HomeMy WebLinkAboutAgreement A-24-486 with North Star Family Center.pdf Agreement No. 24-486
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated September 10, 2024 and is between
3 North Star Family Center, a California nonprofit public benefit corporation ("Contractor"), and the
4 County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. The County, through its Probation Department (Department), has determined there is a
7 need to conduct psychological assessments and provide counseling services for adults on
8 probation or incarcerated at the County jail. The purpose of counseling services is to reduce
9 recidivism by targeting behaviors that lead to or continue criminal behavior.
10 B. The County has determined that County staff does not have the expertise for these
11 services and that the Contractor possesses unique capabilities to provide the services
12 requested by the Department.
13 C. On March 20, 2024, the County issued a Request for Proposal (RFP) #24-052, which
14 solicited bids for counseling services for adults on probation or in custody. The review panel
15 recommended to award services to the Contractor. The Probation Department concurred with
16 the recommendation.
17 D. The Contractor represents that it can satisfactorily provide the services described in this
18 Agreement, pursuant to the terms of the Agreement.
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 Confidential Information. Contractor shall comply with all provisions of Exhibit B
4 Data Security.
5 1.5 Prison Rape Elimination Act (PREA). Contractor shall train all employees on
6 PREA, and will follow the Guidelines set forth by the Fresno County Sheriff's Office, attached as
7 Exhibit C. The Sheriff's Office has a zero tolerance for any incidence of sexual assault, sexual
8 harassment, or sexual misconduct, and makes every effort to comply with applicable
9 components of the Federal Prison Rape Elimination Act of 2003. The Sheriff's Office is
10 committed to providing a safe, humane, secure environment, free from sexual assault or abuse,
11 and has implemented procedures for appropriate prevention, detection, intervention, and
12 treatment for all victims of sexual assault. All reported incidents of sexual assault will be
13 investigated.
14 1.6 No Hostage Policy. Contractor's employees shall be advised of the possibility that a
15 hostage taking incident could occur at any time, and of the "No Hostage" policy, as set forth in
16 Exhibit D, attached and incorporated by this reference, which means that there shall be no
17 bargaining for the release of hostages in exchange for the release of confined inmates or
18 minors.
19 1.7 The services may be provided at the Jail facilities or other County facilities.
20 Contractor shall not have any right to control or exclusively possess all or any portion of any
21 County facility, including the Jail, and at any time, authorized County staff may enter County
22 facilities, including the Jail, where Contractor is performing services.
23 1.8 Meetings. Contractor shall participate in meetings with Probation staff. These
24 meetings include, but shall not be limited to monthly, weekly, or as needed collaborative
25 meetings to evaluate and address program needs, problem/issues that may arise.
26 Article 2
27 Records and Reporting
28 2.1 The Contractor shall submit the following reports and data:
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1 (A) Reports. Contractor shall maintain a computerized database and collect data on
2 participant demographic, program participant, program exit data, detailed reports from
3 the counselors, and any other data determined by the Chief Probation Officer or his
4 designee. Reports will reflect the training, supportive services accessed, and other steps
5 that program participants are making towards their long-term goals. The Contractor shall
6 monitor the data collection to ensure the quality of the data provided is accurate, and
7 submitted each month as required and corrected, if necessary.
8 (B) Records. The Contractor shall keep a detailed record for each client, including
9 information on their needs, progress, and actions taken on their behalf to connect them
10 with supportive services. Contractor will submit a copy of all participant program
11 requirements and referrals with the monthly invoice using the data set and report formats
12 approved by the County.
13 (C) Upon request by the County. Contractor must provide reports within a
14 reasonable period of time including, but not limited to, additional information related to
15 Contractor's performance of this Agreement, for example, specific statistical information
16 or performance-based data reports that may be required by Probation, and/or other
17 regulations.
18 Article 3
19 County's Responsibilities
20 3.1 The County shall compensate Contractor for satisfactorily provided services and
21 reimburse Contractor for allowable reasonable and necessary expenses incurred, as provided
22 under Article 4, "Compensation, Invoices, and Payments," of this Agreement.
23 3.2 The County, at no charge to Contractor, shall provide Contractor's employees
24 assigned to the County Jail, and allowed admittance by County as provided herein, with Vendor
25 identification badges, for performance of services under this Agreement.
26 3.3 The County shall provide direction to Contractor's employees in the event of a
27 disturbance inside the County Jail.
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1 Article 4
2 Compensation, Invoices, and Payments
3 4.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
4 the performance of its services under this Agreement as described in Exhibit E to this
5 Agreement, titled "Compensation."
6 4.2 Maximum Compensation. The maximum annual compensation payable to the
7 Contractor under this Agreement is one hundred fifty-four thousand dollars ($154,000). In no
8 event shall the maximum compensation paid for all services performed under this Agreement
9 exceed seven hundred seventy thousand dollars ($770,000.) The Contractor acknowledges that
10 the County is a local government entity, and does so with notice that the County's powers are
11 limited by the California Constitution and by State law, and with notice that the Contractor may
12 receive compensation under this Agreement only for services performed according to the terms
13 of this Agreement and while this Agreement is in effect, and subject to the maximum amount
14 payable under this section. The Contractor further acknowledges that County employees have
15 no authority to pay the Contractor except as expressly provided in this Agreement.
16 4.3 Invoices. The Contractor shall submit monthly invoices electronically to
17 Probation I nvoices(a-)_fresnocountyca.w . Each invoice shall specifically identify this Agreement
18 number, clearly identify the services provided, a list of the participants seen and the hours of
19 services provided for the specified billing period. The Contractor shall include supporting
20 documentation to substantiate the invoiced services. Supporting documentation includes, but is
21 not limited to: list of positions funded, documentation of staff hours (e.g., timesheets, time
22 tracking reports, etc.), a detailed breakdown of the participants who received services, the
23 specific services delivered to the participants and copies of receipts for any operating costs
24 must be submitted to be reimbursed. The Contractor shall submit each invoice within 45 days
25 after the month in which the Contractor performs services and in any case within 45 days after
26 the end of the term or termination of this Agreement.
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1 4.4 Payment. The County shall pay each correctly completed and timely submitted
2 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
3 address specified in the invoice.
4 4.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
5 expenses that are not specified as payable by the County under this Agreement.
6 Article 5
7 Term of Agreement
8 5.1 Term. This Agreement is effective on September 15, 2024 and terminates on
9 September 14, 2027, except as provided in section 5.2, "Extension," or Article 7, "Termination
10 and Suspension," below.
11 5.2 Extension. The term of this Agreement may be extended for no more than two, one-
12 year periods only upon written approval of both parties at least 30 days before the first day of
13 the next one-year extension period. The Chief Probation Officer or his or her designee is
14 authorized to sign the written approval on behalf of the County based on the Contractor's
15 satisfactory performance. The extension of this Agreement by the County is not a waiver or
16 compromise of any default or breach of this Agreement by the Contractor existing at the time of
17 the extension whether or not known to the County.
18 Article 6
19 Notices
20 6.1 Contact Information. The persons and their addresses having authority to give and
21 receive notices provided for or permitted under this Agreement include the following:
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For the County:
23 Chief Probation Officer
Probation Department
24 County of Fresno
3333 East American Ave.
25 Fresno, CA 93725
Probation Contracts(a)-fresnocountyca.gov
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For the Contractor:
27 Chief Executive Officer
North Star Family Center
28 6051 N. Fresno Street, Suite 103
Fresno, CA 93710
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1 mary(a)-northstarfamilycenter.org
2 6.2 Change of Contact Information. Either party may change the information in section
3 6.1 by giving notice as provided in section 6.3.
4 6.3 Method of Delivery. Each notice between the County and the Contractor provided
5 for or permitted under this Agreement must be in writing, state that it is a notice provided under
6 this Agreement, and be delivered either by personal service, by first-class United States mail, by
7 an overnight commercial courier service, by telephonic facsimile transmission, or by Portable
8 Document Format (PDF) document attached to an email.
9 (A) A notice delivered by personal service is effective upon service to the recipient.
10 (B) A notice delivered by first-class United States mail is effective three County
11 business days after deposit in the United States mail, postage prepaid, addressed to the
12 recipient.
13 (C)A notice delivered by an overnight commercial courier service is effective one
14 County business day after deposit with the overnight commercial courier service,
15 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
16 the recipient.
17 (D)A notice delivered by telephonic facsimile transmission or by PDF document
18 attached to an email is effective when transmission to the recipient is completed (but, if
19 such transmission is completed outside of County business hours, then such delivery is
20 deemed to be effective at the next beginning of a County business day), provided that
21 the sender maintains a machine record of the completed transmission.
22 6.4 Claims Presentation. For all claims arising from or related to this Agreement,
23 nothing in this Agreement establishes, waives, or modifies any claims presentation
24 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
25 of Title 1 of the Government Code, beginning with section 810).
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1 Article 7
2 Termination and Suspension
3 7.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
4 contingent on the approval of funds by the appropriating government agency. If sufficient funds
5 are not allocated, then the County, upon at least 30 days' advance written notice to the
6 Contractor, may:
7 (A) Modify the services provided by the Contractor under this Agreement; or
8 (B) Terminate this Agreement.
9 7.2 Termination for Breach.
10 (A) Upon determining that a breach (as defined in paragraph (C) below) has
11 occurred, the County may give written notice of the breach to the Contractor. The written
12 notice may suspend performance under this Agreement, and must provide at least 30
13 days for the Contractor to cure the breach.
14 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
15 time stated in the written notice, the County may terminate this Agreement immediately.
16 (C) For purposes of this section, a breach occurs when, in the determination of the
17 County, the Contractor has:
18 (1) Obtained or used funds illegally or improperly;
19 (2) Failed to comply with any part of this Agreement;
20 (3) Submitted a substantially incorrect or incomplete report to the County; or
21 (4) Improperly performed any of its obligations under this Agreement.
22 7.3 Termination without Cause. In circumstances other than those set forth above, the
23 County may terminate this Agreement by giving at least 30 days advance written notice to the
24 Contractor.
25 7.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
26 under this Article 6 is without penalty to or further obligation of the County.
27 7.5 County's Rights upon Termination. Upon termination for breach under this Article
28 7, the County may demand repayment by the Contractor of any monies disbursed to the
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1 Contractor under this Agreement that, in the County's sole judgment, were not expended in
2 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
3 demand. This section survives the termination of this Agreement.
4 Article 8
5 Independent Contractor
6 8.1 Status. In performing under this Agreement, the Contractor, including its officers,
7 agents, employees, and volunteers, is at all times acting and performing as an independent
8 contractor, in an independent capacity, and not as an officer, agent, servant, employee,joint
9 venturer, partner, or associate of the County.
10 8.2 Verifying Performance. The County has no right to control, supervise, or direct the
11 manner or method of the Contractor's performance under this Agreement, but the County may
12 verify that the Contractor is performing according to the terms of this Agreement.
13 8.3 Benefits. Because of its status as an independent contractor, the Contractor has no
14 right to employment rights or benefits available to County employees. The Contractor is solely
15 responsible for providing to its own employees all employee benefits required by law. The
16 Contractor shall save the County harmless from all matters relating to the payment of
17 Contractor's employees, including compliance with Social Security withholding and all related
18 regulations.
19 8.4 Services to Others. The parties acknowledge that, during the term of this
20 Agreement, the Contractor may provide services to others unrelated to the County.
21 Article 9
22 Indemnity and Defense
23 9.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
24 County (including its officers, agents, employees, and volunteers) against all claims, demands,
25 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
26 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
27 the performance or failure to perform by the Contractor (or any of its officers, agents,
28 subcontractors, or employees) under this Agreement. The County may conduct or participate in
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1 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
2 defend the County.
3 9.2 Survival. This Article 9 survives the termination or expiration of this Agreement.
4 Article 10
5 Insurance
6 10.1 The Contractor shall comply with all the insurance requirements in Exhibit F to this
7 Agreement.
8 Article 11
9 Inspections, Audits, and Public Records
10 11.1 Inspection of Documents. The Contractor shall make available to the County, and
11 the County may examine at any time during business hours and as often as the County deems
12 necessary, all of the Contractor's records and data with respect to the matters covered by this
13 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
14 request by the County, permit the County to audit and inspect all of such records and data to
15 ensure the Contractor's compliance with the terms of this Agreement.
16 11.2 State Audit Requirements. If the compensation to be paid by the County under this
17 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
18 California State Auditor, as provided in Government Code section 8546.7, for a period of three
19 years after final payment under this Agreement. This section survives the termination of this
20 Agreement.
21 11.3 Public Records. The County is not limited in any manner with respect to its public
22 disclosure of this Agreement or any record or data that the Contractor may provide to the
23 County. The County's public disclosure of this Agreement or any record or data that the
24 Contractor may provide to the County may include but is not limited to the following:
25 (A) The County may voluntarily, or upon request by any member of the public or
26 governmental agency, disclose this Agreement to the public or such governmental
27 agency.
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1 (B) The County may voluntarily, or upon request by any member of the public or
2 governmental agency, disclose to the public or such governmental agency any record or
3 data that the Contractor may provide to the County, unless such disclosure is prohibited
4 by court order.
5 (C)This Agreement, and any record or data that the Contractor may provide to the
6 County, is subject to public disclosure under the Ralph M. Brown Act (California
7 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
8 (D)This Agreement, and any record or data that the Contractor may provide to the
9 County, is subject to public disclosure as a public record under the California Public
10 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
11 with section 6250) ("CPRA").
12 (E) This Agreement, and any record or data that the Contractor may provide to the
13 County, is subject to public disclosure as information concerning the conduct of the
14 people's business of the State of California under California Constitution, Article 1,
15 section 3, subdivision (b).
16 (F) Any marking of confidentiality or restricted access upon or otherwise made with
17 respect to any record or data that the Contractor may provide to the County shall be
18 disregarded and have no effect on the County's right or duty to disclose to the public or
19 governmental agency any such record or data.
20 11.4 Public Records Act Requests. If the County receives a written or oral request
21 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
22 and which the County has a right, under any provision of this Agreement or applicable law, to
23 possess or control, then the County may demand, in writing, that the Contractor deliver to the
24 County, for purposes of public disclosure, the requested records that may be in the possession
25 or control of the Contractor. Within five business days after the County's demand, the
26 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
27 possession or control, together with a written statement that the Contractor, after conducting a
28 diligent search, has produced all requested records that are in the Contractor's possession or
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1 control, or (b) provide to the County a written statement that the Contractor, after conducting a
2 diligent search, does not possess or control any of the requested records. The Contractor shall
3 cooperate with the County with respect to any County demand for such records. If the
4 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
5 CPRA or other applicable law, it must deliver the record or data to the County and assert the
6 exemption by citation to specific legal authority within the written statement that it provides to
7 the County under this section. The Contractor's assertion of any exemption from disclosure is
8 not binding on the County, but the County will give at least 10 days' advance written notice to
9 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
10 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
11 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
12 failure to produce any such records, or failure to cooperate with the County with respect to any
13 County demand for any such records.
14 Article 12
15 Disclosure of Self-Dealing Transactions
16 12.1 Applicability. This Article 12 applies if the Contractor is operating as a corporation,
17 or changes its status to operate as a corporation.
18 12.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
19 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
20 "Self-Dealing Transaction Disclosure Form" (Exhibit G to this Agreement) and submitting it to
21 the County before commencing the transaction or immediately after.
22 12.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
23 a party and in which one or more of its directors, as an individual, has a material financial
24 interest.
25 Article 13
26 General Terms
27 13.1 Modification. Except as provided in Article 7, "Termination and Suspension," this
28 Agreement may not be modified, and no waiver is effective, except by written agreement signed
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1 by both parties. The Contractor acknowledges that County employees have no authority to
2 modify this Agreement except as expressly provided in this Agreement.
3 13.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
4 under this Agreement without the prior written consent of the other party.
5 13.3 Governing Law. The laws of the State of California govern all matters arising from
6 or related to this Agreement.
7 13.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
8 County, California. Contractor consents to California jurisdiction for actions arising from or
9 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
10 brought and maintained in Fresno County.
11 13.5 Consistent Federal Income Tax Position. Contractor acknowledges that the Jail
12 facilities referred to herein have been acquired, constructed, and/or improved using net
13 proceeds of governmental tax-exempt bonds ("Bond-Financed Facility"). Contractor agrees that,
14 with respect to this Agreement and the Bond Financed Facility, Contractor is not entitled to take,
15 and shall not take, any position (also known as a "tax position") with the Internal Revenue
16 Service ("IRS") that is inconsistent with being a "service provider" to the County, as a "qualified
17 user" with respect to the Bond Financed Facility, as "managed property," as all of those terms
18 are used in Internal Revenue Service Revenue Procedure 2017-13, and to that end, for
19 example, and not as a limitation, Contractor agrees that Contractor shall not, in connection with
20 any federal income tax return that it files with the IRS or any other statement or information that
21 it provides to the IRS, (a) claim ownership, or that Contractor is a lessee, of any portion of the
22 Bond Financed Facility, 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 Facility.
24 13.6 Construction. The final form of this Agreement is the result of the parties' combined
25 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
26 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
27 against either party.
28 13.7 Days. Unless otherwise specified, "days" means calendar days.
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1 13.8 Headings. The headings and section titles in this Agreement are for convenience
2 only and are not part of this Agreement.
3 13.9 Severability. If anything in this Agreement is found by a court of competent
4 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
5 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
6 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
7 intent.
8 13.10 Nondiscrimination. During the performance of this Agreement, the Contractor shall
9 not unlawfully discriminate against any employee or applicant for employment, or recipient of
10 services, because of race, religious creed, color, national origin, ancestry, physical disability,
11 mental disability, medical condition, genetic information, marital status, sex, gender, gender
12 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
13 all applicable State of California and federal statutes and regulation.
14 13.11 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
15 of the Contractor under this Agreement on any one or more occasions is not a waiver of
16 performance of any continuing or other obligation of the Contractor and does not prohibit
17 enforcement by the County of any obligation on any other occasion.
18 13.12 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
19 between the Contractor and the County with respect to the subject matter of this Agreement,
20 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
21 publications, and understandings of any nature unless those things are expressly included in
22 this Agreement. If there is any inconsistency between the terms of this Agreement without its
23 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
24 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
25 exhibits.
26 13.13 No Third-Party Beneficiaries. This Agreement does not and is not intended to
27 create any rights or obligations for any person or entity except for the parties.
28 13.14 Authorized Signature. The Contractor represents and warrants to the County that:
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1 (A) The Contractor is duly authorized and empowered to sign and perform its
2 obligations under this Agreement.
3 (B) The individual signing this Agreement on behalf of the Contractor is duly
4 authorized to do so and his or her signature on this Agreement legally binds the
5 Contractor to the terms of this Agreement.
6 13.15 Electronic Signatures. The parties agree that this Agreement may be executed by
7 electronic signature as provided in this section.
8 (A) An "electronic signature" means any symbol or process intended by an individual
9 signing this Agreement to represent their signature, including but not limited to (1) a
10 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
11 electronically scanned and transmitted (for example by PDF document) version of an
12 original handwritten signature.
13 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
14 equivalent to a valid original handwritten signature of the person signing this Agreement
15 for all purposes, including but not limited to evidentiary proof in any administrative or
16 judicial proceeding, and (2) has the same force and effect as the valid original
17 handwritten signature of that person.
18 (C)The provisions of this section satisfy the requirements of Civil Code section
19 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
20 Part 2, Title 2.5, beginning with section 1633.1).
21 (D) Each party using a digital signature represents that it has undertaken and
22 satisfied the requirements of Government Code section 16.5, subdivision (a),
23 paragraphs (1) through (5), and agrees that each other party may rely upon that
24 representation.
25 (E) This Agreement is not conditioned upon the parties conducting the transactions
26 under it by electronic means and either party may sign this Agreement with an original
27 handwritten signature.
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1 13.16 Counterparts. This Agreement may be signed in counterparts, each of which is an
2 original, and all of which together constitute this Agreement.
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
NORTH STAR FAMILY CENTER COUNTY OF FRESNO
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5 -Mary Deo Torre, e xecutive Officer Nathan Magsig, Chairman of the Board of
6 6051 N. Fresno Street, Suite 103 Supervisors of the County of Fresno
Fresno, CA 93710 Attest:
7 Bernice Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
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By:
10 Deputy
11 For accounting use only:
12 Org No.: 34300390
Account No.: 7295
13 Fund No.: 0001
Subclass No.: 10000
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Exhibit A
SCOPE OF WORK
The Contractor will provide psychological assessments and counseling to participants
on probation or incarcerated at the County jail. The goal of these services is to reduce
recidivism rates by targeting behaviors that lead to or continue criminal behavior. The
services must be developed around the identified and assessed needs of the individual,
and with the direction of a probation officer or case manager.
The Contractor will provide comprehensive counseling services to participants, tailored
to their specific needs. Services will include:
• Assessments: Conduct thorough assessments to identify individual needs,
strengths, and risk factors.
• Individual and Group Therapy: Offer individualized counseling sessions and
group therapy programs for participants involved in theft, gang involvement, drug
sales, sex crimes, and domestic violence.
• Service Hours: Provide a minimum of 40 hours of services per week dependent
upon the referral volume.
• Contact: Contractor shall notify the designated Deputy Probation Officer (DPO)
within 24 hours of referral.
• Psycho-educational Services: Offer psycho-educational programs to address
specific issues, such as substance abuse, anger management, or parenting
skills.
• Dual diagnosis: Provide specialized services for participants with co-occurring
mental health and substance abuse disorders.
• Aftercare Services: Offer support services to released participants, including job
placement assistance, housing support and community reintegration.
• Collaboration: Work with the Fresno County Probation Department, Sheriff's
Office, jail staff, and other relevant program staff to ensure coordinated care and
effective interventions.
• Contractor will perform relevant duties as identified by the Chief Probation Officer
or Designee.
A-1
Exhibit B
Data Security
1. Definitions
Capitalized terms used in this Exhibit B 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 B.
(C) "Director" means the County's Director of Internal Services/Chief Information Officer or
his or her designee.
(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 c1 II informc1tion. 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 B.
B-1
Exhibit B
(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 B.
(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 SafegQ1 ards,
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 B:
(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.
B-2
Exhibit B
(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
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 B, 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
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Exhibit B
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)
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 B. 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
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Exhibit B
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
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 address: (559) 600-6200/servicedesk@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 B, 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
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Exhibit B
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 B, all at the Contractor's sole
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 B.
(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 E, 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
B-6
Exhibit B
to the security and confidentiality of Personal Information Used by the Contractor
or Authorized Persons during the course of this Agreement under this Exhibit B.
(C)The Contractor shall ensure that all Authorized Persons who Use Personal Information
agree to the same restrictions and conditions in this Exhibit B. 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.
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
B, 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 B 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 q)/Ihis 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 B 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
B-7
Exhibit B
whatever kind, including attorneys' fees and costs, the cost of enforcing any right to
indemnification or defense under this Exhibit B 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 B 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.
9. Survival. The respective rights and obligations of the Contractor and the County as stated
in this Exhibit B shall survive the termination of this Agreement.
10. No Third Party Beneficiary. Nothing express or implied in the provisions of in this Exhibit B
is intended to confer. nor shall anything in this Exhibit B 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.
B-8
Exhibit C
EFFECTIVE DATE: 02-01-12 REVISED: 06-27-16, 06-20-17
AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: Prison Rape Elimination Act of 2003 (42 USC 15601); 28 CFR 115; Penal
Code Sections 264.2, 286(e), 288a(e), 289.6, 293, 679.04 11160.1, 13516,
13823.5, and 13823.11; Fresno County Sheriff's Office Policy and Procedure
Manual Section 102.
PURPOSE:
The purpose of this policy is to maintain a program of education, prevention, detection,
investigation, punishment forthe perpetrator,treatment and supportforthe victim, and data
collection, in order to protect the inmate population from inmate-on-inmate sexual assault
and staff sexual abuse, sexual misconduct, and sexual harassment.
POLICY:
It is the policy of the Fresno County Sheriff's Office to maintain a zero-tolerance for inmate-
on-inmate sexual assault and staff sexual abuse, sexual misconduct, and sexual
harassment toward inmates. This policy provides a response plan universal for all
instances of sexual abuse, sexual assault and sexual misconduct.
It is the policy of the Fresno County Sheriff's Office to thoroughly investigate every
allegation of sexual abuse, and where warranted by evidence, proportional sanctions, up to
and including criminal prosecution, are implemented.
It is the policy of the Fresno County Sheriff's Office that retaliatory measures against
employees or inmates who report incidents of sexual abuse shall not be tolerated and shall
result in disciplinary action and/or criminal prosecution. Retaliatory measures include, but
are not limited to, coercion, threats of punishment, or any other activities intended to
discourage or prevent an employee or inmate from reporting the sexual abuse.
This policy applies to all inmates and persons employed by the Fresno County Sheriff's
Office, including volunteers and independent contractors.
Consensual sodomy and oral copulation among inmates is prohibited by law(Penal Code
Sections 286(e) and 288a(e), respectively). Without repealing those provisions, the
increased scrutiny provided by this policy shall apply only to nonconsensual sexual contact
among inmates and custodial sexual misconduct.
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Exhibit C
PROCEDURES:
I. OVERVIEW
In 2012, the U.S. Department of Justice (DOJ) issued standards that jails
must meet to protect inmates from sexual violence and harassment. The
standards implement the Prison Rape Elimination Act (PREA) of 2003.
A. PREA requires jails to prevent sexual abuse from occurring, and requires
that staff report and intervene whenever they learn an inmate is being
victimized. Jails must screen each inmate's risk level for sexual assault
and make efforts to house them safely. Jails also have to minimize
opportunities for sexual assault by having sufficient staffing, rounds, and
video monitoring.
B. When sexual assaults do occur, jails must provide inmates with
appropriate medical and mental health services, confidentially, and at no
cost, in a manner consistent with the level of care in the community.
Inmates must receive urgent trauma care, which includes treatment of
injuries, sexually transmitted infection testing, post-exposure prophylaxis
(i.e., action taken to prevent disease), and for those who need it,
emergency contraception and pregnancy testing. Prompt forensic exams
must also be provided to inmates who want them, in order to preserve
evidence for possible prosecution. Jails have to provide inmates with
access to outside victim advocates and rape crisis organizations.
C. There must be clear mechanisms to report sexual assault and those who
report must be protected from retaliation. Real investigations must
happen, with uniform protocols, and evidence preserved.
This policy has been written in compliance with the DOJ standards.
II. DEFINITIONS
SEXUAL ABUSE includes sexual abuse by another inmate and sexual abuse of
an inmate by a staff member, contractor, or volunteer.
A. SEXUAL ABUSE BY ANOTHER INMATE Includes any of the following acts, if
the victim does not consent, is coerced into such act by overt or implied
threats of violence, or is unable to consent or refuse:
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Exhibit C
1. Contact between the penis and the vulva or the penis and the anus,
including penetration, however slight.
2. Contact between the mouth and the penis, vulva, or anus.
3. Penetration of the anal or genital opening of another person, however
slight, by a hand, finger, object, or other instrument.
4. Any other intentional touching, either directly or through the clothing,
of the genitalia, anus, groin, breast, inner thigh, or the buttocks of
another person, excluding contact incidental to a physical
altercation.
B. SEXUAL ABUSE BY A STAFF MEMBER,CONTRACTOR,OR VOLUNTEER Includes
any of the following acts, with or without consent of the inmate:
1. Contact between the penis and the vulva or the penis and the anus,
including penetration, however slight.
2. Contact between the mouth and the penis, vulva, or anus.
3. Contact between the mouth and any body part where the staff
member, contractor, or volunteer has the intent to abuse, arouse, or
gratify sexual desire.
4. Penetration of the anal or genital opening, however slight, by any part
of the body of one person, or of any object, substance, instrument or
device, that is unrelated to official duties or where the staff member,
contractor, or volunteer has the intent to abuse, arouse, or gratify
sexual desire.
5. Any other intentional contact, either directly or through the clothing, of
or with the genitalia, anus, groin, breast, inner thigh, or the buttocks,
that is unrelated to official duties or where the staff member,
contractor, or volunteer has the intent to abuse, arouse or gratify
sexual desire.
6. Any attempt, threat, or request by a staff member, contractor, or
volunteer to engage in the activities described in this section [B(1-5)].
7. Any display by a staff member, contractor, or volunteer of his or her
uncovered genitalia, buttocks, or breast in the presence of an inmate.
8. Voyeurism by a staff member, contractor, or volunteer.
C-3
Exhibit C
C. SEXUAL HARASSMENT Includes:
1. Repeated and unwelcome sexual advances, requests for sexual
favors, or verbal comments, gestures, or actions of a derogatory or
offensive sexual nature by one inmate directed toward another; and
2. Repeated verbal comments or gestures of a sexual nature to an
inmate by a staff member, contractor, or volunteer, including
demeaning references to gender, sexually suggestive or derogatory
comments about body or clothing, or obscene language or gestures.
D. SEXUAL MISCONDUCT
1. As it relates to inmates, includes acts of indecent exposure, sexual
disorderly conduct and exhibitionist masturbation. Any inmate who
"willfully and lewdly" exposes their private parts or who touches
(without exposing)their genitals, buttocks, or breasts in a manner that
demonstrates it is for the purpose of sexual arousal, gratification,
annoyance, or offense will be subject to a rule violation and/or to
criminal prosecution.
2. As it relates to employees, any sexual behavior by a departmental
employee directed toward an inmate as defined in Penal Code
Section 289.6. The legal concept of"consent"does not exist between
employees and inmates; any sexual behavior between them
constitutes sexual misconduct and shall subject the employee to
disciplinary action and/or to prosecution under the law. Sexual
misconduct also includes, but is not limited to, conversations or
correspondence that suggests a romantic relationship.
E. EXONERATED — the incident under investigation occurred, but was lawful
and proper.
F. GENDER NONCONFORMING—a person whose appearance or manner does
not conform to traditional societal gender expectations.
G. INTERSEX - a person whose sexual or reproductive anatomy or
chromosomal pattern does not seem to fit typical definitions of male or
female.
H. NOT SUSTAINED ALLEGATION — also referred to as an unsubstantiated
allegation. An allegation that was investigated and produced insufficient
evidence to make a final determination as to whether or not the event
occurred.
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Exhibit C
I. SEXUAL SOLICITATION — the solicitation of another person to engage in
sexual activity.
J. SUSTAINED ALLEGATION—also referred to as a substantiated allegation—
an allegation that was investigated and determined to have occurred.
K. TRANSGENDER— a person whose gender identity (i.e., internal sense of
feeling male or female) Is different from a person's assigned sex at birth.
L. UNFOUNDED ALLEGATION — an allegation that was investigated and
determined not to have occurred.
M. VICTIM SUPPORT PERSON — means any person of the alleged victim's
choosing, which could include another inmate, personal friend, chaplain,
or family member.
N. VOYEURISM by a staff member, contractor, or volunteer means an
invasion of privacy of an inmate by staff for reasons unrelated to official
duties, such as peering at an inmate who is using a toilet in his or her cell
to perform bodily functions; requiring an inmate to expose his or her
buttocks, genitals or breasts; or taking images of all or part of an inmate's
naked body or of an inmate performing bodily functions.
III. PREVENTION PLANNING
A. All staff is to be trained to recognize the signs of sexual abuse and sexual
harassment and understand their responsibility in the detection,
prevention, response and reporting of an alleged sexual abuse or sexual
harassment.
B. The Sheriff's Office has developed and makes its best effort to comply on
a regular basis with a staffing plan that provides for adequate levels of
staffing to protect inmates against sexual abuse. Deviations from the
staffing plan are documented via Telestaff and/or the Watch
Commander's Summary, noting the reason for the staffing deviation (e.g.,
emergency, etc.).
C. Sergeants are responsible to conduct and document unannounced
rounds on all shifts to deter sexual abuse and sexual harassment. The
checks shall be documented via the Safety Check System. Staff is
prohibited from alerting other staff members that the supervisory rounds
are occurring.
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Exhibit C
D. Inmates are able to shower, perform bodily functions, and change
clothing without staff of the opposite gender viewing their breasts,
buttocks, or genitalia, except in exigent circumstances or when such
viewing is incidental to routine cell checks.
1. In order to minimize cross gender exposure, staff of the opposite
biological sex shall announce their presence when entering the
housing unit. This announcement is required at the beginning of each
shift and/or when the status quo within the housing unit changes (e.g.,
an officer of the opposite sex relieves an assigned officer). An
advisement of this policy will be included in the Inmate Orientation
Handbook so as to allow the inmate to take into consideration that
staff of the opposite gender may be present when performing bodily
and bathing functions.
2. If a security concern exists, officers will NOT announce their
presence.
IV. RESPONSIBILITIES
A. The Services Lieutenant shall be assigned as the designated PREA
Coordinator. The PREA Coordinator is responsible to oversee efforts to
comply with the PREA standards in all facilities, and assess facility
compliance with PREA policies and applicable laws.
B. The designated Sergeant assigned as the PREA Compliance Manager
shall be responsible to:
1. Review all allegations, determine which allegations fall within the
definition of sexual abuse or sexual misconduct, and forward those
allegations for investigation, as appropriate. (Emergency incidents
requiring immediate action will be referred to the Persons Crimes Unit
via the Watch Commander and/or by the responding deputy.)
a. Ensure that the inmate is referred for medical/mental health
evaluation.
b. Coordinate and track referrals of allegations to the Persons
Crimes Unit, Internal Affairs Unit, and prosecutors.
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Exhibit C
c. Ensure that any allegation of sexual abuse that occurred at
another facility is reported to the appropriate office of the agency
where the alleged abuse occurred.
d. For allegations determined notto fall within the definition of sexual
misconduct, the PREA Compliance Manager will ensure the
reporting party is notified and any necessary action is taken. The
notification shall be documented.
e. Investigate (or cause to be investigated) all allegations of sexual
harassment, including third-party and anonymous reports.
f. Conduct (or cause to be conducted) an administrative
investigation to determine whether staff actions or inactions
contributed to an act of abuse.
i. Substantiation shall be based on a preponderance of the
evidence.
ii. The departure of the alleged abuser or victim from the
employment or control of the Sheriff's Office shall not provide a
basis for terminating an investigation.
g. Ensure that the inmate is informed as to whether the allegation
has been determined to be sustained, not sustained, or
unfounded, as well as any subsequent actions (e.g., indictments,
convictions). (Refer to Section XXI.)
2. Ensure that the conduct and treatment of inmates or staff who have
reported sexual abuse or cooperated with investigations are
monitored for signs of retaliation for at least ninety(90)days following
their report or cooperation.
3. Keep the PREA Coordinator and Command Staff informed on PREA-
related issues.
4. Conduct an annual vulnerability assessment for each facility. Staffing
and monitoring systems shall be assessed for adjustments and
documented on a PREA Vulnerability Assessment form. Copies of
the forms shall be forwarded to the PREA Coordinator and the Jail
Division Bureau Commanders.
C-7
Exhibit C
5. Track, monitor, and ensure that recommendations for improvement
made by Command Staff (subsequent to a sexual abuse incident
review) are implemented, or document the reason for not doing so.
6. Maintain, review, and collect data from all incident-based documents,
including reports, investigation files, and sexual abuse incident
reviews.
7. Ensure that required documents are prepared on an annual basis and
published on the Sheriff's website, to include:
a. The aggregated incident-based sexual abuse data.
b. A report of findings and corrective actions for each facility, as well
as the agency as a whole.
c. A copy of this policy.
C. The Facility Sergeants shall ensure compliance with policy and PREA in
each of their respective assigned facilities. The Facility Sergeants shall
be responsible to:
1. Verify the presence of the required Sexual Assault/PREA posters in
all housing units and other appropriate common areas (i.e., medical
rooms, gymnasiums, and program classrooms) during the weekly
cleanliness inspections.
2. Assist in monitoring the conduct and treatment of inmates or staff who
have reported sexual abuse or cooperated with investigations for
signs of retaliation.
3. Assist in the implementation of any corrective action plan.
D. Staff shall accept reports made verbally, in writing, anonymously, and
from third parties and shall promptly document all reports.
1. Employees shall maintain a professional demeanor when interacting
with an alleged victim of sexual abuse, and display sensitivity to the
potential emotional impact of the situation.
2. Incident-specific information shall be treated as confidential, and
disclosure made only to staff who have a "need to know" and to
persons and entities as permitted or required by law.
C-8
Exhibit C
3. Staff shall not discriminate in their response to inmates who are gay,
bisexual, transgender, intersex, or gender nonconforming who report
that they have experienced sexual abuse.
V. EMPLOYEE TRAINING
A. All employees who may have contact with inmates shall be trained on the
Sheriff's Office zero-tolerance policy for sexual abuse and sexual
harassment. The training shall include instruction related to the
prevention, detection, reporting, and response to inmate sexual abuse.
1. This training will be conducted during new employee orientation, and
included in the curriculum of the Correctional Training Academy.
2. All employees shall receive refresher training every two (2) years.
3. In years in which an employee does not receive refresher training, the
Sheriff's Office shall provide refresher information on current sexual
abuse and sexual harassment policies.
B. In addition to general training provided to all employees, the Sheriff's
Office shall ensure that specialized training is provided to Health Services
personnel, sex crime investigators, and other staff identified by the
department.
C. All volunteers and contractors who have contact with inmates shall be
notified of the zero-tolerance policy regarding sexual abuse and sexual
harassment, and trained on their responsibilities regarding sexual abuse
prevention, detection, and response. The level and type of training
provided shall be based on the services they provide and level of contact
they have with inmates.
VI. INMATE EDUCATION
A. All inmates will be provided with a copy of the Inmate Orientation
Handbook during the intake process.
1. The handbook informs the inmates of the zero-tolerance policy
regarding sexual abuse and sexual harassment and how to report
incidents or suspicions of sexual abuse or sexual harassment.
2. Appropriate provisions shall be made to ensure effective education for
inmates who are not fluent in English, are deaf, visually impaired, or
C-9
Exhibit C
otherwise disabled, as well as to inmates who have limited reading
skills. The Booking Officer should notify the ADA Coordinator or the
Booking Sergeant if alternative arrangements need to be made.
C. An educational video will be provided to the inmates on a weekly basis in
both English and Spanish.
D. Key information is continuously and readily available and visible to
inmates. In addition to the Inmate Orientation Handbook and the weekly
video showings, posters are displayed in appropriate locations throughout
the facilities, to include all housing units and common areas (i.e., medical
rooms, gymnasiums, program classrooms and court holding). The
posters are designed to inform inmates:
1. That all inmates have a right to be safe and free from sexual
harassment and sexual assaults.
2. The telephone numbers and current methods available for reporting
sexual abuse, retaliation, or sexual harassment.
VII. SCREENING FOR APPROPRIATE PLACEMENT
A. All inmates shall be assessed during the initial classification process for
their risk of being sexually abused by other inmates or sexually abusive
toward other inmates.
B. The intake screening shall consider, but is not limited to, the following
criteria to assess inmates for risk of sexual victimization:
1. Age
2. Physical stature
3. Mental, physical, or developmental disability
4. First time offender status
5. Sex offender status (per criminal history and previous incarcerations)
6. Past history of victimization
7. Inmate's own perception of vulnerability
8. Perception of inmate to be lesbian, gay, bisexual, transgender,
intersex, or gender nonconforming
C-10
Exhibit C
C. An inmate may be identified for vulnerability if one or more of these
factors apply with sufficient documentation by the Population
Management Officer to warrant concern. The information shall be used
to determine housing and program assignments with the goal of keeping
separate those inmates at high risk of being sexually victimized from
those at high risk of being sexually abusive.
D. Inmates at high risk for sexual victimization shall not be placed in
involuntary segregated housing unless an assessment of all available
alternatives determines that there is no available alternative means of
separation from likely abusers. If unable to conduct such an assessment
immediately, the inmate may be placed in involuntary segregated housing
for less than twenty-four (24) hours while completing the assessment.
1. Inmates placed in segregated housing for this purpose shall have
access to programs, privileges, education, and work opportunities to
the extent possible. If restricted from access to programs, privileges,
education, or work opportunities, the following shall be documented
by the Offender Programs Manager:
a. The opportunities that have been limited.
b. The duration of the limitation.
c. The reasons for such limitation.
2. The inmate may be assigned to involuntary segregated housing only
until an alternative means of separation from likely abusers can be
arranged. Such an assignment shall not ordinarily exceed a period of
thirty (30) days, and documentation shall include:
a. The basis for the concern for the inmate's safety.
b. The reason why no alternative means of separation can be
arranged.
3. Every thirty (30) days, Population Management shall afford each
involuntarily segregated inmate a review to determine whetherthere is
a continuing need for separation from the general population.
C-11
Exhibit C
E. Inmates are evaluated to specifically determine if there are indications
that he/she is a sexually abusive inmate, prone to victimize other inmates,
especially in regard to sexual behavior. Indications include the following:
1. History of sexually abusive crimes and prior convictions for violent
offenses (per previous arrests and criminal history).
2. History of prior institutional violence or sexually abusive behavior(per
previous incarcerations).
F. In deciding inmate housing and programming assignments for
transgender or intersex inmates, the Population Management Unit shall
consider on a case-by-case basis whether a placement would ensure the
inmate's health and safety, and whether the placement would present
management or security problems.
G. Inmates may not be disciplined for refusing to answer, or for not
disclosing complete information in response to questions asked
concerning victimization and vulnerability.
Vill. PRIOR SEXUAL ABUSE DISCLOSED DURING INTAKE SCREENING
A. If an inmate discloses prior sexual victimization, whether it occurred in an
institutional setting or in the community, the Population Management
Officer shall ensure that the inmate is offered a follow-up meeting with a
medical or mental health practitioner. This is true regardless of whether
the victimization has been previously reported upon a prior admission.
B. The Population Management Officer shall be responsible to document
the information in an incident report and to:
1. Document the inmate's acceptance or rejection to the offer of the
follow-up meeting on the Inmate Classification Questionnaire form.
2. Notify Health Services if the inmate wishes to have a follow-up
meeting. Document how and/or to whom the notification was made
on the Inmate Classification Questionnaire form.
3. Forward a copy of the pertinent section of the form that indicates prior
sexual victimization to the PREA Compliance Manager(regardless of
whether or not the inmate wishes to have a follow-up meeting). The
form may be scanned and emailed, or sealed in an envelope and
forwarded.
C-12
Exhibit C
4. A corresponding email shall be sent to the PREA Compliance
Manager and a "courtesy copy" (CC) to the supervising Population
Management Sergeant. "PREA" shall be referenced on the Subject
line and the email should contain any additional information, as was
disclosed. In cases involving other facilities, additional notifications
must be made. (See VIII(D), as follows.)
C. If the prior sexual victimization occurred in a Fresno County Sheriff's
Office facility, the PREA Compliance Manager will be responsible to
determine if enough information is available to involve the Persons Crime
Unit in a criminal investigation.
D. If the prior sexual victimization occurred while confined at another
facility, the other agency must be notified as soon as possible, but no
later than seventy-two (72) hours after receiving the allegation. To
ensure timely compliance, copies of the Inmate Classification
Questionnaire and corresponding email shall also be forwarded to the
Services Lieutenant and on-duty Watch Commander, in addition to the
PREA Compliance Manager. The email should be flagged as "High
Importance."
1. The PREA Compliance Manager will be responsible to make the
notification.
2. If the PREA Compliance Manager is not available to make the
notification, the PREA Coordinator shall do so. If neither are
available, the Watch Commander shall ensure that the notification is
made. The date, time, telephone number and name of the person
notified shall be memorialized in an email and forwarded to the PREA
Compliance Manager. (Refer also to XII(D).)
E. If the prior sexual victimization occurred while in the community (i.e.,
NOT in an institutional setting) and the offense is contemporaneous
and/or the inmate requests to press charges, the supervising Population
Management Sergeant shall notify the appropriate law enforcement
agency.
F. For those inmates who so desire, the follow-up meeting with a medical or
mental health practitioner shall be provided within fourteen (14) days of
the intake screening.
C-13
Exhibit C
IX. REASSESSMENT
A. Within a set time period, not to exceed thirty (30) days, Population
Management shall reassess each inmate's risk of victimization or
abusiveness based upon any additional, relevant information received
since the intake screening.
B. An inmate's risk level shall be reassessed when warranted due to a
referral, request, or incident of sexual abuse, or receipt of additional
information that bears on the inmate's risk of sexual victimization or
abusiveness. The Population Management Unit shall be immediately
notified in the following circumstances:
1. If an employee has significant concern that an inmate may be subject
to sexual victimization.
2. If an inmate displays predatory behavior.
C. Transgender and intersex inmates shall be reassessed at least twice
each year to review any threats to safety experienced by the inmate.
X. DETECTION OF SEXUAL ASSAULT
A. All employees have a responsibility to protect the inmates in their
custody. Staff shall immediately report any knowledge, suspicion, or
information regarding sexual abuse, sexual misconduct, sexual
solicitation, sexual harassment, retaliation by inmate or staff for reporting,
or staff neglect or violation of responsibility that may have contributed to
such incidents occurring while incarcerated. Staff shall, except as noted
elsewhere in this policy, promptly report the information to their
immediate supervisor and document the report. The supervisor shall
notify the Watch Commander, who will notify the designated PREA
Compliance Manager. In addition to this reporting, employees have a
responsibility to assist the inmate and refer him/her to Health Services for
evaluation. (Unless the need is immediate, this will most commonly be
accomplished by the PREA Compliance Manager.)
B. An inmate may report sexual abuse that occurs under the jurisdiction of
the Sheriff's Office to any employee, volunteer, or contractor. If the
person who receives the report is a non-custody employee, he/she shall
promptly notify their supervisor and report the information to the Watch
C-14
Exhibit C
Commander. If immediate action is required, any correctional staff
member may be notified.
C. Employees are reminded that victims of sexual abuse may be seriously
traumatized both physically and/or mentally. Employees are expected to
be sensitive to the inmate during their interactions with him/her.
XI. SEXUAL ACTIVITY BETWEEN INMATES AND EMPLOYEES
A. There is no consensual sex in a custodial/supervisory relationship. Any
sexual activity between employees and inmates is inconsistent with the
professional ethical principles and policies of the Sheriff's Office. All such
allegations will be investigated.
B. Acts of sexual abuse, sexual misconduct, sexual solicitation, or sexual
harassment against inmates, retaliation against inmates who refuse to
submit to sexual activity, or intimidation of a witness, may be a crime.
Retaliation against individuals because of their involvement in the
reporting or investigation of sexual abuse, sexual misconduct or sexual
harassment is prohibited.
C. All cases involving sexual abuse, sexual misconduct, sexual solicitation,
or sexual harassment will be referred to the appropriate investigating unit,
and if appropriate, such cases will be referred to the District Attorney for
prosecution. The involved Lieutenant shall be responsible to notify the
PREA Compliance Manager upon completion of the investigation (if not
previously aware), for tracking purposes.
D. All incidents of sexual abuse, sexual misconduct, sexual solicitation,
sexual harassment, and retaliatory acts against individuals for reporting
incidents will result in corrective and/or disciplinary action, up to and
including termination. Termination shall be the presumptive disciplinary
sanction for staff who have engaged in sexual abuse.
1. All terminations for violations of sexual abuse or sexual harassment
policies, or resignations by staff who would have been terminated if
not for their resignation, shall be reported to law enforcement
agencies (unless the activity was clearly not criminal) and to any
relevant licensing bodies.
2. Failure of employees to report incidents will result in corrective and/or
disciplinary action.
C-15
Exhibit C
XII. REPORTING
A. Inmates may privately report sexual abuse, sexual misconduct, sexual
solicitation, and sexual harassment; retaliation by other inmates or staff
for reporting sexual abuse and sexual harassment; and staff neglect or
violation of responsibilities that may have contributed to an incident of
sexual abuse to any employee, volunteer or contractor. Inmates are
encouraged to report when either they are the victim, or they have
knowledge or suspicion of an act having occurred or occurring in a
correctional institution, or any staff neglect or violation of responsibilities
that may have contributed to such an incident.
1. Such allegations shall be treated with discretion and, to the extent
permitted by law, confidentially. Staff shall, except as noted
elsewhere in this policy, promptly report the information to their
immediate supervisor and document the report. The supervisor shall
notify the Watch Commander and the PREA Compliance Manager.
2. Apart from reporting to their immediate supervisor, or discussing with
the PREA Coordinator or PREA Compliance Manager, employees
shall not reveal any information related to a sexual abuse report to
anyone other than to the extent necessary, as specified in this policy,
to make treatment, investigation, and other security and management
decisions.
3. Due to the sensitivity involved when an allegation involves another
employee, the receiving employee should report the violation directly
to their Watch Commander. Employees not comfortable with
reporting violations of this policy to their Watch Commander may
bypass the chain of command and report the allegation to any
supervisor. The chain of command does NOT need to be followed
and an incident report will not be written via OffenderTrak. The
employee shall document the incident as instructed by the Watch
Commander.
B. Additionally, inmates may report abuse, retaliation, or harassment by
writing to the Sheriff's Office Internal Affairs Unit, or by contacting the
local Rape Crisis Center at (559) 222-7273. The inmate may remain
anonymous upon request. Even though an anonymous report may not
allow for a full investigation into the incident, providing information about
an incident without the identity of the victim will still alert staff to potential
concerns and may help reveal unsafe areas within the facility.
C-16
Exhibit C
C. Employees shall accept reports made verbally, in writing, anonymously,
and from third parties and shall promptly document all reports.
1. If the PREA Compliance Manager is available, the reporting person
should be referred or transferred to speak directly to the PREA
Compliance Manager.
2. If the PREA Compliance Manager is not available, the employee
contacted shall document the information in an email and forward to
the PREA Compliance Manager (or notify the Watch Commander, if
immediate response is indicated).
D. Upon receiving an allegation that an inmate was sexually abused while
confined at another facility, the PREA Compliance Manager shall email
and notify the head of the agency (or appropriate office of the agency)
where the alleged abuse occurred.
1. Such notification shall be provided as soon as possible, but no later
than seventy-two (72) hours after receiving the allegation.
2. The PREA Compliance Manager shall ensure that documentation is
made indicating that such notification was provided.
3. Any facility receiving such notification shall ensure that the allegation
is investigated.
E. Inmate interpreters, inmate readers, or other types of inmate assistants
should not be used except in limited circumstances where an extended
delay in obtaining an effective interpreter could compromise the inmate's
safety, the performance of first-response duties, or the investigation of
the inmate's allegations.
XIII. CREDIBILITY
A. The credibility of an alleged victim, suspect, or witness shall be assessed
on an individual basis and shall not be determined by the person's status
as inmate or staff. The Sheriff's Office will not require an inmate who
alleges sexual abuse to submit to a polygraph examination or other truth-
telling device as a condition for proceeding with the investigation of such
an allegation.
B. If it is determined that an inmate's allegations are false, the inmate may
be subject to disciplinary action. A charge of "making a false report of a
C-17
Exhibit C
crime" is appropriate if evidence discovered during the investigation
would support that charge.
XIV. INITIAL (IMMEDIATE) RESPONSE
A. Upon learning of an allegation that an inmate was sexually abused, the
employee shall immediately notify the Facility Sergeant and:
1. Separate the alleged victim and abuser.
2. Preserve and protect any crime scene until appropriate steps can be
taken to collect any evidence.
3. Immediately notify the on-duty Charge Nurse. Inmate victims of
sexual abuse shall receive timely, unimpeded access to emergency
medical treatment and crisis intervention services.
B. If the abuse occurred within a time period that still allows for the collection
of physical evidence (and where appropriate, given the incident alleged),
the employee shall request that the victim not take any actions that could
destroy physical evidence, including:
1. Showering or washing
2. Brushing teeth
3. Changing or removing clothes
4. Using the restroom facilities
5. Drinking or eating
C. Obtain only the necessary information (e.g., victim's identity, location and
time of the incident, name and/or description of alleged offender(s) and
any possible witnesses) but do not interview the victim further. Do not
ask detailed questions or pressure the victim for responses or information
about the incident.
D. Do not attempt to interrogate the alleged suspect, unless circumstances
make it unavoidable. If the abuse occurred within a time period that still
allows for the collection of physical evidence, ensure that the alleged
abuser does not take any actions that could destroy physical evidence,
including, as appropriate, washing, brushing teeth, changing clothes,
urinating, defecating, drinking, or eating.
C-18
Exhibit C
E. If the person notified is a volunteer or contractor, the volunteer or
contractor shall be required to request the victim not take any actions that
could destroy physical evidence, and then notify correctional staff.
F. The provision of safe housing options, medical care, and the like shall not
be contingent upon the victim's willingness to press charges.
XV. DOCUMENTATION
A. A report shall be written that documents the incident, using only
necessary, basic information. Reference should be made to the criminal
report, which should contain the incident-specific information. Apart from
reporting to designated supervisors, the PREA Compliance Manager, the
PREA Coordinator, or investigators, incident-specific information shall be
treated as confidential, and disclosure made only to staff who have a
"need to know" in order to make treatment, investigation, and other
security and management decisions.
B. The Facility Sergeant shall ensure that the victim of a sex offense
(pursuant to GC 6254(f)(2)) is informed that his/her name will become a
matter of public record unless he/she requests that it not become a
matter of public record, pursuant to PC 293(a).
1. The advisement and the victim's response shall be memorialized in
the incident report.
2. If the victim has requested confidentiality, ***CONFIDENTIAL***shall
be typed on the first line in the body of the report. The inmate's name
will still be used, but cannot be released except to specified persons
as authorized by law. Any written report concerning the offense must
indicate that the victim requested confidentiality of his/her name
pursuant to PC 293(a).
C. The Watch Commander shall ensure that a copy of the report is
forwarded to the PREA Compliance Manager.
XVI. COORDINATED RESPONSE
A. The discovering employee shall (except as noted elsewhere in this policy)
promptly report the information to their immediate supervisor and
document the report. The supervisor shall be responsible to notify the
Watch Commander.
C-19
Exhibit C
B. The Watch Commander shall ensure that:
1. A deputy is dispatched to the Jail.
2. The PREA Coordinator is notified in all cases, and copies of
associated reports are forwarded.
3. The Bureau Commander is notified. If the victim alleges he/she was
involved with or assaulted by staff, the Bureau Commander shall
notify the Internal Affairs Lieutenant.
C. The responding deputy (or the PREA Compliance Manager or PREA
Coordinator) shall refer all in-custody sexual assaults to the Persons
Crimes Unit for investigation.
D. The investigators shall be responsible to:
1. Gather and preserve evidence, including any available physical and
biological evidence and any available electronic monitoring data.
2. Interview alleged victims, suspects, and witnesses.
3. Review prior complaints and reports of sexual abuse involving the
suspect.
4. Assess the credibility of the alleged victim, suspect, or witness on an
individual basis and not by the person's status as inmate or staff.
5. Document in written reports a description of physical, testimonial,
documentary and other evidence.
6. Refer substantiated allegations of conduct that appears to be criminal
to the District Attorney for possible prosecution.
E. Health Services staff shall assess the inmate's acute medical needs.
1. If any life-threatening injuries exist, response may include the need to
request emergency transportation (i.e., ambulance). When the call is
made to request an ambulance, the dispatcher should be informed
that the injured inmate is the victim of sexual assault.
2. Health Services staff shall be cognizant to maintain intact any physical
evidence which may be found on the victim's person or clothing.
F. The inmate will be transported to the hospital and offered a forensic
examination.
C-20
Exhibit C
G. The inmate shall be assigned a custody escort who will remain with the
victim for the entire process, whenever possible.
1. Gender preference should be considered when assigning a custody
escort to the victim. The custody escort will ensure effective
communication (i.e., complexity of the issues, language barriers, and
literacy).
2. The escort shall not be present in the examination room during the
sexual assault examination, unless requested by the victim or hospital
staff, or ordered by the Watch Commander.
H. At the time the victim is sent to the hospital, the Watch Commander or
designee shall contact the Rape Crisis Center to request a Victim Sexual
Assault Advocate be dispatched to the hospital. The Victim Advocate will
provide emotional support, crisis intervention, information, and referrals.
Depending on the crime, the inmate may also have a right to a Victim
Support person (refer to Section XVII).
I. The examination will be performed by a Sexual Assault Forensic Examiner
(SAFE) or Sexual Assault Nurse Examiner (SANE).
1. If SAFE's or SANE's cannot be made available, the examination can
be performed by other qualified medical practitioners. In such
circumstances, the effort to provide a SAFE or SANE shall be
documented.
2. Treatment services shall be provided to the victim without financial
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident.
3. The hospital will provide emergency contraception when medically
appropriate.
J. Upon return to the Jail, all victims of a sexual assault shall be referred to
Health Services for an urgent suicide risk assessment. Health Services
staff shall evaluate the victim within one (1) hour of referral. Until that
time, the inmate shall be placed under constant and direct supervision to
ensure he/she does not attempt to hurt him/herself or someone else.
1. Health Services staff shall be responsible to monitor victims for
suicidal impulses, post-traumatic stress disorder, depression, and
other mental health consequences.
C-21
Exhibit C
2. The victim shall be offered crisis intervention counseling, appropriate
to the individual needs of the victim.
3. The victim's information will be referred to the suicide prevention
multi-disciplinary meeting to ensure follow-up care/housing
considerations were made.
K. Follow-up testing for pregnancy, sexually transmitted infections/diseases
and HIV will be offered as clinically indicated and will be the responsibility
of the hospital. If pregnancy results, victims shall receive timely and
comprehensive information about, and timely access to, all lawful
pregnancy-related medical services.
L. Evaluation and treatment of victims shall include, as appropriate, follow-up
services, treatment plans, and, when necessary, referrals for continued
care following their transfer to, or placement in, other facilities, or their
release from custody.
XVII. VICTIM ADVOCATE AND SUPPORT PERSON
A. Victims of the crimes listed below have the right to a Victim Advocate and
Victim Support person for both the medical examination and the
investigatory interview:
1. PC 261 (rape)
2. PC 286 (sodomy)
3. PC 288a (oral copulation)
4. PC 289 (forcible acts of sexual penetration)
B. In incidents where an inmate has alleged sexual assault, the Watch
Commander/designee or detective shall immediately notify the local Rape
Crisis Center whenever a victim of a sexual assault is transported to a
hospital for any forensic examination.
C. The victim has a right to have a Victim Advocate present and a Victim
Support person of the victim's choosing at the examination. In most
cases, the Victim Advocate will be from the Rape Crisis Center.
D. The Victim Support person may be excluded from the examination if the
Watch Commander/designee, detective, or medical provider determines
that the presence of the Victim Support person would be detrimental to
C-22
Exhibit C
the purpose of the examination or poses a threat to the safety and
security of the facility or the hospital. If a Victim Support person is
excluded, the Watch Commander/designee, or detective shall document
the reason (e.g., if time for the support person to attend would result in a
significant delay and/or the person requested would present a risk to the
safety/security of the facility/hospital).
E. Victims of the crimes listed in Section XVII(A) have the right to have a
Victim Advocate and Victim Support person of their choosing present at
any interview by law enforcement, the district attorney, or defense
attorneys. The victim must be notified verbally or in writing of this right by
the attending investigator or the district attorney prior to the interview.
1. If the investigator or district attorney determines that the presence of
the Victim Support person would be detrimental to the interview, the
Victim Support person may be excluded from the interview.
2. Reasons for exclusion of the Victim Support person are the same as
identified in the medical examination process (refer to XVII(D)).
3. An initial investigation by law enforcement to determine whether a
crime has been committed and the identity of the suspects shall not
constitute a law enforcement interview for purpose of this section.
XVIII. SUSPECT PROCESSING
A. Staff shall ensure that there is no physical, verbal, or visual contact
between the victim and suspect, whenever possible. Correctional staff
shall not interrogate the alleged suspect unless circumstances make it
unavoidable.
1. The investigating detectives will provide a Miranda warning and
interview the suspect to obtain his/her account of the incident.
2. The suspect will be transported to the designated medical location for
the forensic examination.
3. The suspect must consent to the forensic examination or the
deputy/detective will take steps necessary to obtain a search warrant.
4. Upon completion of the forensic medical examination, the suspect will
be transferred to an administrative segregation unit. The alleged
aggressor shall be held in segregation pending investigation until the
investigation is complete.
C-23
Exhibit C
B. The Persons Crimes Unit will be responsible for all phases of the criminal
investigation if the allegations are against an employee.
1. Immediate efforts shall be made to eliminate contact between the
victim and the staff member.
2. The Watch Commander shall determine if the employee should be
placed on administrative leave consistent with departmental policy
during the course of the investigation.
C. Substantiated allegations of conduct that appear to be criminal shall be
referred for prosecution.
D. The departure of the alleged abuser or victim from the employment or
control of the Sheriff's Office shall not provide a basis for terminating an
investigation.
XIX. DELAYED REPORTING OF SEXUAL ABUSE — MORE THAN 72 HOURS
A. If the alleged sexual assault is reported or discovered more than 72 hours
after the incident, the employee shall notify their supervisor, who shall
notify the Watch Commander. The Watch Commander shall notify the
PREA Compliance Manager.
B. The alleged crime scene shall be secured (if feasible) and the alleged
suspect (if identified) shall be placed into administrative segregation.
C. A medical opinion shall be obtained to determine whether the victim is to
be taken for a forensic examination. In addition, the victim should be
asked if he/she retained any evidence of the assault(e.g., soiled bedding,
clothing, etc.).
D. Hospital medical staff will be responsible to conduct an examination of
the victim and alleged suspect to determine the presence or absence of
physical trauma, and perform follow-up testing for sexually transmitted
diseases and pregnancy testing, as appropriate.
E. The victim shall be referred to Health Services for evaluation and
counseling.
XX. RETALIATION
A. Retaliation against any employee or inmate for reporting or cooperating
with a sexual abuse investigation is strictly prohibited.
C-24
Exhibit C
B. Retaliation is a form of employee misconduct. Any evidence of retaliation
shall be considered a separate violation of this policy.
C. The PREA Coordinator, with assistance from the PREA Compliance
Manager, shall ensure that the conduct and treatment of inmates or staff
who have reported sexual abuse or cooperated with investigations are
monitored for signs of retaliation for at least ninety (90) days following
their report or cooperation. Items that should be monitored include any
inmate disciplinary reports, housing or program changes, or negative
performance reviews or reassignments of staff.
1. All actions taken to remedy any such retaliation shall be documented
and forwarded to the affected Watch Commander. If necessary, the
Watch Commander shall act promptly to remedy any such retaliation.
2. Monitoring shall continue beyond ninety (90) days if the initial
monitoring indicates a continuing need.
3. The obligation to monitor shall terminate if the allegation is
determined to be unfounded.
D. If any other individual who cooperates with an investigation expresses a
fear of retaliation, appropriate measures shall be taken to protect that
individual against retaliation.
1. The individual should report their concern to a Watch Commander(or
higher authority).
2. The Watch Commander (or higher authority) shall act promptly to
protect the individual from any such retaliation.
XXI. REPORTING TO INMATES
A. Following an investigation into an inmate's allegation that they suffered
sexual abuse in a Sheriff's Office facility, the inmate shall be informed in
writing as to whether the allegation has been determined to be
sustained/substantiated, not sustained/unsubstantiated, or unfounded.
B. Following an inmate's allegation that a staff member has committed
sexual abuse against the inmate, the inmate shall be informed in writing
(unless the allegation is determined to be unfounded) whenever any of
the following occur:
C-25
Exhibit C
1. The staff member is no longer posted within the inmate's housing unit.
2. The staff member is no longer employed by the Sheriff's Office.
3. The staff member has been indicted on a charge related to sexual
abuse within the facility.
4. The staff member has been convicted on a charge related to sexual
abuse within the facility.
C. Following an inmate's allegation that they have been sexually abused by
another inmate, the inmate/victim shall be informed in writing whenever:
1. The alleged abuser has been indicted on a charge related to the
sexual abuse within the facility.
2. The abuser has been convicted on a charged related to sexual abuse
within the facility.
D. All such notifications or attempted notifications shall be documented.
E. The obligation to notify the inmate/victim shall terminate if the inmate is
released from the Sheriff's custody.
XXII. DISCIPLINARY SANCTIONS FOR INMATES
A. Inmates who are found guilty of committing sexual assault will be
punished to the highest degree in accordance with the Jail Division's
inmate discipline policy, up to and including criminal prosecution.
B. An inmate's mental disabilities or mental illness shall be considered when
determining what type of discipline, if any, should be imposed.
C. An inmate may be disciplined for sexual contact with staff only upon a
finding that the staff member did not consent to such contact.
D. For the purpose of disciplinary action, a report of sexual abuse made in
good faith based upon a reasonable belief that the alleged conduct
occurred shall not constitute falsely reporting an incident or lying, even if
an investigation does not establish evidence sufficient to substantiate the
allegation.
C-26
Exhibit C
E. All sexual activity between inmates is prohibited and any sexual activity
between inmates may result in discipline. However, any such activity that
is not determined to be coerced shall not be deemed to constitute sexual
abuse.
XXIII. DISCIPLINARY SANCTIONS FOR EMPLOYEES
A. Employees shall be subject to disciplinary sanctions up to and including
termination for violating this policy.
B. Termination shall be the presumptive disciplinary sanction for staff who
have engaged in sexual abuse.
C. Disciplinary sanctions for violations of policies relating to sexual abuse or
sexual harassment (other than actually engaging in sexual abuse) shall
be commensurate with the nature and circumstances of the acts
committed, the staff member's disciplinary history, and the sanctions
imposed for comparable offenses by other staff with similar histories.
D. Any incident of sexual harassment shall be considered in determining
whether to promote an employee. Any employee who has been civilly or
administratively adjudicated to have engaged or attempted to engage in
sexual misconduct shall not be promoted.
E. All terminations for violations of sexual abuse, sexual misconduct, or
sexual harassment policies, or resignations by staff who would have been
terminated if not for their resignation, shall be reported to law
enforcement agencies, unless the activity was clearly not criminal, and to
any relevant licensing bodies.
XXIV. DISCIPLINARY SANCTIONS FOR CONTRACTORS AND VOLUNTEERS
A. Any contractor or volunteer who engages in sexual abuse shall be
prohibited from contact with inmates and shall be reported to law
enforcement agencies, unless the activity was clearly not criminal, and to
relevant licensing bodies.
B. The Sheriff's Office shall take appropriate remedial measures, and shall
consider whether to prohibit further contact with inmates, in the case of
any other violation of sexual abuse or sexual harassment policies by a
contractor or volunteer.
C-27
Exhibit C
XXV. SEXUAL ABUSE INCIDENT REVIEWS
A. The Jail Command Staff (Captains and Lieutenants) shall conduct a
sexual abuse incident review at the conclusion of every sexual abuse
investigation, including when the allegation has not been sustained/
substantiated, unless the allegation has been determined to be
unfounded.
B. Such review shall ordinarily occur within thirty(30)days of the conclusion
of the investigation, and include input from line supervisors, investigators,
and medical or mental health practitioners.
C. The review shall:
1. Consider whether the allegation or investigation indicates a need to
change policy or practice to better prevent, detect or respond to
sexual abuse.
2. Consider whether the incident or allegation was motivated by race;
ethnicity; gender identity, lesbian, gay, bisexual, transgender, or
intersex identification, status, or perceived status; gang affiliation; or
was motivated or otherwise caused by other group dynamics at the
facility.
3. Examine the area in the facility where the incident allegedly occurred
to assess whether physical barriers in the area enabled the abuse.
4. Assess the adequacy of staffing levels in that area during different
shifts.
5. Assess whether monitoring technology should be deployed or
augmented to supplement supervision by staff.
6. Prepare a report of its findings and any recommendations for
improvement and submit such report to the Bureau Commander, the
PREA Coordinator, and the PREA Compliance Manager.
D. The recommendation(s) for improvement shall be implemented, or the
reason(s)for not doing so shall be documented by the PREA Compliance
Manager.
C-28
Exhibit C
XXVI. DATA COLLECTION AND AUDIT
A. The PREA Compliance Manager shall collect accurate, uniform data for
every allegation of sexual abuse at the Sheriff's Office facilities.
1. The data collected shall include, at a minimum, the data necessary to
answer all questions from the most recent version of the Survey of
Sexual Violence conducted by the Department of Justice (DOJ).
Upon request, the data for the previous calendar year shall be
provided to the DOJ no later than June 30.
2. The data collected shall be maintained for at least ten (10)years after
the date of the initial collection. Destruction after that time may only
be authorized by the Fresno County Board of Supervisors pursuant to
Government Code Section 26202.
B. An annual report shall be prepared by the PREA Compliance Manager,
and shall include a comparison of the current year's data and corrective
actions with those from prior years, and shall provide an assessment of
the progress made in addressing sexual abuse. The report shall be
made available on the Sheriff's website.
C. During each one-year period, at least one-third of all Sheriff Office
detention facilities shall be audited. The auditor's final report shall be
published on the Sheriff's website, or otherwise made readily available to
the public.
XXVII. GRIEVANCES — EXHAUSTION OF ADMINISTRATIVE REMEDIES
A. Inmates are not required to use any informal procedure or to otherwise
attempt to resolve with staff, an alleged incident of sexual abuse.
B. There is no time limitation on when an inmate may submit a grievance
regarding an allegation of sexual abuse.
1. The grievance shall be investigated and processed for review within
ninety (90) days of the initial filing of the grievance.
2. Computation of the 90-day time period shall not include time
consumed by inmates in preparing any administrative appeal.
C-29
Exhibit C
3. The response time may be extended up to seventy (70) days, if the
normal time period is insufficient to make an appropriate decision.
The inmate shall be notified in writing of any such extension and
provide a date by which a decision will be made.
4. At any level of the administrative process, if the inmate does not
receive a response within the time allotted for reply, including any
properly noticed extension, the inmate may consider the absence of a
response to be a denial at that level.
C. Third parties, including fellow inmates, staff members, family members,
attorneys, and outside advocates, shall be permitted to assist inmates in
filing requests for administrative remedies relating to allegations of sexual
abuse, and shall also be permitted to file such requests on behalf of
inmates.
1. If a third party files such a request on behalf of an inmate, the inmate
must agree to have the request filed on their behalf, and must
personally pursue any subsequent steps in the administrative remedy
process.
2. If the inmate declines to have the request processed on their behalf,
that decision shall be documented.
D. An inmate may file an emergency grievance when the inmate is subject
to a substantial risk of imminent sexual abuse
1. After receiving such an emergency grievance, the form shall be
forwarded to a level of review at which corrective action may be taken,
provide an initial response within forty-eight(48)hours, and a decision
made within five (5) calendar days.
2. The initial response and final decision shall document the
determination whether the inmate is in substantial risk of imminent
sexual abuse and the action taken in response to the emergency
grievance.
3. An inmate may be disciplined for submitting a grievance related to
alleged sexual abuse only when it can be demonstrated that the
inmate filed the grievance in bad faith.
C-30
Exhibit C
XXVIII. SEXUAL DISORDERLY CONDUCT
A. By choosing to work in a jail environment, corrections personnel have
acknowledged and accepted the probability that they will face
inappropriate and socially deviant behavior. While it is not possible to
stop all obscene comments and conduct by inmates, neither shall it be
accepted or condoned. Acts of indecent exposure, sexual disorderly
conduct and exhibitionist masturbation will not be tolerated. Any inmate
who engages in indecent exposure or sexual disorderly conduct shall be
reported and disciplined in an attempt to eliminate and reduce the
opportunity to repeat the behavior.
B. If counseling and progressive discipline fails to result in a modification of
the inmate's behavior, an additional charge of PC 314.1 (indecent
exposure) or PC 647 (disorderly conduct) shall be added after the
inmate's third violation.
C. Sexually hostile conduct shall not be ignored. Every incident shall be
documented by the observing employee. If the exposure or inappropriate
touching of one's genitals is considered to be unusual and bizarre
behavior, a referral for a mental health evaluation shall be included in the
rule violation report process.
D. If an inmate's continued behavior requires additional security precautions,
such steps shall be taken, which may include, but not be limited to the
following:
1. Transfer to an administrative housing unit (if the behavior occurs in a
group setting or inside the cell/bed area in a general population
housing unit).
2. Window coverings (to limit the inmate's ability to observe staff while
engaging in the behavior). If window coverings are used, hourly
security checks shall be conducted and documented.
3. Posted notification, alerting staff to the inmate's propensity to engage
in indecent exposure or sexual disorderly conduct.
4. Temporary restriction from the exercise yard or other settings which
may provide a venue for the behavior.
5. Substitution of activity setting to reduce the possibility of the behavior
impacting staff.
C-31
Exhibit C
XXIX. ADDENDUMS
Sexual Misconduct and Abuse Policy Outline (Addendum A)
Sexual Assault Victim Assistance Checklist (Addendum B)
Sexual Assault Response Flow Chart (Addendum C)
Sexual Assault Posters (Addendums D — English, Spanish, Hmong)
Policy Acknowledgement (Addendums E — Volunteer, Contractor,
Employee)
PREA Vulnerability Assessment form (Addendum F)
C-32
Exhibit D
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
DEFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-
0E-96, 09-01-99,
12-01-10
APPROVED BY: Sheriff M. Mims BY: Assistant Sheriff T. Gattie
AUTHORITY: California Code of Regulations, Title 15, Section 1029(a)(7)(B) and
Penal Code Section 236.
PURPOSE:
The purpose of this policy is to establish procedures which provide for the resolution of a
hostage-taking incident while preserving the safety of staff, public, inmates, and hostages,
and maintaining facility security.
POLICY:
The Fresno County Sheriff's Office Jail Division maintains a NO HOSTAGE FACILITY and
will not consider bargaining with hostage takers for ANY reason.
It is the policy of the Fresno County Sheriff's Office Jail Division that once any staff member
is taken hostage, they immediately lose their authority and any orders issued by that
person will not be followed regardless of their rank or status.
It is the policy of the Fresno County Sheriffs Office Jail Division that the primary
responsibility of all staff members in a hostage situation is to protect every person involved,
if possible, from serious injury or death.
PROCEDURES:
I. DEFINITION
HOSTAGE SITUATION: any staff member, citizen or inmate held against their will
by another person for the purpose of escape, monetary gain or any reason which
may place an individual in danger of losing life or suffering serious injury.
D-1
Exhibit D
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
II. NOTIFICATIONS, CONTAINMENT AND CONTROL OF THE SITUATION
A. Emergency procedures and notifications shall be implemented as per
Emergency Planning procedures (B-101/FILE: EMERGENCY).
B. The Watch Commander will notify the Patrol Watch Commander and
apprise them of the incident. The Patrol Watch Commander may be
requested to activate the Crisis Negotiations Team (CNT), outside support
agencies, equipment, personnel, and dispatch a detective to the scene for
the crime report.
III. DURING NEGOTIATIONS
A. While at the scene, the CNT members will conduct all verbal or written
communications between the hostage taker(s) and the Incident
Commander. CNT will immediately notify the Incident Commander of any
changes in the following situations:
1. Hostage status
2. Incident changes and developments
3. Hostage taker demands
4. Any and all pertinent information concerning the incident
B. Staff members at the scene not actively involved with negotiations will not
act or speak out to the hostage taker(s) or hostages.
C. The Tactical Commander will formulate a plan to take the necessary actions,
using the appropriate force, to terminate the hostage situation in the event
negotiations fail. Hostage safety will be of paramount concern.
IV. HOSTAGE SURVIVAL STRATEGIES
A. If taken hostage, it is important to make the transition from being a victim to
being a survivor. The following are not strict rules that must be rigidly
followed, but rather general guidelines. There will always be exceptions.
D-2
Exhibit D
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
1. Regain/maintain composure. Try to be calm,focused and clear-headed
at all times. Do not stand out from other hostages. Drawing
unnecessary attention increases the chance of being singled out and
victimized.
2. Maintain a low-key, unprovocative posture. Overt resistance is usually
counterproductive in a hostage situation.
a. Remain calm and follow instructions. Comply with the hostage
takers when at all possible.
b. Be stoic. Maintain an outward face of acceptance of adversity with
dignity. Avoid open displays of cowardice and fear. Inmates will
view frailty and feebleness as weakness, which may lead to
victimization.
c. Do not antagonize, threaten or aggravate the hostage takers. Avoid
saying "no", or arguing with the hostage takers. Do not act
authoritative. The hostage takers must make it known that they are
in charge.
d. Eye contact may be regarded as a challenge; make eye contact with
the hostage takers sparingly.
e. Fight off basic instincts, such as anger and hostility. Be polite and
remain alert. Speak normally and don't complain.
3. Hostages should try to establish a level of rapport or communication
with their captors in attempt to get the captors to recognize them as
human beings.
a. Find a mutual ground, an association with the hostage takers.
Foster communication on non-threatening topics (e.g., family,
hobbies, sports, interests).
b. Use the captors' first names, if known. However, if hostage takers
are attempting to conceal their identity, do not give any indication
that they are recognized.
c. Listen actively to the captors' feelings and concerns, but never
praise, participate in, or debate their "cause". If they want to talk
about their cause, act interested in their viewpoints. Avoid being
overly solicitous, which may be viewed as patronizing or insincere.
D-3
Exhibit D
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
d. Do not befriend the inmates; such an attempt will likely result in
exploitation.
e. Try asking for items that will increase personal comfort. Make
requests in a reasonable, low-key manner.
4. Be prepared to be isolated and disoriented.
a. Do not talk to other hostages. The hostage takers may think a plot
is being formed.
b. Develop mind games to stimulate thinking and maintain mental
alertness.
5. Be tolerant of fellow hostages. Just as each person has different
reactions to stress, each individual will have different methods of coping
as a hostage. Some methods are not effective and may endanger the
group, or be annoying to other hostages (e.g., constant talking). Try to
help these people cope in other ways.
6. Gather intelligence. Hostages should take in and store as much detail,
about their captors as possible without drawing attention to their efforts.
Make mental notes and attempt to gather the following information:
identification of the ring leader, the number of hostage takers, the type
of weapons they are using, their tactics, location within the area, etc.
7. Maintain hope. Depending on the circumstances, resolution of hostage
situations can be a lengthy process.
B. Stay away from doors and windows through which rescue teams may enter
or shoot. If a rescue is attempted, drop to the floor and keep hands in view.
C. If there is a chance to escape, the hostage should be certain of their
success.
1. Balance the likely payoff of any behavior with the possible
consequences. Hostage takers may use violence or death to teach a
lesson.
2. Realize that Central Control will not open any doors for anyone.
D. Hostages should be aware of the"Stockholm Syndrome",whereby hostages
D-4
Exhibit D
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
begin to show sympathy toward their captors. Hostages who develop
Stockholm Syndrome often view the captor as giving life by simply not taking
it. Such hostages often misinterpret a lack of abuse as kindness and may
develop feelings of appreciation for the perceived benevolence.
D-5
Exhibit E
Compensation
The Contractor shall be compensated for services provided under this Exhibit E.The Contractor is not entitled to
any compensation except as expressly provided in this Exhibit E. Contractor shall submit monthly invoices for all
counseling services provided not to exceed the budgeted total of$154,000 annually.
Salaries&Benefits:Cost will be reimbursed based on the actual number of hours services were provided during
the billing period.Services&Supplies:Costs can be reimbursed up to the maximum amount specified in the
budgeted line item with proper documentation. Fixed Assets:Costs can be reimbursed up to the maximum
amount specified in the budgeted line item with proper documentation.Overhead Administrative Costs:Costs
will be reimbursed up to 15%of actual expenditures up to the budgeted line item.
*Trainings, Travel,and Incentives require pre-approval and/or additional documentation by the Deputy
Probation Officer(DPO)and Assistant Deputy Chief(ADC)to be reimbursed at actual costs up to the budgeted
line item.
1.Staff Idle&Hourly Rate: Year 1 Year 2 Year 3 Year 4 Year 5
Counselor $ 36.00 $ 38.00 $ 40.00 $ 40.00 $ 40.00
2. Anticipated Annual Service Hours: Year 1 Year 2 Year 3 Year 4 Year 5
Counselor(2 part-time counselor at 32-40 hours per week) 2080 2090 2080 2080 2080
3. Direct Services Salaries&Benefits: Year i Year 2 Year 3 Year 4 Year 5
Salary $ 74,880.00 $ 79,040.00 $ 83,200.00 $83,200 $83,200
Benefits $ 14,976.00 $ 15,908.00 $ 16,640.00 $ 16,640.00 $ 16,640.00
Total Salaries&Benefits: $ 89,856.00 $ 94,848.00 $ 99,840.00 $ 99,840.00 $ 99,840.00
4.Services&Supplies:
"Training $5,000 $5,000 $4,000 $4,000 $4,000
Technology software $500 $500 $500 $500 $500
Educational materials $5,000 $4,000 $3,000 $3,0D0 $3,000
Communication $1,600 $1,600 $1,600 $1,600 $1,600
"Travel Expenses $2,000 $2,000 $2,0D0 $2,000 $2,0D0
Office Supplies $2,144 $2,152 $1,160 $1,160 $1,160
Medi-Cal Insurance Consult Fee $1,800 $1,800 $1,800 $1,800 $1,800
"Incentives 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000
Total services&supplies: $21,044 $20,052 $17,060 $17,060 $17,060
5.Fixed Assets:
Laptops $5,000 $1,000 $2,000 $2,000 $1,000
Office space $8,000 $8,000 $8,000 $8,000 $8,000
Phones $0 $3,000 $0 $0 $1,000
Data hacking softwre $4,000 $4,000 $4,000 $4,000 $4,OD0
Total Fixed Assets: $ 20,000.00 $16,000 $14,0D0 $14,000 $14,000
"Overhead Administrative Costs(Based on 15%of actual
expenditures up to budgeted amount) $ 23,100.00 $ 23,100.00 $ 23,100.00 $ 23,100.00 $ 23,100.00
Total: $ 154,000.00 $ 154,000.00 $ 154,000.00 $ 154,000.00 $ 154,000.00
E-1
Exhibit F
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.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Dollars ($3,000,000). If this is a claims-made policy, then (1)the retroactive date must
be prior to the date on which services began under this Agreement; (2)the Contractor
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Contractor shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
(F) Molestation Liability. Sexual abuse/ molestation liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
(G)Technology Professional Liability (Errors and Omissions). Technology professional
liability (errors and omissions) insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence and in the aggregate. Coverage must encompass all of the
Contractor's obligations under this Agreement, including but not limited to claims
involving Cyber Risks.
F-1
Exhibit F
(H) Cyber Liability. Cyber liability insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence. Coverage must include claims involving Cyber Risks. The
cyber liability policy must be endorsed to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited to
information or data) that is in the care, custody, or control of the Contractor.
Definition of Cyber Risks. "Cyber Risks" include but are not limited to (i) Security
Breach, which may include Disclosure of Personal Information to an Unauthorized Third
Party; (ii) data breach; (iii) breach of any of the Contractor's obligations under [identify
the Article, section, or exhibit containing data security obligations] of this Agreement; (iv)
system failure; (v) data recovery; (vi) failure to timely disclose data breach or Security
Breach; (vii)failure to comply with privacy policy; (viii) payment card liabilities and costs;
(ix) infringement of intellectual property, including but not limited to infringement of
copyright, trademark, and trade dress; (x) invasion of privacy, including release of
private information; (xi) information theft; (xii) damage to or destruction or alteration of
electronic information; (xiii) cyber extortion; (xiv) extortion related to the Contractor's
obligations under this Agreement regarding electronic information, including Personal
Information; (xv) fraudulent instruction; (xvi)funds transfer fraud; (xvii) telephone fraud;
(xviii) network security; (xix) data breach response costs, including Security Breach
response costs; (xx) regulatory fines and penalties related to the Contractor's obligations
under this Agreement regarding electronic information, including Personal Information;
and (xxi) credit monitoring expenses.
If the Contractor is a governmental entity, it may satisfy the policy requirements above through a
program of self-insurance, including an insurance pooling arrangement or joint exercise of
powers agreement.
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
F-2
Exhibit F
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
(v) The cyber liability insurance certificate must also state that it is endorsed, and
include an endorsement, to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited
to information or data) that is in the care, custody, or control of the Contractor.
(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-3
Exhibit F
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
F-4
Exhibit G
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).
G-1
Exhibit G
(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:
(H)
G-2