AGENDA
ITEM
8 ALEXICO AGENDA
CALEXICO California ITEM
8 CITY COUNCIL
AGENDA STAFF REPORT
DATE: July 2, 2025
TO: Mayor and City Council
APPROVED BY: Armando Orozco, Interim City Manager/Police Chief se PREPARED BY: Juan Contreras, Interim Fire Chief Jpe
SUBJECT: Approval of Mutual Aid Agreement C5612845 Between the Calexico Fire Department and the California Department of Corrections and Rehabilitation - Centinela State Prison.
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Recommendation:
Staff recommends that the City Council approve Mutual Aid Agreement C5612845 between the Calexico Fire Department and the California Department of Corrections and Rehabilitation - Centinela State Prison and authorize the Interim Fire Chief to execute the agreement and all related documents on behalf of the city.
This agreement strengthens regional emergency response readiness by formalizing mutual aid protocols between two key public safety agencies. Approval of this agreement will:
• Enhance the City's capacity to respond to large-scale incidents by leveraging additional personnel, apparatus, and logistical support from CDCR-CEN. • Promote inter-agency coordination and operational consistency during emergencies affecting multiple jurisdictions.
• Ensure reciprocal assistance during times of need without imposing undue financial burden on the City.
• Comply with state guidelines for mutual aid cooperation under the California Master Mutual Aid Agreement framework; and
• Reaffirm the City's commitment to regional safety, preparedness, and collaboration with state agencies.
Staff believe this agreement is in the best interest of the City's public safety infrastructure and recommends its approval without modification.
Background:
The Calexico Fire Department (CLX FD) and the California Department of Corrections and Rehabilitation (CDCR), Centinela State Prison (CEN), seek to enter into a mutual aid agreement to ensure effective coordination and resource sharing during emergency incidents. This agreement will enhance the region's disaster response capability and ensure reciprocal support during incidents such as fires, rescues, earthquakes, floods, and other large-scale emergencies.
Discussion and Analysis:
Agreement C5612845 formalizes the cooperation between CLX FD and CEN by outlining the operational scope, response areas, communication protocols, and command structure. Key provisions include:
Operational Area: Services are to be rendered within the designated boundaries outlined in Exhibit A-1.
• Resource Sharing: Each party may voluntarily provide personnel, apparatus, and supplies based on availability.
• Command Structure: Responding units shall be under the direction of the Incident Commander but will supervise their own personnel consistent with operational needs. • Compensation: No monetary exchange will occur between parties; however, the requesting agency will provide necessary consumables (e.g., fuel, food, water). • Indemnity: Each party agrees to indemnify and hold harmless the other for its own negligent acts or omissions.
• PREA Compliance: CLX FD agrees to abide by the Prison Rape Elimination Act policies when operating within CAL facilities.
• Termination Clause: Either party may terminate the agreement with 30 days' written notice.
Fiscal Impact:
There is no direct fiscal impact. Any response costs will be covered through mutual aid protocols or reimbursed through existing interagency agreements or emergency funding streams.
Coordinated With:
City Manager's Office
Centinela State Prison
Attachments:
1. Agreement C5612845 - Mutual Aid Agreement Between CLX FD and CDCR
2. Exhibit A-1 - Operational Area Map
3. Exhibit B- PREA Policy Acknowledgment Forms
2 SCO ID: 5225-C5612845
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev. 04/2020) C5612845
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
California Department of Corrections and Rehabilitation
CONTRACTOR NAME
City of Calexico Fire Department
2. The term of this Agreement is:
START DATE
Upon Approval
THROUGH END DATE
March 31, 2030
3. The maximum amount of this Agreement is:
$0.00
Zero 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.
Exhibits Title Pages
Exhibit A Mutual Aid Agreement 6
Exhibit A-1 Operational Area Map 1
Exhibit B CDCR 2301 PREA Policy Info for Volunteers and Contractors 3 +
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 https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Calexico Fire Department
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation Exhibit A Mutual Aid Agreement
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
608 Herber Avenue Calexico CA 92231
PRINTED NAME OF PERSON SIGNING TITLE
JUAN CONTRERAS ire Chief
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
California Department of Corrections and Rehabilitation
CONTRACTING AGENCY ADDRESS CITY STATE TZIP
9838 Old Placerville Road, Suite B-2 Sacramento CA 95827
PRINTED NAME OF PERSON SIGNING TITLE
MICHAEL WHITE Section Chief, Service Contracts Sections
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
X MP ON (If Applicable)
CA ORNIA D PAR M NO GN RALS RVIC S APPROVAL
Contracting Agency Authorized Signature Date Signed
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City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation Exhibit A Mutual Aid Agreement
MUTUAL AID AGREEMENT
California Department of Corrections and Rehabilitation Centinela State Prison
and
City of Calexico Fire Department
THIS AGREEMENT is made and entered into this Upon Approval Date, between the City of Calexico Fire Department and the California Department of Corrections and Rehabilitation (CDCR) / Centinela State Prison (CEN).
1. OBJECTIVES
To make resources of the CDCR, CEN Fire Department and the City of Calexico Fire Department available to prevent and combat the effect of disasters which may result from such calamities as storm, flood, fire, earthquake, war, sabotage, and riot.
Each of the parties hereto should voluntarily aid and assist each other in the event that a disaster should occur, by the interchange of services and facilities including but not limited to fire, rescue, relief and communications to cope with the problems of rescue, relief, and evacuation arising in the event of a disaster.
It is necessary and desirable that a cooperative agreement be executed for the interchange of such mutual aid on a local basis.
2. RESPONSE PLAN
A. RESPONSE AREA SPECIFICS
The response area covered under the general guidelines of this Agreement is not to exceed the boundaries within the Operational Area. (Refer to Exhibit A-1, Operational Area Map).
In the event resources are needed outside the local operational area, notification must be made to the responding party's Emergency Operations Coordinator.
B. GUIDELINES GOVERNING RESPONSE
Upon requests for mutual aid assistance, the requested fire service organization will send equipment, personnel, and other resources as available to any area within the Operational Area. The authority in charge of the agency called for assistance shall be the sole judge of how much assistance can be furnished under the circumstances of each particular case. It is agreed that neither party to this Agreement shall be liable in any way to the other, or its inhabitants or any other person, firm or corporation for failure to give assistance as requested.
C. RESOURCE AVAILABILITY
In the event that resources are unavailable for response, notification shall be made to the appropriate emergency operations center and/or local agency. Once resources are restored and available for response, notification shall be made to appropriate emergency operation centers and/or the local agency to indicate availability.
D. TYPES OF RESPONSES COVERED
The base premise of this plan assumes that any specific resources identified by this plan to be dispatched are available and in their respective normally assigned response area. Should this not be the case at the time of the dispatch, the resources dispatched by either agency will be the closest available resources.
E. PROTECTIVE CLOTHING
It shall be the responsibility of the agency sending emergency personnel to ensure that such personnel are provided protective clothing and equipment as required by California Code of Regulations (CCR), Title 8, Article 10.1., Section 3401 through 3410.
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation Exhibit A Mutual Aid Agreement
F. COMMUNICATIONS CAPABILITIES
It shall be the responsibility of the jurisdiction sending requested resources to ensure that responding personnel and equipment have adequate communications capability and that such communications be interoperable.
Fire and Rescue Dispatch Center is the El Centro Dispatch which is adequately equipped for emergency operations and operates 24-hours a day, 365 days a year. It is equipped to permit direct communications with all fire and rescue service agencies within their area of operations. It is staffed with competent personnel and equipped with such maps, charts, records and operational data as are necessary to perform emergency operations. Alternate Fire and Rescue Dispatch Centers should have the same capability as the primary center, thus ensuring continued operations in the event of failure of the primary centers.
G. DISPATCH
Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following condition:
Any request for mutual aid hereunder shall be written or verbal and will include a statement of the requested resources and shall specify the location of the response. A verbal request shall be made by contacting Centinela State Prison's Central Control at (760) 337 7900 extension 5577, which is monitored 24 hours a day, 7 days a week.
H. CONTROL OF RESOURCES
Responding mutual aid units will come under the direction of the Incident Commander within whose jurisdiction the emergency has occurred. However, the providing jurisdiction shall supervise and direct their own personnel and equipment as far as is possible, consistent with the direction of the Incident Commander.
I RELEASE OF RESOURCES
A responding agency shall be released by the requesting organization when, in the judgment of the Incident Commander, the services of the responding party are no longer needed. The responding agency may be recalled by its fire chief or his/her designated representative, if in their opinion, a need exists for the responding party to render services within the agency's normal service area.
3. CIVIL RIGHTS
The extension of benefits under the provisions of this Agreement shall be without discrimination as to age, handicap, race, creed, sex, or national origin.
4. NONDISCRIMINATION
The parties to this Agreement shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d through 2000d- 6); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973(29 U.S.C. 794), which prohibits discrimination on the basis of disabilities and provides for "reasonable accommodation" in hiring of persons with disabilities; (d) The Older American Act of 1965 as amended (42 U.S.C. 3056 and 6101 et. seq.); and (e) USDA 9 AR, Title VI Implementation Regulations.
5. AMENDMENTS
This Agreement may only be amended by written mutual consent of the parties hereto.
6. NO AGENCY
The parties hereto agree that Centinela State Prison, its inmates, agents, employees and officers shall not be considered an employee or agent of the City of Calexico Fire Department in the performance of this Agreement. In addition, it is mutually agreed that Centinela State Prison and/or its inmates will not be used to replace or be used in lieu of City of Calexico Fire Department employees.
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation Exhibit A Mutual Aid Agreement
The parties hereto agree that City of Calexico Fire Department, it's agents, employees and officers shall not be considered an employee or agent of Centinela State Prison in the performance of this Agreement.
7. COMPENSATION
No party to this Agreement will be required to pay any monetary compensation to any other party to this Agreement for services rendered hereunder, the mutual advantage and protection afforded by this Agreement being considered adequate compensation to all parties.
The party receiving aid will be responsible for providing supplies and material, such as gasoline, oil, food and water for on-site use of equipment, and for the personnel who are engaged in providing aid hereunder.
This Agreement is intended to cover day-to-day mutual aid only, and shall be of no effect at times when the State of California, Master Mutual Aid Agreement becomes operative.
8. INDEMNITY
To the fullest extent permitted by law, Contractor shall defend, indemnity and hold harmless the State and its directors, officers, employees, representatives and agents from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, penalties, fines, costs and expenses (including, but not limited to attorney fees and costs) arising out of, relating to, resulting from or in connection with the performance of this Agreement, due to the acts, errors or omissions of the Contractor or anyone for whom the Contractor is legally responsible.
To the fullest extent permitted by law, and subject to the availability of funds, the State shall defend, indemnify and hold harmless the Contractor and its directors, officers, employees, representatives and agents from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, penalties, fines, costs and expenses (including, but not limited to attorney fees and costs) arising out of, relating to, resulting from or in connection with the performance of this Agreement, due to the acts, errors or omissions of the State or anyone for whom the State is legally responsible
It is recognized that the interests herein are mutual and the Agreement is entered into for the common good of the general public and the parties hereto, and for strictly governmental purposes.
9. RIGHT TO TERMINATE
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.
The State may terminate this Agreement 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
10. LIABILITY FOR LOSS AND DAMAGES
Any damages by the Contractorto 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.
11. EXTENSION OF TERM
When it is determined to be in the best interest of the State, this Agreement may be amended to extend the term for services as agreed upon by the parties.
12. SECURITY CLEARANCE/FINGERPRINTING
CDCR reserves the right to conduct fingerprinting and/or security clearance through the Department of Justice, Bureau of Criminal Identification and Information (BCIl), prior to award and at any time during the term of the Agreement, in order to permit Contractor and/or Contractor's employee access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined.
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation Exhibit A Mutual Aid Agreement
13. TUBERCULOSIS (TB) TESTING
In the event that the services required under this Agreement will be performed within a CDCR institution, parole office, or community-based program, Contractors and their employees who are assigned to work with, near, or around incarcerated persons or 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 incarcerated persons or parolees, shall be required to furnish to the CDCR Program or 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:
14. BLOODBORNE PATHOGENS
Contractor shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to bloodborne pathogens.
15. PRIMARY LAWS, RULES, AND REGULATIONS REGARDING CONDUCT AND ASSOCIATION WITH
STATE PRISON INCARCERATED PERSONS AND DIVISION OF JUVENILE JUSTICE WARDS Individuals who are not employees of CDCR, but who are working in and around incarcerated persons 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 incarcerated persons or wards. The following is a summation of pertinent information when non-departmental employees come in contact with incarcerated persons or wards.
By signing this Agreement, 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 subcontractors) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison incarcerated persons 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 incarcerated persons 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 HOSTAGE" policy and all prison incarcerated persons, wards, visitors, and employees shall be made aware of this.
SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304; CCR Title 9, Section 30936; WIC Section 1712.
C. All persons entering an institution, facility, or campground 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, 3173.2, 3177, 3288, Title 9, Sections 30275, 30958; 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); CCR Tite 9, Section 30275; WIC Section 1712.
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation Exhibit A Mutual Aid Agreement
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 incarcerated persons 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 incarcerated persons 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, 4534, 4535, 4550, 45/3, 45/3.5, 45/3.6 and 45/4; GeR, Title 9, Sections 30945, 30976; WIC Sections 1001.5 and 1152.
9. It is illegal to give or take letters from incarcerated persons 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 incarcerated persons or wards.
SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, and 3425 ; CCR, Title 9, Section 31609; 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; CCR, Title 9, Sections 30275, 30935. i. For security reasons, visitors must not wear clothing that in any way resembles state issued prison incarcerated person or ward clothing (blue denim shirts, blue denim pants).
SOURCE: CCR, Title 15, Section 3174(b)(1); Title 9, Sections 30275. j.
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; CCR, Title 9, 31100.
16. 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 incarcerated persons at the institution. Specifically, blue denim pants and blue chambray shirts; orange, red, yellow, white, or chartreuse jumpsuits; and/or yellow rainwear shall not be worn onto institution grounds, as this is incarcerated person attire. The 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.
17. 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 CDCR is prohibited.
18. 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.
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation Exhibit A Mutual Aid Agreement
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b. Any State- and Contac or-owned equipment used by he Cont actor for the provision of contract services under this Agreement, 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.
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. e. Contractor, Contractor's employees, and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities.
Electronic and communicative devices such as pagers, cell phones and cameras/micro cameras 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.
19. GATE CLEARANCE
Contractor and Contractor's employee(s) and/or subcontractors) 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.
20. CDCR CONTACT INFORMATION
Should questions or problems arise during the term of this Agreement, the Contractor should contact the following offices:
• Contractor Representative: • CDCR Emergency Operations Coordinator:
Juan Contreras, Fire Chief Carlos Estrada, Fire Chief/Safety Officer (CEN) Phone Number: (760) 768-2153 Phone Number: (760) 455-0084 Email: [email protected] Email: [email protected] • Contract Representative: • General Agreement Issues:
John Gizowski, Procurement and Services Officer II (CEN) Office of Business Services Phone Number: (760) 337-7607 Contracts Management Branch Email: [email protected] Phone Number: (279) 210-3152 Email: m [email protected]
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation Exhibit A-1 Operational Area Map
Imperial County
Mutual Aid Agreement
Operational Area Map
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City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation (CDCR) Exhibit B CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors - Part Rev. 12/2023
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. For purposes of this Policy, the word "staff" includes volunteers and private contractors.
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 these laws and our responsibilities to help prevent, detect, and respond to instances by offenders and staff.
CDCR Policy
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 against offenders encompasses: abusive sexual contact, non-consensual sex acts, and sexual harassment by an offender. Other sections covered by PREA include staff sexual misconduct towards an offender 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 punishments.
• Any other activities intended to discourage or prevent staff or offenders from reporting incidents).
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. 1 Page of 3
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation (CDCR) Exhibit B CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors - Part Rev. 12/2023
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• 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. Staff, including volunteers and private contractors, will request the victim does not: 1) Shower; 2) Remove clothing without custody supervision; 3) Use the restroom facilities; and 4) Consume any liquids.
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.
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation (CDCR) Exhibit B CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors - Part Rev. 12/2023
Volunteer/Contractor Name (Printed) Date Signed
Signature of Volunteer/Contractor Current Assignment within Institution Contact Telephone Number Supervisor in Current Assignment Page of 3
City of Calexico Fire Department Agreement Number C5612845 California Department of Corrections and Rehabilitation (CDCR) Exhibit B CDCR 2301 PREA Policy Information for Volunteers and Contractors CDCR 2301 PREA Policy Information for Volunteers and Contractors - Part Rev. 12/2023
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PART B shall only be completed by contractors who, in the course of their assigned duties, have contact with inmates.
Duty to Report
You are required to answer the following questions:
1) Have you ever engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, other institution?
Yes No If yes, provide the date of the incident and the facility name in the space below. 2) Have you ever 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?
Yes No If yes, provide the date of the incident and the county in the space below.
Have you ever been civilly or administratively found to have engaged in the activity described in question (2) above?
Yes No If yes, provide the date of the incident and the county in the space below. 4) Have you ever received any disciplinary action as a result of allegations of sexual harassment of an inmate in a prison, jail, lockup, community confinement facility, or other institution? Yes If yes, provide the date of the incident and the facility name in the space below.
If you answered "Yes" to any of the questions, please provide the date of the incident and the facility name/county where it occurred:
Date:_
Facility/County Name:
As a contract employee, you have a continuing duty to promptly report, and you are required to notify your employer and the Appointing Authority of the Institution to which you are assigned if the answer to any of the above questions changes.
I hereby certify that there are no misrepresentations, omissions, or falsifications, and that all answers are true and correct. I understand and agree that if any material facts are discovered which differ from those facts stated by me on this form, my services to the California Department of Corrections and Rehabilitation will be discontinued and my contract employer will be notified.
Printed
Signature: Date