HomeMy WebLinkAbout329071
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Agreement No . 18-548
AGREEMENT
This Agreement for glass replacement , installation , and repa ir services ("Agreement") is
made and entered into this ~.1!L day of September , 2018 ("Effect ive Date "), by and between
the County of Fresno , a political subd ivision of the State of California ("COUNTY"), and San
Joaquin Glass Company, a California corporation whose corporate address is 2150 E. McKinley
Avenue , Fresno, CA 93703 ("CONTRACTOR"). COUNTY and CONTRACTOR may be referred
to as a "Party" or collectively as "Parties" to this Agreement.
WITNESSETH
WHEREAS, COUNTY has a need for glass replacement, installation, and repair services ;
and
WHEREAS , COUNTY issued Request for Quotation (RFQ) No. 19-003, issued on July 30,
2018, for glass replacement, installation, and repair services on an as-needed basis for facilities
located throughout Fresno County;
WHEREAS, CONTRACTOR submitted the only overall responsive bid for providing the
services requested in the RFQ ; and
WHEREAS, the COUNTY evaluated CONTRACTOR's response to the RFQ and
determined that CONTRACTOR is qualified , capable , and willing to perform the work specified in
the RFQ .
NOW, THEREFORE, in cons ideration of their mutual covenants and conditions, the parties
agree as follows :
SECTION 1. --SERVICES
A. COUNTY's RFQ and CONTRACTOR's Response, both of which are attached as Exhibits
A and B , respectively , are incorporated by reference and are made a part of this
Agreement.
8 . CONTRACTOR shall comply with all appl icable Federal, State , County, and City
regulations regarding wages, hours, and working conditions.
C. COUNTY shall provide a COUNTY representative ("County Representative") to represent
the COUNTY who will work with CONTRACTOR to carry out CONTRACTOR's obligations
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shall pay CONTRACTOR for satisfactory services or supplies provided up until the date
of termination.
4 SECTION 7. ·· HOLD HARMLESS AND INDEMNIFICATION
5 CONTRACTOR agree to indemnify, save, hold harmless, and at COUNTY's request
6 defend the COUNTY, its officers, agents and employees, from any and all costs and expenses
7 (including attorney's fees and costs), claims, suits, liabilities, losses and damages occurri ng or
8 resulting to COUNTY in connection with the performance, or failure to perform, by
9 CONTRACTOR, their officers, agents or employees under this Agreement, and from any and all
10 costs and expenses (including attorney's fees and costs), damages, liabilities, claims and losses
11 occurring or resulting to any person, firm or corporation who may be injured or damaged by the
12 performance, or failure to perform, of CONTRACTOR, their officers, agents, subcontractors,
13 assigns, or employees under this Agreement. The provisions of this Section 7 shall survive the
14 termination of this Agreement.
15 SECTION 8. •• INSURANCE
16 Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or any
17 third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the
18 following insurance policies or a program of self-insurance, including but not limited to, an
19 insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the
20 Agreement:
21 A.Commercial General Liability
22 Commercial General Liability Insurance with limits of not less than Two Million Dollars
23 ($1,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
24 ($2,000,000.00). This policy shall be issued on a per occurrence basis. County may require
25 specific coverage including completed operations, product liability, contractual liability,
26 Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed
27 necessary because of the nature of the contract.
28 B.Automobile Liability
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1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the
2 Effective Date .
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San Joaquin Glass Company
PO BOX 6063
Fresno, CA 93703
FOR ACCOUNTING USE ONLY:
FUND: 1045 ; 700
SUBCLASS : 10000; 15000
ORG No .: 8935 , 9026
Account No.: 7220, 7205
By :
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COUNTY OF FRESNO
s -_.., e Board of Supervisors
of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 19-003
GLASS REPLACEMENT, INSTALLATION AND
REPAIR SERVICES
Issue Date: July 30, 2018
Closing Date: AUGUST 22, 2018 AT 2:00 P.M.
All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Shannon W. Kirby at Phone (559) 600-7116.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices and terms stated in this RFQ.
Bid must be signed and dated by an authorized officer or employee.
Except as noted on individual items, the following will apply to all items in the Quotation Schedule:
•A cash discount of % days will apply. County does not accept terms less than 15 days.
COMPANY
ADDRESS
CITY STATE ZIP CODE
( )( )
TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS
SIGNATURE
PRINT NAME TITLE
Purchasing Use: SWK:st ORG/Requisition: 8935 / 1321901007
1 of 29EXHIBIT A
TABLE OF CONTENTS
PAGE
KEY DATES .................................................................................................................... 3
OVERVIEW ..................................................................................................................... 3
BID INSTRUCTIONS ...................................................................................................... 4
GENERAL REQUIREMENTS & CONDITIONS ............................................................... 5
INSURANCE REQUIREMENTS ................................................................................... 15
PARTICIPATION ........................................................................................................... 17
DIR ACKNOWLEDGEMENT ......................................................................................... 17
REFERENCE LIST ........................................................................................................ 18
QUOTATION SCHEDULE ............................................................................................. 19
CHECK LIST ................................................................................................................. 22
EXHIBITS ...................................................................................................................... 23
2 of 29EXHIBIT A
KEY DATES
RFQ Issue Date: July 30, 2018
Written Questions for RFQ Due: August 3, 2018 at 10:00 A.M.
Questions must be submitted on the Bid Page at Public Purchase.
RFQ Closing Date: August 22, 2018 at 2:00 P.M.
Quotations must be electronically submitted on the Bid Page.
OVERVIEW
The County of Fresno (County) on behalf of the Internal Services Department, Facility Services Division
(Facility Services), is requesting quotations from qualified vendors to provide glass replacement, installation,
and repair services on an as-needed in facilities located throughout Fresno County. Vendors interested in
submitting a bid must be located in the City of Fresno or Clovis.
This Request for Quotations (RFQ) is intended to award one or more contractors to provide the services
described herein. Award will be made to the vendors offering the services deemed to be to the best
advantage of the County. The County will be the sole judge in making such determination. Vendors awarded
will be put into an agreement for a term of 3-years with two optional 1-year extensions by mutual consent of
the Purchasing Manager and the qualified vendors.
Facility Services intends to spend approximately $360,000 for the potential 5-year term of the agreement.
County does not guarantee a minimum or maximum number of jobs, total fees, or any fee to be awarded to a
specific vendor during the term of this agreement.
3 of 29EXHIBIT A
BID INSTRUCTIONS
• Bidders must electronically submit bid package in pdf format, no later than the quotation closing date
and time as stated on the front of this document, to the Bid Page on Public Purchase. The County will
not be responsible for and will not accept late bids due to slow internet connection or incomplete
transmissions.
• Bids received after the closing time will NOT be considered.
• All quotations shall remain firm for 180 days.
• Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to
their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held
responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing
prior to the date and time stated within this document. All addenda issued shall be in writing, duly
issued by Purchasing and incorporated into the contract.
• ISSUING AGENT/AUTHORIZED CONTACT: 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.
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, 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 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.
• APPEALS: Appeals must be submitted in writing within seven (7) working days after notification of
proposed recommendations for award. A “Notice of Award” is not an indication of County’s
acceptance of an offer made in response to this RFQ. Appeals shall be submitted to County of
Fresno Purchasing, 4525 E. Hamilton Avenue 2nd Floor, Fresno, California 93702-4599 and in Word
format to gcornuelle@FresnoCountyCA.gov. Appeals should address only areas regarding RFQ
contradictions, procurement errors, quotation rating discrepancies, legality of procurement context,
conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFQ
process.
Purchasing will provide a written response to the complainant within seven (7) working days unless
the complainant is notified more time is required. If the appealing bidder is not satisfied with the
decision of Purchasing, he/she shall have the right to appeal to the County Administrative Office
(CAO) within seven (7) working days after Purchasing’s notification; if the appealing bidder is not
satisfied with CAO’s decision, the final appeal is with the Board of Supervisors. Please contact
Purchasing if the appeal will be going to the Board of Supervisors.
4 of 29EXHIBIT A
GENERAL REQUIREMENTS & CONDITIONS
LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID
PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise Preference do
not apply to this Request for Quotation.
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).
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 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 writing from
Purchasing by August 3, 2018 at 10:00 A.M., cut-off.
Questions must be submitted on the Bid Page at Public Purchase or contact Shannon W. Kirby at (559) 600-
7116.
NOTE: Time constraints will prevent County from responding to questions submitted after the cut-off 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.
AWARD: Award will be made to the vendor(s) offering the services, products, prices, delivery, equipment
and system deemed to be to the best advantage of the County. Past performance (County contracts within
the past seven years) and references may factor into awarding of a contract. The County shall be the sole
judge in making such determination. Award Notices are tentative: Acceptance of an offer made in response
to this RFQ shall occur only upon execution of an agreement by all parties. Award may require approval by
the County of Fresno – Board of Supervisors.
RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive
informalities or irregularities in bids. Failure to respond to all questions or not to supply the requested
information could result in rejection of your quotation.
CODES AND REGULATIONS: All work and material to conform to all applicable Federal, State, local and
special district building codes, laws, ordinances, and regulations.
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.
TAXES, PERMITS & FEES: The successful bidder shall pay for and include all federal, state and local taxes
direct or indirect upon all materials; pay all fees for, and obtain all necessary permits and licenses, unless
otherwise specified herein.
TAXES, CHARGES AND EXTRAS:
A) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K.
B) County is exempt from Federal Transportation Tax. Exemption certificate is not required where
shipping papers show consignee as County of Fresno.
C) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid.
SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and
style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully
describes items that you are bidding.
5 of 29EXHIBIT A
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.
LITERATURE: Bidders shall submit literature, which fully describes items on which they are bidding, not
later than the closing date of this bid. Any and all literature submitted must be stamped with bidders name
and address.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any
merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the
County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and
workmanship and guarantee against breakage and other malfunctions when performing work for which they
are designed.
PACKAGING: Each item listed in the bid gives as part of its description the minimum packaging size that
the County would order. The County feels it more reasonable to order the successful bidder's standard
"carton" sizes; therefore, each bidder is asked to fill in the information for each item. Normally the
circumstances resort to minimum package size orders. Be sure to fill in your "standard" carton size on the
quotation schedule if different from stated.
Quote separate prices on each individual item in County unit of measure (i.e., EA, DZ, PG, not your standard
carton price).
SAMPLES: On request, samples of the products on which you are bidding shall be made available to the
County. County will designate where samples are to be delivered.
Successful bidder's samples may be retained for checking against delivery, in which case allowance will be
made to vendor.
Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon
written request (within thirty (30) days of bid closing 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.
VENDOR ASSISTANCE: Successful bidders shall furnish, at no cost to the County, a representative to
assist County departments in determining their product requirements.
MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed
terms, conditions and requirements with the selected vendor.
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 vendors 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 vendors to be the sole point of contact with regard to contractual matters,
including payment of any and all charges resulting from the contract. The vendors 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.
PRICES: Bidder agrees that prices quoted are for the contract period, and in the event of a price decline
such lower prices shall be extended to the County of Fresno. Prices shall be quoted F.O.B. destination.
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 system
implementation.
6 of 29EXHIBIT A
HIPAA: All services performed by vendor shall be in strict conformance with all applicable Federal, State
of California and/or local laws and regulations relating to confidentiality, including but not limited to,
California Civil Code, California 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 permitted or required 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.
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
proposer/bidder 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 quotation/bid 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.
SECURITY: Security is of great concern to the County. Failure to comply with the security requirements
below will be considered a breach of security and may result in termination of any ensuing contract for
default.
The policies below may change throughout the life of this Agreement, it is the vendor’s responsibility to
request updates from the County. Compliance is mandatory on the following exhibits:
1. The Prison Rape Elimination Act. See Exhibit A.
2. Probation Juvenile Detention Facilities – No Hostage Policy. See Exhibit B.
3. Fresno Sheriff – Coroner’s Office (FSCO) Jail Detention Facilities – No Hostage Policy. See Exhibit C.
Facility Services may also require vendors to comply with “Background Investigations and Identification (ID)
Badges, Exhibit D” on an as-need basis for specific County facilities, including but not limited to the County’s
detention facilities. Request for compliance will be requested from vendor prior to commencing services on
the facility in question.
ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided
to all agencies and organizations that receive the basic RFQ.
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.
7 of 29EXHIBIT A
3.Persons who, within the immediately preceding twelve (12) months, came within the provisions of
Subsection (1), 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 Facility Services, Attn: Manager, 4590 E. Kings
Canyon Road, Fresno, CA 93727. Reference shall be made to the purchase order/contract number and
equipment number if applicable on the invoice. Each vendor will be required to keep legible and detailed
documentation on all work performed under this contract. All documentation must be included in the
invoice. Documentation includes but is not limited to the following items:
•Date of service
•Time of arrival and departure
•Addressed serviced (building location/#, etc.)
•Specific area being serviced (location of the window, etc.)
•Description of services provided
•Number of service hours and hourly rates for services performed
•Material(s) used and cost of materials(s)/equipment
•Notice that warranty of any new material/equipment installed was provided
•Printed name of County representative authorizing the work
•Name of vendor technician providing the service
PAYMENT: Upon satisfactory completion of work, specified herein and approval by the County, payment will
be made in full. Terms of payment will be net forty-five (45) days. County will consider the Bidder’s Cash
discount Offer, in lieu of the net forty-five (45) days payment terms.
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.
ORDERING: Orders will be placed as required by County of Fresno Facility Services.
TERMINATION: The County reserves the right to terminate any resulting contract upon written notice.
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.
8 of 29EXHIBIT A
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.
SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation
(a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status
to operate as a corporation, members of the Contractor’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while Contractor is providing goods or performing services under the
agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a
party and in which one or more of its directors has a material financial interest. Members of the Board of
Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to
commencing with the self-dealing transaction or immediately thereafter.
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 (including
attorney’s fees and costs), 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 (including attorney’s fees and costs), 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.
MATERIALS TO BE NEW: All materials shall be new and of merchantable grade, free from defect. No bid
will be considered unless it is accompanied by a complete list of manufacturer's catalog numbers of the
items, which the bidder proposes to furnish, together with full descriptive literature on all items so
enumerated. If item proposed differs from these specifications, bidder shall present specific explanation of
functioning and structural characteristics for those details which differ from the specifications listed herein.
SAFETY DATA SHEETS: With the invoice or within twenty-five (25) days of delivery, the seller must
provide to the County a 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.)
RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with
documentation) recycled or recyclable products/materials which meet stated specifications.
EXAMINATION OF SITE: Where work is to be performed on County site, each bidder shall have examined
the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of
all problems affecting it. No variations or allowance from the contract sum will be made because of lack of
such examination.
DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the
contractor in the performance of his work shall be replaced or repaired and restored to original condition by
the contractor. Damage shall be immediately documented and reported to Facility Services (559) 600-7242.
CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of waste
materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job
site.
WATER, POWER & TOILET FACILITIES: Successful bidders may use County owned water, power and
toilet facilities at job site (when existing) at no expense to the successful bidders. Successful bidders will be
required, however, to provide piping, fittings and other items as necessary to bring water and power from
existing service to job site.
9 of 29EXHIBIT A
COORDINATE WORK WITH OWNER: Successful bidders shall coordinate and schedule the work with the
County so that any interruption to the normal business operations be kept to a minimum.
INSPECTION: All material and workmanship shall be subject to inspection, examination and test by the
County at any and all times during which manufacture and/or construction are carried on. The County shall
have the right to reject defective material and workmanship or require its correction.
SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and
diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and
compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features
or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent.
STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner.
SAFEGUARDS: The successful bidders shall provide, in conformity with all local codes and ordinances and
as may be required, such temporary walls, fences, guardrails, barricades, lights, danger signs, enclosures,
etc., and shall maintain such safeguards until all work is completed.
SB 854: California law (SB854) now requires public works contractors subject to prevailing wage
requirements to register annually with the Department of Industrial Relations (DIR) and pay an annual fee.
The County of Fresno will not accept public works bids from contractors and subcontractors who have not
registered with the DIR and have not met this requirement. Please refer to http://www.dir.ca.gov/Public-
Works/PublicWorksSB854.html for more information.
This requirement, found in Labor Code Sections 1725.5 and 1770-1777.7, now applies to all public works
projects.
Contractor must submit verification of DIR registration with their quotation. Failure to submit verification may
result in their quotation being considered non-responsive.
PREVAILING WAGES: The work to be done on this project will involve the repair, alteration, maintenance,
installation, rehabilitation, demolition, construction or reconstruction of public buildings, streets, utilities,
and/or other public works. In accordance with Labor Code section 1770, et seq., the Director of the
Department of Industrial Relations of the State of California has determined the general prevailing wages
rates and employer payments for health and welfare pension, vacation, travel time and subsistence pay as
provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093, and
similar purposes applicable to this public work project.
The prevailing wage rates for all hours worked, including holiday and overtime rates, on this project are on
file with the Purchasing Department, 4525 E. Hamilton Avenue, Fresno, California 93702, and are herein
incorporated by this reference. Information pertaining to applicable Prevailing Wage Rates may be found on
the website for the State of California – Department of Industrial Relations:
http://www.dir.ca.gov/oprl/PWD/index.htm. Information pertaining to applicable prevailing wage rates for
apprentices may be found on the website for the State of California – Department of Industrial Relations:
http://www.dir.ca.gov/oprl/pwappwage/PWAppWageStart.asp
It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not less than the
prevailing wage rates, including overtime and holiday rates, to all workers, laborers, or mechanics employed
on this public work project, including those workers employed as apprentices. Further, Contractor and each
subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of
apprentices. A copy of the above-mentioned prevailing wage rates shall be posted by the Contractor at the
job site where it will be available to any interested party.
10 of 29EXHIBIT A
Contractor shall comply with Labor Code section 1775 and forfeit as a penalty to County Two Hundred
Dollars ($200.00) for each calendar day or portion thereof, for each worker paid less than the prevailing
wage rates for the work or craft in which the worker is employed for any work done under this project by
Contractor or by any subcontractor under Contractor in violation of Labor Code section 1770, et seq. In
addition to the penalty, the difference between the prevailing wage rates and amount paid to each worker for
each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall
be paid to each worker by the Contractor or subcontractor.
Contractor and each subcontractor shall keep an accurate record showing the names, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or
her in connection with this public work project. In accordance with Labor Code section 1776, each payroll
record shall be certified and verified by a written declaration under penalty of perjury stating that the
information within the payroll record is true and correct and that the Contractor or subcontractor complied
with the requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its employees
on this public work project. These records shall be open at all reasonable hours to inspection by the County,
its officers and agents, and to the representatives of the State of California – Department of Industrial
Relations, including but not limited to the Division of Labor Standards Enforcement.
BONDS:
PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond.
BONDING COMPANY: The company issuing bonds shall be a corporate surety admitted by the California
Insurance Commissioner to do business in the State of California with an A.M Best rating of B++ VIII or
better.
COORDINATION AND COMPLETION: The successful bidders shall contact and meet with the County
Coordinator at the job site prior to commencement and completion of any work.
Successful bidders shall complete the job as instructed and described in writing by the contract, bid or
amendment. Any problem or questions that arise in the scope of work, the County must be contacted and
the appropriate written amendment generated.
GUARANTEE: The successful bidders shall fully guarantee all aspects of the project for the minimum period
of one (1) year. Such one (1) year period shall commence upon the date of final acceptance by County. The
guarantee shall include but in no way be limited to workmanship, equipment and materials.
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.
DEFAULT: In case of default by the selected bidders, 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.
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 release
vendor from any obligation hereunder
ASSIGNMENTS: The ensuing proposed contract will provide that the vendors may not assign any payment
or portions of payments without prior written consent of the County of Fresno.
11 of 29EXHIBIT A
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.
OBLIGATIONS OF CONTRACTOR: Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of the ensuing contract that only persons authorized to work in the 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.
DATA SECURITY: Individuals and/or agencies that enter into a contractual relationship with the County for
the purpose of providing services must employ adequate controls and data security measures, both internally
and externally to ensure and protect the confidential information and/or data provided to contractor by the
County, preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of
County data including sensitive or personal client information; abuse of County resources; and/or disruption
to County operations.
Individuals and/or agencies may not connect to or use County networks/systems via personally owned
mobile, wireless or handheld devices unless authorized by County for telecommuting purposes and provide a
secure connection; up to date virus protection and mobile devices must have the remote wipe feature
enabled. Computers or computer peripherals including mobile storage devices may not be used (County or
Contractor device) or brought in for use into the County’s system(s) without prior authorization from County’s
Chief Information Officer and/or designee(s).
No storage of County’s private, confidential or sensitive data on any hard-disk drive, portable storage device
or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit
or higher).
The County will immediately be notified of any violations, breaches or potential breaches of security related
to County’s confidential information, data and/or data processing equipment which stores or processes
County data, internally or externally.
County shall provide oversight to Contractor’s response to all incidents arising from a possible breach of
security related to County‘s confidential client information. Contractor will be responsible to issue any
notification to affected individuals as required by law or as deemed necessary by County in its sole
discretion. Contractor will be responsible for all costs incurred as a result of providing the required
notification.
AUDITS AND 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 (3) 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.
EPAYMENT OPTION: The County of Fresno provides an Epay Program which involves payment of invoices
by a secure Visa account number assigned to the supplier after award of contract. Notification of payments
and required invoice information are issued to the supplier's designated Accounts Receivable contact by e-
mail remittance advice at time of payment. To learn more about the benefits of an Epay Program, how it
works, and obtain answers to frequently asked questions, click or copy and paste the following URL into your
browser: www.bankofamerica.com/epayablesvendors or call Fresno County Accounts Payable, 559-600-
3609.
12 of 29EXHIBIT A
BIDDER TO COMPLETE:
GUARANTEED PICK UP AND/OR DELIVERY: Bidder will be considered in award of bid only if they can
guarantee. Enter guarantee on this line (i.e. number of hours or days from receipt of order to delivery):
ADDITIONAL ITEMS:
The County may require additional items from those in bid schedule.
Price list for additional items:
A [ ] percent discount from manufacturer's enclosed price list will be allowed on purchases of all additional
items.
State name of price list, indicate applicable price column and give effective date of price list here:
Prices on additional items will be based on successful bidder's firm discount prices from manufacturer's
current published price list. Successful bidders will be required to file any new price list that may become
effective during the life of the contract with the County of Fresno Purchasing Manager within thirty (30) days
of its becoming effective.
State Purchase Order mailing address:
SUBCONTRACTORS:
List all subcontractors that would perform work in excess of one/half of one percent of the total amount of
your bid, and state general type of work such subcontractor would be performing. The primary contractor is
not relieved of any responsibility by virtue of using a subcontractor:
13 of 29EXHIBIT A
CONTRACTOR'S LICENSE:
Bidders to possess appropriate license for the project in accordance with current regulations/statutes.
The bidders shall possess a current State of California contractor’s License, Class C-17 or another license
class that covers the work to be performed. The proposal must indicate the license held by the bidder, which
enables him/her to perform the work.
If the license is other than a Class C-17, the bidder must explain why his/her license(s) is acceptable. The
County will review and determine if acceptable.
Number and Class:
Date of Issue:
Bidders must also submit verification of Contractor’s License from the Department of Consumer Affairs –
Contractors’ State License Board. Failure to submit verification may result in bidder’s response being
considered non-responsive.
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.
14 of 29EXHIBIT A
INSURANCE REQUIREMENTS
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 Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). 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.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage
should include any auto 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 Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its sole
expense, in full force and effect for a period of three years following the termination of this Agreement,
one or more policies of professional liability insurance with limits of coverage as specified herein.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
Additional Requirements Relating to Insurance:
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.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not
Contractor obtains such an endorsement.
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, Attn: Facility Services manager, 4590 E. Kings Canyon Road, Fresno,
CA 93727, 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.
15 of 29EXHIBIT A
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.
16 of 29EXHIBIT A
BIDDER TO COMPLETE THE FOLLOWING:
PARTICIPATION
The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno,
Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties.
Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by
one of the other agencies.
Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make
payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original
contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate
whether you would extend the same terms and conditions to all tax supported agencies within this group as
you are proposing to extend to Fresno County.
Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley
Purchasing Group and other tax supported agencies.
No, we will not extend contract terms to any agency other than the County of Fresno.
(Authorized Signature)
Title
DIR ACKNOWLEDGEMENT
I acknowledge in accordance with labor Code Sections 1725.5 and 1770-1777.7, that I have registered with
the Department of Industrial Relations (DIR) and all Certified Payroll Records will be uploaded to the DIR
Website. Any additional requirements that materialize from the SB854 legislation will be complied with.
Attached is verification of the DIR registration.
(Authorized Signature)
Title
DIR Number
17 of 29EXHIBIT A
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION.
Firm:
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided similar
products/services. If you have held a contract for similar services with the County of Fresno within
the past seven (7) years, list the County as one of your customers. Please list the person most
familiar with your contract. Be sure to include all requested information.
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ.
18 of 29EXHIBIT A
QUOTATION SCHEDULE
A variety of glass sizes are included in this RFQ. The glass types and sizes included are examples of
glass types previously purchased.
Quotes for services below must include all labor, travel, delivery, taxes, permits, and
miscellaneous costs associated with the services requested in this RFQ.
In the section below, bidders must provide cost for the following products.
PRODUCT DESCRIPTION COST
3/16” Clear Annealed W ith 20% Solar
Silver Film $ Per sq. ft
Weatherstripping $ Per ft.
¾” Diamond Wire Laminated Security
Glass $ Per sq. ft.
¼” Clear Mirror $ Per sq. ft.
¾” OA Diamond Wire Over
Laminated Security Glass $ Per sq. ft.
¼” Clear Tempered Glass $ Per sq. ft.
1” Insulated #14 Tempered/Clear $ Per sq. ft.
3/16” Clear Annealed $ Per sq. ft.
Back – Rod $ Per ft.
Sikka Tubes $ Per sq. ft.
¾” OA Diamond Wire Over Clear
Laminated Security Glass $ Per sq. ft.
¼” Clear Plexiglass $ Per sq. ft.
3/8 “ Clear Plexiglass $ Per sq. ft.
½” Clear Plexiglass $ Per sq. ft.
1” Lexan Plexiglass $ Per sq. ft.
¼” Clear Lexan $ Per sq. ft.
3/8” Clear Lexan $ Per sq. ft.
½” Clear Lexan $ Per sq. ft.
¼” Clear Laminated $ Per sq. ft.
1” OA Low E Over Clear Annealed
Insulated Unit $ Per sq. ft.
19 of 29EXHIBIT A
PRODUCT DESCRIPTION COST
11/16” OA, 1/8” Clear Tempered, ¼”
Lexan, ¼” Pol Wire $ Per sq. ft.
¼” Clear Plate $ Per sq. ft.
1” OA Gray Eclipse Over Clear
Annealed (Ref #1 Surf 11/16) $ Per sq. ft.
1” OA Tempered Solar Ban 50 Mill
Gray $ Per sq. ft.
3/16” Clear Lexan $ Per sq. ft.
¾” OA Clear Laminated Security
Glass $ Per sq. ft.
¾” OA Diamond Wire Laminated
Security Glass $ Per sq. ft.
¾” OA Tempered Bronze Clear $ Per sq. ft.
1/8” Clear Annealed Glass With 20%
Solar Silver Film $ Per sq. ft.
¼” Clear Annealed With 1” Bevel All $ Per inch
1” OA Clear Laminated Security
Glass $ Per sq. ft.
HARDWARE DISCOUNT
A percentage discount from manufacturer’s enclosed price list will be allowed on purchases of hardware,
parts, and materials. Please indicate how the County will be charged for hardware, parts, and materials (for
example, “list -10%, list +10%) and effective date of price list. This agreement will be effective for a potential
5-year term (one 3-year term and two 1-year renewals):
DISCOUNT (%) EFFECTIVE DATE(S)
Successful bidders will be required to file any new price list that may become effective during the life of the
contract with the County of Fresno Facility Services manager within thirty (30) days of its becoming effective.
HOURLY LABOR RATES
Itemize your hourly labor rates for ON-SITE technician services only. Labor charges shall commence upon
arrival at job site and end upon departure from job site. Labor charges shall remain fixed for the entire
20 of 29EXHIBIT A
duration of the contract.
Quotes for services below must include all travel, delivery, taxes, permits, and miscellaneous
costs associated with the services requested in this RFQ.
EMPLOYEE TITLE & SERVICE
DESCRIPTION
NORMAL BUSINESS HOURS
(7 A.M. – 5 P.M.)
OVERTIME HOURS (NON-
BUSINESS HOURS)
Installation services $________ per hour $________ per hour
Board-up services $________ per hour $________ per hour
$________ per hour $________ per hour
$________ per hour $________ per hour
$________ per hour $________ per hour
OTHER SERVICES & PRODUCTS
If bidder is capable of performing any chargeable materials or services associated with the scope of work
outlined in this RFQ and Quotation Schedule, please state the description of the service bidder is capable of
providing and method of determining prices. This can include blackout film, clear tempered glass, smoked
tempered glass, security filming, and UV protective tint. The pricing formula will become a part of the ensuing
contract and will be used when determining future prices.
SERVICE TYPE PRICING METHODOLOGY
*Blackout Film
*Clear Tempered
Glass
*Smoked Tempered
Glass
*Security Filming
*UV Protective Tint
DELIVERY
Please indicate guaranteed delivery of products to County (i.e. number of hours or days from receipt of order
to delivery to County):
21 of 29EXHIBIT A
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. Addenda, if any, have been signed and included in the bid package.
3. The completed Reference List as provided with this RFQ.
4. The Quotation Schedule as provided with this RFQ has been completed, price reviewed for
accuracy and any corrections initialed.
5. Indicate all of bidder exceptions to the County’s requirements, conditions and specifications
as stated within this RFQ.
6. The Participation page as provided within this RFQ has been signed and included
7. Bidder to Complete page as provided with this RFQ.
8. Verification of Department of Industrial Relations Contractor Registration.
9. Verification of Contractor’s License and the Department of Consumer Affairs – Contractors’
State License Board.
10. Return checklist with RFQ response.
11. Completed RFQ in pdf format, electronically submitted to the Bid Page on Public
Purchase.
22 of 29EXHIBIT A
EXHIBITS
A. The Prison Rape Elimination Act (PREA)
B. No Hostage Situations
C. No Hostage Policy
D. Background Investigation and Identification (ID) Badges
23 of 29EXHIBIT A
THE PRISON RAPE ELIMINATION (PREA) ACT
All bidders must comply with the Prison Rape Elimination (PREA) Act as stated below:
“CONTRACTOR shall comply with all Prison Rape Elimination (PREA) Act standards for juvenile correctional
facilities. Training will be provided by Probation at no charge to CONTRACTOR.” “CONTRACTOR will ensure
that all staff assigned to work at the Juvenile Justice Campus (JJC) undergo a pre-employment Live Scan and
criminal background security clearance by the Probation Department at no charge to CONTRACTOR. No
alcoholic beverages/drugs will be brought into any facility. Nor will anyone under the influence of alcoholic
beverages or drugs be allowed inside. In the event of any disturbance inside the facilities, the
CONTRACTOR’S employees will immediately follow the orders of the Facility Administrator or his/her
designees.
CONTRACTOR shall comply with all Probation Department Policies and Procedures. In the event of a dispute
involving COUNTY staff and the contract employee, the on-duty Facility Administrator will have the final
decision.” INFORMATION ON THE PRISON RAPE ELIMINATION ACT CAN BE FOUND HERE:
http://www.prearesourcecenter.org/
24 of 29EXHIBIT A
NO HOSTAGE SITUATIONS
California Code of Regulations
Subject: Hostage Situations
Policy Number: 326.0
Page: 1 of 2
Date Originated: April 1, 2004
Date Revised: February 1, 2008
It is imperative for the safety and security of all persons within Juvenile Justice Campus (JJC) facilities,
as well as for those in the community, that minors are not allowed to leave the secure confines of the
facilities by the taking of a hostage(s). If successful in securing a release through these means minors
would be much more likely in the future to use this practice again in an attempt to escape the confines
of the facilities. This would put those visiting and working at the JJC at higher level of risk and would
jeopardize the safety of the community if the minor was in fact successful in securing his/her release.
The JJC is a “no-hostage” facility. This means that minors will not be released from custody under any
circumstances due to the taking of a hostage(s). Any staff person taken hostage, no matter what their
rank or status, immediately loses their authority and any orders issued by that person will not be followed.
I.HOSTAGE SITUATION PROCEDURES
A.If any minor(s) and/or other person(s) in the facility attempt to hold any person hostage, and
they do not respond to verbal commands to stop staff will immediately notify the Watch
Commander. He/she will respond to the location and assess the situation. If a hostage situation
is in progress the Watch Commander will:
1.Summon assistance from other officers as required.
2.Establish a secure perimeter around the hostage takers and allow no one to pass into it for
any reason without authorization. Risks should not be taken that might allow the taking of
additional hostages.
3.Evacuate all non-essential persons at the scene to a safe location or any housing pod that
is not directly involved in the incident.
4.Direct officers to place minors in uninvolved housing pods in their rooms and have them
remain there until directed otherwise. Minors outside of housing pods will remain in place
under officer supervision until it is safe to return to their respective housing pods or any
housing pod that is not directly involved in the incident.
5.Immediately notify the Director or the Probation Services Manager/Assistant Director in
his/her absence and confer with higher authority as to action to be taken. Administration
in turn will notify the Chief.
25 of 29EXHIBIT A
B.The Fresno Sheriff’s Dispatch Center (488-3111) will be notified immediately and a request for
a trained hostage negotiator and other emergency personnel will be made as needed. Prior to
the arrival of the Sheriff Department’s hostage negotiator the Watch Commander will attempt
to ascertain:
1.The number and identity of both the hostages and hostage takers;
2.Any known weapons possessed by the hostage takers;
3.The demands of the hostage takers.
C.The Watch Commander will retain and direct departing custody officers, as well as, available
Probation peace officer staff to assist with security and safety needs, as necessary. Additional
Juvenile Correctional Officers should be called in as may be needed to insure the safe and
secure operation of the facility.
D.The Watch Commander will coordinate with the Sheriff’s Department all activities taken to
resolve the hostage situation, including the use of appropriate force, and will maintain control
of the facility until relieved of that duty by the presence of a Probation Services
Manager/Assistant Director, Director, or the Chief Probation Officer.
E.Once the hostage situation has been resolved the minors involved should be housed in the
most secure setting available and all appropriate charges should be filed.
F.Each officer and/or non-sworn staff member who was involved or observed the incident will
complete an incident report and if required, the appropriate critical incident evaluation report(s)
regarding the details of the incident prior to the end of his/her shift. (See Incident Report,
located in JAS Probation View, under “Word Templates”.)
G.The Watch Commander will prepare a Critical Incident Investigation Report, using the Critical
Incident Evaluation Report - Page 2 report form and the critical incident evaluation report(s)
completed by the reporting persons at the time of the incident.
II.PARENTAL AND MEDIA INFORMATION
A.Attempts will be made at the direction of Administration to reach the families of the hostages
to advise them of the situation. Notification will also be made to the parents of the hostage
takers as deemed appropriate.
B.All media inquiries will be referred to the Chief’s office per departmental policy.
III.SECURITY AND OPERATIONAL REVIEW
Once the incident has been resolved a team will be established to conduct a security and operational review of the incident.
The review will be conducted within 2 days of the resolution of the incident. The review team will be comprised of the
facility administrator and/or facility Director, Probation Services Manager/Assistant Director and Supervising Juvenile
Correctional Officers who are relevant to the incident. The team will review the circumstances leading up to the incident
and any necessary corrective action necessary to insure that such an incident does not repeat itself.
26 of 29EXHIBIT A
NO HOSTAGE POLICY
EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-06-96, 09-01-99,
12-01-10
APPROVED BY: Sheriff M. Mims BY: Assistant Sheriff T. Gattie
AUTHORITY: California Code of Regulations, Title 15, Section 1029(a)(7)(B) and Penal
Code Section 236.
PURPOSE:
The purpose of this policy is to establish procedures which provide for the resolution of a
hostage-taking incident while preserving the safety of staff, public, inmates, and hostages, and
maintaining facility security.
POLICY:
The Fresno County Sheriff's Office Jail Division maintains a NO HOSTAGE FACILITY
and will not consider bargaining with hostage takers for ANY reason.
It is the policy of the Fresno County Sheriff's Office Jail Division that once any staff member is
taken hostage, they immediately lose their authority and any orders issued by that person will not
be followed regardless of their rank or status.
It is the policy of the Fresno County Sheriff's Office Jail Division that the primary responsibility
of all staff members in a hostage situation is to protect every person involved, if possible, from
serious injury or death.
PROCEDURES:
I.DEFINITION
HOSTAGE SITUATION: any staff member, citizen or inmate held against their will by
another person for the purpose of escape, monetary gain or any reason which may place an
individual in danger of losing life or suffering serious injury.
II.NOTIFICATIONS, CONTAINMENT AND CONTROL OF THE SITUATION
A.Emergency procedures and notifications shall be implemented as per Emergency
Planning procedures (B-101/FILE: EMERGENCY)
27 of 29EXHIBIT A
BACKGROUND INVESTIGATIONS AND
IDENTIFICATION (ID) BADGES
Background Investigations
Prior to the beginning of any services, one (1) background check may be required for every member of
the Contractor’s personnel providing services to a building location for the life of the agreement. The
background check may be required before access is given to any County facility/property. Clearance will
only be granted after a successful background check, completed by the County of Fresno Sheriff’s
Department. Background checks provided by any agency other than the County of Fresno Sheriff’s
Department will not be accepted.
The current cost of a background check is $52 per person. This cost will be incurred by the successful
Bidder. One check covering the cost of background checks for all employees shall be made payable to:
Sheriff, County of Fresno. The successful bidder will be notified regarding the result of background
checks. Those that are accepted will report to County of Fresno Security to have their photo taken and ID
badge issued.
Background checks are done on a first-come, first serve basis between the hours of 7:00 a.m and 12:00
noon. Monday through Friday. The process takes approximately 20 minutes time. The amount of time it
takes to receive the result of background checks varies from one day to a month (or longer), dependent
upon the individual’s history.
Individuals who are cleared through this process are entered into the Department of Justice database.
Their records are flagged and the County of Fresno Sheriff’s Department is notified if the person is ever
arrested in the future.
When required by County, applicants’ background checks must be approved prior to entering any County
facility. Approval will not be granted to any individual possessing any of the following circumstances:
1.They have been convicted of a felony, or any crime involving moral turpitude, or carrying or
possessing a dangerous weapon.
2.They have ever been charged with a felony or are currently under investigation for a felony.
3.They are charged with or convicted of any crime committed in or at a correctional institution.
4.They are currently on parole or probation or are a sentenced inmate at any correctional facility.
5.They have been refused a license as a private investigator or had such license revoked.
6.They have fraudulently represented themselves, their credentials, their employment or their
criminal or arrest record on their application.
7.Make omissions or false statements on their application.
8.They have no valid reason for entering a facility.
9.Their admission into a facility could represents a threat to security, staff or inmate safety.
10.Further information regarding the criteria for background check clearance, including an appeal for
process for someone who may be denied clearance is available upon request.
28 of 29EXHIBIT A
Identification (ID) Badges
The successful bidder’s employees will be issued a badge that must be worn and be visible at all times
during performance of work in any County building to identify the wearer as an individual who is authorized
to enter County facilities.
1.ID badges will be given only after successfully completing the background investigation. ID badges
will be issued when the photo is taken. If electronic access to any County facility is required,
activation of the badge may take an additional 48 hours to complete.
2.The successful Bidder shall pay $11.99 per individual badge by submitting one check covering the
cost for all the Bidder’s employees made payable to: County of Fresno, Security.
3.Costs for ID badges are established by County Auditor and fluctuate annually, therefore the cost of
obtaining a new ID badge for a Bidder’s new employee may not remain the same throughout the
contract term.
4.The wearer will not escort or bring any other individuals into any County facilities. County issued ID
badges are for the exclusive use of the individual named and pictured on the badge.
5.All ID badges will remain the property of the County and are returnable upon demand or upon the
expiration of the contract. The successful Bidder will be responsible for collecting all ID badges
issued and turning them in to the County Security Office when a contract ends or when an employee
leaves employment. The Bidder will assumes all responsibility for their employee’s use of and the
return of the County ID badges.
6.The ID badges will only be issued to individuals passing the Background check. Each individual will
need to present themselves in person with a valid, clean, and legible copy of a Driver’s license or
State issued Identification Card to receive an ID badge.
RFQ 19-003 EXHIBIT D
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NO HOSTAGE SITUATIONS
California Code of Regulations
Subject: Hostage Situations
Policy Number: 326.0
Page: 1 of 2
Date Originated: April 1, 2004
Date Revised: February 1, 2008
It is imperative for the safety and security of all persons within Juvenile Justice Campus (JJC) facilities,
as well as for those in the community, that minors are not allowed to leave the secure confines of the
facilities by the taking of a hostage(s). If successful in securing a release through these means minors
would be much more likely in the future to use this practice again in an attempt to escape the confines
of the facilities. This would put those visiting and working at the JJC at higher level of risk and would
jeopardize the safety of the community if the minor was in fact successful in securing his/her release.
The JJC is a “no-hostage” facility. This means that minors will not be released from custody under any
circumstances due to the taking of a hostage(s). Any staff person taken hostage, no matter what their
rank or status, immediately loses their authority and any orders issued by that person will not be followed.
I.HOSTAGE SITUATION PROCEDURES
A.If any minor(s) and/or other person(s) in the facility attempt to hold any person hostage, and
they do not respond to verbal commands to stop staff will immediately notify the Watch
Commander. He/she will respond to the location and assess the situation. If a hostage situation
is in progress the Watch Commander will:
1.Summon assistance from other officers as required.
2.Establish a secure perimeter around the hostage takers and allow no one to pass into it for
any reason without authorization. Risks should not be taken that might allow the taking of
additional hostages.
3.Evacuate all non-essential persons at the scene to a safe location or any housing pod that
is not directly involved in the incident.
4.Direct officers to place minors in uninvolved housing pods in their rooms and have them
remain there until directed otherwise. Minors outside of housing pods will remain in place
under officer supervision until it is safe to return to their respective housing pods or any
housing pod that is not directly involved in the incident.
5.Immediately notify the Director or the Probation Services Manager/Assistant Director in
his/her absence and confer with higher authority as to action to be taken. Administration
in turn will notify the Chief.
EXHIBIT C
B.The Fresno Sheriff’s Dispatch Center (488-3111) will be notified immediately and a request for
a trained hostage negotiator and other emergency personnel will be made as needed. Prior to
the arrival of the Sheriff Department’s hostage negotiator the Watch Commander will attempt
to ascertain:
1.The number and identity of both the hostages and hostage takers;
2.Any known weapons possessed by the hostage takers;
3.The demands of the hostage takers.
C.The Watch Commander will retain and direct departing custody officers, as well as, available
Probation peace officer staff to assist with security and safety needs, as necessary. Additional
Juvenile Correctional Officers should be called in as may be needed to insure the safe and
secure operation of the facility.
D.The Watch Commander will coordinate with the Sheriff’s Department all activities taken to
resolve the hostage situation, including the use of appropriate force, and will maintain control
of the facility until relieved of that duty by the presence of a Probation Services
Manager/Assistant Director, Director, or the Chief Probation Officer.
E.Once the hostage situation has been resolved the minors involved should be housed in the
most secure setting available and all appropriate charges should be filed.
F.Each officer and/or non-sworn staff member who was involved or observed the incident will
complete an incident report and if required, the appropriate critical incident evaluation report(s)
regarding the details of the incident prior to the end of his/her shift. (See Incident Report,
located in JAS Probation View, under “Word Templates”.)
G.The Watch Commander will prepare a Critical Incident Investigation Report, using the Critical
Incident Evaluation Report - Page 2 report form and the critical incident evaluation report(s)
completed by the reporting persons at the time of the incident.
II.PARENTAL AND MEDIA INFORMATION
A.Attempts will be made at the direction of Administration to reach the families of the hostages
to advise them of the situation. Notification will also be made to the parents of the hostage
takers as deemed appropriate.
B.All media inquiries will be referred to the Chief’s office per departmental policy.
III.SECURITY AND OPERATIONAL REVIEW
Once the incident has been resolved a team will be established to conduct a security and operational review of the incident.
The review will be conducted within 2 days of the resolution of the incident. The review team will be comprised of the
facility administrator and/or facility Director, Probation Services Manager/Assistant Director and Supervising Juvenile
Correctional Officers who are relevant to the incident. The team will review the circumstances leading up to the incident
and any necessary corrective action necessary to insure that such an incident does not repeat itself.
EXHIBIT C
NO HOSTAGE POLICY
EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-06-96, 09-01-99,
12-01-10
APPROVED BY: Sheriff M. Mims BY: Assistant Sheriff T. Gattie
AUTHORITY: California Code of Regulations, Title 15, Section 1029(a)(7)(B) and Penal
Code Section 236.
PURPOSE:
The purpose of this policy is to establish procedures which provide for the resolution of a
hostage-taking incident while preserving the safety of staff, public, inmates, and hostages, and
maintaining facility security.
POLICY:
The Fresno County Sheriff's Office Jail Division maintains a NO HOSTAGE FACILITY
and will not consider bargaining with hostage takers for ANY reason.
It is the policy of the Fresno County Sheriff's Office Jail Division that once any staff member is
taken hostage, they immediately lose their authority and any orders issued by that person will not
be followed regardless of their rank or status.
It is the policy of the Fresno County Sheriff's Office Jail Division that the primary responsibility
of all staff members in a hostage situation is to protect every person involved, if possible, from
serious injury or death.
PROCEDURES:
I.DEFINITION
HOSTAGE SITUATION: any staff member, citizen or inmate held against their will by
another person for the purpose of escape, monetary gain or any reason which may place an
individual in danger of losing life or suffering serious injury.
II.NOTIFICATIONS, CONTAINMENT AND CONTROL OF THE SITUATION
A.Emergency procedures and notifications shall be implemented as per Emergency
Planning procedures (B-101/FILE: EMERGENCY)
EXHIBIT D
THE PRISON RAPE ELIMINATION (PREA) ACT
All bidders must comply with the Prison Rape Elimination (PREA) Act as stated below:
“CONTRACTOR shall comply with all Prison Rape Elimination (PREA) Act standards for juvenile correctional
facilities. Training will be provided by Probation at no charge to CONTRACTOR.” “CONTRACTOR will ensure
that all staff assigned to work at the Juvenile Justice Campus (JJC) undergo a pre-employment Live Scan and
criminal background security clearance by the Probation Department at no charge to CONTRACTOR. No
alcoholic beverages/drugs will be brought into any facility. Nor will anyone under the influence of alcoholic
beverages or drugs be allowed inside. In the event of any disturbance inside the facilities, the
CONTRACTOR’S employees will immediately follow the orders of the Facility Administrator or his/her
designees.
CONTRACTOR shall comply with all Probation Department Policies and Procedures. In the event of a dispute
involving COUNTY staff and the contract employee, the on-duty Facility Administrator will have the final
decision.” INFORMATION ON THE PRISON RAPE ELIMINATION ACT CAN BE FOUND HERE:
http://www.prearesourcecenter.org/
EXHIBIT E
BACKGROUND INVESTIGATIONS AND
IDENTIFICATION (ID) BADGES
Background Investigations
Prior to the beginning of any services, one (1) background check may be required for every member of
the Contractor’s personnel providing services to a building location for the life of the agreement. The
background check may be required before access is given to any County facility/property. Clearance will
only be granted after a successful background check, completed by the County of Fresno Sheriff’s
Department. Background checks provided by any agency other than the County of Fresno Sheriff’s
Department will not be accepted.
The current cost of a background check is $52 per person. This cost will be incurred by the successful
Bidder. One check covering the cost of background checks for all employees shall be made payable to:
Sheriff, County of Fresno. The successful bidder will be notified regarding the result of background
checks. Those that are accepted will report to County of Fresno Security to have their photo taken and ID
badge issued.
Background checks are done on a first-come, first serve basis between the hours of 7:00 a.m and 12:00
noon. Monday through Friday. The process takes approximately 20 minutes time. The amount of time it
takes to receive the result of background checks varies from one day to a month (or longer), dependent
upon the individual’s history.
Individuals who are cleared through this process are entered into the Department of Justice database.
Their records are flagged and the County of Fresno Sheriff’s Department is notified if the person is ever
arrested in the future.
When required by County, applicants’ background checks must be approved prior to entering any County
facility. Approval will not be granted to any individual possessing any of the following circumstances:
1.They have been convicted of a felony, or any crime involving moral turpitude, or carrying or
possessing a dangerous weapon.
2.They have ever been charged with a felony or are currently under investigation for a felony.
3.They are charged with or convicted of any crime committed in or at a correctional institution.
4.They are currently on parole or probation or are a sentenced inmate at any correctional facility.
5.They have been refused a license as a private investigator or had such license revoked.
6.They have fraudulently represented themselves, their credentials, their employment or their
criminal or arrest record on their application.
7.Make omissions or false statements on their application.
8.They have no valid reason for entering a facility.
9.Their admission into a facility could represents a threat to security, staff or inmate safety.
10.Further information regarding the criteria for background check clearance, including an appeal for
process for someone who may be denied clearance is available upon request.
EXHIBIT F
Identification (ID) Badges
The successful bidder’s employees will be issued a badge that must be worn and be visible at all times
during performance of work in any County building to identify the wearer as an individual who is authorized
to enter County facilities.
1.ID badges will be given only after successfully completing the background investigation. ID badges
will be issued when the photo is taken. If electronic access to any County facility is required,
activation of the badge may take an additional 48 hours to complete.
2.The successful Bidder shall pay $11.99 per individual badge by submitting one check covering the
cost for all the Bidder’s employees made payable to: County of Fresno, Security.
3.Costs for ID badges are established by County Auditor and fluctuate annually, therefore the cost of
obtaining a new ID badge for a Bidder’s new employee may not remain the same throughout the
contract term.
4.The wearer will not escort or bring any other individuals into any County facilities. County issued ID
badges are for the exclusive use of the individual named and pictured on the badge.
5.All ID badges will remain the property of the County and are returnable upon demand or upon the
expiration of the contract. The successful Bidder will be responsible for collecting all ID badges
issued and turning them in to the County Security Office when a contract ends or when an employee
leaves employment. The Bidder will assumes all responsibility for their employee’s use of and the
return of the County ID badges.
6.The ID badges will only be issued to individuals passing the Background check. Each individual will
need to present themselves in person with a valid, clean, and legible copy of a Driver’s license or
State issued Identification Card to receive an ID badge.
EXHIBIT F
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EXHIBIT G
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”),
must disclose any self-dealing transactions that they are a party t o while providing goods,
performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being
made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self -dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the
transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that
the board member has.
(4)Describe in detail why the self -dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self -dealing
transaction described in Sections (3) and (4).
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(1) Company Board Member Information:
Date:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233
(a):
(5) Authorized Signature
Signature: Date: