HomeMy WebLinkAboutP-24-507 Focus Forward.pdf P-24-507
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated September 19, 2024 and is between
3 Focus Forward, a 501c3 nonprofit corporation ("Contractor"), and the County of Fresno, a
4 political subdivision of the State of California ("County").
5 Recitals
6 A. The County's Probation Department (Probation) needs effective in-custody and
7 community-based mentoring and case management services for at-risk youth during detention
8 and re-entry.
9 B. Contractor is a community-based organization created in 2006 to serve at-risk youth in
10 collaboration with Probation.
11 C. Contractor provided mentoring and case management services to at-risk youth during
12 detention and re-entry pursuant to County Agreement No. 19-318, which expired July 19, 2024.
13 D. The County needs to have a short-term agreement to continue in-custody and
14 community-based mentoring and case management services for at-risk youth during detention
15 and re-entry during the time needed to complete the Request for Proposal (RFP) formal bidding
16 process to find a contractor to perform these services.
17 E. The Contractor represents that it is able to continue providing the County with mentoring
18 and case management services for at risk youth while the County completes the RFP process.
19 The parties therefore agree as follows:
20 Article 1
21 Contractor's Services
22 1.1 Scope of Services. The Contractor shall perform all of the services provided in
23 Exhibit A to this Agreement, titled "Scope of Services."
24 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
25 able to perform all of the services provided in this Agreement.
26 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
27 applicable federal, state, and local laws and regulations in the performance of its obligations
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1 under this Agreement, including but not limited to workers compensation, labor, and
2 confidentiality laws and regulations.
3 1.4 Contractor shall observe all applicable Probation policies and procedures concerning
4 the operation of the Juvenile Justice Campus facility, located at 3333 E. American Ave, Fresno,
5 California 93725 ("JJC"). Contractor's staff shall sign acknowledgements of certain Probation
6 policies and procedures, as applicable and upon Probation's request. Contractor's staff shall
7 abide by the security regulations of the JJC facility. Contractor must inform its employees and
8 subcontractors of all such regulations.
9 1.5 Contractor acknowledges that County's JJC is operated as a no hostage facility;
10 therefore, all services provided shall be performed in accordance with Probation's Hostage
11 Situation Policy, as well as Probation's JJC Manual Policy for Vendors, Volunteers and Student
12 Interns, as described in Exhibit B to this Agreement. Contractor shall comply with all Probation's
13 JJC policies, procedures and protocols related to safety and security of the detained youth and
14 facility.
15 1.6 Each of Contractor's staff entering the JJC facilities shall provide proof of a negative
16 skin test for tuberculosis (TB) within the past six (6) months, or, for positive Purified Protein
17 Derivative (PPD) reactors, initial assessment and yearly assessment for signs and symptoms of
18 disease. Contractor's staff will be required to comply with the most current California
19 Department of Public Health (CDPH) and California Division of Occupational Safety and Health
20 (Cal/OSHA) COVID-19 guidelines, including guidelines specific to correctional facilities.
21 Contractor is obligated to comply with any future updated or amended COVID-19 guidelines
22 from CDPH and Cal/OSHA.
23 1.7 Contractor's staff and volunteers shall wear professional attire when providing any
24 services under this Agreement at the JJC.
25 1.8 Contractor shall not allow any of its staff and volunteers into the JJC if it has reason
26 to believe such person is under the influence of alcoholic beverages or drugs.
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1 1.9 Contractor shall comply with all Prison Rape Elimination Act (PREA) 42 U.S.C.
2 §15601 et seq. standards for juvenile correctional facilities and agree to have all staff assigned
3 to JJC be trained initially and every two (2) years thereafter by Probation.
4 1.10 Contractor shall ensure all Contractor's employees, consultants, subcontractors or
5 agents described in the Child Abuse Reporting Act, section 11164, et. seq. of the Penal Code,
6 and while performing services under this Agreement, Contractor shall report all known or
7 suspected child abuse or neglect to a child protective agency as defined in Penal Code section
8 11165.9.
9 1.11 Confidential Information. Contractor shall comply with all provisions of Exhibit C,
10 Data Security.
11 1.12 Consistent Federal Income Tax Position. Contractor acknowledges that the JJC
12 has been acquired, constructed, or improved (and is situated on land that has been acquired)
13 using net proceeds of governmental tax-exempt bonds (collectively, "Bond-Financed Facilities").
14 Contractor agrees that, with respect to this Agreement and the Bond-Financed Facilities,
15 Contractor is not entitled to take, and shall not take, any position (also known as a "tax position")
16 with the Internal Revenue Service (IRS) that is inconsistent with being a service provider to the
17 County, as a qualified user with respect to the Bond-Financed Facilities, as managed property,
18 as all of those terms used in IRS Revenue Procedure 2017-13, and to that end, for example,
19 and not as a limitation, Contractor agrees that Contractor shall not, in any connection with any
20 federal income tax return that it files with the IRS or any other statement or information that it
21 provides to the IRS, (a) claim ownership, or that it is a lessee, of any portion of the Bond-
22 Financed Facilities, or (b) claim any depreciation or amortization deduction, investment tax
23 credit, or deduction for any payment as rent with respect to the Bond-Financed Facilities. The
24 Contractor further acknowledges that services provided at the JJC, does not entitle the
25 Contractor to have any right to control or exclusively possess all or any portion of any County
26 facility, including the JJC, and at any time, authorized County staff may enter County facilities,
27 including the JJC, where Contractor is performing services.
28 1.13 Meetings.
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1 (A) Administrative Meetings. Contractor shall schedule, facilitate, and hold monthly,
2 or as needed, administrative meetings with County staff and/or designees to evaluate
3 and address statistics, program needs, problems/issues that may arise, and
4 interrelationships between County's JJC staff and Contractor's staff. Contractor shall
5 provide County staff with statistics in electronic format prior to the meeting.
6 (B) Probation JJC Meetings. Contractor shall participate in multi-disciplinary
7 meetings at JJC with Probation staff and Probation's other contracted providers. These
8 meetings include, but shall not be limited to, monthly institutional collaborative meetings
9 ("JJC Management Team") and weekly, or as needed, transition meetings for detained
10 youth committed to JJC and preparing for re-entry into the community. Schedules for
11 these meetings may change based on the needs of Probation.
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13 Article 2
14 County's Responsibilities
15 2.1 County's Chief Probation Officer, or his or her designee, shall designate and provide
16 a total of approximately 706 sq. ft. of office and cubicle space at the JJC Buildings 701, 703,
17 and/or 704 for Contractor to utilize under the terms and conditions of this Agreement, at no
18 charge to Contractor for such use of space. County shall have the right to enter this office and
19 cubicle space at any time.
20 2.2 The County, at no charge to Contractor, shall provide Contractor's staff and
21 volunteers assigned to the JJC, and allow admittance by the County as provided herein, with
22 vendor identification badges, for performance of services under this Agreement.
23 2.3 The County shall provide direction to Contractor's staff and volunteers in the event of
24 a disturbance inside the JJC facilities.
25 2.4 Pursuant to federal regulations 28 CFR §115.332, Probation shall provide training to
26 Contractor's staff and/or volunteers regarding their responsibilities under the Probation's sexual
27 abuse and sexual harassment prevention, detection, and response policies and procedures.
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1 Article 3
2 County Authority
3 3.1 Probation shall have the right to conduct background checks, at any time, as
4 deemed necessary by the Chief Probation Officer, or his or her designee, on all
5 personnel/volunteers Contractor assigns to work at the JJC under this Agreement. Background
6 checks must be completed to the Chief Probation Officer's, or his or her designee's, satisfaction
7 before admission, or continued admission of any such persons into the JJC facilities.
8 3.2 The Chief Probation Officer, or his or her designee, shall have the sole and absolute
9 discretion to refuse admittance of any of Contractor's personnel/volunteers into or from the JJC,
10 and to remove any of Contractor's personnel/volunteers from the JJC.
11 3.3 The County shall promptly notify Contractor if any of Contractor's
12 personnel/volunteers are found to be unacceptable for admission into the JJC facilities, and
13 upon such notice, Contractor shall immediately refuse admittance of such person(s) to the JJC.
14 Article 4
15 Compensation, Invoices, and Payments
16 4.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
17 the performance of its services under this Agreement for actual expenditures incurred as
18 described in Exhibit D to this Agreement, titled "Budget." The Contractor is not entitled to any
19 compensation except as expressly provided in Exhibit D. Changes to subcategory expense
20 budget amounts items in Exhibit D that do not exceed ten percent (10%) of the total maximum
21 compensation payable to Contractor may be made with the written approval of both the
22 County's Chief Probation Officer, or designee, and the Contractor, as long as these changes do
23 not result in a change to the total maximum compensation.
24 4.2 Maximum Compensation. The maximum compensation payable to the Contractor
25 under this Agreement is Sixty-Eight Thousand, One Hundred Eighty-One Dollars ($68,181)for
26 the period of July 20, 2024 through January 31, 2025. The Contractor acknowledges that the
27 County is a local government entity, and does so with notice that the County's powers are
28 limited by the California Constitution and by State law, and with notice that the Contractor may
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1 receive compensation under this Agreement only for services performed according to the terms
2 of this Agreement and while this Agreement is in effect, and subject to the maximum amount
3 payable under this section. The Contractor further acknowledges that County employees have
4 no authority to pay the Contractor except as expressly provided in this Agreement.
5 4.3 Invoices. The Contractor shall submit monthly invoices electronically to 1)
6 Probation Invoices(a-),fresnocountyca.go and 2) arobationContracts(a),fresnocountyca.gov . Each
7 invoice shall specifically identify this Agreement number and shall include the amount due for
8 compensation for actual expenses incurred as identified in Exhibit D. Contractor shall maintain
9 adequate supporting documentation in detail to permit tracing transactions from the invoice to
10 the accounting records, which shall be attached to each invoice. Supporting documentation
11 includes but is not limited to: list of positions funded, documentation of staff hours (e.g.,
12 timesheets, time tracking reports, etc.), number of participants served, service categories, and
13 receipts for invoiced services and supplies. The Contractor shall submit each invoice within
14 fifteen (15) days after the month in which the Contractor performs services and in any case
15 within fifteen (15) days after the end of the term or termination of this Agreement. At the
16 discretion of the County's Chief Probation Officer, or designee, County shall have the right to
17 withhold payment until an invoice is corrected to the County's satisfaction.
18 4.4 Payment. Payments shall be made by County to Contractor in arrears, for services
19 provided during the preceding month, within forty-five (45) days after the date of receipt,
20 verification, and approval by County. All final invoices and/or any final budget modification
21 requests shall be submitted by Contractor within sixty (60) days following the final month of
22 service for which payment is claimed. No action shall be taken by County on claims submitted
23 beyond the sixty (60) day closeout period. Any compensation which is not expended by
24 Contractor pursuant to the terms and conditions of this Agreement shall automatically revert to
25 County.
26 4.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
27 expenses that are not specified as payable by the County under this Agreement.
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1 Article 5
2 Term of Agreement
3 5.1 Term. This Agreement is retroactively effective on July 20, 2024 and terminates on
4 January 31, 2025 except as provided in Article 7, "Termination and Suspension," below.
5 Article 6
6 Notices
7 6.1 Contact Information. The persons and their addresses having authority to give and
8 receive notices provided for or permitted under this Agreement include the following:
9
For the County:
10 Chief Probation Officer
County of Fresno
11 3333 E. American Avenue, Suite B
Fresno, CA 93725
12 ProbationContracts@fresnocountyca.gov
13 For the Contractor:
Chief Executive Officer
14 Focus Forward
3333 E. American Ave., Suite B
15 Fresno, CA 93725
joannaz@focusforward.org
16
17 6.2 Change of Contact Information. Either party may change the information in section
18 6.1 by giving notice as provided in section 6.3.
19 6.3 Method of Delivery. Each notice between the County and the Contractor provided
20 for or permitted under this Agreement must be in writing, state that it is a notice provided under
21 this Agreement, and be delivered either by personal service, by first-class United States mail, by
22 an overnight commercial courier service, by telephonic facsimile transmission, or by Portable
23 Document Format (PDF) document attached to an email.
24 (A) A notice delivered by personal service is effective upon service to the recipient.
25 (B) A notice delivered by first-class United States mail is effective three County
26 business days after deposit in the United States mail, postage prepaid, addressed to the
27 recipient.
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1 (C)A notice delivered by an overnight commercial courier service is effective one
2 County business day after deposit with the overnight commercial courier service,
3 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
4 the recipient.
5 (D)A notice delivered by telephonic facsimile transmission or by PDF document
6 attached to an email is effective when transmission to the recipient is completed (but, if
7 such transmission is completed outside of County business hours, then such delivery is
8 deemed to be effective at the next beginning of a County business day), provided that
9 the sender maintains a machine record of the completed transmission.
10 6.4 Claims Presentation. For all claims arising from or related to this Agreement,
11 nothing in this Agreement establishes, waives, or modifies any claims presentation
12 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
13 of Title 1 of the Government Code, beginning with section 810).
14 Article 7
15 Termination and Suspension
16 7.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
17 contingent on the approval of funds by the appropriating government agency. If sufficient funds
18 are not allocated, then the County, upon at least 30 days' advance written notice to the
19 Contractor, may:
20 (A) Modify the services provided by the Contractor under this Agreement; or
21 (B) Terminate this Agreement.
22 7.2 Termination for Breach.
23 (A) Upon determining that a breach (as defined in paragraph (C) below) has
24 occurred, the County may give written notice of the breach to the Contractor. The written
25 notice may suspend performance under this Agreement, and must provide at least 30
26 days for the Contractor to cure the breach.
27 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
28 time stated in the written notice, the County may terminate this Agreement immediately.
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1 (C) For purposes of this section, a breach occurs when, in the determination of the
2 County, the Contractor has:
3 (1) Obtained or used funds illegally or improperly;
4 (2) Failed to comply with any part of this Agreement;
5 (3) Submitted a substantially incorrect or incomplete report to the County; or
6 (4) Improperly performed any of its obligations under this Agreement.
7 7.3 Termination without Cause. In circumstances other than those set forth above, the
8 County may terminate this Agreement by giving at least 30 days advance written notice to the
9 Contractor.
10 7.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
11 under this Article 7 is without penalty to or further obligation of the County.
12 7.5 County's Rights upon Termination. Upon termination for breach under this Article
13 7, the County may demand repayment by the Contractor of any monies disbursed to the
14 Contractor under this Agreement that, in the County's sole judgment, were not expended in
15 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
16 demand. This section survives the termination of this Agreement.
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
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1 Contractor shall save the County harmless from all matters relating to the payment of
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 or expiration of this Agreement.
17 Article 10
18 Insurance
19 10.1 The Contractor shall comply with all the insurance requirements in Exhibit E 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.
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1 11.2 State Audit Requirements. If the compensation to be paid by the County under this
2 Agreement exceeds Ten Thousand Dollars ($10,000), the Contractor is subject to the
3 examination and audit of the California State Auditor, as provided in Government Code section
4 8546.7, for a period of three years after final payment under this Agreement. This section
5 survives the termination of this 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, beginning with section
23 7920.000) ("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).
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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 ten (10) days' advance written notice
22 to 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.
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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 F to this Agreement) and submitting it to the
8 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 Modification. Except as provided in Article 7, "Termination and Suspension," this
15 Agreement may not be modified, and no waiver is effective, except by written agreement signed
16 by both parties. The Contractor acknowledges that County employees have no authority to
17 modify this Agreement except as expressly provided in this Agreement.
18 13.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
19 under this Agreement without the prior written consent of the other party.
20 13.3 Governing Law. The laws of the State of California govern all matters arising from
21 or related to this Agreement.
22 13.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
23 County, California. Contractor consents to California jurisdiction for actions arising from or
24 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
25 brought and maintained in Fresno County.
26 13.5 Construction. The final form of this Agreement is the result of the parties' combined
27 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
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1 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
2 against either party.
3 13.6 Days. Unless otherwise specified, "days" means calendar days.
4 13.7 Headings. The headings and section titles in this Agreement are for convenience
5 only and are not part of this Agreement.
6 13.8 Severability. If anything in this Agreement is found by a court of competent
7 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
8 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
9 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
10 intent.
11 13.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
12 not unlawfully discriminate against any employee or applicant for employment, or recipient of
13 services, because of race, religious creed, color, national origin, ancestry, physical disability,
14 mental disability, medical condition, genetic information, marital status, sex, gender, gender
15 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
16 all applicable State of California and federal statutes and regulation.
17 13.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
18 of the Contractor under this Agreement on any one or more occasions is not a waiver of
19 performance of any continuing or other obligation of the Contractor and does not prohibit
20 enforcement by the County of any obligation on any other occasion.
21 13.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
22 between the Contractor and the County with respect to the subject matter of this Agreement,
23 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
24 publications, and understandings of any nature unless those things are expressly included in
25 this Agreement. If there is any inconsistency between the terms of this Agreement without its
26 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
27 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
28 exhibits.
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1 13.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
2 create any rights or obligations for any person or entity except for the parties.
3 13.13 Authorized Signature. The Contractor represents and warrants to the County that:
4 (A) The Contractor is duly authorized and empowered to sign and perform its
5 obligations under this Agreement.
6 (B) The individual signing this Agreement on behalf of the Contractor is duly
7 authorized to do so and his or her signature on this Agreement legally binds the
8 Contractor to the terms of this Agreement.
9 13.14 Electronic Signatures. The parties agree that this Agreement may be executed by
10 electronic signature as provided in this section.
11 (A) An "electronic signature" means any symbol or process intended by an individual
12 signing this Agreement to represent their signature, including but not limited to (1) a
13 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
14 electronically scanned and transmitted (for example by PDF document) version of an
15 original handwritten signature.
16 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
17 equivalent to a valid original handwritten signature of the person signing this Agreement
18 for all purposes, including but not limited to evidentiary proof in any administrative or
19 judicial proceeding, and (2) has the same force and effect as the valid original
20 handwritten signature of that person.
21 (C)The provisions of this section satisfy the requirements of Civil Code section
22 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
23 Part 2, Title 2.5, beginning with section 1633.1).
24 (D) Each party using a digital signature represents that it has undertaken and
25 satisfied the requirements of Government Code section 16.5, subdivision (a),
26 paragraphs (1) through (5), and agrees that each other party may rely upon that
27 representation.
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1 (E) This Agreement is not conditioned upon the parties conducting the transactions
2 under it by electronic means and either party may sign this Agreement with an original
3 handwritten signature.
4 13.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
5 original, and all of which together constitute this Agreement.
6 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
FOCUS FORWARD COUNTY OF FRESNO
3
Riley Digitally signed by Riley
4 Blackburn
Date:2024.09.3009:13:50
Blackburn
0��00�
5 JoaWha Litchenberg, C of Executive Officer Riley Blackburn, Purchasing Manager
6 3333 E. American Ave., Suite B
Fresno, CA 93725
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9 For accounting use only:
10 Org No.: 34309999
Account No.: 7295
11 Fund No.: 0001
Subclass No.: 10000
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Exhibit A
Scope of Services
1. Contractor shall document risk factors evaluated for youth for which Contractor
services are to be provided and provide documentation to Probation upon request.
2. Contractor shall provide mentor support/incentives, pro-social activities, barrier
removal, and any other programs as developed to support client centered goals,
which can contribute to youth rehabilitation and recidivism reduction.
3. Contractor shall provide coordination services for its volunteers including student
interns, who provide mentoring services to youth in the custody of Probation.
Coordination service shall include, but are not limited to:
• Volunteer outreach
• Recruitment
• Background checks
• Volunteer management and support
• Case management and case file review
• Written reports
• Screening and assessment of youth for mentoring services
• Mandated reporter training
• Mentor training — roles and limits of mentors, appropriate boundaries, trust and
communication, case management, mandated reporting, and other agency
policies and procedures
4. Contractor shall partner with Probation staff on in-custody programming and reentry
of custodial youth to the community.
A-1
• Fresno CoIJPMr -Kbation 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.
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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.
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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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• Fresno CoIJPMr -Kbation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities (Title 15, §
1327)
400.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a plan to appropriately respond to emergencies within
the facility and to ensure all affected staff members receive timely training regarding emergency
response. This policy is intended to protect the community, staff members, visitors, youth, and all
others who enter the Juvenile Justice Campus (JJC), while allowing the facility to fulfill its primary
purpose (15 CCR 1327).
Facility emergencies related to fire will be addressed in the Fire Safety Plan Policy.
400.2 POLICY
It is the policy of this Department to have emergency response plans in place to quickly and
effectively respond to and minimize the severity of any emergency within the facility.
400.3 EMERGENCY PROCEDURES
The Chief Probation Officer or the authorized designee shall develop, publish, and periodically
review and update facility-specific policies, procedures, and emergency response plans that shall
include but not be limited to (15 CCR 1327):
(a) Escapes, disturbances, and the taking of hostages.
(b) Civil disturbances, active shooters, and terrorist attacks.
(c) Fire and natural disasters.
(d) Periodic testing of emergency equipment.
(e) Mass arrests.
(f) Emergency evacuation of the facility (see the Emergency Evacuation Plan Policy).
(g) A program to provide all youth supervision staff members with an annual review of
emergency procedures.
(h) Other emergencies as needs are identified.
The facility emergency response plans are intended to provide all staff members with current
methods, guidelines, and training for minimizing the number and severity of emergency events
that may threaten the security of the facility or compromise the safety of staff members, youth,
or the community.
The emergency response plans are intended to provide information on specific assignments and
tasks for staff members. Where appropriate, the emergency response plans will include persons
and emergency departments to be notified.
The emergency response plans shall include procedures for continuing to house youth in the
facility, the identification of alternative facilities outside the boundaries of the disaster or threat
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and the potential capacity of those facilities, youth transportation options, and contact information
for allied agencies.
The emergency response plans shall be made available to all staff members, contractors, and
volunteers working in the facility as needed. Confidential policies and procedures that relate to
the security of the facility may be kept in a separate manual (15 CCR 1327).
400.3.1 EMERGENCY SUSPENSION OF REQUIREMENTS
The Chief Probation Officer or the authorized designee shall authorize only those regulations
directly affected by the emergency to be suspended. When a suspension occurs for longer than
three days, the Chief Probation Officer or the authorized designee shall notify the Board of
State and Community Corrections in writing. In no event shall a suspension continue for more
than 15 days without the approval of the Chairperson of the Board of State and Community
Corrections for a time specified by the Chairperson (see the Emergency Suspension of Standards
or Requirements attachment).
400.4 LOCKDOWN
Upon detecting any significant incident that threatens the security of the facility, such as a riot,
power outage or hostage situation, staff members shall immediately notify Institutional Core
Central Control (ICCC) and the Watch Commander. The Watch Commander may determine
whether to order a partial or full lockdown of the facility and shall notify the Deputy Chief or the
authorized designee as soon as practicable.
If a lockdown is ordered, all youth will be directed back to their housing areas. All youth in transit
within the facility will either be escorted back to their housing areas or to another secure location.
The Watch Commander should instruct staff members not directly involved in the lockdown to
escort any visitors and nonessential contractors out of the facility.
A head count shall be immediately conducted for all youth, visitors, contractors, volunteers, and
staff members. The Watch Commander shall be immediately notified of the status of the head
count. If any person is unaccounted for,the Watch Commander shall direct an immediate search of
the facility and notify the Chief Probation Officer or the authorized designee as soon as practicable.
All visitors and volunteers will be required to enter through the lobby and sign the visitor logbook
when they enter and leave the facility. If the lobby is closed, the visitor logbook will be placed in
a designated area for them to sign accordingly. ICCC shall log in all vehicles and the number of
people in the vehicle. In the event the camera or speaker box is not working, the ICCC officer
shall work with security officers to determine the number of people in the vehicle. When leaving
the facility, the maintenance/contractor worker(s) shall call ICCC if the camera or speaker box is
not working properly to inform them they are leaving the facility. The ICCC officer shall log that
the maintenance/contractor(s) left the facility.
Lockdown shall not be used as a form of punishment. It is only intended to facilitate order and
maintain security of the JJC.
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400.5 HUNGER STRIKE
Upon being made aware that one or more youth is engaging in a hunger strike, the staff member
will notify the Watch Commander, who will notify the Chief Probation Officer or the authorized
designee. The Chief Probation Officer or the authorized designee should evaluate the basis for
the strike and seek an appropriate resolution.
The Chief Probation Officer or the authorized designee shall notify the youth's parent/guardian,the
youth's probation officer, the local authority having supervisory jurisdiction, and the youth's social
worker (if applicable) of the incident and periodically provide updates on the status of the youth.
400.5.1 NOTIFICATION OF QUALIFIED HEALTH CARE PROFESSIONALS
The Chief Probation Officer or the authorized designee shall notify the Medical Director to review,
coordinate, and document any medical actions taken, based on protocols and/or at the direction
of qualified health care professionals, in response to a hunger strike.
Qualified health care professionals shall monitor the health of any youth involved in a hunger
strike and make recommendations to the Chief Probation Officer or the supervisory staff member
responsible for oversight of the incident.
If a youth is engaging in a hunger strike due to a mental condition, the appropriate medical
protocols for mental health will be followed.
400.5.2 RESPONSE TO HUNGER STRIKES
Beginning at the line staff member level, a resolution to grievances shall be sought at the lowest
level. The Youth Grievances Policy shall guide staff members on resolving youth grievances.
If the hunger strike remains unresolved, the Chief Probation Officer or the authorized designee
may direct the appropriate staff member to observe the room area, including trash containers, of
the youth involved for evidence of food items and of food hoarding.
400.5.3 LEGAL GUIDANCE
If attempts to resolve the grievance are unsuccessful or not reasonably possible, the Chief
Probation Officer shall consider consulting with legal resources as appropriate to develop other
steps to resolve the issues.
400.6 RESPONSE TO DISTURBANCES
Staff members shall attempt to minimize the disruption to normal facility operations caused by
a disturbance by attempting to isolate and contain the disturbance to the extent possible. Staff
members when applicable shall immediately notify the Chief Probation Officer through the chain
of command of the incident (15 CCR 1327).
400.6.1 NOTIFICATIONS
The Watch Commander shall notify the Chief Probation Officer or the authorized designee of the
disturbance as soon as practicable through the chain of command.
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The Chief Probation Officer or the authorized designee shall notify the involved youth's parent/
guardian, the youth's probation officer, the local authority having supervisory jurisdiction, and the
youth's social worker (if applicable) as soon as practicable (15 CCR 1327).
400.6.2 NOTIFICATION OF QUALIFIED HEALTH CARE PROFESSIONALS
If medical action reasonably appears necessary, the Chief Probation Officer or the authorized
designee shall notify the appropriate qualified health care professionals to review, coordinate, and
document medical actions based on protocols and/or at the direction of the Medical Director (15
CCR 1327).
400.6.3 REPORTING
The Chief Probation Officer or the authorized designee shall order that an incident report be
completed with the details of the disturbance no later than the end of the shift (see the Report
Preparation Policy). If appropriate, a crime report shall be initiated, and prosecution sought (15
CCR 1327).
400.7 RIOTS
Riots occur when youth forcibly and/or violently take control, or disrupt in large numbers with
violence or attempt to take control of any area within the Juvenile Justice Campus.
Staff members shall make reasonable attempts to prevent youth-on-youth violence but shall also
take measures to avoid aggravating the problem and making the situation worse (15 CCR 1327).
400.7.1 RESPONSE TO RIOTS
Once the area of the disturbance is secured and isolated from other areas of the facility, time
is generally on the side of officers. If possible, the process of quelling the disturbance should
slow down so officers can develop response plans, ensure there are adequate facility personnel
to effectively take the required actions, and ensure that responding officers are appropriately
equipped with protective gear.
Officers shall evaluate their response given the totality of circumstances in any situation, but
generally shall not enter the space where a riot is occurring until sufficient officers are present to
safely suppress the riot. Nothing in this policy shall prohibit any staff member from assisting other
staff members who are being assaulted.
Other housing units must be secured, with sufficient officers remaining at their posts to continue
to supervise the unaffected units.
If officers are unable to contain, control, and resolve the riot, a request for assistance shall be
made to the appropriate law enforcement agency (see the Mutual Aid section in this policy). The
request shall be made by the Chief Probation Officer or the authorized designee. When the riot
has been suppressed, all involved officers must immediately return to their assigned posts and
normal operations should resume.
All youth who have participated in a riot shall be separated and secured as soon as practicable.
If necessary, injured youth shall receive a medical evaluation and treatment. If an injured youth
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is medically cleared to remain in the Juvenile Justice Campus, the youth will be reclassified and
moved to appropriate housing. If a crime has occurred with injury or death due to the riot, the
Fresno Sheriffs Office shall be notified to investigate the matter (15 CCR 1327).
400.7.2 QUALIFIED HEALTH CARE PROFESSIONAL RESPONSE
If necessary, a Watch Commander or the authorized designee should notify the qualified health
care professionals and identify a staging area for medical emergency responders and for medical
triage.
The Medical Director or the authorized designee shall be included in developing the response
plan as it relates to the potential for a medical response, medical triage and treatment activities,
and the safety and security of medical staff members during the incident (15 CCR 1327).
400.7.3 NOTIFICATIONS
As soon as practicable, the Watch Commander or a responsible officer shall notify the Chief
Probation Officer or the authorized designee.
The Chief Probation Officer or the authorized designee shall notify any involved youth's parent/
guardian, the youth's probation officer, the local authority having supervisory jurisdiction, and the
youth's social worker (if applicable) (15 CCR 1327).
400.7.4 REPORTING
The Chief Probation Officer or the authorized designee shall order that a report be written detailing
the incident by the end of the shift (see the Report Preparation Policy) unless approved by a
supervisor to be completed at a later time (15 CCR 1327).
400.8 HOSTAGES
The Department does not recognize the taking of hostages as a reason to relinquish control of
the Juvenile Justice Campus. Signage will be posted in the lobbies, and visiting area that JJC is
a no hostage facility.
It is the policy of the Fresno County Probation Department to use all available resources
reasonably necessary to bring about a successful end to a hostage situation (15 CCR 1327).
400.8.1 RESPONSE TO HOSTAGE INCIDENT
Institutional Core Central Control (ICCC) should immediately be notified at the earliest sign of a
hostage incident. Institutional Core Central Control (ICCC) shall notify the Chief Probation Officer
through the chain of command as soon as practicable.
The Chief Probation Officer or the authorized designee shall make every effort to ensure that the
hostage incident remains confined to the smallest area possible. All door controls accessible to
youth shall be disabled. Emergency exits that lead outside the secure perimeter shall be guarded
(15 CCR 1327).
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400.8.2 NOTIFICATION OF QUALIFIED HEALTH CARE PROFESSIONALS
At the direction of the Watch Commander or the authorized designee, the qualified health care
professionals shall be notified in order to identify a location and form a logistical plan for medical
triage. The location also shall serve as a medical staging area for other medical emergency
responders (15 CCR 1327).
400.8.3 HOSTAGE RESCUE
Communications with the hostage-taker should be established as soon as practicable.The Watch
Commander or the authorized designee shall document, if known, the number of hostages, any
demands, and any injuries. No promises or denials will be made until a hostage negotiator arrives
on scene. Hostage-taker demands for officers to open doors will not be met. A hostage rescue
team should be immediately summoned, and the established protocols for resolving the situation
shall be implemented. The Chief Probation Officer or the authorized designee shall be consulted
regarding decisions faced by the hostage rescue team (15 CCR 1327).
400.8.4 REPORTING
Following the conclusion of a hostage incident, the Chief Probation Officer or the authorized
designee shall order that an incident report be completed by the end of the shift (see the Report
Preparation Policy) unless approved by as supervisor at a later time (15 CCR 1327).
400.9 ESCAPES
Upon being made aware that an escape may have occurred or did occur, the staff member shall
notify the on-duty Watch Commander. The Watch Commander shall notify the Chief Probation
Officer through the chain of command as soon as practicable.
Once the escape is verified and immediate actions have been taken inside the facility (e.g.,
lockdown), the Watch Commander should ensure that all local law enforcement agencies are
notified (15 CCR 1327).
400.9.1 YOUTH COUNTS
As soon as the facility is fully locked down, a full youth head count should be taken.
All youth who are outside of the secure perimeter of the facility (e.g., court, work details) shall
be located and identified. The identity of any missing youth shall be disclosed, and the youth's
facility record shall be accessed by the Chief Probation Officer or the authorized designee (15
CCR 1327).
400.9.2 SEARCH
Concurrent with the lockdown, the area surrounding the facility shall be searched for the escapee.
Areas where a youth may be hiding or may have discarded clothing shall be searched first. Any
witnesses shall be interviewed.
Booking staff members will develop a flyer with the youth's name, description, latest picture,
classification status, and charges, and supply it to other staff members and local law enforcement.
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Local law enforcement shall also be given the youth's last known address and a list of associates
(15 CCR 1327).
400.9.3 REPORTING
Following the conclusion of an attempted escape or an escape, the Chief Probation Officer or the
authorized designee shall order that an incident report be completed by the end of the shift. The
incident report shall focus on events and physical plant weaknesses that contributed to the escape
(see the Report Preparation Policy). The Deputy Chief shall review the reports, interview involved
parties, and develop action plans to minimize the risk of future occurrences (15 CCR 1327).
400.10 CIVIL DISTURBANCES OUTSIDE OF THE DETENTION FACILITY
Upon being notified that Juvenile Justice Campus space will be needed in response to a civil
disturbance, potentially involving mass arrests, the Watch Commander shall notify the Chief
Probation Officer or the authorized designee (15 CCR 1327).
400.11 DEBRIEFING
All responding staff members, including medical responders, shall be debriefed, as determined by
the Chief Probation Officer or the authorized designee, on serious facility emergencies as soon as
practicable after the conclusion of the incident. The staff members shall examine the incident from
the perspective of what worked, what actions were less than optimal, and how the response to a
future incident might be improved. Depending on the degree of the situation, it may be necessary to
bring in Mental Health professionals to help facilitate the debriefing to include any youth involved.
If appropriate, the details of the incident will be used to develop a training course for responding
to facility disturbances. The goal of any debriefing process is continuous improvement. The
debriefing shall be focused on the incident, an improved response, and systemic changes that
may be required. A moderator shall ensure that no individual or group involved in the response
is publicly ridiculed.
400.12 EMERGENCY HOUSING OF YOUTH
The Chief Probation Officer or the authorized designee shall develop a plan on the emergency
housing of youth in the event of a full or partial evacuation of the facility. The plan shall
address when youth should be housed in place, identification of alternate facilities and the
potential capacity of those facilities, youth transportation options, and contact information for allied
agencies. This plan shall be reviewed at least annually and revised if necessary.
400.13 MUTUAL AID
The magnitude and anticipated duration of a facility emergency may necessitate interagency
cooperation and coordination. The Deputy Chief shall ensure that any required memorandums of
understanding or other agreements are properly executed, and that any anticipated mutual aid
is requested and facilitated for the safe keeping and transportation of youth during the facility
emergency and evacuation process (see the Emergency Evacuation Policy). For a large-scale
emergency response, see the Emergency Evacuation Policy and Emergency Staffing Policy.
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Emergency Procedures - Facilities (Title 15, § 1327)
When another agency requests assistance from this Department, the Deputy Chief or authorized
designee may authorize, if available, an appropriate number of personnel to assist. Staff members
are reminded that their actions when rendering assistance must conform with applicable laws and
be consistent with the policies of this Department.
When mutual aid assistance is rendered, a report shall be prepared and submitted by the handling
staff member unless otherwise directed by a supervisor (15 CCR 1327).
400.14 REVIEW OF EMERGENCY PROCEDURES
The Deputy Chief shall ensure that there is a review of emergency procedures at least annually
(15 CCR 1327). This review shall be documented and placed in the staff member's JJC and
Departmental training file. This review should also include the signatures or initials of the staff
members responsible for the review. At a minimum, the review shall include:
(a) Assignment of staff members to specific tasks in emergency situations.
(b) Instructions for using the alarm systems and signals.
(c) Systems for the notification of appropriate persons outside the facility.
(d) Information on the location and use of emergency equipment in the facility.
(e) Description of evacuation routes and procedures.
400.15 FIRE
This Department shall identify and conform to applicable federal, state, and/or local fire safety
codes, and establish a process for creating, disseminating, and training all individuals in the facility
on the emergency plans for fire safety and evacuation (see the Fire and Life-Safety Policy,Juvenile
Detention Manual Policy, and Fire Safety Plan Policy).
400.16 NATURAL DISASTER
The Chief Probation Officer or the authorized designee shall be prepared to operate a safe and
secure facility in the event of a natural disaster emergency.
400.17 OTHER TYPES OF EMERGENCIES
Facility emergencies that could negatively affect the good order of the facility and the safety of staff
members, youth, contractors, volunteers, and visitors include but are not limited to an outbreak of
infectious disease, a work stoppage or strike by staff members, and other disruptions. The Chief
Probation Officer or the authorized designee shall be responsible for ensuring that an appropriate
facility emergency plan exists for these types of emergencies.
400.18 PERIODIC TESTING OF EMERGENCY EQUIPMENT
The Chief Probation Officer or the authorized designee is responsible for scheduled and periodic
testing of emergency power systems which are completed by the Internal Services Department.
All testing and inspections shall be documented, and the results included in a report to the Deputy
Chief or the authorized designee.
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400.19 TRAINING
Officers shall review emergency procedures (See Emergency Procedures form located in the
Department Case Management system) annually (15 CCR 1327). This facility will provide
emergency preparedness training as part of orientation training for all staff members assigned
to the facility.
On an annual basis emergency training shall occur for each shift. The assigned Watch
Commander/Supervising Juvenile Correctional Officer shall document in the Watch Commander
log as well as provide JJC Administration a memorandum/e-mail of what training occurred and
retained in accordance with established records retention schedules.
400.20 REFERENCES
See Facilities Emergencies Procedure for additional guidance.
400.21 ISSUED DATE
• 04/17/2023
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Exhibit C
Data Security
1. Definitions
Capitalized terms used in this Exhibit C have the meanings set forth in this section 1.
(A) "Authorized Employees" means the Contractor's employees who have access to
Personal Information.
(B) "Authorized Persons" means: (i) any and all Authorized Employees; and (ii) any and all
of the Contractor's subcontractors, representatives, agents, outsourcers, and
consultants, and providers of professional services to the Contractor, who have access
to Personal Information and are bound by law or in writing by confidentiality obligations
sufficient to protect Personal Information in accordance with the terms of this Exhibit C.
(C)"Director" means the County's Chief Probation Officer or designees.
(D)"Disclose" or any derivative of that word means to disclose, release, transfer,
disseminate, or otherwise provide access to or communicate all or any part of any
Personal Information orally, in writing, or by electronic or any other means to any person.
(E) "Person" means any natural person, corporation, partnership, limited liability company,
firm, or association.
(F) "Personal Information" means any and all information, including any data, provided, or
to which access is provided, to the Contractor by or upon the authorization of the
County, under this Agreement, including but not limited to vital records, that: (i) identifies,
describes, or relates to, or is associated with, or is capable of being used to identify,
describe, or relate to, or associate with, a person (including, without limitation, names,
physical descriptions, signatures, addresses, telephone numbers, e-mail addresses,
education, financial matters, employment history, and other unique identifiers, as well as
statements made by or attributable to the person); (ii) is used or is capable of being used
to authenticate a person (including, without limitation, employee identification numbers,
government-issued identification numbers, passwords or personal identification numbers
(PINs), financial account numbers, credit report information, answers to security
questions, and other personal identifiers); or (iii) is personal information within the
meaning of California Civil Code section 1798.3, subdivision (a), or 1798.80, subdivision
(e). Personal Information does not include publicly available information that is lawfully
made available to the general public from federal, state, or local government records.
(G)"Privacy Practices Complaint" means a complaint received by the County relating to
the Contractor's (or any Authorized Person's) privacy practices, or alleging a Security
Breach. Such complaint shall have sufficient detail to enable the Contractor to promptly
investigate and take remedial action under this Exhibit C.
(H) "Security Safeguards" means physical, technical, administrative or organizational
security procedures and practices put in place by the Contractor (or any Authorized
Persons) that relate to the protection of the security, confidentiality, value, or integrity of
Personal Information. Security Safeguards shall satisfy the minimal requirements set
forth in section 3(C) of this Exhibit C.
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Exhibit C
(1) "Security Breach" means (i) any act or omission that compromises either the security,
confidentiality, value, or integrity of any Personal Information or the Security Safeguards,
or (ii) any unauthorized Use, Disclosure, or modification of, or any loss or destruction of,
or any corruption of or damage to, any Personal Information.
(J) "Use" or any derivative of that word means to receive, acquire, collect, apply,
manipulate, employ, process, transmit, disseminate, access, store, disclose, or dispose
of Personal Information.
2. Standard of Care
(A) The Contractor acknowledges that, in the course of its engagement by the County under
this Agreement, the Contractor, or any Authorized Persons, may Use Personal
Information only as permitted in this Agreement.
(B) The Contractor acknowledges that Personal Information is deemed to be confidential
information of, or owned by, the County (or persons from whom the County receives or
has received Personal Information) and is not confidential information of, or owned or by,
the Contractor, or any Authorized Persons. The Contractor further acknowledges that all
right, title, and interest in or to the Personal Information remains in the County (or
persons from whom the County receives or has received Personal Information)
regardless of the Contractor's, or any Authorized Person's, Use of that Personal
Information.
(C)The Contractor agrees and covenants in favor of the Country that the Contractor shall:
(i) keep and maintain all Personal Information in strict confidence, using such
degree of care under this section 2 as is reasonable and appropriate to avoid a
Security Breach;
(ii) Use Personal Information exclusively for the purposes for which the Personal
Information is made accessible to the Contractor pursuant to the terms of this
Exhibit C;
(iii) not Use, Disclose, sell, rent, license, or otherwise make available Personal
Information for the Contractor's own purposes or for the benefit of anyone other
than the County, without the County's express prior written consent, which the
County may give or withhold in its sole and absolute discretion; and
(iv) not, directly or indirectly, Disclose Personal Information to any person (an
"Unauthorized Third Party") other than Authorized Persons pursuant to this
Agreement, without the Director's express prior written consent.
(D) Notwithstanding the foregoing paragraph, in any case in which the Contractor believes it,
or any Authorized Person, is required to disclose Personal Information to government
regulatory authorities, or pursuant to a legal proceeding, or otherwise as may be
required by applicable law, Contractor shall (i) immediately notify the County of the
specific demand for, and legal authority for the disclosure, including providing County
with a copy of any notice, discovery demand, subpoena, or order, as applicable,
received by the Contractor, or any Authorized Person, from any government regulatory
authorities, or in relation to any legal proceeding, and (ii) promptly notify the County
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Exhibit C
before such Personal Information is offered by the Contractor for such disclosure so that
the County may have sufficient time to obtain a court order or take any other action the
County may deem necessary to protect the Personal Information from such disclosure,
and the Contractor shall cooperate with the County to minimize the scope of such
disclosure of such Personal Information.
(E) The Contractor shall remain liable to the County for the actions and omissions of any
Unauthorized Third Party concerning its Use of such Personal Information as if they
were the Contractor's own actions and omissions.
3. Information Security
(A) The Contractor covenants, represents and warrants to the County that the Contractor's
Use of Personal Information under this Agreement does and will at all times comply with
all applicable federal, state, and local, privacy and data protection laws, as well as all
other applicable regulations and directives, including but not limited to California Civil
Code, Division 3, Part 4, Title 1.81 (beginning with section 1798.80), and the Song-
Beverly Credit Card Act of 1971 (California Civil Code, Division 3, Part 4, Title 1.3,
beginning with section 1747). If the Contractor Uses credit, debit or other payment
cardholder information, the Contractor shall at all times remain in compliance with the
Payment Card Industry Data Security Standard ("PCI DSS") requirements, including
remaining aware at all times of changes to the PCI DSS and promptly implementing and
maintaining all procedures and practices as may be necessary to remain in compliance
with the PCI DSS, in each case, at the Contractor's sole cost and expense.
(B) The Contractor covenants, represents and warrants to the County that, as of the
effective date of this Agreement, the Contractor has not received notice of any violation
of any privacy or data protection laws, as well as any other applicable regulations or
directives, and is not the subject of any pending legal action or investigation by, any
government regulatory authority regarding same.
(C)Without limiting the Contractor's obligations under section 3(A) of this Exhibit C, the
Contractor's (or Authorized Person's) Security Safeguards shall be no less rigorous than
accepted industry practices and, at a minimum, include the following:
(i) limiting Use of Personal Information strictly to the Contractor's and Authorized
Persons' technical and administrative personnel who are necessary for the
Contractor's, or Authorized Persons', Use of the Personal Information pursuant to
this Agreement;
(ii) ensuring that all of the Contractor's connectivity to County computing systems
will only be through the County's security gateways and firewalls, and only
through security procedures approved upon the express prior written consent of
the Director;
(iii) to the extent that they contain or provide access to Personal Information, (a)
securing business facilities, data centers, paper files, servers, back-up systems
and computing equipment, operating systems, and software applications,
including, but not limited to, all mobile devices and other equipment, operating
systems, and software applications with information storage capability; (b)
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Exhibit C
employing adequate controls and data security measures, both internally and
externally, to protect (1) the Personal Information from potential loss or
misappropriation, or unauthorized Use, and (2) the County's operations from
disruption and abuse; (c) having and maintaining network, device application,
database and platform security; (d) maintaining authentication and access
controls within media, computing equipment, operating systems, and software
applications; and (e) installing and maintaining in all mobile, wireless, or
handheld devices a secure internet connection, having continuously updated
anti-virus software protection and a remote wipe feature always enabled, all of
which is subject to express prior written consent of the Director;
(iv) encrypting all Personal Information at advance encryption standards of Advanced
Encryption Standards (AES) of 128 bit or higher (a) stored on any mobile
devices, including but not limited to hard disks, portable storage devices, or
remote installation, or (b) transmitted over public or wireless networks (the
encrypted Personal Information must be subject to password or pass phrase, and
be stored on a secure server and transferred by means of a Virtual Private
Network (VPN) connection, or another type of secure connection, all of which is
subject to express prior written consent of the Director);
(v) strictly segregating Personal Information from all other information of the
Contractor, including any Authorized Person, or anyone with whom the
Contractor or any Authorized Person deals so that Personal Information is not
commingled with any other types of information;
(vi) having a patch management process including installation of all operating system
and software vendor security patches;
(vii) maintaining appropriate personnel security and integrity procedures and
practices, including, but not limited to, conducting background checks of
Authorized Employees consistent with applicable law; and
(viii) providing appropriate privacy and information security training to Authorized
Employees.
(D) During the term of each Authorized Employee's employment by the Contractor, the
Contractor shall cause such Authorized Employees to abide strictly by the Contractor's
obligations under this Exhibit C. The Contractor shall maintain a disciplinary process to
address any unauthorized Use of Personal Information by any Authorized Employees.
(E) The Contractor shall, in a secure manner, backup daily, or more frequently if it is the
Contractor's practice to do so more frequently, Personal Information received from the
County, and the County shall have immediate, real time access, at all times, to such
backups via a secure, remote access connection provided by the Contractor, through the
Internet.
(F) The Contractor shall provide the County with the name and contact information for each
Authorized Employee (including such Authorized Employee's work shift, and at least one
alternate Authorized Employee for each Authorized Employee during such work shift)
who shall serve as the County's primary security contact with the Contractor and shall be
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Exhibit C
available to assist the County twenty-four (24) hours per day, seven (7) days per week
as a contact in resolving the Contractor's and any Authorized Persons' obligations
associated with a Security Breach or a Privacy Practices Complaint.
(G)The Contractor shall not knowingly include or authorize any Trojan Horse, back door,
time bomb, drop dead device, worm, virus, or other code of any kind that may disable,
erase, display any unauthorized message within, or otherwise impair any County
computing system, with or without the intent to cause harm.
4. Security Breach Procedures
(A) Immediately upon the Contractor's awareness or reasonable belief of a Security Breach,
the Contractor shall (i) notify the Director of the Security Breach, such notice to be given
first by telephone at the following telephone number, followed promptly by email at the
following email addresses and telephone numbers: incidents(a�fresnocountyca.gov,
(559) 600-5900, (559) 600-4645 mail to: and Probation Contracts(a-fresnocountyca.gov
(which telephone number and email address the County may update by providing notice
to the Contractor), and (ii) preserve all relevant evidence (and cause any affected
Authorized Person to preserve all relevant evidence) relating to the Security Breach. The
notification shall include, to the extent reasonably possible, the identification of each type
and the extent of Personal Information that has been, or is reasonably believed to have
been, breached, including but not limited to, compromised, or subjected to unauthorized
Use, Disclosure, or modification, or any loss or destruction, corruption, or damage.
(B) Immediately following the Contractor's notification to the County of a Security Breach, as
provided pursuant to section 4(A) of this Exhibit C, the Parties shall coordinate with each
other to investigate the Security Breach. The Contractor agrees to fully cooperate with
the County, including, without limitation:
(i) assisting the County in conducting any investigation;
(ii) providing the County with physical access to the facilities and operations
affected;
(iii) facilitating interviews with Authorized Persons and any of the Contractor's other
employees knowledgeable of the matter; and
(iv) making available all relevant records, logs, files, data reporting and other
materials required to comply with applicable law, regulation, industry standards,
or as otherwise reasonably required by the County.
To that end, the Contractor shall, with respect to a Security Breach, be solely
responsible, at its cost, for all notifications required by law and regulation, or deemed
reasonably necessary by the County, and the Contractor shall provide a written report of
the investigation and reporting required to the Director within 30 days after the
Contractor's discovery of the Security Breach.
(C) County shall promptly notify the Contractor of the Director's knowledge, or reasonable
belief, of any Privacy Practices Complaint, and upon the Contractor's receipt of that
notification, the Contractor shall promptly address such Privacy Practices Complaint,
including taking any corrective action under this Exhibit C, all at the Contractor's sole
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Exhibit C
expense, in accordance with applicable privacy rights, laws, regulations and standards.
In the event the Contractor discovers a Security Breach, the Contractor shall treat the
Privacy Practices Complaint as a Security Breach. Within 24 hours of the Contractor's
receipt of notification of such Privacy Practices Complaint, the Contractor shall notify the
County whether the matter is a Security Breach, or otherwise has been corrected and
the manner of correction, or determined not to require corrective action and the reason
for that determination.
(D)The Contractor shall take prompt corrective action to respond to and remedy any
Security Breach and take mitigating actions, including but not limiting to, preventing any
reoccurrence of the Security Breach and correcting any deficiency in Security
Safeguards as a result of such incident, all at the Contractor's sole expense, in
accordance with applicable privacy rights, laws, regulations and standards. The
Contractor shall reimburse the County for all reasonable costs incurred by the County in
responding to, and mitigating damages caused by, any Security Breach, including all
costs of the County incurred relation to any litigation or other action described section
4(E) of this Exhibit C.
(E) The Contractor agrees to cooperate, at its sole expense, with the County in any litigation
or other action to protect the County's rights relating to Personal Information, including
the rights of persons from whom the County receives Personal Information.
5. Oversight of Security Compliance
(A) The Contractor shall have and maintain a written information security policy that
specifies Security Safeguards appropriate to the size and complexity of the Contractor's
operations and the nature and scope of its activities.
(B) Upon the County's written request, to confirm the Contractor's compliance with this
Exhibit C, as well as any applicable laws, regulations and industry standards, the
Contractor grants the County or, upon the County's election, a third party on the
County's behalf, permission to perform an assessment, audit, examination or review of
all controls in the Contractor's physical and technical environment in relation to all
Personal Information that is Used by the Contractor pursuant to this Agreement. The
Contractor shall fully cooperate with such assessment, audit or examination, as
applicable, by providing the County or the third party on the County's behalf, access to
all Authorized Employees and other knowledgeable personnel, physical premises,
documentation, infrastructure and application software that is Used by the Contractor for
Personal Information pursuant to this Agreement. In addition, the Contractor shall
provide the County with the results of any audit by or on behalf of the Contractor that
assesses the effectiveness of the Contractor's information security program as relevant
to the security and confidentiality of Personal Information Used by the Contractor or
Authorized Persons during the course of this Agreement under this Exhibit C.
(C)The Contractor shall ensure that all Authorized Persons who Use Personal Information
agree to the same restrictions and conditions in this Exhibit C that apply to the
Contractor with respect to such Personal Information by incorporating the relevant
provisions of these provisions into a valid and binding written agreement between the
Contractor and such Authorized Persons, or amending any written agreements to
provide same.
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Exhibit C
6. Return or Destruction of Personal Information. Upon the termination of this Agreement,
the Contractor shall, and shall instruct all Authorized Persons to, promptly return to the County
all Personal Information, whether in written, electronic or other form or media, in its possession
or the possession of such Authorized Persons, in a machine readable form used by the County
at the time of such return, or upon the express prior written consent of the Director, securely
destroy all such Personal Information, and certify in writing to the County that such Personal
Information have been returned to the County or disposed of securely, as applicable. If the
Contractor is authorized to dispose of any such Personal Information, as provided in this Exhibit
C, such certification shall state the date, time, and manner(including standard) of disposal and
by whom, specifying the title of the individual. The Contractor shall comply with all reasonable
directions provided by the Director with respect to the return or disposal of Personal Information
and copies of Personal Information. If return or disposal of such Personal Information or copies
of Personal Information is not feasible, the Contractor shall notify the County according,
specifying the reason, and continue to extend the protections of this Exhibit C to all such
Personal Information and copies of Personal Information. The Contractor shall not retain any
copy of any Personal Information after returning or disposing of Personal Information as
required by this section 6. The Contractor's obligations under this section 6 survive the
termination of this Agreement and apply to all Personal Information that the Contractor retains if
return or disposal is not feasible and to all Personal Information that the Contractor may later
discover.
7. Equitable Relief. The Contractor acknowledges that any breach of its covenants or
obligations set forth in this Exhibit C may cause the County irreparable harm for which monetary
damages would not be adequate compensation and agrees that, in the event of such breach or
threatened breach, the County is entitled to seek equitable relief, including a restraining order,
injunctive relief, specific performance and any other relief that may be available from any court,
in addition to any other remedy to which the County may be entitled at law or in equity. Such
remedies shall not be deemed to be exclusive but shall be in addition to all other remedies
available to the County at law or in equity or under this Agreement.
8. Indemnity. The Contractor shall defend, indemnify and hold harmless the County, its
officers, employees, and agents, (each, a "County Indemnitee") from and against any and all
infringement of intellectual property including, but not limited to infringement of copyright,
trademark, and trade dress, invasion of privacy, information theft, and extortion, unauthorized
Use, Disclosure, or modification of, or any loss or destruction of, or any corruption of or damage
to, Personal Information, Security Breach response and remedy costs, credit monitoring
expenses, forfeitures, losses, damages, liabilities, deficiencies, actions,judgments, interest,
awards, fines and penalties (including regulatory fines and penalties), costs or expenses of
whatever kind, including attorneys' fees and costs, the cost of enforcing any right to
indemnification or defense under this Exhibit C and the cost of pursuing any insurance
providers, arising out of or resulting from any third party claim or action against any County
Indemnitee in relation to the Contractor's, its officers, employees, or agents, or any Authorized
Employee's or Authorized Person's, performance or failure to perform under this Exhibit C or
arising out of or resulting from the Contractor's failure to comply with any of its obligations under
this section 8. The provisions of this section 8 do not apply to the acts or omissions of the
County. The provisions of this section 8 are cumulative to any other obligation of the Contractor
to, defend, indemnify, or hold harmless any County Indemnitee under this Agreement. The
provisions of this section 8 shall survive the termination of this Agreement.
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Exhibit C
9. Survival. The respective rights and obligations of the Contractor and the County as stated
in this Exhibit C shall survive the termination of this Agreement.
10. No Third Party Beneficiary. Nothing express or implied in the provisions of in this Exhibit C
is intended to confer, nor shall anything in this Exhibit C confer, upon any person other than the
County or the Contractor and their respective successors or assignees, any rights, remedies,
obligations or liabilities whatsoever.
11. No County Warranty. The County does not make any warranty or representation whether
any Personal Information in the Contractor's (or any Authorized Person's) possession or control
or Use by the Contractor (or any Authorized Person), pursuant to the terms of this Agreement is
or will be secure from unauthorized Use, or a Security Breach or Privacy Practices Complaint.
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Budget EXHIBIT D
7/20RO24-flW/2025 Page 1 of 2
Organization/Agency: Focus Forward
Program/Service: Mentoring Services
SALARIES&BENEFITS Budget Notes/Comments/Description
Regular Salaries
(Specify rate x hours) $ 42,090 100%of Volunteer Coordinator, 25%of Program Manager and 10% CEO
Extra Help
Standby Pay
Overtime
Holiday OT
Unemployment Insurance 139 5.4%of first$7,000 of salaries
Retirement Contribution 1,684 VC 4%contribution and pro rata share Program Manager and CEO
OASDI Contribution 2,609 VC and pro rata share Program Manager and CEO
Workers Comp Contribution 354 VC and pro rata share Program Manager and CEO
Health Insurance Contribution 3,492 VC and pro rata share Program Manager and CEO
Life&Disability Insurance
Benefits Administration
Other(describe) 611 Medicare Tax Expense (1.45%of salaries)
Salaries&BenefitsTotal $ 50,979
OPERATION/SERVICES/SUPPLIES Budget Notes/Comments/Description
Telephone Charges 495 Monthly service for mobile phones(est. $82.50/month)
Liability Insurance
Insurance-Other 1,500 Pro rata share of annual insurance
Office Expense 1,200 General office and outreach supplies($200/month)
Mentor incentives, mentor recruitment, pro-social activities,family engagement,
Program Supplies 2,100 barrier removal, etc.
Printing
Operating Lease Building
Facility Services Charge
Operating Lease Equipment
Education, Training&Coaching 600 Trainings, conferences, webinars, etc.
Local Travel/Auto Mileage Reimburse 1,230 est. 102 miles/month at$.67/mile per staff
Bldng Maintenance, Utilities&Rent 1,272 Includes community space rental
Other(describe) 223 Payroll Services Expense
Operation/Services/Supplies Total $ 8,620
Overhead Administrative/Indirect Costs
Overhead Admin/Indirect Costs Total $ 8,582.00
TOTAL BUDGET $ 68,181
*Indirect costs-Max. of 15%of salaries and benefits(less OT and related benefit costs)
** Local travel/auto mileage reimbursements shall comply with the U.S. General Services Administration Per Diem rate.
***Contractor must furnish supporting documentation for the aforementioned expenses to facilitate payments.
Salary BenffiMeWrby Position EXHIBIT D
7/20/2024 - 1/31/2025 Page 2 of 2
NOTE: Please include description/notes as needed.
Health
Unemp. Worker Insuranc Life & Retire- Benefits Description of
Position FTE Salary Insurance OASDI s Comp a Disability ment Admin Other Total Other/Notes
Volunteer Coordinator 1.00 $ 28,217 $ 103 $1,749 $ 237 $ 2,940 $ 1,129 $ 410 $ 34,785 Medicare Tax Expense
Program Manager 0.25 $ 9,244 $ 26 $ 573 $ 78 $ 276 $ 370 $ 134 $ 10,701 Medicare Tax Expense
CEO 0.10 $ 4,629 $ 10 $ 287 $ 39 $ 276 $ 185 $ 67 $ 5,493 Medicare Tax Expense
TOTALS 1.35 $ 42,090 $ 139 $2,609 $ 354 $ 3,492 $ - $ 1,684 $ - $ 611 $ 50,979
P-24-507
Exhibit E
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, 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.
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@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
volunteers, individually and collectively, are additional insureds insofar as the
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Exhibit E
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.
(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,
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.
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Exhibit E
(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.
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P-24-507
Exhibit F
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).
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P-24-507
Exhibit F
(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:
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