HomeMy WebLinkAboutAgreement A-23-631 with Nations Roof West LLC.pdf Agreement No. 23-631
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated November 28, 2023 and is between
3 Nations Roof West, a Delaware Limited Liability Company ("Contractor"), and the County of
4 Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. The County has a need for emergency roofing maintenance services.
7 B. The County desires to enter into an agreement with the Contractor, in order to
8 expeditiously provide for the County's needs for emergency roofing maintenance services.
9 C. On August 16, 2023, the County issued a Request for Statement of Qualifications
10 (RFSQ) No. 24-005 for emergency roofing maintenance services, which closed on September
11 8, 2023.
12 D. The Contractor submitted a responsive bid to the RFSQ ("Responses"), and the
13 Contractor's pricing is set forth in Exhibit B.
14 The parties therefore agree as follows:
15 Article 1
16 Contractor's Services
17 1.1 Scope of Services. The Contractor shall perform all of the services provided in
18 Exhibit A to this Agreement, titled "Scope of Services."
19 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
20 able to perform all of the services provided in this Agreement.
21 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
22 applicable federal, state, and local laws and regulations in the performance of its obligations
23 under this Agreement, including but not limited to workers compensation, labor, and
24 confidentiality laws and regulations.
25 Article 2
26 County's Responsibilities
27 2.1 The County shall provide a County representative to represent the County, who will
28 work with the Contractor to carry out the Contractor's obligations under this Agreement. The
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1 County Representative will be the County's Facility Services Manager, and/or their designees.
2 The Contractor shall provide a contact person to the County Representative upon execution of
3 this Agreement,
4 Article 3
5 Compensation, Invoices, and Payments
6 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
7 the performance of its services under this Agreement as described in Exhibit B to this
8 Agreement.
9 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
10 under this Agreement is $1,200,000 for the initial three-year term of this Agreement. In the event
11 this Agreement is extended for its first optional one-year extension ("Year 4"), the total
12 compensation payable to the Contractor under this Agreement is $1,600,000. In the event this
13 Agreement is extended for its final one-year extension ("Year 5"), the total compensation
14 payable to the Contractor under this Agreement is $2,000,000. In the event the total maximum
15 compensation amount in the Initial Term, Year 4, and/or Year 5 is not fully expended, the
16 remaining unspent funding amounts shall roll over to each subsequent term's established
17 maximum compensation.
18 The Contractor acknowledges that the County is a local government entity, and does so with
19 notice that the County's powers are limited by the California Constitution and by State law, and
20 with notice that the Contractor may receive compensation under this Agreement only for
21 services performed according to the terms of this Agreement and while this Agreement is in
22 effect, and subject to the maximum amount payable under this section. The Contractor further
23 acknowledges that County employees have no authority to pay the Contractor except as
24 expressly provided in this Agreement.
25 3.3 Invoices. The Contractor shall submit monthly invoices to
26 or mailed to the County of Fresno, ISID, Attention: Facility
27 Services, 4950 E. Kings Canyon Rd., Fresno, CA 93702. All invoices shall reference the date of
28 service, agreement number provided, facilities work order number, the date and name of the
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I facility where services we performed, and include clear itemization of services. The Contractor
2 shall submit each invoice within 60 days after the month in which the Contractor performs
3 services and in any case within 60 days after the end of the term or termination of this
4 Agreement.
5 3.4 Payment. The County shall pay each correctly completed and timely submitted
6 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
7 address specified in the invoice.
8 3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
9 expenses that are not specified as payable by the County under this Agreement.
10 Article 4
11 Term of Agreement
12 4.1 Term. This Agreement is effective as of the date listed above and terminates three
13 years after that date, except as provided in section 4.2, "Extension," or Article 6, "Termination
14 and Suspension," below.
15 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
16 year periods only upon written approval of both parties at least 30 days before the first day of
17 the next one-year extension period. The Director of Internal Services/Chief Information Officer
18 or his or her designee is authorized to sign the written approval on behalf of the County based
19 on the Contractor's satisfactory performance. The extension of this Agreement by the County is
20 not a waiver or compromise of any default or breach of this Agreement by the Contractor
21 existing at the time of the extension whether or not known to the County.
22 Article 5
23 Notices
24 5.1 Contact Information. The persons and their addresses having authority to give and
25 receive notices provided for or permitted under this Agreement include the following:
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27 For the County:
Director of Internal Services/Chief Information Officer
28 County of Fresno
333 W. Pontiac Way
3
1 Clovis, CA 93612
a s,{
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For the Contractor:
3 President/CEO
Nations Roof West, LLC
4 5463 E Hedges Avenue
Fresno, CA 93727
5 Email Address: srauch@nationsroof.com
Phone: (559) 252-1255
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5.2 Change of Contact Information. Either party may change the information in section
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5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and the Contractor provided
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for or permitted under this Agreement must be in writing, state that it is a notice provided under
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this Agreement, and be delivered either by personal service, by first-class United States mail, by
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an overnight commercial courier service, or by Portable Document Format (PDF) document
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attached to an email.
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(A) A notice delivered by personal service is effective upon service to the recipient.
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(B) A notice delivered by first-class United States mail is effective three County
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business days after deposit in the United States mail, postage prepaid, addressed to the
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recipient.
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(C)A notice delivered by an overnight commercial courier service is effective one
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County business day after deposit with the overnight commercial courier service,
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delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
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the recipient.
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(D)A notice delivered by PDF document attached to an email is effective when
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transmission to the recipient is completed (but, if such transmission is completed outside
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of County business hours, then such delivery is deemed to be effective at the next
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beginning of a County business day), provided that the sender maintains a machine
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record of the completed transmission.
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5.4 Claims Presentation. For all claims arising from or related to this Agreement,
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nothing in this Agreement establishes, waives, or modifies any claims presentation
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1 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
2 of Title 1 of the Government Code, beginning with section 810).
3 Article 6
4 Termination and Suspension
5 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
6 contingent on the approval of funds by the appropriating government agency. If sufficient funds
7 are not allocated, then the County, upon at least 30 days' advance written notice to the
8 Contractor, may:
9 (A) Modify the services provided by the Contractor under this Agreement; or
10 (13) Terminate this Agreement.
11 6.2 Termination for Breach.
12 (A) Upon determining that a breach (as defined in paragraph (C) below) has
13 occurred, the County may give written notice of the breach to the Contractor. The written
14 notice may suspend performance under this Agreement, and must provide at least 30
15 days for the Contractor to cure the breach.
16 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
17 time stated in the written notice, the County may terminate this Agreement immediately.
18 (C) For purposes of this section, a breach occurs when, in the determination of the
19 County, the Contractor has:
20 (1) Obtained or used funds illegally or improperly;
21 (2) Failed to comply with any part of this Agreement;
22 (3) Submitted a substantially incorrect or incomplete report to the County; or
23 (4) Improperly performed any of its obligations under this Agreement.
24 6.3 Termination without Cause. In circumstances other than those set forth above, the
25 County may terminate this Agreement by giving at least 30 days advance written notice to the
26 Contractor.
27 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
28 under this Article 6 is without penalty to or further obligation of the County.
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1 6.5 County's Rights upon Termination. Upon termination for breach under this Article
2 6, the County may demand repayment by the Contractor of any monies disbursed to the
3 Contractor under this Agreement that, in the County's sole judgment, were not expended in
4 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
5 demand. This section survives the termination of this Agreement.
6 Article 7
7 Independent Contractor
8 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
9 agents, employees, and volunteers, is at all times acting and performing as an independent
10 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
11 venturer, partner, or associate of the County.
12 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
13 manner or method of the Contractor's performance under this Agreement, but the County may
14 verify that the Contractor is performing according to the terms of this Agreement.
15 7.3 Benefits. Because of its status as an independent contractor, the Contractor has no
16 right to employment rights or benefits available to County employees. The Contractor is solely
17 responsible for providing to its own employees all employee benefits required by law. The
18 Contractor shall save the County harmless from all matters relating to the payment of the
19 Contractor's employees, including compliance with Social Security withholding and all related
20 regulations.
21 7.4 Services to Others. The parties acknowledge that, during the term of this
22 Agreement, the Contractor may provide services to others unrelated to the County.
23 Article 8
24 Indemnity and Defense
25 8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
26 County (including its officers, agents, employees, and volunteers) against all claims, demands,
27 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
28 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
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1 the performance or failure to perform by the Contractor(or any of its officers, agents,
2 subcontractors, or employees) under this Agreement. The County may conduct or participate in
3 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
4 defend the County.
5 8.2 Survival. This Article 8 survives the termination of this Agreement.
6 Article 9
7 Insurance
8 9.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
9 Agreement.
10 Article 10
11 Inspections, Audits, and Public Records
12 10.1 Inspection of Documents. The Contractor shall make available to the County, and
13 the County may examine at any time during business hours and as often as the County deems
14 necessary, all of the Contractor's records and data with respect to the matters covered by this
15 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
16 request by the County, permit the County to audit and inspect all of such records and data to
17 ensure the Contractor's compliance with the terms of this Agreement.
18 10.2 State Audit Requirements. If the compensation to be paid by the County under this
19 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
20 California State Auditor, as provided in Government Code section 8546.7, for a period of three
21 years after final payment under this Agreement. This section survives the termination of this
22 Agreement.
23 10.3 Public Records. The County is not limited in any manner with respect to its public
24 disclosure of this Agreement or any record or data that the Contractor may provide to the
25 County. The County's public disclosure of this Agreement or any record or data that the
26 Contractor may provide to the County may include but is not limited to the following:
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1 (A) The County may voluntarily, or upon request by any member of the public or
2 governmental agency, disclose this Agreement to the public or such governmental
3 agency.
4 (B) The County may voluntarily, or upon request by any member of the public or
5 governmental agency, disclose to the public or such governmental agency any record or
6 data that the Contractor may provide to the County, unless such disclosure is prohibited
7 by court order.
8 (C)This Agreement, and any record or data that the Contractor may provide to the
9 County, is subject to public disclosure under the Ralph M. Brown Act (California
10 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
11 (D)This Agreement, and any record or data that the Contractor may provide to the
12 County, is subject to public disclosure as a public record under the California Public
13 Records Act (California Government Code, Title 1, Division 10, Chapter 3, beginning
14 with section 7920.200) ("CPRA").
15 (E) This Agreement, and any record or data that the Contractor may provide to the
16 County, is subject to public disclosure as information concerning the conduct of the
17 people's business of the State of California under California Constitution, Article 1,
18 section 3, subdivision (b).
19 (F) Any marking of confidentiality or restricted access upon or otherwise made with
20 respect to any record or data that the Contractor may provide to the County shall be
21 disregarded and have no effect on the County's right or duty to disclose to the public or
22 governmental agency any such record or data.
23 10.4 Public Records Act Requests. If the County receives a written or oral request
24 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
25 and which the County has a right, under any provision of this Agreement or applicable law, to
26 possess or control, then the County may demand, in writing, that the Contractor deliver to the
27 County, for purposes of public disclosure, the requested records that may be in the possession
28 or control of the Contractor. Within five business days after the County's demand, the
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1 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
2 possession or control, together with a written statement that the Contractor, after conducting a
3 diligent search, has produced all requested records that are in the Contractor's possession or
4 control, or(b) provide to the County a written statement that the Contractor, after conducting a
5 diligent search, does not possess or control any of the requested records. The Contractor shall
6 cooperate with the County with respect to any County demand for such records. If the
7 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
8 CPRA or other applicable law, it must deliver the record or data to the County and assert the
9 exemption by citation to specific legal authority within the written statement that it provides to
10 the County under this section. The Contractor's assertion of any exemption from disclosure is
11 not binding on the County, but the County will give at least 10 days' advance written notice to
12 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
13 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
14 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
15 failure to produce any such records, or failure to cooperate with the County with respect to any
16 County demand for any such records.
17 Article 11
18 Disclosure of Self-Dealing Transactions
19 11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation,
20 or changes its status to operate as a corporation.
21 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
22 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
23 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
24 the County before commencing the transaction or immediately after.
25 11.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
26 a party and in which one or more of its directors, as an individual, has a material financial
27 interest.
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1 Article 12
2 General Terms
3 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
4 Agreement may not be modified, and no waiver is effective, except by written agreement signed
5 by both parties. The Contractor acknowledges that County employees have no authority to
6 modify this Agreement except as expressly provided in this Agreement.
7 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
8 under this Agreement without the prior written consent of the other party.
9 12.3 Governing Law. The laws of the State of California govern all matters arising from
10 or related to this Agreement.
11 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
12 County, California. The Contractor consents to California jurisdiction for actions arising from or
13 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
14 brought and maintained in Fresno County.
15 12.5 Construction. The final form of this Agreement is the result of the parties' combined
16 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
17 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
18 against either party.
19 12.6 Days. Unless otherwise specified, "days" means calendar days.
20 12.7 Headings. The headings and section titles in this Agreement are for convenience
21 only and are not part of this Agreement.
22 12.8 Severability. If anything in this Agreement is found by a court of competent
23 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
24 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
25 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
26 intent.
27 12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
28 not unlawfully discriminate against any employee or applicant for employment, or recipient of
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1 services, because of race, religious creed, color, national origin, ancestry, physical disability,
2 mental disability, medical condition, genetic information, marital status, sex, gender, gender
3 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
4 all applicable State of California and federal statutes and regulation.
5 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
6 of the Contractor under this Agreement on any one or more occasions is not a waiver of
7 performance of any continuing or other obligation of the Contractor and does not prohibit
8 enforcement by the County of any obligation on any other occasion.
9 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
10 between the Contractor and the County with respect to the subject matter of this Agreement,
11 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
12 publications, and understandings of any nature unless those things are expressly included in
13 this Agreement. If there is any inconsistency between the terms of this Agreement without its
14 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
15 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
16 exhibits.
17 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
18 create any rights or obligations for any person or entity except for the parties.
19 12.13 Authorized Signature. The Contractor represents and warrants to the County that:
20 (A) The Contractor is duly authorized and empowered to sign and perform its
21 obligations under this Agreement.
22 (13) The individual signing this Agreement on behalf of the Contractor is duly
23 authorized to do so and his or her signature on this Agreement legally binds the
24 Contractor to the terms of this Agreement.
25 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by
26 electronic signature as provided in this section.
27 (A) An "electronic signature" means any symbol or process intended by an individual
28 signing this Agreement to represent their signature, including but not limited to (1) a
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1 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
2 electronically scanned and transmitted (for example by PDF document) version of an
3 original handwritten signature.
4 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
5 equivalent to a valid original handwritten signature of the person signing this Agreement
6 for all purposes, including but not limited to evidentiary proof in any administrative or
7 judicial proceeding, and (2) has the same force and effect as the valid original
8 handwritten signature of that person.
9 (C)The provisions of this section satisfy the requirements of Civil Code section
10 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
11 Part 2, Title 2.5, beginning with section 1633.1).
12 (D) Each party using a digital signature represents that it has undertaken and
13 satisfied the requirements of Government Code section 16.5, subdivision (a),
14 paragraphs (1) through (5), and agrees that each other party may rely upon that
15 representation.
16 (E) This Agreement is not conditioned upon the parties conducting the transactions
17 under it by electronic means and either party may sign this Agreement with an original
18 handwritten signature.
19 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
20 original, and all of which together constitute this Agreement.
21 Agent for Service of Process. The Contractor represents to the County that the
22 Contractor's agent for service of process in California, and that such agent's address for
23 receiving such service of process in California, which information the Contractor shall maintain
24 with the office of the California Secretary of State, is as follows: CSC - LAWYERS
25 INCORPORATING SERVICE
26 Registered Corporate 1505 Agent
27 2710 Gateway Oaks Drive# 150-N
28 Sacramento, CA 95833
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1 The Contractor further represents to the County that if the Contractor changes its agent for
2 service of process in California, or the Contractor's agent for service of process in California
3 changes its address for receiving such service of process in California, which changed
4 information the Contractor shall maintain with the office of the California Secretary of State, the
5 Contractor shall give the County written notice thereof within five (5) calendar days thereof
6 pursuant to Article 5.
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
NATIONS ROOF , LLC COUNTY OF FRESNO
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5 Sean Rauch, President/CEO SaltOuintfro, hairman of the Board of
Su iso the County of Fresno
6 5463 E Hedges Ave
Fresno, CA 93727 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.:7205
13 Fund No.:1045
Subclass No.:10000
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Exhibit A
1 Scope of Services
2 A. General Emergency Roofing Services
3 The scope of work can include, but is not limited to, the following:
4 - Installing new roof materials as prescribed by roofing manufacturers.
5 - Repairing surfaces that seal, waterproof, and weatherproof structures.
6 - Completing roof inspections and examination services.
7 - Demolishing, removing and disposing of any roofing-related materials, including but not
8 limited to: existing roof materials, felt paper and batts, roof jacks, valley flashing, fascia
9 gutters and ridge vent systems.
10 - Re-securing loose sheet metal items and resealing cracked or missing caulk joints, and
11 other associated tasks.
12 - Ensuring that warranties shall be in force for their full term.
13 B. Emergency Work
14 Emergency Response Service Calls - The vendor shall maintain on a 24 hours a day,
15 seven days a week basis, emergency availability to coordinate any necessary resolution to
16 roofing problems, including weekends and holidays. The Contractor will be required to
17 respond to emergency response service calls during and after business hours. Details
18 regarding each emergency service request will be relayed at the time of each call. This will
19 include weekends and holidays. The Contractor shall inform the County of any expected
20 arrival delays. All work of a callback nature shall be treated as an emergency and work
21 commenced shall be carried through to completion without delay.
22 Emergency Callbacks - Determination of call level, as described below, is at the sole
23 discretion of the Director of Internal Services/Chief Information Officer., or his/her authorized
24 representative. The County reserves the right to send the request to another contractor to
25 perform the services if the response level is not met.
26 Emergency callback levels are categorized as follows:
27 Level 1 — Requires onsite response in one hour or less.
28 Level 2 — Requires onsite response in four hours or less.
A-1
Exhibit A
1 Level 3 — Requires onsite response at 7:00 am the next normal working day.
2 All work must be approved and authorized in writing by the Facility Services Manager or their
3 designee at least 24 hours in advance, and before work can begin. The Contractor responding
4 to a service request shall report to the building manager prior to beginning work and at the
5 completion of work.
6 Each work area shall be kept clean and in order during working hours and at the
7 completion of the working day.
8 C. Workmanship
9 All maintenance and repairs shall be provided in accordance with the highest standards
10 of the industry, skill, workmanship, applicable trade practices, and shall meet warranties and be
11 in conformance to all applicable laws, codes, and regulations.
12 The Contractor shall, at all times, protect building from damage; remove and replace
13 with new work any work damaged by failure to provide protection. Replacement of damaged
14 work will be at no additional cost to the County.
15 All work areas shall be cleaned up and all debris removed by the contractor at the end of
16 the workday. Upon completion of work at each worksite, the vendor shall remove all equipment
17 and surplus material from the premises and legally dispose of it.
18 D. Scheduling of Work
19 All work must be approved and authorized in writing by the Facility Services Manager or
20 their designee, at least 24 hours, and prior to commencement of any work. Contractor(s)
21 responding to a service request shall report to the building manager prior to beginning work, and
22 at the completion of work. All roofing services shall be subject to the review and approval of
23 Facility Services.
24 E. Personnel Performance
25 1. Personnel: The Contractor shall have in their employ, or under their control, sufficient
26 qualified and competent personnel to perform work promptly and in accordance with
27 schedules and requirements provided herein.
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A-2
Exhibit A
1 2. Supervision: The successful contractor shall provide all supervision on site to
2 coordinate and inspect work.
3 3. Daily check in/out: vendor's on-site supervisor shall check-in with County Facilities
4 assigned Building Maintenance Specialist prior to the start of each day and report
5 progress at end of each day. Contractor's on-site supervisor shall also check-in with
6 County Facilities assigned Building Maintenance Specialist after completing the work
7 project for inspection.
8 4. Performance: the successful Contractor's personnel's performance must be in line
9 with industry standards. All work shall be performed in a professional manner and in
10 compliance with all federal, state, and local laws and codes.
11 5. Uniforms: while on duty all workers shall be identified by uniform shirt, blouse, or
12 smock indicating the company name or logo in print large enough to be easily read.
13 F. Security
14 Security is of great concern to the County. Failure to fully comply with the
15 security requirements below will be considered a breach of security and shall result in
16 termination of any ensuing contract for default.
17 Contractor's personnel shall cooperate with all Security personnel at all times
18 and be subject to and conform to County security rules and regulations. Any violations or
19 disregard of these rules may be cause for denial of access to County property.
20 The policies below may change throughout the life of this Agreement. It is the
21 Contractor's responsibility to request updates from the County. Please see the following
22 exhibits:
23 1. Background Investigations & Identification (ID) Badges. See Exhibit E.
24 2. The Prison Rape Elimination Act. See Exhibit F.
25 3. Probation Juvenile Detention Facilities— No Hostage Policy. See Exhibit G
26 4. Fresno Sheriff—Coroner's Office (FSCO) Jail Detention Facilities— No
27 Hostage Policy. See Exhibit H.
28 5. Probation Vendors, Volunteers & Student Interns Policy#309. See Exhibit I
A-3
Exhibit A
1 G. Prevailing Wage
2 It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not
3 less than the prevailing wage rates, including overtime and holiday rates, to all workers,
4 laborers, or mechanics employed on this public work project, including those workers employed
5 as apprentices. Further, Contractor and each subcontractor shall comply with Labor Code
6 sections 1777.5 and 1777.6 concerning the employment of apprentices. A copy of the above-
7 mentioned prevailing wage rates shall be posted by the Contractor at the job site where it will be
8 available to any interested party.
9 Contractor shall comply with Labor Code section 1775 and forfeit as a penalty to County
10 Two Hundred Dollars ($200.00) for each calendar day or portion thereof, for each worker paid
11 less than the prevailing wage rates for the work or craft in which the worker is employed for any
12 work done under this project by Contractor or by any subcontractor under Contractor in violation
13 of Labor Code section 1770, et seq. In addition to the penalty, the difference between the
14 prevailing wage rates and amount paid to each worker for each calendar day or portion thereof
15 for which each worker was paid less than the prevailing wage rate shall be paid to each worker
16 by the Contractor or subcontractor.
17 Contractor and each subcontractor shall keep an accurate record showing the names,
18 address, social security number, work classification, straight time and overtime hours worked
19 each day and week, and the actual per them wages paid to each journeyman, apprentice,
20 worker, or other employee employed by them in connection with this public work project. In
21 accordance with Labor Code section 1776, each payroll record shall be certified and verified by
22 a written declaration under penalty of perjury stating that the information within the payroll
23 record is true and correct and that the Contractor or subcontractor complied with the
24 requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its
25 employees on this public work project. These records shall be open at all reasonable hours to
26 inspection by the County, its officers, and agents, and to the representatives of the State of
27 California - Department of Industrial Relations, including but not limited to the Division of Labor
28 Standards Enforcement.
A-4
Exhibit B
1 Compensation
2 The Contractor will be compensated for performance of its services under this
3 Agreement as provided in this Exhibit B. The Contractor is not entitled to any compensation
4 except as expressly provided in this Exhibit B.
5 The Contractor will bill the County at the below rates for only on-site time worked. The
6 hourly rate is for one person. "Regular Business Hours" are defined as being from 7:00 am to
7 5:00 pm. "After Business Hours" are defined as being from 5:01 pm to 6:59 am. The Contractor
8 shall respond to emergency service requests by phone within 30 minutes, including weekends
9 and Holidays. Sundays are paid at holiday pay hourly rate.
10 Technician Rate
Type Classification Year I Year 2 Year 3 Year 4 Year 5
11 Regular
Business $94.73/hour $98.13/hour $106.61/hour $115.10/hour $123.58/hour
12 Hours
Roofer After
13 Business Hours $143.56/hour $148.29/hour $160.12/hour $171.96/hour $183.79/hour
14
Holiday Pay $201.04/hour $208.13/hour $225.84/hour $243.55/hour $261.27/hour
15 Regular
Business $106.18/hour $109.83/hour $124,39/hour $133.49/hour $142.60/hour
16 Hours
Foreman After
17 Business $164.171hour $169.44/hour $190.56/hour $203.76/hour $216.96/hour
Hours
18
Holiday Pay $234.77/hour $243.84/hour $276.12/hour $296.30/hour $316.47/hour
19 Regular
Business $112.55/hour $116.74/hour $127.21/hour $137.67/hour $148.14/hour
20 Hours
Superintendent After
21 Business $173.39/hour $179.47/hour $194.64/hour $209.82/hour $225.00/hour
Hours
22
Holiday Pay $249.88/hour $259.16/hour $282.36/hour $305.561hour $328.761hour
23 Regular
Business $112.551hour $116.74/hour $127.21/hour $137.67/hour $148.141hour
24 Hours
Quality Control After
25 Manager Business $173.99/hour $179,47/hour $194.64/hour $209.82/hour $225,00/hour
26 Hours
27 Holiday Pay $249.88/hour $259.16/hour $282.36/hour $305.56/hour $328.76/hour
Site Safety Regular
28 Health Officer Business $112.55/hour $116.74/hour $127.21/hour $137.67/hour $148.14/hour
Hours
B-1
Exhibit B
1 After
Business $173.39/hour $179.47/hour $194.64/hour $209.82/hour $225.00/hour
2 Hours
3 Holiday Pay $249.88/hour $259.16/hour $282.36/hour 1 $305.56/hour $328.76/hour
4
5
6 Parts and Materials:
7 Discount Effective Date(s)
8 List +15% Overhead +10% Profit Duration of contract
9
10 Mileage Rate:
11 The County will not pay for time spent in route or traveling in order to acquire parts/supplies.
12
Mileage may begin at 5463 E. Hedges Ave., Fresno CA 93727, and stop at the specific jobsite.
13
Mileage may also begin at a specific jobsite and end at the next jobsite.
14
15 Year 1 Year 2 Year 3 Year 4 Year 5
16 $2.97/mile $3.30/mile $3.77/mile $4.18/mile $4.65/mile
17
18
19
20
21
22
23
24
25
26
27
28
B-2
Exhibit C
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).
C-1
Exhibit C
(1) Company Beard Member Information:
Name: Date:
Jab 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§6233(a)
(6)Authorized Signature
Signature: Date:
C-2
Exhibit D
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 ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). 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 ($4,000,000). This policy must be issued on a per occurrence basis.
2. 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
D-1
Exhibit D
Floor, Fresno, California 93721, or HRRiskMan, t ca. ov, 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.
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
D-2
Exhibit D
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 subcontractors,
D-3
Exhibit E
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 Sheriff's
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 Sheriff's 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.
E-1
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.
E-2
Exhibit F
THE PRISON RAPE ELIMINATION (PREA) ACT
All contractors 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/
F-1
Exhibit G
Subject: Hostage Situations
yFresno County
/ 4 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.
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:
G-1
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.
G-2
Exhibit H
"NO HOSTAGE" POLICY
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 Sheriffs 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).
H-1
Exhibit
• 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 for the 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. Vendors,Volunteers and Student Interns-79
Published with permission by Fresno County Probation
Department
I-1
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. Vendors,Volunteers and Student Interns-80
Published with permission by Fresno County Probation
Department
1-2
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.
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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.
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(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.
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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
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