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HomeMy WebLinkAbout25879COUNTY OF FRESNO ~'mExl-'cT DATE: 10/20/2009 THlS EXTRACT IS FOR REFERENCE AND INFORMATIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMEMDECISIONS MUST BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED TO THE WUmS PURCHASING OFFICE AT45671 10. CONTRACT NUMBER: P-09474-K CONTRACT TITLE: Polygraph Testing Services CONTRACT PERIOD: 1 1/1/2009 thru 10/31/2012 ;ENCLuDE USING AGENCIES: District Attorney, Sheriff TERMS: Net 45 Days DEUVERY TERMS: DEUVERY TIME: BUYER: K - Jeannine L. Geae CONTRACT VALUE: $26,000.00 Maximum LOCATION: District Attorney and Sheriff VENDOR NUMBER 0000134351 NAME 1 ADDRESS ECN Polygraph and Investigations P.O. Box 438 Selma, CA 93662 REPRESENTATIVE: Raul Herrera TELEPHONE: (559) 285-0586 FAX: (559) 276-6057 E-MAIL: ECNPOLY BYAHOO.COM BOARWGROUPISTATE COMRACT NO: REQUISITION NO'S: 311 1012085,8601000003,8601000002 NW ~wcellation Reference: 964-4740 ~wal short arm Tic Data ~~112012 Adjwtment Evergreen Coda: 964 ~dd0n Kill REPORTS: None Org: 31 11241 5,2860 Sumrsedes 270085E 8 2700848 COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THlS ACTION: For the provision of Polygraph Testing Sewices in accordancce with attached Agreement. SPECIAL CONDITIONS FOR USE: * AUTOMATIC RENEWAL: In the absence of notification from vendor to Purchasing, or instructions from County department to Purchasing, this Agreement will automatically renew for one year on November 1,2010 and November 1,201 1. Extract Page 1 d 1 MSTRlBLmON REQUESTEWBYIDATE ADDITIONAL DISTRIBUTION CXNFWT FILE: Liz Jambsen 81 I BUYER El Sherill Mark Pdi VMDOR AUIXTOR: DEPARTMENT: DistridAnomey REQUISITIOMR: IM County of Fresno COUNTY ADMINISTRATIVE OFFICE GENERAL SERVICES ARPl K. APKARIAN DEPUTY DIRECTOR PROCUREMENT AGREEMENT Agreement Number P-09-474-K September 21,2009 ECN Polygraph Testing Services P.O. Box 438 Selma, CA 93662 The County of Fresno (County) hereby contracts with ECN Polygraph Testing Services (Contractor) to provide Polygraph Testing Services in accordance with Request for Quotation 964-4740 (Exhibit One), Contractor's response to Request for Quotation 964-4740 (Exhibit Two), and Attachment A, attached, and by this reference made a part hereof. TERM: This Agreement shall become effective November 1,2009 and shall remain in effect through October 31, 2010. RENEWAL: Agreement shall automatically renew for an additional one (1) year period except when written notice is delivered by either party to the other expressing intent not to renew. Such notice must be delivered a minimum of sixty (60) days prior to the next expiration date of this Agreement. The maximum number of automatic one (1) year renewal periods under this Agreement is two (2). CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment "A" attached, at the rates set forth in Attachment "A. ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DEFAULT: In case of default by Contractor, the County may procure the articles from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The 4525 East Hamilton Avenue / Fresno, California 93702-4599 / Phone (559) 456-7110 / Fax (559) 456-7831 Equal Employment Opportunity Affirmative Action Disabled Employer PROCUREMENT AGREtMENT NUMBER: P-09-474-K ECN Polygraph Testing Services September 21,2009 Page 2 Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. MAXIMUM: In no event shall the total services performed andlor fees paid under this Agreement be in excess of twenty-six thousand dollars ($26,000.00). TERMINATION: The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses, causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement. INSURANCE: Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. G:\PUBLIC\CONTRACTS & EXTRACTS\K\P-09-474-K ECN POLYGRAPH & INVESTIGATONS.DOC PROCUREMENT AGREEMENT NUMBER: P-09-474-K ECN Polygraph Testing Services September 21,2009 Page 3 6. Automobile Liabilitv Comprehensive Automobile Liability lnsurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Purchasing, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. lnsurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. G:\PUBLIC\CONTRACTS & EXTRACTSW-09-474-K ECN POLYGRAPH & INVESTIGATONS.DOC PROCUREMENT AGREEMENT NUMBER: P-09-474-K ECN Polygraph Testing Services September 21,2009 Page 4 INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Attachment "A, County's Request for Quotation No. 964-4740 (Exhibit One) and the Contractor's Quote in response thereto (Exhibit Two)); (2) Attachment "A"; (3) the County's Request for Quotation No. 964-4740 (Exhibit One) and (4) the Contractor's quotation made in response to County's Request for Quotation No. 964-4740 (Exhibit Two). GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office, retaining a copy for your files. G:\PUBLIC\CONTRACTS 8. EXTRACTSW-09-474-K ECN POLYGRAPH 8. 1NVESTIGATONS.DOC PROCUREMENT AGREEMENT NUMBER: P-09-474-K ECN Polygraph Testing Services September 21,2009 Page 5 Please refer any inquiries in this matter to Jeannine L. Geare, Buyer I, at (559) 456-71 10 or FAX at (559) 456-7831. FOR THE COUNTY OF FRESNO fi* nneth A. Voua hrchasing Supervisor 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: KAV:JLG CONTRACTOR TO COMPLETE: Company: Type of Entity: Limited Liability Company Limited Liability Partnership Corporation General Partnership A44 / 4/dAa@ w b?? vA9 Print Name and ~itl& j' Date Address Address City State Zip ACCOUNTING USE ONLY ORG No.: 31 1 1241 5,2860,2860 Account No.: 7295,7295,7295 Requisition No.: 31 1 101 2085, 8601 000003, 860 1 000002 (1 0108) G:\PUBLIC\CONTRACTS IC EXTRACTSW\P-09-474-K ECN POLYGRAPH & 1NVESTIGATONS.DOC PROCUREMENT AGREEMENT NUMBER: P-09-474-K ECN Polygraph Testing Services September 21,2009 Attachment Page 1 of 1 AmACHMENT "A" SERVICES All material, labor, equipment, taxes etc. to provide Pre-employment Polygraph Testing services as specified within Request for Quotation 964-4740. Polygraph Examination Fee - Pre-Employment (Spanish speaking cases conducted at no extra cost.): $150.00 EA "No-show" Charge: In the event Contractor is subpoenaed on behalf of the County and or/ requested to appear by a Sheriffs and District Attorney's Administration or Representative to testify at an administrative or civil hearing if not allowed to be placed on stand-by: $150.00 Hour Minimum number of exams per day: Maximum number of exams per day: Additional fees: Testimony in Criminal or Civil Proceeding*: * If not allowed to be placed on standby. $150.00 Hour COUNTY COORDINATORS: Any and all notices between the County and the Contractor provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal services, when deposited in the United States Mail, postage prepaid, addressed to such party. DISTRICT AITORNEY SHERIFF'S OFFICE Stephen Rusconi Lieutenant Mark Padilla Business Manager Fresno County Sheriffs Office Fresno County District Attorney's Office Administrative Service / Sheriff Human 2220 T7ulare Street Resources Fresno, CA 93721 2200 Fresno Street Office: (559) 488-281 0 Fresno, CA. 93721 Office: (559) 488-3059 INVOICING: District Attorney 2220 Tulare Street Fresno, CA 93721 Fresno County Sheriff Office 2200 Fresno Street Fresno, CA 93721 G:WUBLIC\CONTRACTS & EXTRACTSW49-474-K ECN POLYGRAPH & INVESTIGATONS.DOC PROCUREMENT AGREEMENT NUMBER: P-09-474-K ECN Polygraph Testing Services September 21,2009 IXHIDIT N@ ON€ CI>UN-WJS RMUEST F(>R QUQTATI(>N NO. 964-4740 G:\PUBLIC\CONTRACTS & EXTRACTSW-09-474-K ECN POLYGRAPH & 1NVESTIGATONS.DOC COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 964-4740 POLYGRAPH TESTING SERVICES August 6,2009 I ORGIReauisition: 2860.31 11 241 51 8601 000002. PURCHASING USE I 1 311101285 ssj G:\PUBLIC\RFQ\9644740 POLYGRAPH TESTING SERVICES.DOC I IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 1 CLOSING DATE OF BID WILL BE AT 200 P.M., ON AUGUST 27,2009. 1 QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. Quotations will be opened and publicly read at that time. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to: Jeannine L. Geare, phone (559) 456-7110, e-mail . . ~ountv~urchasine@co.fresno.ca.us FAX (559) 456-7831. GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached. Check County of Fresno Purchasing's Open Solicitations website at IhmmR.co.fr~no.ca.u~IBidshome2.asp for RFQlRFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQIS)"ATTACHED. Except as noted on individual items, the following will apply to all items in the Quotation Schedule. 1. Complete delivery will be made within calendar days after receipt of Order. 2. A cash discount % days will apply. % TELEPHONE NUMBER ( 1 FACSIMILE NUMBER E-MAIL ADDRESS SIGNED BY PRINT NAME TITLE Proposal No. 964-4740 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) Note: the reference to 'bids" in the following paragraphs applies to RFP's and RFQ's GENERAL CONDITIONS By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. B) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the article and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as specified. C) State brand or make of each item. If bidding on other than specified, state make, model and brand being bid and attach supporting literature/specifications to the bid. D) Bid on each item separately. Prices should be stated in units specified herein. All applicable charges must be quoted; charges on invoice not quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F.O.B. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the firm's name and by an authorized officer or employee. G) Unless otherwise noted, prices shall be firm for 180 days after closing date of bid. 2. SUBMITTING BIDS: A) Each bid must be submitted on forms provided in a sealed envelopelpackage with bid number and closing date and time on the outside of the envelopelpackage. B) Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall noti the Buver in writin0 at once. The Countv shall not be held her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQIRFP. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQIRFP, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQIRFP, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. D) Bids received afler the closing time will NOT be considered. E) Bidders are to bid what is specified or requested first. If unable to or unwilling to, bidder may bid alternative or option, indicating all advantages, disadvantages and their associated cost. F) Public Contract Code Section 7028.15 Where the State of California requires a Contractor's license, it is a misdemeanor for any person to submit a bid unless specifically exempted. 3. FAILURE TO BID: A) If not bidding, retum bid sheet and state reason for no bid or your name may be removed from mailing list. responsible fbr verbal interpretations. ~uestioni regarding the bid 4. TAXES, CHARGES AND EXTRAS: must be received by Purchasing at least 5 working days before bid opening. All addenda issued shall be in writing, duly issued by A) County of Fresno is subject to California sales andlor use tax (8.975%). Please indicate as a separate line item if applicable. Purchasing and incorporated into the contract. - C) ISSUING AGENTIAUTHORIZED CONTACT: This RFWRFP has been issued by County of Fresno Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFWRFP, its content, and all issues concerning it. All communication regarding this RFWRFP shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or B) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-7343401-K. C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. D) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. G:\PUBLIC\RFQ\9644740 POLYGRAPH TESTING SERVICES.DOC Ir, Proposal No. 964-4740 5. W-9 - REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION: Upon award of bid, the vendor shall submit to County Purchasing, a completed W-9 - Reauest for Tax~aver Identification Number and Certification if not already a current vendor with The County of Fresno. This form is available from the IRS to complete on line at htt~:llwww,irs.aovl~blirsodflfw9.Ddf. 6. AWARDS: A) Subject to the local preference provisions referenced in Paragraph 6 below and more thoroughly set forth in the General Requirements section of this RFWRFP, award(s) will be made to the most responsive responsible bidder. The evaluation will include such things as life-cycle cost, availability, delivery costs and whose product andlor service is deemed to be in the best interest of the County. The County shall be the sole judge in making such determination. B) Unless bidder gives notice of allar-none award in bid, County may accept any item, group of items or on the basis of total bid. C) The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. D) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. ' LOCAL VENDORS A) Local Vendor Preference (applicable to RFQ Process only) The following provisions are applicable only to the County's acquisition of materials, equipment or supplies through the RFQ process when the funding source does not require an exemption to the Local Vendor Preference. THE PROVISIONS OF THlS PARAGRAPH ARE APPLICABLE, NOTWITHSTANDING ANY OTHER PROVISIONS OF THlS RFQ TO THE CONTRARY If the apparent low bidder is not a local vendor, any local vendorwho submitted a bid which was within five percent (5%) of the lowest responsive bid as determined by the purchasing agent shall have the option of submitting a new bid within fortyeight hours (not including weekends and holidays) of County's delivery of notification. Such new bids must be in an amount less than or equal to the lowest responsive bid as determined by the purchasing agent. If the purchasing agent receives any new bids from local vendors who have the option of submitting new bids within said fortyeight hour period, it shall award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received, thecontract shall be awarded to the original low bidder as announced by the purchasing agent. B) Local Vendor Defined 'Local Vendor' shall mean any business which: 1. Has its headquarters, distribution point or locallyawned franchise located in or having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the purchasing agent; and 2. Holds any required business license by a jurisdiction located in Fresno County; and 3. Employs at least one (I) full-time or two (2) part-time employees whose primary residence is located within Fresno County, or if the business has no employees, shall be at least ffly percent (50%) owned by one or more persons whose primary residends) is located within Fresno County. 8. TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the flip of a coin in the presence of witnesses or the entire bid may be rejected and re-bid. If the General Requirements of this RFQ statethatthey are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. 9. PATENT INDEMNITY: The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with this bid. 10. SAMPLES: Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within 30 days of bid dosing date) be returned at the bidder's expense. In the absence of such notification, County shall have the right to dispose of the samples in whatever manner it deems appropriate. 11. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the vendor or by pmeeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not releasevendorfrom any obligation hereunder. 12. DISCOUNTS: Terms of less than 15 days for cash payment will be considered as net in evaluating this bid. A discount for payment within ffleen (15) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by Ule County. Standard terms are Net Forty-five (45) days. 13. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS. The %enera1 Conditions" provisions of this RFPlRFQ shall be supsdd if in conflict with any other section of this bid, to the extent of any such conflict. G:\PUBLIC\RFQ\9644740 POLYGRAPH TESTING SERVICES.DOC Proposal No. 964-4740 14. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material Safety Data Sheet for each product, which contains any substance on 'The List of 800 Hazardous Substances', published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act. California State Labor Code Sections 6360 through 6399.7.) 15. RECYCLED PRODUCTSIMATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable productdmaterials which meet stated specifications. 16. YEAR COMPLIANCE WARRANTY Vendor warrants that any product furnished pursuant to this Agreemenuorder shall support a fourdigit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations. "Product" shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or intemal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time andlor date data related codes andlor intemal subroutines that impede the product from operating correctly using dates beyond December 31,1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defects other than year performance. 17. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. Such participating Governmental bodies shall make purchases in their own name, make payment directly to bidder, and be liable directly to the bidder, holding the County of Fresno harmless. 18. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of Califomia andlor local laws and regulations relating to confidentiality, including but not limited to, Caliomia Civil Code, Califomia Welfare and Institutions Code, Health and Safety Code, California Code of Regulations, Code of Federal Regulations. Vendor shall submit to County's monitoring of said compliance. Vendor may be a business associate of County, as that term is defined in the 'Privacy Rule" enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate, vendor may use or disclose protected health information ('PHI")to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HIPAA and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County, as the 'Covered Entity" under HIPAA'S Privacy Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate. Vendor shall not use or further disclose PHI other than as pmittedorrequired by the County, or as required by law without written notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. 19. APPEALS Appeals must be submitted in writing within seven (7) working days after notification of proposed recommendations. Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, Califomia 93702-4599. Appeals should address only areas regarding RFPconhad~ctions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP process, Purchasing will provide a written response to thecomplainant within seven (7) working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of Purchasing, hdshe shall have the right to appeal to the Purchasing AgenffCAO within seven (7) business days after Purchasing's notification; except if, notified to appeal directly to the Board of Supervisors at the scheduled date and time. If the protesting bidder is not satisfied with Purchasing AgenffCAO's decision, the final appeal is with the Board of Supervisors. 20. OBLIGATIONS OF CONTRACTOR: A) CONTRACTOR shall perfom as required by the ensuing contract, CONTRACTOR also warrants on behalf of itself and all subcon&actors engaged for the performance of the ensuing contract that only persons authorized to work in Ule United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. B) CONTRACTOR shall obey all Federal, State, local and special district laws, ordinances and regulations. 21. AUDITS & RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. 22. DISCLOSURE - CRIMINAL HISTORY & CIVIL ACTIONS: Applies to Request for Proposal (RFP); does not apply to Request for Quotation (RFQ) unless specifically stated elsewhere in the RFQ document. In their proposal, the bidder is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and partners (hereinafter collectively referred to as 'Bidder'): Within the three-year period preceding the proposal, they have been convicted of, or had a civil judgment rendered against them for: G:\PUBLICRFQ\9644740 POLYGRAPH TESTING SERVICES.DOC Proposal No. 964-4740 o fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; o violation of a federal or state antitrust statute: o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or o false statements or receipt of stolen property Within a three-year period preceding their proposal, they have had a public transaction (federal, state, or local) terminated for cause or default. G:WBLIC\RFQ\W-4740 POLYGRAPH TESTING SERVICES.DOC Qbotation No . 964-4740 Page 2 BIDDING INSTRUCTIONS TABLE OF CONTENTS PAGE BIDDING INSTRUCTIONS ............................................................................................................. 3 REFERENCE LIST ...................................................................................................................... 10 REQUIREMENTS AND BIDDER QUESTIONNAIRE ................................................................. 11 SPECIFICATIONS ........................................................................................................................ 14 SHERIFF SPECIFICATIONS ........................................................................................................ 14 DISTRICT ATTORNEY SPECIFICATIONS ............................................................................... 14 QUOTATION SCHEDULE ............................................................................................................ 15 ATTACHMENT "A" SAMPLE PERSONAL HISTORY STATEMENT .......................................... 16 ................................................................................................................................. CHECK LIST 17 G:\PUBLIC\RFQ\9644740 POLYGRAPH TESTING SERVICES.DOC m Q'uotation No. 964-4740 Page 3 BIDDING INSTRUCTIONS CONTRACT SERVICES The County of Fresno Purchasing on behalf of the Sheriff Department and the District Attorney is soliciting bids to establish an agreement(s) under which the successful bidder will provide all labor, materials, insurance, taxes, equipment etc, as necessary to provide Pre- Employment Polygraph Testing Services as specified within this Request for Quotation. The request for services will fluctuate in direct relationship to the number of personnel vacancies in classifications for which the pre-employment polygraph is part of the selection process. Deputy Sheriff, Correctional Officer and District Attorney Investigator applicants are to be tested. Pre-employment polygraph testing shall include questions covering educationttraining, employment history, military training, medical history, driving record, criminal acts, and any history of problems with gambling, alcohol abuse, unusual sexual behavior, thefts, or drug involvement. Other topics as appropriate and within legal guidelines may be introduced with Department approval. Completed reports normally average less than five (5) single-spaced typed pages and completed within five (5) working days. Occasionally a verbal communication will be requested within 24 hours of examination (case per case basis). LOCAL VENDOR PREFERENCE: The Local Vendor Preference does not apply to this Request for Quotation. AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, it content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is identified on page one of this Request For Quotation (RFQ) . G:WBLICUiFQ\9644740 POLYGRAPH TESTING SERVICES.DOC Quotation No. 964-4740 rn Page 4 AWARD: Award will be made to the vendor(s) offering the services deemed to be to the best advantage of the County. The County shall be the sole judge in making such determination. The County reserves the right to make multiple awards. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. ISSUING AGENT: This RFQ has been issued by County of Fresno Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its content, and all issues concerning it. INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFQ and fully inform themselves as to the quality and character of equipment and services required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or interpretation, correction thereof may be requested in writinq from Purchasing, a minimum of seven (7) County business days prior to the bid closing date. Questions shall be delivered to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, CA 93702, e-mailed to CountvPurchasinn@co.fresno.ca.us or faxed to (559) 456- 7831. If faxing the bidder must confirm receipt by phone within one-half (112) hour of transmission. NOTE: Time constraints will prevent County from responding to questions submitted after the cutoff date. Any change in the Request for Quotation will be made by written addendum issued by the County. The County will not be responsible for any other explanations or interpretations. NUMBER OF COPIES: Submit one (1) original and three (3) copies of your quotation no later than the quotation closing date and time as stated on the front of this document to County of Fresno Purchasing. Each copy to be identical to the original, include all supporting documentation (i.e. literature, brochures, reports, schedules etc.). The cover page of each quotation is to be appropriately marked "Original" or "Copy". FIRM QUOTATION: For purpose of award all quotations shall remain firm for at least one hundred eighty (180) days. SPECIFICATIONS: No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown the bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically identified in the quotation it will be assumed that they are included in the total quoted. SALES TAX: Fresno County pays California State Sales Tax in the amount of 7.975% regardless of vendor's place of doing business. MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor. G:WBLIC\RFQ\9644740 POLYGRAPH TESTING SERVICES.DOC Qhotation No. 964-4740 Page 5 QUOTATION REJECTION: Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. BIDDERS' LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFQ. PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services and activities offered in the quotation, whether or not they are provided directly. Further, the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The contractor may not subcontract or transfer the contract, or any right or obligation arising out of the contract, without first having obtained the express written consent of the County. CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of business. The contractor is responsible for ensuring the confidentiality of any information revealed as part of the contractor's services to the County of Fresno by the contractor andlor employees of the contractor. NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno. BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each proposerlbidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a quotationlbid to the County, the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. EXCEPTIONS: Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ with which you CAN NOT or WILL NOT comply. ADDENDUM: In the event that it becomes necessary to revise any part of this RFQ, an addendum will be provided to all agencies and organizations that receive the basic RFQ. SUBCONTRACTORS: If a subcontractor is proposed, complete identification of the subcontractor and his tasks shall be provided. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 1. Employees of the County or public agencies for which the Board of Supervisors is the governing body. 2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders. G:WBLIC\RFQ\9644740 WLYGRAPH TESTING SERVICES.DOC Quotation No. 964-4740 Page 6 3. Persons who, within the immediately preceding twelve (1 2) months, came within the provisions of Subsection (I), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications. 4. Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders. 5. No County employee whose position in the County enables him to influence the selection of a contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. INVOICING: All invoices are to be delivered in duplicate to the ordering department. Each invoice must include the following: a Itemized description of service performed (pre-employment, no-show, etc) Contract Billing price Purchase OrderIContract Number The contractor shall obtain the "invoice to" address when receiving the order. Invoice terms shall be net forty-five (45) days. PAYMENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. CONTRACT TERM: It is County's intent to contract with the successful bidder for a term of one (1) year with the option to renew for two (2) additional one (1) year periods. PRICES: Bidder agrees that prices quoted are maximum for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. SERVICES: Request for Polygraph Testing Services will be placed as required by the various County Departments. INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. G:VUBLIC\RFQ\9644740 POLYGRAPH TESTING SERVICES.DOC Quotation No. 964-4740 Page 7 Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. INSURANCE: Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability lnsurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability lnsurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non- owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Com~ensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. G:WBLIC\RFQ\964-4740 POLYGRAPH TESTING SERVICES.DOC Quotation No. 964-4740 Page 8 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. Within Thirty (30) days from the date CONTRACTOR executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. Proof of maintenance of adequate insurance yiJ be required before award is made to vendor. PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond. DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California. Any claim which cannot be amicably settled without court action will be litigated in the U. S. District Court for the Eastern District of California in Fresno, CA or in a state court for Fresno County. TERMINATION: The County reserves the right to terminate any resulting contract upon written notice. DEFAULT: In case of default by the selected bidder, the County may procure the services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by any other legal means available to the County. ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the County of Fresno. G:\PUBLIC\RFQ\9644740 POLYGRAPH TESTING SERVICES.DOC Quotation No. 964-4740 Page 9 ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with The Civil Rights Act of 1964, The Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. AUDITS AND INSPECTIONS: The Contractor shall at any time during business hours, and as often as the County may deem necessary, make available to the County for examination all of its records and data and respect to the matters covered by this Agreement. The Contractor shall, upon request by the County, permit the County to audit and inspect all of such records and data necessary to ensure Contractor's compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and No1100 dollars ($1 0,000.00), Contractor shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code Section 8546.7). G:WBLIC\RFQ\964-4740 POLYGRAPH TESTING SERVICES.DOC #- Quotation No. 964-4740 Firm: Page 10 REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services (preferablv California State or local aovernment agencies). Be sure to include all requested information. Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: v/I,I/./M/M/I,.,.~M~m~,m,~~#,~~m w,- - m- m .&*/.S,# -,*,*m...*. * F # m #'.z.,.,m ,",".* x . #..,m..,.,m'm.'m~r,s,K m,wm,m,N/&,*/m/#/I/I/I/#/I/M/M/mH/I/M/A Reference Name: Contact: Address: City: State: Zip: Phone No.: ( 1 Date: Service Provided: ./m/I/~/I,I/I,I,I,/l/l,Imm/I#I,Im.~.ImImI.mx.mm.mm~#~~).N~Im..UUImIImIP~.mffm/mm~mmIm~I/I/I,I,I,I,I,I,I,I/I,I/~/1 Reference Name: Contact: Address: City: State: Zip: Phone No.: ( 1 Date: Service Provided: .,I,I,I,I,/l~,I~M,.II,ImIII~.I*.~II~JP~~~I/~~JJ*~*~~,~ff.~~~x~~mm*,ms.m~*~~m~~~~~m,I#~m,m,m,I,I,I,I,I/.,I/I/~I/~ Reference Name: Contact: Address: City: State: Zip: Phone No.: ( 1 Date: Service Provided: ~/M/I,I,.,I,I,I/IIImm/mm~mm~.~~m~~~~,~,#~~~~**m..~".~"m~~*~~.~~~*."~~#~~,#~~~mmm,~mm,m,m,~,I,I,I,I,I,I,I,.,I,I/I/* Reference Name: Contact: Address: City: State: Zip: Phone No.: ( 1 Date: Service Provided: Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. G:WBLIC\RFQ\9644740 POLYGRAPH TESTING SERVICES.DOC n Quotation No. 964-4740 Page 11 Firm: REQUIREMENTS AND BIDDER QUESTIONNAIRE Bidder shall respond to the following: 1. At least five (5) years experience as a polygraph examiner conducting pre-employment testing in the field of law enforcement. List names of all examiners, length of service, indicate full time or part time. 2. Describe your firms experience in conducting pre-employment testing in law enforcement field. 3. Graduate from an accredited American Polygraph Association Polygraph School. List school, location, and year. 4. Must be a member in good standing with one of the following polygraph associations. A. The American Polygraph Association (APA) 6. California Assoc. of Polygraph Examiners (CAPE) C. National Polygraph Association (NPA) List any professional associations to which your firm belongs. Include documentation with this Request for Quotation. G:\PUBLIC\RFQW4740 POLYGRAPH TESTING SERVICES.DOC F Quotation No. 964-4740 Page 12 Firm: 5. All equipment will be provided by the examiner and must be current and guaranteed to operate in accordance with acceptable industry standard. Describe equipment, including makelmodel and age. Describe any back up equipment. 6. Must be able to schedule and complete pre-employment exams within five (5) working days or less of request. Special or emergency requests will need a quicker response time. What is the completion time your firm will need to schedule, complete and provide report to the County of Fresno. 7. Every effort is made to ensure the candidates keep their scheduled polygraph appointments, however the no-show rate for approximately 400 exams was still at 11%. Does your firm charge for no-show? If so, describe. 8. Must be willing to conduct exams at the Sheriff Office, District Attorney Office, or other approved location within the County of Fresno. All costs for travel should be included in the cost for the test. lndicate your compliance. 9. Must adhere to the established ethics, standards and practices of The American Polygraph Association (APA) or the California Association of Polygraph Examiners (CAPE) or the National Polygraph Association (NPA). lndicate your compliance. G:\PUBLIC\RFQ\964-4740 POLYGRAPH TESTING SERVICES.DOC n No. 964-4740 Page 13 Firm: 1. Does your firm provide verbal communication with results of examination within twenty four (24) hours of examination? 2. What type of advance scheduling does your firm require for polygraph testing? Please note dayslhours. 3. The successful bidder(s) shall furnish satisfactory proof of the maintenance of insurance as specified within this Request for Quotation. Name of Insurance Carrier: A. Commercial General Liability: Expires: B. Workman's Compensation: C. Professional Liability Expires: Expires Such insurance shall not be cancelled or changed without thirty (30) days advance written notice given to the County 4. The bulk of the polygraph exams are cyclical, to correspond to testing dates. The Sheriffs Department is looking for a company that can handle up to 20 or 30 exams a week, for two week periods, 4 to 5 times a year. Indicate your compliance with this requirement and address any concerns or problems. G:\PUBLIC\RFQW644740 POLYGRAPH TESTING SERVICES.DOC n Quotation No. 964-4740 SPECIFICATIONS Page 14 The County of Fresno Purchasing on behalf of the Sheriffs Department and Fresno County District Attorney's Office is soliciting bids for a polygraph examination company to conduct pre- employment examinations and a limited number of examinations for other investigations. The following and attached pages state the specifications for the required services SHERIFF SPECIFICATIONS The vast majonty of this work will be preemployment exams estimated at between 100 and 150 exams per year. The other exams average between 10 and 20 per year and would be mostly criminal in nature. Normally four to five exams are scheduled per day per examiner and are conducted in the Sheriffs offices or at the examiners home office (if local within the County of Fresno). Usually the vendor is given at least two weeks notice prior to examinations however; there are occasional "emergency" tests that will need quicker response. In the past, some of these emergency cases have been sent to the examiners' home office in an effort to speed up the process. The Sheriff's Department tests two-three times a year for the positions of Deputy I and Deputy II and two-three times a year for the position of Correctional Officer I. The polygraph examination is used as the first stage of the background process and may be used to screen candidates who obviously do not meet the standards. In addition, all new civilian employees in the Sheriffs Department are also given a preemployment polygraph before being hired. The bulk of the polygraph exams are cyclical, to correspond to testing dates. The Sheriffs Department is looking for a company that can handle up to 20 or 30 exams a week, for two week periods, 4 to 5 times a year. Due to the competitive nature of the job market a turn around time on final reports of five days or less is requested. Examination and report quality are very important and the County will reserve the right to review reports and pretest questionnaires prior to selecting the polygraph company. All examinations and questionnaires must meet ADA standards and be free from any form of discrimination. The Department reserves the right to approve any subcontractors who may be used to conduct examinations. The Polygraph examiners will be expected to diligently test the applicants and to thoroughly investigate areas of concern by using additional specific examination questions when needed. While every effort is made to ensure the candidates come for their scheduled polygraph appointments, including reminder calls the day prior to testing, the no-show rate for nearly400 exams in 2005 was still at 1 1 percent. This is a significant amount and contract bidders should consider this portion of the contract carefully. DISTRICT ATTORNEY SPECIFICATIONS The Fresno County District Attorney's Office employs investigators that are peace officers in accordance with Penal Code 830.1. As such, the State of California mandates rigid standards for the employment of those investigators including an in depth background investigation. During the past year, the District Attorney's Office has included pre-employment polygraph examinations as a part of the backgrounding process. In the upcoming year, the need is anticipated for approximately 8-10 pre-employment polygraph examinations. G:\PUBLIC\RFQ\9644740 POLYGRAPH TESTING SERVICES.DOC SEND ORIGINAL OF QUOTATION TO COUNTY PURCHASING. MAKE A COPY FOR YOUR FILE. QUOTATION NO. 964-4740 COMPANY: PAGE 15 F.O.B. POINT SHALL BE DESTINATION OR FREIGHT CHARGES MUST BE STATED IN QUOTATION. UNIT EXTENDED BRAND NAME ITEM DESCRIPTION QTY UNIT PRICE PRICE TRADE # All material, labor, equipment, taxes etc. to provide Pre-employment Polygraph Testing services as specified within this Request for Quotation. Polygraph Examination Fee "No-Show'' Charge (1 1 % estimated) QUANTITIES ARE ESTIMATED Minimum number of exams per day: Maximum number of exams per day: Please state any additional fees if required to testify at administrative or civil hearings. AlTENTlON BIDDER - IMPORTANT 1. BIDDERS ARE TO ENTER THEIR FIRM NAME ON ALL PAGES. 2. BIDDERS MUST INDICATE THE BRAND NAME AND TRADE NUMBERS OF ALL ITEMS THEY ARE QUOTING. IF NOT INDICATED IT WlLL BE ASSUMED BIDDER IS QUOTING AS SPECIFIED. 3. THE COUNTY OF FRESNO IS SUBJECT TO SALESIUSE TAX. BIDDERS ARE TO INDICATE TAX IN SPACE PROVIDED ON THlS FORM, IF APPLICABLE. 4. CASH DISCOUNTS OF LESS THAN 15 DAYS WlLL BE CONSIDERED AS NET IN EVALUATING THlS QUOTATION. 5. PRICES SHALL BE FlRM FOR 60 DAYS UNLESS OTHERWISE STATED. PD-11 (3197) G:\PUBLIC\RFQ\964-4740 POLYGRAPH TESTING SERVICES.DOC /r Quotation No. 964-4740 Page 16 ATTACH M E NT '&A9' SAMPLE PERSONAL HISTORY STATEMENT The following Applicant's Statement of Personal History is used for both the Sheriffs Office and the District Attorney's Office. 1. 2-251 PHs Peace Officer's Personal History Statement: 964-4740 Attachment A 2-251 .pdf 2. 2-255 PHs Dispatchers Personal History Statement: 964-4740 Attachment A 2-255.pdf G:\PUBLIC\RFQ\964-4740 POLYGRAPH TESTING SERVICES-DOC m Quotation No. 964-4740 Page 17 CHECK LIST This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list, are important requirements and is the responsibility of the bidder to submit with the bid package in order to make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with the bid in its entirety. Check off each of the following: 1. The Request for Quotation (RFQ) has been signed and completed. 2. One (1) original and three (3) copies of the RFQ have been provided. 3. Addenda, if any, have been completed, signed and included in the bid package. 4. The completed Reference List as provided with this RFQ. 5. The completed Requirements and Bidder Questionnaire as provided with this RFQ. 6. The Quotation Schedule as provided with this RFQ, has been completed, priced reviewed for accuracy and any corrections initialed in ink. 7. All of bidder exceptions to the County's requirements, conditions and specifications as stated within this RFQ have been indicated. 8. Bidder to Complete page as provided with this RFQ. 9. Lastly, on the LOWER LEFT HAND CORNER of the sealed envelope, box, etc. transmitting your bid, attach the "Request for Quotation Label" and include the following information: County of Fresno RFQ No. 964-4740 Commodity or Service: Pol ra h Testin Services This Checklist does not need to be returned with your bid. G:\PUBLIC\RFQ\964-4740 POLYGRAPH TESTING SERVICES.DOC PROCUREMENT AGREEMENT NUMBER: P-09-474-K ECN Polygraph Testing Services September 21,2009 IXHIDIT NO. lW> CONTRACTOR'S RESPdlNSE T(> C(>UNw9S REQUEST F@R QUOTATItIN NO- 964-470 G:\PUBLIC\CONTRACTS 8 EXTRACTSW-09474-K ECN POLYGRAPH & INVESTIGATONS.DOC REQUEST FOR QUOTATION NUMBER: 964-4740 POLYGRAPH TESTING SERVICES August 6,2009 ORGiRequisiion: 2860,31112415/ 8601000002. PURCHASING USE 3111012085 G:\PUBLIC\RFQ\964-4740 POLYGRAPH TESTING SERVICES.DOC IMPORTANT: SUBklll QUOTATION IN SEALED PACKAGE WlTH QUOTATlON NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 II I I( CLOSING DATE OF BID WILL BE AT 200 P.M., ON AUGUST 27,2009. 11 wuw ~n I IWIYV IIILL UL UW~YLJIULIXLU ~n t I UII t~tv I I IL UI I 1utnL r UI\UI I~~)IIYU I I~VIL uLwur\ I-.L~WU L.U.-I r .IVI- Quotations will be opened and publicly read at that time. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to: Jeannine L. Geare, phone (559) 456-7110, e-mail CountvPurchasina@co.fresno.ca.us FAX (559) 456-7831. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE AnACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE 'COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR QUOTATIONS (RFPS) AND REQUESTS FOR QUOTATIONS (RFQ'SYAITACHED. Except as noted on individual bms, the following will apply to all ibms in the Quotation Schedule. 1. Camplete dehery wl tie made wahi f calendar days afk receipt of Order. 2. A cash diunt N/ % days will apply. COMPANY ECN POLYGRAPH AND INVESTIGATIONS ADDRESS PO BOX 438 SELMA CA 93662 CITY /I 4 STATE ZIP CODE (559) 285-0586 // / (559) 276-6057 FACSIMILE NUMBER ecnpoly@yahoo.com E-MAIL ADDRESS OWNERIEXAMINAR PRlNf NAME TITLE Quotation No. 964-4740 Page 3 CONTRACT SERVICES The County of Fresno Purchasing on behalf of the Sheriff Department and the District Attorney is soliciting bids to establish an agreement(s) under which the successful bidder will provide all labor, materials, insurance, taxes, equipment etc, as necessary to provide Pre-Employment Polygraph Testing Services as specified within this Request for Quotation. The request for services will fluctuate in direct relationship to the number of personnel vacancies in classifications for which the pre-employment polygraph is part of the selection process. Deputy Sheriff, Correctional Officer and District Attorney Investigator applicants are to be tested. Pre-employment polygraph testing shall indude questions covering educationltraining, employment history, military training, medical history, driving record, criminal acts, and any history of problems with gambling, alcohol abuse, unusual sexual behavior, thefts, or drug involvement. Other topics as appropriate and within legal guidelines may be introduced with Department approval. Completed reports normalty average less than five (5) single-spaced typed pages and completed within five (5) working days. Occasionally a verbal communication will be requested within 24 hours of examination (case per case basis). LOCAL VENDOR PREFERENCE: The Local Vendor Preference does not apply to this Request for Quotation. AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, it content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is identified on page one of this Request For Quotation (RFQ). AWARD: Award will be made to the vendor(s) offering the services deemed to be to the best advantage of the County. The County shall be the sole judge in making such determination. The County reserves the right to make multiple awards. HTTP:IMMMn.CO.FRESNO.CA.~WNPGLT~740 POLYGRAPH TESTING SERVICES.DOC Quotation No. 964-4740 Page 4 RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. ISSUING AGENT: This RFQ has been issued by County of Fresno Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its content, and all issues concerning it. INTERPRETATION Of RFQ: Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFQ and fully inform themselves as to the quality and character of equipment and services required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or interpretation, correction thereof may be requested in writinq from Purchasing, a minimum of seven (7) County business days prior to the bid closing date. Questions shall be delivered to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, CA 93702, e-mailed to Count~Purchasin~~co.fresno.ca.us or faxed to (559) 456-7831. If faxing the bidder must confirm receipt by phone within one-half (112) hour of transmission. NOTE Time constraints will prevent County from responding to questions submitted after the cutoff date. Any change in the Request for Quotation will be made by written addendum issued by the County. The County will not be responsible for any other explanations or interpretations. NUMBER OF COPIES: Submit one (1) original and three (3) copies of your quotation no later than the quotation closing date and time as stated on the front of this document to County of Fresno Purchasing. Each copy to be identical to the original, include all supporting documentation (i-e. literature, brochures, reports, schedules etc.). The cover page of each quotation is to be appropriately marked 'Original" or "Copy". FIRM QUOTATION: For purpose of award all quotations shall remain firm for at least one hundred eighty (180) days. SPECIFICATIONS: No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown the bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically identified in the quotation it will be assumed that they are included in the total quoted. SALES TAX: Fresno County pays California State Sales Tax in the amount of 7.975% regardless of vendor's place of doing business. MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor. QUOTATION REJECTION: Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. BIDDERS' LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFQ. HTTP:IMMM12.CO.FRESNO.CA.~WNPGIT~740 POLYGRAPH TESTING SERVICES.DCC Quotation No. 964-4740 Page 5 PRlCE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services and activities offered in the quotation, whether or not they are provided directly. Further, the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The contractor may not subcontract or transfer the contract, or any right or obligation arising out of the contract, without first having obtained the express written consent of the County. CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of business. The contractor is responsible for ensuring the confidentiality of any information revealed as part of the contractor's services to the County of Fresno by the contractor andlor employees of the contractor. NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno. BACKGROUND RR/IEW: The County reserves the right to conduct a background inquiry of each proposerlbidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a quotatiodbid to the County, the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. EXCEPTIONS: Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ with which you CAN NOT or WILL NOT comply. ADDENDUM: In the event that it becomes necessary to revise any part of this RFQ, an addendum will be provided to all agencies and organizations that receive the basic RFQ. SUBCONTRACTORS: If a subcontractor is proposed, complete identification of the subcontractor and his tasks shall be provided. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 1. Employees of the County or public agencies for which the Board of Supervisors is the governing body. 2. Profit-making firms or businesses in which employees described in Subsection (1) serve as , officers, principals, partners or major shareholders. 3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of Subsection (I), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications. 4. Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders. 5. No County employee whose position in the County enables him to influence the selection of a contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of HTTP:IIWWW2.CO.FRESNO.CA.~WNPGIT~740 POLYGRAPH TESTING SERVICES.WC Quotation No. 964-4740 Page 6 such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. INVOICING: All invoices are to be delivered in duplicate to the ordering department. Each invoice must include the following: Itemized description of service performed (pre-employment, no-show, etc) Contract Billing price Purchase OrderIContract Number The contractor shall obtain the "invoice to" address Men receiving the order. Invoice terms shall be net forty-five (45) days. PAYMENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. CONTRACT TERM: It is County's intent to contract with the successful bidder for a term of one (1) year with the option to renew for two (2) additional one (1) year periods. PRICES: Bidder agrees that prices quoted are maximum for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. SERVICES: Request for Polygraph Testing Services will be placed as required by the various County Departments. INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to venfy that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses, damages, liabilities, claims and losses occuning or resulting to County in HTTPJMMMn.CO.FRESNO.CA.WWNPGIT~740 POLYGRAPH TESTING SERVICES.DOC Quotation No. 964-4740 Page 7 connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. INSURANCE: Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability lnsurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion- Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability lnsurance with limits for bodily injury of not less than Two Hundred Fifiy Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R. N., L.C.S. W., M. F.C.C.) in providing services, Professional Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTORS policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. Within Thirty (30) days from the date CONTRACTOR executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, stating that such insurance coverage have HTTP:INVWW~.CO.FRESNO.CA.~SAW~JDWNPGIT~~~~ POLYGRAPH TESTING SERVICES.WC Quotation No. 964-4740 Page 8 been obtained and are in full force; that the County of Fresno. its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. Proof of maintenance of adequate insurance yiJ be required before award is made to vendor. PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond. DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California. Any claim which cannot be amicably settled without court action will be litigated in the U. S. District Court for the Eastern District of Califomia in Fresno, CA or in a state court for Fresno County. TERMINATION: The County reserves the right to terminate any resulting contract upon written notice. DEFAULT: In case of default by the selected bidder, the County may procure the services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by any other legal means available to the County. ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the County of Fresno. ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with The Civil Rights Act of 1964, The Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. AUDITS AND INSPECTIONS: The Contractor shall at any time during business hours, and as often as the County may deem necessary, make available to the County for examination all of its records and data and respect to the matters covered by this Agreement. The Contractor shall, HTTPYlWWW2.CO.FRESNO.CA.~WNffiITMS~4740 POLYGRAPH TESTING SERVICES.DOC Quotation No. 964-4740 Page 9 upon request by the County, permit the County to audit and inspect all of such records and data necessary to ensure Contractor's compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and No1100 dollars ($10,000.00), Contractor shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code Section 8546.7). HTTP:IMIWW2.CO.FRESNO.CA.-NPGlT-740 P0LYGfWI-l TESTING SERVICES.DOC Quotation No. 964-4740 Page 10 Finn: ECN POLYGRAPH AND INVESTIGATIONS REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services (preferably California State or local government agencies). Be sure to include all requested information. Reference Name: CAPT. DAVID BELLUOMINI Contact 559-621 -21 53 Address: FRESNO POLICE DEPT 2326 FRESNO ST. Service Provided: POLYGRAPH 6,. .. .,,, . . ~HHN~/I/NN~WWL.y~~/~I1IY~N~IWI/NI/NI~#/NNHNIU/I/IAI#/I/~I/IAI/I/I/IWI/I/~N~I/II~~ Reference Name: Contad: 559-4883971 Address: FRESNO COUNTY SHERIFF'S DEPT.2200 FRESNO ST City: FRESNO State: CA Zip: 93717 Phone No.: ( 559 ) 488-2575B921 Date: 2002 TO PRESENT Service Provided: POLYGRAPH SERV ICES ~~HN~NkUAIMHNNNI/NIAI~/NIUU/I/I/I/NNI/I/I/I/I/I/I/I/I/I/IYI/I/I/NI/NI/IW/I/NI/NNNI/NI/NNNNIUMI/~N~I~I~~ Reference Name: CHlFF DAVIS Contact: 374-7407 Address: CLOVlS POLICE DEPARTMENT City: CLOVlS State: CA Zip: 93631 Phone No.: ( 559 ) 324-2407 Date: 2005 TO PRESENT Service Provided: POLYGRAPH SERVICES Reference Name: ZHIFF STFVF WRIGHT Contad: 55- Address: REEDELY POLICE DEPARTMENT. C: REEDLEY State: CA Zip: 93654 Phone No.: ( 559 ) 637-5400 Date: 2002 TO PRESENT Service Provided: POLYGRAPH SERVICES Reference Name: CHIFF THQbAAWDSF Contad: AS-876-6363 Address: SANGER POLICE DEPARTMENT City: SANGER State: CA Zip: 93657 Phone No.: ( 559 ) 876-6363 Date: 2002 TO PRESENT Service Provided: POLYGRAPH SERVICES Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. HTTP:IIWWW~.CO.FRESNO.CA.~WNPGITMS~~~~~~~~ PCKYGRAPH TESTING SERVICES.DOC ECN POL YGRAPH & IlVW?.STIGATIONS August 1 1.2009 Contracting Title: Criminal and Pre-employment Polygraph Testing Services ECN Polygraph and Investigations P. 0. Box 438 Selma Ca. 93662 ECN Polygraph and Investigat~ons is owned by Raul R Herrera. I have eighteen (1 8) years of sworn law enforcement, investigative experience. I have an extensive invest$ptions background which includes hundreds of interviews and interrogations, a vital aspect in the polygraph field. When I was assigned to HomicideNiolent CrimesIOIS Detective Unit, I was responsible for investigating countless English and Spamh speakmg cases and helping Dept of Justice polygraph examiners with Spanish speaking examinees. ECN is located in Selma Ca, which is centrally located within the County of Fresno, only ten (10) minutes south of Fresno. As of July 2009, ECN has been operating out of 4170 N. Brix Avenue in Fresno. Pre-employment examhdiom are conducted in a thorough manner and any unresolved issues can be resolved by administering a Specific Issue Exam. ECN is concerned with the quality and integrity of those individuals who are going to be serving the corn- in which we reside and will work with background investigators to help with this endeavor. All reports will be provided in a timely manner. Criminal examinations are also conducted in a thorough manner through experience, attention to detail and expert court testimony. Spanish speaking cases me also conducted at no extra cost ECN is available seven (7) days a week, twenty-four (24) hours a day. ECN can be coxkcted by cellular telephone or E-mail. ECN is also available for scheduling. Special conditions for rate ks are as follows; Pre-employment- $150.00 per test, Criminal exams - $300.00 per examination, or in the event of multiple subject cases, the fee would apply to each subject tested. There are no additional chaqes for Spanish speaking cases No additional charge for n* shows if other applicants me scheduled for the same day. No additional charge for court appearances based on a '%ourt Standby" notice. Insurance provided and maintained by Raul R Herrera through, 'Tomplete Equity Markets" Member of American Polygraph Association (APA)), Member of the Fresno County Sheriff Sergeant Association Equipment- Lafayette LX 4000 with updated GSR sensitivity and software. Next day service repair warranty through Lafhyette. Dell Inspiron 8 1 00 computer Report to be completed and delivered to Agency within five (5) work w. ECN POL YGRAPH & INVESTIGATIONS To Whom It May Concern:, I am very interested in providing polygraph services to the county of Fresno. I have enjoyed providing a quality service to the county of Fresno over the past few years and look forward to continue to service your great county and it's departments.. I am a retired Fresno County Sheriff Sergeat and take pride in my work and understand the need to be thorough and efficient when conducting polygraph examinations for the law enforcement and fire agencies. I have always been available when called upon to conduct one or more polygraphs for the agencies I service and have provided very detailed reports in a timely fashion. I have received positive feedback l?om the personnel and human resource department that oversee the hiring process at tbese agencies. I have dso had positive feedback fiom many of the back background investigators after they have been provided the report I authored on the applicant. I have conducted many polygraphs for the county of Fresno and other law enforcement agencies and have a good understanding of what additional information is needed and keep this in mind while conducting my examination and interview of the applicant. I have also always maintained a "ZowXey" approach to poJygz-apb testing and interviews of the applicants. I have not had a single applicant challenge any of my examinations or request an appeal process. I have learned through my extensive investigative background that making the examinee comfortable and confident is all one needs to obtain the information needed. I use a "Certified Pre-employment Examination" and adhere to the strict guidelines set forth by the Americans with Disabilities Act and the American Polygraph Association. I am insured by an APA recognized insurance company. I understand the importance of selection process and I know my experience in Law Enforcement will help to provide a professional and reliable service. I am currently servicing the following Police Agencies: Selma Police Department, Madera Police Department, Kingsburg Police Department, Sanger Police Department, Reedley Police Department, Fresno Fire Department and the Madera County Department of Corrections, Kerman Police Department and the Fresno County SheriffDepartment. Please review the attached Resume for additional information about ECN. Thank you for considering ECN for your polygraph needs. I look forward to hearing fkom you in the npture. Quotation No . 964-4740 Page 2 BIDDING lNSTRUCTlONS TABLE OF CONTENTS PAGE BIDDING INSTRUCTIONS ......................................................................................................... 3 REFERENCE LIST .................................................................................................................... 10 REQUIREMENTS AND BIDDER QUESTIONNAIRE ......... .. ..................................................... 11 SPECIFICATIONS ..................................................................................................................... 14 .................................................................................................... SHERIFF SPECIFICATIONS 14 DISTRICT AlTORNEY SPECIFICATIONS ................................................................................ 14 QUOTATION SCHEDULE ......................................................................................................... 16 AlTACHMENT "A" SAMPLE PERSONAL HISTORY STATEMENT ........................................... 17 CHECK LIST ................ .. ....................................................................................................... 18 HTTP:IIWWW~.CO.FRESNO.CA.US~O~WWT~~~~ POLYGRAPH TESTING SERVICES.WC Proposal No. 964-4740 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) Note: the reference to 'bids' in the following paragaphs applies to RFPs and RFQ's GENERAL CONDlTlONS By submitting a bid the bidder agrees to the Miowing conditions. These conditions will apply to aU subsequent purchases based on this bid. i . BID PREPARATION: A) Allpricesandno$tionsmustbetypedorHlrittenininkNoeresues permitted. Emxs may be awsed out initiaied and Mxrectiom printed in ink by person signing bid. B) Brand Names: Brand names and numbers Hlhen given are for reference. Equal item will be cansidered, pmvided the offer deady desaibestheartideand howitdiffcasfromthatspecified. lnthe absence of such infamation it shall be undentood the offering is exactly as specified. C) ~bmndamakeofeacheachlbem.lfbiddingonalherthan~ s4te make, model and brand being bid and attach supputing liispecifications to the bid. D) Bid on each item separabdy. Ricw should be stated in unh specified herein. All applicable dmrges must be qualsd; dmrges on invoice not quoted herein will be dilld. E) Timeofddiveryisa~dthe~andmdbeMin definite terms and must be adhered to. F.O.B. Point shall be destination or freight charges must be stated F) All bids must be dated and signed with Ute firm's name and by an authorized officer aemplorpee. G) Unless otherwise noted, prices shall be firm for 180 days afferdoslg date of bid. 2. SUBMlmNG BIDS: A) Each bid must be submitted on fams pmuided in a sealed e~~M~ad~~d~on~ outside ofthe envdcpe/package. B) lnkrpreWon:Shouklany~8nciesor~befoundm~ bid specifications a docrbt as to their meaning, the bi shall notify theBuyerinrmibngatom?a TheCounty~~beheM responsible for wbal inkqeWm. Questions regarding the bid must be received by Purchasing at least 5 wwking days before bid opening. All addenda issued shall be in Hlriting, duly issued by Purchasing and incarporabed into the conk& C) ISSUING AGENTlAUTHORlZED CONTACT: Thii RFCURFP has been issued by County of Fresno Fmhasing. Purchasing shell bethe vendds sole point damtact with regard to the RFQIRFP, ilr- and all issues concerning it All communication regarding this RFCURFP sttall be dieGted to an authorized repmabh of County Puchasing. The specific buyer managingttii RFQisidwnihedon~anmparge,along~hku her telephone number, and he a she shouU be the primary point of umtact for disassions or information pertaining to the RFQ/RFP. Con$d w&+ 8ny olttner Ccnmtytqmed&b, including elected officials, for the purpose of discussing this RFCVRFP, its content, or any other issue -.ng it, is prohibited unless auiJKuized by Pwchasing. Violation of this clause, by the vendor having unauhized con$ct (verbally or in witing)withsuchatherCountyrepresentelives,may~grounds The above stated restriction on vendor contact with County reprwen$tives shall apply until the County has avmded a pmke orderor~toavendOeorwdars,e3cceptasfolkmEFiiinthe &that a vendor initides a ford pmtest against the RFQIRFP, such vendor may contad the appropriate individuat or individuals who are managing that probest as dined in the County's estsMished pdest proceduesAllsuchamktmustbeindmwiththe~set khundsrttre~pcc4ms Sacwrd, mkttheewmtapdiihearing is scheduled befae the Board of Supervisas to hear testimony prior to its qprwal of a puchese wder or conba& any vendor may address the Board. E) Bidders are to bid what is specrfied or requested first If unable to or unwitrmg to, bii may bid altanative a aption, indicating all adventages,diandthei~cost F) PublicC~CodeSection7028.i5 Where the Safe cat Cdi requires a Contractor's license, it is a misdemeam for any person b dmita bid unless specificalyexenpbd 3. fAKUfaE7iiBIO: A) If not bidding, return bid sheet and state reason fa no bid or your name mayberemaredfmmmsilinglist 4. TAXES. CHARGES AND EXTRAS I A) County of Fresno is subject to Caliia sales andlor use tax (8.975Oh). ~~asa~~item1appIicable. B) W NOT indude Federal Excise Tax Cinmty is exempt under RegisBation No. 967343401 -K. C) County is exempt from Federal TranspoMon Tax Exemption cdkak k not requied when? shipping papen show mmigm? as Counly of Fremo. D) Chges fcr fmqmbih, containen, packing, etc. will not be paid unless specified in bid. Proposal No. 964-4740 5. W-9 - REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION: 3. Employs at least one (1) full-time a two (2) pat-time emplayees WpnmaY residence is located *in Fresno County, a if the ~husrroenpby%s, stran beatleastfiRYpercent(Xl%) owned by one or more persons whose primary residence(s) is lmted within Fresno County. TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the Rip of a coin in the presence of wilnesses a the enthe bid may Upon awd d bid, the \Rnda shall submit to County Masing, a completed W-9 - Request fos Tawaver Identitication Number and Certification if not already a current vendor with The County of Fresno. This form is available from the IRS to complete on line at _-.:I i-..L::-- -i~#~.n -.;z 6. AWARDS: A) Subject to the local mce provisions referenced in PaFagraph 6 beh and mae tharwghly set f& in the General Requirements section of thii RFQRFP, awad(s) Hlill be made to the most responsive responsible bidder. The evaluation will include such things as liile availabili, Mi cosk and whosepdud 9. andlor senrice is deemed to be in the best interest ofthe County. The County shall be the sde Edge in Wirrg such ddmimh?. be re]eded and re-bid. If the General RequiremenG dthi RFQ state that they are appricsble, the pro* of !he Fresno County Loarl Vendor Reference shall take priority over this paragraph. PATENT INDEMNITY: The vendor shall hold thecounty, itsofkers, agents and employees, harmless from Wi of any rrature a kind, induding costs and eqmses, for infnngernent or use of any qyrighted a unqyrighted composition, secret pmces~ patenkd or unpabki .hvenbn, artide a applmnce fumikhed a used in connection wth this bid B) Unless bidder gives notice d all-u-none award in bid, County may accept any item, pup of item a on the basis of W bid. C) The County reserves the right to reject any and all bids and to wiue infamalilies a irregularilks in b'i SAMPLES: SaqAes, when requked, must be furnishad and dehed free and, if not dahqred by tests mfl lponudbn request (within 30 days d bid dosing date) be returned attheb'Wsexpense. In theabsenced such notkab, CotmLy shall have the right to dispose of the samples in whatever manner it deems appropriate. D) Atter award, all bi shall be apen ta @tic iqxdkn. The CwVq assumes no responsibility fathe confidentiality of infamation dbered in a bid. 7. LOCAL VENDORS A) Local Vendor Reference (applicable to RFQ Recess only) RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: The following provisions are applicable cmly to the Cwnty's acquisition d m9terials, equipment a supplies through the RFQ process when the funding source does not require an exemption to the Local Venda Reference. A] Inceseafdekwtbywmbr, theCountymeypmcurethe~cf senrice fm-n another source and may recover the cost diice and relahi expenses occasianed ttcereby &om any unpaid balance due the vendor a by Wng against- bond dthe vemlor, if any, a by suit against the vendor. The prices paid by the County shall be -the prevailing market price at the time such purchase k made. THE PROVISIONS OF MIS PARAGRAPH ARE APPLICABLE, NOTWITHSTANDING ANY OTHER PROVISIONS W THlSRFQTO THE CONTRARY 0) Articles or &, which upon deli~ery inspection do not meet specitications, 41 be rejeded and the vends will be considered in defauttVendcrshaH~~Countyfcr~rele$dbdeliid ~goodsorservices. If the apparent low bidder is not a local vendor, any local vendcif who submitted a bid which was within five percent (5%) of the lowest responsive bid as debmined bythepurchasing agent shall havethe ophn of submitting a new bid within fatyeight hours (not including weekends and holiys) ofCounh/s deli of mtitidm Such new bids must be in an amount less than a equal to the laurestrespansive bid as determined by the pahamg agent mhe pmkugagent receives any new bids from local vendas who have the option of submitting newbidswithsaid6ab/eigRdhaur period,&shallad C) Rqatks of F.O.B. paint, vendor agees to bear all risks of lass, injury a desbwth to goods and meterids ordered herein which occu prior to delivery and such lass, injuy acbhcbn shall not releese vendor from any oblii hereunder. the contract to the local vendu submitting tfie lowestresponsible bid If no new bids are received. the contract shall be aunvded to the Terms of less than 15 days for cash payment Hlil be ams&red as net in emk&gfhkLii A akomMxp9yment~in~ (15) daysor morewill be cons-dered in determining the award of bid. Dint period will commence ei(herttre(absd~a~d~hythe~.S$ndard~ are Net FW (45) days. original low bi as announced by the purchasing agent 6) Localvendor Defined 'Local Vendor" shall mean any business which: ~ClALmmENmMULEmSEDEGENERAL CONDITIONS. 1. Has its headquarters, d*ulion point a local^ franchise located in a havmg a street address within the County for at least six (6) months immedii prior to the issuance of the request fa conpethe bids by the ptrehasing agent; ad SBECW REQUIREMENT: 2. Holds any required business lii by a jurisdiction located in Fresno County; and Mtheirw&cea viAhint~edyhe.(25)dqsdddivery, the seller must provide to the County a MElbaial Safely Da$ Sheet for each product, which HTTPJMWW2.CO.FRESNO.CA.-WNPGKW4740 FQLYGRAPH TESTING SERVICES.DOC Proposal No. 964-4740 contains any substance on 'The List of 800 Hamdous Substances", published by the State Directar of Indudrial Relatiuns. (See Hatardous SubstsnaslnlimrationBndTrcriningAct~Stsr&LrPbaCade Sections 6380 through 6399.7.) 15. RECYCLED PRODUCTSlMATERIALS: Vendors are encwraged to pmvide and quote (with documentation) recycled or recyefablepnh&hkkkwhich meet dated spedkdiws 16. YEAR COMPLIANCE WARRANTY Vendor mnts that any product furnished pusuant to this Agreementhb shatl s\ppa(a~~ilyear~andbe &to accurately process date and time data fmm, into and beken the twntdh and twenty-fint ceniuries, asdas(eepyeer-"PradufiK &d include, without limitation, any piece or conponent ofequtioinnent haduse, firrnwre, middlewre, custom or commercial sohare, or internal components a sllbroutines themin. This mnty shall swvivetenninalan or expbabion of this Agteement In the event of any decrease in product functionalii or aawacy related to time andlor date data related codes andla internal submutinesthatinpede theprodudfromoperatingcarectlyusingdatesbeyondDecember31, 1999, vendor shall restore or repair the produd to the same level of functionality as mnted herein, so as to minim'= interruption to Cowil)h ongoing business process. time being d the essence. In the event that such mntycompliance~Ihe~d~praysms, the expense for any such assodaeed or additional acquis~tions, which may be required, including, udttou& limdation. dah conversion tads, shall be bane exclusively by vendor. Nothing in this wemanly shaH be conshed to limit any rights a remedies the County may okwk have under this Agreement with respect to defeds other than year perfamance. Venda sttall ermre that any agent induding any subeontracba, to which vedor pmvldes PHI received fmm, a created or re&& by the vemh on behdfaf~, ~cu@y#(ttrthesmae~andcondiinswitfi respect to such infodon. 19. APPEALS Appeak must be &mitt& in mrhng *in seven (7) dhg days after natification of pmpwed recmmndations Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702-4599. Ap&s should adctess only m regarding RFP pmcvement emrs, quo$tian rating diimk. legality of procurement ~amfktd~andirrsppmpriebe~~~pmarement grievance regarding the RFP process. Furcha* will provide a uritten response to the complainantwahin seven (7) hng days unless the complainant is natified mare time is requied. If the pmtesting bii is not satbfied with the decision of Purchasing, hekhe shall have the rigM to appeal to the Pmhasing AgentfCAO within seven (7) business days aRer Purchasmg's natification; except if, notified to appeal dii to the Baard d Supenrisocs at the scheduled date and time. If the pmtesting bii is not satisfied with Puchasing AgentlCAO's decision, the final appeal is with the Board of Supmisus. 20. OBUGATlONS OF CONTRACTOR: A) CONTRACTOR shfl penbnn as requied by the ensuing conkact CONTRACTOR also wananis on behalf of itself and all subcontradors engag& tOF the peshwm. af the ensuing contract that only persons aulhaized to wuk in the United States pusuant to the Immigration Reform and Canbnl Act d 1986 and adher applicable laws shall be employed in the performance of the work hereunder. 17. PARTICIPATION: 8) CONTW:TOR W &q aU Federal, &k, lad and special did Bidder may agree to extend the terms of the resulting conkact to other laws, adinances and regulations political subdivision, -mcrCkamf-. 21. A(IWTS& fElElmuN: Such participating Governmental bodies shall make pmhases in theicmm name, make payment diito bidder, and be liilediectly to the bidder, holding the County of Fresrm harmless 18. CONFIDENTIALITY: All senricesperformedby~shaUbein~~vrithall applicable Federal, State of Caliia andlor local laws and regulations relating to wnfidentiali, including but ndlimited b, Califunii Civil Cade, Caliia Wellare and Institutions Code, Health and Safety Code, California Code of Regulabns, Code of Federal Regulations. Vendor shall submit to County's monibxing of said complimnce. Vendor may be a business associate of County, as fhal fmn is defined in the 'Privacy Rule' enacted by the Health Insurance Portabili and Accountabiii Act of 1996 0. As s HCPM %wines AsslodsBe, vendor may use a disdose prokckd health infamation CPH13 b perfmn functions, activities or semi& for or on beha#dComty & &&xibythe County, provided that such use or dii shall not Mate HlPAAandk implementing regulations. The usesand disclosues if PHI mayndbemae expansive than those applicable to County, as theUCovered under HIPAA'S Privacy Rule, except as authaired for ma- admindrathe or legal reqmdMkd& ~~. Vendu shall not use or furlher dilose PHI ather than as permitid or required by the County, a as requied by taw withoclt unitben notice to the county. ~P~flWWW2.CO.FRESNONOCA.~WNPGTT~740 POLYGRAPH TESTING SERVICES.OOC The Cm shall maintain in good and legible condiion all books, documents, papas, dab t%?s and other records related to its pehance underthiisconbadSuchrecordsshallbeconpleteandavailabletoFresno County, fin? S$$e of Cabiknia. the federal gmment orlhei duly authorized representatives fa the purpose of audii examination, or copying during the termdfhec&mddtOF apgiOdaf atleastthree years following the Coud)ts final payment under the conlract or until condusian of any pending matter (e.9, lii a audit), whicker is ta8er. Such records must be reCained m the manner desaaed &me until all pending metten are clased. DIWOSURE - CR\M\NAC H\STORY 8 CIVIL ACTIONS Applks b Request for Roposal (RFP); does rot apply to Request for Quotation (RFQ) unless qedkally siated elsevvhere in the RFQ document tn 'lhei prqcd, ~~isreguiedto &dose if any of the Miming wndii appb them thei ormen, officers, capaaBe managers and (hereinafter L-dkdkp*bs=m: Within the ~y~ period preceding the proposal, they have been amhcted of, a had a civil judgment rendered against them fa: o kud a a mimid a&m? m cmiech with obtaining, &tempting to min, a pehing a public (federal, state, or local) badon or anhct under a public bansaction; o violatian d a federal a state antibust s$tube; 1C PD-040 (m) Proposal No. 964-4740 o embenlement theft fagery, bribery, fakification, or dedmdbn of records; or o fake sCBtements a receipt of stden pmperty Within a period preceding the^ pmposal, they have had a public bansaction (federal, date, or local) termirmted ta cause a defautt HTTPf~.CO.FRESNO.CA.~WNPGlT~40 POLYGRAPH TESTING SERVICES.DOC Quotation No. 9644740 Page 11 s*m f!d @@ a J#MSt. ~.d( #M 90s Firm: $ha, a 99862 REQUIREMENTS AND BIDDER QUESTIONNAIRE Bidder shall respond to the following: 1. At least five (5) years experience as a polygraph examiner conducting pre-employment testing in the field of law enforcement. List names of all examiners, length of service, indicate full time or part time. RAUL R,. HERRERA, 2001 TO PRESENT, OVER 3000 PRE-EMPLOYMENT POLYGRAPHS AND OVER 100 CRIMINAL POLYGRAPHS 2. Describe your firms experience in conducting pre-employment testing in law enforcement field. I HAVE CONDIUCTED PRE-EMPLOYMENT POLYGRAPH EXAMS FOR OVER 15 LAW ENFORCEMENT AGENCIES INCLUDING THE FRESNO CO DA AND THE FRESNO CO SHERIFF. I WAS INSTRUMENTAL IN SOLVING A HOMICIDE OF A CHILD FOR THE FRESNO COUNTY SHERIFF THROUGH INTERVIEW AND POLYGTAPH EXPERIENCE. I HAVE RECEIVED NUMEROUS PoslnvE RESPONSES FROM VARIOUS LIEUTENANTS AND SERGEANTS FROM FRESNO COUNTY AND OTHER DEPARTMENTS. I AM A RETIRED SGT WITH THE FRESNO COUNTY SHERIFF AND HAVE MANY YEARS OF HOMICIDE INTERVIEW AND INTERROGATION EXPERINCES AS WELL AS MANY YEARS OF POLYGRAPH EXPERINCE. 3. Graduate from an accredited American Polygraph Association Polygraph School. List school, location, and year. BACKSTER'S SCHOOL OF LIE DETECTION IN 2001 4. Must be a member in good standing with one of the following polygraph associations. A. The American Polygraph Association (APA) B. California Assoc. of Polygraph Examiners (CAPE) C. National Polygraph Association (NPA) List any professional associations to which your firm bekngs. lndude documentation with this Request for Quotation. HTTP:IIWWW~.CO.FRESNO.C~~WNPGIT~~~~~ POLYGRAPH TESTING SERVICES.WC Quotation No. 964-4740 3% PPI grwk 4 JINCSI. P. d BW rss stlma, CA 99662 Page 12 Firm: AMERICAN POLYGRAPH ASSOCIATION(APA) CA ASSOCJAJJON OF POLYGRAPH EXAMJNERS(CAPE) CLASSES, NOT A MEMBER 5. All equipment will be provided by the examiner and must be current and guaranteed to operate in accordance with acceptable industry standard. Describe equipment, including makelmodel and age. LAFAY ETTE U 4000, POLYSCORE , U4000 BACK-UP GATEWAY LAPTOP, DELL lNSPlRON BACK-UP Describe any back up equipment. LX 4000 BACK-UP DELL COMPUTER BACK-UP 6. Must be able to schedule and complete pre-employment exams within five (5) working days or less of request. Special or emergency requests will need a quicker response time. What is the completion time your firm will need to schedule, complete and provide report to the County of Fresno. REPORT NO MORE THAN 5 DAYS, POLYGRAPH TESTING ON SATISUN IF NEEDED AND EVENINGS IF NEEDED, 7 DAYS A WEEK FOR EMERGENICES 7. Every effort is made to ensure the candidates keep their scheduled polygraph appointments, however the no-show rate for approximately 400 exams was still at 11 %. Does your firm charge for no-show? If so, describe. H PRICE ($75.00) FOR NO-SHOWS 8. Must be willing to conduct exams at the Sheriff Office, District Attorney Office, or other approved location within the County of Fresno. All costs for travel should be included in the cost for the test. Indicate your compliance. $1 50.00 PER EXAM FOR PRE-EMPLOYMENT, $300.00 PER EXAM FOR CRIMINAL PER SUSPECT, $150.00 PER HOUR IF REQUIRED TO TESTIFY IN A CRIMINAL OR CIVIL PROCEEDING IF NOT ALLOWED TO BE LACED ON STANDBY HTTP~M.CO.FRESNO.Ck~WNMW740 POLYGRAPH TESTING SERVICES.DOC Quotation No. 964-4740 Page 13 .:;"I? pjl graph 4 I~rnj. fl.& a,*ss Finn: $:/MU, 44 99B62 9. Must adhere to the established ethics, standards and practices of The American Polygraph Association (APA) or the California Association of Polygraph Examiners (CAPE) or the National Polygraph Association (NPA). Indicate your compliance. I DO STRONGLY ADERE TO ALL OF THE ETHICS AND STANDARDS SET FORTH BY APA AND CAPE. I AM VERY CAREFUL AND ADHERE TO LlMlTlATlON IMPOSED BY ADA AND ANY OTHER GOVEMENT AND LABOR LAWS AS THEY RELATE TO PRE- EMPLOYMENT AND CRIMINAL POLYGRAPH TESTING 1. Does your firm provide verbal communication with results of examination within twenty four (24) hours of examination? YES, I CONTACT THE DEPT HEAD WITH RESULT AS SOON AS POSSIBLE IF THE REQUEST IT. 2. What type of advance scheduling does your firm require for polygraph testing? Please note days/hours. I HAVE CONDUCTED EXAMS THE NEXT DAY AND ON SOME OCCASION THE DAY OF THE REQUEST FOR THE FRESNO CO SHERIFF'S DEPARTMENT. IF THERE ARE NUEROUS EXAMS REQUESTED I WOULD NEED AT LEAST ONE WEEK TO SCHEDULE THE EXAMS 3. The successful bidder(s) shall furnish satisfactory proof of the maintenance of insurance as specified within this Request for Quotation. Name of Insurance Canier. A. Commercial General Liability: 1700275 Expires: 10/18/09 B. Workman's Compensation: C. Professional Liability SOLE PROPRIETOR Expires: N/A 205647 Expires 10/18/09 Such insurance shall not be cancelled or changed without thirty (30) days advance written notice given to the County 4. The bulk of the polygraph exams are cyclical, to correspond to testing dates. The Sheriffs Department is looking for a company that can handle up to 20 or 30 exams a week, for two , week periods, 4 to 5 times a year. lndicate your compliance with this requirement and address any concerns or problems. I HAVE NO PROBLEM WITH THAT DfMANO AND I HAVE DONE SO FOR THIS DEPARTMENT FOR ABOUT 4-5 YEARS NOW AND HAVE ALWAYS BEEN AVAILABLE TO THEM. HTTP:IMIWW2.C0.FRESNOSNOCA.~WNPGIT~40 POLYGRAPH TESTING SERVCES.DOC Quotation No. 964-4740 Page 14 ~i?V Pfl/94~!3& 4 3c:mSI. ?. 9. #ox 438 Finn: s',~ 6A 99662 SPECIFICATIONS The County of Fresno Purchasing on behalf of the Sheriff's Department and Fresno County District Attorney's Office is soliciting bids for a polygraph examination company to conduct pre- employment examinations and a limited number of examinations for other investigations. The following and attached pages state the specifications for the required services SHERIFF SPECIFICATIONS The vast majority of this work will be preemployment exams estimated at between 100 and 150 exams per year. The other exams average between 10 and 20 per year and would be mostly criminal in nature. Normally four to five exams are scheduled per day per examiner and are conducted in the Sheriffs offices or at the examiners home office (if local within the County of Fresno). Usually the vendor is given at least two weeks notice prior to examinations however; there are occasional "emergency* tests that will need quicker response. In the past, some of these emergency cases have been sent to the examiners' home office in an effort to speed up the process. The Sheriff's Department tests two-#tee times a year for the positions of Deputy I and Deputy 11 and *three times a year for the position of Correctional Officer 1. The polygmph examination is used as the first stage of the background process and may be used to screen candidates who obviously do not meet the standards. In addition, all new civilian employees in the SherifPs Department are also given a pre-employment potygraph before being hired. The bulk of the polygraph exams are @-I, to carespond to testing dates. The Sheriffs Department is looking for a company that can handle up to 20 or 30 exams a week, for two week periods, 4 to 5 times a parar to the ampethz natuve of the pb market a twn around time on final reports of five days or less is requested. Examination and report quali are very important and the County will reserve the right to review reports and pretest questionnaires prior to selecting the polygraph company. All examinations and questionnaires must meet ADA standards and be free from any form of disaimination. The Department reserves the right to approve any subcontractors who may be used to conduct examinations. The Polygraph examiners wdf be eqmted tu difigentfyti3sl the appkmts and to thoroughly investigate areas of concern by using additional specific examination questions when needed. While every effort is made to ensure the candidates come for their scheduled polygraph appointments, including reminder calls the day prior to testing, the no-show rate for neady 400 exams in 2005 was still at 1 1 percent. This is a significant amount and contract bidders should consider this portion of the contract carefully. ~P:IIWMN2.CO.FRESNO.CA.~WNffiIT~740 POLYGRAPH TESTING SERVICES.WC Quotation No. 964-4740 Page 15 The Fresno County Distrid Attorney's Office employs investigators that are peace officers in accordance with Penal Code 830.1. As such, the State of California mandates rigid standards for the employment of those investigators induding an in depth background invesbigation. During the past year, the Distrid Attorney's Office has induded preemployment polygraph examinations as a part of the backgrounding process. In the upcoming year, the need is arrticipaked for approximately 8-10 pmployrnent polygraph examinations. HTTP:IIWWW~.CO.FRESNO.CA.~WNPGITM~~~~~~~~ POLYGRAPH TESTING SERVICES.WC QUOTATION SCHEDULE SENP 0 NAL QF UOTATION TO COUNTY PURCHASING. 9 ;oab~~~ 4 A'mt- MAKE A COPY FOR YOUR FILE. Y.0. 3.m +S8 QUOTATION NO. W740 coMPA~y$tf~u, a 99662 PAGE 16 F.O.B. POINT SHALL BE DESTINATION OR FREIGHT CHARGES MUST BE STATED IN QUOTATION. UNIT EXTENDED BRAND NAME ITEM DESCRIPTION QTY UNIT PRICE PRICE TRADE # All material, labor, equipment, taxes etc. to provide Pre-employment Polygraph Testing services as specified within this Request for Quotation. Polygraph Examination Fee "No-Show" Charge (1 1% estimated) QUANTITIES ARE ESTIMATED Minimum number of exams per day: Maximum number of exams per day: Please state any additional fees if required to testify at administrative or civil hearings. 1 1 BIDDERS ARE TO ENTER THEIR FlRM NAME OF1 ALL PAGES. 2. BIDDERS MUST INDICATE THE BRAND NAME AND TRADE NUMBERS OF ALL CTEMS THEY ARE QUOTiNG. IF NOT INDICATED IT WILL BE ASSUMED BIDDER IS QUOTING AS SPECIFIED. 3. THE COUNTY OF FRESNO IS SUBJECT TO SALESNSE TAX. WDDERS ARE TO -ATE TAX IN SPACE PROWDED ON THIS FORM. IF APPUCABLE. 4. CASH DISCOUNTS OF LESS THAN 16 DAYS WU W C- AS NET W N&WATlNG THIS WOTATDN. 5. PRICES SHALL BE FlRM FOR 60 DAYS UNLESS OTHUiWlSE STATED. ATTENTION BIDDER - IMPORTANT PO-11 (3197) ~J~.CO.FRESW.CAUSM~TTMSW740 POLYGRAPH TESTING SERVICES.WC l* TOTAL ~2 z7$ *- Quotation No. 964-4740 Page 17 AnACHMENT PLAA SAMPLE PERSONAL HlSTORY STATEMENT The following Applicanf's Statement of Personal History is used for the Sheriffs Office and the District Attorney's Office. 1. 2-251 PHs Peace Officer's Personal History Statement: 2. 2-255 PHs Dispatchers Personal History Statement: ........ ., i-. : --- -- ..- - ............. ......................................... ~JMMMn.CO.FRESNO.CA.~~SI9644740 POLYGRAPH TESTING SERVICESBOC