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HomeMy WebLinkAboutAgreement A-23-536 Master Agreement.pdf Agreement No. 23-536 1 SERVICE AGREEMENT 2 This Service Master Agreement ("Agreement") is dated October 10, 2023 and is 3 between the County of Fresno, a political subdivision of the State of California ("County") and 4 each Contractor (each referred to as a "Contractor" and collectively as "Contractors"), who is a 5 signatory to this Agreement and identified in Exhibit A to this Agreement, which is attached 6 hereto and incorporated by this reference. 7 Recitals 8 A. The County has a need for emergency response and supplemental plumbing services. 9 B. The County desires to enter into an agreement with each Contractor listed on Exhibit A, 10 in order to expeditiously provide for the County's needs for emergency response and 11 supplemental plumbing services. 12 C. On July 5, 2023, the County issued a Request for Statement of Qualifications ("RFSQ") 13 No. 23-041 for emergency plumbing services, which closed on July 27, 2023. 14 D. Each Contractor submitted a responsive bid to the RFSQ ("Responses"), and each 15 Contractor's pricing is set forth in Exhibit C 16 The parties therefore agree as follows: 17 Article 1 18 Contractor's Services 19 1.1 Scope of Services. The Contractors shall perform all of the services provided in 20 Exhibit B to this Agreement, titled "Scope of Services," in accordance with the specifications, 21 requirements, terms and conditions of the RFSQ, at the rates set forth in each Contractor's 22 response to the RFSQ, and shall be utilized based off of lowest cost and availability. No 23 Contractor shall be obligated for another Contractor's performance under this agreement. 24 1.2 Non-exclusive Agreement. This is a non-exclusive agreement. The Contractors 25 agree that this Agreement does not constitute a guarantee or promise that any Contractor shall 26 provide any certain amount of services to the County under this Agreement. The County 27 reserves the right to engage any Contractor under this Agreement, and to engage any other 28 contractor for the same or similar services under any other agreement, or hire its own forces. By 1 1 executing a signature page hereto, each Contractor becomes a signatory to this Agreement, 2 and agrees that is party to this Agreement only with the County and is bound by its terms. No 3 Contractor has any rights or obligations within respect to any other Contractor identified in this 4 Agreement. 5 1.3 Representation. The Contractor represents that it is qualified, ready, willing, and 6 able to perform all of the services provided in this Agreement. 7 1.4 Compliance with Laws. The Contractor shall, at its own cost, comply with all 8 applicable federal, state, and local laws and regulations in the performance of its obligations 9 under this Agreement, including but not limited to workers compensation, labor, and 10 confidentiality laws and regulations. 11 Article 2 12 County's Responsibilities 13 2.1 County Representative(s). The County shall provide County Representative(s) 14 ("County Representative") to represent the County, who will work with each Contractor to carry 15 out the Contractor's obligations in this Agreement. The County Representative(s) will be the 16 County's Facility Services Manager, or their designee. 17 2.2 Requests for Services. The County will contact a Contractor, listed in Exhibit A, via 18 telephone when emergency and supplemental plumbing services are needed. Selection of the 19 Contractor will be based on the combination of overall cost and the response/timeframe 20 estimate provided by the Contractor, which, in the sole opinion of the County, offers the best 21 value for the County. Each Contractor must use its respective pricing provided in Exhibit C. 22 Article 3 23 Compensation, Invoices, and Payments 24 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for 25 the performance of its services under this Agreement, as described in Exhibit C to this 26 Agreement. 27 3.2 Maximum Compensation. The maximum combined compensation payable to both 28 Contractors under this Agreement is $600,000, for the initial three-year term of this Agreement. 2 1 In the event this Agreement is extended for its first optional one-year extension ("Year 4"), the 2 total combined compensation payable to both Contractors under this Agreement is $800,000. In 3 the event this Agreement is extended for its final one-year extension ("Year 5"), the total 4 combined compensation payable to the Contractors under this Agreement is $1,000,000. In the 5 event the total combined maximum compensation amount in the Initial Term, Year 4, and/or 6 Year 5 is not fully expended, the remaining unspent funding amounts shall roll over to each 7 subsequent term's established total combined maximum compensation. 8 The Contractors acknowledges that the County is a local government entity, and does so 9 with notice that the County's powers are limited by the California Constitution and by State law, 10 and with notice that the Contractors may receive compensation under this Agreement only for 11 services performed according to the terms of this Agreement and while this Agreement is in 12 effect, and subject to the maximum amount payable under this section. The Contractors further 13 acknowledges that County employees have no authority to pay the Contractors except as 14 expressly provided in this Agreement. 15 3.3 Invoices. Each Contractor shall submit monthly invoices referencing the provided 16 agreement number to the ISD-Facility Services main office at 4950 E. Kings Canyon Road, 17 Fresno, CA 93702. Each Contractor shall submit each invoice within 60 days after the month in 18 which the Contractor performs services and in any case within 60 days after the end of the term 19 or termination of this Agreement. 20 3.4 Payment. The County shall pay each correctly completed and timely submitted 21 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's 22 address specified in the invoice. 23 3.5 Incidental Expenses. Each Contractor is solely responsible for all of its costs and 24 expenses that are not specified as payable by the County under this Agreement. 25 26 27 28 3 1 Article 4 2 Term of Agreement 3 4.1 Term. This Agreement is effective as of the date listed above and terminates three 4 years after that date, except as provided in section 4.2, "Extension," or Article 6, "Termination 5 and Suspension," below. 6 4.2 Extension. The term of this Agreement may be extended for no more than two, one- 7 year periods only upon written approval of both parties at least 30 days before the first day of 8 the next one-year extension period. The Director of Internal Services/Chief Information Officer 9 or his or her designee is authorized to sign the written approval on behalf of the County based 10 on the Contractor's satisfactory performance. The extension of this Agreement by the County is 11 not a waiver or compromise of any default or breach of this Agreement by the Contractors 12 existing at the time of the extension whether or not known to the County. 13 Article 5 14 Notices 15 5.1 Contact Information. The persons and their addresses having authority to give and 16 receive notices provided for or permitted under this Agreement include the following: 17 For the County: 18 Director of Internal Services/Chief Information Officer County of Fresno 19 333 W. Pontiac Way Clovis, CA 93612 20 isdcontracts(c)_fresnocountyca.gov 21 For the Contractor: See Exhibit A 22 5.2 Change of Contact Information. Either party may change the information in section 23 5.1 by giving notice as provided in section 5.3. 24 5.3 Method of Delivery. Each notice between the County and the Contractors provided 25 for or permitted under this Agreement must be in writing, state that it is a notice provided under 26 this Agreement, and be delivered either by personal service, by first-class United States mail, by 27 an overnight commercial courier service, or by Portable Document Format (PDF) document 28 attached to an email. 4 1 (A) A notice delivered by personal service is effective upon service to the recipient. 2 (B) A notice delivered by first-class United States mail is effective three County 3 business days after deposit in the United States mail, postage prepaid, addressed to the 4 recipient. 5 (C)A notice delivered by an overnight commercial courier service is effective one 6 County business day after deposit with the overnight commercial courier service, 7 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to 8 the recipient. 9 (D)A notice delivered by PDF document attached to an email is effective when 10 transmission to the recipient is completed (but, if such transmission is completed outside 11 of County business hours, then such delivery is deemed to be effective at the next 12 beginning of a County business day), provided that the sender maintains a machine 13 record of the completed transmission. 14 5.4 Claims Presentation. For all claims arising from or related to this Agreement, 15 nothing in this Agreement establishes, waives, or modifies any claims presentation 16 requirements or procedures provided by law, including the Government Claims Act (Division 3.6 17 of Title 1 of the Government Code, beginning with section 810). 18 Article 6 19 Termination and Suspension 20 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are 21 contingent on the approval of funds by the appropriating government agency. If sufficient funds 22 are not allocated, then the County, upon at least 30 days' advance written notice to each 23 Contractor, may: 24 (A) Modify the services provided by the Contractors under this Agreement; or 25 (B) Terminate this Agreement. 26 6.2 Termination for Breach. 27 (A) Upon determining that a breach (as defined in paragraph (C) below) has 28 occurred, the County may give written notice of the breach to the breaching Contractor. 5 1 The written notice may suspend performance under this Agreement, and must provide at 2 least 30 days for the Contractor to cure the breach. 3 (B) If the breaching Contractor fails to cure the breach to the County's satisfaction 4 within the time stated in the written notice, the County may terminate this Agreement 5 immediately. 6 (C) For purposes of this section, a breach occurs when, in the determination of the 7 County, the breaching Contractor has: 8 (1) Obtained or used funds illegally or improperly; 9 (2) Failed to comply with any part of this Agreement; 10 (3) Submitted a substantially incorrect or incomplete report to the County; or 11 (4) Improperly performed any of its obligations under this Agreement. 12 6.3 Termination without Cause. In circumstances other than those set forth above, the 13 County may terminate this Agreement, or may terminate any Contractor from this Agreement 14 without affecting this Agreement with respect to any other Contractor, by giving at least 30 days 15 advance written notice to the Contractors, or the affected Contractor, as applicable. 16 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County 17 under this Article 6 is without penalty to or further obligation of the County. 18 6.5 County's Rights upon Termination. Upon termination for breach under this Article 19 6, the County may demand repayment by a Contractor under this Agreement of any monies 20 disbursed to the Contractor under this Agreement, that, in the County's sole judgment, were not 21 expended in compliance with this Agreement. The Contractor shall promptly refund all such 22 monies upon demand. This section survives the termination of this Agreement. 23 Article 7 24 Independent Contractor 25 7.1 Status. In performing under this Agreement, each Contractor, including its officers, 26 agents, employees, and volunteers, is at all times acting and performing as an independent 27 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint 28 venturer, partner, or associate of the County. 6 1 7.2 Verifying Performance. The County has no right to control, supervise, or direct the 2 manner or method of the Contractor's performance under this Agreement, but the County may 3 verify that each Contractor is performing according to the terms of this Agreement. 4 7.3 Benefits. Because of its status as an independent contractor, a Contractor under 5 this Agreement has no right to employment rights or benefits available to County employees. 6 Each Contractor is solely responsible for providing to its own employees all employee benefits 7 required by law. Each Contractor shall save the County harmless from all matters relating to the 8 payment of the Contractor's employees, including compliance with Social Security withholding 9 and all related regulations. 10 7.4 Services to Others. The parties acknowledge that, during the term of this 11 Agreement, each Contractor may provide services to others unrelated to the County. 12 Article 8 13 Indemnity and Defense 14 8.1 Indemnity. Each Contractor shall indemnify and hold harmless and defend the 15 County (including its officers, agents, employees, and volunteers) against all claims, demands, 16 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and 17 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to 18 the performance or failure to perform by the Contractor (or any of its officers, agents, 19 subcontractors, or employees) under this Agreement. The County may conduct or participate in 20 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or 21 defend the County. 22 8.2 Survival. This Article 8 survives the termination of this Agreement. 23 Article 9 24 Insurance 25 9.1 The Contractors shall comply with all the insurance requirements in Exhibit D to this 26 Agreement. 27 28 7 1 Article 10 2 Inspections, Audits, and Public Records 3 10.1 Inspection of Documents. The Contractors shall make available to the County, and 4 the County may examine at any time during business hours and as often as the County deems 5 necessary, all of the Contractor's records and data with respect to the matters covered by this 6 Agreement, excluding attorney-client privileged communications. The Contractors shall, upon 7 request by the County, permit the County to audit and inspect all of such records and data to 8 ensure the Contractor's compliance with the terms of this Agreement. 9 10.2 State Audit Requirements. If the compensation to be paid by the County under this 10 Agreement exceeds $10,000, each Contractor is subject to the examination and audit of the 11 California State Auditor, as provided in Government Code section 8546.7, for a period of three 12 years after final payment under this Agreement. This section survives the termination of this 13 Agreement. 14 10.3 Public Records. The County is not limited in any manner with respect to its public 15 disclosure of this Agreement or any record or data that the Contractor may provide to the 16 County. The County's public disclosure of this Agreement or any record or data that the 17 Contractor may provide to the County may include but is not limited to the following: 18 (A) The County may voluntarily, or upon request by any member of the public or 19 governmental agency, disclose this Agreement to the public or such governmental 20 agency. 21 (B) The County may voluntarily, or upon request by any member of the public or 22 governmental agency, disclose to the public or such governmental agency any record or 23 data that the Contractor may provide to the County, unless such disclosure is prohibited 24 by court order. 25 (C)This Agreement, and any record or data that the Contractor may provide to the 26 County, is subject to public disclosure under the Ralph M. Brown Act (California 27 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). 28 8 1 (D)This Agreement, and any record or data that the Contractor may provide to the 2 County, is subject to public disclosure as a public record under the California Public 3 Records Act (California Government Code, Title 1, Division 10, Chapter 3, beginning 4 with section 7920.200) ("CPRA"). 5 (E) This Agreement, and any record or data that the Contractor may provide to the 6 County, is subject to public disclosure as information concerning the conduct of the 7 people's business of the State of California under California Constitution, Article 1, 8 section 3, subdivision (b). 9 (F) Any marking of confidentiality or restricted access upon or otherwise made with 10 respect to any record or data that the Contractor may provide to the County shall be 11 disregarded and have no effect on the County's right or duty to disclose to the public or 12 governmental agency any such record or data. 13 10.4 Public Records Act Requests. If the County receives a written or oral request 14 under the CPRA to publicly disclose any record that is in a Contractor's possession or control, 15 and which the County has a right, under any provision of this Agreement or applicable law, to 16 possess or control, then the County may demand, in writing, that the Contractor deliver to the 17 County, for purposes of public disclosure, the requested records that may be in the possession 18 or control of the Contractor. Within five business days after the County's demand, the 19 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's 20 possession or control, together with a written statement that the Contractor, after conducting a 21 diligent search, has produced all requested records that are in the Contractor's possession or 22 control, or (b) provide to the County a written statement that the Contractor, after conducting a 23 diligent search, does not possess or control any of the requested records. The Contractor shall 24 cooperate with the County with respect to any County demand for such records. If the 25 Contractor wishes to assert that any specific record or data is exempt from disclosure under the 26 CPRA or other applicable law, it must deliver the record or data to the County and assert the 27 exemption by citation to specific legal authority within the written statement that it provides to 28 the County under this section. The Contractor's assertion of any exemption from disclosure is 9 1 not binding on the County, but the County will give at least 10 days' advance written notice to 2 the Contractor before disclosing any record subject to the Contractor's assertion of exemption 3 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs 4 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption, 5 failure to produce any such records, or failure to cooperate with the County with respect to any 6 County demand for any such records. 7 Article 11 8 Disclosure of Self-Dealing Transactions 9 11.1 Applicability. This Article 11 applies if a Contractor under this Agreement is 10 operating as a corporation, or changes its status to operate as a corporation. 11 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a 12 self-dealing transaction, he or she shall disclose the transaction by completing and signing a 13 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to 14 the County before commencing the transaction or immediately after. 15 11.3 Definition. "Self-dealing transaction" means a transaction to which each Contractor 16 is a party and in which one or more of its directors, as an individual, has a material financial 17 interest. 18 Article 12 19 General Terms 20 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this 21 Agreement may not be modified, and no waiver is effective, except by written agreement signed 22 by both parties. The Contractors acknowledges that County employees have no authority to 23 modify this Agreement except as expressly provided in this Agreement. 24 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations 25 under this Agreement without the prior written consent of the other party. 26 12.3 Governing Law. The laws of the State of California govern all matters arising from 27 or related to this Agreement. 28 10 1 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno 2 County, California. The Contractors consents to California jurisdiction for actions arising from or 3 related to this Agreement, and, subject to the Government Claims Act, all such actions must be 4 brought and maintained in Fresno County. 5 12.5 Construction. The final form of this Agreement is the result of the parties' combined 6 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be 7 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement 8 against either party. 9 12.6 Days. Unless otherwise specified, "days" means calendar days. 10 12.7 Headings. The headings and section titles in this Agreement are for convenience 11 only and are not part of this Agreement. 12 12.8 Severability. If anything in this Agreement is found by a court of competent 13 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in 14 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of 15 this Agreement with lawful and enforceable terms intended to accomplish the parties' original 16 intent. 17 12.9 Nondiscrimination. During the performance of this Agreement, the Contractors 18 shall not unlawfully discriminate against any employee or applicant for employment, or recipient 19 of services, because of race, religious creed, color, national origin, ancestry, physical disability, 20 mental disability, medical condition, genetic information, marital status, sex, gender, gender 21 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to 22 all applicable State of California and federal statutes and regulation. 23 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation 24 of the Contractor under this Agreement on any one or more occasions is not a waiver of 25 performance of any continuing or other obligation of the Contractor and does not prohibit 26 enforcement by the County of any obligation on any other occasion. 27 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement 28 between the Contractors and the County with respect to the subject matter of this Agreement, 11 1 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, 2 publications, and understandings of any nature unless those things are expressly included in 3 this Agreement. If there is any inconsistency between the terms of this Agreement without its 4 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving 5 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the 6 exhibits. 7 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to 8 create any rights or obligations for any person or entity except for the parties. 9 12.13 Authorized Signature. Each Contractor represents and warrants to the County that: 10 (A) The Contractor is duly authorized and empowered to sign and perform its 11 obligations under this Agreement. 12 (B) The individual signing this Agreement on behalf of the Contractor is duly 13 authorized to do so and his or her signature on this Agreement legally binds the 14 Contractor to the terms of this Agreement. 15 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by 16 electronic signature as provided in this section. 17 (A) An "electronic signature" means any symbol or process intended by an individual 18 signing this Agreement to represent their signature, including but not limited to (1) a 19 digital signature; (2) a faxed version of an original handwritten signature; or (3) an 20 electronically scanned and transmitted (for example by PDF document) version of an 21 original handwritten signature. 22 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed 23 equivalent to a valid original handwritten signature of the person signing this Agreement 24 for all purposes, including but not limited to evidentiary proof in any administrative or 25 judicial proceeding, and (2) has the same force and effect as the valid original 26 handwritten signature of that person. 27 28 12 1 (C) The provisions of this section satisfy the requirements of Civil Code section 2 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, 3 Part 2, Title 2.5, beginning with section 1633.1). 4 (D) Each party using a digital signature represents that it has undertaken and 5 satisfied the requirements of Government Code section 16.5, subdivision (a), 6 paragraphs (1) through (5), and agrees that each other party may rely upon that 7 representation. 8 (E) This Agreement is not conditioned upon the parties conducting the transactions 9 under it by electronic means and either party may sign this Agreement with an original 10 handwritten signature. 11 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an 12 original, and all of which together constitute this Agreement. 13 [SIGNATURE PAGE FOLLOWS] 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 1 The parties are signing this Agreement on the date stated in the introductory clause. 2 CONTRACTORS COUNTY OF FRESNO 3 4 See Exhibit A 5 SIC Q in ero, hairman of the Board of S iso the County of Fresno 6 Attest: 7 Bernice E. Seidel Clerk of the Board of Supervisors 8 County of Fresno, State of California 9 By: 10 Deputy 11 For accounting use only: 12 Org No.: 8935 Account No.: 7220 13 Fund No.: 1045 Subclass No.: 10000 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 Exhibit A 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of 2 the Effective Date. 3 4 CONTRACTOR 5 A Reliable Plumbing, LLC. 6 l ,� 7 Man uel Arella no(Sep 1 ,202307:36 PDT) 8 (Authorized Signature) 9 10 Manuel Arellano President 11 Print Name & Title 12 13 A Reliable Plumbing, 14 LLC.PO Box 9363 15 Fresno, CA 93793 16 17 18 19 20 21 22 23 24 25 26 27 28 A-1 Exhibit A 1 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 3 Effective Date. 4 5 CONTRACTOR 6 Rod's Plumbing Service, Inc. 7 8 Rod ingram(Sep ,202309:i7PDT) 9 (Authorized Signature) 10 11 Rod Ingram,coo 12 Print Name & Title 13 14 Rod's Plumbing Service, Inc. 15 3327 W Sussex Way 16 Fresno, CA 93721 17 18 19 20 21 22 23 24 25 26 27 28 A-2 Exhibit A 1 2 3 CONTRACTOR PHONE BUSINESS EMAIL ADDRESS 4 NUMBER ADDRESS 5 A Reliable PO Box 9636 Plumbing LLC 559-229-7354 Fresno CA areliableplumbing(a�g mail.corn 6 93793 3327 W 7 Rod's Plumbing Sussex Way Service, Inc. 559-388-2600 Fresno, CA rod(c�rodsplumbingservice.com 8 93721 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A-3 Exhibit B 1 Scope of Services 2 A. GENERAL EMERGENCY RESPONSE AND SUPPLEMENTAL PLUMBING 3 SERVICES 4 Emergency response and supplemental plumbing services include but are not limited to the 5 following: 6 . Hydro flushing 7 • Sewer line video detection 8 • Electronic leak detection and line locating 9 • Pipe services 10 . Excavating 11 . Sewer line services 12 Sewer lining 13 Sewer pull 14 The Contractor is required to furnish all labor, equipment, materials, tools, and 15 transportation required to perform the services herein described. 16 The quality of the work performed shall be to the best of trade practices, performed by 17 technicians thoroughly trained and familiar with the respective systems. 18 The Contractor shall, at all times, protect building from damage; remove and replace with 19 new work any work damaged by failure to provide protection. Replacement of damaged work 20 will be at no additional cost to the County. 21 All work areas shall be cleaned up and all debris removed by the Contractor at the end of 22 the workday. Upon completion of work at each worksite, the Contractor shall remove all 23 equipment and surplus material from the premises and legally dispose of it. 24 When work is performed in secured facilities, it is incumbent upon all Contractors to alert all 25 County staff of the necessity for extreme care in accounting for, and keeping all areas free of 26 any and all types of hand tools, power tools, small parts, scrap material, and all other materials 27 which might be concealed upon the person of an inmate/ward/patient, at all times when such 28 tools and materials are not used for the task at hand. B-1 Exhibit B 1 B. EMERGENCY WORK 2 Emer-gency Response Service Calls - The Contractor will be required to respond to 3 emergency response service calls during and after business hours. Details regarding each 4 emergency service request will be relayed at the time of each call. The Contractor shall 5 acknowledge within 30 minutes if the request can be fulfilled or the request will be sent to 6 another contractor, including weekends and holidays. The Contractor shall inform the County 7 of any expected arrival delays. All work of a callback nature shall be treated as an emergency 8 and work commenced shall be carried through to completion without delay. 9 Emer-gency Callbacks - Determination of call level is at the sole discretion of the Director 10 of Internal Services/Chief Information Officer or his/her authorized representatives. The 11 County reserves the right to send the request to another contractor to perform the services if 12 the response level is not met. 13 Emergency callback levels are categorized as follows: 14 Level 1 — Requires onsite response in one hour or less. 15 Level 2 — Requires onsite response in four hours or less. 16 Level 3 — Requires onsite response at 7:00 am the next normal working 17 day. 18 All work must be approved by the Facility Services Manager or their designee before work 19 can begin. The Contractor responding to a service request shall report to the building manager 20 prior to beginning work and at the completion of work. 21 Each work area shall be kept clean and in order both during working hours and at the 22 completion of the working day. 23 C. QUALIFICATIONS 24 The Contractor shall possess all applicable licenses, registrations, and permits required by 25 the State of California, Fresno County, and/or City of Fresno to perform the scope of work 26 requested. Such license and permits are to be presented to the County upon execution of the 27 Agreement. All services shall comply with Federal, State, County and Municipal building 28 ordinances and regulations insofar as the same are binding upon the State and within the B-2 Exhibit B 1 jurisdiction where the work is to be performed. If permit or code violations are found with work 2 performed by the Contractor, the Contractor must correct all violations at no additional charge to 3 the County. 4 D. SCHEDULING OF WORK 5 The Contractor shall maintain 24 hours a day, seven days a week emergency availability 6 to coordinate any necessary resolution to system failures or problems. Normal business 7 working hours are defined as 7:00 am to 5:00 pm, Monday through Friday, unless otherwise 8 indicated by the County. 9 E. SECURITY 10 Security is of great concern to the County. The Contractor's failure to fully comply with the 11 security requirements in this Agreement will be considered a breach of security and shall result 12 in termination of the Contractor's Agreement with the County for default. 13 The Contractor's personnel shall cooperate with all security personnel at all times and be 14 subject to and conform to the County's security rules and regulations. Any violations or 15 disregard of these rules may be cause for denial of access to County property. 16 The policies below may change throughout the life of this Agreement; it is each Contractor's 17 responsibility to request updates from the County. Please see the following exhibits: 18 1. Background Investigations & Identification (ID) Badges. See Exhibit F. 19 2. The Prison Rape Elimination Act. See Exhibit G 20 3. Juvenile Justice Detention Facilities— No Hostage Policy. See Exhibit H. 21 4. Probation Vendors, Volunteer's, & Student Interns Policy. See Exhibit 1 22 5. 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O O L_ O L O O L O l_ O 1 O L O i OO N O O I, O N O C, O 'A O N O 'A O In •� vi 2 of 2 �n 2 �n 2 v� 2 H 2 in 2 �n 2 H 2 u C (AC_ C C_ 0 C_ H C N C_ Ln C_ V) 00 •�n co •gin m 'v� m m •H m •� m in m •in m H In f0 m m N m f0 m t0 m f0 CO c0 m m m O to W v atoi to W w a�Di a°pi 4f w 0) Chi w w � oc a a a a a oc a a a a L O w O O •C •� a) d a) O C N to O C Gl Q• O) 0) Q U OUl OZS Y W C; co m O O a� v4ii ON v' �^CL V) O O w 00 00 6- 2 C CO a+ V 4, HT rr'1 N 00 N O1 h N of N N M w N �O N N •N d n- N a O C C m 0) J (D D O > O 00 OL O Q O C =O C a m �, > i CD> a > 2 c 2 �• 2 Q' O Z 3 O 2 2 2 C 2 p 2 S 2 m m m m C c c c c L L L rLo Qo Qo Qo } m Li LOLL ` Li ` Li a� In 0 O cl� ON 00 fJ r l N N N N m m m (a 3 7 3 7 U) Ln U) U) N tB N (L1 m ` LOLL ` li li li lU } O !, M r EA 69 to 69 m m m m 3 7 7 7 Ln Ln (1) Ln M « N N — N .- O O O O O O fl O V } ` 0 l ` i ` Li LL L �? O C4 C9 (a s a) 4) a) N v x a m m m m W Ln cr a s a (D L) Ln Ln ci Q-o Q-o Q-o Q o m LL U- LOLL LOLL N } J O 69 to (a to N N N N 3 7 3 7 U) U) co () O O O O Q O fl O m 0 O O O } LLL LLL LLL LLL O p O to w ka 64 N N O O U C t C Q C lU Q N F U lU Q N . � to U N t71 U — '@ C m V C m L N m N O 3 N U�1 w U w 0 U I Q Exhibit D Self-Dealing Transaction Disclosure Form In order to conduct business with the County of Fresno ("County"), members of a contractor's board of directors ("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 used 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. The form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). D-1 Exhibit D (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: D-2 Exhibit E Insurance Requirements 1. Required Policies Without limiting the County's right to obtain indemnification from the Contractor or any third parties, the Contractor, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement. (A) Commercial General Liability. Commercial general liability insurance with limits of not less than Two Million Dollars ($1,000,000) per occurrence and an annual aggregate of Four Million Dollars ($2,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor's policy. (B) Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement. (C)Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits. (D) Employer's Liability. Employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for disease. (E) Professional Liability. Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the date on which services began under this Agreement; (2) the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. (F) Molestation Liability. Sexual abuse / molestation liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of Four Million Dollars ($2,000,000). This policy must be issued on a claims-made basis. Additional Requirements (A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement, and at any time during the term of this Agreement as requested by the County's Risk Manager or the County Administrative Office, the Contractor shall deliver, or cause its broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th E-1 Exhibit E Floor, Fresno, California 93721, or HRRiskManagement(a-fresnocountyca.Aov, and by mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement. (i) Each insurance certificate must state that: (1) the insurance coverage has been obtained and is in full force; (2) the County, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and (3) the Contractor has waived its right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy. (ii) The commercial general liability insurance certificate must also state, and include an endorsement, that the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned. The commercial general liability insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self-insurance, maintained by the County shall be excess only and not contributing with insurance provided under the Contractor's policy. (iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement. (iv) The professional liability insurance certificate, if it is a claims-made policy, must also state the retroactive date of the policy, which must be prior to the date on which services began under this Agreement. (B) Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VI I. (C) Notice of Cancellation or Change. For each insurance policy required under this Agreement, the Contractor shall provide to the County, or ensure that the policy requires the insurer to provide to the County, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 30 days in advance of cancellation or change. The County in its sole discretion may determine that the failure of the Contractor or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement. (D) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer E-2 Exhibit E to deliver, to the County's Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement. (E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under the policy of worker's compensation insurance required by this Agreement. The Contractor is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but the Contractor's waiver of subrogation under this paragraph is effective whether or not the Contractor obtains such an endorsement. (F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep in effect at all times any insurance coverage required under this Agreement, the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the Contractor. The County may offset such charges against any amounts owed by the County to the Contractor under this Agreement. (G)Subcontractors. The Contractor shall require and verify that all subcontractors used by the Contractor to provide services under this Agreement maintain insurance meeting all insurance requirements provided in this Agreement. This paragraph does not authorize the Contractor to provide services under this Agreement using subcontractor. E-3 Exhibit F Background Investigations Prior to the beginning of any services, one (1) background check must be made for every member of the Contractor's personnel providing services to a building location for the life of the agreement. The background check will be required before access is given to any County facility/property. Clearance will only be granted after a successful background check, completed by the County of Fresno Sheriffs Department. Background checks provided by any agency other than the County of Fresno Sheriff's Department will not be accepted. The current cost of a background check is$52 per person. This cost will be incurred by the successful Bidder. One check covering the cost of background checks for all employees shall be made payable to: Sheriff, County of Fresno. The successful bidder will be notified regarding the result of background checks. Those that are accepted will report to County of Fresno Security to have their photo taken and ID badge issued. Background checks are done on a first-come, first serve basis between the hours of 7:00 a.m and 12:00 noon. Monday through Friday. The process takes approximately 20 minutes. time. The amount of time it takes to receive the result of background checks varies from one day to a month (or longer), dependent upon the individual's history. Individuals who are cleared through this process are entered into the Department of Justice database. Their records are flagged and the County of Fresno Sheriffs Department is notified if the person is ever arrested in the future. All applicants' background checks must be approved prior to entering any County facility. Approval will not be granted to any individual possessing any of the following circumstances: 1. They have been convicted of a felony, or any crime involving moral turpitude, or carrying or possessing a dangerous weapon. 2. They have ever been charged with a felony or are currently under investigation for a felony. 3. They are charged with or convicted of any crime committed in or at a correctional institution. 4. They are currently on parole or probation or are a sentenced inmate at any correctional facility. 5. They have been refused a license as a private investigator or had such license revoked. 6. They have fraudulently represented themselves, their credentials, their employment or their criminal or arrest record on their application. 7. Make omissions or false statements on their application. 8. They have no valid reason for entering a facility. 9. Their admission into a facility could represents a threat to security, staff or inmate safety. 10. Further information regarding the criteria for background check clearance, including an appeal for process for someone who may be denied clearance is available upon request. Identification (ID) Badges The successful bidder's employees will be issued a badge that must be worn and be visible at all times during performance of work in any County building to identify the wearer as an individual who is authorized to enter County facilities. 1. ID badges will be given only after successfully completing the background investigation. ID badges will be issued when the photo is taken. If electronic access to any County facility is required, activation of the badge may take an additional 48 hours to complete. 2. All ID badges will remain the property of the County and are returnable upon demand or upon the expiration of the contract. The successful Bidder will be responsible for collecting all ID badges issued and turning them in to the County Security Office when a contract ends or when an employee leaves employment. The Bidder will assumes all responsibility for their employee's use of and the return of the County ID badges. F-1 Exhibit F 3. The ID badges will only be issued to individuals passing the Background check. Each individual will need to present themselves in person with a valid, clean, and legible copy of a Driver's license or State issued Identification Card to receive an ID badge. F-2 Exhibit G All vendors must comply with the Prison Rape Elimination (PREA) Act as stated below: "CONTRACTOR shall comply with all Prison Rape Elimination (PREA) Act standards for juvenile correctional facilities. Training will be provided by Probation at no charge to CONTRACTOR." "CONTRACTOR will ensure that all staff assigned to work at the Juvenile Justice Campus (JJC) undergo a pre-employment Live Scan and criminal background security clearance by the Probation Department at no charge to CONTRACTOR. No alcoholic beverages/drugs will be brought into any facility. Nor will anyone under the influence of alcoholic beverages or drugs be allowed inside. In the event of any disturbance inside the facilities, the CONTRACTOR'S employees will immediately follow the orders of the Facility Administrator or his/her designees. CONTRACTOR shall comply with all Probation Department Policies and Procedures. In the event of a dispute involving COUNTY staff and the contract employee, the on-duty Facility Administrator will have the final decision." INFORMATION ON THE PRISON RAPE ELIMINATION ACT CAN BE FOUND HERE: http://www.prearesourcecenter.org/ G-1 Exhibit H Subject: Hostage Situations Fresno County Policy Number: 326.0 Juvenile Justice Campus 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/herrelease. 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 Commanderwill: 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 orthe 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. H-1 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: H-2 Subject: Hostage Situation Policy #: 326.0 Page 2 of 2 1. The number and identity of both the hostages and hostagetakers; 2. Any known weapons possessed by the hostagetakers; 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 thefacility. 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. H-3 Exhibit I Fresno County Probation Department • NEW JJC Policy Manual Vendors, Volunteers and Student Interns 309.1 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 staff members who can augment Department personnel and help complete various tasks. 309.1.1 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 the intern's field while 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 forthe Department without promise,expectation, or receipt of compensation for services rendered. This may include unpaid chaplains and student interns. 309.2 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. 309.3 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 2023/04/17,All Rights Reserved. I-� Vendors,Volunteers and Student Interns-79 Published with permission by Fresno County Probation Department Fresno County Probation Department NEW JJC Policy Manual NEW JJC Policy Manual Vendors, Volunteers and Student Interns 309.4 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. 309.4.1 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 staff 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 staff 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. 309.4.2 SELECTION Vendor, volunteer and student intern candidates shall successfully complete the following 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. 309.4.3 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. 309.5 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. Necessary safety equipment will be provided. Copyright Lexipol,LLC 2023/04/17,All Rights Reserved. 1-2 Vendors,Volunteers and Student Interns-80 Published with permission by Fresno County Probation Department Fresno County Probation Department NEW JJC Policy Manual NEW JJC Policy Manual Vendors, Volunteers and Student Interns Vendor, 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. 309.6 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 such a way that it would violate employment laws or collective bargaining agreements or memorandums of understanding (e.g., an officer participating as a student intern for reduced or no pay). Therefore, staff members shall consult with the Personnel Unit prior to allowing regular department personnel to serve in a student intern capacity (29 CFR 553.30). 309.7 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, selecting, and training qualified volunteers and student interns. (b) Maintaining records for each vendor, volunteer and student interns. (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. 309.8 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. 309.8.1 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 and student interns shall become thoroughly familiar with these policies and procedures as directed by the Chief Probation Officer or the authorized designee. Copyright Lexipol,LLC 2023/04/17,All Rights Reserved. 1-3 Vendors,Volunteers and Student Interns-81 Published with permission by Fresno County Probation Department Fresno County Probation Department NEW JJC Policy Manual NEW JJC Policy Manual Vendors, Volunteers and Student Interns Whenever a rule, regulation, or guideline in this Custody Manual refers to regular Department personnel, it shall also apply to a vendor, 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. 309.9 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 as determined by the program coordinator. Vendors, volunteers and student interns will be provided with an orientation program to acquaint them with the policies of the Department and procedures applicable to their assignments. Vendors, volunteers and student interns should receive position-specific training to ensure they have adequate knowledge and skills to complete the required tasks. They also should receive ongoing training as deemed appropriate by their supervisors or the volunteer or student intern coordinator. 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,officers or other full-time staff 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, whether oral or written, issued by the Department. 309.9.1 STATE REQUIREMENTS The vendor, volunteer and student intern initial orientation shall include the following: safety and security issues and anti- discrimination policies. 309.10 SUPERVISION Each vendor, volunteer or 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 staff members on all levels. (b) Ensure vendors, volunteers and student interns have work space and necessary office supplies. Copyright Lexipol,LLC 2023/04/17,All Rights Reserved. 1-4 Vendors,Volunteers and Student Interns-82 Published with permission by Fresno County Probation Department Fresno County Probation Department NEW JJC Policy Manual NEW JJC Policy Manual Vendors, Volunteers and Student Interns (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. 309.10.1 EVALUATIONS Student interns may need evaluations as a requirement of their educational program. 309.10.2 FITNESS FOR DUTY No vendor, volunteers or student intern shall report for work or be at work when the individual 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. 309.11 INFORMATION ACCESS Vendors, 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 staff 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 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 maintain that they represent the Department in such matters without permission from the proper Department personnel. Copyright Lexipol,LLC 2023/04/17,All Rights Reserved. 5 Vendors,Volunteers and Student Interns-83 Published with permission by Fresno County Probation Department Fresno County Probation Department NEW JJC Policy Manual NEW JJC Policy Manual Vendors, Volunteers and Student Interns 309.11.1 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. 309.12 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. 309.13 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. 309.14 ISSUED DATE • 02/18/2022 Copyright Lexipol,LLC 2023/04/17,All Rights Reserved. 1-6 Vendors,Volunteers and Student Interns-84 Published with permission by Fresno County Probation Department Exhibit J EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-06-96,09-01-99, 12-01-10 APPROVED BY: Sheriff M. Mims BY: Assistant Sheriff T. Gattie AUTHORITY: California Code of Regulations, Title 15, Section 1029(a)(7)(B) and Penal Code Section 236. PURPOSE: The purpose of this policy is to establish procedures which provide for the resolution of a hostage-taking incident while preserving the safety of staff, public, inmates, and hostages, and maintaining facility security. POLICY: The Fresno County Sheriffs Office Jail Division maintains a NO HOSTAGE FACILITY and will not consider bargaining with hostage takers for ANY reason. It is the policy of the Fresno County Sheriffs Office Jail Division that once any staff member is taken hostage, they immediately lose their authority and any orders issued by that person will not be followed regardless of their rank or status. It is the policy of the Fresno County Sheriff's Office Jail Division that the primary responsibility of all staff members in a hostage situation is to protect every person involved, if possible, from serious injury or death. PROCEDURES: I. DEFINITION HOSTAGE SITUATION: any staff member, citizen or inmate held against their will by another person for the purpose of escape, monetary gain or any reason which may place an individual in danger of losing life or suffering serious injury. II. NOTIFICATIONS, CONTAINMENT AND CONTROL OF THE SITUATION A. Emergency procedures and notifications shall be implemented as per Emergency Planning procedures (B-101/FILE: EMERGENCY). J-1