inch beyond the tips of the fingers. Nails shall be neat and clean. Female inmates may be permitted to wear only clear nail polish.

(k) An inmate may not pierce any part of his/her body for the purpose of wearing an earring or other jewelry. A male inmate may not possess or wear earrings. A female inmate may wear authorized earrings with only one matching earring worn in each ear. An in-mate shall not possess or wear any type of jewelry or other object intended to be worn as a body piercing adornment.

(l) A female inmate may wear cosmetics that blend with or match the natural, non-ruddy skin tone. False eyelashes are not permitted.

(m) An inmate who fails to comply with these grooming stan-dards may be deemed a program failure, pursuant to Section 3062, subject to progressive discipline and classification committee re-view for appropriate housing and program placement. Physical force shall not be used to enforce compliance with these regula-tions, except as permitted by existing law or with a court order.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code, Warsoldier v. Woodford, Case No.: 04–55879, DC No. CV-04–02233-RSWL, (July 2005); and In re Corey Williams, Case No.: SC133840A, (February 2004).

HISTORY: 1. Amendment of section heading and section and new Note filed

10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Com-pliance must be transmitted to OAL by 3-25-97 or emergency lan-guage will be repealed by operation of law on the following day.

2. Editorial correction of subsection (e) (Register 98, No. 19). 3. Certificate of Compliance as to 10-16-97 order, including amend-

ment of subsection (m) and relocation and amendment of defini-tion of ”Program failure” from section 3000 to new subsection (n), transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).

4. Amendment of subsection (h)(2) filed 8-25-2000; operative 9-24-2000 (Register 2000, No. 34).

5. Repealer of subsection (n) filed 1-9-2004 as an emergency; op-erative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by op-eration of law on the following day.

6. Repealer of subsection (n) refiled 6-17-2004 as an emergency; op-erative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.


8. Amendment of section and Note filed 1-17-2006 as an emergen-cy; operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmit-ted to OAL by 6-26-2006 or emergency language will be repealed by operation of law on the following day.


3063. Tattoos.Inmates shall not tattoo themselves or others, and shall not per-

mit tattoos to be placed on themselves. Inmates shall not remove or permit removal of tattoos from themselves or others.

RFP #SHF2012-02 APPENDIX D EXHIBIT 3B

San Francisco Sheriff’s Department California Code of Regulations, Title 15 Minimum Jail Standards (Revised 2008)

2008 Adult Title 15 Regulations____________________________________________

2008 Adult Title 15 Regulations Effective 5/2009 6/2/096/2/2009 1:26:00 PM6/2/096/2/2009 1:26:00 PM 1 of 6

1230. Food Handlers The responsible physician, in cooperation with the food services manager and the facility administrator, shall develop written procedures for medical screening of inmate food service workers prior to working in the facility kitchen. Additionally, there shall be written procedures for education and ongoing monitoring and cleanliness of these workers in accordance with standards set forth in Health and Safety Code, California Retail Food Code. NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code. ARTICLE 12. FOOD 1240. Frequency of Serving. In Temporary Holding, Type I, II, and III facilities, and those Type IV facilities where food is served, food shall be served three times in any 24-hour period. At least one of these meals shall include hot food. Supplemental food must be served to inmates if more than 14 hours pass between meals. Additionally, supplemental food must be served to inmates on medical diets in less than a 14-hour period if prescribed by the responsible physician. A minimum of fifteen minutes shall be allowed for the actual consumption of each meal except for those inmates on medical diets where the responsible physician has prescribed additional time. Provisions shall be made for inmates who may miss a regularly scheduled facility meal. They shall be provided with a substitute meal and beverage, and inmates on medical diets shall be provided with their prescribed meal. NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code. 1241. Minimum Diet The minimum diet provided shall be based upon the nutritional and caloric requirements found in the 1999-2002 Dietary Reference Intakes (DRI) of the Food and Nutrition Board, Institute of Medicine of the National Academies, the 1990 California Daily Food Guide, and the 2005 Dietary Guidelines for Americans. Facilities electing to provide vegetarian diets, and facilities that provide religious diets, shall also conform to these nutrition standards. The nutritional requirements for the minimum diet are specified in the following subsections. A wide variety of food should be served.





(a) Protein Group. Includes beef, veal, lamb, pork, poultry, fish, eggs, cooked

dry beans, peas, lentils, nuts peanut butter and textured vegetable protein, (TVP). One serving equals 14 grams or more of protein, the daily requirement shall be equal to three servings. In addition, there shall be a requirement to serve a fourth serving from the legumes three days a week.

(b) Dairy Group. Includes milk (fluid, evaporated or dry; nonfat, 1% or 2% reduced fat, etc..), cheese (cottage, cheddar, etc.); yogurt; ice cream or ice milk; and pudding. A serving is equivalent to 8oz. of fluid milk and provides at least 250 mg. of calcium. All milk shall be pasteurized and fortified with Vitamins A and D. The daily requirement is three servings. For persons 15-17 years of age, or pregnant and lactating women, the requirement is four servings. One serving can be from a calcium-fortified food containing at least 250 mg. of calcium.

(c) Vegetable-Fruit Group. Includes fresh, frozen, dried and canned vegetables and fruits. One serving equals; ½ cup vegetable or fruit; 6 ounces of 100% juice; 1 medium apple, orange, banana, or potato; ½ grapefruit, ¼ cup dried fruit. The daily requirement of fruits and vegetables shall be five servings. At least one serving shall be from each of the following three categories:

(1) One serving of a fresh fruit or vegetable. (2) One serving of a Vitamin C source containing 30 mg. or more. (3) One serving of a Vitamin A source, fruit or vegetable, containing 200

micrograms Retinal Equivalents (RE) or more. (d) Grain Group. Includes bread, rolls, pancakes, sweet rolls, ready-to-eat

cereals, cooked cereals, corn bread, pasta, rice, tortillas, etc. and any food item containing whole or enriched grains. At least three servings from this group must be made with some whole grains. The daily requirements shall be a minimum of six servings.

Providing only the minimum servings outlined in this regulation is not sufficient to meet the inmates’ caloric requirements. Additional servings from the dairy, vegetable-fruit, and bread-cereal groups must be provided in amounts to meet caloric requirements. In keeping with chronic disease prevention goals, total dietary fat should not exceed 30 percent of total calories on a weekly basis. Fat shall be added only in minimum amounts necessary to make the diet palatable. NOTE: Authority cited: Section 6030, Penal Code, Reference: Section 6030, Penal Code.





1242. Menus. Menus in Type II and III facilities, and those Type IV facilities where food is served, shall be planned at least one month in advance of their use. Menus shall be planned to provide a variety of foods, thus preventing repetitive meals. Menus shall be approved by a registered dietitian before being used. If any meal served varies from the planned menu, the change shall be noted in writing on the menu and/or production sheet. Menus, as planned, including changes, shall be evaluated by a registered dietitian at least annually. NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code. 1243. Food Service Plan. Facilities shall have a written food service plan that shall comply with the applicable California Retail Food Code. In facilities with an average daily population of 100 or more, there shall be employed or available, a trained experienced food services manager to prepare and implement a food service plan. In facilities of less than an average daily population of 100 that do not employ or have a food services manager available, the facility administrator shall prepare a food service plan. The plan shall include, but not limited to, the following policies and procedures:

(a) menu planning; (b) purchasing; (c) storage and inventory control; (d) food preparation; (e) food serving; (f) transporting food; (g) orientation and ongoing training; (h) personnel supervision; (i) budgets and food cost accounting; (j) documentation and record keeping; (k) emergency feeding plan; (l) waste management; and (m) maintenance and repair.






1245. Kitchen Facilities, Sanitation, and Food Storage

(a) Kitchen facilities, sanitation, and food preparation, service, and storage shall comply with standards set forth in Health and Safety Code, Division 104, Part 7, Chapters 1-13, Sections 113700 et seq. California Retail Food Code.

(b) In facilities where inmates prepare meals for self-consumption or where frozen meals or pre-prepared food from other permitted food facilities (see Health and Safety Code Section 114381) are (re)heated and served, the following applicable California Retail Food Code standards may be waived by the local health officer:

(1) H & S Sections 114130-114141; (2) H & S Sections 114099.6, 114095-114099.5, 114101-114109, 114123,

and 114125, if a domestic or commercial dishwasher capable of providing heat to the surface of the utensils of a temperature of at least 165 degrees Fahrenheit, is used for the purpose of cleaning and sanitizing multi-service utensils and multi-service consumer utensils;

(3) H & S Sections 114149-114149.3 except that, regardless of such a waiver, the facility shall provide mechanical ventilation sufficient to remove gases, odors, steam, heat, grease, vapors and smoke from the kitchen;

(4) H & S Sections 114268-114269; and (5) H & S Sections 11427-114282.

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code. 1246. Food Serving and Supervision. Policies and procedures shall be developed and implemented to ensure that appropriate work assignments are made and food handlers are adequately supervised. Food shall be prepared and served only under the immediate supervision of a staff member. NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code. 1247. Disciplinary Isolation Diet.

(a) A disciplinary isolation diet which is nutritionally balanced may be served to an inmate. No inmate receiving a prescribed medical diet is to be placed on a disciplinary isolation diet without review by the responsible physician or pursuant to a written plan approved by the physician. Such a diet shall be served twice in each 24 hour period and shall consist of one-half of the loaf





(or a minimum of 19 oz. cooked loaf) described below or other equally nutritious diet, along with two slices of whole wheat bread and at least one quart of drinking water if the cell does not have a water supply. The use of disciplinary isolation diet shall constitute an exception to the three-meal-a-day standard. Should a facility administrator wish to provide an alternate disciplinary diet, such a diet shall be submitted to the Corrections Standards Authority for approval. (b) The disciplinary diet loaf shall consist of the following: 2-1/2 oz. nonfat dry milk 4-1/2 oz. raw grated potato 3 oz. raw carrots, chopped or grated fine 1-1/2 oz. tomato juice or puree 4-1/2 oz. raw cabbage, chopped fine 7 oz. lean ground beef, turkey or re-hydrated, canned or frozen Textured Vegetable Protein (TVP). 2-1/2 fl.oz. oil 1-1/2 oz. whole wheat flour ¼ tsp. salt 4 tsp. raw onion, chopped 1 egg 6 oz. dry red beans, pre-cooked before baking ( or 16 oz. canned or cooked red kidney beans) 4 tsp. chili powder Shape into a loaf and bake at 350-375 degrees for 50-70 minutes

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code. 1248. Medical Diets. The responsible physician, in consultation with the facility administrator, shall develop written policies and procedures that identify the individual(s) who are authorized to prescribe a medical diet. The medical diets utilized by a facility shall be planned, prepared and served with consultation from a registered dietitian. The facility manager shall comply with any medical diet prescribed for an inmate. The facility manager and responsible physician shall ensure that the medical diet manual, which includes sample menus of medical diets, shall be available in both the medical unit and the food service office for reference and information. A registered dietitian shall review, and the responsible physician shall approve, the diet manual on an annual basis. Pregnant women shall be provided a balanced, nutritious diet approved by a doctor. NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.





ARTICLE 13. INMATE CLOTHING AND PERSONAL HYGIENE 1260. Standard Institutional Clothing The standard issue of climatically suitable clothing to inmates held after arraignment in all but Court Holding, Temporary Holding and Type IV facilities shall include, but not be limited to:

(a) clean socks and footwear; (b) clean outer-garments; and (c) clean undergarments;

(1) for males-shorts and undershirt, and (2) for females-bra and two pairs of panties.

The inmates’ personal undergarments and footwear may be substituted for the institutional undergarments and footwear specified in this regulation. This option notwithstanding, the facility has the primary responsibility to provide the personal undergarments and footwear. Clothing shall be reasonably fitted, durable, easily laundered and repaired. NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code. 1261. Special Clothing Provisions shall be made to issue suitable additional clothing, essential for inmates to perform such special work assignments as food service, medical, farm, sanitation, mechanical, and other specified work. NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code. 1262. Clothing Exchange There shall be written policies and procedures developed by the facility administrator for the scheduled exchange of clothing. Unless work, climatic conditions, illness, or California Retail Food Code necessitates more frequent exchange, outer-garments, except footwear, shall be exchanged at least once each week. Undergarments and socks shall be exchanged twice each week. NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.

RFP #SHF2012-01 APPENDIX D

EXHIBIT 4 San Francisco Sheriff’s Department

Available Diets Below are listed the types of diets that may be ordered by Jail Medical Health Services: Therapeutic Diets (May be ordered by Jail Medical Health Services)

1. Regular Diet/Cardiac Diet: Low fat, low sodium, low cholesterol. Approximately 3000 mg. sodium per day and lower fat and cholesterol levels than the regular meal. The goal of this diet is to limit total fat to no more than 30% of calories and saturated fats to no more than 10% of calories.

2. Support 1: (high calorie, high protein for malnutrition), 600-700 additional calories, 25 to 35 grams of protein and 60 mg. of Vitamin C above the regular menu. (additional milk provided for a total of 32 ounces (4 cups) daily), additional evening snack of 2 slices bread, 3 oz. meat and condiments, plus one fresh fruit (not citrus or tomato as not well tolerated).

3. Pregnancy: Pregnancy diets will always include a hot breakfast and an evening snack consisting of a sandwich, milk, and non-citrus fruit of the nutritional equivalent.

4. Diabetic: (1500, 1800, 2000, 2500, 2800, 3000 calorie levels). 5. Renal: Restricted protein, sodium and potassium diet. Diet is approximately 2000mg sodium and

2500 mg potassium. Marginal in some minerals and vitamins. 6. Low-gluten Diet: (for confirmed, diagnosed celiac disease only).

Food Allergy or Intolerance Diets (May be ordered by Jail Medical Health Services

7. Food Allergy or Intolerance Diets: This may be to address a single allergy or multiple allergies. All efforts are undertaken to accommodate inmate allergies, which may include, but are not limited to: Tomato, Eggs, Citrus, Peanut Butter, Soy

8. Lactose Intolerance Modified Diets (May be ordered by Jail Medical Health Services)

9. Dental Soft 10. Blenderized Diet (broken jaw) 11. Full Liquid 12. Clear Liquid

Religious (May be ordered by Jail Religious Services). 13. Kosher

Personal Preference Diet (May be requested by inmates through Deputies).

14. Vegan

P-590 (9-03) D-1

APPENDIX D

EXHIBIT 5

San Francisco Sheriff’s Department Kitchen Equipment Inventory

County Jail #4: 1 - Freezer with 4 shelves located in the laundry area 1 - Refrigerator – 2 door located in the ODR 4 - Walk-in Coolers 1 - Dishwasher/Tray washer 1 - 4-Compartment steamer 1 - Hobart Floor Mixer with attachments 1 - Hobart Rotary chopper 4 - Steam Kettles with floor grates 2 - 4-hole Mobile Floor Carts 3 - 3-hole Mobile Food Carts 2 - Convection Ovens – Electrical Ovens 6 - Shelving/Racks 1 - WHS Freezer 15 - Tray Carts 14 - Dunnage Racks 2 - 2 Microwave Ovens 1 - Toaster 1 - Bunn Coffee Machine located in ODR at County Jail #1 1 - Superior Coffee machine 2 - Grills 3 - Warmers 1 - Ice Making Machine 6 - Metal Tables on rollers 1 - Metal Table without rollers 3 - Meat Slicers 18 - 40 gallon garbage bins 7 - Meal Tray Stackers 1 - Metal stepladder with 3 steps 1 - Plastic step stool Kitchen Office 5 - Metal 4-drawer Filing Cabinets 2 - Metal 2-drawer Filing Cabinets 3 - Executive Chairs with arm rests 2 - Metal folding chairs 1 - Metal 4-shelf bookcase 2 - Office desks, 1 metal and 1 wood

P-590 (9-03) D-1

County Jail #2 (Currently closed) 2 - Welbilt Varimixer 1 - Hobart Small Mixer 1 - Hobart Floor Mixer 3 - Weight Scales 1 - Hobart Rotary Chopper 2 - Vulcan Ovens 1 - Vulcan Steamer 2 - Food Warmers 2 - Steam Kettles with floor grates 1 - Vulcan 4-Burner 2 - Vulcan Grills 1 - Freezer with 5 Shelves 2 - Walk-in Coolers with 9 shelves 1 - Hobart Electric Slicer 1 - Chefmate Electric Slicer 1 - Victory Refrigerator 1 - Manitowoc Ice Machine 2 - American Ware 2-Chamber Coffee Urns 1 - Stere Dishwasher 7 - Shelving Racks 6 - Bread Racks 6 - Baker Racks 1 - National Conveyor Food Conveyor 15 - Portable Liquid Containers 1 - Portable Food Warmer 3 - Food tray carts 6 - Flat carts 1 - Serving Table 7 - Stainless Steel Tables 1 - Pallet Jack 1 - Blodgett Combi Steamer 2 - Crescor Food Warmers ODR Kitchen Offices 4 - Microwaves 2 - 2 drawer Filing Cabinets 1 - Soup Warmer 1 - 4 drawer Filing Cabinets 1 - Bunn Coffee Machine 2 - Bookcases 1 - Toaster 2 - Tables 1 - Frigidaire Refrigerator 1 - Desk 1 - True Cooler 4 - Waste Baskets 1 - Salad Bar and Food Warmer Combo

P-590 (9-03) D-2

P-590 (9-03) D-3

County Jail #5 5 - Kolpak Walk-in Units 49 - Portable Carts 5 - Portable Racks 1 - Hobart Pulper with water press 1 - Hobart Flight Type Dishwasher 1 - Manitowoc Ice Machine 1 - Hobart Food Processor 1 - Hobart Slicer 3 - Portable Work Tables 1 - Hobart Vertical Cutter/Mixer 1 - Buffalo Chopper 1 - Hobart Receiving Scale 2 - Cleveland 100 gallon Stationary Kettles 1 - Cleveland 80 gallon Stationary Kettle 1 - Cleveland 60 gallon Stationary Kettle 1 - Cleveland 40 gallon Stationary Kettle 1 - Cleveland Convection Steamer 5 - Jade 6’ Griddle Ranges with Double Convection Oven Base 4 - Hobart Double Stack Convection Ovens 1 - Hobart 80 qt. Mixer 2 - Bevles Mobile Heated Cabinets 1 - Gates Gravity Tray Conveyor 2 - Cooks Security Tool Lockers 2 - Refrigerators (Peps) 2 - Hot Water Dispensers 1 _ Coffee Maker (Bunn)

APPENDIX E

Page 1 of 8 Custody Operations : E-02

POLICY: It is the policy of the San Francisco Sheriff's Department to ensure persons who provide health service, food service, legal, religious, and other necessary and/or community services to the prisoners have a method of obtaining an approved clearance to enter jail facilities.

PURPOSE: To provide criteria for maintaining the integrity and security of the jail while

allowing persons providing authorized service to prisoner's access to the jail facility.

DEFINITIONS: Administrative Jail Clearance: A clearance provided to an individual who

requires limited access to jail facilities for the purpose of conducting repairs to equipment, job interviews, jail tour approved by the Sheriff, client interviews, and other legitimate reasons as deemed appropriate by the Facility Commander. An administrative jail clearance has an expiration date and is provided after a warrant check and intended for a specified period of time only.

Attorney: An officer of the court authorized to practice law in the State of

California. Attorney Representative: Any person designated by the attorney of record as a

legal representative of that attorney, including, but not limited to, private investigators, legal paraprofessionals, legal interns, interpreters, psychiatrists, and physicians.

Permanent Jail Clearance: a clearance provided by the department after a

thorough warrant check and fingerprints check. Such a clearance is provided to individuals who are authorized to provide a continuing service for the department or who require on going clearance as a condition of their employment. This clearance has an expiration date and must be renewed periodically.

E-02

September 1, 1993 January 2004

Custody Operations

Jail Clearances

Policy / Procedure #

Date Issued: Date Revised:

Approved by:

Chapter:

SUBJECT:

SAN FRANCISCO SHERIFF’S DEPARTMENT

POLICY AND PROCEDURE

Jail Clearances

Private Investigator: A private investigator licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services Division.

Private Investigator Representative: any person designated by a licensed private investigator to provide services to prisoner clients in the jail.

PROCEDURE I. General

A. Criminal history checks are completed on persons requesting admittance to the jail facility to ensure the safety of the Sheriff's staff, prisoners, facilities and operations.

B. Commissary and Food Service Contractors, community service providers, and the

Department of Public Health are required to obtain Permanent Jail Clearance cards for their employees in a timely manner.

C. Other persons issued Permanent Jail Clearance cards are required to get timely

replacements as their cards near their expiration date. D. Administrative Jail Clearances must be requested at least 48 hours prior to the

date of admittance is needed. E. The Facility Commander and/or the Watch Commander can approve

Administrative Jail Clearances at the Facility level. F. The Custody Division Commander can approve Administrative Jail Clearances

for all jail facilities. G. The Sheriff's Department reserves the right to query criminal justice information

systems on any person entering the jail facility for any reason consistent with legal requirements.

H. The Jail Clearance Officer is responsible for completing the Permanent Jail

Clearance process for appropriate persons.

II. Sheriff's Department Employees

A. Uniformed and non-uniformed Sheriff's employees will be issued official Sheriff's Department identification cards.

B. Uniformed and non-uniformed Sheriff's employee identification cards will have

an expiration date.


Jail Clearances

C. The uniformed Sheriff's employee identification card will indicate the level of peace officer powers approved for the employee.

D. The non-uniformed Sheriff's employee identification card will indicate the

employee to be a non-sworn employee.

E. All Sheriff's employee identification cards will be worn on the outermost clothing whenever the employee is in a jail facility and/or not in uniform.

1. Identification cards that are clipped on to the outer most clothing must be

in the upper left quadrant of the body.

2. Identification cards may also be worn in a plastic pouch secured by a lanyard around the neck.

III. Official Business Clearances

A. Representatives of other law enforcement agencies, local probation departments, state and federal parole agencies, assistant district attorneys, assistant public defenders, and deputy city attorneys may enter a jail facility at anytime, except for posted hours for prisoner count and change of watch, without a Permanent Jail Clearance or an Administrative Jail Clearance.

1. Uniformed representatives must have an employee's identification card on

their person to verify their employment.

2. Non-uniformed representatives must present a valid credential issued by their agency identifying the bearer as a person in one of the above categories and wear their own identification card on their outermost clothing while in the jail facility in the manner described in Section II, D, 1 and 2.

3. The District Attorney's Office and the Public Defender's Office may

provide the Sheriff's Department with a current list of active attorneys and investigators to be kept at all entrances to jail facilities to expedite their access to the jail.

4. Staff on these lists must be able to provide picture identification when

requested.

B. Representatives from the Department of Social Services may enter the jail facility from 0800 to 2130 Hrs. except for posted hours for prisoner count and change of watch, for the purpose of interviewing clients without a Permanent Jail Clearance or an Administrative Jail Clearance.


Jail Clearances

1. The representative must have a employee identification card identifying the bearer as an employee with the Department of Social Services.

2. The representative may conduct interviews only and will not be permitted

access to any housing area.

C. Other representatives from state or city departments may be permitted into a jail facility from 0800 to 2130 Hrs, except for posted hours for prisoner count and change of watch, without a Permanent Jail Clearance or Administrative Jail Clearance with the approval of the Custody Division or Facility Commander.

1. The representative must have a picture identification card to verify

identity.

2. If the identification card is an employee identification card, the representative may wear that identification card on the outermost clothing while in the jail facility.

3. If the identification card is a driver's license or official state identification

card, the representative must surrender that identification card and exchange it for a Temporary Jail Clearance card until such time as he or she leaves the jail facility.

4. In all cases, the representative is not permitted access to any housing area

unescorted.

IV. Attorney, Attorney Representatives, and Private Investigators

A. Attorneys may enter any jail facility by presenting an active Bar Association card and valid picture identification at anytime, except for posted hours for prisoner count and change of watch.

B. Attorneys who present expired Bar Association cards may be permitted into the

jail at the discretion of the Watch Commander or as directed by the Facility Commander.

C. Attorney representatives may enter any jail facility from 0800 to 2130 Hrs, except

for posted hours for prisoner count and change of watch, for the specific purpose of interviewing a prisoner represented by their employing attorney.

D. Attorney representatives must present a letter on official letterhead introducing

the bearer as a legal representative of the attorney of record and with a notation; the bearer is to interview a specific prisoner.

1. The letter must provide the following identifying information about the

legal representative:


Jail Clearances

a. Full name b. Date of Birth

c. California driver's license number or other valid picture identification information

d. Capacity in which the representative is visiting the prisoner 2. The letter must also contain the name of the prisoner being interviewed.

3. The legal representative should carry the original letter or a copy of this letter with him/her to insure timely admission into the jail.

4. The letter will only be valid while the prisoner is in custody or up to one

year, whichever occurs first.

5. The attorney of record may issue a new letter for the legal representative, if contact is still necessary.

6. A copy of the most current letter will remain at the jail facility. E. A licensed Private Investigator may enter any jail facility from 0800 to 2130 Hrs,

except for posted hours for prisoner count and change of watch, with two pieces of license identification by the Department of Consumer Affairs.

1. Private Investigator licenses are issued by the Department of Consumer

Affairs, Bureau of Security and Investigative Services Division.

2. In the top right hand corner of the license is the Seal of the State of California.

3. In the top left hand corner of the license is the emblem of the Department

of Consumer Affairs.

4. One license identification card has a green and white background, the license number and expiration date in the middle of the card, and no picture.

5. The other identification card has a picture of the licensed investigator and

the license number.

6. The private investigator must be in possession of both cards for entry into the jail.


Jail Clearances

F. Private investigator representatives may enter any jail facility from 0800 to 2130 hrs, except for posted hours for prisoner count and change of watch, for the specific purpose of interviewing a prisoner represented by the employing private investigator.

G. Private investigator representatives must present a letter on official letterhead

introducing the bearer as a representative of the private investigator and with a notation; the bearer is to interview a specific prisoner.

H. Private Investigators must provide the same information required for legal

representatives as listed in Section D.1-6 above. I. Every legal representative and private investigator representative is subject to a

criminal justice information system query prior to entering a jail.

V. Other Types of Clearances

A. News media representatives may be allowed into a jail facility under the procedures set forth in "Public Information Plan".

B. If questions arise about admitting news media representatives, the questions

should be referred to the Sheriff's Chief of Staff or Public Information Officer.

C. Religious representatives will be allowed to interview a member of their congregation upon request from 0800 to 2130 Hrs, except for posted hours for prisoner count and change of watch, if they provide picture identification.

D. Religious representatives may use an interview room if one is available.

E. Volunteers providing ongoing services to the jail population may be directed to apply for a permanent jail clearance if their volunteer activity requires frequent and ongoing admittance into a jail facility.

F. Any other person with a Jail Clearance card may enter any jail facility from 0800

to 2130 Hrs, except for posted hours for prisoner count and change of watch.

VI. Administrative Jail Clearances

A. Any Sheriff's contractor or service provider or Jail Health Services staff my request an Administrative Jail Clearance for a specific individual with a specific reason for entering the jails for a specific period of time.

B. When requesting an Administrative Jail Clearance, the request must include the

following: 1. The name of the organization or department requesting the clearances.


Jail Clearances

2. The full name of the person requiring the clearance 3. Date of Birth 4. Ethnicity and Gender 5. Social Security Number

6. Valid California driver's license number or other valid picture identification card number

7. Specific purpose of visit C. This information must be faxed to County Jail #3 at least 48 hours prior to the

scheduled admittance to the jail.

VII. Denial of Jail a Clearance

A. A Permanent Jail clearance or Administrative Jail Clearance will be denied if any of the following is determined while conducting a complete criminal justice information system query.

1. Falsified any document or statement on the application form 2. An unverifiable address 3. No valid picture identification 4. Currently on active probation or parole

5. Convicted of a drug related, weapons related, gang-related, or violence related felony within the last three years from the date of the application or any other felony within one year of the date of the application or, if no convictions, has an extensive criminal record (5 or more arrests) with drugs or violent crimes within the previous five (5) years.

6. Any felony charges pending adjudication 7. Released from county jail within the last year or state prison within the

last two years at the time of the application, pursuant to serving a sentence upon a conviction of a crime or parole violation.

8. Outstanding warrants, felony, or misdemeanor, in or outside of California.


Jail Clearances


B. Traffic warrants must be paid and proof of payment must be provided before a clearance is approved.

C. A Permanent or Administrative Clearance may be suspended or revoked if there is

written documentation of violations of jail rules and/or Department rules and regulations including, but not limited to:

1. Introduction of contraband, including tobacco or tobacco products

2. Sexual contact, consensual or not, within the jail, or any physical contact including, but not limited to, hugging, kissing, etc.

3. Use of jail access for purely social, non-business purposes; or 4. A violation of any federal, state, or local law

D. The Facility Commander or designee may authorize the termination of a visit or interview if inappropriate conduct is observed.

E. The Facility Commander or designee may deny a jail clearance for any other

articulable reason that indicates a possible threat to the security of the jail facility

VIII. Revocation of a Jail Clearance

A. When a Permanent or Administrative Jail Clearance is revoked, the Jail Clearance Officer will send out a notice for posting in all jail facilities.

B. The Permanent Jail Clearance card will be confiscated from the individual. IX. Appeal of Revocation of a Jail Clearance

A. If a Jail Clearance is revoked at the Jail Facility level, the matter may be appealed to the Facility Commander of that jail facility.

B. If the Facility Commander revokes the Jail Clearance, the matter may be appealed

to the Custody Division Commander. C. The individual may appeal any decision to the Undersheriff or Assistant Sheriff. D. The last level of appeal is with the Sheriff and the Sheriff's decision is final.

City and County of San Francisco

OFFICE OF THE SHERIFF

Michael Hennessey

SHERIFF

415 – 554 – 7225

CITY HALL RM 456 • 1 DR CARLTON B GOODLETT PL • SAN FRANCISCO CA 94102–4676 • TEL 415-554-7225 • FAX 415-554-7050 • www.sfgov.org/sheriff

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RFP #SHF2012-01

Inmate Meal Service APPENDIX F

REFERENCE REQUESTS FOR RFP#SHF2012-01, INMATE MEAL SERVICE

The responses will be used in the proposal evaluation and have a value of up to six (6) points. . (See Section B. Selection Criteria, Item #3.i. located on page 30 of 39). 1. PROPOSER SUBMITTING REFERENCE INFORMATION: 2. AGENCY PROVIDING REFERENCE, CONTACT PERSON, EMAIL ADDRESS and PHONE NUMBER: ___________________________________________________] ___________________________________________________ ___________________________________________________ Signature of reference provider: (If scan and attachment not emailed with signature, then email address will suffice.) Question One: Please state approximately how often, in a one year period; inmate meal delivery is late by over 30 minutes. Question Two: Please state approximately how often, in a one year period, the temperature of inmate delivered meals is below the requirement. Question Three: Does your meal provider conduct a yearly inmate satisfaction survey? Question Four: What is your monthly estimate of inmate grievances related to food and food service? Question Five: What is the estimate of monthly billing disputes, and is there a process in-place to provide resolution? Question Six: On a scale of 1 to 10, with the most favorable being 10, how would you rate your inmate meal provider?

Question Seven: Please provide the strengths and weaknesses of your Inmate Meal Service Provider. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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APPENDIX G

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Documents

City and County of San Francisco Request for Proposals # ...mission.sfgov.org/OCA_BID_ATTACHMENTS/FA22913.pdf · Professional Services Contracts, for cont acts $29,000 and over document