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HomeMy WebLinkAbout21-106 EOC Mentoring.ARPP Agreement signed.pdfA G R E E M E N T THIS AGREEMENT (“Agreement”) is made and entered into this eighth day of April, 2021 (“Effective Date”), by and between the COUNTY OF FRESNO, a political subdivision of the State of California, ("COUNTY"), and Fresno County Economic Opportunities Commission a California private nonprofit corporation, whose address is 1920 Mariposa Street, Suite 300, Fresno, CA 93721, ("CONTRACTOR"). W I T N E S S E T H: W HEREAS, COUNTY’s Probation Department (Probation) has developed the Adult Reentry Planning Program (ARPP), which has the goal of facilitating successful reentry into the community after incarceration; WHEREAS, Probation has funds available from the Board of State Community Corrections’ Justice Assistance Grant (JAG) to contract with a vendor to provide mentoring services to ARPP participants; WHEREAS, Probation is in need of mentoring services for individuals male and female, 18-30 years of age, who have been committed to the Fresno County Jail for a minimum of sixty days and/or are on current probation supervision, affiliated or previously affiliated with a gang, and at a medium or high-risk to reoffend; WHEREAS, COUNTY issued Request for Proposal (RFP) Number 21-002 and Addendum Number One (collectively, the “RFP”), which solicited proposals from qualified vendors to provide the aforementioned services; WHEREAS, CONTRACTOR responded to such RFP, and represents it is willing and able to provide such mentoring services to COUNTY as provided herein; and WHEREAS, COUNTY and CONTRACTOR desire to enter into this Agreement so that CONTRACTOR may provide such mentoring services to COUNTY ARPP participants. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: 1. OBLIGATIONS OF THE CONTRACTOR -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P-21-106 A. CONTRACTOR shall provide services as described in detail in the Scope of Work, attached as Exhibit “A” and incorporated by this reference. 2. OBLIGATIONS OF THE COUNTY A. COUNTY shall compensate CONTRACTOR for satisfactorily provided services, as provided under Section 5. “COMPENSATION/INVOICING” of this Agreement. B. A copy of this Agreement shall be retained and made available during the term of this Agreement by Probation. 3. TERM The term of this Agreement shall be for a period of three (3) years, commencing upon the Effective Date, through and including the last day of the three-year period. 4. TERMINATION A. Non-Allocation of Funds - The terms of this Agreement, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. B. Breach of Contract - The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 1) An illegal or improper use of funds; 2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to the COUNTY; 4) Improperly performed service. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon demand. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by COUNTY or CONTRACTOR by giving thirty (30) days advance written notice of an intention to terminate to the other party. 5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation at the hourly rate of $44.60 not to exceed the annual compensation amount of $40,000 as set forth in Exhibit “E”. CONTRACTOR shall submit mon thly invoices in triplicate to the County of Fresno Probation Department, 3333 E. American Avenue, Suite B, Fresno, CA 93727. In no event shall compensation paid for services performed under this Agreement exceed $120,000 during the term of this Agreement. It is understood that all expenses incidental to CONTRACTOR's performance of services under this Agreement shall be borne by CONTRACTOR. 6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. 7. MODIFICATION: Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. 8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. 9. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under this Agreement. Conversely, COUNTY agrees to indemnify, save, hold harmless, and at CONTRACTOR'S request, defend the CONTRACTOR, its officers, agents, and employees from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to CONTRACTOR in connection with the performance, or failure to perform, by COUNTY, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of COUNTY, its officers, agents, or employees under this Agreement. The provisions of this Section 9 shall survive termination of this Agreement. 10. INSURANCE Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under this paragraph is effective whether or not CONTRACTOR obtains such an endorsement. Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, stating that such insurance coverage -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that for such worker’s compensation insurance the CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be issued by admitted insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 11. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement. If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the California State Auditor for a period of three (3) years after final payment under contract (Government Code Section 8546.7). 12. NOTICES: The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY CONTRACTOR COUNTY OF FRESNO Fresno County Economic Opportunities Chief Probation Officer Commission 3333 E. American Ave 1920 Mariposa St., Suite 300 Fresno, CA 93725-9248 Fresno, CA 93721 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All notices between the COUNTY and CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 13. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. 14. DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status to operate as a corporation. Members of the CONTRACTOR’s Board of Directors shall disclose any self -dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit F and incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 immediately thereafter. 15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the CONTRACTOR and COUNTY with respect to the subject matter hereof, and supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement. Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CONTRACTOR:  FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION By: ____________________________ Print Name: Emilia Reyes __________ Title: Chief Executive Officer _______ Date: April 2, 2021________________ COUNTY OF FRESNO By: Gary Cornuelle, Purchasing Manager Date: FOR ACCOUNTING USE ONLY Fund/Subclass: 0001/10000 Organization: 3432 1975 Account: 7295 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A 1 Adult Reentry Planning Program Mentoring Services SCOPE OF WORK The Contractor will provide mentoring services to participants in the Adult Reentry Planning Program (AARP). The participants in the ARPP are individuals male and female, 18 – 30 years of age, who have been committed to the Fresno County Jail for a minimum of sixty days and/or are on current supervision, affiliated or previously affiliated with a gang, and at a medium or high-risk to reoffend. Mentoring is one of the supportive services offered to AARP participants. The goal of these mentoring services is to work in conjunction with the Probation Department, a case manager, and family members to prepare the participants for life after release from custody, so that they can lead productive lives and not re-enter the criminal justice system. The case manager and Deputy Probation Officer (DPO) will utilize the STRONGER assessment for each of the participants. This assessment uses principles that are evidence-based interventions corresponding to the risk to re-offend, targeting the individual’s criminogenic needs, which have proven to reduce recidivism and use interventions that address the participant’s abilities and motivation. The assessment and case plan will result in the identification of such critical factors as Job Training/Employment, Education, Substance Abuse Treatment, Life/Coping Skills, Mental Health Services, Antisocial Cognitions, Family/Marital Relations, Leisure/Recreational Activities, Housing, and Food Security, among others. The Contractor shall provide mentoring services as follows: • The mentoring program will accommodate a caseload of up to 40 participants at any given time. • The mentoring program will have a humanistic and mindfulness approach. • The mentor may address such issues as anxiety, depression, self-confidence, relationships, parenting, abuse related trauma, and PTSD-type reactions. • The mentor will provide an approach which is conversational, empathetic, non- judgmental, compassionate, and individualized. Mentors will instill hope and optimism in a safe and supportive environment, while facilitating positive change and personal growth. • Mentors will create a safe space for the participants to be open and honest. • Mentors will participate in a multi-disciplinary team to include, but not limited to, the case manager, DPO, and family members. The team will meet routinely, which will be considered as one of the required weekly sessions. The team will meet two weeks prior Exhibit A 2 to each participant’s release from custody to review the transition plan and make any necessary changes. The team will continue to meet as required. • Mentors will be available multiple times during the week to meet in the community with the participant as needs arise. Minimum Qualifications The Contractor shall have an adequate management structure and supervisory capability to oversee the mentoring services. Jail clearances will be determined by the jail officials using the criteria in the attached Exhibits B-D. The Probation Department will complete background clearances on Contractor’s employees. RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 1 of 15 EFFECTIVE DATE: 07-02-90 REVISED: 10-13-92, 12-25-94, 06-04-95, 04-01-96, 10-01-97, 11-01-98, 09-01-99, 05-01-01, 02-01-02, 11-01-02, 03-01-04, 03-01-07, 01-01-12 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Business and Professions Code Section 6450; Penal Code Sections 825(b), 825.5, 4570.5, 4571, 4575(a) and 11105; and California Code of Regulations, Title 15, Section 1068. PURPOSE: The purpose of this policy is to provide consistent criteria for the secure access of professional visitors into the Jail facilities, utilizing only those restrictions necessary to maintain security of the facility and the protection of staff, inmates and the public. POLICY: It is the policy of the Fresno County Sheriff’s Office Jail Division to allow professional visitors who have cleared a criminal background investigation to enter the facility for the purpose of conducting official business. PROCEDURES: I. DEFINITIONS A. CONTACT INTERVIEW: Communication between an inmate and an individual with no physical barriers. B. DEFENSE EXPERTS: A person with special skills or knowledge representing mastery of a particular subject who is assisting in the preparation of an inmate’s legal defense. C. EXCLUSION: An administrative action by a Bureau Commander to bar, for cause, a person from entering a facility of the Sheriff’s Office, when in the normal conduct of business, that person would otherwise be permitted to RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 2 of 15 enter. D. NON-CONTACT INTERVIEWS: Communication between an inmate and an individual with physical barriers in place preventing physical contact. E. PROCESS SERVER: Person authorized by law (e.g., the Sheriff) to serve process papers on defendants. F. PROFESSIONAL VISITOR: A person who provides a professional service to an inmate (e.g., attorneys, social workers, law enforcement officials and other authorized professionals). G. SOCIAL SERVICE AGENCY: Philanthropic agencies, intended to promote social well-being. Such agencies include, but are not limited to, staff from the Department of Social Services, Salvation Army, Fresno Rescue Mission, Spirit of Women, WestCare, and county and state Health Department investigators. II. CRITERIA FOR ADMISSION INTO THE FACILITY A. All persons seeking approval for admission into the Jail facilities shall complete an Application for Authorization to Enter the Fresno County Detention Facility (J-154) form to include personal information, job duties, the reason necessary for Jail clearance, and an admonishment that the person agrees to an investigation into their background. Applicants must: 1. Agree and submit to fingerprinting for the purpose of obtaining a criminal history check. 2. Agree to have their photograph taken for purposes of producing an identification card and reference database file. 3. Pay the fingerprint and background processing fees ($52). The fees are non-refundable and will not be returned if the application is denied. B. With the exception of medical and mental health staff, all applicants are required to submit a letter from their employer with their application, to include the name, signature and telephone number of their immediate supervisor. The office assistant assigned to process identification cards shall be responsible to verify the authenticity of the employer’s letter. RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 3 of 15 1. Law clerks, certified law students, unlicensed investigators, and paralegals shall produce a letter from the attorney or partner from the office they represent indicating their full-time employment by that firm. a. Paralegals are also required to submit a certificate of completion of a paralegal program or a resumé outlining their qualifications under Business and Professions Code Section 6450(c). b. Certified Law Students are also required to submit a certificate of registration as a certified law student from the State Bar. 2. Interpreters shall be required to produce a letter from the office of the attorney, courts, law firm, or interpreter service that they represent indicating their full-time employment as an interpreter. 3. Applicants from outside services require a letter from their supervisor. 4. Applicants from Alcoholics Anonymous require a letter from the Hospital and Institution Committee (their actual employers are probably not aware of their association, due to the confidential and sensitive nature associated with AA). C. Licensed private investigators and self-employed owners of businesses must furnish a copy of their current license at the time of their application. The copy of the license shall be retained on file with the application. D. When a Defense Expert needs consultation accommodations in order to assist in the preparation of an inmate’s legal defense, the inmate’s attorney shall contact the Watch Commander in advance by letter. The letter shall note the date and time of the requested visit(s). If applicable, documents in support of the claim that the defense expert is covered by the regulations as provided for under Penal Code Section 825.5 shall be included with the letter. A copy of the expert’s license or license number shall suffice as proof of licensure. The letter should reach the Watch Commander sufficiently in advance of the desired date to permit scheduling of available staff and facilities for the consultation. One (1) week advance notice is desired. The Watch Commander shall ensure that the special request is entered in OffenderTrak (PERSON/REQUEST). 1. Defense experts covered under PC 825.5 requiring multiple interviews (more than two) may, at the discretion of the Jail Operations Bureau RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 4 of 15 Commander, be subjected to an investigation of their criminal history and personal background. This process requires that they have their fingerprints taken, and complete and submit the written application. 2. The licenses of physicians, psychiatrists and psychologists can be verified through the Verification Unit of the Medical Board of California during normal business hours at (916) 263-2382 or (800) 633-2322. E. All applicants shall be approved prior to their entrance into the facility and may not be approved under any of the following circumstances: 1. If they have been convicted of a felony, or any crime involving moral turpitude, or carrying or possessing a dangerous weapon. 2. If they have ever been charged with a felony or are under investigation for a felony. 3. If they are charged with or convicted of any crime committed in or at a correctional institution. 4. If they are currently on parole or probation or are a sentenced inmate at any correctional facility. 5. If they have been refused a license as a private investigator or had such license revoked. 6. If, in their application, they have fraudulently represented themselves, their credentials, their employment or their criminal or arrest record. 7. If they have made omissions or false statements on their application for admission. 8. If they have no valid business for entering the facility. 9. If their admission represents a threat to institutional security and/or staff or inmate safety. F. Individuals approved for Jail clearance from select groups (e.g., medical staff, mental health staff, food services staff, program facilitators, volunteers, work crew leaders) shall be required to attend a mandatory RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 5 of 15 “Non-sworn Personnel Security Orientation and Training” class prior to their admittance into any Jail facility. The orientation shall include a discussion of the facility/inmate rules pertaining to inmate contact, contraband and security. G. If any attorney or other individual presents a court order to any correctional officer which orders someone access into any Jail facility, and there is no prior Watch Commander or Bureau Commander approval for their admittance, the officer shall advise the individual that there is a standing order not to follow such orders, on the advice of County Counsel. The staff member shall contact the Watch Commander for direction. H. Psychiatrists and psychologists appointed by the court who are ordered to conduct psychiatric or psychological testing on behalf of the court shall present a copy of the court order and show proper identification. A letter from the inmate’s attorney is not required. [This differs from the previously discussed court order (subsection G) in that this court order is being performed at the behest of the court, not another individual (e.g., attorney).] I. Any person (including any attorney, peace officer, or probation officer) who is approved to conduct contact interviews with inmates and who is later found not to meet the criteria under any of the above listed reasons, is subject to have their interview privileges with inmates restricted or revoked by the Jail Operations Bureau Commander. J. The appeals process available to persons who have had their access revoked or restricted is described under Section IV of this policy. III. THE APPROVAL PROCESS A. Each application shall be reviewed by either the Offender Programs Manager (OPM) or the designated Lieutenant (as applicable) for recommendation for approval or disapproval. The Lieutenant/OPM will also recommend the appropriate level of contact the person shall receive. B. Each application shall then be reviewed by the designated Bureau Commander for final approval or disapproval. The Bureau Commander will have the discretion to approve with reasonable restrictions, any applicant who does not meet the criteria for admission (e.g., restricting an applicant to RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 6 of 15 non-contact interview rooms). C. If approved, the applicant will be notified to pick up their identification card. 1. If the applicant is required to attend the mandatory security orientation and training class, they will be provided with a brochure notifying them of the next available orientation session. The new personnel will be required to attend the next scheduled session. If they fail to do so, their Jail access will be suspended until they complete the mandatory training. 2. The application, notice of approval and any supporting documentation shall be scanned and retained on file. D. Should an individual be disapproved or have their access restricted, they and/or their employer shall be notified in writing of the disapproval, the reasons for the disapproval or restriction, (including, if applicable, all criminal history information) and notification of their right to appeal. IV. THE APPEAL PROCESS A. If an applicant is disapproved or has their access permanently or temporarily restricted and they wish to appeal the finding, they or their employer may respond in writing to the Jail Operations Bureau Commander within five (5) working days. The written response shall include reasons for the appeal and any documentation in support of the appeal. B. If an appeal is filed, the Bureau Commander may meet with the applicant, and if appropriate, the applicant’s employer. C. The Bureau Commander will consider the appeals and any documentation provided concerning the approval, restriction, or appeal. The review shall be completed within ten (10) working days following receipt of the written appeal and/or the meeting. The written notice of the results of the appeal will be mailed to the appellant. D. Should an applicant be disapproved or have their access permanently or temporarily restricted and that action is sustained by the Bureau Commander after their appeal, the applicant may feel that surrounding circumstances mitigating the basis for their disapproval have changed. In RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 7 of 15 such cases, the applicant may present such changed or mitigating circumstances to the Sheriff for his/her consideration. The applicant’s reasons shall be in writing. E. In addition, the applicant may request to meet personally with the Sheriff to discuss their application. Upon review of the circumstances, the Sheriff may, at his/her discretion, determine that the applicant be approved or that the restriction remain in place. V. LEVELS OF CONTACT AND ACCESS A. Professional visitors who are allowed facility and inmate access without being subjected to the background screening process include, but are not limited to: peace officers, federal investigators and attorneys. A full listing of persons who do not require background screening can be found in Addendum A. 1. Consular officials and persons classified as “law enforcement” or “peace officers” are required to display either their departmental identification or a Jail Visitor’s Pass in a conspicuous place while inside the facility. 2. Attorneys must provide positive proof of identity (i.e., photo ID) and current active registry with the State Bar Association (i.e., a bar card) in order to interview an inmate. A Visitor’s Pass will be exchanged for their photographic identification card, which must be worn in a conspicuous place while inside the facility. B. Professional visitors who are issued GREEN Jail identification cards are permitted contact interviews. This category includes County and contract service personnel (e.g., medical staff, chaplains, JPS, etc.). A full listing can be found in Addendum B. C. Employees from organizations that have been contracted to provide services for the inmates, and employees of public, private or government agencies who require inmate access to perform their duties are issued BLUE Jail identification cards. Persons in this category are allowed direct RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 8 of 15 contact with the inmates in designated program and interview areas within the Detention Facilities. They are NOT allowed access to the housing units. This category includes Public Defender Investigators, U.S. Pre-Trial Services Officers, paralegals and licensed private investigators. A full listing can be found in Addendum C. D. Professional visitors who are issued YELLOW Jail identification cards are NOT permitted contact interviews unless they are accompanying another person with inmate contact clearance (e.g., the inmate’s attorney, a doctor performing court ordered evaluations, a correctional officer, etc.). If they are not accompanied by another person with inmate contact clearance, they are restricted to interviewing inmates in the non-contact interview areas. This category includes: law students, interpreters, clerks, unlicensed investigators, process servers (who are not employed by the Sheriff or the District Attorney) and notaries. A full listing can be found in Addendum D. E. Program facilitators and educators who meet with inmates in group settings are issued WHITE Jail identification cards. Such persons must have a bona fide reason for entering the facility and are prohibited from communicating with inmates at times other than those designated for meetings. (Refer to Addendum E.) F. Religious and AA/NA volunteers who meet with inmates in group settings are also issued WHITE Jail identification cards. However, these persons may provide additional non-contact AA/NA sponsor or pastoral care visits. Individual visits shall be limited to thirty-minutes and be documented via OffenderTrak. 1. An INTERVIEW event shall be initiated for all non-contact interviews. 2. The full name of the volunteer and their affiliation shall be noted in the DESCRIPTION field. G. Social service agency employees are issued RED Jail identification cards. Their interviews are limited to non-contact interview areas. Exceptions to the non-contact policy may be made for select individuals whose particular duties require physical contact with inmates. Exceptions will be minimal and the numbers of interviewers who are allowed contact will be determined by the Jail Operations Bureau Commander. (Refer to Addendum F.) RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 9 of 15 H. On-duty, uniformed contract workers and repairmen whose access is restricted to the Main Jail 2nd floor (i.e., administrative and medical areas) are not issued Jail identification cards. Their professional identification shall be verified by the officer who allows them entry into the facility. This category includes U.S. Postal Carriers, equipment repairmen and medical suppliers. (Refer to Addendum G.) I. Prospective employees and visitors must exchange their personal identification for a Jail Visitor’s pass. (Refer to Policy and Procedure section D-350/Detention Facility Tours [FILE: TOURS].) J. The ORANGE colored identification badges issued to persons for entry into the courthouse are NOT acceptable clearance for entry into the Jail facilities. VI. PROPER IDENTIFICATION A. Any allowable form of identification which does not contain a picture of the individual seeking admission (i.e., bar card, police badge) shall require a verification of the individual’s identification by the presentation of some other form of pictured identification. B. Acceptable forms of identification are limited to: 1. A valid DMV or other State-issued Driver’s License or Identification Card with picture. 2. A valid United States Armed Forces identification card with picture. 3. A valid Passport with picture. 4. Foreign consulate picture identification cards (e.g., Matricula Consular de alta Seguridad (MCAS) issued by the Mexican Consulate). 5. Identification card issued by the United States Department of Justice or the United States Citizenship & Immigration Services (USCIS) with picture (includes Permanent Resident Cards – formerly known as Alien Registration or “Green” Card). C. Persons who do not possess proper identification who insist upon being allowed entry shall be promptly referred to a Sergeant. If the Sergeant is not RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 10 of 15 able to resolve the problem, a Watch Commander shall be notified for resolution of the situation. D. All forms of identification (e.g., Jail-issued identification card, Jail Visitor’s pass, or other accepted identification card or badge) must be worn in a conspicuous place while inside the facility. VII. FACILITY ACCESS A. All professional visitors not employed by the Sheriff’s Office are required to enter and leave the Jail through the facility lobbies. B. All County and contract service providers (e.g., commissary and food services) are required to enter and leave the Jail through the facility lobbies or through the designated staff entrances (e.g., the back entrances into the North and Main Jails). 1. No other entrances shall be utilized. This precludes the use of the bailiff entrance, the South Annex ‘M’ Street Visitor’s entrance, the maintenance loading dock, or any secured emergency door. 2. The only exception shall be made for Building Maintenance personnel when working in an assigned area, or when entering or exiting the South Annex Maintenance shop. C. The tunnels shall not be utilized by Jail identification card holders to move between Jail facilities, with the exception of individuals who possess either a GREEN or WHITE Jail identification card. VIII. FACILITY RULES FOR INTERVIEWERS A. Any violation of the following rules may subject the interviewer’s access to be immediately terminated and their future access to the facility restricted based on the circumstances. Those who have been disqualified shall only be allowed the privilege of interviews within the facility with the prior written approval of the Jail Operations Bureau Commander. 1. Interviews with inmates must be for legitimate purposes. A professional visitor who has a pre-existing relationship with an inmate shall be required to utilize the Jail’s visiting process in order to contact the RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 11 of 15 inmate. Professional visitors shall not utilize their access privileges to the Jail for the purpose of contacting relatives and/or personal acquaintances. 2. It is prohibited to communicate with or interview inmates other than those for whom contact has been granted. 3. Professional visitors must be dressed appropriately. Visitation will not be permitted if the visitor is dressed in a manner that violates the visitor’s dress code (refer to Addendum H). 4. Professional visitors may not use their cellular telephones or other personal electronic devices within the secure areas of the facility, nor allow inmates to use them. 5. Unnecessary physical contact with inmates is prohibited. Professional visitors may offer a handshake as a way of greeting or saying goodbye to an inmate, but shall refrain from kissing, hugging, holding hands, etc. 6. Professional visitors are restricted to those areas of the facility necessary to complete their interviews. 7. Professional visitors shall follow the directions of correctional officers at all times. 8. Professional visitors shall show respect to all staff members. 9. Professional visitors shall not provide inmates with anything other than written or printed legal material which has been previously presented to correctional staff for inspection. 10. Professional visitors are responsible for the proper care and retention of their Jail-issued identification cards. The cards shall not be altered in any way. The loss of the card shall be immediately reported to the Jail Operations Bureau Commander, or their designee. 11. Professional visitors shall not damage or remove any County property from the facility. 12. Professional visitors shall not institute, aid or encourage any violation of RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 12 of 15 law or facility rules by inmates or others who enter the facility. 13. Professional visitors shall not solicit money or favors from correctional officers, inmates, or their families. 14. Professional visitors shall not aid in the escape or attempted escape of any inmate from custody. 15. Professional visitors shall not provide weapons or information concerning weapons to inmates. 16. Professional visitors shall not engage in any activity considered to be a threat to staff, inmate, or public safety or institutional security. 17. Professional visitors under the influence of alcoholic beverages, narcotics or other drugs, or exhibiting irrational behavior for any reason will not be allowed to visit or remain on County property. B. Non-contact interviewers who require an inmate’s signature on legal material are encouraged to utilize the U.S. Postal Service or the inmate’s attorney for such purposes. Exceptions may be made only with the prior approval of the Watch Commander. IX. ABUSE OF RULES LEADING TO REVOCATION OF ACCESS A. All persons covered by this policy are subject to having their access to the Jail facilities revoked or restricted based upon the results of their background investigation or for violating any Jail rule or regulation. B. When a Jail Division staff member has reasonable suspicion to believe that a professional visitor has violated any rules of the institution, they shall bring it to the attention of a Sergeant. C. The Sergeant may meet with the observing Jail Division staff member and the professional visitor to determine the accuracy of the allegation and refer their findings to the Watch Commander. D. If the Watch Commander finds sufficient cause to sustain the allegation, the person may be temporarily barred from access to the facility. The Watch Commander may order a temporary exclusion pending investigation or RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 13 of 15 verification of information leading to such conclusions and/or pending an appeals process initiated by the person or their employer. E. The Watch Commander shall prepare a written report of the incident and the reasons for the allegation and forward a copy to the Jail Operations Bureau Commander. F. The Jail Operations Bureau Commander may take administrative action to restrict the professional visitor from the facility. 1. The term exclusion as used in this section describes an administrative action by the Jail Operations Bureau Commander to bar, for cause, a person from entering a facility of the Sheriff’s Office, when in the normal conduct of business, that person would otherwise be permitted to enter. Persons subject to being barred for cause include but are not limited to an inmate’s attorney, representatives acting on behalf of an attorney, representatives of the news media, delivery persons, and employees of the Sheriff’s Office and other County component agencies. 2. An order for exclusion from an institution or other facilities of the Sheriff’s Office shall be based upon a determination by the Jail Operations Bureau Commander on one or more of the following: a. The person’s presence in the facility presents a serious threat to security. b. The person is charged with a felony. c. The person is under investigation for a felony committed on facility property. d. The person’s purpose for entering the facility is no longer valid or has been lawfully terminated. e. The person has committed an act that jeopardizes the life of a person, or violates the security of the facility. f. The person has participated in sexual activity inside the facility. G. If the exclusion order affects an inmate’s attorney, an immediate telephone notification will be made to the Assistant Sheriff. RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 14 of 15 H. The accused interviewer shall have five (5) days to respond, in writing, to the Jail Operations Bureau Commander. The Bureau Commander shall reply within an additional five (5) working days to either affirm or reject the finding of the rule violation. In reviewing the allegation(s) and response, the Bureau Commander may conduct their own investigation. I. The right to appeal and the rules to be applied are delineated in Section IV of this policy. X. LOST, MISPLACED OR STOLEN IDENTIFICATION CARDS A. All persons issued Jail identification cards are responsible for the proper care and retention of their ID cards. 1. Identification cards shall not be altered in any way. 2. The loss of an identification card shall be immediately reported to the Jail Operations Bureau Commander, or their designee. B. In order to facilitate replacement of a lost, stolen or misplaced identification card, a letter from the person’s employer is required (to include the telephone number and signature of the supervisor). 1. The office assistant assigned to process identification cards shall be responsible to verify the authenticity of the employer’s letter (i.e., confirm that the employee is, in fact, still employed). 2. The letter shall be scanned into the person’s database file. XI. RENEWAL PROCESS A. The Sheriff’s Office does not send expiration reminder notices. It is each individual’s responsibility to renew their Jail identification card prior to expiration. B. Jail identification cards normally have a one-year expiration date. Prior to the expiration of the pass, and as part of the renewal process, the individual must submit a new letter from their employer, confirming their continued employment. 1. The letter shall include the name, signature and telephone number of the employer. RFP 21-002 EXHIBIT B FRESNO COUNTY SHERIFF’S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION NO: D-205 AND RESTRICTIONS FILE: INMATE ACCESS Page 15 of 15 2. Self-employed professionals must furnish a copy of their current license at the time of renewal. 3. A copy of the letter and/or license shall be retained on file with the application. 4. The office assistant assigned to process the applications shall be responsible to perform a local warrant check prior to renewing the identification card. C. If the identification card expired more than six (6) months prior, the applicant must reapply for a new identification card. A new application must be completed and the individual must pay the $52 processing fees. XII. REVOCATION OF CLEARANCE A. It is the employer’s responsibility to retrieve the employee’s Jail identification card at the time of employment severance. The employer shall advise the Jail Operations Bureau Commander in writing of the change in employment, and return the Jail-issued identification card to the office assistant assigned to process identification cards. B. The office assistant shall be responsible to: 1. Complete a No Longer Interested Form to be forwarded to the Department of Justice. 2. Transfer the folder to the “Inactive” file. 3. Modify and delete the person’s IDMaker Data Entry screen. RFP 21-002 EXHIBIT C JAIL DIVISION POLICIES AND PROCEDURES ADDENDUM F TITLE: FACILITY ACCESS: CRITERIA, IDENTIFICATION AND RESTRICTIONS NO: D-205 INMATE ACCESS – Passes – Addendum F - Red Persons representing the following social service agencies will routinely be limited to non-contact interview areas. 1. Department of Social Services (Fresno County) 2. Court-contracted program assessors 3. Office of Conflict Defense Investigators (when working on conflict cases only) 4. Salvation Army 5. Other social service agencies (as determined by the Jail Operations Bureau Commander). Includes, but is not limited to: • Assessment, Training & Research (ATR) • Central Valley Regional Center (CVRC) • Evangel Home • Fresno Rescue Mission • Hope Now for Youth • Maroa Home • Sierra Tribal Consortium • Spirit of Women • Turning Point • WestCare RED JAIL ID CARDS – NON-CONTACT VISITS RFP 21-002 EXHIBIT D Fresno County Sheriff’s Office Jail Division Policies and Procedures Addendum D-205H/Visitor Dress Code NO: D-205H Page 1 of 1 VISITOR DRESS CODE Visitors are expected to dress appropriately. Inappropriate attire will be reason to deny a visit. Visitor dress rules apply equally to male and female visitors. Visitors shall remain fully clothed when visiting. Appropriate attire includes undergarments; a dress or blouse/shirt with skirt/pants or shorts; and shoes or sandals. Visitors shall adhere to the following dress standards: • Shoes or sandals shall be worn at all times. • Buttons, snaps, and zippers shall remain fastened. • All shorts, skirts, and dresses, including slits in the garment, shall not expose more than three (3) inches above the knee when standing. This applies to all visitors regardless of age. PROHIBITED ATTIRE Sleepwear and bedroom slippers Swimwear Clothing that: • Exposes the breast/chest area, genitals or buttocks. Tops must cover the entire trunk of the body. Anyone wearing clothing considered to be too revealing will not be allowed to visit. This includes bodybuilding tank tops, halter tops, belly shirts or crop tops, racer or backless tops, strapless or “spaghetti” strap tops, wide armhole sleeveless tops, and low necklines. • By design, or by the manner in which it is worn, allows the anatomical detail of body parts to be clearly viewed (e.g., Spandex, Lycra, clothes with holes in inappropriate places, or excessively tight clothing). • Are sheer or transparent (including see-through lace and mesh materials). • Attire or accessories displaying obscene/offensive language, drawings, or objects. • Promotes violence, hate, drug use, sex acts or gangs. Includes any attire or accessories displaying any type of gang insignia, gang artwork, or any affiliation with gangs. Any other clothing, garment, or accessory that when compared to the expressly specified standards above would warrant disapproval. Rev. 12/19 Exhibit E Adult Reentry Planning Program Mentoring Services Project Budget Maximum Annual Compensation Amount Year 1 $40,000 Year 2 $40,000 Year 3 $40,000 Total $120,000 Exhibit F SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: “A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest” The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1)Enter board member’s name, job title (if applicable), and date this disclosure is being made. (2)Enter the board member’s company/agency name and address. (3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a.The name of the agency/company with which the corporation has the transaction; and b.The nature of the material financial interest in the Corporation’s transaction that the board member has. (4)Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5)Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Exhibit A (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to): (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: Date: