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Home My WebLink AboutCalifornia Department of Corrections and Rehabilitation - Fresno City Police Department will provide the CDCR, OPOS, and the CSC the used of the Regional Training Center located at 6375 W Central Avenue in Fresno 7) 2cr � l STATE OF CALIFORNIA STANDARD AGREEMENT STD 213(Rev 06/03) AGREEMENT NUMBER C5608239 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Corrections and Rehabilitation CONTRACTOR'S NAME City of Fresno Police Department 2. The term of this Agreement is: July 1, 2018 through June 30, 2021 3. The maximum amount of this Agreement is: $52,500.00 Fifty Two Thousand Five Hundred Dollars and Zero Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement- Exhibit A—Scope of Work 3 pages Exhibit B— Budget Details and Payment Provisions 2 pages Exhibit B-1 — Rate Sheet 1 page Exhibit C* - General Terms and Conditions GTC 04/2017 Exhibit D—Special Terms and Conditions 13 pages Exhibit E— Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet 2 pages Attachment 1 —Agreement for Use of Training Facilities 5 pages Attachment 2 — Release, Waiver and Indemnity Agreement 2 pages Items shown with an Asterisk(), are hereby incorporated by reference and made part of this agreement as if attached hereto These documents can be viewed at www.ois.d s.ca- av/otslR urces/StandardCon ractLangua e-as x. IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,etc.) City of Fresno Police Department BY(Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING I hereby certify that all condi- Lieutenant Tom Rowe APP VED A TO FORM tions for exemption have been ADDRESS compiled with and this contract BY: il Is exempt ham the Department 6375 W. Central Avenue of General Services Approval. Fresno, CA 93706 ATTORNE *=DGSa per DGS pdon Le # STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation 'l gRLJ BY(A honzed Signature) TE IGNEDf to not type) PRINTED NAME AND TITLE OF PERSON SIGNING ❑ Exempt per: Terri Gibson, Manager, Headquarters Contracts Unit 3 ADDRESS 9838 Old Placerville Road, Suite B-2, Sacramento, CA 95827 ATTEST: WONNE SPENCE, CMC CITY CLERK By Deputy L! :01 W 761 130 Qltl q.Flo j City of Fresno Police Department Agreement Number 05608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work FACILITY RENTAL SERVICES 1. INTRODUCTION The City of Fresno Police Department (Contractor) shall provide the California Department of Corrections c1nd Rehabilitation (CDCR), Office of Peace Officer Selection (OPOS), Central Selection Center (CSC) the use of the Regional Training Center (RTC) located at 6375 W. Central Avenue, Fresno, California 93706. The RTC will be used to conduct the Physical Fitness Testing (PFT) component for the Department's peace officer candidates at least once per month. The anticipated usage is 12 days a year; however additional days may be requested for unanticipated CDCR needs. 2. CONTRACTOR RESPONSIBILITIES • In order to accommodate all CDCR candidates, the RTC facility tactical house, classroom, driver awareness pad, restroom, telephone for emergencies and additional equipment, including tables, chairs, water jugs, golf carts and easels, shall be available to CDCR for approximately ten (10) hours a day for each PFT session, during the term,of this Agreement. The actual dates and times for use of the RTC facility shall be mutually agreed upon by CDCR and the Contractor's Lieutenant. Additional dates may be added based upon CDCR's needs, as long as the additional dates are mutually agreed upon by CDCR and the Contractor's Lieutenant. ■ All PFT scheduling will be arranged by CDCR staff. • The RTC facility, identified herein, will be available to CDCR when scheduled, Monday through Friday, between the times of 7:00am to 5:00pm. If additional dates/times are required, CDCR will provide the Contractor written notice at least two (2) weeks in advance of its intent to exclusively use the tactical house, classroom, driver awareness pad and additional equipment, specifying the dates and times of use. • The Contractor agrees to provide access to at least one power outlet for CDCR computer set up and printing. 3. CDCR RESPONSIBILITIES ■ CDCR will request, in writing, specific days and times for the use of the RTC facility at least ten (10) days prior to the requested dates of services. Requests shall be submitted to: City of Fresno Police Department Regional Training Facility Attn: Lieutenant Tom Rowe 6375 W. Central Avenue Fresno, CA 93706 • On the scheduled days that the RTC facility is to be used, CDCR will first contact the Contractor's Sergeant or Lieutenant. After normal business hours, Saturday, Sunday and holidays, CDCR will first contact the Duty Office at (559) 621-2375 before entering the Page 1 of 3 City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work Contractor's RTC facility for prescheduled, reserved use of the tactical house, classroom, driver awareness pad and additional equipment. ■ All CDCR candidates will be under the direct supervision of CDCR staff. • CDCR will maintain the RTC facility in a safe operative condition while in use by CDCR staff. • CDCR shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies including federal, state, municipal, and local goverhing bodies having jurisdiction over hereof; including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal and local safety regulations. • If death, serious personal injury, or substantial property damage occurs in connection with the performance of this Agreement, CDCR shall immediately notify the Contractor's Risk Manager's Office by telephone at (559) 621-6950. CDCR shall promptly submit to the Contractor, a written report in such form as may be required by the Contractor of accidents which occur in connection with the Agreement. • CDCR will contact emergency services (911) in response to a CDCR candidate's needs when warranted. • CDCR will notify the Contractor in the event of a need to cancel any session as far in advance as possible, but at least seven (7) days prior to the date scheduled. 4. AGREEMENT TERM The term of this Agreement is for three (3) years. If it is determined to be in the best interest of the State, upon sole discretion of CDCR, OPOS, the Agreement may be extended for up to two (2), one (1) year terms. The option to extend the Agreement will require an amendment to the Agreement and be contingent on the Contractor's performance of the Agreement and availability of funds. 5. CDCR CONTACT INFORMATION Should questions or problems arise during the term of this Agreement, the Contractor should contact the following: • Billing/Payment Issues: Operation Support Unit Michael Issel, Staff Services Manager I Phone Number: (916) 255-0502 Fax Number: (916) 255-3827 • Scope of Work/Performance Issues: Testing Office Andrea Elizalde, Staff Services Manager I Phone Number: (559) 445-5366 FAX Number: (559) 445-5042 Page 2 of 3 .......................................................................................................................................................................................................................................................................:................................................................................ .........................................................................' a ......................................:: :.............................................................................................................................................................................................................::............... ....................................................................................... ....................................................................................................: ......... . ..... ....... ........... ........... ....... ..... ........... ................................................................................ ................................................................................... ..................... ...................... ....................................................................... .............................. ... o. r, ... Y .. ... r i City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work • General Agreement Issues: Office of Business Services Contracts Management Branch Phone Number: (916) 255-6161 FAX Number: (916) 255-6187 Page 3 of 3 City of Fresno Police Department Agreement Number C5608239 California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions 1. Invoicing and Payment a. For services satisfactorily rendered, and upon receipt and approval of Contractor's invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates. b. Invoices shall include the Agreement Number, Purchase Order Number and shall be submitted in triplicate not more frequently than monthly in arrears to the address provided below. c. The Contractor also has the option to submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above. California Department of Corrections and Rehabilitation (CDCR) ASB - Sacramento Attention: Accounts Payable A P.O. Box 187015 Sacramento, CA 95818-7015 For electronic submission, send invoices to: APAContractlnvoice cdcr.ca. ov 2. Budget Contingency Clause a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement. b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq. Page 1 of 2 R ...................................:.:............................................................................. ...............................:4.................................................................. ii............................................. ... ........................... ........................... � rmm.�.. a ,1x ... ... ... ... ....... ........ ................................................................�. .... ........ ....................................................................�: .... ............ ................ ...... i. Y• w ...... ...... ... ... a ... ... �, .. ...... ...... ... ,y F •. ... L r t: t k; I City of Fresno Police Department . Agreement Number C5608239 California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions 4. Subcontractors Nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor's responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 5. Advanced Payment for Non-Profit Organizations Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR, the Contractor may request an advance payment for the fiscal year(s)•covered by this agreement, which shall not exceed twenty five percent (25%) of the annual budget for each fiscal year. The CDCR will review and determine the need for an advance payment using the criteria contained in the department's procedures for advance payments to Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each fiscal year of the agreement. 6. City/County Rate Increase It is understood that the city/county may regulate some or all of the Contractor's rates for services. In the event the city/county increases the rates that directly affect the services provided in this Agreement, the Contractor may, once during the term of the Agreement, request from the State an increase in the rates stated in this Agreement. The Contractor must submit a written request to the State with a copy of the resolution from the city/county listing the prior rates and new rates and effective date of the new rates. Page 2 of 2 ........................................................... ... ....:...........:........:..............................................................:::..:........ .............................................. ... ..... .. ..... .. ... .......... .......................................... ............ . w F .: ............................................................................... ........................... -------- -----... .------- -------- -------- ....... ...... ......... _ ... F 2• i :i a .w ... ...... ... ... ......... ..... f° r L; d l: City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation(CDCR) Exhibit B-1 Rate Sheet FACILITY RENTAL FOR PHYSICAL FITNESS TESTING(PFT FY 2018-19 07101118-OB130119) Estimated# SITE of PFT X Rate Per _ Total Amount of Days PFT Day Bid Per Site Fresno Police De artment Central 12 X S 1,250.00 $ 15,000.00 Subtotal": 12 subtotal. $ 15,000 00 'Add 2 Days to the Subtotal far unantici paled PFT Da $ 21500.00 Total PFT Days 14' $ 17,500.00 FY 2019-20 (07/011119-06/30120) Estimated# SITE of PFT X Rate Per - Total Amount of Days PFT Day Bid Per Site Fresno Police Department(Central) 12 X $1.250.00 = $ 15.000.00 Subtotal": 12 Subtotal, $ 15.000.00 *Add 2 Das to the Subtotal for unanticipated PFT Da $ 2.500.00 Total PFT Days W 1 $ 17,500.60 FY 2020-21 07/01120-06/30/21 Estimated# SITE of PFT X Rate Per - Total Amount of Days PFT Day Bid Per Site Fresno-Police Department Central 12 X S1.250-00 = $ 15,000.00 SubtotaP: 12 Subtotal, $ 15,000.00 'Add 2 Das to the Subtotal for unanlici aced PFT Day $ 2,500.00 Total PFT Days id' 5 17,500.00 Agreement Total S 52,5170.00 'The California Department of Corrections and Rehabilitation(CDCR)estimates twelve(12)PFT days per year,with an additional two(2)extra days for unanticipated CDCR needs. Page 1 of 1 ... .......................... .................... ... )y. e .e X r i W.: a I ... ... . ...... ... IL ... PI a .l ... ;i •e r' :e r - 1 i � ffi iT City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 1. Contract Dilutes withPublic Entities (Supersedes provision number 6, Disputes, of Exhibit C) � � As a condition precedent to Contractor's right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to j the following processes. Contractor's failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies. Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor's failure to diligently proceed shall constitute a material breach of the Agreement. The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper. A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California. 2. Confidentiality of Data All financial, statistical, personal, technical and other data and information relating to State's operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor's possession that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties. No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) without prior written approval from the State. Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals. Page 1 of 13 s ...................................................................................... ................................................................................. ......................................... ........ g .. ... ... ... ......... ... ... ......... ... ... ...... ...... ... ...... ...... ... ..:::... ...... ...... ...... .... W.: �e Y � i ... ... ... ... ...... i y q ......... T ... .j eo, j 4 4 City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 3. Accounting Principles The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit. 4. Taxes Unless required by law, the State of California is exempt from federal excise taxes. 5. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C) The parties hereto agree that either party may cancel this Agreement by giving the other party written notice thirty (30) days in advance of the effective date of such cancellation. In the event of such termination, the State agrees to pay Contractor for actual services rendered up to and including the date of termination. The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 6. Contract Suspension Notwithstanding any other provisions of this Agreement, pursuant to a Governor's Executive Order or equivalent directive, such as a court order or an order from a federal or state regulatory agency, mandating the suspension of state contracts, the State may issue a Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all performance under the Agreement(s) must stop immediately upon receipt of the Notice. During the period of contract suspension, Contractor is not entitled to any payment for the suspended work. Once the order suspending state contracts has been lifted, a formal letter from the Department will be issued to the Contractor to resume work. 7. Extension of Term If it is determined to be in the best interest of the State, this Agreement may be amended to extend the term at the rates agreed upon by CDCR and the Contractor. 8. Contractor Employee Misconduct During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify the CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to inmates/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably Page 2 of 13 x i .... ........................................ ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ .... .................... ................ ... .y... ..... ... ...... .. W.. i it � ... ... ... .... S ...... ... ... ... ; 1 Y: w' City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements necessary to assure CDCR that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or parolees at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement. 9. Subcontracting Services provided are to be performed primarily with the staff of the public entity or, in the case of educational institutions, auxiliaries or foundations, by the faculty, staff or students associated with the particular institution. Agreements are not to be used by state agencies to circumvent the competitive bidding requirements of Public Contract Code Section 10340. If more that twenty-five (25) percent of the total contract amount or $50,000.00, whichever is less, is subcontracted, non-competitive bid approval must be obtained from fhe Secretary of CDCR and the Department of General Services prior to the commencement of services, unless the subcontract was competitively bid or the subcontractor(s) also qualifies as a state agency, governmental agency, or joint power. 10. Subcontractor/Consultant Information Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing, within ten (10) working days, of any changes to the subcontractor and/or consultant information. 11. Liability for Nonconforming Work The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor's deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects. 12.Temporary Nonperformance If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor's inability to perform, reserves the right to accomplish the work by other means and shall be Page 3 of 13 ........ ............................... ............... ...... .................. ... ....... ................. ...... ...... ... ... ....... ............................................. ...... ... ... ...............................y . ................................................................................................................................................................................................................................................................................................................................................................................................................................................:..:............................................................................................. . ... ................................................ ..... ........ .......... ... .. ............... .... ........................ .......... .. ... 9. k ... ..... I. i ... ... ...... ... .. ... i City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements reimbursed by the Contractor for any additional costs above the Agreement price. 13. Contract Violations The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425. 14. Employment of Ex-Offenders Contractor cannot and will not either directly, or on 'a subcontract basis, employ in connection with this Agreement: a. Ex-Offenders on active parole or probation, who have been on active parole or probation during the last three years preceding their employment; 1. Contractor shall only employ ex-offenders who can provide written evidence of having satisfactorily completed parole or probation, and who have remained off parole or probation, and have had no arrests or convictions within the past three years. b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal Code Sections 4570-4574 (unauthorized Communications with Prisons and Prisoners Offenses). c. Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section 290. d. Any ex-offender who has an offense history involving a "violent felony" as defined in subparagraph (c) of Penal Code Section 667.5; or e. Any ex-offender in a position which provides direct supervision of parolees. An ex-offender whose assigned duties involve administrative or policy decision-making, accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State or contractor. Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender. 15. Conflict of Interest The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest. a. Contractors and Their Employees Consultant contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within thirty (30) days after Page 4 of 13 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... q ........ .........:. ............,........ ...........,._............ .... ........................................ .......... t .. F ... ... .... .... ........................................ .... ............................ .................... ........ '" .......: ........ ........ .................................... ................ .... .................::......................................... .... ........................ ........ .................................................... ....... .........._i ..... ......... ... ... ...... ...... ... ... ... ...... ... ... .......... .. .......... ........... ...... ... ..... .... .§ ... . ..... ... .. 3 x c .. E ...................................... ... :::..:::.. :::...........::.....::.... ...... ... ......... .............................................. ............. ............. .......... ......... ............... .. . ... ........................... ... ... .............. . . ....... ...:... ...... ... ... ... ... i' ... ... ... ... ...... ... City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements the expiration of the Agreement. Other service contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service contractors (other than consultant contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists: (1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur; (2) The Contractor and/or Contractor's employee(s), pursuant to the Agreement, makes or influences a governmental decision; or (3) The Contractor and/or Contractor's employee(s) serves in a staff capacity with the CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR's Conflict of Interest Code. b. Current State Employees (1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. (2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. (3) In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of: (a) Using an official position for private gain; (b) Giving preferential treatment to any particular person; (c) Losing independence or impartiality; (d) Making a decision outside of official channels; and (e) Affecting adversely the confidence of the public or local officials in the integrity of the program. (4) Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. c. Former State Employees (1) For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency. (2) For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12- month period prior to his or her leaving state service. In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either directly or indirectly through an affiliated company, person or business unless specifically authorized in writing by CDCR. In addition, the Contractor shall not (either Page 5of13 City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements directly, or indirectly through an affiliated company, person or business) engage in financial dealings with inmates or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by CDCR. For the purposes of this paragraph, "affiliated company, person or business" means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders, either directly or indirectly. "Affiliated companies, persons or businesses" include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders. The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement. The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor's business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor's business status or structure that could affect the performance of the Contractor's duties under the Agreement. If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void. Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem. 16. Travel Contractor's rates shall include all travel expenses required to perform services in accordance with this contract. 17. Notification of Personnel Changes Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor's employee(s) upon their departure or termination. 18. Security Clearance/Fingerprinting The State reserves the right to conduct fingerprinting and/or security clearance—through the Page 6of13 I i I City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Department of Justice, Bureau of Criminal Identification and Information (BCII)—prior to award and at any time during the term of the Agreement, in order to permit Contractor (and/or Contractor employee) access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined. 19. Computer Software Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 20. Expendable Equipment Expendable equipment is defined as expendable items which change with use and have a unit acquisition cost of less than $5,000 per unit (i.e. fax machines, computers, printers, etc.). Title to any expendable equipment purchased or built with State funds as part of this agreement will vest in the State. The Contractor must retain a listing of expendable equipment purchases that are considered "theft-sensitive" items, such as cameras, calculators, two-way radios, computer equipment, etc., for audit purposes. Upon completion or termination of the agreement, Contractors are required to leave all expendable equipment for use by subsequent contractors or for the State to dispose of accordingly. The State may authorize the continued use of such equipment for work to be performed under a different agreement. The cost of expendable equipment purchased should be comparable to the prevailing price for similar items in the surrounding area. 21. Electronic Waste Recycling The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. 22. Liability for Loss and Damages Any damages by the Contractor to the State's facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement. 23. Disclosure Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known made by any inmate dr parolee which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State. 24. Workers' Compensation Page 7 of 13 ---------------------- ............. ................. ................... .... . ......... ...................... .................... ....... .... .... ... .................. . ............................. ........................ ............. .......... ..... ...... .... ...... ... ... ... ... ... ... ... ...... ... ... ... ...... ... ... ... ....... ... ... ......... ... ... ... ...... ................. ... ...... ... ... ...... ... ........................ ... ... ... .............. ... ... ... ... ... ... ... ... ... ...... ... ......... ...... ........... ...... ... .. ... ... ............ ......... ..... ... ..... ...... ......... ......... ... ... ...... ... wl ... ... ........ ffi ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ........ ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this agreement, carry workers' compensation insurance, at Contractor's expense, or that it is self-insured through a policy acceptable to CDCR, for all of its employees who will be engaged in the performance of this agreement. Such coverage will be a condition of CDCR's obligation to pay for services provided under this agreement. Prior to approval of this agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers' compensation coverage. Contractor agrees that the workers' compensation insurance shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires or is canceled at any time during the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the agreement or for a period of not less than one year. The State reserves the right to verify the Contractor's evidence of coverage. In the event the Contractor fails to keep workers' compensation insurance coverage in effect at all times, the State reserves the right to terminate this agreement and seek any other remedies afforded by the laws of this State. Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor's workers' compensation claims and losses by Contractor's officers, agents and employees related to the performance of this agreement. 25. Insurance Requirements Insurance as required herein shall be a condition of the State's obligation to pay for services provided under this Agreement. Prior to approval of this Agreement and before performing any work, Contractor and any subcontractor shall furnish to the State evidence of valid coverage. The following shall be considered evidence of coverage: A certificate of insurance, a "true and certified" copy of the policy, or any other proof of coverage issued by Contractor's insurance carrier. Binders are not acceptable as evidence of coverage. Providing evidence of coverage to the State conveys no rights or privileges to the State, nor does it insure any State employee or insure any premises owned, leased, used by or otherwise or under the control of the State. It does, however, serve to provide the State with proof that the Contractor and any subcontractors are insured at the minimum levels required by the State of California. Contractor agrees that any liability insurance required in the performance of this Agreement shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled during the term of this Agreement, Contractor shall provide the State within five (5) business days of receipt by contractor a copy of any notice of cancellation or non-renewal of insurance required by the contract. Evidence of coverage required in the performance of this Agreement shall not be for less than the remainder of the term of this Agreement or for a period of not less than one year. The State and the Department of General Services (DGS) reserve the right to verify the Contractor's evidence of coverage; evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails to keep insurance coverage as required herein in effect at all times, the State reserves the right to terminate this Agreement and to seek any other remedies afforded by the laws of the State of California. Page 8 of 13 City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements 26. Tuberculosis JB) Testing In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community-based program, Contractors and their employees who are assigned to work with, near, or around inmates/parolees shall be required to be examined and tested or medically evaluated by a licensed healthcare provider for TB in an infectious or contagious stage prior to the performance of contracted duties, and at least once a year thereafter (within 12 months of their initial or previous TB test under this contract), or more often as directed by CDCR. Contractors and their employees who have any contact (physical or nonphysical) with inmates/parolees, shall be required to furnish to the CDCR Program/Institution Contract Manager, at no cost to CDCR, a documented Tuberculosis (TB) evaluation/test for TB infection (Tuberculin Skin Test (TST) or a blood test Interferon Gamma Release Assay (IGRA) completed within (30) thirty days of the start date of the services and be certified to be free of TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming their contracted duties and annually thereafter. The following provisions apply to services provided on departmental and/or institution grounds: 27. Blood borne Pathogens Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) i regulations and guidelines pertaining to blood borne pathogens. 28. Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates and Division of Juvenile Justice Wards Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around inmates who are incarcerated, or wards who are housed within California's institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates or wards. The following is a summation of pertinent information when non-departmental employees come in contact with prison inmates or wards. By signing this contract, the Contractor agrees that if the provisions of the contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates or wards: a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates or wards. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps. SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415, and California Welfare and Institutions Code (WIC) Section 1712. b. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO Page 9 of 13 ... ... ... ... ... ... ... ...... ... ... ... ... ... is ..... ... ... yiyi yi ... ... ... ... ... ... ... ... ...... ... ...... ... ... i a City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements HOSTAGE" policy and all prison inmates, wards, visitors, and employees shall be made aware of this. SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and 4603; WIC Section 1712. c. All persons entering onto institution/facility or camp grounds consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises. SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, 3288, 4696, and 4697: WIC 1712. d. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Director, Warden, and/or Regional Parole Administrator. SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176 (a) and 4696; WIC Section 1712. e. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR adult institutions/facilities or camps, or youth institutions/facilities or camps in the nighttime, without the prior approval of the Warden or officer in charge. It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution. SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and 3289; WIC Section 1001.7. f. Encouraging and/or assisting prison inmates to escape, is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison inmates or wards firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices, and written materials and pictures whose sale is prohibited to minors. SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and 4574; WIC Section 1152, CRR, Title 15, sections 4681 and 4710; WIC Section 1001.5. g. It is illegal to give or take letters from inmates or wards without the authorization of the Warden or officer in charge. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates or wards. SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, 3425 and 4045; WIC Section 1712. h. In an emergency situation the visiting program and other program activities may be suspended. SOURCE: PC Section 2601; CCR, Title 15, Section 3383, 4002.5 and 4696. Page 10 of 13 i E i i City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements i. For security reasons, visitors must not wear clothing that in any way resembles state issued prison inmate or ward clothing (blue denim shirts, blue denim pants). SOURCE: CCR, Title 15, Section 3174 (b) (1) and 4696. j. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. Interviews with individual wards are permitted with written consent of each ward if he is 18 years of age or older, or with written consent of a parent, legal guardian, or committing court, if 17 years of age or younger. SOURCE: CCR, Title 15, Sections 3261.5, 3315 (a) (3) (X), and 3177 and 4700(a)(1). 29. Clothing Restrictions While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is inmate attire. Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance. 30. Tobacco-Free Environment Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of the Department of Corrections and Rehabilitation is prohibited. 31. Prison Rape Elimination Policy CDCR maintains a zero tolerance for sexual misconduct in its institutions, community correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited. CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/prevention, detection, response, investigation and tracking of sexual misconduct and to address successful community re-entry of the victim. All Contractors and their employees are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5, Article 44. If you are providing services for the confinement of our inmates, you and your staff are required to adopt and comply with the PREA standards, 28 Code of Federal Regulations (CFR) Part 115 and with CDCR's Department Operations Manual; Chapter 5, Article 44,. including updates to this policy. This will include CDCR staff and outside audit personnel (who also conduct PREA audits of state prisons) conducting audits to ensure compliance with the standards. Page 11 of 13 1 I City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements As a Contractor with CDCR, you shall not assign an employee to a CDCR facility or assign an employee to duties if that employee will have contact with CDCR inmates, if that employee has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described in this section. The Contractor shall conduct a criminal background records check for each contract employee who will have contact with CDCR inmates and retain the results for audit purposes. By signing this contract the Contractor agrees to ensure that all of the mandates of this Section 5: Prison Rape Elimination Policy are complied with. Material omissions, by the contract employee, regarding such misconduct or the provision of materially false information, shall be grounds for removal from institutional grounds. Contract employees, who have contact with inmates, shall be provided training via the Exhibit titled; "PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational Sheet" to learn their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the institution before a contract employee may have contact with inmates. Any contract employee who appears to have engaged in sexual misconduct of an inmate shall be prohibited from contact with inmates and shall be subject to administrative and/or criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly not criminal. Reportable information shall be sent to relevant licensing bodies. 32. Security Regulations a. Unless otherwise directed by the. entrance gate officer and/or Contract Manager, the Contractor, Contractor's employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor's parking lot. Contractor, Contractor's employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds. b. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise. c. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor's loss due to fire. d. Due to security procedures, the Contractor, Contractor's employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in and out of the institution gates and sally ports shall be borne by the Contractor. Page 12 of 13 i City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Entity Agreements e. Contractor, Contractor's employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities. f. Electronic and communicative devices such as pagers, cell phones and cameras/microcameras are not permitted on institution grounds. g. Contractor, Contractor's employees and subcontractors shall not cause undue interference with the operations of the institution. h. No picketing is allowed on State property. 33. Gate Clearance Contractor and Contractor's employee(s) and/or subcontractor(s) must be cleared prior to providing services. The Contractor will be required to complete a Request for Gate Clearance for all persons entering the facility a minimum of ten (10) working days prior to commencement of service. The Request for Gate Clearance must include the person's name, social security number, valid state driver's license number or state identification card number and date of birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunications System (CLETS) check. The check will include Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check. Gate clearance may be denied for the following reasons: Individual's presence in the institution presents a-serious threat to security, individual has been charged with a serious crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity. All persons entering the facilities must have a valid state driver's license or photo identification card on their person. Page 13 of 13 :: k f 3 i 3 City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit E Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PRISON RAPE ELIMINATION POLICY Volunteer/Contractor Informational Sheet The Prison Rape Elimination Policy for the California Department of Corrections and Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private contractor who has contact with CDCR offenders, it is your responsibility to do what you can, within the parameters of your current assignment, to reduce incidents of sexual violence, staff sexual misconduct, and sexual harassment and to report information appropriately when they are reported to you or when you observe such an incident. Historical Information Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination Act (PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005, and most recently the United States, Department of Justice Final Rule; National Standards of 2012 to help prevent, detect and respond to sexual violence, staff sexual misconduct and sexual harassment behind bars. It is important that we, as professionals, understand all aspects of f these laws and our responsibilities to help prevent, detect, and respond to instances by offenders and staff. The CDCR policy is found in Department Operations Manual (DOM), Chapter 5, Article 44. PREA addresses five types of sexual offenses. Sexual violence committed by offenders will encompass: Abusive Sexual Contact, Nonconsensual Sex Acts, or Sexual Harassment by an Offender (towards an offender). The two remaining types of sexual offenses covered by PREA are Staff Sexual Misconduct and Staff Sexual Harassment (towards an offender). CDCR's policy provides for the following: • CDCR is committed to continuing to provide a safe, humane, secure environment, free from offender on offender sexual violence, staff sexual misconduct, and sexual harassment. • CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment in its institutions, community correctional facilities, conservation camps, and for all offenders under its jurisdiction. • All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited. • This policy applies to all offenders and persons employed by the CDCR, including volunteers and independent contractors assigned to an institution, community correctional facility, conservation camp, or parole. Retaliatory measures against employees or offenders who report incidents of sexual violence, staff sexual misconduct, or sexual harassment as well as retaliatory measures taken against those who cooperate with investigations shall not be tolerated and shall result in disciplinary action and/or criminal prosecution. Retaliatory measures include, but are not limited to: • Coercion. • Threats of punishment. • Any other activities intended to discourage or prevent staff or offenders from reporting incident(s). Page 1 of 2 - I i ' I City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Exhibit E Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet Professional Behavior Staff, including volunteers and private contractors are expected to act in a professional manner while on the grounds of a CDCR institution and while interacting with other staff and offenders. Key elements of professional behavior include: • Treating everyone, staff and offenders alike, with respect • Speaking without judging, blaming, or being demeaning • Listening to others with an objective ear and trying to understand their point of view • Avoiding gossip, name calling, and what may be perceived as offensive or "off-color' humor • Taking responsibility for your own behavior Preventative Measures You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking various actions during the performance of your duties as a volunteer or private contractor. The following are ways in which you can help: Know and enforce the rules regarding the sexual conduct of offenders. • Be professional at all times. ■ Make it clear that sexual activity is not acceptable. • Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and sexual harassment as serious. • Follow appropriate reporting procedures and assure that the alleged victim is separated from the alleged predator. • Never advise an offender to use force to repel sexual advances. Detection All staff, including volunteers and private contractors, is responsible for reporting immediately and confidentially to the appropriate supervisor any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment. After immediately reporting to the appropriate supervisor, you are required to document the information you reported. You will be instructed by the supervisor regarding the appropriate form to be used for documentation. You will take necessary action (i.e., give direction or press your alarm) to prevent further harm to the victim. I have read the information above and understand my responsibility to immediately report any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment. Volunteer/Contractor Name (Printed) Date Signed Signature of Volunteer/Contractor Current Assignment within Institution Contact Telephone Number Supervisor in Current Assignment Page 2 of 2 1 .. j _ � } City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Attachment 1 Agreement for Use of Training Facilities CITY OF FRESNO POLICE DEPARTMENT REGIONAL TRAINING CENTER 6375 W. Central Ave. Fresno, CA 93706 Phone: 559-621-2157 Fax: 559-621-2175 AGREEMENT FOR USE OF TRAINING FACILITIES In consideration for the use of the Training Facilities it is mutually agreed as follows: 1. Description of Property. The property subject to this Agreement is that property located at 6375 W. Central Ave., and adjacent land and structures commonly known as follows: Fresno Police Department (FPD) Regional Training Center (RTC) ("Training Facilities"), which consists of the following amenities - Smart Classrooms, Mat Room. Six Tactical Pistol Ranges, 200 Yard Rifle Range and Sniper Tower, Tactical Training House, K-9 Field and an Emergency Vehicle Operations Course (EVOC) with Pursuit Intervention Technique (PIT) area and Skid Pad, and Driver Awareness Pad. 2. Purpose. California Department of Corrections and Rehabilitation ("CDCR") is hereby given a nonexclusive license to use the Training Facilities for meeting and Physical Fitness Testing purposes only. This license also includes exclusive access to office space designated by CITY on the premises. This license is personal to CDCR and shall not be assigned. Any attempt to assign the license shall automatically terminate it. No legal title or leasehold interest in the Training Facilities or premises is created or vested in CDCR by the grant of this license. 3. Reservations for Facilities. CDCR shall request in writing specific days and specific times for the use of the Training Facilities at least 10 calendar days prior to the date of the requested use. Requests shall be submitted to the Fresno Police Department Training Facility, 6375 W. Central Avenue, Fresno, California 93706, which will then dispatch a written confirmation of the reservation. It is understood that other contracting parties with the CITY may have a similar use of the Training Facilities, and reasonable accommodation of all such parties is the desired objective. CDCR's use of amenities will be subject to availability. REQUEST FOR FACILITY USAGE SHALL BE SUBMITTED TO: FRESNO POLICE DEPARTMENT REGIONAL TRAINING CENTER 6375 W. Central Ave. Fresno, California 93706 Phone: 559-621-2157 FAX 559-621-2175 - 1 - ............................................................................................................................................................................................................................................................................:::................................................................................................................................ ................ ..................................................................................................................................... .... ....................... .......................................... .... ........ ........................................................ ................ ............ ................ ........ ........ ............................. .................... ............... .................................................. .......... .... ........ .. ... ... ... ........................_—...............—...................—__...—...................................................................—......_. ... ..... ...... ... ... .. � s ... ... ... ...... ...... :::.. ...... ...... ... ........ ... ...... ........ ........ ...... ... ... ... ... ...... ................ ...... ... ........... ... .. ................................ ...... ..... .. ... ... ......................... ...... ... ............ ... .. ....................... ...... ... ........... ... .... ..... .... ... ... c,. 4- x q: City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Attachment 1 Agreement for Use of Training Facilities 4. Limitations. (a) The use of the Training Facilities is subject to the understanding that the amenity is/can be reserved only if not in use by the CITY or other similar contracting parties with the CITY. (b) CITY reserves the right to close the Training Facilities during times of emergency, when needed by the Fresno Police Department for its activities, for repair and maintenance, or in the event of non-appropriation of sufficient funds for its continued operation. (c) The use of the Training Facilities is subject to the understanding that all of the Training Facilities are made available on an "as is" condition. (d) CDCR may make an appointment with CITY to inspect the Training Facilities prior to use. CDCR recognizes and accepts that the Training Facilities may not be suited for training or qualification of any kind and accepts the Training Facilities with all defects, latent or patent. (e) All persons using the Training Facilities shall complete a "Release, Waiver and Indemnity Agreement" form, attached hereto as Attachment 2. (f) No private use of the Training Facilities is permitted, except as expressly provided for in the then current Fresno Police Department Regional Training Center Operations Manual ("Manual") as the Fresno Police Department may amend from time-to-time, prescribing procedures and conditions in utilizing the Training Facilities, a copy of which is attached and incorporated into this Agreement (including any future amendments) as if fully set forth herein. Guests and non-CDCR members or persons not expressly included with CDCR's prescribed use of the Training Facilities, are not allowed to enter the Training Facilities without the prior express written consent of the Fresno Police Department Regional Training Center Supervisor who may in his/her sole discretion require the person to complete a City of Fresno release form (depending upon the nature and purpose of the entry, the form may or may not be the form attached in Attachment 2). In any event, all such guests and non-CDCR members or persons shall be the sole responsibility of CDCR and subject to all Fresno Police Department Training Center rules, regulations and directions of its staff. (g) CDCR will maintain the Training Facilities in a safe operative condition while in use by the CDCR and will be responsible for monitoring the testing location(s) to ensure no unsafe conditions exist for its applicants and candidates. CDCR shall report any unsafe condition to FPD RTC staff immediately. (h) Utilities (water and electricity) that are available without alteration, or modification by CITY will be supplied without charge and the repair and maintenance of the Training Facility will be the responsibility of CITY. - 2 - .... ... ........... ... ............... ..................................................................................................................................................................... .................................................................................................................................................................................................. .................................................................................................................................................................................................................................................................................................................................................................. ................... ........... .................................................................................................................................................... ... ... ...... ... ................ ...................................................................................... ..................................................- ....... ..... ... ... .............................................. ...... ...... ...... ...... ........... ... ........... ... ...... ... ... ... ... ... ...... ... ... ... ...... ...... ... ...... ... ...... ...... ... ... ...... ... ...... ...... ... ... .... ... ... ... ... ... ...... ... ...... ... ... ... ... ..... ... ... ...... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ........... ......... ...... ...... ...... ................. ........ ..... ... ......... ... .......... .......................... ................... ...... ........... ..... ... ........ Ar City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Attachment 1 Agreement for Use of Training Facilities (i) CDCR will contact the Fresno Police Department Duty Office at (559) 621- 2375 whenever a unit enters the Training Facilities for a reserved period of use that is during non-business hours as set forth in the then current Manual. CDCR shall be responsible for ensuring that the entrance remains locked and secure at all times with alarm activated. (j) Any improvements installed or provided by CDCR shall be submitted to CITY in writing and are subject to the written approval by CITY prior to the installation period. Approval by CITY is in CITY's sole and absolute discretion, and may be withheld for any reason. Fixtures shall remain following termination or expiration of this Agreement. (k) CITY, or its duly authorized representatives or agents, may enter upon said premises at any and all reasonable times during the term of this Agreement for the purpose of determining whether the CDCR is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of CITY. (1) CDCR shall supply its personnel with all equipment necessary to use the Training Facilities (m) After each use of the Training Facilities, CDCR's personnel shall leave the Training Facilities in the same condition it was in before use including, but not limited to, removal of personal equipment belonging to CDCR. If the Training Facilities are not restored to the same condition it was in before use, the CITY reserves the right to charge CDCR for the costs the CITY incurs in restoring the Training Facilities to their prior condition including, without limitation, the storing of any such personal equipment. CDCR shall promptly pay for all charges upon receipt of written notice or invoice. (n) CDCR shall not interfere with the use of the Training Facilities by other users. 5. Indemnification, Release and Waiver. (a) To the furthest extent allowed by law, CDCR forever releases, discharges, indemnifies, holds harmless and defends the CITY and each of its officers, officials, employees, agents and volunteers (referred to collectively as "CITY" in this Section) from and against any and all loss, liability, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, CDCR or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of CDCR's use of the Training Facilities. CDCR's obligations under the preceding sentence shall apply regardless of whether CITY is negligent, but shall not apply to any loss, liability, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of CITY. - 3 - At ... ...... ... ...... ... ... .... ......... ........... ..................................................................... .............. ................................................................. .............. ......................................... ......................... ... .............. ...................... ... ... ......... .......... ........ ....... ......................................................................................................................................................................................................................................................................................................................... .............. ...................... .. ........ ... .... ... ri i1 ffi ... ... ... ... ... ... . ....... .... .............................................................................................................................................................. ... ... ... ... .... ... ......... ...... ...... ...... ...................... .............. ................... . ................................... ... ... ....... ................................................................. ... ...... .............................................. ... ...... ... ... ...... ... ................. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ...... ......... ... ...... ... . ... ... ......... ... ........... ... ... ........... ... ...... ... ... ... ... ... ... ...... ...... ... ... ... ... ... ... ... ... ... ... ... ......... ol City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Attachment 1 Agreement for Use of Training Facilities (b) CITY shall not be liable for any damage to any property owned or leased by CDCR, or in CDCR's care, custody or control, or for any bodily injury or death to any person, arising or alleged to have arisen from the hidden, latent, or obvious defects in the premises, Training Facilities or equipment used. (c) CDCR acknowledges that the Training Facilities and activities involving Physical Fitness Testing have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. (d) CDCR VOLUNTARILY ASSUMES THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE AND/OR WRONGFUL DEATH TO CDCR WHILE PARTICIPATING IN TESTING ACTIVITIES AT THE FACILITIES AND/OR USING THE FACILITIES, AND DOES HEREBY VOLUNTARILY RELEASE AND DISCHARGE THE CITY FROM, AND DOES WAIVE ANY RIGHT OF ACTION OR CLAIM FOR, ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE AND/OR WRONGFUL DEATH CAUSED BY CITY'S NEGLIGENCE, EXCEPT WHEN CAUSED SOLELY BY THE GROSS NEGLIGENCE OF CITY. (e) The license granted hereunder is freely revocable by CITY and in view of such fact, CDCR expressly assumes the risk of making any expenditures in connection with this license, even if such expenditures are substantial. Without limiting any indemnification obligations or other waivers contained herein and as a material part of'the consideration for this license, CDCR fully RELEASES, WAIVES AND DISCHARGES any and all claims, demands, rights, and actions in law or equity against, and covenants not to sue, CITY under any present or future laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation or the payment of just compensation under the law of eminent domain, or otherwise at equity, in the event that CITY exercises its right to revoke or terminate this license. (f) CDCR, as a material part of the consideration to be rendered to CITY under this Agreement, waives all claims against CITY for damages to all CDCR's personal property in, on, or about the Training Facilities. (g) CITY shall not be liable to CDCR for any damage by or from any act or negligence of any other user of the Training Facilities. CDCR agrees to pay for all damages to the Training Facilities, as well as all damage to other persons using the Training Facilities while participating in CDCR functions and to the property of those persons caused by CDCR's misuse or negligent use of the Training Facilities. (h) This Section shall survive expiration or termination of this Agreement. 6. ConformitV with Law and Safety. CDCR shall observe and comply with, and shall ensure that its personnel utilizing the Training Facilities observes and complies with, all applicable requirements contained in the then current Manual and with all applicable laws, ordinances, codes and regulations of all governmental agencies, including federal, state, - 4 - .... ... .. ........... ... ........................................................................................................................................................................................: .. .................................................................................................................... ................... ........................... ...................... ... ... '8 ... & l: V Y: a •- r .. ... ... ... ... € .: r W ... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... W.: ... ...... w ... rr• q a r � A City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Attachment 1 Agreement for Use of Training Facilities municipal and local governing bodies having jurisdiction over aspects of this Agreement. The use of the Training Facilities by CDCR shall be in accordance with the then current Manual and these laws, ordinances, codes and regulations. CDCR shall hold CITY harmless from any and all liability, fines, penalties and consequences from any noncompliance or violations of such Manual, laws, ordinances, codes and regulations. 7. Accidents. If a death, personal injury or property damage occurs in connection with the performance of this Agreement, CDCR shall immediately notify the Fresno Police Department Regional Training Center Administrator, Duty Office, in person or by telephone. CDCR shall promptly submit to CITY and the Fresno Police Department Regional Training Center a written report, in such form as may be required by CITY, of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of CDCR's liability insurance carrier; (3) a detailed description of accident and whether any of CITY's equipment, tools, material or staff were involved. 8. City Property. CDCR shall promptly pay for or restore any damage to CITY property caused by CDCR and arising out of the performance of this Agreement, upon receipt of written notice or invoice. CDCR shall not use CITY premises, property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement. 9. Drug-Free Workplace. CDCR and CDCR's employees shall comply with the CITY's policy of maintaining a drug-free workplace. Neither CDCR nor CDCR's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine and amphetamines, at the CITY facility, including the Training Facilities. If CDCR or any employee of CDCR is convicted or pleads nolo contendre to a criminal drug statute violation occurring at a CITY facility or work site, the CDCR within 5 days thereafter shall notify the Fresno Police Department Regional Training Center in writing. Violation of this provision shall constitute a material breach of this Agreement. 10. Non-discrimination. CDCR assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1990, the Americans With Disabilities Act of 1990 and that no person shall, on the grounds of race, creed, color disability, sex or national origin, age, religion, sexual orientation, Vietnam-era Veteran's status, political affiliation, or any other non-merit factors be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under this Agreement. 11. Assignment of Agreement. Nothing contained in this Agreement shall be construed to permit assignment or transfer by CDCR of any rights under this Agreement and such assignment or transfer is expressly prohibited and void. - 5 - r: 7' .. ... a x $ s R i ... ... ... ... ... ... ... g w ... .,... ... ` w • 1 City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Attachment 2 Release, Waiver and Indemnity Agreement CITY OF FRESNO POLICE DEPARTMENT REGIONAL TRAINING CENTER 6375 W. CENTRAL AVE. Fresno, CA 93706 Phone: 559-621-2157 Fax: 559-621-2175 www.FresnoPolice.net RELEASE, WAIVER AND INDEMNITY AGREEMENT California Dept. of Corrections & Rehabilitation (Print Your Full Name) (Print Name of Your Agency "Permittee" This Release, Waiver and Indemnity Agreement (hereinafter referred to as "Agreement") must be completed by all individuals who will be using any of the facilities at the above address (hereinafter referred to as "facilities"), premises owned by the City, or will be training in manipulative skills subjects at such facilities, including, without limitation, the following: Physical Fitness Testing. In consideration for being granted permission to participate in testing activities at the facilities and/or use the facilities, I, the undersigned, do hereby agree: 1. To the furthest extent allowed by law, to forever release, discharge, indemnify, hold harmless and defend the City of Fresno and each of its officers, officials, employees, agents and volunteers (hereinafter referred to collectively as "City") from and against any and all loss, liability, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, myself or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of my participation in the training activities at the facilities and/or my use of the facilities. My obligations under the preceding sentence shall apply regardless of whether City is negligent, but shall not apply to any loss, liability, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City. 2. City shall not be liable for any damage to any property owned or leased by me, or in my care, custody or control, or for any bodily injury or death to any person, arising or alleged to have arisen from the hidden, latent, or obvious defects in the premises, facilities or equipment used. 3. The permission granted hereunder is freely revocable by City and in view of such fact, I expressly assume the risk of making any expenditures in connection with this permission, even if such expenditures are substantial. Without limiting any Page 1 of 2 City of Fresno Police Department Agreement Number C5608239 California Department of Corrections and Rehabilitation (CDCR) Attachment 2 Release, Waiver and Indemnity Agreement indemnification obligations of myself or other waivers contained in this permission and as a material part of the consideration for this permission, I fully RELEASE, WAIVE AND DISCHARGE forever any and all claims, demands, rights, and actions in law or equity against, and covenants not to sue, City under any present or future laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation or the payment of just compensation under the law of eminent domain, or otherwise at equity, in the event that City exercises its right to revoke or terminate this permission. 4. 1 understand and acknowledge that facilities and activities involving Physical Fitness Testing •have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. 5 TO VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY, PROPERTY 4 DAMAGE AND/OR WRONGFUL DEATH TO MYSELF WHILE PARTICIPATING IN TRAINING ACTIVITIES AT THE FACILITIES AND/OR USING THE FACILITIES, AND DO HEREBY VOLUNTARILY RELEASE AND DISCHARGE THE CITY FROM, AND DO WAIVE ANY RIGHT OF ACTION OR CLAIM FOR, ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE AND/OR WRONGFUL DEATH CAUSED BY CITY'S NEGLIGENCE, EXCEPT WHEN CAUSED SOLELY BY THE GROSS NEGLIGENCE OF CITY. 6. To reimburse City for all costs and attorney's fees incurred by City in enforcing this Agreement. 7. 1 am aware that this is a release of liability and a contract between the City and myself, and agree that the contents of this Agreement shall be binding upon my heirs, executors, administrators and assigns. 8. This Agreement shall survive my use of the facilities and any participation in testing activities at the facilities. 9. 1 acknowledge that I (i) have read and fully understand the content of this Agreement; (ii) have been given the opportunity to have such Agreement reviewed by an attorney and to consult with my attorney, in my discretion; (iii) have been fully and completely advised of the potential dangers incidental to engaging in the testing activities and/or using the facilities; and (iv) am fully aware of the legal consequences of signing this Agreement. I am signing this Agreement voluntarily with a full understanding that by signing it I do hereby release the City of Fresno, its officials, officers, employees, agents and volunteers from all liability resulting from my use of the facilities and/or participation in testing activities. DATE: SIGNATURE: Signal Permittee Page 2 of 2 � SCANNED