HomeMy WebLinkAboutAgreement A-25-071 with TKE.pdf Agreement No. 25-071
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated February 25, 2025 and is between
3 TK Elevator Corporation, a Delaware corporation ("Contractor"), and the County of Fresno, a
4 political subdivision of the State of California ("County").
5 Recitals
6 A. The County owns a variety of multi-story buildings with elevators that require regular
7 servicing, maintenance, and other repairs.
8 B. On October 29, 2024, the County released Request for Quotation ("RFQ") No. 25-023
9 requesting the successful bidder provide quotes for elevator maintenance and repair services in
10 County owned and operated buildings, including routine and non-routine emergency testing,
11 maintenance, and repair services.
12 C. On November 13, 2024, the County released an Addendum No. 1 to the RFQ adding
13 additional equipment. The County received two quotes by the closing date of November 26,
14 2024. The Contractor provided the lowest bid for the requested services.
15 D. The County desires to engage the Contractor to provide elevator testing, maintenance
16 and repair services, pursuant to the terms of this Agreement.
17 The parties therefore agree as follows:
18 Article 1
19 Contractor's Services
20 1.1 Scope of Services. The Contractor shall perform all of the services provided in
21 Exhibit A to this Agreement, titled "Scope of Services."
22 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
23 able to perform all of the services provided in this Agreement.
24 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
25 applicable federal, state, and local laws and regulations in the performance of its obligations
26 under this Agreement, including but not limited to workers compensation, labor, and
27 confidentiality laws and regulations.
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1 1.4 Confidentiality of Inmates/Wards/Patients/Clients Identity. Some the work to be
2 performed under this Agreement may occur in secured facilities or facilities that require
3 confidentiality. The Contractor shall alert and inform its employees and agents that State law
4 requires that the identities of inmates/wards/patients/clients be kept confidential. Revealing the
5 identities of inmates/wards/patients/clients is punishable by law.
6 1.5 Security. Security is of great concern to the County. Failure to comply with the
7 security requirements listed below will be considered a breach of contract, and may result in
8 termination of this Agreement for default. The Contractor's personnel shall cooperate with all
9 County security personnel at all times, and shall be subject to and conform to County security
10 rules and regulations, including, but not limited to County security rules and procedures, as
11 detailed in Exhibits E through I. Any violations or disregard of these rules may be cause for
12 denial of access to County property. The background checks required, and policies listed below,
13 may change throughout the life of this Agreement. It is the Contractor's responsibility to request
14 updates from the County. All of the Contractor's employees, agents, and subcontractors must
15 read the policies listed below. Please see the following Exhibits:
16 • Exhibit E — Probation Juvenile Detention Facilities — No Hostage Policy
17 . Exhibit F— Probation Juvenile Detention Facilities—Vendors, Volunteers and
18 Student Interns
19 • Exhibit G — Fresno Sheriff— Coroner's Office (FSCO) Jail Detention Facilities — No
20 Hostage Policy
21 . Exhibit H —The Prison Rape Elimination Act
22 . Exhibit I — Background Investigations & Identification (ID) Badges
23 Security provisions will be strictly enforced. All parties who are required to perform their
24 individual services at the site shall be limited to the area required to complete the work. Such
25 access shall be obtained by notification to the Facility Services Manager, or his or her designee,
26 of the time and place, prior to commencing the work.
27 All keys used during work shall be numbered. Each key issued shall be recorded, and its
28 prompt return shall be strictly enforced. Duplication of any keys issued is strictly prohibited.
2
1 These keys shall be returned to the County's representative at the end of each working day,
2 when required.
3 Some of the work to be done under this Agreement may be in secured facilities such as
4 jails. Prior to commencement of work, the Contractor, including all subcontractor and
5 contractors, shall obtain security clearances for all employees that will be working or making
6 deliveries to the sites.
7 When work is performed in secured facilities, it is incumbent upon the Contractor to alert
8 all workmen of the necessity for extreme care in accounting for, and keeping all areas free of
9 any and all types of hand tools, power tools, small parts, scrap material, and all other materials
10 which might be concealed upon the person of an inmate/ward/patient, at all times when such
11 tools and materials are not used for the task at hand.
12 Each work area shall be kept clean and in order both during working hours and at the
13 completion of the working day.
14 Article 2
15 County's Responsibilities
16 2.1 County Representative. The County shall provide a County representative to
17 represent the County, who will work with the Contractor to carry out the Contractor's obligations
18 under this Agreement. The County representative will be the County's Facility Services
19 Manager, and/or their designees. The Contractor shall provide a contact person to the County
20 Representative upon execution of this Agreement
21 Article 3
22 Compensation, Invoices, and Payments
23 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
24 the performance of its services under this Agreement as described in Exhibit B to this
25 Agreement, titled "Compensation."
26 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
27 under this Agreement is $4,200,000 for the initial three-year term of this Agreement. In the event
28 this Agreement is extended for its first optional one-year extension ("Year 4"), the total
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1 compensation payable to the Contractor under this Agreement is $5,600,000. In the event this
2 Agreement is extended for its final one-year extension ("Year 5"), the total compensation
3 payable to the Contractor under this Agreement is $7,000,000. In the event the total maximum
4 compensation amount in the initial term, Year 4, and/or Year 5 is not fully expended, the
5 remaining unspent funding amounts shall roll over to each subsequent term's established
6 maximum compensation.
7 The Contractor acknowledges that the County is a local government entity, and does so with
8 notice that the County's powers are limited by the California Constitution and by State law, and
9 with notice that the Contractor may receive compensation under this Agreement only for
10 services performed according to the terms of this Agreement and while this Agreement is in
11 effect, and subject to the maximum amount payable under this section. The Contractor further
12 acknowledges that County employees have no authority to pay the Contractor except as
13 expressly provided in this Agreement.
14 3.3 Invoices. The Contractor shall submit monthly invoices referencing the provided
15 agreement number to the County of Fresno, Facility Services, Attention: Facility Services
16 Manager, 4590 E. Cesar Chavez Boulevard., Fresno, CA 93702,
17 ISDFacilitiesAP@fresnocountyca.gov. Each invoice shall reference this agreement number, the
18 FAMIS (the County's computerized maintenance management system) work order number, the
19 date of service, arrival and departure time, address of serviced building, specific area where
20 work was performed, description of services provided, number of service hours and hourly rates
21 for services provided, materials used and cost of materials, notice that warranty of any new
22 material installed was provided, the printed name of the County representative who authorized
23 the work, and the name of the vendor and vendor technician that provided the service. The
24 Contractor shall submit each invoice within 60 days after the month in which the Contractor
25 performs services and in any case within 60 days after the end of the term or termination of this
26 Agreement.
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1 3.4 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 3.5 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 4
7 Term of Agreement
8 4.1 Term. This Agreement is effective on upon execution ("Effective Date"), and
9 terminates three years from the Effective Date ("Initial Term"), except as provided in section 4.2,
10 "Extension," or Article 6, "Termination and Suspension," below.
11 4.2 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 Director of Internal Services/Chief Information Officer
14 or other authorized County staff member acting in the same capacity, or his or her designee, is
15 authorized to sign the written approval on behalf of the County based on the Contractor's
16 satisfactory performance. The extension of this Agreement by the County is not a waiver or
17 compromise of any default or breach of this Agreement by the Contractor existing at the time of
18 the extension whether or not known to the County.
19 Article 5
20 Notices
21 5.1 Contact Information. The persons and their addresses having authority to give and
22 receive notices provided for or permitted under this Agreement include the following:
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For the County:
24 Director of Internal Services/Chief Information Officer
County of Fresno
25 333 W. Pontiac Way
Clovis, CA 93612
26 isaconiracts6a�fresnocountyca.gov
27 For the Contractor:
General Manager
28 TK Elevator Corporation
3711 W. Swift Ave
5
1 Fresno, CA 93722
mayra.ruiz@tkelevator.com
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5.2 Change of Contact Information. Either party may change the information in section
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5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and the Contractor provided
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for or permitted under this Agreement must be in writing, state that it is a notice provided under
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this Agreement, and be delivered either by personal service, by first-class United States mail, by
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an overnight commercial courier service, or by Portable Document Format (PDF) document
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attached to an email.
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(A) A notice delivered by personal service is effective upon service to the recipient.
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(B) A notice delivered by first-class United States mail is effective three County
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business days after deposit in the United States mail, postage prepaid, addressed to the
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recipient.
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(C)A notice delivered by an overnight commercial courier service is effective one
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County business day after deposit with the overnight commercial courier service,
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delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
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the recipient.
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(D)A notice delivered by PDF document attached to an email is effective when
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transmission to the recipient is completed (but, if such transmission is completed outside
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of County business hours, then such delivery is deemed to be effective at the next
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beginning of a County business day), provided that the sender maintains a machine
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record of the completed transmission.
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5.4 Claims Presentation. For all claims arising from or related to this Agreement,
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nothing in this Agreement establishes, waives, or modifies any claims presentation
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requirements or procedures provided by law, including the Government Claims Act (Division 3.6
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of Title 1 of the Government Code, beginning with section 810).
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1 Article 6
2 Termination and Suspension
3 6.1 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 6.2 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 6.3 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 6.4 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 6.5 County's Rights upon Termination. Upon termination for breach under this Article
28 6, the County may demand repayment by the Contractor of any monies disbursed to the
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1 Contractor under this Agreement that were not expended in compliance with this Agreement
2 and must be agreed to in writing by both parties prior to becoming effective and shall be limited
3 to this Agreement. The Contractor shall promptly refund all such monies upon written notice.
4 Contractor shall not be liable for amounts in excess of the unpaid portion of the Contract Price in
5 the event of breach. This section survives the termination of this Agreement.
6 Article 7
7 Independent Contractor
8 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
9 agents, employees, and volunteers, is at all times acting and performing as an independent
10 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
11 venturer, partner, or associate of the County.
12 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
13 manner or method of the Contractor's performance under this Agreement, but the County may
14 verify that the Contractor is performing according to the terms of this Agreement.
15 7.3 Benefits. Because of its status as an independent contractor, the Contractor has no
16 right to employment rights or benefits available to County employees. The Contractor is solely
17 responsible for providing to its own employees all employee benefits required by law. The
18 Contractor shall save the County harmless from all matters relating to the payment of the
19 Contractor's employees, including compliance with Social Security withholding and all related
20 regulations.
21 7.4 Services to Others. The parties acknowledge that, during the term of this
22 Agreement, the Contractor may provide services to others unrelated to the County.
23 Article 8
24 Indemnity and Defense
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26 8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
27 County (including its officers, agents, employees, and volunteers) against all claims, demands,
28 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
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1 liabilities to the County, the Contractor, or any third party including property damage and bodily
2 injury claims, only to the extent that the liability results from or relates to the performance or
3 failure to perform by the Contractor (or any of its officers, agents, subcontractors, or employees)
4 under this Agreement. The Contractor's obligations to indemnify and hold harmless shall in no
5 way include for the negligence of a party indemnified hereunder. The County may conduct or
6 participate in its own defense without affecting the Contractor's obligation to indemnify and hold
7 harmless or defend the County.
8 8.2 Survival. This Article 8 survives the termination of this Agreement.
9 Article 9
10 Insurance
11 9.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
12 Agreement.
13 Article 10
14 Inspections, Audits, and Public Records
15 10.1 Inspection of Documents. The Contractor shall make available to the County, and
16 the County may request in writing at any time during business hours and as often as the County
17 deems necessary, all of the Contractor's records and data with respect to the matters covered
18 by this Agreement, excluding attorney-client privileged communications. The Contractor shall,
19 upon request by the County, permit the County to audit and inspect all of such records and data
20 to ensure the Contractor's compliance with the terms of this Agreement. All audits shall be on
21 an occurrence basis, and limited to work performed on a time and materials basis under this
22 Agreement.
23 10.2 State Audit Requirements. If the compensation to be paid by the County under this
24 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
25 California State Auditor, as provided in Government Code section 8546.7, for a period of three
26 years after final payment under this Agreement. This section survives the termination of this
27 Agreement.
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1 10.3 Public Records. The County is not limited in any manner with respect to its public
2 disclosure of this Agreement or any record or data that the Contractor may provide to the
3 County, unless such record or data is proprietary in nature or otherwise essential to Contractor's
4 business operations. The County's public disclosure of this Agreement or any record or data
5 that the Contractor may provide to the County may include but is not limited to the following:
6 (A) The County may voluntarily, or upon request by any member of the public or
7 governmental agency, disclose this Agreement to the public or such governmental
8 agency.
9 (B) The County may voluntarily, or upon request by any member of the public or
10 governmental agency, disclose to the public or such governmental agency any record or
11 data that the Contractor may provide to the County, unless such disclosure is prohibited
12 by court order.
13 (C)This Agreement, and any record or data that the Contractor may provide to the
14 County, is subject to public disclosure under the Ralph M. Brown Act (California
15 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
16 (D)This Agreement, and any record or data that the Contractor may provide to the
17 County, is subject to public disclosure as a public record under the California Public
18 Records Act (California Government Code, Title 1, Division 10, Chapter 3, beginning
19 with section 7920.200) ("CPRA").
20 (E) This Agreement, and any record or data that the Contractor may provide to the
21 County, is subject to public disclosure as information concerning the conduct of the
22 people's business of the State of California under California Constitution, Article 1,
23 section 3, subdivision (b).
24 (F) Any marking of confidentiality or restricted access upon or otherwise made with
25 respect to any record or data that the Contractor may provide to the County shall be
26 disregarded and have no effect on the County's right or duty to disclose to the public or
27 governmental agency any such record or data.
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1 10.4 Public Records Act Requests. If the County receives a written or oral request
2 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
3 and which the County has a right, under any provision of this Agreement or applicable law, to
4 possess or control, then the County may demand, in writing, that the Contractor deliver to the
5 County, for purposes of public disclosure, the requested records that may be in the possession
6 or control of the Contractor. Within five business days after the County's demand, the
7 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
8 possession or control, together with a written statement that the Contractor, after conducting a
9 diligent search, has produced all requested records that are in the Contractor's possession or
10 control, or (b) provide to the County a written statement that the Contractor, after conducting a
11 diligent search, does not possess or control any of the requested records. The Contractor shall
12 cooperate with the County with respect to any County demand for such records. If the
13 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
14 CPRA or other applicable law, it must deliver the record or data to the County and assert the
15 exemption by citation to specific legal authority within the written statement that it provides to
16 the County under this section. The Contractor's assertion of any exemption from disclosure is
17 not binding on the County, but the County will give at least 10 days' advance written notice to
18 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
19 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
20 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
21 failure to produce any such records, or failure to cooperate with the County with respect to any
22 County demand for any such records.
23 Article 11
24 Disclosure of Self-Dealing Transactions
25 11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation,
26 or changes its status to operate as a corporation.
27 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
28 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
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1 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
2 the County before commencing the transaction or immediately after.
3 11.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
4 a party and in which one or more of its directors, as an individual, has a material financial
5 interest.
6 Article 12
7 General Terms
8 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
9 Agreement may not be modified, and no waiver is effective, except by written agreement signed
10 by both parties. The Contractor acknowledges that County employees have no authority to
11 modify this Agreement except as expressly provided in this Agreement.
12 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
13 under this Agreement without the prior written consent of the other party.
14 12.3 Governing Law. The laws of the State of California govern all matters arising from
15 or related to this Agreement.
16 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
17 County, California. The Contractor consents to California jurisdiction for actions arising from or
18 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
19 brought and maintained in Fresno County. The prevailing party shall be reimbursed for all costs
20 and reasonable attorney's fees.
21 12.5 Construction. The final form of this Agreement is the result of the parties' combined
22 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
23 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
24 against either party.
25 12.6 Days. Unless otherwise specified, "days" means calendar days.
26 12.7 Headings. The headings and section titles in this Agreement are for convenience
27 only and are not part of this Agreement.
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1 12.8 Severability. If anything in this Agreement is found by a court of competent
2 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
3 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
4 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
5 intent.
6 12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
7 not unlawfully discriminate against any employee or applicant for employment, or recipient of
8 services, because of race, religious creed, color, national origin, ancestry, physical disability,
9 mental disability, medical condition, genetic information, marital status, sex, gender, gender
10 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
11 all applicable State of California and federal statutes and regulation.
12 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
13 of the Contractor under this Agreement on any one or more occasions is not a waiver of
14 performance of any continuing or other obligation of the Contractor and does not prohibit
15 enforcement by the County of any obligation on any other occasion.
16 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
17 between the Contractor and the County with respect to the subject matter of this Agreement,
18 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
19 publications, and understandings of any nature unless those things are expressly included in
20 this Agreement. If there is any inconsistency between the terms of this Agreement without its
21 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
22 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
23 exhibits.
24 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
25 create any rights or obligations for any person or entity except for the parties.
26 12.13 Authorized Signature. The Contractor represents and warrants to the County that:
27 (A) The Contractor is duly authorized and empowered to sign and perform its
28 obligations under this Agreement.
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1 (B) The individual signing this Agreement on behalf of the Contractor is duly
2 authorized to do so and his or her signature on this Agreement legally binds the
3 Contractor to the terms of this Agreement.
4 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by
5 electronic signature as provided in this section.
6 (A) An "electronic signature" means any symbol or process intended by an individual
7 signing this Agreement to represent their signature, including but not limited to (1) a
8 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
9 electronically scanned and transmitted (for example by PDF document) version of an
10 original handwritten signature.
11 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
12 equivalent to a valid original handwritten signature of the person signing this Agreement
13 for all purposes, including but not limited to evidentiary proof in any administrative or
14 judicial proceeding, and (2) has the same force and effect as the valid original
15 handwritten signature of that person.
16 (C) The provisions of this section satisfy the requirements of Civil Code section
17 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
18 Part 2, Title 2.5, beginning with section 1633.1).
19 (D) Each party using a digital signature represents that it has undertaken and
20 satisfied the requirements of Government Code section 16.5, subdivision (a),
21 paragraphs (1) through (5), and agrees that each other party may rely upon that
22 representation.
23 (E) This Agreement is not conditioned upon the parties conducting the transactions
24 under it by electronic means and either party may sign this Agreement with an original
25 handwritten signature.
26 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
27 original, and all of which together constitute this Agreement.
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1 12.16 Damages. Except for damages resulting out of either Party's indemnification
2 obligations and subject to Section 8.1 hereof, in no event shall Contractor nor County be liable
3 to the other under this Agreement for indirect, special, liquidated, incidental, exemplary or
4 consequential damages, or for loss of use, loss of income, loss of opportunity, or other similar
5 remote damages or penalties.
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
TK ELEVATOR CORPORATION COUNTY OF FRESNO
3
4 1211
Macs 'Ernest
Mals(Feb 7,2025 10:43 EST) � __ ,�_--
5 Jennifer Mals, Contract Analyst Ernest Buddy Men Chairman of the
Board of Supervisors of the County of Fresno
6 3711 W. Swift Ave.
Fresno, CA 93722 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
9
By:
10 Deputy
11 For accounting use only:
12 Org No.: 8935
Account No.: 7205
13 Fund No.: 1045
Subclass No.: 10000
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Exhibit A
1 Scope of Services
2 The Contractor shall provide all labor, materials, tools, transportation, and equipment
3 required for routine and non-routine emergency testing, maintenance, and repair services for all
4 elevators located in County owned and operated facilities.
5 Routine Services:
6 The Contractor shall provide the County with routine testing and maintenance/repair
7 services for all County facility elevators listed in this Exhibit A. This testing will be performed
8 monthly unless otherwise specified below.
9 This shall include, but is not limited to, testing of all controls for proper operation, system
10 testing, written reporting, and all prescribed maintenance. The Contractor shall regularly and
11 systematically examine, adjust, lubricate, and if conditions warrant, repair, or replace the:
12 Machine: Including worm, gear thrust bearings, drive sheave, sheave shaft bearings,
13 brake coil, brake linings, and components.
14 Pump Unit: Including pump, V-belts, strainers, silencers, springs, and gaskets.
15 Motor: Including motor windings, bearings, rotating element, commutators, brushes, and
16 brush holders.
17 Motor Generator: Including windings, bearings, rotating element, commutators, brushes,
18 and brush holders.
19 Jack Unit: Including plunger, guide bearing, packing, and packing gland.
20 Controller: Including relays, resistors, contacts, coils, leads, fuses, transformers, timing
21 devices, and solid state components.
22 Selector: including electrical or mechanical drive components, cams, contacts, relays,
23 resistors, leads, transformers, and solid state components.
24 Governor: Including sheave bearings, shafts, contacts, and jaws.
25 Car: Including power door operator, door protective devices, car door hangers, car door
26 contact, load weighing equipment, car safety devices, and car guide shoes.
27 Hoistway: Including deflector sheave, secondary sheaves, buffers, governor tension
28 assemblies, guide rails, limit switches, compensating sheave assemblies, compensating
A-1
Exhibit A
1 chain of cables, traveling cables, hoistway and machine room wiring, hoistway door
2 interlocks, hoistway door hangers and gibs, and auxiliary closer.
3 Firefighters' Operation.
4 Accessory Equipment: Including all accessory elevator equipment installed prior to
5 commencement of this contract.
6 Fixtures: Car and hall button stations, master indicator control panels, all signal fixtures
7 including contacts, buttons, key switches, and locks. Lamps and sockets will be replaced
8 during regular examinations only or will otherwise be subject to separate billing.
9 Furnish Lubricants: Compounded to specifications and selected to give the best
10 performance.
11 Furnish and Maintain: Hydraulic fluid at proper operating level.
12 Wire ropes: Will be renewed as often as necessary to maintain an adequate factor of
13 safety and equalize the tension on all hoisting ropes.
14 Battery Lowering Devices: Shall be tested at quarterly intervals, batteries, shall be
15 replaced as necessary.
16
17 The quality of the work performed shall be to the best of trade practices, performed by
18 technicians thoroughly trained and familiar with the respective systems.
19 The Contractor shall, at all times, protect the buildings from damage; remove and
20 replace with new work any work damaged by Contractor's actions and/or failure to provide
21 protection. Replacement of damaged work arising from or related to Contractor's acts, actions,
22 omissions, or negligence will be performed at no additional cost to the County.
23 All work areas shall be cleaned up and all debris removed by the Contractor at the end
24 of the workday. Upon completion of work at each worksite, the Contractor shall remove all
25 equipment and surplus material from the premises and legally dispose of it.
26 When work is performed in secured facilities, it is incumbent upon all Contractors to alert
27 all County staff of the necessity for extreme care in accounting for, and keeping all areas free of
28 any and all types of hand tools, power tools, small parts, scrap material, and all other materials
A-2
Exhibit A
1 which might be concealed upon the person of an inmate/ward/patient, at all times when such
2 tools and materials are not being used for the task at hand.
3 All work must be approved by the Facility Services Manager or their designee before
4 work can begin. The Contractor responding to a service request shall report to the building
5 manager prior to beginning work and at the completion of work.
6 Each work area shall be kept clean and in order both during working hours and at the
7 completion of the working day.
8 Contractor will service County's equipment and its component parts in their present
9 condition with the understanding that Contractor shall neither be required nor obligated to
10 service, make renewals or repairs upon the equipment by reason of negligence, obsolescence,
11 misuse of the equipment, loss of power, blown fuses, tripped stop switches, theft, vandalism,
12 explosion, fire, power failure, water damage, storm, lightning, nuisance calls or by any other
13 reason or any other cause beyond Contractor's control, except ordinary wear and tear from the
14 commencement date of this Agreement. With the passage of time, equipment technology and
15 designs will change. If any part or component of any equipment cannot, in Contractor's sole
16 opinion, be safely repaired, and is no longer stocked and readily available from either the
17 original equipment manufacturer or an aftermarket source, that part or component shall be
18 considered obsolete. County will be responsible for all charges associated with replacing that
19 obsolete part or component, as well as all charges required to ensure that the remainder of the
20 equipment is functionally compatible with that replacement part or component. In addition,
21 Contractor will not be required to make any changes or recommendations in the existing design
22 or function the unit(s), nor will Contractor be obligated to install new attachments or parts upon
23 the equipment as recommended or directed by insurance companies, governmental agencies or
24 authorities, or any other third party. Any work not specifically covered under this Agreement
25 shall be at County's sole expense.
26
27 Non-Routine Services
28
A-3
Exhibit A
1 The Contractor shall provide the County with non-routine maintenance and non-routine
2 repair services all elevators. This work will include any work that is not routine in nature, but is
3 also not considered an emergency service.
4
5 Emergency Services:
6 Emergency Response Service Calls - The Contractor shall provide emergency response
7 services. Details regarding each emergency service request will be relayed at the time of each
8 call. The Contractor shall inform the County of any expected arrival delays. All services of a
9 callback nature shall be treated as an emergency and work commenced shall be carried
10 through to completion without delay.
11 Emergency Callbacks - Determination of call level is at the sole discretion of the Director
12 of Internal Services/Chief Information Officer or other authorized County staff member acting in
13 the same capacity, or his or her authorized representatives. Emergency callback levels are
14 categorized as follows:
15 Level 1 — Requires onsite response in one hour or less.
16 Level 2 — Requires onsite response in four hours or less.
17 Level 3 — Requires onsite response at 7:00 am the next normal County working day.
18
19 Scheduling of Services:
20 Routine, Non-Routine, and Emergency Services will be required to be performed during
21 regular business hours (Regular hours) and after business hours (Premium hours). Regular
22 hours are 7:00 am to 5:00 pm, Monday through Friday, excluding County Holidays. Any hours
23 that fall outside of Regular hours will be considered Premium hours; this includes any work
24 performed from 5:00 pm to 7:00 am, Monday through Friday, all weekends, and all County
25 Holidays.
26 Equipment/Locations:
27 Equipment, equipment details, and equipment locations are listed in this Exhibit A.
28 Exhibit A includes current County elevators that require routine, non-routine, and emergency
A-4
Exhibit A
1 testing, maintenance, and repair services, but the County reserves the right to add or remove
2 equipment, or locations, as needed upon written confirmation Director of Internal Services/Chief
3 Information Officer or other authorized County staff member acting in the same capacity, or his
4 or her authorized representatives. Pricing for any additional locations will be determined by the
5 Contractor and will be based upon same criteria used to generate pricing for the Quotation
6 Schedule in RFQ No. 25-023.
7
8 Contractor's License
9 The Contractor shall possess appropriate licenses for the project in accordance with the
10 current regulations and statues. The Contractor must possess a current State of California
11 Contractor's License, Class C-11 (Elevator Contractor) during the entirety of this Agreement.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A-5
Exhibit A
Building Building Name Address Elevator Usage State# Elevator Type Controller Machine/Power Unit
Number Nickname
601 Courthouse 1100 Van Ness Courthouse WCL WCL 104709 - - -
611 Brix Building 1221 Fulton Mall Brix 1 Passenger 45217 OH Geared MCE Westinghouse
611 Brix Building 1221 Fulton Mall Brix 2 Passenger 44761 OH Geared MCE Westinghouse
611 Brix Building 1221 Fulton Mall Brix 3 Passenger 68036 OH Geared MCE Westinghouse
612 Mercer Building 1221 Fulton Mall Mercer Passenger 70759 PTC AC MCE Westinghouse
607 Main Jail 1225 M St. Main Jail#1 Passenger 88427 OH Gearless TK Imperial
607 Main Jail 1225 M St. Main Jail#2 Passenger 88428 OH Gearless TK Imperial
607 Main Jail 1225 M St. Main Jail#3 Passenger 88429 OH Gearless TK Imperial
607 Main Jail 1225 M St. Main Jail#4 Passenger 88430 OH Gearless TK Imperial
642 Recorder's Office 1250 Van Ness Recorders Office Passenger 190729 Hydraulic TK Tac 32 TK
608 North Jail 1265 M St. North Jail Annex# Passenger 101172 IMC AC MCE H/W Montgomery
608 North Jail 1265 M St. North Jail Annex Passenger 101174 Hydraulic Montgomery Original Montgomery
608 North Jail 1266 M St. North Jaail Annex Passenger 101173 IMC AC MCE H/W Montgomery
608 North Jail 1267 M St. North J#il Annex Passenger 126069 IMC AC MCE H/W Montgomery
608 North Jail 1268 M St. North J#il Annex Passenger 101171 IMC AC MCE H/W Montgomery
884 L Street 1404 L Street L Street Passenger 43229 Hydraulic Otis Relay Original Otis
658 DBH HaWC 1925 E. Dakota DBH HaWC Passenger 92141 Hydraulic Schindler 330 A Schindler
Building Building
663 Pontiac Building 4 200 Pontiac Way Pontiac Building 4 Passenger 120294 Hydraulic Dover DMC Dover
864 Crocker 2135 Fresno St. Crocker Passenger 25636 OH Geared Swift Futura Otis
864 Crocker 2135 Fresno St. Crocker Passenger 25635 OH Geared Swift Futura Otis
604 Sheriff Admin 2200 Fresno St. Sherriff Admin#1 Passenger 49571 VFMC 1000 MCE Original Montgomery
A-6
Exhibit A
Building Building Name Address Elevator Usage State# Elevator Type Controller Machine/Power Unit
Number Nickname
604 Sheriff Admin 2200 Fresno St. Sheriff Admin#2 Passenger 49572 VFMC 1000 MCE Original Montgomery
605 South Jail 2204 Fresno St. South Jail Annex Passenger 884231 Hydraulic Montgomery Montgomery
605 South Jail 2204 Fresno St. South Jail Annex Passenger 62671 Hydraulic MCE -
Car#3
605 South Jail 2204 Fresno St. South Jail Annex Passenger 109170 VFMC MCE H/W Montgomery
Inmate#1
605 South Jail 2204 Fresno St. South Jail Annex Passenger 108973 VFMC MCE H/W Montgomery
Inmate#2
605 South Jail 2204 Fresno St. South Jail Annex Passenger 88432 Hydraulic Montgomery Montgomery
Kitchen#1
605 South Jail 2204 Fresno St. South Jail Annex Passenger 88433 Hydraulic Montgomery Montgomery
Kitchen#2
610 Plaza Building 2220 Tulare St. Plaza Building Passenger 39757 Hydraulic Vertitron Original
610 Plaza Building 2220 Tulare St. Plaza Building Passenger 39758 Hydraulic CJ Anderson Original
Relay
610 Plaza Building 2220 Tulare St. PlazaPBlding Passenger 39754 DC SCR MCE Wesinghouse
610 Plaza Building 2220 Tulare St. PlazaPB5lding Passenger 39755 DC SCR MCE Wesinghouse
610 Plaza Building 2220 Tulare St. Plaza Building 1 Passenger 39751 DC-SCR MCE Westinghouse
610 Plaza Building 2221 Tulare St. Plaza Building 2 Passenger 39752 DC-SCR MCE Westinghouse
610 Plaza Building 2222 Tulare St. Plaza Building 3 Passenger 39753 DC-SCR MCE Westinghouse
A-7
Exhibit A
Building Building Name Address Elevator Usage State# Elevator Type Controller Machine/Power Unit
Number Nickname
603 Hall of Records 2281 Tulare St. Hall of Records#1 Passenger 36679 OH Gearless TK Imperial
603 Hall of Records 2281 Tulare St. Hall of Records#2 Passenger 21599 OH Gearless TK Imperial
800 Central Library 2420 Mariposa St Central Library Passenger 32985 OH Geared MCE Otis
800 Central Library 2420 Mariposa St Central Library Frt Freight 32959 OH Geared Otis Relay Otis
800 Central Library 2420 Mariposa St Centraall Library Dumbwaiter 33337 Dumbwaiter Otis Relay Otis
437 Elections 4525 E Hamilton Elections Passenger 62684 Hydraulic Tac 32 New
Warehouse Warehouse
815 Laton Branch 6313 E. DeWoody Laton Library WCL - - - -
Library St. WCL
200 Kearney Park 6752 W. Kearney KearneCyLPark WCL 181056 WCL - -
606 West Jail 2208 Merced St. West Jail#1 Passenger 190856 - - -
606 West Jail 2208 Merced St. West Jail#2 Passenger 185634 - - -
606 West Jail 2208 Merced St. West Jail#3 Passenger 190857 - - -
606 West Jail 2208 Merced St. West Jail#4 Passenger 190858 - - -
606 West Jail 2208 Merced St. West Jail#5 Passenger 190859 - - -
A-8
Exhibit B
Compensation
The Contractor will be compensated for performance of its services under this
Agreement as provided in this Exhibit B. The Contractor is not entitled to any compensation
except as expressly provided in this Exhibit B.
A maximum 5% increase per year, to coincide with the SF-Oakland-Hayward Consumer
Price Index, may apply for any additional optional renewal terms. The County will not accept any
other price increase during the term of the Agreement.
Scheduled Services
Building Monthly Routine Monthly Routine Monthly Routine
Number Building Name Address Elevator Nickname Services Rate Services Rate Services Rate
Year 1 Year 2 Year 3
601 Courthouse 1100 Van Ness Courthouse WCL $ 318.55 $ 331.29 $ 344.54
611 Brix Building 1221 Fulton Mall Brix 1 $ 651.21 $ 677.26 $ 704.35
611 Brix Building 1221 Fulton Mall Brix 2 $ 651.21 $ 677.26 $ 704.35
611 Brix Building 1221 Fulton Mall Brix 3 $ 729.18 $ 758.35 $ 788.68
612 Mercer Building 1221 Fulton Mall Mercer $ 634.43 $ 659.81 $ 686.20
607 Main Jail 1225 M St. Main Jail#1 $ 619.44 $ 644.22 $ 669.99
607 Main Jail 1225 M St. Main Jail#2 $ 619.44 $ 644.22 $ 669.99
607 Main Jail 1225 M St. Main Jail#3 $ 687.20 $ 714.69 $ 743.28
607 Main Jail 1225 M St. Main Jail#4 $ 602.66 $ 626.77 $ 651.84
642 Recorder's Office 1250 Van Ness Recorders Office $ 387.84 $ 403.35 $ 419.49
608 North Jail 1265 M St. North Jail Annex#1 $ 653.76 $ 679.91 $ 707.11
608 North Jail 1266 M St. North Jail Annex#4 $ 653.76 $ 679.91 $ 707.11
608 North Jail 1267 M St. North Jail Annex#2 $ 653.76 $ 679.91 $ 707.11
608 North Jail 1268 M St. North Jail Annex#3 $ 653.76 $ 679.91 $ 707.11
608 North Jail 1265 M St. North Jail Annex#5 $ 437.04 $ 454.52 $ 472.70
884 L Street 1404 L Street L Street $ 440.82 $ 458.45 $ 476.79
658 DBH HaWC Building 1925 E.Dakota DBH HaWC Building $ 412.96 $ 429.48 $ 446.66
663 Pontiac Building 4 200 Pontiac Way Pontiac Building 4 $ 387.84 $ 403.35 $ 419.49
864 Crocker 2135 Fresno St. Crocker $ 656.71 $ 682.98 $ 710.30
864 Crocker 2135 Fresno St. Crocker $ 656.70 $ 682.97 $ 710.29
604 Sheriff Admin 2200 Fresno St. Sherriff Admin#1 $ 628.59 $ 653.73 $ 679.88
604 Sheriff Admin 2200 Fresno St. Sheriff Admin#2 $ 628.58 $ 653.72 $ 679.87
605 South Jail 2204 Fresno St. South Jail Annex#5 $ 435.86 $ 453.29 $ 471.43
605 South Jail 2204 Fresno St. South Jail Annex Car#3 $ 476.65 $ 495.72 $ 515.54
605 South Jail 2204 Fresno St. South Jail Annex Inmate#1 $ 647.27 $ 673.16 $ 700.09
605 South Jail 2204 Fresno St. South Jail Annex Inmate#2 $ 647.27 $ 673.16 $ 700.09
B-1
Exhibit B
Building Monthly Routine Monthly Routine Monthly Routine
Number Building Name Address Elevator Nickname Services Rate Services Rate Services Rate
Year 1 Year 2 Year 3
605 South Jail 2204 Fresno St. South Jail Annex Kitchen#1 $ 435.87 $ 453.30 $ 471.44
605 South Jail 2204 Fresno St. South Jail Annex Kitchen#2 $ 435.86 $ 453.29 $ 471.43
610 Plaza Building 2220 Tulare St. Plaza Building $ 449.82 $ 467.81 $ 486.53
610 Plaza Building 2220 Tulare St. Plaza Building $ 449.82 $ 467.81 $ 486.53
610 Plaza Building 2220 Tulare St. Plaza Building PE4 $ 835.71 $ 869.14 $ 903.90
610 Plaza Building 2220 Tulare St. Plaza Building PE5 $ 896.89 $ 932.77 $ 970.08
610 Plaza Building 2220 Tulare St. Plaza Building 1 $ 955.88 $ 994.12 $ 1,033.88
610 Plaza Building 2221 Tulare St. Plaza Building 2 $ 955.88 $ 994.12 $ 1,033.88
610 Plaza Building 2222 Tulare St. Plaza Building 3 $ 969.24 $ 1,008.01 $ 1,048.33
603 Hall of Records 2220 Tulare St. Hall of Records#1 $ 638.88 $ 664.44 $ 691.01
603 Hall of Records 2281 Tulare St. Hall of Records#2 $ 638.88 $ 664.44 $ 691.01
800 Central Library 2281 Tulare St. Central Library $ 628.59 $ 653.73 $ 679.88
800 Central Library 2420 Mariposa St Central Library Frt $ 628.59 $ 653.73 $ 679.88
800 Central Library 2420 Mariposa St Central Library DW $ 272.99 $ 283.91 $ 295.27
437 Elections Warehouse 2420 Mariposa St Elections Warehouse $ 390.39 $ 406.01 $ 422.25
815 Laton Branch Library 4525 E Hamilton Laton Library WCL $ 262.31 $ 272.80 $ 283.71
200 Kearney Park 6752 W.Kearney Kearney Park WCL $ 276.00 $ 287.04 $ 298.52
606 West Jail 2208 Merced St. Jail#1 $ 887.15 $ 922.64 $ 959.54
606 West Jail 2208 Merced St. Jail#2 $ 903.93 $ 940.09 $ 977.69
606 West Jail 2208 Merced St. Jail#3 $ 887.15 $ 922.64 $ 959.54
606 West Jail 2208 Merced St. Jail#4 $ 461.53 $ 479.99 $ 499.19
606 West Jail 2208 Merced St. Jail#5 $ 470.15 $ 488.96 $ 508.51
Non-Routine Labor Rates
Hourly Rate Hourly Rate Hourly Rate
Year 1 Year 2 Year 3
Regular Hours $ 435.00 $ 452.00 $ 470.00
Premium Hours $ 695.00 $ 722.00 $ 751.00
Parts
All parts replaced during routine and non-routine services will be reimbursed at cost. A
copy of the original invoice must accompany the invoice for payment.
Additional Compensation
An approximate $1,000,000 will be included, annually, and will be utilized on an as-
needed basis for any Non-Routine Labor and Parts.
B-2
Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions
that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
C-1
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date:
C-2
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, the Contractor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Additional Insured coverage shall only apply to the
extent any damages covered by the policy are determined to be caused by Contractor's
acts, actions, omissions or negligence and shall not apply to the extent caused by the
additional insured's own acts, actions, omissions or negligence. 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.
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 riKKisKIVIan age mentolresnocountVca.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
D-1
Exhibit D
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(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 reasonable 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. Any deviation from the insurance requirements set forth in the agreement
and modified herein shall be mutually agreed to in writing by both parties prior to
becoming effective. 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.
D-2
Exhibit D
(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.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
D-3
Exhibit E
r— Subject: Hostage Situations
Fresno County` Policy Number: 326.0
Page: 1 of 2
'\ Juvenile Justice CampusDate Originated: April 1, 2004
Policy Manual Date Revised: February 1, 2008
Authority: Title 15; Section 1327;
California Code of Regulations
It is imperative for the safety and security of all persons within Juvenile Justice Campus
(JJC) facilities, as well as for those in the community, that minors are not allowed to
leave the secure confines of the facilities by the taking of a hostage(s). If successful in
securing a release through these means minors would be much more likely in the future
to use this practice again in an attempt to escape the confines of the facilities. This
would put those visiting and working at the JJC at higher level of risk and would
jeopardize the safety of the community if the minor was in fact successful in securing
his/her release.
The JJC is a "no-hostage" facility. This means that minors will not be released from
custody under any circumstances due to the taking of a hostage(s). Any staff person
taken hostage, no matter what their rank or status, immediately loses their authority and
any orders issued by that person will not be followed.
I. HOSTAGE SITUATION PROCEDURES
A. If any minor(s) and/or other person(s) in the facility attempt to hold any person
hostage, and they do not respond to verbal commands to stop staff will
immediately notify the Watch Commander. He/she will respond to the location and
assess the situation. If a hostage situation is in progress the Watch Commander
will:
1. Summon assistance from other officers as required.
2. Establish a secure perimeter around the hostage takers and allow no one to
pass into it for any reason without authorization. Risks should not be taken
that might allow the taking of additional hostages.
3. Evacuate all non-essential persons at the scene to a safe location or any
housing pod that is not directly involved in the incident.
4. Direct officers to place minors in uninvolved housing pods in their rooms and
have them remain there until directed otherwise. Minors outside of housing
pods will remain in place under officer supervision until it is safe to return to
their respective housing pods or any housing pod that is not directly involved
in the incident.
5. Immediately notify the Director or the Probation Services Manager/Assistant
Director in his/her absence and confer with higher authority as to action to be
taken. Administration in turn will notify the Chief.
E-1
Exhibit E
Subject: Hostage
Situation Policy #: 326.0
B. The Fresno Sheriff's Dispatch Center (488-3111) will be notified immediately and
a request for a trained hostage negotiator and other emergency personnel will be
made as needed. Prior to the arrival of the Sheriff Department's hostage
negotiator the Watch Commander will attempt to ascertain:
1. The number and identity of both the hostages and hostage takers;
2. Any known weapons possessed by the hostage takers;
3. The demands of the hostage takers.
C. The Watch Commander will retain and direct departing custody officers, as well
as, available Probation peace officer staff to assist with security and safety needs,
as necessary. Additional Juvenile Correctional Officers should be called in as may
be needed to insure the safe and secure operation of the facility.
D. The Watch Commander will coordinate with the Sheriff's Department all activities
taken to resolve the hostage situation, including the use of appropriate force, and
will maintain control of the facility until relieved of that duty by the presence of a
Probation Services Manager/Assistant Director, Director, or the Chief Probation
Officer.
E. Once the hostage situation has been resolved the minors involved should be
housed in the most secure setting available and all appropriate charges should be
filed.
F. Each officer and/or non-sworn staff member who was involved or observed the
incident will complete an incident report and if required, the appropriate critical
incident evaluation report(s) regarding the details of the incident prior to the end
of his/her shift. (See Incident Report, located in JAS Probation View, under "Word
Templates".)
G. The Watch Commander will prepare a Critical Incident Investigation Report, using
the Critical Incident Evaluation Report - Page 2 report form and the critical incident
evaluation report(s) completed by the reporting persons at the time of the incident.
II. PARENTAL AND MEDIA INFORMATION
A. Attempts will be made at the direction of Administration to reach the families
of the hostages to advise them of the situation. Notification will also be
made to the parents of the hostage takers as deemed appropriate.
B. All media inquiries will be referred to the Chief's office per departmental
policy.
E-2
Exhibit E
Subject: Hostage
Situation Policy #: 326.0
III. SECURITY AND OPERATIONAL REVIEW
Once the incident has been resolved a team will be established to conduct a security
and operational review of the incident. The review will be conducted within 2 days of
the resolution of the incident. The review team will be comprised of the facility
administrator and/or facility Director, Probation Services Manager/Assistant Director
and Supervising Juvenile Correctional Officers who are relevant to the incident. The
team will review the circumstances leading up to the incident and any necessary
corrective action necessary to ensure that such an incident does not repeat itself.
E-3
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
Vendors, Volunteers and Student Interns
308.1 PURPOSE AND SCOPE
This policy establishes guidelines for using Juvenile Justice Campus vendors, volunteers, and
student interns, to supplement and assist Department personnel in their duties. Vendors and
volunteers are members who can augment Department personnel and help complete various
tasks.
308.1.1 DEFINITIONS
Definitions related to this policy include:
Student intern - A college, university, or graduate student gaining practical experience in a
chosen field while performing services for the Department under supervision.
Vendor - An individual representing a company, outside agency, or non-profit organization, who
is assigned to one of our facilities, performs a service for the Department, and may receive
compensation for services rendered.
Volunteer-An individual who performs a service for the Department without promise, expectation,
or receipt of compensation for services rendered. This may include unpaid chaplains and student
interns.
308.2 POLICY
The Fresno County Probation Department shall ensure that vendors, volunteers and student
interns are properly appointed, trained, and supervised to carry out specified tasks and duties in
order to create an efficient Department and improve services to the community.
308.3 ELIGIBILITY
Requirements for participation as a vendor, volunteer or student intern for the Department may
include but are not limited to:
(a) Being at least 18 years of age.
(b) Possession of liability insurance for any personally owned equipment, vehicles, or
animals utilized during volunteer or student intern work.
(c) No conviction of a felony, any crime of a sexual nature or against children, any crime
related to assault or violence, any crime related to dishonesty, or any crime related to
impersonating a law enforcement officer.
(d) Ability to meet physical requirements reasonably appropriate to the assignment.
(e) A background history and character suitable for a person representing the Department,
as validated by a background investigation.
The Chief Probation Officer or the authorized designee may allow exceptions to these eligibility
requirements based on organizational needs and the qualifications of the individual.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F1
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
308.4 RECRUITMENT, SELECTION, AND APPOINTMENT
The Fresno County Probation Department shall endeavor to recruit and appoint only those
applicants who meet the high ethical, moral, and professional standards set forth by this
Department.
308.4.1 RECRUITMENT
Volunteers and student interns are recruited on a continuous basis consistent with Department
policy on equal opportunity, nondiscriminatory employment terms. A primary qualification for
participation in the application process should be an interest in and an ability to assist the
Department in serving the public.
Requests for volunteers and student interns should be submitted in writing by interested
Department members to the Personnel Unit through the requester's immediate supervisor. A
complete description of the volunteer's or intern's duties and a requested time frame should
be included in the request. All Department members should understand that the recruitment of
volunteers and student interns is enhanced by creative and interesting assignments.
Vendors are recruited/selected in accordance with the Fresno County Purchasing Office contract/
agreement process.
308.4.2 SELECTION
Vendor, volunteer and student intern candidates shall successfully complete this process before
appointment:
(a) Submit the appropriate written application.
(b) Current TB skin test (completed within the last 6 months).
(c) Successfully complete an appropriate-level background investigation, which may
include fingerprinting, and/or obtaining information from local, state, federal and
Department of Motor Vehicle databases.
308.4.3 APPOINTMENT
Volunteers and student interns shall be placed only in assignments or programs consistent with
their knowledge, skills, and abilities and the needs of the Department. Volunteers' and student
interns' interests will be considered when placed in assignments.
Volunteers and student interns serve at the discretion of the Chief Probation Officer.
Vendors are appointed and placed in accordance with the Fresno County Purchasing Office
contract/agreement.
308.5 IDENTIFICATION
As representatives of the Department, vendors, volunteers and student interns are responsible
for presenting a professional image to the community. Vendors, volunteers and student interns
shall dress appropriately for the conditions and performance of their duties, in compliance with
Personal Appearance Standards and Uniform and Non-Uniform attire policies unless excluded by
the Department.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F2
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
Vendors, volunteers and student interns will be issued Fresno County Probation Department
identification cards, which must be carried at all times while on-duty. The identification cards will
be the standard Fresno County Probation Department identification cards, except that"Volunteer"
or"Student Intern" will be indicated on the cards.
308.6 PERSONNEL WORKING AS STUDENT INTERNS
Qualified regular Department personnel, when authorized, may also serve as student interns.
However, this Department shall not utilize the services of student interns in such a way that it would
violate employment laws or collective bargaining agreements or memorandums of understanding
(e.g., a Juvenile Correctional Officer participating as a student intern for reduced or no pay).
Therefore, members shall consult with the Personnel Unit prior to allowing regular department
personnel to serve in a student intern capacity (29 CFR 553.30).
308.7 PERSONNEL UNIT
The function of the Personnel Unit is to provide a central coordinating point for effective volunteer
management within the Department, and to direct and assist efforts to jointly provide more
productive volunteer services.
The responsibilities of the Personnel Unit include but are not limited to:
(a) Recruiting and selecting qualified volunteers and student interns.
(b) Maintaining records for each vendor, volunteer and student intern.
(c) Completing and disseminating, as appropriate, all necessary paperwork and
information.
(d) Maintaining a liaison with colleges and universities that provide student interns to
promote the intern program with both students and the educational system.
(e) Maintaining volunteer and student intern orientation and training materials and
outlining expectations, policies, and responsibilities for all volunteers and student
interns.
308.8 DUTIES AND RESPONSIBILITIES
Volunteers assist department personnel as needed. Assignments of volunteers may be to any
division within the Department, as needed. Volunteers should be placed only in assignments
or programs consistent with their knowledge, skills, interests, abilities and the needs of the
Department. Student interns should be assigned to areas that meet the needs of both their
educational program and the Department. Vendors will be assigned per the contract/agreement.
308.8.1 COMPLIANCE
Vendors, volunteers and student interns shall be required to adhere to all Department policies and
procedures. Policies and procedures are available on the Department website and will be made
available to each vendor, volunteer, and student intern upon appointment. The vendor, volunteer
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F3
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
and student intern shall become thoroughly familiar with these policies as directed by the Chief
Probation Officer or the authorized designee.
Whenever a rule, regulation, or guideline in this Custody Manual refers to regular Department
personnel, it shall also apply to vendors, volunteers and student interns, unless by its nature it is
inapplicable.
Vendors, volunteers and student interns are required by this Department to meet Department-
approved training requirements as applicable to their assignments.
308.9 TASK SPECIFIC TRAINING
Task-specific training is intended to provide the required instruction and practice for vendors,
volunteers and student interns to properly and safely perform their assigned duties. Training
should correspond to the assignment.
Vendors, volunteers and student interns shall be provided with the policies of the Department and
procedures applicable to their assignments.
Vendors, volunteers and student interns shall receive position-specific training to ensure they have
adequate knowledge and skills to complete the required tasks and should receive ongoing training
as deemed appropriate by their supervisors or the authorized designee.
Training should reinforce to vendors, volunteers and student interns that they shall not intentionally
represent themselves as, or by omission give the impression that they are, Juvenile Correctional
Officers or other full-time members of the Department. They shall always represent themselves
as vendors, volunteers or student interns.
All vendors, volunteers and student interns shall comply with the standards of conduct and with
all applicable orders and directives, either oral or written, issued by the Department.
308.9.1 STATE REQUIREMENTS
The vendor, volunteer and student intern initial orientation shall include the following: safety and
security issues and anti- discrimination policies.
308.10 SUPERVISION
Each vendor, volunteer and student intern must have a clearly identified supervisor who is
responsible for direct management of that individual. This supervisor will be responsible for day-to-
day management and guidance of the work of the vendor, volunteer or student intern and should
be available for consultation and assistance.
Functional supervision of vendors, volunteers and student interns is the responsibility of the
supervisor or the authorized designee in charge of their assigned duties. The following are some
considerations that supervisors or the authorized designee should keep in mind while supervising
vendors, volunteers and student interns:
(a) Take the time to introduce vendors, volunteers and student interns to members on all
levels.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F4
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
(b) Ensure vendors, volunteers and student interns have work space and necessary office
supplies.
(c) Make sure the work is challenging. Do not hesitate to give vendors, volunteers and
student interns assignments or tasks that will utilize these valuable resources.
(d) Ensure the work for student interns meets the needs of their educational program,
while also meeting the needs of the Department.
308.10.1 EVALUATIONS
Student interns may need evaluations as a requirement of their educational program.
308.10.2 FITNESS FOR DUTY
No vendor, volunteer or student intern shall report for work or be at work when the individual's
judgment or physical condition has been impaired due to illness or injury, or by the use of alcohol
or drugs, whether legal or illegal.
Vendors, volunteers and student interns shall report to their supervisors any change in status that
may affect their ability to fulfill their duties. This includes but is not limited to:
(a) Driver's license.
(b) Arrests.
(c) Criminal investigations.
(d) All law enforcement contacts.
308.11 INFORMATION ACCESS
Volunteers and student interns should not have access to or be in the vicinity of criminal histories,
investigative files, or information portals. Unless otherwise directed by a supervisor, the duties of
the position, or Department policy, all such information shall be considered confidential. Only that
information specifically identified and approved by authorized members shall be released.
Confidential information shall be given only to persons who have a need and a right to know as
determined by Department policy and supervisory personnel.
A vendor, volunteer or student intern whose assignment requires the use of, or access to,
confidential information will be required to be fingerprinted and have the fingerprints submitted to
the California Department of Justice to obtain clearance. Vendors, volunteers and student interns
working this type of assignment shall receive training in data practices and shall be required to
sign a CLETS Employee/Volunteer Statement before being given an assignment with the
Department. Subsequent unauthorized disclosure of any confidential information verbally, in
writing, or by any other means by the vendor, volunteer, or student intern is grounds for immediate
dismissal and possible criminal prosecution.
Vendors, volunteers and student interns shall not address public gatherings, appear on radio
or television, prepare any article for publication, act as correspondents to newspapers or other
periodicals, release or divulge any information concerning the activities of the Department, or
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns- F5
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
maintain that they represent the Department in such matters without permission
from the proper Department personnel.
308.11.1 RADIO AND DATABASE ACCESS USAGE
The supervisor or the authorized designee shall ensure that radio and database
access training is provided for vendors, volunteers, and student interns whenever
necessary.
308.12 EQUIPMENT
Any property or equipment issued by the Department shall be for official and
authorized use only. Any property or equipment issued to a vendor, volunteer or
student intern shall remain the property of the Department and shall be returned at
the termination of service.
308.13 TERMINATION OF SERVICES
If a vendor or volunteer is the subject of a personnel complaint or becomes involved
in an internal investigation, the matter shall be investigated in compliance with the
Personnel Complaints Policy. If a student intern is the subject of or is involved in an
internal investigation, the coordinator of the educational program that sponsors the
intern should be notified.
Vendors and volunteers are considered at-will and may be removed from service at
the discretion of the Chief Probation Officer or the authorized designee, with or
without cause. Vendors and volunteers shall have no property interest in their
continued appointments. Vendors and volunteers may resign from service with the
Department at any time. It is requested that vendors and volunteers who intend to
resign provide advance notice and a reason for their decision.
308.14 ISSUED DATE
• 02/18/2022
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors, Volunteers and Student Interns- F6
Published with permission by Fresno County Probation
Department
Exhibit G
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-06-96, 09-01-99,
12-01-10
AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: California Code of Regulations, Title 15, Section 1029(a)(7)(B)and
Penal Code Section 236.
PURPOSE:
The purpose of this policy is to establish procedures which provide for the resolution of a
hostage-taking incident while preserving the safety of staff, public, inmates, and hostages, and
maintaining facility security.
POLICY:
The Fresno County 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 Sheriffs Office Jail Division that once any staff member is
taken hostage, they immediately lose their authority and any orders issued by that person will
not be followed regardless of their rank or status.
It is the policy of the Fresno County Sheriffs Office Jail Division that the primary responsibility of
all staff members in a hostage situation is to protect every person involved, if possible, from
serious injury or death.
PROCEDURES:
I. DEFINITION
HOSTAGE SITUATION: any staff member, citizen or inmate held against their will by another
person for the purpose of escape, monetary gain or any reason which may place an
individual in danger of losing life or suffering serious injury.
II. NOTIFICATIONS. CONTAINMENT AND CONTROL OF THE SITUATION
A. Emergency procedures and notifications shall be implemented as per Emergency
Planning procedures (B-101/FILE: EMERGENCY).
B. The Watch Commander will notify the Patrol Watch Commander and apprise them of
the incident. The Patrol Watch Commander may be requested to activate the Crisis
Negotiations Team (CNT), outside support agencies, equipment, personnel, and
G-1
Exhibit G
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
dispatch a detective to the scene for the crime report.
Ill. DURING NEGOTIATIONS
A. While at the scene, the CNT members will conduct all verbal or written
communications between the hostage taker(s) and the Incident Commander. CNT will
immediately notify the Incident Commander of any changes in the following situations:
1. Hostage status
2. Incident changes and developments
3. Hostage taker demands
4. Any and all pertinent information concerning the incident
B. Staff members at the scene not actively involved with negotiations will not act or speak
out to the hostage taker(s) or hostages.
C. The Tactical Commander will formulate a plan to take the necessary actions, using the
appropriate force, to terminate the hostage situation in the event negotiations fail.
Hostage safety will be of paramount concern.
IV. HOSTAGE SURVIVAL STRATEGIES
A. If taken hostage, it is important to make the transition from being a victim to being a
survivor. The following are not strict rules that must be rigidly followed, but rather
general guidelines. There will always be exceptions.
1. Regain/maintain composure. Try to be calm, focused and clear-headed at all times.
Do not stand out from other hostages. Drawing unnecessary attention increases
the chance of being singled out and victimized.
2. Maintain a low-key, unprovocative posture. Overt resistance is usually
counterproductive in a hostage situation.
a. Remain calm and follow instructions. Comply with the hostage takers when at
all possible.
b. Be stoic. Maintain an outward face of acceptance of adversity with dignity.
Avoid open displays of cowardice and fear. Inmates will view frailty and
feebleness as weakness, which may lead to victimization.
c. Do not antagonize,threaten or aggravate the hostage takers.Avoid saying "no",
or arguing with the hostage takers. Do not act authoritative. The hostage takers
G-2
Exhibit G
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
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.
4.
a. Find a mutual ground, an association with the hostage takers. Foster
communication on non-threatening topics (e.g., family, hobbies, sports,
interests).
b. Use the captors' first names, if known. However, if hostage takers are
attempting to conceal their identity, do not give any indication that they are
recognized.
c. Listen actively to the captors' feelings and concerns, but never praise,
participate in, or debate their "cause". If they want to talk about their cause,
act interested in their viewpoints. Avoid being overly solicitous, which may be
viewed as patronizing or insincere.
d. Do not befriend the inmates; such an attempt will likely result in exploitation.
e. Try asking for items that will increase personal comfort. Make requests
in a reasonable, low-key manner.
5. Be prepared to be isolated and disoriented.
a. Do not talk to other hostages. The hostage takers may think a plot is being
formed.
b. Develop mind games to stimulate thinking and maintain mental alertness.
6. Be tolerant of fellow hostages. Just as each person has different reactions to
stress, each individual will have different methods of coping as a hostage. Some
methods are not effective and may endanger the group, or be annoying to other
hostages (e.g., constant talking). Try to help these people cope in other ways.
7. Gather intelligence. Hostages should take in and store as much detail, about their
captors as possible without drawing attention to their efforts. Make mental notes
and attempt to gather the following information: identification of the ring leader,
G-3
Exhibit G
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
the number of hostage takers, the type of weapons they are using, their tactics,
location within the area, etc.
8. Maintain hope. Depending on the circumstances, resolution of hostage situations
can be a lengthy process.
B. Stay away from doors and windows through which rescue teams may enter or shoot. If
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 begin to
show sympathy toward their captors. Hostages who develop Stockholm Syndrome
often view the captor as giving life by simply not taking it. Such hostages often
misinterpret a lack of abuse as kindness and may develop feelings of appreciation for
the perceived benevolence.
G-4
Exhibit H
THE PRISON RAPE ELIMINATION (PREA) ACT
All contractors must comply with the Prison Rape Elimination (PREA) Act as stated
below:
The Contractor shall comply with all Prison Rape Elimination (PREA) Act standards for
juvenile correctional facilities. Training will be provided by Probation at no charge to the
Contractor. The Contractor will ensure that all staff assigned to work at the Juvenile Justice
Campus (JJC) undergo a pre-employment Live Scan and criminal background security
clearance by the Probation Department at no charge to the Contractor. No alcoholic
beverages/drugs will be brought into any facility. Nor will anyone under the influence of
alcoholic beverages or drugs be allowed inside. In the event of any disturbance inside the
facilities, the Contractor's employees will immediately follow the orders of the Facility
Administrator or his/her designees.
The Contractor shall comply with all Probation Department Policies and Procedures. In the event
of a dispute involving the County staff and the contract employee, the on-duty Facility
Administrator will have the final decision." INFORMATION ON THE PRISON RAPE
ELIMINATION ACT CAN BE FOUND HERE: http://www.prearesourcecenter.org/
H-1
Exhibit I
BACKGROUND INVESTIGATIONS AND
IDENTIFICATION (ID) BADGES
Background Investigations
Prior to the beginning of any services, one (1) background check may be required for every
member of the Contractor's personnel providing services to a building location for the life of the
agreement. The background check may be required before access is given to any County
facility/property. Clearance will only be granted after a successful background check,
completed by the County of Fresno Sheriff's Department. Background checks provided by any
agency other than the County of Fresno Sheriff's Department will not be accepted.
The current cost of a background check is $52 per person. This cost will be incurred by the
Contractor. One check covering the cost of background checks for all employees shall be
made payable to: Sheriff, County of Fresno. The Contractor will be notified regarding the result
of background checks. Those that are accepted will report to County of Fresno Security to have
their photo taken and ID badge issued.
Background checks are done on a first-come, first serve basis between the hours of 7:00 a.m
and 12:00 noon. Monday through Friday. The process takes approximately 20 minutes time.
The amount of time it takes to receive the result of background checks varies from one day to a
month (or longer), dependent upon the individual's history.
Individuals who are cleared through this process are entered into the Department of Justice
database. Their records are flagged and the County of Fresno Sheriff's Department is notified if
the person is ever arrested in the future.
When required by County, applicants' background checks must be approved prior to entering
any County facility. Approval will not be granted to any individual possessing any of the
following circumstances:
1. They have been convicted of a felony, or any crime involving moral turpitude, or
carrying or possessing a dangerous weapon.
2. They have ever been charged with a felony or are currently under investigation for a
felony.
3. They are charged with or convicted of any crime committed in or at a correctional
institution.
4. They are currently on parole or probation or are a sentenced inmate at any correctional
facility.
5. They have been refused a license as a private investigator or had such license revoked.
6. They have fraudulently represented themselves, their credentials, their employment or
their criminal or arrest record on their application.
7. Make omissions or false statements on their application.
8. They have no valid reason for entering a facility.
9. Their admission into a facility could represents a threat to security, staff or inmate safety.
10. Further information regarding the criteria for background check clearance, including an
appeal for process for someone who may be denied clearance is available upon
request.
I-1
Exhibit I
Identification (ID) Badges
The Contractor's employees will be issued a badge that must be worn and be
visible at all times during performance of work in any County building to identify
the wearer as an individual who is authorized to enter County facilities.
1. ID badges will be given only after successfully completing the
background investigation. ID badges will be issued when the photo is
taken. If electronic access to any County facility is required, activation
of the badge may take an additional 48 hours to complete.
2. The wearer will not escort or bring any other individuals into any County
facilities. County issued ID badges are for the exclusive use of the
individual named and pictured on the badge.
3. All ID badges will remain the property of the County and are returnable
upon demand or upon the expiration of the contract. The Contractor will
be responsible for collecting all ID badges issued and turning them in to
the County Security Office when a contract ends or when an employee
leaves employment. The Contractor will assume all responsibility for
their employee's use of and the return of the County ID badges.
The ID badges will only be issued to individuals passing the Background check. Each individual
will need to present themselves in person with a valid, clean, and legible copy of a Driver's
license or State issued Identification Card to receive an ID badge.
I-2