HomeMy WebLinkAboutAgreement A-17-536 with Quinn Group Inc..pdf Agreement No. 17-536
1 AGREEMENT
2 THIS AGREEMENT ("Agreement") is made and entered into this 1 7th day of
3 October —, 2017 (the "Effective Date"), by and between the COUNTY OF FRESNO, a
4 political subdivision of the State of California, hereinafter referred to as "COUNTY", and Quinn
5 Group, Inc., dba Quinn Company, whose corporate address is 3500 Shepherd Street., City of
6 Industry, CA 90601, hereinafter referred to as "CONTRACTOR".
7 RECITALS
8 WHEREAS, the COUNTY has a need for a generator maintenance and repair program
9 for the proprietary Caterpillar emergency generators at its Juvenile Justice Campus (JJC); and
10 WHEREAS, the CONTRACTOR is qualified and willing to perform such generator
11 maintenance and repair services.
12 NOW, THEREFORE, the parties agree as follows:
13 1 OBLIGATIONS OF THE CONTRACTOR
14 A. CONTRACTOR shall perform scheduled preventative maintenance services and
15 corrective repair services for the proprietary Caterpillar emergency generators at the Juvenile
16 Justice Campus (JJC) in accordance with the provisions set forth in Exhibit A, attached hereto and
17 incorporated herein by reference.
18 B. CONTRACTOR shall install all material, equipment, devices, etc. in accordance
19 with the recommendations of the manufacturer of each particular item. CONTRACTOR shall
20 submit to COUNTY justification for any deviation from the manufacturer's recommendation
21 regarding each particular item and obtain written approval from the appropriate "County
22 Representative" (as that term is defined in Section 2 herein below) prior to completing such work.
23 C. CONTRACTOR shall provide all labor, materials, equipment, supplies, taxes,
24 insurance, and warranties, etc. to perform all the work in a good and workman-like manner, free
25 from any and all liens and claims of mechanics, material-men, subcontractors, artisans, machinists,
26 teamsters, day-men and laborers required for COUNTY's request for services. The foregoing
27 warranty shall commence on the date of substantial completion of each project hereunder and
28 continue for a period of one (1) year. CONTRACTOR's warranty shall not extend to any damage or
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I defect caused by abuse, modifications not executed by CONTRACTOR, improper or insufficient
2 maintenance or improper operation. All warranties are contingent upon full payment to the
3 CONTRACTOR. If any goods or materials provided by CONTRACTOR in the performance of the
4 work are warranted by the manufacturer, then CONTRACTOR shall make every effort to transfer to
5 COUNTY all such warranties (and deliver all documents evidencing such warranties).
6 D. All materials, parts and equipment shall be new and per manufacturer
7 specifications unless otherwise approved in writing by the County Representative.
8 E. All maintenance services shall be scheduled subject to the review and approval of
9 the County Representative. CONTRACTOR shall provide yearly schedules for such maintenance
10 work. The first such schedule for the remainder of 2017 shall be provided within 30 days of
11 contract execution. For subsequent contract years, CONTRACTOR shall provide an annual
12 maintenance schedule on or before January 1 for each such contract year. CONTRACTOR shall
13 adhere to these schedules throughout the term of this Agreement.
14 F. Except for emergency response services, all work shall be performed during
15 CONTRACTOR's "normal"working hours, which shall be from 7:00 AM to 4:30 PM Monday
16 through Friday, excepting holidays. All work of a callback nature, or trouble calls, shall be treated as
17 an emergency and once commenced shall be carried through to completion without delay.
18 G.CONTRACTOR shall provide 24 - hour emergency response services for all
19 equipment maintained hereunder. Emergency response services shall consist of a prompt
20 response to requests from the County Representative or his/her authorized representative(s) for
21 any day of the week, at any hour of the day or night. An emergency response service is defined as
22 any necessity for maintenance, minor repair and/or adjustment of equipment between regular
23 service calls to restore normal equipment operation. Emergency response services are categorized
24 as follows:
25 LEVEL I - Requires onsite response within one (1) hour or less.
26 LEVEL 11 - Requires onsite response within four (4) hours or less.
27 LEVEL III - Requires onsite response at 7:00 AM, the next normal working day.
28 Determination of call level is at the discretion of the County Representative or his/her
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1 authorized representative(s). Failure to furnish emergency response services within the above
2 specified time of notification of need may result in one or more of the following consequences:
3 withholding of payment, hiring another contractor complete the work at CONTRACTOR's
4 expense or termination of this Agreement.
5 H. CONTRACTOR shall document each service visit by completing a form
6 approved by the County Representative. At minimum, the form shall include: date of service, time
7 of arrival/departure, printed name and signature of technician(s) providing the service, building
8 number, location of the building, type of service (preventative/corrective/extra services), corrective
9 action taken, or corrective action recommended, location of devices serviced or repaired, parts
10 utilized, status of service/repair, printed name, and signature of County Representative authorizing
11 the work.
12 I. CONTRACTOR acknowledges that the JJC is a "no-hostage facility".
13 CONTRACTOR shall ensure that its employees and any sub-contractors working in the JJC, and
14 associated facilities, agree to abide by COUNTY's rules for a no-hostage facility as set forth in
15 Exhibit B, attached hereto and incorporated herein by this reference. COUNTY may change these
16 policies and procedures at any time, without any prior notice to the CONTRACTOR.
17 CONTRACTOR shall plan and execute all work in such a manner as to prevent a breach of the
18 JJC detention facilities or any other COUNTY secured facility.
19 J. CONTRACTOR shall comply with all Prison Rape Elimination (PREA) Act
20 standards for juvenile correctional facilities. Training will be provided by Probation, as necessary, at
21 no charge to CONTRACTOR. CONTRACTOR shall comply with all Probation Department Policies
22 and Procedures. In the event of a dispute involving COUNTY staff and a CONTRACTOR
23 employee or subcontractor, the on-duty Facility Administrator will have the final decision.
24 INFORMATION ON THE PRISON RAPE ELIMINATION ACT CAN BE FOUND HERE:
25 http://www.prearesourcecenter.org/.
26 K. In accordance with Labor Code section 1770, et seq., the Director of the
27 Department of Industrial Relations of the State of California has determined the general prevailing
28
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1 wages rates and employer payments for health and welfare pension, vacation, travel time and
2 subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs
3 authorized by Section 3093, and similar purposes applicable to the work to be done.
4 Information pertaining to applicable Prevailing Wage Rates may be found on the website
5 for the State of California — Department of Industrial Relations:
6 http://www.dir.ca.gov/oprl/PWD/index.htm. Information pertaining to applicable prevailing wage
7 rates for apprentices may be found on the website for the State of California — Department of
8 Industrial Relations: http://www.dir.ca.gov/oprl/pwappwage/PWAppyvagestart.asp.
9 It shall be mandatory upon the CONTRACTOR herein and upon any subcontractor to pay
10 not less than the prevailing wage rates, including overtime and holiday rates, to all workers,
11 laborers, or mechanics employed on this public work project, including those workers employed as
12 apprentices. Further, CONTRACTOR and each subcontractor shall comply with Labor Code
13 sections 1777.5 and 1777.6 concerning the employment of apprentices. A copy of the above-
14 mentioned prevailing wage rates shall be posted by the CONTRACTOR at the job site where it will
15 be available to any interested party.
16 CONTRACTOR shall comply with Labor Code section 1775 and forfeit as a penalty to
17 COUNTY Two Hundred Dollars ($200.00) for each calendar day or portions thereof, for each
18 worker paid less than the prevailing wage rates for the work or craft in which the worker is
19 employed for any work done under this project by CONTRACTOR or by any subcontractor under
20 CONTRACTOR in violation of Labor Code section 1770, et seq. In addition to the penalty, the
21 difference between the prevailing wage rates and amount paid to each worker for each calendar
22 day or portion thereof for which each worker was paid less than the prevailing wage rate shall be
23 paid to each worker by the CONTRACTOR or subcontractor.
24 CONTRACTOR and subcontractor shall keep an accurate record showing the names,
25 address, social security number, work classification, straight time and overtime hours worked each
26 day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or
27 other employee employed by him or her in connection with this public work project. In accordance
28 with Labor Code section 1776, each payroll record shall be certified and verified by a written
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1 declaration under penalty of perjury stating that the information within the payroll record is true and
2 correct and that the CONTRACTOR or subcontractor complied with the requirements of Labor
3 Code sections 1771, 1811 and 1815 for any work performed by its employees on this public work
4 project. These records shall be open at all reasonable hours to inspection by the COUNTY, its
5 officers and agents, and to the representatives of the State of California— Department of Industrial
6 Relations, including but not limited to the Division of Labor Standards Enforcement.
7 L. CONTRACTOR shall comply with all applicable Federal, State, County and
8 City laws, rules and regulations regarding wages, hours and working conditions.
9 M. CONTRACTOR shall comply with all applicable Federal, State, County and City
10 laws, rules and regulations regarding safety and hazardous materials.
11 2. OBLIGATIONS OF THE COUNTY
12 A. COUNTY will provide inspection and acceptance of the work.
13 B. COUNTY shall compensate the CONTRACTOR as provided in this Agreement.
14 C. COUNTY shall provide one (1) "County Representative"to represent the
15 COUNTY as set forth herein below and work with the CONTRACTOR in carrying out
16 CONTRACTOR's obligations under this Agreement. The County Representative responsible will
17 be the COUNTY's Facilities Division Manager or his or her designee.
18 D. The COUNTY Representative will:
19 a. Approve equipment shutdown schedules;
20 b. Approve temporary equipment and material storage areas;
21 c. Approve or disapprove of any use of non-standard equipment or materials;
22 d. Approve work authorizations;
23 e. Verify work completion; and
24 f. Determine the appropriate emergency response and trouble call service
25 categorization (i.e., Level 1, Level 11 or Level 111)
26 3. TERM
27 The term of this Agreement shall be for a period of three (3) years, commencing on
28 the Effective Date, through and including the last day of the three-year period. This Agreement may
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1 thereafter be extended for two (2) additional consecutive twelve (12) month periods upon written
2 approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12)
3 month extension period. COUNTY's Director of Internal Services/Chief Information Officer or
4 his/her designee, is authorized to execute such written approval on behalf of COUNTY based on
5 CONTRACTOR's satisfactory performance.
6 4. TERMINATION
7 A. Non-Allocation of Funds—The terms of this Agreement, and the services to be
8 provided hereunder, are contingent on the approval of funds by the appropriating government
9 agency. Should sufficient funds not be allocated, the services provided may be modified, or this
10 Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written
11 notice.
12 B. Breach of Contract—The COUNTY may immediately suspend or terminate this
13 agreement in whole or in part, where in the determination of the COUNTY there is:
14 a. An illegal or improper use of funds;
15 b. A failure to comply with any term of this agreement;
16 c. A substantially incorrect or incomplete report submitted to the COUNTY; or
17 d. Improperly performed service that will not or cannot be reasonably corrected
18 by the CONTRACTOR.
19 In no event shall any payment by the COUNTY constitute a waiver by the
20 COUNTY of any breach of this agreement or any default which may then exist on the part of the
21 CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the
22 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of
23 the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the
24 CONTRACTOR under this agreement, which in the judgement of the COUNTY were not
25 expended in accordance with the terms of this agreement. The CONTRACTOR shall promptly
26 refund any such funds upon demand.
27
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1 C. Without Cause 7 Under circumstances other than those set forth above, this
2 agreement may be terminated by COUNTY upon giving thirty (30) days advance written notice of
3 an intention to terminate to CONTRACTOR.
4 5. COMPENSATION
5 COUNTY agrees to pay CONTRACTOR and CONTRACTOR
6 agrees to receive compensation as follows:
7 A. CONTRACTOR's compensation shall be based on the services, materials and
8 parts provided for each generator at the pricing listed in Exhibit A., which shall remain in effect for
9 the duration of this Agreement.
10 B. Preventative Maintenance—
11 The maximum compensation under this Agreement for preventative
12 maintenance services shall not exceed $55,964 for years one through three combined. The
13 maximum compensation for preventative maintenance services for potential years four and five
14 combined shall not exceed a total amount of$28,170. In no event shall such services provided
15 hereunder exceed $84,134 for the entire potential five-year term of this Agreement.
16 C. Extra Services—
17 "Extra Services" are expressly contemplated to include, but are not necessarily
18 limited to, the potential addition of other emergency generators, miscellaneous parts, and
19 emergency response services which may be provided by CONTRACTOR as determined by
20 COUNTY. This Agreement shall not be construed as a commitment to purchase any Extra
21 Services from CONTRACTOR and CONTRACTOR shall not undertake any Extra Services
22 without the advance written authorization of the County Representative or his/her designee. .
23 The maximum compensation for such optional Extra Services shall not exceed a total of
24 $90,000 for the entire potential five-year term of this Agreement.
25 D. Total Maximum Compensation—
26 In no event shall the maximum total compensation payable under this
27 Agreement exceed $174,134 over the entire potential five-year term of this Agreement.
28 6. INVOICING
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1 Upon completion of work, CONTRACTOR shall submit invoices in triplicate to the
2 County of Fresno, Facility Services Division, 4590 East Kings Canyon Road, Fresno, CA 93702.
3 Invoices shall clearly reference the provided contract number, identify the responsible COUNTY
4 department, the name of the facility where the services were performed, the date upon which such
5 services were performed, and a cost breakdown of services, labor, and parts. COUNTY will pay
6 CONTRACTOR within forty-five (45) days of receipt of an approved invoice, by mail addressed to
7 CONTRACTOR's remittance address: 10273 S. Golden State Blvd., Selma, CA 93662.
8 7. LICENSES, PERMITS, FEES AND ASSESSMENTS
9 CONTRACTOR shall obtain at its sole cost and expense such licenses, permits,
10 registrations, and approvals as may be required by law for the performance of the services
11 provided under this Agreement. CONTRACTOR shall be solely responsible for any fees,
12 assessments, taxes, penalties and interest, which may be imposed by law and arise from or
13 are necessitated by the CONTRACTOR's performance of the services provided under this
14 Agreement, and shall indemnify, defend and hold harmless the COUNTY, its officers,
15 employees or agents, against any such fees, assessments, taxes, penalties or interest levied,
16 assessed or imposed against COUNTY hereunder.
17 8. INDEPENDENT CONTRACTOR
18 In performance of the work, duties and obligations assumed by CONTRACTOR
19 under this agreement, it is mutually understood and agreed that CONTRACTOR, including any and
20 all of the CONTRACTOR's officers, agents, and employees will at all times be acting and
21 performing as an independent contractor, and shall act in an independent capacity and not as an
22 officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
23 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method
24 by which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the
25 right to administer this agreement so as to verify that CONTRACTOR is performing its obligations
26 in accordance with the terms and conditions thereof.
27
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1 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and
2 the rules and regulations, if any, of governmental authorities having jurisdiction over matters the
3 subject thereof.
4 Because of its status as an independent contractor, CONTRACTOR shall have
5 absolutely no right to employment rights and benefits available to COUNTY employees.
6 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its
7 employees all legally required employee benefits. In addition, CONTRACTOR shall be solely
8 responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR's
9 employees, including compliance with Social Security withholding and all other regulations
10 governing such matters. It is acknowledged that during the term of this agreement, CONTRACTOR
11 may be providing services to others unrelated to the COUNTY or to this agreement.
12 9. MODIFICATION
13 This agreement may be modified from time to time by the written consent of all the
14 parties without, in any way, affecting the remainder.
15 10. NON-ASSIGNMENT
16 Neither party shall assign, transfer or sub-contract this Agreement nor their rights or
17 duties under this agreement without the prior written consent of the other party.
18 11. HOLD HARMLESS
19 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's
20 request, defend the COUNTY, its officers, agents, and employees from any and all costs and
21 expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection
22 with the performance, or failure to perform, by CONTRACTOR, its officers, agents, or employees
23 under this agreement, and from any and all costs and expenses, damages, liabilities, claims, and
24 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged
25 by the performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees
26 under this agreement.
27 12. INSURANCE
28
1 Without limiting the COUNTY's right to obtain indemnification from
2 CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full
3 force and effect, the following insurance policies throughout the term of the agreement:
4 A) COMMERCIAL GENERAL LIABILITY
5 Commercial General Liability Insurance with limits of not less than One Million
6 Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars
7 ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require
8 specific coverages including completed operations, products liability, contractual liability,
9 Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed
10 necessary because of the nature of this contract.
11 B) AUTOMOBILE LIABILITY
12 Comprehensive Automobile Liability Insurance with limits for bodily injury of not
13 less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred
14 Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty
15 Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred
16 Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles
17 used in connection with this agreement.
18 C) PROFESSIONAL LIABILITY
19 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N.,
20 L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
21 than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)
22 annual aggregate.
23 D) WORKER'S COMPENSATION
24 A policy of Worker's Compensation insurance as may be required by the
25 California Labor Code.
26 CONTRACTOR shall obtain endorsements to the Commercial General Liability
27 insurance naming the County of Fresno, its officers, agents, and employees, individually and
28 collectively, as additional insured, but only insofar as the operations under this agreement are
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1 concerned. Such coverage for additional insured shall apply as primary insurance and any
2 other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees
3 shall be excess only and not contributing with insurance provided under CONTRACTOR's
4 policies herein. This insurance shall not be cancelled or changed without a minimum of thirty
5 (30) days advance written notice given to COUNTY.
6 Within Thirty (30) days from the date CONTRACTOR executes this agreement,
7 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all
8 of the foregoing policies, as required herein, to the County of Fresno, Attn: Facility Services
9 Manager, 4590 E. Kings Canyon, Fresno, CA 93702, stating that such insurance coverages
10 have been obtained and are in full force; that the County of Fresno, its officers, agents and
11 employees will not be responsible for any premiums on the policies; that such Commercial
12 General Liability insurance names the County of Fresno, its officers, agents and employees,
13 individually and collectively, as additional insured, but only insofar as the operations under this
14 agreement are concerned; that such coverage for additional insured shall apply as primary
15 insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers,
16 agents and employees, shall be excess only and not contributing with insurance provided under
17 CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed
18 without a minimum of thirty (30) days advance, written notice given to COUNTY.
19 In the event CONTRACTOR fails to keep in effect at all times insurance
20 coverage as herein provided,-the COUNTY may, in addition to other remedies it may have,
21 suspend or terminate this agreement upon the occurrence of such event.
22 All policies shall be with admitted insurers licensed to do business in the State of
23 California. insurance purchased shall be purchased from companies possessing a current A.M.
24 Best, Inc. rating of A FSC VII or better.
25 13. AUDITS AND INSPECTIONS
26 CONTRACTOR shall at any time during CONTRACTOR's normal business hours,
27 and upon prior written notice, as often as the COUNTY may deem necessary, make available to
28 the COUNTY for examination all of its records and data with respect to the matters covered by this
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1 agreement. CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and
2 inspect all of such records and data necessary to ensure CONTRACTOR's compliance with the
3 terms of this agreement. Any such examinations or audits shall be at the COUNTY's expense.
4 If this agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall
5 be subject to the examination and audit of the Auditor General for a period of three (3) years after
6 final payment under contract (Government Code Section 8546.7).
7 14. NOTICES
8 A) AUTHORITY TO GIVE AND RECEIVE NOTICES
9 The persons and their addresses having authority to give and receive notices
10 under this agreement include the following:
11 COUNTY OF FRESNO CONTRACTOR
12 Facility Services Manager George Ayala
4590 E. Kings Canyon Road Product Support Sales Representative
13 Fresno, CA 93702 10273 S. Golden State Blvd.
Telephone: (559) 600-7242 Selma, CA 93662
14 FAX: (559) 600-7739 Office: (559) 891-6668
15 Cell: (559) 351-9630
FAX: (559) 891-6704
16 Email: georgeayala@quinnpower.com
17 All notices between the COUNTY and CONTRACTOR provided for or permitted
18 under this agreement or by law shall be in writing and delivered either by personal service, by first-
19 class United States mail, by an overnight commercial courier service, or by telephonic facsimile
20 transmission. A notice delivered by personal service is effective upon service to the recipient. A
21 notice delivered by first-class United States mail is effective three COUNTY business days after
22 deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered
23 by an overnight commercial courier service is effective one COUNTY business day after deposit
24 with the overnight commercial courier service, delivery fees prepaid, with delivery instructions
25 given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile
26 is effective when transmission to the recipient is completed (but, if such transmission is completed
27 outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
28
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1 next beginning of a COUNTY business day), provided that the sender maintains a machine record
2 of the completed transmission. For all claims arising out of or related to this agreement, nothing in
3 this section establishes, waives, or modifies any claims presentation requirements or procedures
4 provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of
5 the Government Code, beginning With section 810).
6 15. GOVERNING LAW
7 Venue for any action arising out of or related to this agreement shall only be in
8 Fresno County, California.
9 The rights and obligations of the parties and all interpretation and performance of
10 this agreement shall be governed in all respects by the laws of the State of California.
11 16. DISCLOSURE OF SELF-DEALING TRANSACTIONS
12 This provision is only applicable if the CONTRACTOR is operating as a corporation
13 (a for-profit or non-profit corporation) or if during the term of this agreement, the CONTRACTOR
14 changes its status to operate as a corporation.
15 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
16 transactions that they are a party to while CONTRACTOR is providing goods or performing
17 services under this agreement. A self-dealing transaction shall mean a transaction to which the
18 CONTRACTOR is a party and in which one or more of its directors has a material financial interest.
19 Members of the Board of Directors shall disclose any self-dealing transactions that they are a party
20 to by completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit C) and
21 submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately
22 thereafter.
23 17. ENTIRE AGREEMENT
24 This agreement constitutes the entire agreement between the CONTRACTOR and
25 COUNTY with respect to the subject matter hereof and supersedes all previous agreement
26 negotiations, proposals, commitments, writings, advertisements, publications, and understandings
27 of any nature whatsoever unless expressly included in this agreement.
28
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
2 the day and year first hereinabove written.
3 CONTRACTOR COUP rLRESNO
4 ,VVJJttII
Henry Wan, President Brian Pacheco
5 Chairman, Board of Supervisors
6 Date: Sept. 29, 2017 Date: n cZD n
7 -->- "
Lino Martin, Assistant Secretary Bernice E. Seidel
8 Clerk, Board of Supervisors
9 Date: Sept. 29, 2017 By.
10 DEINYY
Quinn Group, Inc. dba Quinn Company
11 3500 Shepherd Street REVIEWED & RECOMMENDED OR APPROVAL
City of Industry, CA 90601
12
13 Robert W. Bash, Director of Internal Services/
14 Chief Information Officer
15
16 FOR ACCOUNTING USE ONLY: APPROVED AS TO LEGAL FORM
Daniel C. Cederborg
17 County Counsel
FUND: 1045 By: rV'4 n ( lie,
18 SUBCLASS: 10000
DEPUTY
19 ORG NO.: 8935
APPROVED AS TO ACCOUNTING FORM
20 Oscar J. Garcia, CPA
Auditor-Controller/Treasurer-Tax Collector
21 By: 4
22 �j T
23
24
25
26
27
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EXHIBIT A
I. The following quotes are for preventative maintenance for two (2)generators at the
Juvenile Justice Campus(JJC).These generators include Caterpillar 3512E SN CMC01090 and Caterpillar
3512B SN CMC01091.The fee for each preventative maintenance service stated below includes the cost
of both generators.The prices quoted shall be fixed for the entire term of the contract.The frequencies
listed are estimates, no minimum or maximum amount is guaranteed. County reserves the right to add
or delete the frequency of services on an as-needed basis during the entire term of the contract.
PREVENTATIVE MAINTENANCE PER VISIT FEE
PM Level 2—Annual Service $5,188
PM Load Bank(2 hours test duration) $40,400
PM 3 Cooling System Service $13,954
PM Battery Replacement $3,840
*The following part(s) shall be replaced for the above scope of work. Engine oil,oil filter(s),water
separator filter(s) as equipped, engine coolant, hose(s), belt(s),thermostat(s),gasket(s),sealant, hose
clamps(s), radiator cap, and other misc. parts.Air filter costs for each generator are not included and will
be at an additional cost to COUNTY.
II.
The following quotes are for emergency response services.They are defined as situations that
may pose an immediate risk to Fresno County employees,citizens, business processes,and property.
They require urgent intervention to prevent a worsening of a situation. Determination of type of
emergency callback is at the sole discretion of the COUNTY's Facilities Division Manager or his or her
designee. Emergency response services will be categorized as follows:
LEVEL I-Requires onsite response within one (1) hour or less.
LEVEL II -Requires onsite response within four(4) hours or less.
LEVEL III-Requires onsite response at 7:00 AM,the next normal working day.
Normal business hours are defined as 7:OOam-4:30pm Monday through Friday. Non-normal business
hours are defined to include anything other than "normal business hours,"Saturdays,Sundays,and
holidays. For non-normal business hour rates,COUNTY will be required to pay an hourly minimum of
four(4) hours.The labor rates below are effective upon contract execution and will remain in effect for
the entire term of this contract.
EMERGENCY RESPONSE RATES
Normal business hours Non-normal business hours
STANDARD SHOP RATE $90.00 per hour $180.00 per hour
STANDARD FIELD EPG RATE $110.00 per hour $193.50 per hour
*Travel costs and other incidental costs are included in the above rates.
Page 1 of 5
CSA PPA LEVEL DESCRIPTIO'IS
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L, CSA&SUPPORT SERVICES(800)789-9774
POWER SYSTEMS (562)463-71Sn Fax Customer:233107
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Agreement:3117
PM Level 1 Multi Point Inspection PM LB Load Bank Testing -----COVERED
Comprehensive detailed inspection of units is performed. 'Connect resistive load bank as applicable to generator.
ChecVAdjust all fluid levels and pressures for correct operation. •Run Test with requested load for 2 hours test duration
Check and inspect air deaner restriction gauge and air filter element. 'Record readings and provide recommendations if needed.
Check primary source fuel lank for water with water finding paste. •Disconnect load bank from unit.
•Check Day tank,Fuel tank,Fuel line fillings for leaks. 'Return unit back to original mode of operation.
Check Cooling System hoses,caps,clamps for brittleness,leaks,cracks, 'Submit report to customer.
and weakness. PM Megohmmeter Generator Electrical Winding Test
'Check it voltages,charging rates,fluids,and specific gravities/ICVs. •This test should be performed as part of periodic maintenance in order to
Engine cranking Batteries will be tested under start up load for voltage drop. detect the deterioration of the Winding insulation.
•Block Healer elements and inlet/outlet t-slats are checked for proper 'Perform megohmmeter test on generator Winding and measure winding
output and operation. insulation resistance.
Engine Fan Drive and Bells are inspected and adjusted for proper tension 'Submit report to customer.
and condition. PM ATS Automatic Transfer Switch Service
Check Turbo Charger rotation/end play if so equipped. •De-energize the transfer switch,when possible.
Check generator brushes for proper tension/setting as equipped. 'Clean unit of dust and dirt accumulations.
Check and document Control Panel instruments for proper operation 'Clean open-type relays of dusdgrease or oil.
and values. •Visually inspect unit for signs of arching,burning,hot spots,charting.
Grease bearings,fan shafts,linkages,and equipment fittings as required. or other damages.
Hot oil sample taken and submitted for analysis. •Inspect for loose,broken or badly wom parts.
Test safety alarms and contacts. 'Check terminal lugs and trip units for lightness/signs of overheating.
Run unit under load for up to 15 minutes when authorized by site authority. 'Check main current carrying contacts for arching,pitting,and discoloration.
Submit report to customer. 'Clean main contacts if needed,check and re-tighten if needed.
PM Level 2 Annual Service-Major w/Multi Point Inspection :--COVERED'Check manual switches for free movement and contact continuity.
All items from PM Level 1 are performed,PLUS 'Check and adjust relay finger contacts if needed.
Change crankcase oil,oil filter(s),fuel filter(s),water separator(s),coolant filter(s), 'Lubricate all components for proper operation as needed.
as equipped.Air Filter additional cost= 'Check plug connections,if equipped.
Check door closure,locking bars and handle mechanism for proper operation.
Check exercise timer if equipped.
Submit report to customer. 'Perform transfer test of ATS under load when authorized by site personnel.
PM Level 3 Cooling System Service .----COVERED'Check all components/timers for proper operation and sequencing.
Drain,contain and dispose of Waste coolant. 'Check main power connections for heal build-up with infra-red gun or provide
Flush cooling system with fresh water. optional PIA Infra-Red scan.
Replace all coolant hoses and camps(upgrade block heater hoses to •Timers reset to customer specifications and placed in automatic mode.
steel braided as recommended). 'Relum unit back to original mode of operation.
Replaced the radiator pressure cap(s) •Submit report to customer.
Replaced the engine thermostat(s)and associated gasket(s). PM Battery Battery Replacement <-.---COVSR'ED
Replaced the engine fan belt(s)and altemator drive bell(s). 'Engine cranking batteries are removed and replaced.
Refill system With proper amount of glycol antifreeze and conditioners. 'Engine cranking batteries will be tested under start up load for voltage drop.
Rod and dean oil cooler or heat exchanger as equipped(if required). 'Used battery disposal is provided.
Test run unit to operating temperature,under load when authorized by 'Test run unit without load.
site personnel. 'Return unit back to original mode of operation.
Return unit back to original mode of operation. 'Submit report to customer.
Submit report to customer. PM IR Infra-Red Thermography Inspection
PM Level 4 Minor Inspection Problems can develop when electrical components generate excessive heat
Perform general walk around inspection of unit. due to deterioration,loose connections,or overloads.An Infra-Red inspection
Fluid levels are spot checked for correct operating range. is recommended to be performed on all of the following areas:generator output
Inspect air filter element. connections,cables,bus,and generator breakers,while system is energized.
Fuel tank/engine fuel line fittings are inspected for leaks and tighten as required. Inspection consist of:
Coolant hoses inspected for brittleness,leaks,cracks,and weakness. 'Set-up of Thermo graphic Imaging Infra-Red camera.
Engine cranking batteries will be tested under start up load for voltage drop. 'Conduct infre-red scanning inspection.
Jacket water heater element and inleVoutlel t-slats are checked for 'High resolution photographs Will accompany recommendations for corrective
proper operation. action or repair,and will assist overall as a critical part of any complete
'Engine drive bells inspected for proper tension and condition. predictive or conditional based maintenance program.
•Control panel instruments checked for proper operation. •Submit report to kxrslomer after technical review has been completed.
Unit is run for 10 minutes,under no load. PM SWG Switchgear Service
Return unit back to original mode of operation. Services include manufacturer recommended equipment service&inspection
Submit report to customer. on single standby loads and multi-unit paralleling systems.(See Attached)
Submit report to customer.
PM Hourly Service per Unit Run Hours PM UPS UPS Service
PM Service level is based upon unit run hours as opposed calendar schedule 'Services include manufacturer recommended equipment service&inspection
and is typically reserved for operation and maintenance agreements. for it and rotary type systems
Performance will be based upon the specific manufacturer scopes of work
PM PG Point Guard Monitoring and whether or not the equipment is energized or de-energized.
Point Guard monitors various inputs and outputs of unit operation and functionality. 'All services are performed only as unit is equipped and as our technician is
Identifies and alerts authorized personnel of potential problems by fault authorized.
notification via text or e-mail by cellular,satellite,or land-line applications. 'Submit report to customer.
Page 2 of 5
For PM Level 2 Annual Service-Major w/Multi Point Inspection
o All hoses that need to be replaced shall be replaced with silicone hoses for an additional
charge.
o Ignition systems will be checked and cleaned as necessary. The timing will be checked and
adjusted as necessary.
o Inspect exhaust system, air filters, air cleaners, and radiator core for leaks and defects.
Replace if necessary.
o Inspect, clean,and tighten all generator output connections per OEM specifications.Verify
output voltage, phasing,and proper operation of all electrical monitoring devices.
o Load test batteries.
o Check radiator louvers for proper operation.
• Start engine and run under facility load,if possible.
o Test safety shutdown systems.
o Inspect condition of engine drive belts and hoses.
For PM Battery Replacement
m Clean and tighten all battery cable connections.
Check battery electrolyte level and specific gravity.
Page 3 of 5
2011 PREVENTIVE MAINTENANCE SCHEDULE QUINN
E3 CSA&SUPPORT SERVICES(800)789-9774
POWER SYSTEMS Customer#:233107
EXHIBIT"C" Agreement#:3117
Customer: Fresno County Juvenile Date: 9/1/2017
Address: 4590 E.Kings Canyon Ave. Phone No.559-600-7242
FRESNO CA 93702 Fax No. 559-600-7681
Attention: Josh Noel
Perform Preventive Maintenance Service and Inspections on the Following.
Engine Description PM LEVEL 2 LOADBANK PM LEVEL 3 Battery TOTAL
Inc[Transformer
Caterpillar 3512B. SN CMC01090 LABOR: $899.00 S20,200.00 $22,794.00
#1: 4590 E.Kinas Canyon Ave..FRESNO EST.PARTS: $1,695.00
Incl Transformer
Caterpillar 3512B,SN CMC01091 LABOR: $899.00 S20,200.00 $22,794.00
#2:4590E Kinas Canyon Ave..FRESNO EST.PARTS: $1.695.00
Year 1 Total $6,188.00
Caterpillar 3512B,SN CMC01090 LABOR: S899.00 $2.594.00
#1: 4590 E.Kinas Canyon Ave FRESNO EST.PARTS: S1,695.00
Caterpillar 3512B,SN CMC01091 LABOR: $899.00 S2,594.00
#2' 4590 E.Kinas Canyon Ave..FRESNO EST.PARTS: $1,695.00
Year 2 Total $5,188.00
Caterpillar 3512B,SN CMC01090 LABOR: $899.00 S2,594.00
91: 4590 E Kinas Canyon Ave..FRESNO EST.PARTS: $1.695.00
Caterpillar 3512B,SN CMC01091 LABOR: S899.00 $2.594.00
#2'4590 E.Kinas Canyon Ave FRESNO EST.PARTS: S1,695.00
Year 3 Total $5,188.00
Caterpillar 3512B,SN CMC01090 LABOR: $899.00 $3,980.00 S600.00 $11,491.00
#1: 4590E Kinas Canyon Ave..FRESNO EST.PARTS: $1,695.00 $2.997.00 $1,320.00
Caterpillar 3512B,SN CMC01091 LABOR: $899.00 S3,980.00 $600.00 S11,491.00
#2* 4590 E.Kinas Canvon Ave.FRESNO EST.PARTS: $1.695.00 $2,997.00 $1,320.00
Year4 Total $5,188.00
Caterpillar 35126,SN CMC01090 LABOR: S899.00 $2,594.00
#1 4590E Kmos Canyon Ave..FRESNO EST.PARTS: $1,695.00
Caterpillar 3512B,SN CMC01091 LABOR: $899.00 $2,594.00
#2 4590 E.Kinas Canyon Ave.FRESNO EST.PARTS: $1,695.00
Year 5 Total $5,188.00
TOTAL FEE$: $25,940.00 $40,400.00 $13,954.00 $3,840.00 $84,134.00
Page 4 of 5
EMERGENCY NUMBERS FOR FRESNO BRANCH
102773 So GoNen State, Se0ma, CAA, 93662
For regular, emergency service, please call the following numbers:
Customer Services (800)789-9774
After hours,Saturdays,Sundays, and holidays (559)896-4040
Sales Representative George Ayala (559)891-6668
CSA Supervisor Lee Dao (562)463-4794
Service Coordinator Cory Freemen (559) 896-5468
Sales& Rental Rep. Industrial Mike Serpa (559) 897-1395
Sales& Rental Rep. Electrical Daniel Finnigan (559)203-0239
Service Manager Fred Martinez (559)891-6764
Service Coordinator Jesalyn Harper (559)891-6608
Page 5 of 5
r _ _EXHIBIT B._.____
Subject: Hostage Situations
Fresno County
Policy Number: 326.0
Policy Manual Page: 1 of 2
Date Originated: April 1, 2004
Authority: Title 15; Section 1327; Date Revised: February 1, 2008
California Code of Regulations
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/herrelease.
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 Commanderwill:
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.
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:
Subject: Hostage Situation
Policy #: 326.0 Page 2 of 2
1. The number and identity of both the hostages and hostagetakers;
2. Any known weapons possessed by the hostagetakers;
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 thefacility.
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.
Ill. SECURITY AND OPERATIONAL REVIEW
A. 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
2
SELF-DEALING TRANSACTION DISCLOSURE FORM
3
4 In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors must disclose any self-dealing transactions that
5 they are a party to while providing goods, performing services, or both for the County. A self-
dealing transaction is defined below:
6
'A self-dealing transaction means a transaction to which the corporation is a party and in
7 which one or more of its board members has a material financial interest"
8 The definition above will be utilized for purposes of completing this disclosure form.
9
10 INSTRUCTIONS
11 (1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
12
13 (2) Enter the board member's company/agency name and address.
14 (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:
15
a. The name of the agency/company with which the corporation has the
16 transaction; and
17 b. The nature of the material financial interest in the Corporation's transaction that
18 the board member has.
19 (4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
20
(5) Form must be signed by the board member that is involved in the self-dealing
21 transaction described in Sections (3) and (4).
22
23
24
25
26
27
28
1 (1)Company Board Member Information-
2 Name: Date:
3 Job Title:
4 (2)Company/Agency Name and Address:
5
6
7
8
9 (3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
10
11
12
13
14
15
16
17
18 (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
19
20
21
22
23
24
25 (5)Authorized Signature
26 Signature:
27
28
2