HomeMy WebLinkAboutAgreement A-25-566 with Sunbelt.pdf Agreement No. 25-566
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated November 4, 2025 and is between
3 Sunbelt Rentals, Inc., a North Carolina corporation ("Contractor"), and the County of Fresno, a
4 political subdivision of the State of California ("County").
5 Recitals
6 A. The County has a need for equipment and tool rental services. Commonly-rented
7 equipment by the County includes, but is not limited to: generators, light towers, scissor lifts,
8 backhoes, loaders, and other materials-handling equipment, which the County uses for
9 maintenance and repairs to County-maintained buildings and in support of County operations.
10 B. The Contractor was awarded Agreement #R241502 by the Region 4 Education Service
11 Center, which has been made available by OMNIA Partners and is based upon the Contractor's
12 response to the competitive bid Request for Proposal #24-15 ("UP"). The Contractor was
13 determined to be the most advantageous bidder based on their pricing and ability to provide the
14 products and services outlined in the RFP.
15 C. The County desires to engage the Contractor to provide equipment and tool rental
16 services, pursuant to the terms of the 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 Work" in accordance with the terms of this
22 agreement and OMNIA Partners Agreement# R241502 ("OMNIA Agreement").
23 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
24 able to perform all of the services provided in this Agreement.
25 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
26 applicable federal, state, and local laws and regulations in the performance of its obligations
27 under this Agreement, including but not limited to workers compensation, labor, and
28 confidentiality laws and regulations.
1
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 Contractor Representative. The Contractor shall provide a Contractor
7 representative to represent the Contractor, who will work with the County to carry out the
8 Contractor's obligations under this Agreement.
9 1.6 Security. Security is of great concern to the County. Failure to comply with the
10 security requirements listed below will be considered a breach of contract, and may result in
11 termination of this Agreement for default. The Contractor's personnel shall cooperate with all
12 County security personnel at all times, and shall be subject to and conform to County security
13 rules and regulations, including, but not limited to County security rules and procedures, as
14 detailed in Exhibits E through I. Any violations or disregard of these rules may be cause for
15 denial of access to County property. The background checks required, and policies listed below,
16 may change throughout the life of this Agreement. It is the Contractor's responsibility to request
17 updates from the County. All of the Contractor's employees, agents, and subcontractors must
18 read the policies listed below. Please see the following Exhibits:
19 . Exhibit E — Fresno County Probation Department Juvenile Justice Campus Policy
20 Manual — Emergency Procedures - Facilities
21 . Exhibit F— Fresno County Probation Department Juvenile Justice Campus Policy
22 Manual —Vendors, Volunteers and Student Interns
23 . Exhibit G — Fresno County Sheriff's Office Jail Division Policies and Procedures —
24 Hostage Situations
25 . Exhibit H —The Prison Rape Elimination Act
26 . Exhibit I — Background Investigations and Identification (ID) Badges
27 Security provisions will be strictly enforced. All parties who are required to deliver or
28 retrieve equipment and tools at the site shall be limited to the area required to perform said
2
1 service. Such access shall be obtained by notification to the Fleet Services Manager, or his or
2 her designee, of the time and place, prior to providing the service.
3 All keys used during work shall be numbered. Each key issued shall be recorded, and its
4 prompt return shall be strictly enforced. Duplication of any keys issued is strictly prohibited.
5 These keys shall be returned to the County's representative after successfully delivering or
6 retrieving equipment and tools, when required.
7 Some of the services performed under this Agreement may be in secured facilities
8 such as jails. Prior to delivering or retrieving equipment and tools, the Contractor, including all
9 subcontractor and contractors, shall obtain security clearances for all employees that will be
10 providing these services in these facilities.
11 When services are provided in secured facilities, it is incumbent upon the Contractor to
12 alert all workmen of the necessity for extreme care in accounting for, and keeping all areas free
13 of any and all types of hand tools, power tools, small parts, scrap material, and all other
14 materials which might be concealed upon the person of an inmate/ward/patient, at all times
15 when such tools and materials are not used for the task at hand.
16 Each work area subject to the Contractor's services shall be kept clean and in order
17 during working hours and at the completion of the working day.
18 Article 2
19 County's Responsibilities
20 2.1 County Representative. The County shall provide a County representative ("County
21 Representative") to represent the County, who will work with the Contractor to carry out the
22 Contractor's obligations under this Agreement. The County Representative for the County's
23 General Services Department shall be the Fleet Services Manager, and/or their designees.
24 Article 3
25 Compensation, Invoices, and Payments
26 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
27 the performance of its services under this Agreement as described in Exhibit B to this
28 Agreement, titled "Fee Schedule."
3
1 3.2 Maximum Compensation. The maximum compensation ("Maximum
2 Compensation") payable to the Contractor under this Agreement is $1,000,000 for the initial
3 three-year term ("Initial Term") of this Agreement. In the event this Agreement is extended for its
4 first optional one-year extension ("Year 4"), the total compensation payable to the Contractor
5 under this Agreement is $1,375,000. In the event this Agreement is extended for its final one-
6 year extension ("Year 5"), the total compensation payable to the Contractor under this
7 Agreement is $1,750,000. In the event the total Maximum Compensation amount in the Initial
8 Term, Year 4, and/or Year 5 is not fully expended, the remaining unspent funding amounts shall
9 roll over to each subsequent term's established Maximum Compensation.
10 The Contractor acknowledges that the County is a local government entity, and does so with
11 notice that the County's powers are limited by the California Constitution and by State law, and
12 with notice that the Contractor may receive compensation under this Agreement only for
13 services performed according to the terms of this Agreement and while this Agreement is in
14 effect, and subject to the maximum amount payable under this section. The Contractor further
15 acknowledges that County employees have no authority to pay the Contractor except as
16 expressly provided in this Agreement.
17 3.3 Invoices. The Contractor shall submit monthly invoices referencing the provided
18 agreement number to the County of Fresno, General Services Department, Fleet Services,
19 4551 E. Hamilton Ave Fresno, CA 93702, fleetservices(o)-fresnocountyca.gov. The Contractor
20 shall submit each invoice within 60 days after the month in which the Contractor performs
21 services and in any case within 60 days after the end of the term or termination of this
22 Agreement.
23 3.4 Payment. The County shall pay each correctly completed and timely submitted
24 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
25 address specified in the invoice.
26 3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
27 expenses that are not specified as payable by the County under this Agreement.
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4
1 Article 4
2 Term of Agreement
3 4.1 Term. This Agreement is effective on the date that the parties sign this Agreement
4 and terminates on April 30, 2028, except as provided in section 4.2, "Extension," or Article 6,
5 "Termination and Suspension," below.
6 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
7 year periods only upon written approval of both parties at least 30 days before the first day of
8 the next one-year extension period. The Director of General Services or his or her designee is
9 authorized to sign the written approval on behalf of the County based on the Contractor's
10 satisfactory performance. The extension of this Agreement by the County is not a waiver or
11 compromise of any default or breach of this Agreement by the Contractor existing at the time of
12 the extension whether or not known to the County.
13 Article 5
14 Notices
15 5.1 Contact Information. The persons and their addresses having authority to give and
16 receive notices provided for or permitted under this Agreement include the following:
17
For the County:
18 Director of General Services
County of Fresno
19 333 W. Pontiac Way
Clovis, CA 93612
20 gsdcontracts@fresnocountyca.gov
21 For the Contractor:
Contract Manager
22 Sunbelt Rentals, Inc.
1799 Innovation Pt.
23 Fort Mill, SC 29715
contractteam ansunbeltrentals.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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1 an overnight commercial courier service, or by Portable Document Format (PDF) document
2 attached to an email.
3 (A) A notice delivered by personal service is effective upon service to the recipient.
4 (B) A notice delivered by first-class United States mail is effective three County
5 business days after deposit in the United States mail, postage prepaid, addressed to the
6 recipient.
7 (C)A notice delivered by an overnight commercial courier service is effective one
8 County business day after deposit with the overnight commercial courier service,
9 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
10 the recipient.
11 (D)A notice delivered by PDF document attached to an email is effective when
12 transmission to the recipient is completed (but, if such transmission is completed outside
13 of County business hours, then such delivery is deemed to be effective at the next
14 beginning of a County business day), provided that the sender maintains a machine
15 record of the completed transmission.
16 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
17 nothing in this Agreement establishes, waives, or modifies any claims presentation
18 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
19 of Title 1 of the Government Code, beginning with section 810).
20 Article 6
21 Termination and Suspension
22 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
23 contingent on the approval of funds by the appropriating government agency. If sufficient funds
24 are not allocated, then the County, upon at least 30 days' advance written notice to the
25 Contractor, may:
26 (A) Modify the services provided by the Contractor under this Agreement; or
27 (B) Terminate this Agreement.
28 6.2 Termination for Breach.
6
1 (A) Upon determining that a breach (as defined in paragraph (C) below) has
2 occurred, the County may give written notice of the breach to the Contractor. The written
3 notice may suspend performance under this Agreement, and must provide at least 30
4 days for the Contractor to cure the breach.
5 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
6 time stated in the written notice, the County may terminate this Agreement immediately.
7 (C) For purposes of this section, a breach occurs when, in the determination of the
8 County, the Contractor has:
9 (1) Obtained or used funds illegally or improperly;
10 (2) Failed to comply with any material part of this Agreement;
11 (3) Submitted a substantially incorrect or incomplete report to the County; or
12 (4) Improperly performed any of its obligations under this Agreement.
13 6.3 Termination without Cause. In circumstances other than those set forth above, the
14 County may terminate this Agreement by giving at least 30 days advance written notice to the
15 Contractor.
16 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
17 under this Article 6 is without penalty to or further obligation of the County.
18 6.5 County's Rights upon Termination. Upon termination for breach under this Article
19 6, the County may demand repayment by the Contractor of any monies disbursed to the
20 Contractor under this Agreement that, in the County's reasonable judgment, were not expended
21 in compliance with this Agreement. The Contractor shall promptly refund all such monies upon
22 demand. This section survives the termination of this Agreement.
23 Article 7
24 Independent Contractor
25 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
26 agents, employees, and volunteers, is at all times acting and performing as an independent
27 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
28 venturer, partner, or associate of the County.
7
1 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
2 manner or method of the Contractor's performance under this Agreement, but the County may
3 verify that the Contractor is performing according to the terms of this Agreement.
4 7.3 Benefits. Because of its status as an independent contractor, the Contractor has no
5 right to employment rights or benefits available to County employees. The Contractor is solely
6 responsible for providing to its own employees all employee benefits required by law. The
7 Contractor shall save the County harmless from all matters relating to the payment of the
8 Contractor's employees, including compliance with Social Security withholding and all related
9 regulations.
10 7.4 Services to Others. The parties acknowledge that, during the term of this
11 Agreement, the Contractor may provide services to others unrelated to the County.
12 Article 8
13 Indemnity and Defense
14 8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
15 County (including its officers, agents, employees, and volunteers) against all claims, demands,
16 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
17 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
18 the performance or failure to perform by the Contractor (or any of its officers, agents,
19 subcontractors, or employees) under this Agreement. The County may conduct or participate in
20 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
21 defend the County.
22 8.2 Survival. This Article 8 survives the termination of this Agreement.
23 Article 9
24 Insurance
25 9.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
26 Agreement.
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8
1 Article 10
2 Inspections, Audits, and Public Records
3 10.1 Inspection of Documents. The Contractor shall make available to the County, and
4 the County may examine at any time during business hours and as often as the County deems
5 necessary, all of the Contractor's records and data with respect to the matters covered by this
6 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
7 request by the County, permit the County to audit and inspect all of such records and data to
8 ensure the Contractor's compliance with the terms of this Agreement.
9 10.2 State Audit Requirements. If the compensation to be paid by the County under this
10 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
11 California State Auditor, as provided in Government Code section 8546.7, for a period of three
12 years after final payment under this Agreement. This section survives the termination of this
13 Agreement.
14 10.3 Public Records. The County is not limited in any manner with respect to its public
15 disclosure of this Agreement or any record or data that the Contractor may provide to the
16 County. The County's public disclosure of this Agreement or any record or data that the
17 Contractor may provide to the County may include but is not limited to the following:
18 (A) The County may voluntarily, or upon request by any member of the public or
19 governmental agency, disclose this Agreement to the public or such governmental
20 agency.
21 (B) The County may voluntarily, or upon request by any member of the public or
22 governmental agency, disclose to the public or such governmental agency any record or
23 data that the Contractor may provide to the County, unless such disclosure is prohibited
24 by court order.
25 (C)This Agreement, and any record or data that the Contractor may provide to the
26 County, is subject to public disclosure under the Ralph M. Brown Act (California
27 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
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1 (D)This Agreement, and any record or data that the Contractor may provide to the
2 County, is subject to public disclosure as a public record under the California Public
3 Records Act (California Government Code, Title 1, Division 10, Chapter 3, beginning
4 with section 7920.200) ("CPRA").
5 (E) This Agreement, and any record or data that the Contractor may provide to the
6 County, is subject to public disclosure as information concerning the conduct of the
7 people's business of the State of California under California Constitution, Article 1,
8 section 3, subdivision (b).
9 (F) Any marking of confidentiality or restricted access upon or otherwise made with
10 respect to any record or data that the Contractor may provide to the County shall be
11 disregarded and have no effect on the County's right or duty to disclose to the public or
12 governmental agency any such record or data.
13 10.4 Public Records Act Requests. If the County receives a written or oral request
14 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
15 and which the County has a right, under any provision of this Agreement or applicable law, to
16 possess or control, then the County may demand, in writing, that the Contractor deliver to the
17 County, for purposes of public disclosure, the requested records that may be in the possession
18 or control of the Contractor. Within five business days after the County's demand, the
19 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
20 possession or control, together with a written statement that the Contractor, after conducting a
21 diligent search, has produced all requested records that are in the Contractor's possession or
22 control, or (b) provide to the County a written statement that the Contractor, after conducting a
23 diligent search, does not possess or control any of the requested records. The Contractor shall
24 cooperate with the County with respect to any County demand for such records. If the
25 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
26 CPRA or other applicable law, it must deliver the record or data to the County and assert the
27 exemption by citation to specific legal authority within the written statement that it provides to
28 the County under this section. The Contractor's assertion of any exemption from disclosure is
10
1 not binding on the County, but the County will give at least 10 days' advance written notice to
2 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
3 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
4 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
5 failure to produce any such records, or failure to cooperate with the County with respect to any
6 County demand for any such records.
7 Article 11
8 Disclosure of Self-Dealing Transactions
9 11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation,
10 or changes its status to operate as a corporation.
11 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
12 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
13 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
14 the County before commencing the transaction or immediately after.
15 11.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
16 a party and in which one or more of its directors, as an individual, has a material financial
17 interest.
18 Article 12
19 General Terms
20 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
21 Agreement may not be modified, and no waiver is effective, except by written agreement signed
22 by both parties. The Contractor acknowledges that County employees have no authority to
23 modify this Agreement except as expressly provided in this Agreement.
24 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
25 under this Agreement without the prior written consent of the other party.
26 12.3 Governing Law. The laws of the State of California govern all matters arising from
27 or related to this Agreement.
28
11
1 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
2 County, California. The Contractor consents to California jurisdiction for actions arising from or
3 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
4 brought and maintained in Fresno County.
5 12.5 Construction. The final form of this Agreement is the result of the parties' combined
6 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
7 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
8 against either party.
9 12.6 Days. Unless otherwise specified, "days" means calendar days.
10 12.7 Headings. The headings and section titles in this Agreement are for convenience
11 only and are not part of this Agreement.
12 12.8 Severability. If anything in this Agreement is found by a court of competent
13 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
14 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
15 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
16 intent.
17 12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
18 not unlawfully discriminate against any employee or applicant for employment, or recipient of
19 services, because of race, religious creed, color, national origin, ancestry, physical disability,
20 mental disability, medical condition, genetic information, marital status, sex, gender, gender
21 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
22 all applicable State of California and federal statutes and regulation.
23 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
24 of the Contractor under this Agreement on any one or more occasions is not a waiver of
25 performance of any continuing or other obligation of the Contractor and does not prohibit
26 enforcement by the County of any obligation on any other occasion.
27 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
28 between the Contractor and the County with respect to the subject matter of this Agreement,
12
1 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
2 publications, and understandings of any nature unless those things are expressly included in
3 this Agreement. If there is any inconsistency between the terms of this Agreement without its
4 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
5 precedence first to the terms of this Agreement without its exhibits, then to the terms of the
6 Omnia Agreement, and then to the terms of the exhibits.
7 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
8 create any rights or obligations for any person or entity except for the parties.
9 12.13 Authorized Signature. The Contractor represents and warrants to the County that:
10 (A) The Contractor is duly authorized and empowered to sign and perform its
11 obligations under this Agreement.
12 (B) The individual signing this Agreement on behalf of the Contractor is duly
13 authorized to do so and his or her signature on this Agreement legally binds the
14 Contractor to the terms of this Agreement.
15 12.14 Agent for Service of Process. The Contractor represents to County that the
16 Contractor's agent for service of process in California, and that such agent's address for
17 receiving such service of process in California, which information the Contractor shall maintain
18 with the office of the California Secretary of State, is as follows:
19 1505 Corporation C T Corporation System
20 330 N Brand Blvd Suite 700
21 Glendale, CA 91203
22 Los Angeles County
23 The Contractor further represents to the County that if the Contractor changes its agent for
24 service of process in California, or the Contractor's agent for service of process in California
25 changes its address for receiving such service of process in California, which changed
26 information the Contractor shall maintain with the office of the California Secretary of State, the
27 Contractor shall give the County written notice thereof within five (5) calendar days thereof
28 pursuant to Article 5 of this Agreement.
13
1 12.15 Electronic Signatures. The parties agree that this Agreement may be executed by
2 electronic signature as provided in this section.
3 (A) An "electronic signature" means any symbol or process intended by an individual
4 signing this Agreement to represent their signature, including but not limited to (1) a
5 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
6 electronically scanned and transmitted (for example by PDF document) version of an
7 original handwritten signature.
8 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
9 equivalent to a valid original handwritten signature of the person signing this Agreement
10 for all purposes, including but not limited to evidentiary proof in any administrative or
11 judicial proceeding, and (2) has the same force and effect as the valid original
12 handwritten signature of that person.
13 (C)The provisions of this section satisfy the requirements of Civil Code section
14 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
15 Part 2, Title 2.5, beginning with section 1633.1).
16 (D) Each party using a digital signature represents that it has undertaken and
17 satisfied the requirements of Government Code section 16.5, subdivision (a),
18 paragraphs (1) through (5), and agrees that each other party may rely upon that
19 representation.
20 (E) This Agreement is not conditioned upon the parties conducting the transactions
21 under it by electronic means and either party may sign this Agreement with an original
22 handwritten signature.
23 12.16 Counterparts. This Agreement may be signed in counterparts, each of which is an
24 original, and all of which together constitute this Agreement.
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26 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
SUNBELT RENTALS, INC. COUNTY OF FRESNO
3
4 7ans, Ca Gf oii
I:i �t C:a roc ri( ,-ttc �r1 i'3)FOTi
5 Janet Carlson, Contract Manager Ernest Buddy Men es, Chairman of the
Board of Supervisors of the County of Fresno
6 1799 Innovation Pt.
Fort Mill, SC 29715 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
By:
10 eputy
11 For accounting use only:
12 Org No.: 8910
Account No.: 7355
13 Fund No.: 1000
Subclass No.: 10000
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15
Exhibit A
1 Scope of Work
2 A. Scope. The Contractor shall perform all duties, responsibilities and obligations, set forth
3 in this Agreement and based upon the OMNIA Agreement, as well as RFP #24-15, both
4 located at https://www.omniapartners.com/suppliers/sunbelt-rentals-inc/public-
5 sector/contract-documents#contract-217C, and incorporated herein by reference as
6 though fully set forth herein.
7 B. Commencement of Work. The Contractor shall not commence services under this
8 Agreement until the Contractor receives a work order number for such work, or is
9 otherwise directed to do so in writing by the County.
10 C. Delivery. Conforming equipment and/or tools ("Products") shall be shipped within 7 days
11 of receipt of a work order number from the County. If delivery is not or cannot be made
12 within this time period, the Contractor must receive written authorization for the delayed
13 delivery from County. The order may be canceled if the estimated shipping time outside
14 of the 7-day time period is not acceptable to County. All deliveries shall be freight
15 prepaid, Freight On Board Destination, and shall be included in all pricing offered, unless
16 otherwise clearly stated in writing.
17 D. Discontinued Products. If a Product model is discontinued by the manufacturer, the
18 Contractor may substitute a new Product model if the replacement Product meets or
19 exceeds the specifications and performance of the discontinued model and if the
20 discount is the same or greater than the discontinued model, and with prior notification to
21 County.
22 E. New Products. Subject to the Maximum Compensation amount as identified in Section
23 3.2 of the Agreement, new Products that are subject to this Scope of Work (which
24 includes the OMNIA Agreement and RFP #24-15 by reference) may be added to the
25 Agreement. Pricing shall be equivalent to the percentage discount for other Products.
26 The County may require additions to be submitted with documentation demonstrating an
27 interest in, or a potential requirement for, the new Product. The County may reject any
28
A-1
Exhibit A
1 additions without cause. However, no Products may be added to avoid competitive
2 procurement requirements.
3 F. Options. Optional enhancements for Products under this Agreement may be added to
4 the Agreement at the time they become available under the following conditions: 1) the
5 option is priced at a discount similar to other options; 2) the option is an enhancement to
6 the unit that improves performance or reliability. All additions are subject to the
7 Agreement's Maximum Compensation.
8 G. Warranty Conditions. The Products provided will be warrantied for the duration of the
9 rental period.
10 H. Site Cleanup. The Contractor shall clean up and remove all debris and rubbish resulting
11 from performance of the Contractor's services, including the delivery and/or retrieval of
12 Products, as required or directed. Upon completion of these services, the premises shall
13 be left in good repair and an orderly, neat, clean, safe and unobstructed condition.
14 I. Safety measures. The Contractor shall take all reasonable precautions for the safety of
15 employees on site and shall erect and properly maintain all necessary safeguards for
16 protection of workers and the public. The Contractor shall post warning signs against all
17 hazards created by delivering and retrieving Products, as well as maintenance or repair
18 to the Products. Proper precautions shall be taken pursuant to state law and standard
19 practices to protect workers, general public and existing structures from injury or
20 damage.
21 J. Emergency orders. The Contractor shall provide response for emergency Product
22 delivery and shall offer 24/7 emergency response. The Contractor shall maintain a fleet
23 of disaster response trailers, equipped with various Products, that are strategically
24 placed throughout the United States for optimal coverage and efficiency prior to
25 hurricanes or other disasters landing. In addition, the Contractor shall have a business
26 continuity plan that covers the functions of its support office and system-critical
27 operations.
28
A-2
Exhibit A
1 1. After-hours calls, off-hours, nights, weekends, holidays and off-hour repairs, can
2 be made to the Contractor's Customer Service line at 888-880-2877. A local
3 Contractor team member shall make every effort to respond to the County's
4 after-hours call verbally, by email, or text message within one hour, but if that
5 response takes 2 hours or more, one day's rental for a Product requiring repair is
6 free. In the event of an after-hours emergency resulting in the opening of the
7 Contractor's location, an opening fee of$300.00 will be charged per location.
8 K. Delivery timeline. The Contractor shall have on-time delivery within an hour of the
9 quoted delivery time. If a delivery truck is running behind schedule, the Contractor's
10 dispatcher shall be responsible to notify the County and let the County know the new
11 expected delivery time.
12 L. Return and restocking. When equipment is ready for a pick-up, the Contractor shall
13 provide and use a pickup checklist ("Pickup Checklist") to capture all necessary
14 information from the County, which will be verified with the County's Representative at
15 each specific location. The Contractor shall schedule pick-ups for the next day in order
16 to accommodate the County's site logistics and planning the Contractor's routing plan
17 and issue the County a call off number ("Call Off Number"), the Contractor's numerical
18 confirmation that a rental has ended and the unit is scheduled for pickup with no
19 additional charges accruing.
20 M. Service and warranty needs. The Contractor shall provide 24/7 Customer Service
21 coverage in addition to a Key Account Service Team and Account Managers to provide
22 ongoing rental equipment and tool services. The Contractor's Account Managers will
23 work with the County to determine the most effective and efficient ways to provide
24 Products to optimize the County's rental service needs.
25 N. Service/problem resolution process. The Contractor shall provide reliable, high-
26 quality Products, as scheduled, to any County location requested. The Contractor shall
27 provide service on these Products as needed, repairing or replacing any downed
28 Product promptly so the County's operations are not impeded.
A-3
Exhibit B
Fee Schedule
Sunbelt Rentals Statement of Pricing
The Contractor currently provides rental solutions in over 175 equipment categories with
pricing proposals containing their"Top Items" list made up of the most frequently rented public
sector items and based on historical usage data. In addition to the market basket items, the
Contractor offers for Day, Week, and Month rates for all catalog items. The Contractor's catalog
can be located at tps://www.sunbeltrentals.con or by contacting a local Sunbelt Rentals
location. Discounts are as follows: 5% off of Day, 10% off of Week, and 12% off of the Monthly
rate.
Rental rate pricing is developed by geographic area and is based on input from local,
regional, and national market conditions relative to public sector equipment trends. Rates can
vary over time based on market conditions, and geographic area. However, the discount
remains the same. All market basket and discounted prices are ceiling rates flagged as Not to
Exceed ("NTE") within the Contractor's system.
Category Class Cat- Description Day Rate Week Month
Class Rate Rate
1 30 130 185CFM 125PSI DIESEL AIR COMPRESSOR $115.00 $290.00 $670.00
6 1 61 SPIDER BOX TPB50P $75.00 $200.00 $580.00
7 8 78 20' ELECT SCISSORLIFT $155.00 1 $270.00 $455.00
7 10 710 25-26' ELECT SCISSORLIFT 46"WIDE $180.00 $340.00 $665.00
7 11 711 25-26' ELECT SCISSOR NARROW $180.00 $340.00 $665.00
7 16 716 40-44' ELECT SCISSOR NARROW $320.00 $750.00 $1,745.00
7 25 725 19' ELECT SCISSORLIFT $155.00 $270.00 $455.00
7 28 728 30-33' ELECT SCISSOR $230.00 $555.00 $1,195.00
7 29 729 30-33' ELECT SCISSOR NARROW $230.00 $555.00 $1,195.00
9 30 930 20KW DIESEL GENERATOR $190.00 $520.00 $1,195.00
9 40 940 36KW DIESEL GENERATOR $255.00 $680.00 $1,595.00
9 70 970 56KW DIESEL GENERATOR $350.00 $935.00 $2,150.00
9 100 9 100 100KW DIESEL GENERATOR $490.00 $1,165.00 $3,070.00
10 535 10 535 15KW ELECTRIC HEATER 480V 3PH $210.00 $310.00 $930.00
10 540 10 540 30KW ELECTRIC HEATER 480V 3PH $210.00 $310.00 $930.00
12 405 12 405 4000W NARROW VERTICAL MAST LIGHT TOWER $110.00 $250.00 $555.00
12 410 12 410 4000W NARROW HORIZONTAL MAST LIGHT TOWER $110.00 $250.00 $555.00
12 415 12 415 4000W WIDE VERTICAL MAST LIGHT TOWER $110.00 $250.00 $555.00
18 5 185 TRENCH ROLLER W/REMOTE $310.00 $815.00 $1,855.00
20 40 2040 14" ELECTRIC CUTOFF SAW $85.00 $195.00 $540.00
20 50 2050 14" GAS CUTOFF SAW $85.00 $195.00 $540.00
20 70 2070 16" GAS CUTOFF SAW $85.00 $195.00 $540.00
22 120 22 120 36" DOUBLE DRUM RIDE-ON ROLLER $245.00 $730.00 $1,660.00
22 140 22 140 47" DOUBLE DRUM RIDE-ON ROLLER DIESEL $270.00 $760.00 $1,875.00
24 1102 24 1102 12-DECK SINGLE AXLE TILT TRAILER< 10K# $55.00 $170.00 $435.00
32 220 32 220 CONCRETE PLANER 8" GAS $265.00 $675.00 $1,725.00
B-1
Exhibit B
Category Class Cat- Description Day Rate Week Month
Class Rate Rate
35 120 35 120 3,500LB MINI EXCAVATOR $275.00 $750.00 $1,745.00
35 130 35 130 6,000LB MINI EXCAVATOR $295.00 $775.00 $1,775.00
35 135 35 135 6,000LB MINI EXCAVATOR CAB $300.00 $790.00 $1,795.00
35 140 35 140 7,500LB MINI EXCAVATOR $305.00 $810.00 $1,800.00
35 145 35 145 7,500LB MINI EXCAVATOR CAB $310.00 $820.00 $1,820.00
37 80 3780 24"TRACK TRENCHER WALK BEHIND $245.00 $540.00 $1,640.00
37 85 3785 36"TRACK TRENCHER WALK BEHIND $250.00 $685.00 $1,775.00
39 60 3960 12"CHIPPER $465.00 $1,205.00 $2,985.00
40 9 409 SWEEPER MID-SIZE W/B BATTERY $165.00 $520.00 $880.00
40 31 4031 SWEEPER COMPACT RIDE-ON BATTERY $285.00 $805.00 $1,730.00
40 35 4035 SWEEPER MID-SIZED RIDE-ON LP $395.00 $1,440.00 $2,520.00
40 37 4037 SWEEPER FULL-SIZED RIDE-ON LP $405.00 $1,520.00 $2,750.00
40 45 4045 LITTER VACUUM RIDE-ON -OUTDOOR $445.00 $1,465.00 $2,850.00
40 110 40 110 SCRUBBER W/B 20" PATH BATTERY $165.00 $480.00 $900.00
40 115 40 115 SCRUBBER W/B 28" PATH BATTERY $225.00 $575.00 $1,650.00
40 118 40 118 SCRUBBER W/B MIDSIZE 28" $190.00 $580.00 $1,235.00
40 120 40 120 SCRUBBER W/B 32" PATH BATTERY $295.00 $875.00 $1,850.00
40 200 40 200 SCRUBBER MICRO RIDE-ON BATTERY $270.00 $945.00 $1,840.00
40 220 40 220 SCRUBBER INDUSTRIAL RIDE-ON LPG $560.00 $1,800.00 $4,015.00
40 230 40 230 SWEEPER/SCRUBBER INDUSTRIAL RIDE-ON LPG $600.00 $1,935.00 $4,135.00
41 163 41 163 6X6X11 SOLIDS VAC 74HP QF CONTR PUMP $300.00 $875.00 $3,295.00
43 230 43 230 3"GAS TRASH PUMP $75.00 $190.00 $470.00
48 400 48 400 1500-2000LB SKIDSTEER $240.00 $700.00 $1,395.00
48 410 48 410 1500-2000LB SKIDSTEER CAB $245.00 $725.00 $1,480.00
48 510 48 510 1500-2100LB TRACK SKIDSTEER $285.00 $850.00 $2,050.00
48 530 48 530 1500-2100LB TRACK SKIDSTEER CAB $300.00 $895.00 $2,130.00
49 6 496 SKIDSTEER/MINI EX AUGER ATTACHMENT $110.00 $290.00 $780.00
53 230 53 230 4WD STANDARD BACKHOE CANOPY $315.00 $870.00 $1,140.00
55 220 55 220 5K 14-17' DF IND FORKLIFT $230.00 $585.00 $1,325.00
55 235 55 235 5K 12-15' DF LOW MAST IND FORKLIFT $230.00 $585.00 $1,325.00
56 230 56 230 5.5K 19'TELEHANDLER FORKLIFT $330.00 $830.00 $2,025.00
56 235 56 235 5.5K 19'CAB TELEHANDLER FORKLIFT $340.00 $880.00 $2,145.00
56 320 56 320 6K 34'-36'TELEHANDLER FORKLIFT $390.00 $975.00 $2,250.00
56 330 56 330 6K-7K 42'TELEHANDLER FORKLIFT $390.00 $975.00 $2,250.00
56 335 56 335 6K-7K 42'CAB TELEHANDLER FORKLIFT $400.00 $995.00 $2,350.00
56 620 56 620 10K 55'TELEHANDLER FORKLIFT $635.00 $1,600.00 $3,350.00
56 625 56 625 10K 55'CAB TELEHANDLER FORKLIFT $675.00 $1,685.00 $3,480.00
58 45 5845 34'TOWABLE ART MANLIFT $330.00 $790.00 $1,980.00
58 49 5849 50'TOWABLE ART MANLIFT $365.00 $990.00 $2,250.00
58 301 58 301 30'ART ELEC MANLIFT NARROW ROTAJIB $330.00 $825.00 $1,795.00
B-2
Exhibit B
Category Class Cat- Description Day Rate Week Month
Class Rate Rate
58 318 58 318 34-35'ART MANLIFT ELECT NARROW $335.00 $865.00 $1,895.00
58 343 58 343 34'ART MANLIFT $325.00 $725.00 $1,725.00
58 424 58 424 40'STR MANLIFT $340.00 $760.00 $1,850.00
58 426 58 426 45'STR MANLIFT W/JIB $340.00 $760.00 $1,850.00
58 434 58 434 40'ART ELECT MANLIFT NARROW $355.00 $915.00 $2,150.00
58 435 58 435 40'ART ELECT MANLIFT NARROW JIB $355.00 $915.00 $2,150.00
58 440 58 440 45'ART ELECT MANLIFT JIB $360.00 $930.00 $2,250.00
58 445 58 445 45'ART ELECT MANLIFT $360.00 $930.00 $2,250.00
58 455 58 455 45'ART MANLIFT $340.00 $760.00 $1,850.00
58 457 58 457 45'ART MANLIFT W/JIB $340.00 $760.00 $1,850.00
58 605 58 605 60'ART MANLIFT $450.00 $1,195.00 $2,715.00
58 607 58 607 60'ART MANLIFT W/JIB $450.00 $1,195.00 $2,715.00
58 624 58 624 60'STR MANLIFT $450.00 $1,195.00 $2,715.00
58 626 58 626 65'STR MANLIFT W/JIB $450.00 $1,195.00 $2,715.00
58 803 58 803 80'ART MANLIFT W/JIB $715.00 $1,775.00 $4,075.00
58 822 58 822 80'STR MANLIFT $715.00 $1,775.00 $4,075.00
58 823 58 823 85'STR MANLIFT W/JIB $715.00 $1,775.00 $4,075.00
58 855 58 855 120'STR MANLIFT W/JIB $1,310.00 $3,525.00 $8,275.00
64 220 64 220 PLATE TAMPER 200LB CLASS 19.5"WIDE $95.00 $250.00 $600.00
107 105 107 105 1T OFFICE PORTABLE AC/DEHU 110V $195.00 $395.00 $995.00
107 112 107 112 1.25T CLASSIC PORTABLE AC/DEHU $195.00 $395.00 $995.00
107 2018 1072018 1T PORTABLE HEAT PUMP/AC/DEHU $195.00 $395.00 $995.00
108 216 108 216 12 TON AIR CONDITIONER W/HEATER 208V 3PH $500.00 $1,300.00 $2,650.00
108 230 108 230 25 TON AIR CONDITIONER W/HEATER 480V 3PH $575.00 $1,500.00 $3,950.00
108 245 108 245 40 TON AIR CONDITIONER NON-XP NEMA 4 $595.00 $1,650.00 $5,450.00
109 1005 1091005 10 TON SCROLL CHILLER $360.00 $1,080.00 $3,260.00
109 1270 1091270 70 TON SCROLL CHILLER $730.00 $2,210.00 $6,185.00
120 120 120 120 65LB CLASS DEMOLITION HAMMER $115.00 $310.00 $745.00
150 25 15025 3/4"X 50'AIR COMPRESSOR HOSE $13.00 $25.00 $55.00
150 800 150 800 50'SPIDERBOX CABLE 6/4 $35.00 $110.00 $320.00
152 3310 1523310 6X20 ORANGE/CLEAR SUC BAUER HOSE $35.00 $110.00 $320.00
155 67 15567 50'#2 BANDED 5-WIRE $16.00 $80.00 $225.00
155 100 155 100 4/0 CAMLOCK CABLE 50' $35.00 $110.00 $320.00
155 245 155 245 CABLE RAMPS $10.80 $35.00 $75.00
5%off 10%off 12%off
RFQ RFQ RFQ Any Sunbelt Item Not Listed Local Local Local
Book Book Book
Rates Rates Rates
Additional Charges and Shift Rate Schedule (if applicable)
B-3
Exhibit B
Rental rates are not inclusive of the following charges:
• Taxes and Surcharges: The County will be responsible for all applicable taxes and
governmental fees and any applicable transportation and fuel surcharges.
• Fuel Charges: Products, if applicable, will be delivered full of fuel. If a Product is not
returned full, the fuel amount used will be charged at the pay on return full-service price per
gallon posted at the location at the time of return.
• Labor Rates: Labor rates will be charged for service work done in relation to this
Agreement, as well as any County-work related damage service done on rented Products.
Rates will be charged at prevailing area rates and will be quoted prior to performing work.
• After-Hours Store Opening Fee: Should an after-hours call require an employee to
open a Sunbelt Rentals location for equipment pick-up, loading or unloading, or other event,
an After-Hours Emergency Response Charge of$300.00 will be assessed for each
occurrence and will be independent of any standard charges that shall apply to the order.
This charge will not apply to any after-hours service calls, or Product swap-outs resulting
from service-related issues.
• Mobilization Fees: Costs associated with preparing, moving and deploying Products
relative to emergency response, after hours, and large-scale equipment and accessory
deployments shall be quoted and agreed upon by the County prior to services being
rendered.
• Additional Freight Charges: Additional charges may apply for permitted loads,
overweight loads, third party carriers, and tolls. Fees will be quoted prior to services being
rendered.
• Consumables: All rates quoted are for the Product rental services only. Consumables
("Consumables") such as blades, bits, and discs are additional charges, whether they are
sold or rented. Some Consumables will be sold as there will be no residual value after use.
Other Consumables will be rented (such as diamond blades, dyma grinder wheels, and core
bits). The rental rate for these Consumable do not include any applicable wear charges, or
charges associated with normal deterioration of similar Consumable rentals. Each rental
Consumable will have individual rates that are charged per unit of usage based on the type
of Consumable.
• Damages and Cleaning Fees: The County will be responsible for any damages to
Products outside of normal wear and tear. The County will be notified of these damages and
the charge amounts prior to repair services being rendered by the Contractor. Cleaning fees
may be applicable if a Products is returned with excess debris, concrete, etc. that requires
excess time to clean or remove from the Product.
• Environmental Charges: The environmental fee is NOT a government mandated tax or
fee. It is a fee designed to offset continually rising environmental-related costs and to help
the Contractor manage our stores in an environmentally friendly manner.
• Shift Rate Schedule
Daily: 24 Hours 8 Equipment Hours (By Hour Meter)
Weekly: 7 days 40 Equipment Hours (By Hour Meter)
Monthly: 28 Days 160 Equipment Hours (By Hour Meter)
• Shift Rates (for diesel driven generators, pumps and air compressors):
Double Shift Rate = 1.5 X Day/Week/ Month Rate
8 - 16 hours per day
40.1 - 80 hours per week
160.1 - 320 hours per month.
Triple Shift Rate = 2 X Day/Week/ Month Rate
B-4
Exhibit B
16.1+ hours per day
80.1+ hours per week
320.1+ hours per month
• Overtime Charges: Overtime charges for engine drive equipment (excluding diesel
engine generators, pumps and air compressors) will be calculated as follows:
Divide the quoted rate by the hours allowed and multiply by the number of hours used over
and above the hours allowed.
o During a Declared State of Emergency, or a pending or existing disaster or
catastrophe, natural hurricane, tornado, flood, etc.) or otherwise a one-week
minimum rental period at triple shift rates will apply for all diesel generators and
pumps.
Any Additional Charges must be agreed upon by the County prior to Products being delivered or
services being rendered. These will be quoted and invoiced on an as-needed basis depending
on the situation or Product being rented. Any and all additional charges are subject to the
Maximum Compensation amount.
B-5
Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions
that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
C-1
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date:
C-2
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, the Contractor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Contractor's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
The Contractor may satisfy the policy requirements above through a program of self-insurance,
including an insurance pooling arrangement or joint exercise of powers agreement.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Contractor shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
Floor, Fresno, California 93721, or , and by
mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
D-1
Exhibit D
(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 sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D)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.
(E) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(F) 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-2
Exhibit E
Fresno County Probation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities
Fresno County Probation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities (Title 15, §
1327)
400.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a plan to appropriately respond to emergencies within
the facility and to ensure all affected staff members receive timely training regarding emergency
response. This policy is intended to protect the community, staff members, visitors, youth, and all
others who enter the Juvenile Justice Campus(JJC), while allowing the facility to fulfill its primary
purpose (15 CCR 1327).
Facility emergencies related to fire will be addressed in the Fire Safety Plan Policy.
400.2 POLICY
It is the policy of this Department to have emergency response plans in place to quickly and
effectively respond to and minimize the severity of any emergency within the facility.
400.3 EMERGENCY PROCEDURES
The Chief Probation Officer or the authorized designee shall develop, publish, and periodically
review and update facility-specific policies, procedures, and emergency response plans that shall
include but not be limited to (15 CCR 1327):
(a) Escapes, disturbances, and the taking of hostages.
(b) Civil disturbances, active shooters, and terrorist attacks.
(c) Fire and natural disasters.
(d) Periodic testing of emergency equipment.
(e) Mass arrests.
(f) Emergency evacuation of the facility (see the Emergency Evacuation Plan Policy).
(g) A program to provide all youth supervision staff members with an annual review of
emergency procedures.
(h) Other emergencies as needs are identified.
The facility emergency response plans are intended to provide all staff members with current
methods, guidelines, and training for minimizing the number and severity of emergency events
that may threaten the security of the facility or compromise the safety of staff members, youth,
or the community.
The emergency response plans are intended to provide information on specific assignments and
tasks for staff members. Where appropriate, the emergency response plans will include persons
E-1
Exhibit E
Fresno County Probation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities
and emergency departments to be notified.
The emergency response plans shall include procedures for continuing to house youth in the
facility, the identification of alternative facilities outside the boundaries of the disaster or threat
and the potential capacity of those facilities, youth transportation options, and contact information
for allied agencies.
The emergency response plans shall be made available to all staff members, contractors, and
volunteers working in the facility as needed. Confidential policies and procedures that relate to
the security of the facility may be kept in a separate manual (15 CCR 1327).
400.3.1 EMERGENCY SUSPENSION OF REQUIREMENTS
The Chief Probation Officer or the authorized designee shall authorize only those regulations
directly affected by the emergency to be suspended. When a suspension occurs for longer than
three days, the Chief Probation Officer or the authorized designee shall notify the Board of State
and Community Corrections in writing. In no event shall a suspension continue for more than 15
days without the approval of the Chairperson of the Board of State and Community Corrections
for a time specified by the Chairperson (see the Emergency Suspension of Standards or
Requirements attachment).
400.4 LOCKDOWN
Upon detecting any significant incident that threatens the security of the facility, such as a riot,
power outage or hostage situation, staff members shall immediately notify Institutional Core
Central Control (ICCC) and the Watch Commander. The Watch Commander may determine
whether to order a partial or full Iockdown of the facility and shall notify the Deputy Chief or the
authorized designee as soon as practicable.
If a Iockdown is ordered, all youth will be directed back to their housing areas. All youth in transit
within the facility will either be escorted back to their housing areas or to another secure location.
The Watch Commander should instruct staff members not directly involved in the Iockdown to
escort any visitors and nonessential contractors out of the facility.
A head count shall be immediately conducted for all youth, visitors, contractors, volunteers, and
staff members. The Watch Commander shall be immediately notified of the status of the head
count. If any person is unaccounted for,the Watch Commander shall direct an immediate search of
the facility and notify the Chief Probation Officer or the authorized designee as soon as practicable.
All visitors and volunteers will be required to enter through the lobby and sign the visitor logbook
when they enter and leave the facility. If the lobby is closed, the visitor logbook will be placed in
a designated area for them to sign accordingly. ICCC shall log in all vehicles and the number of
people in the vehicle. In the event the camera or speaker box is not working, the ICCC officer
shall work with security officers to determine the number of people in the vehicle. When leaving
the facility, the maintenance/contractor worker(s) shall call ICCC if the camera or speaker box is
not working properly to inform them they are leaving the facility. The ICCC officer shall log that
the maintenance/contractor(s) left the facility.
Lockdown shall not be used as a form of punishment. It is only intended to facilitate order and
E-2
Exhibit E
Fresno County Probation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities
maintain security of the JJC.
400.5 HUNGER STRIKE
Upon being made aware that one or more youth is engaging in a hunger strike, the staff member
will notify the Watch Commander, who will notify the Chief Probation Officer or the authorized
designee. The Chief Probation Officer or the authorized designee should evaluate the basis for
the strike and seek an appropriate resolution.
The Chief Probation Officer or the authorized designee shall notify the youth's parent/guardian,the
youth's probation officer, the local authority having supervisory jurisdiction, and the youth's social
worker(if applicable) of the incident and periodically provide updates on the status of the youth.
400.5.1 NOTIFICATION OF QUALIFIED HEALTH CARE PROFESSIONALS
The Chief Probation Officer or the authorized designee shall notify the Medical Director to review,
coordinate, and document any medical actions taken, based on protocols and/or at the direction
of qualified health care professionals, in response to a hunger strike.
Qualified health care professionals shall monitor the health of any youth involved in a hunger
strike and make recommendations to the Chief Probation Officer or the supervisory staff member
responsible for oversight of the incident.
If a youth is engaging in a hunger strike due to a mental condition, the appropriate medical
protocols for mental health will be followed.
400.5.2 RESPONSE TO HUNGER STRIKES
Beginning at the line staff member level, a resolution to grievances shall be sought at the lowest
level. The Youth Grievances Policy shall guide staff members on resolving youth grievances.
If the hunger strike remains unresolved, the Chief Probation Officer or the authorized designee
may direct the appropriate staff member to observe the room area, including trash containers, of
the youth involved for evidence of food items and of food hoarding.
400.5.3 LEGAL GUIDANCE
If attempts to resolve the grievance are unsuccessful or not reasonably possible, the Chief
Probation Officer shall consider consulting with legal resources as appropriate to develop other
steps to resolve the issues.
400.6 RESPONSE TO DISTURBANCES
Staff members shall attempt to minimize the disruption to normal facility operations caused by
a disturbance by attempting to isolate and contain the disturbance to the extent possible. Staff
members when applicable shall immediately notify the Chief Probation Officer through the chain
of command of the incident (15 CCR 1327).
400.6.1 NOTIFICATIONS
The Watch Commander shall notify the Chief Probation Officer or the authorized designee of the
disturbance as soon as practicable through the chain of command.
The Chief Probation Officer or the authorized designee shall notify the involved youth's parent/
guardian, the youth's probation officer, the local authority having supervisory jurisdiction, and the
E-3
Exhibit E
Fresno County Probation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities
youth's social worker (if applicable) as soon as practicable (15 CCR 1327).
400.6.2 NOTIFICATION OF QUALIFIED HEALTH CARE PROFESSIONALS
If medical action reasonably appears necessary, the Chief Probation Officer or the authorized
designee shall notify the appropriate qualified health care professionals to review, coordinate,and
document medical actions based on protocols and/or at the direction of the Medical Director(15
CCR 1327).
400.6.3 REPORTING
The Chief Probation Officer or the authorized designee shall order that an incident report be
completed with the details of the disturbance no later than the end of the shift (see the Report
Preparation Policy). If appropriate, a crime report shall be initiated, and prosecution sought (15
CCR 1327).
400.7 RIOTS
Riots occur when youth forcibly and/or violently take control, or disrupt in large numbers with
violence or attempt to take control of any area within the Juvenile Justice Campus.
Staff members shall make reasonable attempts to prevent youth-on-youth violence but shall also
take measures to avoid aggravating the problem and making the situation worse (15 CCR 1327).
400.7.1 RESPONSE TO RIOTS
Once the area of the disturbance is secured and isolated from other areas of the facility, time
is generally on the side of officers. If possible, the process of quelling the disturbance should
slow down so officers can develop response plans, ensure there are adequate facility personnel
to effectively take the required actions, and ensure that responding officers are appropriately
equipped with protective gear.
Officers shall evaluate their response given the totality of circumstances in any situation, but
generally shall not enter the space where a riot is occurring until sufficient officers are present to
safely suppress the riot. Nothing in this policy shall prohibit any staff member from assisting other
staff members who are being assaulted.
Other housing units must be secured, with sufficient officers remaining at their posts to continue
to supervise the unaffected units.
If officers are unable to contain, control, and resolve the riot, a request for assistance shall be
made to the appropriate law enforcement agency (see the Mutual Aid section in this policy). The
request shall be made by the Chief Probation Officer or the authorized designee. When the riot
has been suppressed, all involved officers must immediately return to their assigned posts and
normal operations should resume.
All youth who have participated in a riot shall be separated and secured as soon as practicable.
If necessary, injured youth shall receive a medical evaluation and treatment. If an injured youth
is medically cleared to remain in the Juvenile Justice Campus, the youth will be reclassified and
moved to appropriate housing. If a crime has occurred with injury or death due to the riot, the
Fresno Sheriffs Office shall be notified to investigate the matter (15 CCR 1327).
E-4
Exhibit E
Fresno County Probation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities
400.7.2 QUALIFIED HEALTH CARE PROFESSIONAL RESPONSE
If necessary, a Watch Commander or the authorized designee should notify the qualified health
care professionals and identify a staging area for medical emergency responders and for medical
triage.
The Medical Director or the authorized designee shall be included in developing the response
plan as it relates to the potential for a medical response, medical triage and treatment activities,
and the safety and security of medical staff members during the incident (15 CCR 1327).
400.7.3 NOTIFICATIONS
As soon as practicable, the Watch Commander or a responsible officer shall notify the Chief
Probation Officer or the authorized designee.
The Chief Probation Officer or the authorized designee shall notify any involved youth's parent/
guardian, the youth's probation officer, the local authority having supervisory jurisdiction, and the
youth's social worker (if applicable) (15 CCR 1327).
400.7.4 REPORTING
The Chief Probation Officer or the authorized designee shall order that a report be written detailing
the incident by the end of the shift (see the Report Preparation Policy) unless approved by a
supervisor to be completed at a later time (15 CCR 1327).
400.8 HOSTAGES
The Department does not recognize the taking of hostages as a reason to relinquish control of
the Juvenile Justice Campus. Signage will be posted in the lobbies, and visiting area that JJC is
a no hostage facility.
It is the policy of the Fresno County Probation Department to use all available resources
reasonably necessary to bring about a successful end to a hostage situation (15 CCR 1327).
400.8.1 RESPONSE TO HOSTAGE INCIDENT
Institutional Core Central Control (ICCC) should immediately be notified at the earliest sign of a
hostage incident. Institutional Core Central Control (ICCC)shall notify the Chief Probation Officer
through the chain of command as soon as practicable.
400.8.2 The Chief Probation Officer or the authorized designee shall make every effort to
ensure that the hostage incident remains confined to the smallest area possible. All
door controls accessible to youth shall be disabled. Emergency exits that lead outside
the secure perimeter shall be guarded (15 CCR 1327).NOTIFICATION OF
QUALIFIED HEALTH CARE PROFESSIONALS
At the direction of the Watch Commander or the authorized designee, the qualified health care
professionals shall be notified in order to identify a location and form a logistical plan for medical
triage. The location also shall serve as a medical staging area for other medical emergency
responders (15 CCR 1327).
400.8.3 HOSTAGE RESCUE
Communications with the hostage-taker should be established as soon as practicable. The Watch
E-5
Exhibit E
Fresno County Probation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities
Commander or the authorized designee shall document, if known, the number of hostages, any
demands, and any injuries. No promises or denials will be made until a hostage negotiator arrives
on scene. Hostage-taker demands for officers to open doors will not be met. A hostage rescue
team should be immediately summoned, and the established protocols for resolving the situation
shall be implemented. The Chief Probation Officer or the authorized designee shall be consulted
regarding decisions faced by the hostage rescue team (15 CCR 1327).
400.8.4 REPORTING
Following the conclusion of a hostage incident, the Chief Probation Officer or the authorized
designee shall order that an incident report be completed by the end of the shift (see the Report
Preparation Policy) unless approved by as supervisor at a later time (15 CCR 1327).
400.9 ESCAPES
Upon being made aware that an escape may have occurred or did occur, the staff member shall
notify the on-duty Watch Commander. The Watch Commander shall notify the Chief Probation
Officer through the chain of command as soon as practicable.
Once the escape is verified and immediate actions have been taken inside the facility (e.g.,
lockdown), the Watch Commander should ensure that all local law enforcement agencies are
notified (15 CCR 1327).
400.9.1 YOUTH COUNTS
As soon as the facility is fully locked down, a full youth head count should be taken.
All youth who are outside of the secure perimeter of the facility (e.g., court, work details) shall
be located and identified. The identity of any missing youth shall be disclosed, and the youth's
facility record shall be accessed by the Chief Probation Officer or the authorized designee (15
CCR 1327).
400.9.2 SEARCH
Concurrent with the lockdown, the area surrounding the facility shall be searched for the escapee.
Areas where a youth may be hiding or may have discarded clothing shall be searched first. Any
witnesses shall be interviewed.
Booking staff members will develop a flyer with the youth's name, description, latest picture,
classification status, and charges, and supply it to other staff members and local law enforcement.
Local law enforcement shall also be given the youth's last known address and a list of associates
(15 CCR 1327).
400.9.3 REPORTING
Following the conclusion of an attempted escape or an escape, the Chief Probation Officer or the
authorized designee shall order that an incident report be completed by the end of the shift. The
incident report shall focus on events and physical plant weaknesses that contributed to the escape
(see the Report Preparation Policy). The Deputy Chief shall review the reports, interview involved
parties, and develop action plans to minimize the risk of future occurrences (15 CCR 1327).
400.10 CIVIL DISTURBANCES OUTSIDE OF THE DETENTION FACILITY
E-6
Exhibit E
Fresno County Probation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities
Upon being notified that Juvenile Justice Campus space will be needed in response to a civil
disturbance, potentially involving mass arrests, the Watch Commander shall notify the Chief
Probation Officer or the authorized designee (15 CCR 1327).
400.11 DEBRIEFING
All responding staff members, including medical responders,shall be debriefed,as determined by
the Chief Probation Officer or the authorized designee, on serious facility emergencies as soon as
practicable after the conclusion of the incident.The staff members shall examine the incident from
the perspective of what worked, what actions were less than optimal, and how the response to
a future incident might be improved. Depending on the degree of the situation, it may be necessary
to bring in Mental Health professionals to help facilitate the debriefing to include any youth
involved.
If appropriate, the details of the incident will be used to develop a training course for responding
to facility disturbances. The goal of any debriefing process is continuous improvement. The
debriefing shall be focused on the incident, an improved response, and systemic changes that
may be required. A moderator shall ensure that no individual or group involved in the response
is publicly ridiculed.
400.12 EMERGENCY HOUSING OF YOUTH
The Chief Probation Officer or the authorized designee shall develop a plan on the emergency
housing of youth in the event of a full or partial evacuation of the facility. The plan shall
address when youth should be housed in place, identification of alternate facilities and the
potential capacity of those facilities,youth transportation options,and contact information for allied
agencies. This plan shall be reviewed at least annually and revised if necessary.
400.13 MUTUAL AID
The magnitude and anticipated duration of a facility emergency may necessitate interagency
cooperation and coordination. The Deputy Chief shall ensure that any required memorandums of
understanding or other agreements are properly executed, and that any anticipated mutual aid
is requested and facilitated for the safe keeping and transportation of youth during the facility
emergency and evacuation process (see the Emergency Evacuation Policy). For a large-scale
emergency response, see the Emergency Evacuation Policy and Emergency Staffing Policy.
When another agency requests assistance from this Department, the Deputy Chief or authorized
designee may authorize, if available,an appropriate number of personnel to assist.Staff members
are reminded that their actions when rendering assistance must conform with applicable laws and
be consistent with the policies of this Department.
When mutual aid assistance is rendered, a report shall be prepared and submitted by the handling
staff member unless otherwise directed by a supervisor (15 CCR 1327).
400.14 REVIEW OF EMERGENCY PROCEDURES
The Deputy Chief shall ensure that there is a review of emergency procedures at least annually
(15 CCR 1327). This review shall be documented and placed in the staff member's JJC and
Departmental training file. This review should also include the signatures or initials of the staff
members responsible for the review. At a minimum, the review shall include:
E-7
Exhibit E
Fresno County Probation Department
NEW JJC Policy Manual
Emergency Procedures - Facilities
(a) Assignment of staff members to specific tasks in emergency situations.
(b) Instructions for using the alarm systems and signals.
(c) Systems for the notification of appropriate persons outside the facility.
(d) Information on the location and use of emergency equipment in the facility.
(e) Description of evacuation routes and procedures.
400.15 FIRE
This Department shall identify and conform to applicable federal, state, and/or local fire safety
codes,and establish a process for creating,disseminating, and training all individuals in the facility
on the emergency plans for fire safety and evacuation (see the Fire and Life-Safety Policy, Juvenile
Detention Manual Policy, and Fire Safety Plan Policy).
400.16 NATURAL DISASTER
The Chief Probation Officer or the authorized designee shall be prepared to operate a safe and
secure facility in the event of a natural disaster emergency.
400.17 OTHER TYPES OF EMERGENCIES
Facility emergencies that could negatively affect the good order of the facility and the safety of staff
members,youth, contractors,volunteers, and visitors include but are not limited to an outbreak of
infectious disease, a work stoppage or strike by staff members, and other disruptions. The Chief
Probation Officer or the authorized designee shall be responsible for ensuring that an appropriate
facility emergency plan exists for these types of emergencies.
400.18 PERIODIC TESTING OF EMERGENCY EQUIPMENT
The Chief Probation Officer or the authorized designee is responsible for scheduled and periodic
testing of emergency power systems which are completed by the Internal Services Department.
All testing and inspections shall be documented, and the results included in a report to the Deputy
Chief or the authorized designee.
400.19 TRAINING
Officers shall review emergency procedures (See Emergency Procedures form located in the
Department Case Management system) annually (15 CCR 1327). This facility will provide
emergency preparedness training as part of orientation training for all staff members assigned
to the facility.
On an annual basis emergency training shall occur for each shift. The assigned Watch
Commander/Supervising Juvenile Correctional Officer shall document in the Watch Commander
log as well as provide JJC Administration a memorandum/e-mail of what training occurred and
retained in accordance with established records retention schedules.
400.20 REFERENCES
See Facilities Emergencies Procedure for additional guidance.
400.21 ISSUED DATE
04/17/2023
E-8
Exhibit F
Fresno County Probation Department
NEW JJC Policy Manual
Vendors, Volunteers and Student Interns
we Fresno County Probation Department
NEW JJC Policy Manual
Vendors, Volunteers and Student Interns
309.1 PURPOSE AND SCOPE
This policy establishes guidelines for using Juvenile Justice Campus vendors, volunteers, and
student interns, to supplement and assist Department personnel in their duties. Vendors and
volunteers are staff members who can augment Department personnel and help complete various
tasks.
309.1.1 DEFINITIONS
Definitions related to this policy include:
Student intern - A college, university, or graduate student gaining practical experience in a
chosen field while performing services the intern's field while under supervision.
Vendor-An individual representing a company, outside agency, or non-profit organization, who
is assigned to one of our facilities, performs a service for the Department, and may receive
compensation for services rendered.
Volunteer-An individual who performs a service for the Department without promise, expectation,
or receipt of compensation for services rendered. This may include unpaid chaplains and student
interns.
309.2 POLICY
The Fresno County Probation Department shall ensure that vendors, volunteers and student
interns are properly appointed, trained, and supervised to carry out specified tasks and duties in
order to create an efficient Department and improve services to the community.
309.3 ELIGIBILITY
Requirements for participation as a vendor, volunteer or student intern for the Department may
include but are not limited to:
(a) Being at least 18 years of age.
(b) Possession of liability insurance for any personally owned equipment, vehicles, or
animals utilized during volunteer or student intern work.
(c) No conviction of a felony, any crime of a sexual nature or against children, any
crime related to assault or violence, any crime related to dishonesty, or any crime
related to impersonating a law enforcement officer.
(d) Ability to meet physical requirements reasonably appropriate to the assignment.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors, Volunteers and Student Interns—F-1
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
NEW JJC Policy Manual
Vendors, Volunteers and Student Interns
(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.
309.4 RECRUITMENT, SELECTION, AND APPOINTMENT
The Fresno County Probation Department shall endeavor to recruit and appoint only those
applicants who meet the high ethical, moral, and professional standards set forth by this
Department.
309.4.1 RECRUITMENT
Volunteers and student interns are recruited on a continuous basis consistent with Department
policy on equal opportunity, nondiscriminatory employment terms. A primary qualification for
participation in the application process should be an interest in and an ability to assist the
Department in serving the public.
Requests for volunteers and student interns should be submitted in writing by interested
Department staff members to the Personnel Unit through the requester's immediate supervisor.
A complete description of the volunteer's or intern's duties and a requested time frame should be
included in the request. All Department staff members should understand that the recruitment of
volunteers and student interns is enhanced by creative and interesting assignments.
Vendors are recruited/selected in accordance with the Fresno County Purchasing Office contract/
agreement process.
309.4.2 SELECTION
Vendor,volunteer and student intern candidates shall successfully complete the following process
before appointment:
(a) Submit the appropriate written application.
(b) Current TB skin test (completed within the last 6 months).
(c) Successfully complete an appropriate-level background investigation, which may
include fingerprinting, and/or obtaining information from local, state, federal and
Department of Motor Vehicle databases.
309.4.3 APPOINTMENT
Volunteers and student interns shall be placed only in assignments or programs consistent with
their knowledge, skills, and abilities and the needs of the Department. Volunteers' and student
interns' interests will be considered when placed in assignments.
Volunteers and student interns serve at the discretion of the Chief Probation Officer.
Vendors are appointed and placed in accordance with the Fresno County Purchasing Office
contract/agreement.
309.5 IDENTIFICATION
As representatives of the Department, vendors, volunteers and student interns are responsible
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Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
NEW JJC Policy Manual
Vendors, Volunteers and Student Interns
for presenting a professional image to the community. Vendors, volunteers and student interns
shall dress appropriately for the conditions and performance of their duties, in compliance with
Personal Appearance Standards and Uniform and Non-Uniform attire policies unless excluded by
the Department. Necessary safety equipment will be provided.
Vendor, volunteers and student interns will be issued Fresno County Probation Department
identification cards, which must be carried at all times while on-duty. The identification cards will
be the standard Fresno County Probation Department identification cards,except that"Volunteer"
or"Student Intern" will be indicated on the cards.
309.6 PERSONNEL WORKING AS STUDENT INTERNS
Qualified regular Department personnel, when authorized, may also serve as student interns.
However, this Department shall not utilize the services of student interns such a way that it would
violate employment laws or collective bargaining agreements or memorandums of understanding
(e.g., an officer participating as a student intern for reduced or no pay). Therefore, staff members
shall consult with the Personnel Unit prior to allowing regular department personnel to serve in
a student intern capacity (29 CFR 553.30).
309.7 PERSONNEL UNIT
The function of the Personnel Unit is to provide a central coordinating point for effective volunteer
management within the Department, and to direct and assist efforts to jointly provide more
productive volunteer services.
The responsibilities of the Personnel Unit include but are not limited to:
(a) Recruiting, selecting, and training qualified volunteers and student interns.
(b) Maintaining records for each vendor, volunteer and student interns.
(c) Completing and disseminating, as appropriate, all necessary paperwork and
information.
(d) Maintaining a liaison with colleges and universities that provide student interns to
promote the intern program with both students and the educational system.
(e) Maintaining volunteer and student intern orientation and training materials and
outlining expectations, policies, and responsibilities for all volunteers and student
interns.
309.8 DUTIES AND RESPONSIBILITIES
Volunteers assist department personnel as needed. Assignments of volunteers may be to any
division within the Department, as needed. Volunteers should be placed only in assignments
or programs consistent with their knowledge, skills, interests, abilities and the needs of the
Department. Student interns should be assigned to areas that meet the needs of both their
educational program and the Department. Vendors will be assigned per the contract/agreement.
309.8.1 COMPLIANCE
Vendors, volunteers and student interns shall be required to adhere to all Department policies
and procedures. Policies and procedures are available on the Department website and will be
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Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
NEW JJC Policy Manual
Vendors, Volunteers and Student Interns
made available to each vendor, volunteer, and student intern upon appointment. The vendor,
volunteer and student interns shall become thoroughly familiar with these policies and procedures
as directed by the Chief Probation Officer or the authorized designee.
Whenever a rule, regulation, or guideline in this Custody Manual refers to regular Department
personnel, it shall also apply to a vendor, volunteers and student interns, unless by its nature it
is inapplicable.
Vendors, volunteers and student interns are required by this Department to meet Department-
approved training requirements as applicable to their assignments.
309.9 TASK-SPECIFIC TRAINING
Task-specific training is intended to provide the required instruction and practice for vendors,
volunteers and student interns to properly and safely perform their assigned duties. Training
should correspond to the assignment as determined by the program coordinator.
Vendors, volunteers and student interns will be provided with an orientation program to acquaint
them with the policies of the Department and procedures applicable to their assignments.
Vendors, volunteers and student interns should receive position-specific training to ensure they
have adequate knowledge and skills to complete the required tasks. They also should receive
ongoing training as deemed appropriate by their supervisors or the volunteer or student intern
coordinator.
Training should reinforce to vendors,volunteers and student interns that they shall not intentionally
represent themselves as, or by omission give the impression that they are, officers or other full-time
staff members of the Department.They shall always represent themselves as vendors,volunteers
or student interns.
All vendors, volunteers and student interns shall comply with the standards of conduct and with
all applicable orders and directives, whether oral or written, issued by the Department.
309.9.1 STATE REQUIREMENTS
The vendor, volunteer and student intern initial orientation shall include the following: safety and
security issues and anti- discrimination policies.
309.10 SUPERVISION
Each vendor, volunteer or student intern must have a clearly identified supervisor who is
responsible for direct management of that individual. This supervisor will be responsible for day-to-
day management and guidance of the work of the vendor, volunteer or student intern and should
be available for consultation and assistance.
Functional supervision of vendors, volunteers and student interns is the responsibility of the
supervisor or the authorized designee in charge of their assigned duties. The following are some
considerations that supervisors or the authorized designee should keep in mind while supervising
vendors, volunteers and student interns:
(a) Take the time to introduce vendors, volunteers and student interns to staff
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Department
Exhibit F
Fresno County Probation Department
NEW JJC Policy Manual
Vendors, Volunteers and Student Interns
members on all levels.
(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.
309.10.1 EVALUATIONS
Student interns may need evaluations as a requirement of their educational program.
309.10.2 FITNESS FOR DUTY
No vendor, volunteers or student intern shall report for work or be at work when the individual
judgment or physical condition has been impaired due to illness or injury, or by the use of alcohol
or drugs, whether legal or illegal.
Vendors, volunteers and student interns shall report to their supervisors any change in status that
may affect their ability to fulfill their duties. This includes but is not limited to:
(a) Driver's license
(b) Arrests.
(c) Criminal investigations.
(d) All law enforcement contacts.
309.11 INFORMATION ACCESS
Vendors, volunteers and student interns should not have access to or be in the vicinity of criminal
histories, investigative files, or information portals. Unless otherwise directed by a supervisor,the
duties of the position, or Department policy, all such information shall be considered confidential.
Only that information specifically identified and approved by authorized staff members shall be
released. Confidential information shall be given only to persons who have a need and a right to
know as determined by Department policy and supervisory personnel.
A vendor, volunteer or student intern whose assignment requires the use of, or access to,
confidential information will be required to be fingerprinted to the California Department of Justice
to obtain clearance.Vendors,volunteers and student interns working this type of assignment shall
receive training in data practices and shall be required to sign a CLETS Employee/Volunteer
Statement before being given an assignment with the Department. Subsequent unauthorized
disclosure of any confidential information verbally, in writing,or by any other means by the vendor,
volunteer, or student intern is grounds for immediate dismissal and possible criminal prosecution.
Vendors, volunteers and student interns shall not address public gatherings, appear on radio
or television, prepare any article for publication, act as correspondents to newspapers or other
periodicals, release or divulge any information concerning the activities of the Department, or
maintain that they represent the Department in such matters without permission from the proper
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Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
NEW JJC Policy Manual
Vendors, Volunteers and Student Interns
Department personnel.
309.11.1 RADIO AND DATABASE ACCESS USAGE
The supervisor or the authorized designee shall ensure that radio and database access training
is provided for vendors, volunteers, and student interns whenever necessary.
309.12 EQUIPMENT
Any property or equipment issued by the Department shall be for official and authorized use only.
Any property or equipment issued to a vendor,volunteer or student intern shall remain the property
of the Department and shall be returned at the termination of service.
309.13 TERMINATION OF SERVICES
If a vendor or volunteer is the subject of a personnel complaint or becomes involved in an internal
investigation, the matter shall be investigated in compliance with the Personnel Complaints Policy.
If a student intern is the subject of or is involved in an internal investigation,the coordinator of the
educational program that sponsors the intern should be notified.
Vendors and volunteers are considered at-will and may be removed from service at the discretion
of the Chief Probation Officer or the authorized designee, with or without cause. Vendors and
volunteers shall have no property interest in their continued appointments.Vendors and volunteers
may resign from service with the Department at any time. It is requested that vendors and
volunteers who intend to resign provide advance notice and a reason for their decision.
309.14 ISSUED DATE
• 02/18/2022
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors, Volunteers and Student Interns—F-6
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.
III. DURING NEGOTIATIONS
A. While at the scene, the CNT members will conduct all verbal or written
communications between the hostage taker(s) and the Incident Commander. CNT will
immediately notify the Incident Commander of any changes in the following situations:
1. Hostage status
2. Incident changes and developments
3. Hostage taker demands
4. Any and all pertinent information concerning the incident
B. Staff members at the scene not actively involved with negotiations will not act or speak
out to the hostage taker(s) or hostages.
C. The Tactical Commander will formulate a plan to take the necessary actions, using the
appropriate force, to terminate the hostage situation in the event negotiations fail.
Hostage safety will be of paramount concern.
IV. HOSTAGE SURVIVAL STRATEGIES
A. If taken hostage, it is important to make the transition from being a victim to being a
survivor. The following are not strict rules that must be rigidly followed, but rather
general guidelines. There will always be exceptions.
1. Regain/maintain composure. Try to be calm, focused and clear-headed at all times.
Do not stand out from other hostages. Drawing unnecessary attention increases
the chance of being singled out and victimized.
2. Maintain a low-key, unprovocative posture. Overt resistance is usually
counterproductive in a hostage situation.
a. Remain calm and follow instructions. Comply with the hostage takers when at
all possible.
b. Be stoic. Maintain an outward face of acceptance of adversity with dignity.
Avoid open displays of cowardice and fear. Inmates will view frailty and
feebleness as weakness, which may lead to victimization.
c. Do not antagonize,threaten or aggravate the hostage takers.Avoid saying "no",
or arguing with the hostage takers. Do not act authoritative. The hostage takers
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,
the number of hostage takers, the type of weapons they are using, their tactics,
G-3
Exhibit G
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
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 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 represent 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.
4. 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