HomeMy WebLinkAboutAgreement A-24-420 with ACCO Engineered Inc..pdf Agreement No. 24-420
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated August 6, 2024 and is between
3 ACCO Engineered Systems, Inc., a California corporation ("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 forced air, package unit, and other heating, ventilation, and
7 air conditioning (HVAC) parts, services, and repairs on an "as-needed" basis at various
8 locations throughout the County.
9 B. This may include, but is not limited to, fabricating, installing, cleaning, maintaining,
10 servicing, recharging, and inspecting warm-air heating systems, ventilating systems, and air-
11 conditioning systems, and all other work and equipment associated with these systems. This
12 does not include any services or parts for boilers, chillers, or cooling towers and is only intended
13 for forced air, package units, mini split HVAC units and other HVAC units.
14 C. The County released Request for Quotation (RFQ) No. 24-063 on April 26, 2024,
15 requesting the successful bidder provide pricing for such HVAC system parts, services, and
16 repairs for the County. The County received one bid, provided by the Contractor.
17 D. The County desires to engage the Contractor to provide forced air, package unit, and
18 other HVAC system parts, services, and repairs on an "as-needed" basis pursuant to the terms
19 of this Agreement.
20 The Contractor is qualified and willing to perform said services. The parties therefore
21 agree as follows:
22 Article 1
23 Contractor's Services
24 1.1 Scope of Services. The Contractor shall perform all of the services provided in
25 Exhibit A to this Agreement, titled "Scope of Services."
26 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
27 able to perform all of the services provided in this Agreement.
28
1
1 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
2 applicable federal, state, and local laws and regulations in the performance of its obligations
3 under this Agreement, including but not limited to workers compensation, labor, and
4 confidentiality laws and regulations.
5 1.4 Confidentiality of Inmates/Wards/Patients/Clients Identity. Some the Work to be
6 performed under this Agreement may occur in secured facilities or facilities that require
7 confidentiality. The Contractor shall alert and inform its employees and agents that State law
8 requires that the identities of inmates/wards/patients/clients be kept confidential. Revealing the
9 identities of inmates/wards/patients/clients is punishable by law.
10 1.5 Security. Security is of great concern to the County. Failure to comply with the
11 security requirements listed below will be considered a breach of contract, and may result in
12 termination of this Agreement and any Job Order for default. The Contractor's personnel shall
13 cooperate with all County security personnel at all times, and shall be subject to and conform to
14 County security rules and regulations, including, but not limited to County security rules and
15 procedures, as detailed in Exhibits E through I. Any violations or disregard of these rules may
16 be cause for denial of access to County property. The background checks required, and policies
17 listed below, may change throughout the life of this Agreement. It is the Contractor's
18 responsibility to request updates from the County. All of the Contractor's employees, agents,
19 and subcontractors must read the policies listed below. Please see the following Exhibits:
20 . Exhibit E — Probation Juvenile Detention Facilities — No Hostage Policy
21 . Exhibit F— Probation Juvenile Detention Facilities— Campus Manual
22 . Exhibit G — Fresno Sheriff— Coroner's Office (FSCO) Jail Detention Facilities — No
23 Hostage Policy
24 . Exhibit H —The Prison Rape Elimination Act
25 . Exhibit I — Background Investigations & Identification (ID) Badges
26 Security provisions will be strictly enforced. All parties who are required to perform their
27 individual services at the site shall be limited to the area required to complete the Work. Such
28
2
1 access shall be obtained by notification to the Facility Services Manager or his designee, of the
2 time and place, prior to commencing the Work.
3 All keys used during construction shall be numbered. Each key issued shall be recorded,
4 and its prompt return shall be strictly enforced. Duplication of any keys issued is strictly
5 prohibited. These keys shall be returned to the County's representative at the end of each
6 working day, when required.
7 Some of the Projects to be done under this Agreement may be in secured facilities such
8 as jails. Prior to commencement of Work, the Contractor, including all subcontractor and
9 contractors, shall obtain security clearances for all employees that will be working or making
10 deliveries to the sites.
11 When Work is performed in secured facilities, it is incumbent upon the Contractor to alert
12 all workmen of the necessity for extreme care in accounting for, and keeping all areas free of
13 any and all types of hand tools, power tools, small parts, scrap material, and all other materials
14 which might be concealed upon the person of an inmate/ward/patient, at all times when such
15 tools and materials are not used for the task at hand.
16 Each Work area shall be kept clean and in order both during working hours and at the
17 completion of the working day.
18 Article 2
19 County's Responsibilities
20 2.1 County Representative. The County shall provide a County representative to
21 represent the County, who will work with the Contractor to carry out the Contractor's obligations
22 under this Agreement. The County representative will be the County's Facility Services
23 Manager, and/or their designees. The Contractor shall provide a contact person to the County
24 Representative upon execution of this Agreement.
25
26
27
28
3
1 Article 3
2 Compensation, Invoices, and Payments
3 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
4 the performance of its services under this Agreement as described in Exhibit B to this
5 Agreement, titled "Compensation".
6 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
7 under this Agreement is $1,000,000 for the initial three-year term of this Agreement ("Initial
8 Term"). In the event this Agreement is extended for its first optional one-year extension ("Year
9 4"), the total compensation payable to the Contractor under this Agreement is $1,500,000. In the
10 event this Agreement is extended for its final one-year extension ("Year 5"), the total
11 compensation payable to the Contractor under this Agreement is $2,000,000. In the event the
12 total maximum compensation amount in the Initial Term, Year 4, and/or Year 5 is not fully
13 expended, the remaining unspent funding amounts shall roll over to each subsequent term's
14 established maximum compensation.
15 The Contractor acknowledges that the County is a local government entity, and does so with
16 notice that the County's powers are limited by the California Constitution and by State law, and
17 with notice that the Contractor may receive compensation under this Agreement only for
18 services performed according to the terms of this Agreement and while this Agreement is in
19 effect, and subject to the maximum amount payable under this section. The Contractor further
20 acknowledges that County employees have no authority to pay the Contractor except as
21 expressly provided in this Agreement.
22 3.3 Invoices. The Contractor shall submit monthly invoices referencing the provided
23 agreement number to the County of Fresno, Facility Services, Attention: Facility Services
24 Manager, 4590 E. Kings Canyon Road, Fresno, CA 93702,
25 ISDFacilitiesAP@fresnocountyca.gov. Each invoice shall reference this agreement number, the
26 FAMIS (the County's computerized maintenance management system) work order number, the
27 OMNIA Partners contract number, the date of service, arrival and departure time, address of
28 serviced building, specific area where work was performed, description of services provided,
4
1 number of service hours and hourly rates for services provided, materials used and cost of
2 materials, notice that warranty of any new material installed was provided, the printed name of
3 the County representative who authorized the work, and the name of the vendor and vendor
4 technician that provided the service. The Contractor shall submit each invoice within 60 days
5 after the month in which the Contractor performs services and in any case within 60 days after
6 the end of the term or termination of this Agreement.
7 3.4 Payment. The County shall pay each correctly completed and timely submitted
8 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
9 address specified in the invoice.
10 3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
11 expenses that are not specified as payable by the County under this Agreement.
12 Article 4
13 Term of Agreement
14 4.1 Term. This Agreement is effective on August 8, 2024, and terminates on August 7,
15 2027, ("Initial Term"), except as provided in section 4.2, "Extension," or Article 6, "Termination
16 and Suspension," below.
17 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
18 year periods only upon written approval of both parties at least 30 days before the first day of
19 the next one-year extension period. The Director of Internal Services/Chief Information Officer
20 or his or her designee is authorized to sign the written approval on behalf of the County based
21 on the Contractor's satisfactory performance. The extension of this Agreement by the County is
22 not a waiver or compromise of any default or breach of this Agreement by the Contractor
23 existing at the time of the extension whether or not known to the County.
24 Article 5
25 Notices
26 5.1 Contact Information. The persons and their addresses having authority to give and
27 receive notices provided for or permitted under this Agreement include the following:
28
5
1 For the County:
Director of Internal Services/Chief Information Officer
2 County of Fresno
333 W. Pontiac Way
3 Clovis, CA 93612
isdcontracts@fresnocountyca.gov
4
For the Contractor:
5 Risk Manager
ACCO Engineered Systems, Inc.
6 888 Walnut Street
Pasadena, CA 91101
7 hpalmer@acooes.com
8
5.2 Change of Contact Information. Either party may change the information in section
9
5.1 by giving notice as provided in section 5.3.
10
5.3 Method of Delivery. Each notice between the County and the Contractor provided
11
for or permitted under this Agreement must be in writing, state that it is a notice provided under
12
this Agreement, and be delivered either by personal service, by first-class United States mail, by
13
an overnight commercial courier service, or by Portable Document Format (PDF) document
14
attached to an email.
15
(A) A notice delivered by personal service is effective upon service to the recipient.
16
(B) A notice delivered by first-class United States mail is effective three County
17
business days after deposit in the United States mail, postage prepaid, addressed to the
18
recipient.
19
(C) A notice delivered by an overnight commercial courier service is effective one
20
County business day after deposit with the overnight commercial courier service, delivery fees
21
prepaid, with delivery instructions given for next day delivery, addressed to the recipient.
22
(D) A notice delivered by PDF document attached to an email is effective when
23
transmission to the recipient is completed (but, if such transmission is completed outside of
24
County business hours, then such delivery is deemed to be effective at the next beginning of a
25
County business day), provided that the sender maintains a machine record of the completed
26
transmission.
27
5.4 Claims Presentation. For all claims arising from or related to this Agreement,
28
nothing in this Agreement establishes, waives, or modifies any claims presentation
6
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 (B) 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 notice
14 may suspend performance under this Agreement, and must provide at least 30 days for the
15 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.
7
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 Taxes, Permits, Fees, and Indemnification for Patent Infringement Claim
8 7.1 Taxes, permits, fees and indemnification for patent infringement claim. The
9 Contractor shall pay for and include all Federal, State, and local taxes, direct or indirect, upon all
10 materials, and take out and pay all fees and charges for permits and licenses, unless otherwise
11 specified in the Job Order or Technical Specifications.
12 7.2 Royalty and license fees incidental to the use of any patented material, device or
13 process shall be paid by the Contractor, and in the event of a claim or alleged infringement of
14 patent copyright, or Trade Secrete rights, the Contractor shall indemnify, save the County free
15 and harmless, and defend, at the Contractor's own expense, any and all suits that may be
16 brought in connection with such royalty and license fees.
17 Article 8
18 Independent Contractor
19 8.1 Status. In performing under this Agreement, the Contractor, including its officers,
20 agents, employees, and volunteers, is at all times acting and performing as an independent
21 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
22 venturer, partner, or associate of the County.
23 8.2 Verifying Performance. The County has no right to control, supervise, or direct the
24 manner or method of the Contractor's performance under this Agreement, but the County may
25 verify that the Contractor is performing according to the terms of this Agreement.
26 8.3 Benefits. Because of its status as an independent contractor, the Contractor has no
27 right to employment rights or benefits available to County employees. The Contractor is solely
28 responsible for providing to its own employees all employee benefits required by law. The
8
1 Contractor shall save the County harmless from all matters relating to the payment of the
2 Contractor's employees, including compliance with Social Security withholding and all related
3 regulations.
4 8.4 Services to Others. The parties acknowledge that, during the term of this
5 Agreement, the Contractor may provide services to others unrelated to the County.
6 Article 9
7 Indemnity and Defense
8 9.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
9 County (including its officers, agents, employees, and volunteers) against all claims, demands,
10 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
11 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
12 the performance or failure to perform by the Contractor (or any of its officers, agents,
13 subcontractors, or employees) under this Agreement. The County may conduct or participate in
14 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
15 defend the County.
16 9.2 Survival. This Article 9 survives the termination of this Agreement.
17 Article 10
18 Insurance
19 10.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
20 Agreement.
21 Article 11
22 Inspections, Audits, and Public Records
23 11.1 Inspection of Documents. The Contractor shall make available to the County, and
24 the County may examine at any time during business hours and as often as the County deems
25 necessary, all of the Contractor's records and data with respect to the matters covered by this
26 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
27 request by the County, permit the County to audit and inspect all of such records and data to
28 ensure the Contractor's compliance with the terms of this Agreement.
9
1 11.2 State Audit Requirements. If the compensation to be paid by the County under this
2 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
3 California State Auditor, as provided in Government Code section 8546.7, for a period of three
4 years after final payment under this Agreement. This section survives the termination of this
5 Agreement.
6 11.3 Public Records. The County is not limited in any manner with respect to its public
7 disclosure of this Agreement or any record or data that the Contractor may provide to the
8 County. The County's public disclosure of this Agreement or any record or data that the
9 Contractor may provide to the County may include but is not limited to the following:
10 (A) The County may voluntarily, or upon request by any member of the public or
11 governmental agency, disclose this Agreement to the public or such governmental
12 agency.
13 (B) The County may voluntarily, or upon request by any member of the public or
14 governmental agency, disclose to the public or such governmental agency any record or
15 data that the Contractor may provide to the County, unless such disclosure is prohibited
16 by court order.
17 (C)This Agreement, and any record or data that the Contractor may provide to the
18 County, is subject to public disclosure under the Ralph M. Brown Act (California
19 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
20 (D) This Agreement, and any record or data that the Contractor may provide to the
21 County, is subject to public disclosure as a public record under the California Public
22 Records Act (California Government Code, Title 1, Division 10, Chapter 3, beginning
23 with section 7920.200) ("CPRA").
24 (E) This Agreement, and any record or data that the Contractor may provide to the
25 County, is subject to public disclosure as information concerning the conduct of the
26 people's business of the State of California under California Constitution, Article 1,
27 section 3, subdivision (b).
28
10
1 (F) Any marking of confidentiality or restricted access upon or otherwise made with
2 respect to any record or data that the Contractor may provide to the County shall be
3 disregarded and have no effect on the County's right or duty to disclose to the public or
4 governmental agency any such record or data.
5 11.4 Public Records Act Requests. If the County receives a written or oral request
6 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
7 and which the County has a right, under any provision of this Agreement or applicable law, to
8 possess or control, then the County may demand, in writing, that the Contractor deliver to the
9 County, for purposes of public disclosure, the requested records that may be in the possession
10 or control of the Contractor. Within five business days after the County's demand, the
11 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
12 possession or control, together with a written statement that the Contractor, after conducting a
13 diligent search, has produced all requested records that are in the Contractor's possession or
14 control, or (b) provide to the County a written statement that the Contractor, after conducting a
15 diligent search, does not possess or control any of the requested records. The Contractor shall
16 cooperate with the County with respect to any County demand for such records. If the
17 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
18 CPRA or other applicable law, it must deliver the record or data to the County and assert the
19 exemption by citation to specific legal authority within the written statement that it provides to
20 the County under this section. The Contractor's assertion of any exemption from disclosure is
21 not binding on the County, but the County will give at least 10 days' advance written notice to
22 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
23 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
24 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
25 failure to produce any such records, or failure to cooperate with the County with respect to any
26 County demand for any such records.
27
28
11
1 Article 12
2 Disclosure of Self-Dealing Transactions
3 12.1 Applicability. This Article 12 applies if the Contractor is operating as a corporation,
4 or changes its status to operate as a corporation.
5 12.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
6 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
7 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
8 the County before commencing the transaction or immediately after.
9 12.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
10 a party and in which one or more of its directors, as an individual, has a material financial
11 interest.
12 Article 13
13 General Terms
14 13.1 County. The County of Fresno, State of California, as represented by the Fresno
15 County Board of Supervisors.
16 13.2 Director. The County's Director of Internal Services/Chief Information Officer, acting
17 either directly or through properly authorized agents, such agents acting within the scope of the
18 particular duties entrusted to them, which ever department issues the Notice to Proceed to the
19 Contractor.
20 13.3 Contractor. When used in the General Conditions refer to: person, persons, entity,
21 co-partnership: or corporation so named in the Agreement; when used in the body of the
22 Agreement Documents, refers to the Contractor for that specific work, whether it be the General
23 Contractor, subcontractor, or other contractor.
24 13.4 Subcontractor. Person, persons, entity, co-partnership or corporation having direct
25 contract with the Contractor.
26 13.5 Modification. Except as provided in Article 6, "Termination and Suspension," this
27 Agreement may not be modified, and no waiver is effective, except by written agreement signed
28
12
1 by both parties. The Contractor acknowledges that County employees have no authority to
2 modify this Agreement except as expressly provided in this Agreement.
3 13.6 Non-Assignment. Neither party may assign its rights or delegate its obligations
4 under this Agreement without the prior written consent of the other party.
5 13.7 Governing Law. The laws of the State of California govern all matters arising from
6 or related to this Agreement.
7 13.8 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
8 County, California. The Contractor consents to California jurisdiction for actions arising from or
9 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
10 brought and maintained in Fresno County.
11 13.9 Construction. The final form of this Agreement is the result of the parties' combined
12 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
13 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
14 against either party.
15 13.10 Days. Unless otherwise specified, "days" means calendar days.
16 13.11 Headings. The headings and section titles in this Agreement are for convenience
17 only and are not part of this Agreement.
18 13.12 Severability. If anything in this Agreement is found by a court of competent
19 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
20 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
21 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
22 intent.
23 13.13 Nondiscrimination. During the performance of this Agreement, the Contractor shall
24 not unlawfully discriminate against any employee or applicant for employment, or recipient of
25 services, because of race, religious creed, color, national origin, ancestry, physical disability,
26 mental disability, medical condition, genetic information, marital status, sex, gender, gender
27 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
28 all applicable State of California and federal statutes and regulation.
13
1 13.14 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
2 of the Contractor under this Agreement on any one or more occasions is not a waiver of
3 performance of any continuing or other obligation of the Contractor and does not prohibit
4 enforcement by the County of any obligation on any other occasion.
5 13.15 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
6 between the Contractor and the County with respect to the subject matter of this Agreement,
7 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
8 publications, and understandings of any nature unless those things are expressly included in
9 this Agreement. If there is any inconsistency between the terms of this Agreement without its
10 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
11 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
12 exhibits.
13 13.16 No Third-Party Beneficiaries. This Agreement does not and is not intended to
14 create any rights or obligations for any person or entity except for the parties.
15 13.17 Authorized Signature. The Contractor represents and warrants to the County that:
16 (A) The Contractor is duly authorized and empowered to sign and perform its
17 obligations under this Agreement.
18 (B) The individual signing this Agreement on behalf of the Contractor is duly
19 authorized to do so and his or her signature on this Agreement legally binds the
20 Contractor to the terms of this Agreement.
21 13.18 Electronic Signatures. The parties agree that this Agreement may be executed by
22 electronic signature as provided in this section.
23 (A) An "electronic signature" means any symbol or process intended by an individual
24 signing this Agreement to represent their signature, including but not limited to (1) a
25 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
26 electronically scanned and transmitted (for example by PDF document) version of an
27 original handwritten signature.
28
14
1 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
2 equivalent to a valid original handwritten signature of the person signing this Agreement
3 for all purposes, including but not limited to evidentiary proof in any administrative or
4 judicial proceeding, and (2) has the same force and effect as the valid original
5 handwritten signature of that person.
6 (C)The provisions of this section satisfy the requirements of Civil Code section
7 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
8 Part 2, Title 2.5, beginning with section 1633.1).
9 (D) Each party using a digital signature represents that it has undertaken and
10 satisfied the requirements of Government Code section 16.5, subdivision (a),
11 paragraphs (1) through (5), and agrees that each other party may rely upon that
12 representation.
13 (E) This Agreement is not conditioned upon the parties conducting the transactions
14 under it by electronic means and either party may sign this Agreement with an original
15 handwritten signature.
16 13.19 Counterparts. This Agreement may be signed in counterparts, each of which is an
17 original, and all of which together constitute this Agreement.
18 [SIGNATURE PAGE FOLLOWS]
19
20
21
22
23
24
25
26
27
28
15
1 The parties are signing this Agreement on the date stated in the introductory clause.
2
ACCO ENGINEERED SYSTEMS, INC. COUNTY OF FRESNO
3
4 ttGtAG� �aGe�
Hugh P mer(Jul2,2024 14:01 PDT)
5 Hugh Palmer, Assistant Secretary/Risk Nathan Magsig, Chairman of the Board of
Manager Supervisors of the County of Fresno
6
888 Walnut Street Attest:
7 Pasadena, CA 91101 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
By:
10 Deputy
11 For accounting use only:
12 Org No.: 8935
Account No.: 7295
13 Fund No.: 1045
Subclass No.: 10000
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16
Exhibit A
1 Scope of Services
2 The Contractor shall provide all labor, materials, tools, transportation, and equipment
3 required to provide forced air, package unit, and other HVAC parts, service, and repairs, on an
4 "as-needed" basis, at various locations throughout the County, as described below.
5 Parts:
6 The County operates HVAC equipment from manufacturers that include but are not
7 limited to Carrier, Goodman, Lennox, Mcquay, Rheem, Ruud, Trane, and York.
8 The Contractor shall provide parts and materials on an "as-needed" basis.
9 . Parts may be ordered for delivery to County facilities or picked-up in store by
10 County staff.
11 . The County may from time to time, request to see the list/catalog pricing to verify
12 charges, and the Contractor shall comply.
13 NO parts or materials will be provided for boilers, chillers, or cooling towers; part and
14 materials are only intended for forced air, package units, mini split HVAC units and other HVAC
15 units.
16
17 Services:
18 The Contractor shall perform services and repairs on an "as-needed" basis to HVAC and
19 related systems at various locations throughout the County including, but not limited to:
20 . Fabricating;
21 . Installing;
22 . Cleaning;
23 . Maintaining;
24 . Servicing;
25 9�Rechar in
• 9;
26 Inspecting; and
27 all other work associated with warm-air heating systems, ventilating systems, air-
28 conditioning systems, and similar HVAC systems.
A-1
Exhibit A
1 NO services will be provided for boilers, chillers, or cooling towers; services are only
2 intended for forced air, package units, mini split HVAC units and other HVAC units.
3 The Contractor shall, at all times, protect County buildings from damage. The Contractor
4 shall remove, and replace with new work, any work damaged by failure to provide protection.
5 Replacement of damaged work will be performed at no additional cost to the County.
6 When services are performed in secured facilities, County staff will remind the
7 Contractor of the necessity for extreme care in accounting for, and keeping all areas free of any
8 and all types of hand tools, power tools, small parts, scrap material, and all other materials
9 which might be concealed upon the person of an inmate/ward/patient, at all times when such
10 tools and materials are not used for the task at hand.
11 Each work area shall be kept clean and in order both during working hours and at the
12 completion of the working day.
13 Workmanship shall be to the best of trade practices, performed by workers thoroughly
14 trained and familiar with the respective systems. All defective workmanship shall be corrected
15 by the Contractor at the Contractor's expense.
16
17 Scheduling of Work
18 Work may be required to be performed during regular business hours ("Regular" hours)
19 and after business hours ("Premium" hours). Regular hours are 7:00 am to 5:00 pm, Monday
20 through Friday, excluding County Holidays. Any hours that fall outside of Regular hours will be
21 considered Premium hours; this includes any work performed from 5:00 pm to 7:00 am, Monday
22 through Friday, all weekends, and all County Holidays.
23
24 Emergency Work
25 The Contractor shall respond to emergency response service calls during Regular and
26 Premium Hours. Details regarding each emergency service request will be relayed at the time of
27 each call. The bidder shall inform the County of any expected arrival delays. All work of a
28
A-2
Exhibit A
1 callback nature shall be treated as an emergency and work commenced shall be carried
2 through to completion without delay.
3 Determination of call level is at the sole discretion of the Director of Internal
4 Services/Chief Information Officer or his/her authorized representatives. Emergency
5 callback levels are categorized as follows:
6 . Level 1 — Requires onsite response in one hour or less.
7 • Level 2 — Requires onsite response in four hours or less.
8 • Level 3 — Requires onsite response at 7:00 am the next normal working day.
9 All work must be approved by the Facility Services Manager or their designee before
10 work can begin. Contractors responding to a service request shall report to the building
11 manager prior to beginning work, and at the completion of work.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A-3
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
6 Labor:
7 Service Levels
and Rates(per Rate Year 1 Rate Year 2 Rate Year 3 Rate Optional Rate Optional
Year 4 Year 5
8 hour)
Normal Hours $172.00 $177.00 $182.00 $187.00 $192.00
9 Premium Hours $258.00 $265.50 $273.00 $280.50 $288.00
10
11 Parts and Materials
12 Parts and materials will be reimbursed at cost. A copy of the original invoice must
13 accompany the invoice for payment.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B-1
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 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:
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) Professional Liability. If the Contractor employs licensed professional staff, (e.g., Ph.D., R.
N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of
not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars
($3,000,000.00) annual aggregate. This coverage shall be issued on a per claim basis.
Contractor agrees that it shall maintain, at its sole expense, in full force and effect for a
period of three years following the termination of this Agreement, one or more policies of
professional liability insurance with limits of coverage as specified herein.
(G)Property Installation Floater. CONTRACTOR shall procure and maintain at
CONTRACTOR's sole cost and expense, Property Installation Floater which provides for the
improvement, remodel, modification, alteration, conversion, or adjustment to existing
D-1
Exhibit D
buildings, structures, processes, machinery and equipment. The Property Installation Floater
shall provide property damage coverage for any building, structures, machinery, or
equipment damaged, impaired, broke, or destroyed during the performance of the work,
including during transit, installation, and testing at COUNTY's site. The policy must name
COUNTY as an additional loss payee and must include applicable endorsements.
(H) 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.
(1) All-Risk Insurance. The Contractor shall procure and maintain at Contractor's sole cost and
expense, Builders Risk Course of Construction insurance, including fire and vandalism
coverage, covering the entire work(including any County furnished material and equipment)
against loss or damage until completion and acceptance by County. Such insurance shall be
for each Job Order in an amount up to the value of each Job, and endorsed for broad form
property damage, breach of warranty, demolition costs, and debris removal. County will
permit a deductible not exceeding 5%. The policy must cover Contractor, Contractor's
subcontractors, County, its agents, the awarding entity, and any Trustee, under the indenture
or trust agreement securing the bonds, certificates of participation, or other evidence of
indebtedness issued to finance the work contemplated herein. The value of the policy shall
be in U.S. currency.
(J) Bonds. The Contractor shall furnish to COUNTY a payment bond and performance bond,
each in the amount of 100% of the Maximum Contract Amount, which shall meet the
requirements of all applicable statutes, including but not limited to those specified in Public
Contract Code section 20129 and Civil Code section 9554; all bonds shall be submitted in
triplicate.
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
Floor, Fresno, California 93721, or HRRiskManagement(o�.fresnocountyca.gov, 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
D-2
Exhibit D
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
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,
D-3
Exhibit D
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. Sub-
Contractors.
D-4
Exhibit E
r— Subject: Hostage Situations
Fresno County` Policy Number: 326.0
Page: 1 of 2
'\ Juvenile Justice CampusDate Originated: April 1, 2004
Policy Manual Date Revised: February 1, 2008
Authority: Title 15; Section 1327;
California Code of Regulations
It is imperative for the safety and security of all persons within Juvenile Justice Campus
(JJC) facilities, as well as for those in the community, that minors are not allowed to
leave the secure confines of the facilities by the taking of a hostage(s). If successful in
securing a release through these means minors would be much more likely in the future
to use this practice again in an attempt to escape the confines of the facilities. This
would put those visiting and working at the JJC at higher level of risk and would
jeopardize the safety of the community if the minor was in fact successful in securing
his/her release.
The JJC is a "no-hostage" facility. This means that minors will not be released from
custody under any circumstances due to the taking of a hostage(s). Any staff person
taken hostage, no matter what their rank or status, immediately loses their authority and
any orders issued by that person will not be followed.
I. HOSTAGE SITUATION PROCEDURES
A. If any minor(s) and/or other person(s) in the facility attempt to hold any person
hostage, and they do not respond to verbal commands to stop staff will
immediately notify the Watch Commander. He/she will respond to the location and
assess the situation. If a hostage situation is in progress the Watch Commander
will:
1. Summon assistance from other officers as required.
2. Establish a secure perimeter around the hostage takers and allow no one to
pass into it for any reason without authorization. Risks should not be taken
that might allow the taking of additional hostages.
3. Evacuate all non-essential persons at the scene to a safe location or any
housing pod that is not directly involved in the incident.
4. Direct officers to place minors in uninvolved housing pods in their rooms and
have them remain there until directed otherwise. Minors outside of housing
pods will remain in place under officer supervision until it is safe to return to
their respective housing pods or any housing pod that is not directly involved
in the incident.
5. Immediately notify the Director or the Probation Services Manager/Assistant
E-1
Exhibit E
Subject: Hostage
Situation Policy #: 326.0
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:
1. The number and identity of both the hostages and hostage takers;
2. Any known weapons possessed by the hostage takers;
3. The demands of the hostage takers.
C. The Watch Commander will retain and direct departing custody officers, as well
as, available Probation peace officer staff to assist with security and safety needs,
as necessary. Additional Juvenile Correctional Officers should be called in as may
be needed to insure the safe and secure operation of the facility.
D. The Watch Commander will coordinate with the Sheriff's Department all activities
taken to resolve the hostage situation, including the use of appropriate force, and
will maintain control of the facility until relieved of that duty by the presence of a
Probation Services Manager/Assistant Director, Director, or the Chief Probation
Officer.
E. Once the hostage situation has been resolved the minors involved should be
housed in the most secure setting available and all appropriate charges should be
filed.
F. Each officer and/or non-sworn staff member who was involved or observed the
incident will complete an incident report and if required, the appropriate critical
incident evaluation report(s) regarding the details of the incident prior to the end
of his/her shift. (See Incident Report, located in JAS Probation View, under "Word
Templates".)
G. The Watch Commander will prepare a Critical Incident Investigation Report, using
the Critical Incident Evaluation Report - Page 2 report form and the critical incident
evaluation report(s) completed by the reporting persons at the time of the incident.
II. PARENTAL AND MEDIA INFORMATION
A. Attempts will be made at the direction of Administration to reach the families
of the hostages to advise them of the situation. Notification will also be
made to the parents of the hostage takers as deemed appropriate.
B. All media inquiries will be referred to the Chief's office per departmental
E-2
Exhibit E
Subject: Hostage
Situation Policy #: 326.0
policy.
III. SECURITY AND OPERATIONAL REVIEW
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 ensure that such an incident does not repeat itself.
E-3
Exhibit F
Fresno County Probation Department
' • Juvenile Justice Campus Manual
•
Vendors, Volunteers and Student Interns
308.1 PURPOSE AND SCOPE
This policy establishes guidelines for using Juvenile Justice Campus vendors, volunteers, and
student interns, to supplement and assist Department personnel in their duties. Vendors and
volunteers are members who can augment Department personnel and help complete various
tasks.
308.1.1 DEFINITIONS
Definitions related to this policy include:
Student intern - A college, university, or graduate student gaining practical experience in a
chosen field while performing services for the Department under supervision.
Vendor- An individual representing a company, outside agency, or non-profit organization, who
is assigned to one of our facilities, performs a service for the Department, and may receive
compensation for services rendered.
Volunteer-An individual who performs a service for the Department without promise, expectation,
or receipt of compensation for services rendered. This may include unpaid chaplains and student
interns.
308.2 POLICY
The Fresno County Probation Department shall ensure that vendors, volunteers and student
interns are properly appointed, trained, and supervised to carry out specified tasks and duties in
order to create an efficient Department and improve services to the community.
308.3 ELIGIBILITY
Requirements for participation as a vendor, volunteer or student intern for the Department may
include but are not limited to:
(a) Being at least 18 years of age.
(b) Possession of liability insurance for any personally owned equipment, vehicles, or
animals utilized during volunteer or student intern work.
(c) No conviction of a felony, any crime of a sexual nature or against children, any crime
related to assault or violence, any crime related to dishonesty, or any crime related to
impersonating a law enforcement officer.
(d) Ability to meet physical requirements reasonably appropriate to the assignment.
(e) A background history and character suitable for a person representing the Department,
as validated by a background investigation.
The Chief Probation Officer or the authorized designee may allow exceptions to these eligibility
requirements based on organizational needs and the qualifications of the individual.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F1
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
308.4 RECRUITMENT, SELECTION, AND APPOINTMENT
The Fresno County Probation Department shall endeavor to recruit and appoint only those
applicants who meet the high ethical, moral, and professional standards set forth by this
Department.
308.4.1 RECRUITMENT
Volunteers and student interns are recruited on a continuous basis consistent with Department
policy on equal opportunity, nondiscriminatory employment terms. A primary qualification for
participation in the application process should be an interest in and an ability to assist the
Department in serving the public.
Requests for volunteers and student interns should be submitted in writing by interested
Department members to the Personnel Unit through the requester's immediate supervisor. A
complete description of the volunteer's or intern's duties and a requested time frame should
be included in the request. All Department members should understand that the recruitment of
volunteers and student interns is enhanced by creative and interesting assignments.
Vendors are recruited/selected in accordance with the Fresno County Purchasing Office contract/
agreement process.
308.4.2 SELECTION
Vendor, volunteer and student intern candidates shall successfully complete this process before
appointment:
(a) Submit the appropriate written application.
(b) Current TB skin test (completed within the last 6 months).
(c) Successfully complete an appropriate-level background investigation, which may
include fingerprinting, and/or obtaining information from local, state, federal and
Department of Motor Vehicle databases.
308.4.3 APPOINTMENT
Volunteers and student interns shall be placed only in assignments or programs consistent with
their knowledge, skills, and abilities and the needs of the Department. Volunteers' and student
interns' interests will be considered when placed in assignments.
Volunteers and student interns serve at the discretion of the Chief Probation Officer.
Vendors are appointed and placed in accordance with the Fresno County Purchasing Office
contract/agreement.
308.5 IDENTIFICATION
As representatives of the Department, vendors, volunteers and student interns are responsible
for presenting a professional image to the community. Vendors, volunteers and student interns
shall dress appropriately for the conditions and performance of their duties, in compliance with
Personal Appearance Standards and Uniform and Non-Uniform attire policies unless excluded by
the Department.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F2
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
Vendors, volunteers and student interns will be issued Fresno County Probation Department
identification cards, which must be carried at all times while on-duty. The identification cards will
be the standard Fresno County Probation Department identification cards, except that"Volunteer"
or "Student Intern" will be indicated on the cards.
308.6 PERSONNEL WORKING AS STUDENT INTERNS
Qualified regular Department personnel, when authorized, may also serve as student interns.
However, this Department shall not utilize the services of student interns in such a way that it would
violate employment laws or collective bargaining agreements or memorandums of understanding
(e.g., a Juvenile Correctional Officer participating as a student intern for reduced or no pay).
Therefore, members shall consult with the Personnel Unit prior to allowing regular department
personnel to serve in a student intern capacity (29 CFR 553.30).
308.7 PERSONNEL UNIT
The function of the Personnel Unit is to provide a central coordinating point for effective volunteer
management within the Department, and to direct and assist efforts to jointly provide more
productive volunteer services.
The responsibilities of the Personnel Unit include but are not limited to:
(a) Recruiting and selecting qualified volunteers and student interns.
(b) Maintaining records for each vendor, volunteer and student intern.
(c) Completing and disseminating, as appropriate, all necessary paperwork and
information.
(d) Maintaining a liaison with colleges and universities that provide student interns to
promote the intern program with both students and the educational system.
(e) Maintaining volunteer and student intern orientation and training materials and
outlining expectations, policies, and responsibilities for all volunteers and student
interns.
308.8 DUTIES AND RESPONSIBILITIES
Volunteers assist department personnel as needed. Assignments of volunteers may be to any
division within the Department, as needed. Volunteers should be placed only in assignments
or programs consistent with their knowledge, skills, interests, abilities and the needs of the
Department. Student interns should be assigned to areas that meet the needs of both their
educational program and the Department. Vendors will be assigned per the contract/agreement.
308.8.1 COMPLIANCE
Vendors, volunteers and student interns shall be required to adhere to all Department policies and
procedures. Policies and procedures are available on the Department website and will be made
available to each vendor, volunteer, and student intern upon appointment. The vendor, volunteer
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F3
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
and student intern shall become thoroughly familiar with these policies as directed by the Chief
Probation Officer or the authorized designee.
Whenever a rule, regulation, or guideline in this Custody Manual refers to regular Department
personnel, it shall also apply to vendors, volunteers and student interns, unless by its nature it is
inapplicable.
Vendors, volunteers and student interns are required by this Department to meet Department-
approved training requirements as applicable to their assignments.
308.9 TASK SPECIFIC TRAINING
Task-specific training is intended to provide the required instruction and practice for vendors,
volunteers and student interns to properly and safely perform their assigned duties. Training
should correspond to the assignment.
Vendors, volunteers and student interns shall be provided with the policies of the Department and
procedures applicable to their assignments.
Vendors, volunteers and student interns shall receive position-specific training to ensure they have
adequate knowledge and skills to complete the required tasks and should receive ongoing training
as deemed appropriate by their supervisors or the authorized designee.
Training should reinforce to vendors, volunteers and student interns that they shall not intentionally
represent themselves as, or by omission give the impression that they are, Juvenile Correctional
Officers or other full-time members of the Department. They shall always represent themselves
as vendors, volunteers or student interns.
All vendors, volunteers and student interns shall comply with the standards of conduct and with
all applicable orders and directives, either oral or written, issued by the Department.
308.9.1 STATE REQUIREMENTS
The vendor, volunteer and student intern initial orientation shall include the following: safety and
security issues and anti- discrimination policies.
308.10 SUPERVISION
Each vendor, volunteer and student intern must have a clearly identified supervisor who is
responsible for direct management of that individual. This supervisor will be responsible for day-to-
day management and guidance of the work of the vendor, volunteer or student intern and should
be available for consultation and assistance.
Functional supervision of vendors, volunteers and student interns is the responsibility of the
supervisor or the authorized designee in charge of their assigned duties. The following are some
considerations that supervisors or the authorized designee should keep in mind while supervising
vendors, volunteers and student interns:
(a) Take the time to introduce vendors, volunteers and student interns to members on all
levels.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F4
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
(b) Ensure vendors, volunteers and student interns have work space and necessary office
supplies.
(c) Make sure the work is challenging. Do not hesitate to give vendors, volunteers and
student interns assignments or tasks that will utilize these valuable resources.
(d) Ensure the work for student interns meets the needs of their educational program,
while also meeting the needs of the Department.
308.10.1 EVALUATIONS
Student interns may need evaluations as a requirement of their educational program.
308.10.2 FITNESS FOR DUTY
No vendor, volunteer or student intern shall report for work or be at work when the individual's
judgment or physical condition has been impaired due to illness or injury, or by the use of alcohol
or drugs, whether legal or illegal.
Vendors, volunteers and student interns shall report to their supervisors any change in status that
may affect their ability to fulfill their duties. This includes but is not limited to:
(a) Driver's license.
(b) Arrests.
(c) Criminal investigations.
(d) All law enforcement contacts.
308.11 INFORMATION ACCESS
Volunteers and student interns should not have access to or be in the vicinity of criminal histories,
investigative files, or information portals. Unless otherwise directed by a supervisor, the duties of
the position, or Department policy, all such information shall be considered confidential. Only that
information specifically identified and approved by authorized members shall be released.
Confidential information shall be given only to persons who have a need and a right to know as
determined by Department policy and supervisory personnel.
A vendor, volunteer or student intern whose assignment requires the use of, or access to,
confidential information will be required to be fingerprinted and have the fingerprints submitted to
the California Department of Justice to obtain clearance. Vendors, volunteers and student interns
working this type of assignment shall receive training in data practices and shall be required to
sign a CLETS Employee/Volunteer Statement before being given an assignment with the
Department. Subsequent unauthorized disclosure of any confidential information verbally, in
writing, or by any other means by the vendor, volunteer, or student intern is grounds for immediate
dismissal and possible criminal prosecution.
Vendors, volunteers and student interns shall not address public gatherings, appear on radio
or television, prepare any article for publication, act as correspondents to newspapers or other
periodicals, release or divulge any information concerning the activities of the Department, or
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-F5
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
maintain that they represent the Department in such matters without permission
from the proper Department personnel.
308.11.1 RADIO AND DATABASE ACCESS USAGE
The supervisor or the authorized designee shall ensure that radio and database
access training is provided for vendors, volunteers, and student interns whenever
necessary.
308.12 EQUIPMENT
Any property or equipment issued by the Department shall be for official and
authorized use only. Any property or equipment issued to a vendor, volunteer or
student intern shall remain the property of the Department and shall be returned at
the termination of service.
308.13 TERMINATION OF SERVICES
If a vendor or volunteer is the subject of a personnel complaint or becomes involved
in an internal investigation, the matter shall be investigated in compliance with the
Personnel Complaints Policy. If a student intern is the subject of or is involved in an
internal investigation, the coordinator of the educational program that sponsors the
intern should be notified.
Vendors and volunteers are considered at-will and may be removed from service at
the discretion of the Chief Probation Officer or the authorized designee, with or
without cause. Vendors and volunteers shall have no property interest in their
continued appointments. Vendors and volunteers may resign from service with the
Department at any time. It is requested that vendors and volunteers who intend to
resign provide advance notice and a reason for their decision.
308.14 ISSUED DATE
• 02/18/2022
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F6
Published with permission by Fresno County Probation
Department
Exhibit G
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-06-96, 09-01-99,
12-01-10
AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: 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).
B. The Watch Commander will notify the Patrol Watch Commander and apprise them of
the incident. The Patrol Watch Commander may be requested to activate the Crisis
Negotiations Team (CNT), outside support agencies, equipment, personnel, and
dispatch a detective to the scene for the crime report.
G-1
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
III. DURING NEGOTIATIONS
A. While at the scene, the CNT members will conduct all verbal or written
communications between the hostage taker(s)and the Incident Commander. CNT will
immediately notify the Incident Commander of any changes in the following situations:
1. Hostage status
2. Incident changes and developments
3. Hostage taker demands
4. Any and all pertinent information concerning the incident
B. Staff members at the scene not actively involved with negotiations will not act or speak
out to the hostage taker(s) or hostages.
C. The Tactical Commander will formulate a plan to take the necessary actions, using the
appropriate force, to terminate the hostage situation in the event negotiations fail.
Hostage safety will be of paramount concern.
IV. HOSTAGE SURVIVAL STRATEGIES
A. If taken hostage, it is important to make the transition from being a victim to being a
survivor. The following are not strict rules that must be rigidly followed, but rather
general guidelines. There will always be exceptions.
1. Regain/maintain composure. Try to be calm, focused and clear-headed at all times.
Do not stand out from other hostages. Drawing unnecessary attention increases
the chance of being singled out and victimized.
2. Maintain a low-key, unprovocative posture. Overt resistance is usually
counterproductive in a hostage situation.
a. Remain calm and follow instructions. Comply with the hostage takers when at
all possible.
b. Be stoic. Maintain an outward face of acceptance of adversity with dignity.
Avoid open displays of cowardice and fear. Inmates will view frailty and
feebleness as weakness, which may lead to victimization.
c. Do not antagonize,threaten or aggravate the hostage takers.Avoid saying "no",
or arguing with the hostage takers. Do not act authoritative. The hostage takers
must make it known that they are in charge.
d. Eye contact may be regarded as a challenge; make eye contact with the hostage
takers sparingly.
G-2
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
e. Fight off basic instincts, such as anger and hostility. Be polite and remain alert.
Speak normally and don't complain.
3. Hostages should try to establish a level of rapport or communication with their
captors in attempt to get the captors to recognize them as human beings.
4.
a. Find a mutual ground, an association with the hostage takers. Foster
communication on non-threatening topics (e.g., family, hobbies, sports,
interests).
b. Use the captors' first names, if known. However, if hostage takers are
attempting to conceal their identity, do not give any indication that they are
recognized.
c. Listen actively to the captors' feelings and concerns, but never praise,
participate in, or debate their "cause". If they want to talk about their cause,
act interested in their viewpoints. Avoid being overly solicitous, which may be
viewed as patronizing or insincere.
d. Do not befriend the inmates; such an attempt will likely result in exploitation.
e. Try asking for items that will increase personal comfort. Make requests
in a reasonable, low-key manner.
5. Be prepared to be isolated and disoriented.
a. Do not talk to other hostages. The hostage takers may think a plot is being
formed.
b. Develop mind games to stimulate thinking and maintain mental alertness.
6. Be tolerant of fellow hostages. Just as each person has different reactions to
stress, each individual will have different methods of coping as a hostage. Some
methods are not effective and may endanger the group, or be annoying to other
hostages (e.g., constant talking). Try to help these people cope in other ways.
7. Gather intelligence. Hostages should take in and store as much detail, about their
captors as possible without drawing attention to their efforts. Make mental notes
and attempt to gather the following information: identification of the ring leader,
the number of hostage takers, the type of weapons they are using, their tactics,
location within the area, etc.
8. Maintain hope. Depending on the circumstances, resolution of hostage situations
can be a lengthy process.
B. Stay away from doors and windows through which rescue teams may enter or shoot. If
G-3
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
a rescue is attempted, drop to the floor and keep hands in view.
C. If there is a chance to escape, the hostage should be certain of their success.
1. Balance the likely payoff of any behaviorwith the possible consequences. Hostage
takers may use violence or death to teach a lesson.
2. Realize that Central Control will not open any doors for anyone.
D. Hostages should be aware of the "Stockholm Syndrome", whereby hostages begin to
show sympathy toward their captors. Hostages who develop Stockholm Syndrome
often view the captor as giving life by simply not taking it. Such hostages often
misinterpret a lack of abuse as kindness and may develop feelings of appreciation for
the perceived benevolence.
G-4
Exhibit H
THE PRISON RAPE ELIMINATION (PREA) ACT
All bidders must comply with the Prison Rape Elimination (PREA) Act as stated below:
"The 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 the Contractor." "The
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 the 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.
The Contractor shall comply with all Probation Department Policies and Procedures. In the event of a
dispute involving the 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/
H-1
Exhibit I
BACKGROUND INVESTIGATIONS AND
IDENTIFICATION (ID) BADGES
Background Investigations
Prior to the beginning of any services, one (1) background check may be required for every member of
the Contractor's personnel providing services to a building location for the life of the agreement. The
background check may 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.
When required by County, 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.
1-1
Exhibit I
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. The wearer will not escort or bring any other individuals into any County facilities.
County issued ID badges are for the exclusive use of the individual named and
pictured on the badge.
3. 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.
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.
1-2