HomeMy WebLinkAboutAgreement A-22-454 First Amendment to Agreement.pdf Agreement No. 22-454
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 October 11, 2022 and is between Sierra Education and Research Institute, a California
4 non-profit agency ("Contractor"), and the County of Fresno, a political subdivision of the State of
5 California ("County").
6 Recitals
7 A. On October 22, 2019, the County and the Contractor entered into Agreement with Sierra
8 Education and Research Institute (SERI), which is County agreement number 19-547
9 ("Agreement"), for clinical psychologist(s) to provide behavioral health coordination and
10 treatment services to incarcerated youth or youth at risk of incarceration and/or out of home
11 placement, with the assistance of interns.
12 B. County desires to improve tracking of data and outcome measures to enhance the
13 quality of services being provided to the youth.
14 C. The County and the Contractor agree that improved documentation of services can lead
15 to accurate statistics for recidivism rates within the Juvenile Justice Campus ("JJC"), allowing
16 Probation to track the proficiencies and deficiencies in the programming and provide better
17 quality control for services provided to the youth.
18 D. County also desires to update the Agreement to include the current policies for vendors
19 servicing the Juvenile Justice Campus.
20 The parties therefore agree as follows:
21 1. Section (1)F of the Agreement, located at Page 2, lines 4 through 7, is deleted in its
22 entirety, and replaced with the following:
23 "F. The Contractor, including its personnel/interns, must review and comply with the
24 Department's Hostage Situation Policy, as well as the Department's JJC Manual Policy
25 for Vendors, Volunteers and Student Interns (Exhibit B). The Contractor must adhere
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to all JJC policies and Department policies; any changes or updates to such policies.
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Current Departmental policies can be reviewed here:
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1 https://www.co.fresno.ca.us/departments/probation/policy-manuals"
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2. Exhibit A is deleted, and replaced with the attached new Exhibit A, incorporated by this
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reference, and made a part of the Agreement.
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3. Exhibit B is deleted, and replaced with the attached new Exhibit B, incorporated by this
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reference, and made a part of the Agreement.
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4. The Contractor represents and warrants to the County that:
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a. The Contractor is duly authorized and empowered to sign and perform its obligations
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under this Amendment No. 1.
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b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
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authorized to do so and his or her signature on this Amendment No. 1 legally binds
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the Contractor to the terms of this Amendment No. 1.
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5. The parties agree that this Amendment No. 1 may be executed by electronic signature
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as provided in this section.
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a. An "electronic signature" means any symbol or process intended by an individual
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signing this Amendment No. 1 to represent their signature, including but not limited
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to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
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(3) an electronically scanned and transmitted (for example by PDF document)
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version of an original handwritten signature.
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b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed
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equivalent to a valid original handwritten signature of the person signing this
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Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
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any administrative or judicial proceeding, and (2) has the same force and effect as
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the valid original handwritten signature of that person.
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c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
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subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
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2, Title 2.5, beginning with section 1633.1).
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Type text here
1 d. Each party using a digital signature represents that it has undertaken and satisfied
2 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
3 through (5), and agrees that each other party may rely upon that representation.
4 e. This Amendment No. 1 is not conditioned upon the parties conducting the
5 transactions under it by electronic means and either party may sign this Amendment
6 No. 1 with an original handwritten signature.
7 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
8 all of which together constitute the Agreement.
9 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
10 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
11 effect.
12 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
SIERRA EDUCATION AND RESEARCH COUNTY OF FRESNO
4 INSTITUTE
5 _ L OkL
6 '�-wa--g Brian Pacheco Chairman of the Board of
Jana P ce-Sharps, President and Clinical Supervisors of the County of Fresno
7 Director
Attest:
8 5730 N. First St., Suite 105-503 Bernice E. Seidel
Fresno, CA 93710 Clerk of the Board of Supervisors
9 County of Fresno, State of California
10
By: _
11 Deputy
12 For accounting use only:
13 Org No.: 0001
Account No.: 10000
14 Fund No.: 34309999
Subclass No.: 7295
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4
Exhibit A
Services
Services shall be provided to minors incarcerated in all Juvenile Justice Campus Pods,
Detention and Commitment, as designated by the Chief Probation Officer or his designee.
Responsibilities of the Behavioral Health Coordinator (BHC) will include, but not be limited to:
1. Provide a minimum of 120 hours, and a maximum of 231.5 hours, of Behavioral Health
Coordination services each month for the duration of the Agreement, not to exceed
2,778 hours for any one-year period.
2. Maintain a database of all cases referred for the Behavioral Health services and
capacity to provide statistical data to Probation upon request.
3. Evaluate comprehensive mental health assessments of the youth and their families to
determine whether they are eligible for linkage to other behavioral health or supportive
services.
4. Assess each youth's educational needs, which may include identification of youth who
are eligible for special education services.
5. Present the written mental health assessment findings, including psychological,
behavioral, social, familial, and educational issues, to the Mental Health Services Team
upon completion.
6. Coordinate overall assessment, treatment planning, and disposition of each youth.
7. Provide mental health treatment, including psychotherapy, case management, and
rehab services, including but not limited to: Life Skills Group Sessions, Anger
Management, Interpersonal Relationships, Leadership Skills, Media Group
(motivational films), Reinforcement Group (motivational/therapeutic activities to
reinforce good behavior), Art Group, Sex Offender Psycho Education Treatment, and
individual services to youth in the Juvenile Justice Campus (JJC). A monthly written
summary of each evidence-based program curriculum provided shall be submitted by
the 15th of the following month to Probation Contracts(@fresnocountyca.gov. A template
for the summary is provided below in Table 1.
8. 40% of the contracted hours shall be spent in direct face-to-face services to youth.
9. Develop outcome standards, track outcomes, and provide written reports of data
analysis. Contractor shall provide Probation with monthly written reports on the
outcomes and data analysis of individual youth, and provide any other reports
requested by the Probation Department. Reports shall be submitted by the 15th of the
following month to ProbationContracts(a�fresnocountyca.gov. A template for the
summary is provided below in Table 1.
10.Work collaboratively with JJC staff in facilitating and implementing cognitive behavioral
modification programming.
11.Work collaboratively with other agencies providing mental health and substance abuse
treatment at the JJC.
A-1
Exhibit A
12.Crisis intervention for youth and staff.
13.Staff training and other relevant duties as identified by the Chief Probation Officer or his
or her designee.
A-2
Exhibit A
Table 1
SERI
DATE:MONTHNEAR Clinician Education Level Housing Unit #Of Youth Requested #Of Youth Referred #of Youth Declined #of Youth Serviced Types of Services Received Duration Hours Being Delivered
Group()
Individual( )
A-3
Exhibit B
Fresno County Subject: Hostage Situations
CampusJuvenile Justice
Policy Number: 326.0
Policy Manual Page: 1 of 2
Date Originated: April 1, 2004
Authority: Title 15; Section 1327; Date Revised: February 1, 2008
California Code of Regulations
It is imperative for the safety and security of all persons within Juvenile Justice Campus (JJC)
facilities, as well as for those in the community, that minors are not allowed to leave the secure
confines of the facilities by the taking of a hostage(s). If successful in securing a release
through these means minors would be much more likely in the future to use this practice again
in an attempt to escape the confines of the facilities. This would put those visiting and working
at the JJC at higher level of risk and would jeopardize the safety of the community if the minor
was in fact successful in securing his/her release.
The JJC is a "no-hostage" facility. This means that minors will not be released from custody
under any circumstances due to the taking of a hostage(s). Any staff person taken hostage, no
matter what their rank or status, immediately loses their authority and any orders issued by that
person will not be followed.
I. HOSTAGE SITUATION PROCEDURES
A. If any minor(s) and/or other person(s) in the facility attempt to hold any person hostage,
and they do not respond to verbal commands to stop staff will immediately notify the
Watch Commander. He/she will respond to the location and assess the situation. If a
hostage situation is in progress the Watch Commander will:
1. Summon assistance from other officers as required.
2. Establish a secure perimeter around the hostage takers and allow no one to pass
into it for any reason without authorization. Risks should not be taken that might
allow the taking of additional hostages.
3. Evacuate all non-essential persons at the scene to a safe location or any housing
pod that is not directly involved in the incident.
4. Direct officers to place minors in uninvolved housing pods in their rooms and have
them remain there until directed otherwise. Minors outside of housing pods will
remain in place under officer supervision until it is safe to return to their respective
housing pods or any housing pod that is not directly involved in the incident.
5. Immediately notify the Director or the Probation Services Manager/Assistant Director
in his/her absence and confer with higher authority as to action to be taken.
Administration in turn will notify the Chief.
B. The Fresno Sheriff's Dispatch Center (488-3111) will be notified immediately and a
request for a trained hostage negotiator and other emergency personnel will be made
as needed. Prior to the arrival of the Sheriff Department's hostage negotiator the
Watch Commander will attempt to ascertain:
B-1
Exhibit B
Subject: Hostage Situation
Policy #: 326.0 Page 2 of 2
1. The number and identity of both the hostages and hostage takers;
2. Any known weapons possessed by the hostage takers;
3. The demands of the hostage takers.
C. The Watch Commander will retain and direct departing custody officers, as well as,
available Probation peace officer staff to assist with security and safety needs, as
necessary. Additional Juvenile Correctional Officers should be called in as may be
needed to insure the safe and secure operation of the facility.
D. The Watch Commander will coordinate with the Sheriff's Department all activities taken
to resolve the hostage situation, including the use of appropriate force, and will maintain
control of the facility until relieved of that duty by the presence of a Probation Services
Manager/Assistant Director, Director, or the Chief Probation Officer.
E. Once the hostage situation has been resolved the minors involved should be housed in
the most secure setting available and all appropriate charges should be filed.
F. Each officer and/or non-sworn staff member who was involved or observed the incident
will complete an incident report and if required, the appropriate critical incident
evaluation report(s) regarding the details of the incident prior to the end of his/her shift.
(See Incident Report, located in JAS Probation View, under "Word Templates".)
G. The Watch Commander will prepare a Critical Incident Investigation Report, using the
Critical Incident Evaluation Report - Page 2 report form and the critical incident
evaluation report(s) completed by the reporting persons at the time of the incident.
II. PARENTAL AND MEDIA INFORMATION
A. Attempts will be made at the direction of Administration to reach the families of the
hostages to advise them of the situation. Notification will also be made to the parents
of the hostage takers as deemed appropriate.
B. All media inquiries will be referred to the Chief's office per departmental policy.
III. SECURITY AND OPERATIONAL REVIEW
A. Once the incident has been resolved a team will be established to conduct a security
and operational review of the incident. The review will be conducted within 2 days of
the resolution of the incident. The review team will be comprised of the facility
administrator and/or facility Director, Probation Services Manager/Assistant Director
and Supervising Juvenile Correctional Officers who are relevant to the incident. The
team will review the circumstances leading up to the incident and any necessary
corrective action necessary to insure that such an incident does not repeat itself.
B-2
Exhibit B
as Fresno County Probation Department
' •• Juvenile Justice Campus Manual
Vendors, Volunteers and Student Interns
308.1 PURPOSE AND SCOPE
This policy establishes guidelines for using Juvenile Justice Campus vendors, volunteers, and
student interns, to supplement and assist Department personnel in their duties. Vendors and
volunteers are members who can augment Department personnel and help complete various
tasks.
308.1.1 DEFINITIONS
Definitions related to this policy include:
Student intern - A college, university, or graduate student gaining practical experience in a
chosen field while performing services for the Department under supervision.
Vendor- An individual representing a company, outside agency, or non-profit organization, who
is assigned to one of our facilities, performs a service for the Department, and may receive
compensation for services rendered.
Volunteer-An individual who performs a service for the Department without promise,expectation,
or receipt of compensation for services rendered. This may include unpaid chaplains and student
interns.
308.2 POLICY
The Fresno County Probation Department shall ensure that vendors, volunteers and student
interns are properly appointed, trained, and supervised to carry out specified tasks and duties in
order to create an efficient Department and improve services to the community.
308.3 ELIGIBILITY
Requirements for participation as a vendor, volunteer or student intern for the Department may
include but are not limited to:
(a) Being at least 18 years of age.
(b) Possession of liability insurance for any personally owned equipment, vehicles, or
animals utilized during volunteer or student intern work.
(c) No conviction of a felony, any crime of a sexual nature or against children, any crime
related to assault or violence, any crime related to dishonesty, or any crime related to
impersonating a law enforcement officer.
(d) Ability to meet physical requirements reasonably appropriate to the assignment.
(e) A background history and character suitable for a person representing the Department,
as validated by a background investigation.
The Chief Probation Officer or the authorized designee may allow exceptions to these eligibility
requirements based on organizational needs and the qualifications of the individual.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-39
Published with permission by Fresno County Probation B-3
Department
Exhibit B
Fresno County Probation Department
Juvenile Justice Campus Manual
Vendors, Volunteers and Student Interns
308.4 RECRUITMENT, SELECTION, AND APPOINTMENT
The Fresno County Probation Department shall endeavor to recruit and appoint only those
applicants who meet the high ethical, moral, and professional standards set forth by this
Department.
308.4.1 RECRUITMENT
Volunteers and student interns are recruited on a continuous basis consistent with Department
policy on equal opportunity, nondiscriminatory employment terms. A primary qualification for
participation in the application process should be an interest in and an ability to assist the
Department in serving the public.
Requests for volunteers and student interns should be submitted in writing by interested
Department members to the Personnel Unit through the requester's immediate supervisor. A
complete description of the volunteer's or intern's duties and a requested time frame should
be included in the request. All Department members should understand that the recruitment of
volunteers and student interns is enhanced by creative and interesting assignments.
Vendors are recruited/selected in accordance with the Fresno County Purchasing Office contract/
agreement process.
308.4.2 SELECTION
Vendor, volunteer and student intern candidates shall successfully complete this process before
appointment:
(a) Submit the appropriate written application.
(b) Current TB skin test (completed within the last 6 months).
(c) Successfully complete an appropriate-level background investigation, which may
include fingerprinting, and/or obtaining information from local, state, federal and
Department of Motor Vehicle databases.
308.4.3 APPOINTMENT
Volunteers and student interns shall be placed only in assignments or programs consistent with
their knowledge, skills, and abilities and the needs of the Department. Volunteers' and student
interns' interests will be considered when placed in assignments.
Volunteers and student interns serve at the discretion of the Chief Probation Officer.
Vendors are appointed and placed in accordance with the Fresno County Purchasing Office
contract/agreement.
308.5 IDENTIFICATION
As representatives of the Department, vendors, volunteers and student interns are responsible
for presenting a professional image to the community. Vendors, volunteers and student interns
shall dress appropriately for the conditions and performance of their duties, in compliance with
Personal Appearance Standards and Uniform and Non-Uniform attire policies unless excluded by
the Department.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-40
Published with permission by Fresno County Probation B-4
Department
Exhibit B
Fresno County Probation Department
Juvenile Justice Campus Manual
Vendors, Volunteers and Student Interns
Vendors, volunteers and student interns will be issued Fresno County Probation Department
identification cards, which must be carried at all times while on-duty. The identification cards will
be the standard Fresno County Probation Department identification cards, except that"Volunteer"
or"Student Intern" will be indicated on the cards.
308.6 PERSONNEL WORKING AS STUDENT INTERNS
Qualified regular Department personnel, when authorized, may also serve as student interns.
However,this Department shall not utilize the services of student interns in such a way that it would
violate employment laws or collective bargaining agreements or memorandums of understanding
(e.g., a Juvenile Correctional Officer participating as a student intern for reduced or no pay).
Therefore, members shall consult with the Personnel Unit prior to allowing regular department
personnel to serve in a student intern capacity (29 CFR 553.30).
308.7 PERSONNEL UNIT
The function of the Personnel Unit is to provide a central coordinating point for effective volunteer
management within the Department, and to direct and assist efforts to jointly provide more
productive volunteer services.
The responsibilities of the Personnel Unit include but are not limited to:
(a) Recruiting and selecting qualified volunteers and student interns.
(b) Maintaining records for each vendor, volunteer and student intern.
(c) Completing and disseminating, as appropriate, all necessary paperwork and
information.
(d) Maintaining a liaison with colleges and universities that provide student interns to
promote the intern program with both students and the educational system.
(e) Maintaining volunteer and student intern orientation and training materials and
outlining expectations, policies, and responsibilities for all volunteers and student
interns.
308.8 DUTIES AND RESPONSIBILITIES
Volunteers assist department personnel as needed. Assignments of volunteers may be to any
division within the Department, as needed. Volunteers should be placed only in assignments
or programs consistent with their knowledge, skills, interests, abilities and the needs of the
Department. Student interns should be assigned to areas that meet the needs of both their
educational program and the Department. Vendors will be assigned per the contract/agreement.
308.8.1 COMPLIANCE
Vendors, volunteers and student interns shall be required to adhere to all Department policies and
procedures. Policies and procedures are available on the Department website and will be made
available to each vendor, volunteer, and student intern upon appointment. The vendor, volunteer
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-41
Published with permission by Fresno County Probation B-5
Department
Exhibit B
Fresno County Probation Department
Juvenile Justice Campus Manual
Vendors, Volunteers and Student Interns
and student intern shall become thoroughly familiar with these policies as directed by the Chief
Probation Officer or the authorized designee.
Whenever a rule, regulation, or guideline in this Custody Manual refers to regular Department
personnel, it shall also apply to vendors, volunteers and student interns, unless by its nature it
is inapplicable.
Vendors, volunteers and student interns are required by this Department to meet Department-
approved training requirements as applicable to their assignments.
308.9 TASK SPECIFIC TRAINING
Task-specific training is intended to provide the required instruction and practice for vendors,
volunteers and student interns to properly and safely perform their assigned duties. Training
should correspond to the assignment.
Vendors, volunteers and student interns shall be provided with the policies of the Department and
procedures applicable to their assignments.
Vendors,volunteers and student interns shall receive position-specific training to ensure they have
adequate knowledge and skills to complete the required tasks and should receive ongoing training
as deemed appropriate by their supervisors or the authorized designee.
Training should reinforce to vendors,volunteers and student interns that they shall not intentionally
represent themselves as, or by omission give the impression that they are, Juvenile Correctional
Officers or other full-time members of the Department. They shall always represent themselves
as vendors, volunteers or student interns.
All vendors, volunteers and student interns shall comply with the standards of conduct and with
all applicable orders and directives, either oral or written, issued by the Department.
308.9.1 STATE REQUIREMENTS
The vendor, volunteer and student intern initial orientation shall include the following: safety and
security issues and anti- discrimination policies.
308.10 SUPERVISION
Each vendor, volunteer and student intern must have a clearly identified supervisor who is
responsible for direct management of that individual.This supervisor will be responsible for day-to-
day management and guidance of the work of the vendor, volunteer or student intern and should
be available for consultation and assistance.
Functional supervision of vendors, volunteers and student interns is the responsibility of the
supervisor or the authorized designee in charge of their assigned duties. The following are some
considerations that supervisors or the authorized designee should keep in mind while supervising
vendors, volunteers and student interns:
(a) Take the time to introduce vendors, volunteers and student interns to members on
all levels.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-42
Published with permission by Fresno County Probation B-6
Department
Exhibit B
Fresno County Probation Department
Juvenile Justice Campus Manual
Vendors, Volunteers and Student Interns
(b) Ensure vendors,volunteers and student interns have work space and necessary office
supplies.
(c) Make sure the work is challenging. Do not hesitate to give vendors, volunteers and
student interns assignments or tasks that will utilize these valuable resources.
(d) Ensure the work for student interns meets the needs of their educational program,
while also meeting the needs of the Department.
308.10.1 EVALUATIONS
Student interns may need evaluations as a requirement of their educational program.
308.10.2 FITNESS FOR DUTY
No vendor, volunteer or student intern shall report for work or be at work when the individual's
judgment or physical condition has been impaired due to illness or injury, or by the use of alcohol
or drugs, whether legal or illegal.
Vendors, volunteers and student interns shall report to their supervisors any change in status that
may affect their ability to fulfill their duties. This includes but is not limited to:
(a) Driver's license.
(b) Arrests.
(c) Criminal investigations.
(d) All law enforcement contacts.
308.11 INFORMATION ACCESS
Volunteers and student interns should not have access to or be in the vicinity of criminal histories,
investigative files, or information portals. Unless otherwise directed by a supervisor, the duties
of the position, or Department policy, all such information shall be considered confidential. Only
that information specifically identified and approved by authorized members shall be released.
Confidential information shall be given only to persons who have a need and a right to know as
determined by Department policy and supervisory personnel.
A vendor, volunteer or student intern whose assignment requires the use of, or access to,
confidential information will be required to be fingerprinted and have the fingerprints submitted
to the California Department of Justice to obtain clearance. Vendors, volunteers and student
interns working this type of assignment shall receive training in data practices and shall be
required to sign a CLETS Employee/Volunteer Statement before being given an assignment with
the Department. Subsequent unauthorized disclosure of any confidential information verbally, in
writing, or by any other means by the vendor, volunteer, or student intern is grounds for immediate
dismissal and possible criminal prosecution.
Vendors, volunteers and student interns shall not address public gatherings, appear on radio
or television, prepare any article for publication, act as correspondents to newspapers or other
periodicals, release or divulge any information concerning the activities of the Department, or
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-43
Published with permission by Fresno County Probation B-7
Department
Exhibit B
Fresno County Probation Department
Juvenile Justice Campus Manual
Vendors, Volunteers and Student Interns
maintain that they represent the Department in such matters without permission from the proper
Department personnel.
308.11.1 RADIO AND DATABASE ACCESS USAGE
The supervisor or the authorized designee shall ensure that radio and database access training
is provided for vendors, volunteers, and student interns whenever necessary.
308.12 EQUIPMENT
Any property or equipment issued by the Department shall be for official and authorized use only.
Any property or equipment issued to a vendor,volunteer or student intern shall remain the property
of the Department and shall be returned at the termination of service.
308.13 TERMINATION OF SERVICES
If a vendor or volunteer is the subject of a personnel complaint or becomes involved in an internal
investigation,the matter shall be investigated in compliance with the Personnel Complaints Policy.
If a student intern is the subject of or is involved in an internal investigation, the coordinator of the
educational program that sponsors the intern should be notified.
Vendors and volunteers are considered at-will and may be removed from service at the discretion
of the Chief Probation Officer or the authorized designee, with or without cause. Vendors and
volunteers shall have no property interest in their continued appointments.Vendors and volunteers
may resign from service with the Department at any time. It is requested that vendors and
volunteers who intend to resign provide advance notice and a reason for their decision.
308.14 ISSUED DATE
• 02/18/2022
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-44
Published with permission by Fresno County Probation B-8
Department