HomeMy WebLinkAboutAgreement A-15-217 with Anka Behavioral Health.pdfAgreement No.15-217
AGREEMENT 1
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3 THIS AGREEMENT (or "Agreement") is made and entered into thisoL ~ day of June,
4 2015, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of
5 California, hereinafter referred to as "COUNTY", and Anka Behavioral Health, Incorporated whose
6 address is 1850 Gateway Blvd., Suite 900, Concord, CA 94520, hereinafter referred to as
7 "CONTRACTOR".
8 WI T N E S S E T H:
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1. OBLIGATIONS OF THE CONTRACTOR
A. CONTRACTOR shall provide COUNTY's Probation Department with
11 services as described in the Scope of Work for Juvenile Community Service Work Program
12 (CSWP), which is attached hereto and incorporated herein as Attachment "A." CONTRACTOR
13 shall perform the services described in Attachment "A" on a timely basis for the period of the 2nd
14 day of June, 2015, through the 1st day of June, 2018.
15 B. CONTRACTOR shall maintain fiscal books and project records, documents
16 and other evidence pertinent to services performed under this Agreement in accordance with
17 generally accepted accounting principles and as required by law. Adequate supporting
18 documentation shall be maintained in such detail as to permit tracing transactions from accounting
19 records to invoices to supporting documentation.
20 C. CONTRACTOR shall ensure that its employees comply with state and
21 federal confidentiality requirements.
22 D. CONTRACTOR shall comply with and shall ensure that its employees shall
23 comply with all applicable provisions of law, rules and regulations relating to the provision of
24 services described herein.
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2. OBLIGATIONS OF THE COUNTY
A. COUNTY's Probation Department shall make available a Deputy Probation
27 Officer to facilitate coordination and successful implementation of the Juvenile CSWP.
28 B. COUNTY's Probation Department shall make resources available to
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1 CONTRACTOR to facilitate electronic transmission of data as required by COUNTY.
2 3. TERM
3 This initial term of this Agreement ("Initial Term") shall become effective on the
4 2"d day of June, 2015 and shall terminate on the 1st day of June, 2018. This Agreement may be
5 extended under the same terms and conditions for a maximum of two (2) separate twelve-month
6 time periods (each additional twelve-month time period shall be known as an "Extended Term")
7 upon written Notice of the Chief Probation Officer or his designee to be provided to
8 CONTRACTOR no later than 30 days prior to the expiration of the Initial Term or Extended Term
9 of this Agreement. The Chief Probation Officer or his designee is authorized to execute such
10 written Notice on behalf of the COUNTY. Under no circumstances shall this Agreement extended
11 beyond June 1, 2020.
12 4. TERMINATION
13 A. Non-Allocation of Funds -The terms of this Agreement, and the services to
14 be provided thereunder, are contingent on the approval of funds by the appropriating government
15 agency. Should sufficient funds not be allocated, the services provided may be modified, or this
16 Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written
17 notice.
18 B. Breach of Contract -The COUNTY may immediately suspend or terminate
19 this Agreement in whole or in part, where in the determination of the COUNTY there is:
20 1) A use by CONTRACTOR of contract funds for an illegal purpose or
21 for a purpose unrelated to this Agreement;
22 2) A failure to comply with any term of this Agreement and
23 CONTRACTOR fails to cure said noncompliance within ten (10) days of receipt of written notice
24 from COUNTY;
25 3) A substantially incorrect or incomplete report submitted to the
26 COUNTY which is not cured by CONTRACTOR within ten (1 0) days of receipt of written notice
27 from COUNTY ;
28 4) Improperly performed service based upon a good faith determination
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1 by the COUNTY and CONTRACTOR fails to cure the deficiency in service within ten (1 0) days of
2 receipt of written notice from COUNTY.
3 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
4 of any breach of this Agreement or any default which may then exist on the part of the
5 CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the
6 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of
7 the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR
8 under this Agreement, which were used for an illegal purpose or for a purpose unrelated to this
9 Agreement. The CONTRACTOR shall promptly refund any such funds upon demand in the event
1 0 CONTRACTOR has used contract funds for an illegal purpose or a purpose unrelated to this
11 Agreement.
12 C. Without Cause -Under circumstances other than those set forth above,
13 this Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written
14 notice of an intention to terminate to CONTRACTOR.
15 5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
16 CONTRACTOR agrees to receive compensation as follows:
17 CONTRACTOR shall submit monthly invoices of actual expenses to the
18 County of Fresno Probation Department, either by mail to the Business Office, 3333 East
19 American Avenue, Suite B, Fresno, CA 93725 or electronically to:
20 Probationlnvoices@co.fresno.ca.us
21 All expenses submitted by CONTRACTOR shall comply with guidelines for
22 allowable expenses established by the Juvenile Justice Crime Prevention Act (JJCPA) and the
23 JJCPA grant the COUNTY received. CONTRACTOR acknowledges that the JJCPA grant
24 received by the COUNTY is COUNTY's sole source of funding for its payments to CONTRACTOR
25 under this Agreement. Therefore, CONTRACTOR agrees to receive as full and final
26 compensation from COUNTY for services provided herein only the allowable expenses as
27 established by the JJCPA and the JJCPA grant received by COUNTY. CONTRACTOR agrees
28 that any costs and expenses it expends under this Agreement that are not allowable expenses
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1 under the JJCPA and the JJCPA grant are CONTRACTOR's sole responsibility and shall not be
2 considered for compensation for its services under the Agreement.
3 Under no circumstances shall payments made by the COUNTY to
4 CONTRACTOR under this Agreement exceed $330,000 for the first twelve months of the
5 Agreement and $309,288 annually thereafter.
6 The maximum total payments made by COUNTY to CONTRACTOR under this
7 Agreement shall not exceed $1 ,567, 152.
8 6. INDEPENDENT CONTRACTOR: In performance of the work, duties and
9 obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and
1 0 agreed that CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and
11 employees will at all times be acting and performing as an independent contractor, and shall act in
12 an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or
13 associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or
14 direct the manner or method by which CONTRACTOR shall perform its work and function.
15 However, COUNTY shall retain the right to administer this Agreement so as to verify that
16 CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
17 CONTRACTOR and COUNTY shall comply with all applicable provisions of
18 law and the rules and regulations, if any, of governmental authorities having jurisdiction over
19 matters the subject thereof.
20 Because of its status as an independent contractor, CONTRACTOR shall have
21 absolutely no right to employment rights and benefits available to COUNTY employees.
22 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its
23 employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely
24 responsible and save COUNTY harmless from all matters relating to payment of
25 CONTRACTOR'S employees, including compliance with Social Security withholding and all other
26 regulations governing such matters. It is acknowledged that during the term of this Agreement,
27 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this
28 Agreement.
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1 7. MODIFICATION: Any matters of this Agreement may be modified from time
2 to time by the written consent of all the parties without, in any way, affecting the remainder.
3 8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this
4 Agreement nor their rights or duties under this Agreement without the prior written consent of the
5 other party.
6 9. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold
7 harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees
8 from any and all costs and expenses, damages, liabilities, claims, and losses occurring or
9 resulting to COUNTY in connection with the performance, or failure to perform, by
10 CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and all
11 costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
12 firm, or corporation who may be injured or damaged by the performance, or failure to perform,
13 of CONTRACTOR, its officers, agents, or employees under this Agreement.
14 10. INSURANCE
15 Without limiting the COUNTY's right to obtain indemnification from
16 CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full
17 force and effect, the following insurance policies or a program of self-insurance, including but not
18 limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the
19 term of the Agreement:
20 A. Commercial General Liability
21 Commercial General Liability Insurance with limits of not less than One
22 Million Dollars ($1 ,000,000) per occurrence and an annual aggregate of Two Million Dollars
23 ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require
24 specific coverages including completed operations, products liability, contractual liability,
25 Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed
26 necessary because of the nature of this contract.
27 B. Automobile Liability
28 Comprehensive Automobile Liability Insurance with limits for bodily injury of
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1 not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred
2 Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty
3 Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred
4 Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used
5 in connection with this Agreement.
6 C. Professional Liability
7 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N.,
8 L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
9 than One Million Dollars ($1 ,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)
10 annual aggregate.
11 D. Worker's Compensation
12 A policy of Worker's Compensation insurance as may be required by the
13 California Labor Code.
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E. Sexual Abuse I Molestation Liability
Sexual Abuse I Molestation Liability Insurance (including but not limited to
16 corporal punishment liability, sexual abuse and molestation liability, and child abduction liability)
17 with limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence, Two Million Dollars
18 ($2,000,000.00) annual aggregate. This policy shall be issued on a per occurrence basis.
19 CONTRACTOR shall obtain endorsements to the Commercial General Liability
20 insurance naming the County of Fresno, its officers, agents, and employees, individually and
21 collectively, as additional insured, but only insofar as the operations under this Agreement are
22 concerned. Such coverage for additional insured shall apply as primary insurance and any other
23 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
24 excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
25 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
26 written notice given to COUNTY.
27 Within Thirty (30) days from the date CONTRACTOR signs and executes this
28 Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated
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1 above for all of the foregoing policies, as required herein, to the County of Fresno, (Name and
2 Address of the official who will administer this contract), stating that such insurance coverage have
3 been obtained and are in full force; that the County of Fresno, its officers, agents and employees
4 will not be responsible for any premiums on the policies; that such Commercial General Liability
5 insurance names the County of Fresno, its officers, agents and employees, individually and
6 collectively, as additional insured, but only insofar as the operations under this Agreement are
7 concerned; that such coverage for additional insured shall apply as primary insurance and any
8 other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees,
9 shall be excess only and not contributing with insurance provided under CONTRACTOR's policies
1 0 herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
11 days advance, written notice given to COUNTY.
12 In the event CONTRACTOR fails to keep in effect at all times insurance
13 coverage as herein provided, the COUNTY may, in addition to other remedies it may have,
14 suspend or terminate this Agreement upon the occurrence of such event.
15 All policies shall be issued by admitted insurers licensed to do business in the
16 State of California, and such insurance shall be purchased from companies possessing a current
17 A.M. Best, Inc. rating of A FSC VII or better.
18 11. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during
19 business hours, and as often as the COUNTY may deem necessary, make available to the
20 COUNTY for examination all of its records and data with respect to the matters covered by this
21 Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to
22 audit and inspect all of such records and data necessary to ensure CONTRACTOR'S compliance
23 with the terms of this Agreement.
24 If this Agreement exceeds ten thousand dollars ($1 0,000.00), CONTRACTOR
25 shall be subject to the examination and audit of the Auditor General for a period of three (3) years
26 after final payment under contract (Government Code Section 8546.7).
27 12. NOTICES: The persons and their addresses having authority to give and
28 receive notices under this Agreement include the following:
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COUNTY
County of Fresno
CONTRACTOR
Anka Behavioral Health, Incorporated
Rick Chavez, Chief Probation Officer Naja W. Boyd, Chief Operating Officer
3333 E. American Ave., Suite B 1850 Gateway Blvd Suite 900
Fresno, CA 93725 Concord, CA 94520
Any and all notices between the COUNTY and the CONTRACTOR provided
for or permitted under this Agreement or by law shall be in writing and shall be deemed duly
served when personally delivered to one of the parties, or in lieu of such personal services, when
9 deposited in the United States Mail, postage prepaid, addressed to such party.
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13. GOVERNING LAW: Venue for any action arising out of or related to this
Agreement shall only be in Fresno County, California.
12 The rights and obligations of the parties and all interpretation and performance
13 of this Agreement shall be governed in all respects by the laws of the State of California.
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14. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a
16 corporation (a for-profit or non-profit corporation) or if during the term of the agreement, the
17 CONTRACTOR changes its status to operate as a corporation.
18 Members of the CONTRACTOR's Board of Directors shall disclose any self-
19 dealing transactions that they are a party to while CONTRACTOR is providing goods or
20 performing services under this agreement. A self-dealing transaction shall mean a transaction
21 to which the CONTRACTOR is a party and in which one or more of its directors has a material
22 financial interest. Members of the Board of Directors shall disclose any self-dealing
23 transactions that they are a party to by completing and signing a Self-Dealing Transaction
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Disclosure Form, attached hereto as Attachment "B" and incorporated herein by reference, and
submitting it to the COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement
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1 between the CONTRACTOR and COUNTY with respect to the subject matter hereof and
2 supersedes all previous Agreement negotiations, proposals, commitments, writings,
3 advertisements, publications, and understandings of any nature whatsoever unless expressly
4 included in this Agreement. In the event of any inconsistency in interpreting the documents which
5 constitute this Agreement, the inconsistency shall be resolved by giving precedence in the
6 following order of priority: (1) the text of this Agreement (excluding Attachment "A"); (2)
7 Attachment "A"; and (3) the COUNTY'S Request for Quotation No. 962-5313, including
8 ADDENDUM NO. One (1).
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
2 and year first hereinabove written.
3 CONTRACTOR
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Naja W. Boyd, PsyD
Chief Operating Officer
ANKA Behavioral Health, Incorporated
Please see additional signature page, attached.
19 FOR ACCOUNTING USE ONLY:
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ORG No.:
Account No.:
Requisition No.:
FCMC 10/12
34309999
7295
3431500447
Department Head's Signature
Rick Chavez
Chief Probation Officer
APPROVED AS TO ACCOUNTING FORM
{)(< ! c-~t__/')1=-
Vicki Crow
Auditor -Controller/Treasurer-Tax Collector
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By~~~~
23 G:\ADMINIJSTUTZMAN\AGREEMENTS-INDEPENDENT\CSWP-ANKA BEHAVIORAL HEAL TH\DEVELOPMENT OF AGREEMENT
ANKA\FINAL ANKA.DOC
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1 16. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
2 of the day and year first hereinabove written.
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Naja W. oyd, PsyD
Chief Operating Officer
Anka Behavioral Health, Incorporated
7 Please see additional signature page, attached.
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APPROVED AS TO LEGAL FORM
15 Daniel C. Cederberg
County Counsel
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19 FOR ACCOUNTING USE ONLY:
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ORG No.:
Account No.:
Requisition No.:
FCMC 10/12
34309999
7295
3431500447
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COUNTY OF FRESNO
Deborah A. Poochigian
Chairman
Fresno County Board of Supervisors
REVIEWED & RECOMMENDED FOR APPROVAL
Department Head's Signature
Rick Chavez
Chief Probation Officer
APPROVED AS TO ACCOUNTING FORM
Vicki Crow
Auditor-Controller/Treasurer-Tax Collector
ATTACHMENT "A"
SCOPE OF WORK
ANKA Behavioral Health will provide services to support a Juvenile Community Service Work
Program, and shall:
I. Provide two staff who are each 18 years of age or over to supervise each CSWP work
crew of up to 13 juveniles.
A. Required skills and abilities for staff that supervise juveniles include:
1. Ability to establish rapport with persons of differing ethnic and socio-economic
backgrounds;
2. Good oral and written communication skills;
3. Ability to maintain visual and auditory observance of juveniles' behavior;
4. Ability to work in a frequently hostile, unpredictable, and unpleasant environment;
5. Ability to keenly observe and provide detailed and accurate descriptions of
observations;
6. Ability to firmly enforce rules and regulations;
7. Ability to adapt quickly and effectively to emergency situations; and
8. A high degree of maturity, integrity, emotional stability, and good judgment.
B. Minimum qualifications for staff that supervise juveniles are:
1. Education: Completion of sixty (60) units of academic college work from an accredited
college or university that is acceptable within the United States' college or university
system.
2. License: Possession of a valid class "B" Driver's License for operation of the 15
passenger van employed by CONTRACTOR
3. Certificate: Possession of a valid First Aid and Cardiopulmonary Resuscitation (CPR)
certificate
4. Age: Must be 18 years of age.
5. Must successfully complete a Probation Department Vendor/Contractor background
check, including a DMV report, finger prints and current TB test.
C. Duties and responsibilities of CSWP supervision staff-this list is neither inclusive nor
exclusive, but indicative of expectations:
1. Follow CSWP policy and procedures (Exhibit A),
2. Enforce CSWP rules for all juveniles (Exhibit B),
3. Ensure van, equipment, and tools are in proper working order,
4. Greet juveniles and sign them in when they arrive,
5. Provide brief orientation and expectations to juveniles after sign in,
6. Hold personal items not allowed on work crews until the end of the day,
7. Transport juveniles to work site,
8. Review work site, upon arrival, for unsafe conditions,
9. Provide direct supervision of juveniles from arrival until each is dismissed as
authorized by parent/guardian or delivered home by CONTRACTOR,
10. Report incidents to the Probation Department Liaison, within the established
protocols,
11. Monitor weather conditions as the day progresses to ensure safety,
12. Transport work crew back to central meeting point,
13. Grade participation of each juvenile each work day, and
14. Complete reports required by CSWP Program.
D. Maintain Confidentiality and Comply with Reporting Requirements regarding juvenile
offenders and minors, including but not limited to:
1. Welfare and Institutions Code (WIC) Sections 827 and WIC 827.9
2. Penal Code (PC) Sections 11164-11174.3
ATTACHMENT "A"
II. Schedule work sites from a COUNTY approved Work Site list, employing scheduling
priorities established by Probation.
A. Sites may be added or deleted at any time by Probation.
B. Alternative Indoor work assignments may be provided by Probation if weather conditions
preclude outdoor work.
C. CONTRACTOR may suggest additional work sites which, if approved, will be added to
the Work Site List.
D. All revenues CONTRACTOR receives as a result of CSWP work will be shown as
"CREDIT" on invoices to Probation.
Ill. Provide transportation for each work crew
A CONTRACTOR must provide one 15 passenger van for transporting CSWP work crews.
1. Van must have safety features that comply with the California Vehicle Code and Cal
OSHA
2. Van must be mechanically reliable and fueled sufficiently prior to the beginning of
each work day
B. CONTRACTOR shall pick up juveniles at a central meeting location approved by
COUNTY, and transport them to the work site.
C. CONTRACTOR shall transport juveniles back to the central meeting location approved
by COUNTY.
D. CONTRACTOR's van must remain on-site with each work crew.
E. CONTRACTOR shall ensure that all work crew supervisorial staff meet California Vehicle
Code specialized license requirements of 15 passenger vans.
IV. Comply with all Cal OSHA requirements for ensuring safety of workers. Provide Safety
and Hygiene Equipment for each work crew, including but not limited to:
A One portable toilet,
B. Water and paper cups,
C. Portable shade structure adequate to provide shade for work crew during breaks,
D. First Aid Kit, and
E. Personal Protective Equipment, including gloves and brightly colored vests
V. Communicate with Probation and Report on CSWP Activities
A Provide cell phones/radio access for CONTRACTOR's employees to allow direct
communication between work crew supervisors and Probation, parents, emergency
services.
B. Provide internet access to submit reports on attendance and grades for participants on
each work crew by the day following the scheduled work.
C. Submit all CSWP forms and digital reports to Probation on a timely basis, per established
procedure.
D. Provide a CSWP Activity Report for each month, by the 151h of the following month,
including measures, such as:
1. Number of juveniles reporting to CSWP
2. Number of no-shows
3. Number who were not allowed to accompany the work crew
4. Number successfully completing the work day
5. Number of disciplinary problems.
6. Number of injuries
7. Community service work days or hours performed by juveniles
8. Work Sites serviced.
ATTACHMENT "B"
Page 1 of2
SELF-DEAUNG 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 to 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).
(1) Company Board Member Information:
Name:
Job Title:
(2) Company/Agency Name and Address:
Date:
ATTACHMENT "B"
Page 2 of2
(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: I Date: ~
COUNTY OF FRESNO
REQUEST FOR PROPOSAL
NUMBER: 962-5313
JUVENILE COMMUNITY SERVICE WORK PROGRAM (CSWP)
Issue Date: November 19, 2014
Closing Date: DECEMBER 22, 2014
Proposal will be considered LATE when the official Purchasing time clock reads 2:00P.M.
Questions regarding this RFP should be directed to: Carolyn Flores,
phone (559) 600-7112, e-mail countypurchasing@co.fresno.ca.us, or fax (559) 600-7126.
Check County of Fresno Purchasing's Open Solicitations
website at https://www2.co.fresno.ca.us/0440/Bids/BidsHome.aspx
for RFP documents and changes.
Please submit all Proposals to:
County of Fresno -Purchasing
4525 E. Hamilton Avenue, 2"d Floor
Fresno, CA 93702-4599
BIDDER TO COMPLETE
UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATIACHED PROPOSAL
SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD
INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR PROPOSALS (RFP'S)" ATIACHED.
COMPANY
ADDRESS
CITY STATE ZIP CODE
TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS
SIGNED BY
PRINT NAME TITLE
PD-040 (9/14)
Proposal No. 962-5313
COUNTY OF FRESNO PURCHASING
STANDARD INSTRUCTIONS AND CONDITIONS FOR
REQUESTS FOR PROPOSALS (RFP'S)AND REQUESTS FOR QUOTATIONS (RFQ'S)
Note: the reference to "bids" in the following paragraphs applies to RFP's and RFQ's
GENERAL CONDITIONS
By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid.
1.
2.
BID PREPARATION:
A) All prices and notations must be typed or written in ink. No erasures
permitted. Errors may be crossed out, initialed and corrections
printed in ink by person signing bid.
B) Brand Names: Brand names and numbers when given are for
reference. Equal items will be considered, provided the offer clearly
describes the article and how it differs from that specified. In the
absence of such information it shall be understood the offering is
exactly as specified.
C) State brand or make of each item. If bidding on other than specified,
state make, model and brand being bid and attach supporting
literature/specifications to the bid.
D) Bid on each item separately. Prices should be stated in units
specified herein. All applicable charges must be quoted; charges on
invoice not quoted herein will be disallowed.
E) Time of delivery is a part of the consideration and must be stated in
definite terms and must be adhered to. F.O.B. Point shall be
destination or freight charges must be stated.
F) All bids must be dated and signed with the firm's name and by an
authorized officer or employee.
G) Unless otherwise noted, prices shall be firm for one hundred eighty
(180) days after closing date of bid.
SUBMITIING BIDS:
A) Each bid must be submitted on forms provided in a sealed
envelope/package with bid number and closing date and time on the
outside of the envelope/package.
B) 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 stated within this document. All
addenda issued shall be in writing, duly issued by Purchasing and
incorporated into the contract.
C) ISSUING AGENT/AUTHORIZED CONTACT: This RFP/RFQ has
been issued by County of Fresno, Purchasing. Purchasing shall be
the vendor's sole point of contact with regard to the RFP/RFQ, its
content, and all issues concerning it.
All communication regarding this RFP/RFQ shall be directed to an
authorized representative of County Purchasing. The specific buyer
managing this RFP/RFQ is identified on the cover page, along with
his or her telephone number, and he or she should be the primary
3.
point of contact for discussions or information pertaining to the
RFP/RFQ. Contact with any other County representative, including
elected officials, for the purpose of discussing this RFPIRFQ, 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 RFP/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.
D) Bids received after the closing time will NOT be considered.
E) Bidders are to bid what is specified or requested first. If unable to or
unwilling to, bidder may bid alternative or option, indicating all
advantages, disadvantages and their associated cost.
FAILURE TO BID:
A) If not bidding, retum bid sheet and state reason for no bid or your name
may be removed from mailing list.
4. TAXES, CHARGES AND EXTRAS:
A) County of Fresno is subject to California sales and/or use tax (8.225%).
Please indicate as a separate line item if applicable.
B) DO NOT include Federal Excise Tax. County is exempt under
Registration No. 94-73-03401-K.
C) County is exempt from Federal Transportation Tax. Exemption
certificate is not required where shipping papers show consignee as
County of Fresno.
D) Charges for transportation, containers, packing, etc. will not be paid
unless specified in bid.
5. W-9 -REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND
CERTIFICATION & CALIFORNIA FORM 590 WITHHOLDING EXEMPTION
CERTIFICATE:
Upon award of bid, the vendor shall submit to County Purchasing, a completed
IRS Form W-9 -Request forT axpayer Identification Number and Certification
1A
Proposal No. 962-5313
and a California Form 590 Withholding Exemption Certificate if not
currently a County of Fresno approved vendor.
6. AWARDS:
A) Award(s) will be made to the most responsive responsible bidder;
however, the Fresno County Local Vendor Preference and/or the
Disabled Veteran Business Enterprise Preference shall take
precedence when applicable. Said Preferences apply only to
Request for Quotations for materials, equipment and/or supplies only
(no services}; the preference do not apply to Request for Proposals.
RFQ evaluations will include such things as life-cycle cost,
availability, delivery costs and whose product and/or service is
deemed to be in the best interest of the County. The County shall be
the sole judge in making such determination.
B) Unless bidder gives notice of ali-or-none award in bid, County may
accept any item, group of items or on the basis of total bid.
C) The County reserves the right to reject any and all bids and to waive
informalities or irregularities in bids.
D) Award Notices are tentative: Acceptance of an offer made in
response to this RFP/RFQ shall occur only upon execution of an
agreement by both parties or issuance of a valid written Purchase
Order by Fresno County Purchasing.
E) After award, all bids shall be open to public inspection. The County
assumes no responsibility for the confidentiality of information
offered in a bid.
7. TIE BIDS:
All other factors being equal, the contract shall be awarded to the Fresno
County vendor or, if neither or both are Fresno County vendors, it may be
awarded by the flip of a coin in the presence of wttnesses or the entire bid
may be rejected and re-bid. If the General Requirements of the RFQ state
that they are applicable, the provisions of the Fresno County Local Vendor
Preference shall take priority over this paragraph.
8. PATENT INDEMNITY:
The vendor shall hold the County, its officers, agents and employees,
harmless from liability of any nature or kind, including costs and expenses,
for infringement or use of any copyrighted or un-copyrighted composition,
secret process, patented or unpatented invention, article or appliance
furnished or used in connection with this bid.
9. SAMPLES:
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.
10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT:
A) In case of default by vendor, the County may procure the articles or
service from another source and may recover the cost difference
and related expenses occasioned thereby from any unpaid balance
due the vendor or by proceeding against performance bond of the
vendor, if any, or by suit against the vendor. The prices paid by the
County shall be considered the prevailing market price at the time
such purchase is made.
B) Articles or services, which upon delivery inspection do not meet
specifications, will be rejected and the vendor will be considered in
default. Vendor shall reimburse County for expenses related to delivery
of non-specified goods or services.
C) Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury
or destruction to goods and materials ordered herein which occur prior to
delivery and such loss, injury or destruction shall not release vendor from
any obligation hereunder.
11. DISCOUNTS:
Terms of less than fifteen (15) days for cash payment will be considered as net
in evaluating this bid. A discount for payment within fifteen (15) days or more
will be considered in determining the award of bid. Discount period will
commence either the later of delivery or receipt of invoice by the County.
Standard terms are Net forty-five (45) days.
12. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL
CONDITIONS:
The "General Conditions" provisions of this RFP/RFQ shall be superseded if in
conflict with any other section of this bid, to the extent of any such conflict.
13. SPECIAL REQUIREMENT:
With the invoice or within twenty-five (25} days of delivery, the seller must
provide to the County a Material Safety Data Sheet for each product, which
contains any substance on "The Ust 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.)
14. RECYCLED PRODUCTS/MATERIALS:
Vendors are encouraged to provide and quote (with documentation) recycled
or recyclable products/materials which meet stated specifications.
15. YEAR COMPLIANCE WARRANTY:
Vendor warrants that any product furnished pursuant to this Agreement/order
shall support a four -digit year format and be able to accurately process date
and time data from, into and between the twentieth and twenty-first centuries,
as well as leap year calculations. 'Product' shall include, wtthout limitation, any
piece or component of equipment, hardware, firmware, middleware, custom or
commercial software, or internal components or subroutines therein. This
warranty shall survive termination or expiration of this Agreement.
In the event of any decrease in product functionality or accuracy related to time
and/or date data related codes and/or internal subroutines that impede the
product from operating correctly using dates beyond December 31, 1999,
vendor shall restore or repair the product to the same level of functionality as
warranted herein, so as to minimize interruption to County's ongoing business
process, time being of the essence. In the event that such warranty
compliance requires the acquisition of additional programs, the expense for
any such associated or additional acquisitions, which may be required,
including, without limitation, data conversion tools, shall be borne exclusively
by vendor. Nothing in this warranty shall be construed to limit any rights or
remedies the County may otherwise have under this Agreement with respect to
defects other than year performance.
16. PARTICIPATION:
Bidder may agree to extend the terms of the resulting contract to other political
subdivision, municipalities and tax-supported agencies.
Such participating Governmental bodies shall make purchases in their own
name, make payment directly to bidder, and be liable directly to the bidder,
holding the County of Fresno harmless.
1B
Proposal No. 962-5313
17. CONFIDENTIALITY:
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 limned 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 condnions
with respect to such information.
18. APPEALS:
Appeals must be submitted in writing wnhin 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 RFP/RFQ. Appeals should be submitted to County of Fresno
Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702-4599.
Appeals should address only areas regarding RFP contradictions,
procurement errors, quotation rating discrepancies, legality of procurement
context, conflict of interest, and inappropriate or unfair competmve
procurement grievance regarding the RFPIRFQ 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 protesting bidder is not satisfied with the decision of Purchasing,
he/she shall have the right to appeal to the Purchasing AgenUCAO within
seven (7) working days after Purchasing's notifiCation; except if, notified to
appeal directly to the Board of Supervisors at the scheduled date and time.
If the protesting bidder is not satisfied with Purchasing AgenUCAO's
decision, the final appeal is with the Board of Supervisors.
19. OBLIGATIONS OF CONTRACTOR:
A) CONTRACTOR shall perform as required by the ensuing contract.
CONTRACTOR also 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.
B) CONTRACTOR shall obey all Federal, State, local and special
district laws, ordinances and regulations.
20. AUDITS & RETENTION:
The Contractor shall maintain in good and legible condition all books,
documents, papers, data files and other records related to its performance
under this contract. Such records shall be complete and available to Fresno
County, the State of California, the federal government or their duly authorized
representatives for the purpose of audit, examination, or copying during the
term of the contract and for a period of at least three (3) years following the
County's final payment under the contract or until conclusion of any pending
matter (e.g., litigation or audn), whichever is later. Such records must be
retained in the manner described above until all pending matters are closed.
21. DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS:
Applies to Request for Proposal (RFP); does not apply to Request for
Quotation (RFQ) unless specifically stated elsewhere in the RFQ document.
In their proposal, the bidder is required to disclose if any of the following
conditions apply to them, their owners, officers, corporate managers and
partners (hereinafter collectively referred to as 'Bidder"):
• Within the three-year period preceding the proposal, they have been
convicted of, or had a civil judgment rendered against them for:
o fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction;
o violation of a federal or state antitrust statute;
o embezzlement, theft, forgery, bribery, falsification, or
destruction of records; or
o false statements or receipt of stolen property
Within a three-year period preceding their proposal, they have had a public
transaction (federal, state, or local) terminated for cause or default.
22. DATASECURITY:
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.
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Proposal No. 962-5313
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.
23. PURCHASING LOCATION & HOURS:
Fresno County Purchasing is located at 4525 E. Hamilton Avenue
(second floor), Fresno, CA 93702. Non-holiday hours of operation are
Monday through Friday, 8:00A.M. to 12:00 Noon and 1:00 P.M. to 5:00
P.M. PST; Purchasing is closed daily from 12:00 Noon to 1:00 P.M. The
following holiday office closure schedule is observed:
January 1*
Third Monday in January
Third Monday in February
March 31*
Last Monday in May
July 4*
First Monday in September
November 11*
Fourth Thursday in November
Friday following Thanksgiving
December 25*
New Year's Day
Martin Luther King, Jr.'s Birthday
Washington -Lincoln Day
Cesar Chavez' Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas
• When this date falls on a Saturday, the holiday is observed the
preceding Friday. If the date falls on a Sunday, the holiday is observed
the following Monday.
24. FRESNO COUNTY BOARD OF SUPERVISORS ADMINISTRATIVE
POLICIES:
The link below references the Fresno County Board of Supervisors
Administrative policies that will apply to this Request for Proposal.
Click here to view
10
Proposal No. 962-5313 Page2
TABLE OF CONTENTS
PAGE
OVERVIEW ..................................................................................................................... 3
KEY DATES .................................................................................................................... 4
TRADE SECRET ACKNOWLEDGEMENT ..................................................................... 5
DISCLOSURE -CRIMINAL HISTORY & CMLACTIONS ........................................................... 7
REFERENCE LIST ........................................................................................................ 10
PARTICIPATION ........................................................................................................... 11
GENERAL REQUIREMENTS ....................................................................................... 12
SPECIFIC BIDDING INSTRUCTIONS AND REQUIREMENTS .................................... 20
SCOPE OF WORK ........................................................................................................ 23
COST PROPOSAL ........................................................................................................ 26
PROPOSAL CONTENT REQUIREMENTS .................................................................. 27
AWARD CRITERIA ....................................................................................................... 30
CHECK LIST ................................................................................................................. 31
EXHIBIT A ..................................................................................................................... 32
EXHIBIT B ..................................................................................................................... 37
Proposal No. 962-5313 Page3
OVERVIEW
The County of Fresno, on behalf of the Probation Department, is requesting proposals from
qualified vendors to provide services to support a "Juvenile Community Service Work
Program" (CSWP). Juveniles will be referred to the CSWP under order of the Juvenile
Delinquency Court. The CSWP is designed to hold juveniles accountable for their delinquent
behavior by offering work experience in lieu of custody. The program is used by the Juvenile
Court as an alternative to incarceration, by Deputy Probation Officers as an accountability
measure, and by Police/Probation Teams both as a rehabilitative sanction and a diversionary
activity. This program also benefits the people of Fresno County by providing grounds-
keeping and other services for public agencies.
The Probation Department is seeking a qualified vendor to schedule work days with approved
public agencies, transport work crews to and from job sites, supervise crews as they work,
enforce all program rules of the CSWP, and to provide reports on work done by individual
juveniles, as well as statistics on juveniles and work sites visited each month.
The Probation Department will assign juveniles to work crews and provide a list of approved
work sites to the vendor. One work crew will be scheduled each day, Wednesday through
Sunday. An additional work crew will be scheduled each Saturday and Sunday.
If sufficient juveniles are referred, Probation may schedule two work crews each day,
Wednesday through Sunday.
If the contractor is able to provide a third van, a third work crew may be added during
weekends, the summer months and school holidays.
• It is anticipated that work will be scheduled 250 days each year.
• The size of each "work crew" is between two and thirteen juveniles, determined by the
number scheduled to work, and the number who arrive at the meeting location on the
work day. If attendance is limited to a single juvenile, the juvenile will be given credit
for the day and dismissed. Contractor will be compensated at the contracted rate
regardless of the number of juveniles supervised.
A detailed Scope of Work provides the County's expectations for provision of these services.
Potential Contractors should propose a plan for providing the specified services for this
population of juveniles. Demonstrate awareness of challenges involved and knowledge of
applicable laws, regulations, and operating principles. Describe the structure of the
organization, its capability of fulfilling this scope of work and its experience in providing
similar services. Describe qualifications and experience of management and key staff.
Please be specific about how services would be provided in the event of mechanical failure of
a van or staff illness/absence.
Note: The selected CONTRACTOR shall provide, in addition to insurance policies listed in
the Insurance Section, Sexual Abuse/Molestation Liability Insurance (including but not limited
to corporal punishment liability, sexual abuse and molestation liability, and child abduction
liability) with limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence, Two
Million Dollars ($2,000,000.00) annual aggregate. This policy shall be issued on a per
occurrence basis.
Proposal No. 962-5313 Page4
KEY DATES
RFP Issue Date:
Vendor Conference:
Vendors are to contact Carolyn Flores
at (559) 600-7110 if planning to attend
vendor conference.
Deadline for Written Requests for
Interpretations or Corrections of RFP:
RFP Closing Date:
November 19, 2014
December 4, 2014 at 1:30 P.M.
County of Fresno -Purchasing
4525 E. Hamilton Avenue, 2"d Floor
Fresno, CA 93702
December 9, 2014 at 9:00A.M.
Fax No. (559) 600-7126
E-Mail: CountvPurchasing@co.fresno.ca.us
December 22, 2014 at 2:00P.M.
County of Fresno -Purchasing
4525 E. Hamilton Avenue, 2"d Floor
Fresno, CA 93702
Proposal No. 962-5313 Page5
TRADE SECRET ACKNOWLEDGEMENT
All proposals received by the County shall be considered "Public Record" as defined by
Section 6252 of the California Government Code. This definition reads as follows:
" ... Public records" includes any writing containing information relating to the conduct of the
public's business prepared, owned, used or retained by any state or local agency
regardless of physical form or characteristics "Public records" in the custody of, or
maintained by, the Governor's office means any writing prepared on or after January 6,
1975."
Each proposal submitted is Public record and is therefore subject to inspection by the public
per Section 6253 of the California Government Code. This section states that "every person
has a right to inspect any public record".
The County will not exclude any proposal or portion of a proposal from treatment as a public record
except in the instance that it is submitted as a trade secret as defined by the California Government
Code. Information submitted as proprietary, confidential or under any other such terms that might
suggest restricted public access will not be excluded from treatment as public record.
"Trade secrets" as defined by Section 6254.7 of the California Government Code are deemed
not to be public record. This section defines trade secrets as:
" ... Trade secrets," as used in this section, may include, but are not limited to, any formula,
plan, pattern, process, tool, mechanism, compound, procedure, production data or
compilation of information that is not patented, which is known only to certain individuals
within a commercial concern who are using it to fabricate, produce, or compound an article
of trade or a service having commercial value and which gives its user an opportunity to
obtain a business advantage over competitors who do not know or use it."
Information identified by bidder as "trade secret" will be reviewed by County of Fresno's legal
counsel to determine conformance or non-conformance to this definition. Such material
should be submitted in a separate binder marked "Trade Secret". Examples of material not
considered to be trade secrets are pricing, cover letter, promotional materials, etc.
INFORMATION THAT IS PROPERLY IDENTIFIED AS TRADE SECRET AND CONFORMS
TO THE ABOVE DEFINITION WILL NOT BECOME PUBLIC RECORD. COUNTY WILL
SAFEGUARD THIS INFORMATION IN AN APPROPRIATE MANNER.
Information identified by bidder as trade secret and determined not to be in conformance with
the California Government Code definition shall be excluded from the proposal. Such
information will be returned to the bidder at bidder's expense upon written request.
Trade secrets must be submitted in a separate binder that is plainly marked "Trade Secrets."
The County shall not in any way be liable or responsible for the disclosure of any proposals or
portions thereof, if they are not (1) submitted in a separate binder that is plainly marked "Trade
Secret" on the outside; and (2) if disclosure is required or allowed under the provision of law or by
order of Court.
Proposal No. 962-5313 PageS
Vendors are advised that the County does not wish to receive trade secrets and that vendors
are not to supply trade secrets unless they are absolutely necessary.
TRADE SECRET ACKNOWLEDGEMENT
I have read and understand the above "Trade Secret Acknowledgement."
I understand that the County of Fresno has no responsibility for protecting information
submitted as a trade secret if it is not delivered in a separate binder plainly marked "Trade
Secret." I also understand that all information my company submits, except for that
information submitted in a separate binder plainly marked "Trade Secret," are public records
subject to inspection by the public. This is true no matter whether my company identified the
information as proprietary, confidential or under any other such terms that might suggest
restricted public access.
Enter company name on appropriate line:
Has submitted information identified as Trade
__,(c=-o-m-pa_n_y__,.N.,-a_m_e.,_.) ----------Secrets in a separate marked binder.**
Has not submitted information identified as Trade
-(-C-om-pa_n_y..,...N_a_m-e) __________ Secrets. Information submitted as proprietary
confidential or under any other such terms that
might suggest restricted public access will not be
excluded from treatment as public record.
ACKNOWLEDGED BY:
Signature Telephone
Print Name and Title Date
Address
City State Zip
**Bidders brief statement that clearly sets out the reasons for confidentiality in conforming
with the California Government Code definition.
Proposal No. 962-5313 Page7
DISCLOSURE-CRIMINAL HISTORY & CML AcnGNS
In their proposal, the bidder is required to disclose if any of the following conditions apply to
them, their owners, officers, corporate managers and partners (hereinafter collectively
referred to as "Bidder"):
• Within the three-year period preceding the proposal, they have been convicted of, or
had a civil judgment rendered against them for:
o fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction;
o violation of a federal or state antitrust statute;
o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or
o false statements or receipt of stolen property
• Within a three-year period preceding their proposal, they have had a public transaction
(federal, state, or local) terminated for cause or default.
Disclosure of the above information will not automatically eliminate a Bidder from
consideration. The information will be considered as part of the determination of whether to
award the contract and any additional information or explanation that a Bidder elects to
submit with the disclosed information will be considered. If it is later determined that the
Bidder failed to disclose required information, any contract awarded to such Bidder may be
immediately voided and terminated for material failure to comply with the terms and
conditions of the award.
Any Bidder who is awarded a contract must sign an appropriate Certification Regarding
Debarment, Suspension, and Other Responsibility Matters. Additionally, the Bidder awarded
the contract must immediately advise the County in writing if, during the term of the
agreement: (1) Bidder becomes suspended, debarred, excluded or ineligible for participation
in federal or state funded programs or from receiving federal funds as listed in the excluded
parties list system (http://www.epls.gov); or (2) any of the above listed conditions become
applicable to Bidder. The Bidder will indemnify, defend and hold the County harmless for any
loss or damage resulting from a conviction, debarment, exclusion, ineligibility or other matter
listed in the signed Certification Regarding Debarment, Suspension, and Other Responsibility
Matters.
Proposal No. 962-5313 PageS
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this covered transaction. The prospective participant
shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the department or
agency's determination whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an explanation shall
disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction.
If it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or
default.
4. The prospective primary participant shall provide immediate written notice to the
department or agency to which this proposal is submitted if at any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in
this clause, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of
those regulations.
6. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
Proposal No. 962-5313 Page9
CERTIFICATION
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it,
its owners, officers, corporate managers and partners:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving stolen property;
(c) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Signature: Date:
(Printed Name & Title) (Name of Agency or Company)
Proposal No. 962-5313
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR PROPQSAL
Firm:
Page 10
-------------------------------------
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided similar
services. 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 RFP.
Proposal No. 962-5313 Page 11
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.
D Yes, we will extend contract terms and conditions to all qualified agencies within the
Central Valley Purchasing Group and other tax supported agencies.
D No, we will not extend contract terms to any agency other than the County of Fresno.
(Authorized Signature)
Title
*Note: This form/information is not rated or ranked in evaluating proposal.
Proposal No. 962-5313 Page 12
GENERAL REQUIREMENTS
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 proposal and is identified on the Proposal Identification Sheet.
RFP CLARIFICATION AND REVISIONS: Any revisions to the RFP will be issued and
distributed as written addenda.
FIRM PROPOSAL: All proposals shall remain firm for at least one hundred eighty (180) days.
PROPOSAL PREPARATION: Proposals should be submitted in the formats shown under
"PROPOSAL CONTENT REQUIREMENTS" section of this RFP.
County of Fresno will not be held liable or any cost incurred by bidders responding to RFP.
Bidders are to bid what is specified or requested first. If unable to or unwilling to, bidder may
bid alternative or option, indicating all advantages, disadvantages and their associated cost.
SUPPORTIVE MATERIAL: Additional material may be submitted with the proposal as
appendices. Any additional descriptive material that is used in support of any information in
your proposal must be referenced by the appropriate paragraph(s) and page number(s).
Bidders are asked to submit their proposals in a binder (one that allows for easy removal of
pages) with index tabs separating the sections identified in the Table of Contents. Pages
must be numbered on the bottom of each page.
Any proposal attachments, documents, letters and materials submitted by the vendor shall be
binding and included as a part of the final contract should your bid be selected.
TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically
identified in the proposal 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 8.225%
regardless of vendor's place of doing business.
RETENTION: County of Fresno reserves the right to retain all proposals, excluding
proprietary documentation submitted per the instructions of this RFP, regardless of which
response is selected.
ORAL PRESENTATIONS: Each finalist may be required to make an oral presentation in
Fresno County and answer questions from County personnel.
AWARD/REJECTION: The award will be made to the vendor offering the overall proposal
deemed to be to the best advantage of the County. The County shall be the sole judge in
making such determination. The County reserves the right to reject any and all proposals.
The lowest bidders are not arbitrarily the vendors whose proposals will be selected. Award
Notices are tentative: Acceptance of an offer made in response to this RFP shall occur only
upon execution of an agreement by both parties or issuance of a valid written Purchase Order
by Fresno County Purchasing.
Proposal No. 962-5313 Page 13
County Purchasing will chair or co-chair all award, evaluation and contract negotiation
committees.
Award may require approval by the County of Fresno Board of Supervisors.
WAIVERS: The County reserves the right to waive any informalities or irregularities and any
technical or clerical errors in any quote as the interest of the County may require.
TERMINATION: The County reserves the right to terminate any resulting contract upon
written notice.
MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the
prescribed terms, conditions and requirements with the selected vendor.
PROPOSAL REJECTION: Failure to respond to all questions or not to supply the requested
information could result in rejection of your proposal.
ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign
any payment or portions of payments without prior written consent of the County of Fresno.
BIDDERS LIABILITIES: County of Fresno will not be held liable for any cost incurred by
vendors in responding to the RFP.
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.
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.
NEWS RELEASE: Vendors shall not issue any news releases or otherwise release
information to any third party about this RFP 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 proposal/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.
ACQUISITIONS: The County reserves the right to obtain the whole system/services/goods as
proposed or only a portion of the system/services/goods, or to make no acquisition at all.
OWNERSHIP: The successful vendor will be required to provide to the County of Fresno
documented proof of ownership by the vendor, or its designated subcontractor, upon request
of the proposed programs/services/goods.
Proposal No. 962-5313 Page 14
EXCEPTIONS: Identify with explanation, any terms, conditions, or stipulations of the RFP
with which you CAN NOT or WILL NOT comply with by proposal group.
ADDENDA: In the event that it becomes necessary to revise any part of this RFP, addenda
will be provided to all agencies and organizations that receive the basic RFP.
SUBCONTRACTORS: If a subcontractor is proposed, complete identification of the
subcontractor and his tasks should be provided. The primary contractor is not relieved of any
responsibility by virtue of using a subcontractor.
CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or
proposal submitted by the persons or entities specified below, unless the Board of
Supervisors finds that special circumstances exist which justify the approval of such contract:
1. Employees of the County or public agencies for which the Board of Supervisors is the
governing body.
2. Profit-making firms or businesses in which employees described in Subsection (1) serve
as officers, principals, partners or major shareholders.
3. Persons who, within the immediately preceding twelve (12) months, came within the
provisions of Subsection (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 RFP, or any competing RFP, 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.
6. In addition, no County employee will be employed by the selected vendor to fulfill the
vendor's contractual obligations to the County.
ORDINANCE 3.08.130-POST-SEPARATION EMPLOYMENT PROHIBITED
No officer or employee of the County who separates from County service shall for a period of
one year after separation enter into any employment, contract, or other compensation
arrangement with any County consultant, vendor, or other County provider of goods,
materials, or services, where the officer or employee participated in any part of the decision
making process that led to the County relationship with the consultant, vendor or other
County provider of goods, materials or services.
Pursuant to Government Code section 25132(a), a violation of the ordinance may be enjoined
by an injunction in a civil lawsuit, or prosecuted as a criminal misdemeanor.
EVALUATION CRITERIA: Respondents will be evaluated on the basis of their responses to
all questions and requirements in this RFP and product cost. The County shall be the sole
judge in the ranking process and reserves the right to reject any or all bids. False, incomplete
Proposal No. 962-5313 Page 15
or unresponsive statements in connection with this proposal may be sufficient cause for its
rejection.
SELECTION PROCESS: All proposals will be evaluated by a team consisting of
representatives from appropriate County Department(s), and Purchasing. It will be their
responsibility to make the final recommendations. Purchasing will chair or co-chair the
evaluation or evaluation process.
Organizations that submit a proposal may be required to make an oral presentation to the
Selection Committee. These presentations provide an opportunity for the individual, agency,
or organization to clarify its proposal to ensure thorough, mutual understanding.
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 venture, partner, or associate
of the County. Furthermore, County shall have no right to control, supervise, or direct the
manner or method by which Contractor shall perform its work and function. However, County
shall retain the right to administer this Agreement so as to verify that Contractor is performing
its obligations in accordance with the terms and conditions thereof. Contractor and County
shall comply with all applicable provisions of law and the rules and regulations, if any, of
governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right
to employment rights and benefits available to County employees. Contractor shall be solely
liable and responsible for providing to, or on behalf of, its employees all legally required
employee benefits. In addition, Contractor shall be solely responsible and save County
harmless from all matters relating to payment of Contractor's employees, including
compliance with Social Security, withholding, and all other regulations governing such
matters. It is acknowledged that during the term of the Agreement, Contractor may be
providing services to others unrelated to the COUNTY or to the Agreement.
HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at
County's request, defend the County, its officers, agents and employees, from any and all
costs and expenses, damages, liabilities, claims and losses occurring or resulting to County
in connection with the performance, or failure to perform, by Contractor, its officers, agents or
employees under this Agreement and from any and all costs and expenses, damages,
liabilities, claims and losses occurring or resulting to any person, firm or corporation who may
be injured or damaged by the performance, or failure to perform, of Contractor, its officers,
agents or employees under this Agreement.
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.
Proposal No. 962-5313 Page 16
PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility
for all services and activities offered in the proposal, whether or not they are provided directly.
Further, the County of Fresno will consider the selected vendor to be the sole point of contact
with regard to contractual matters, including payment of any and all charges resulting from
the contract. The contractor may not subcontract or transfer the contract, or any right or
obligation arising out of the contract, without first having obtained the express written consent
of the County.
ADDRESSES AND TELEPHONE NUMBERS: The vendor will provide the business address
and mailing address, if different, as well as the telephone number of the individual signing the
contract.
ASSURANCES: Any contract awarded under this RFP 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 RFP. 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 RFP. 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.
INSURANCE:
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the
following insurance policies or a program of self-insurance, including but not limited to, an
insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the
Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million Dollars
($1 ,000,000) per occurrence and an annual aggregate of Two Million Dollars
($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may
require specific coverages including completed operations, products liability, contractual
liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance
deemed necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than
Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand
Dollars ($500,000.00) per accident and for property damages of not less than Fifty
Thousand Dollars ($50,000.00}, or such coverage with a combined single limit of Five
Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-
owned vehicles used in connection with this Agreement.
C. Professional Liabilitv
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
Proposal No. 962-5313 Page 17
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 (3) 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.
Contractor shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned.
Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by County, its officers, agents and employees shall
be excess only and not contributing with insurance provided under Contractor's policies
herein. This insurance shall not be cancelled or changed without a minimum of thirty (30)
days advance written notice given to County.
Within thirty (30) days from the date Contractor executes this Agreement, Contractor shall
provide certificates of insurance and endorsement as stated above for all of the foregoing
policies, as required herein, to the County of Fresno, Probation Department, 3333 E.
American Avenue, Fresno, CA, 93725 stating that such insurance coverage have been
obtained and are in full force; that the County of Fresno, its officers, agents and employees
will not be responsible for any premiums on the policies; that such Commercial General
Liability insurance names the County of Fresno, its officers, agents and employees,
individually and collectively, as additional insured, but only insofar as the operations under
this Agreement are concerned; that such coverage for additional insured shall apply as
primary insurance and any other insurance, or self-insurance, maintained by County, its
officers, agents and employees, shall be excess only and not contributing with insurance
provided under Contractor's policies herein; and that this insurance shall not be cancelled or
changed without a minimum of thirty (30) days advance, written notice given to County.
In the event Contractor fails to keep in effect at all times insurance coverage as herein
provided, the County may, in addition to other remedies it may have, suspend or terminate
this Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California.
Insurance purchased shall be purchased from companies possessing a current A.M. Best,
Inc. rating of A FSC VII or better.
NOTE: The selected CONTRACTOR shall provide, in addition to insurance policies listed
above, Sexual Abuse/Molestation Liability Insurance (including but not limited to corporal
punishment liability, sexual abuse and molestation liability, and child abduction liability) with
limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars
($2,000,000.00) annual aggregate. This policy shall be issued on a per occurrence basis.
AUDIT 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
Proposal No. 962-5313 Page 18
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.
DEFAULT: In case of default by the selected bidder, the County may procure materials and
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.
BREACH OF CONTRACT: In the event of breach of contract by either party, the other party
shall be relieved of its obligations under this agreement and may pursue any legal remedies.
CONFIDENTIALITY
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 of 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.
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 RFP. Appeals shall be submitted to County
of Fresno Purchasing, 4525 E. Hamilton Avenue 2"d Floor, Fresno, California 93702-4599.
Appeals should address only areas regarding RFP contradictions, procurement errors,
quotation rating discrepancies, legality of procurement context, conflict of interest, and
inappropriate or unfair competitive procurement grievance regarding the RFP process.
Purchasing will provide a written response to the complainant within *seven (7) working days
unless the complainant is notified more time is required.
If the protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the
right to appeal to the Purchasing Agent/GAO within seven (7) working days after Purchasing's
notification; except, if notified to appeal directly to the Board of Supervisors at the scheduled
date and time.
Proposal No. 962-5313 Page 19
If the protesting bidder is not satisfied with Purchasing Agent/CAO's decision, the final appeal
is with the Board of Supervisors.
*The seven (7) working day period shall commence and be computed by excluding the first day and including the
last day upon the date that the notification is issued by the County.
RIGHTS OF OWNERSHIP
The County shall maintain all rights of ownership and use to all materials designed, created or
constructed associated with this service/project/program.
Proposal No. 962-5313
SPECIFIC BIDDING INSTRUCTIONS AND
REQUIREMENTS
Page 20
ISSUING AGENT: This RFP has been issued by County of Fresno, Purchasing. Purchasing
shall be the vendor's sole point of contact with regard to the RFP, its content, and all issues
concerning it.
AUTHORIZED CONTACT: All communication regarding this RFP shall be directed to an
authorized representative of County Purchasing. The specific buyer managing this RFP 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 RFP. Contact with
any other County representative, including elected officials, for the purpose of discussing this
RFP, it content, or any other issue concerning it, is prohibited unless authorized by
Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in
writing) with such other County representatives, may constitute grounds for rejection by
Purchasing of the vendor's quotation.
The above stated restriction on vendor contact with County representatives shall apply until
the County has awarded a purchase order or contract to a vendor or vendors, except as
follows. First, in the event that a vendor initiates a formal protest against the RFP, 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.
VENDOR CONFERENCE: On December 4, 2014 at 1:30 p.m., a vendor's conference will
be held in which the scope of the project and proposal requirements will be explained.
The meeting will be held at the office of County of Fresno Purchasing, 4525 E. Hamilton
(between Cedar and Maple), 2"d Floor, Fresno, California. Addendum will be prepared
and distributed to all bidders only if necessary to clarify substantive items raised during the
bidders' conference.
Bidders are to contact Carolyn Flores at County of Fresno Purchasing, (559) 600-7112, if they
are planning to attend the conference.
NUMBER OF COPIES: Submit one (1) original, with two (2) *reproducible compact disc
enclosed and five (5) copies of your proposal no later than the proposal acceptance date
and time as stated on the front of this document to County of Fresno Purchasing. The cover
page of each document is to be appropriately marked "Original" or "Copy".
*Bidder shall submit two (2) reproducible compact disc (i.e.: PDF file) containing the
complete proposal excluding trade secrets. Compact disc should accompany the
original binder and should be either attached to the inside cover of the binder or
inserted in an attached sleeve or envelope in the front of the binder to insure the disc
is not misplaced.
Proposal No. 962-5313 Page 21
INTERPRETATION OF RFP: Vendors must make careful examination of the requirements,
specifications and conditions expressed in the RFP and fully inform themselves as to the
quality and character of services required. If any person planning to submit a proposal finds
discrepancies in or omissions from the RFP or has any doubt as to the true meaning or
interpretation, correction thereof may be requested at the scheduled Vendor Conference (see
above). Any change in the RFP will be made only by written addendum, duly issued by the
County. The County will not be responsible for any other explanations or interpretations.
Questions may be submitted subsequent to the Vendor Conference, subject to the following
conditions:
a. Such questions are submitted in writing to the County Purchasing not later than
December 9, 2014 at 9:00 a.m. Questions must be directed to the attention of
Carolyn Flores, Senior Buyer.
b. Such questions are submitted with the understanding that County can respond only to
questions it considers material in nature.
c. Questions shall bee-mailed to CountyPurchasing@co.fresno.ca.us.
NOTE: The bidder is encouraged to submit all questions at the Vendor Conference. Time
limitations can prevent a response to questions submitted after the conference.
SELECTION COMMITTEE: All proposals will be evaluated by a team co-chaired by
Purchasing. All proposals will be evaluated by a review committee that may consist of County
of Fresno Purchasing, department staff, community representatives from advisory boards and
other members as appropriate.
The proposals will be evaluated in a multi-stage selection process. Some bids may be
eliminated or set aside after an initial review. If a proposal does not respond adequately to
the RFP or the bidder is deemed unsuitable or incapable of delivering services, the proposal
may be eliminated from consideration. It will be the selection committee's responsibility to
make the final recommendation to the Department Head.
CONTRACT TERM: It is County's intent to contract with the successful bidder for a term of
three (3) years with the option to renew for up to two (2) additional one (1) year periods based
on mutual written consent. County will retain the right to terminate the Agreement upon
giving thirty (30) days advance written notification to the Contractor.
PAYMENT: The County of Fresno, if appropriate, may use Procurement Card to place and
make payment for orders under the ensuing contract.
AUDITED FINANCIAL STATEMENTS: Copies of the audited Financial Statements for the
last three (3) years for the business, agency or program that will be providing the service(s)
proposed. If audited statements are not available, complied or reviewed statements will be
accepted with copies of three years of corresponding federal tax returns. This information is
to be provided after the RFP closes, if requested. Do not provide with your proposal.
CONTRACT NEGOTIATION: The County will prepare and negotiate its own contract with the
selected vendor, giving due consideration to standard contracts and associated legal
documents submitted as a part of bidder's response to the RFP. The tentative award of the
contract is based on successful negotiation pending formal recommendation of award. Bidder
Proposal No. 962-5313
is to include in response the names and titles of officials authorized to conduct such
negotiations.
Page 22
NOTICES: All notices, payments, invoices, insurance and endorsement certificates, etc. need
to be submitted as follows: referencing contract/purchase order number, department, position,
title and address of administering official.
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.
LOCAL VENDOR PREFERENCE: The Local Vendor Preference does not apply to this
Request for Proposal.
Bonding Company Requirements: Each bond specified in this RFP (bid bond, faithful
performance bond and payment bond) shall meet the requirements of all applicable statutes,
including but not limited to those specified in Public Contract Code section 20129 and Civil
Code section 3248. Each bond specified in this RFP shall be issued by a surety company
designated as an admitted surety insurer in good standing with and authorized to transact
business in this state by the California Department of Insurance, and acceptable to the
County of Fresno. Bidders are cautioned that representations made by surety companies will
be verified with the California Department of Insurance. Additionally, the County of Fresno, in
its discretion, when determining the sufficiency of a proposed surety company, may require
the surety company to provide additional information supported by documentation. The
County generally requires such information and documentation whenever the proposed surety
company has either a Best's Key Rating Guide of less than B+ or a financial size designation
of less than VIII. Provided, however, that the County expressly reserves its right to require all
information and documentation to which the County is legally entitled from any proposed
surety company.
NOTICE TO PROCEED: Following execution of the agreement by both parties (County and
Contractor), the County will issue a written Notice to Proceed for the project specified herein.
The completion period as defined below, shall commence upon the date that the Notice to
Proceed is delivered to the Contractor.
Proposal No. 962-5313 Page 23
SCOPE OF WORK
The County of Fresno on behalf of the Department of Probation is requesting proposals from
qualified vendors to:
I. Provide two adults to supervise each CSWP work crew of up to 13 juveniles.
A. Required skills and abilities for staff that supervise juveniles include:
1. Ability to establish rapport with persons of differing ethnic and socio-economic
backgrounds; ·
2. Good oral and written communication skills;
3. Ability to maintain visual and auditory observance of juveniles' behavior;
4. Ability to work in a frequently hostile, unpredictable, and unpleasant environment;
5. Ability to keenly observe and provide detailed and accurate descriptions of
observations;
6. Ability to firmly enforce rules and regulations;
7. Ability to adapt quickly and effectively to emergency situations; and
8. A high degree of maturity, integrity, emotional stability, and good judgment.
B. Minimum qualifications for staff that supervise juveniles are:
1. Education: Completion of sixty (60) units of academic college work from an accredited
college or university that is acceptable within the United States' college or university
system.
2. License: Possession of a valid class "B" Driver's License for operation of the 15
passenger van(s) employed by CONTRACTOR
3. Certificate: Possession of a valid First Aid and Cardiopulmonary Resuscitation (CPR)
certificate
4. Age: Must be 18 years of age.
5. Must successfully complete a Probation Department Vendor/Contractor background
check, including a DMV report, finger prints and current TB test.
C. Duties and responsibilities of CSWP supervision staff-this list is neither inclusive nor
exclusive, but indicative of expectations:
1. Follow CSWP policy and procedures (Exhibit A),
2. Enforce CSWP rules for all juveniles (Exhibit B),
3. Ensure vans, equipment, and tools are in proper working order,
4. Greet juveniles and sign them in when they arrive,
5. Provide brief orientation and expectations to juveniles after sign in,
6. Hold personal items not allowed on work crews until the end of the day,
7. Transport juveniles to work site,
8. Review work site, upon arrival, for unsafe conditions,
9. Provide direct supervision of juveniles from arrival until each is dismissed as
authorized by parent/guardian or delivered home by CONTRACTOR,
10. Report incidents to the Prob~tion Department Liaison, within the established
protocols,
11. Monitor weather conditions as the day progresses to ensure safety,
12. Transport work crew back to central meeting point,
13. Grade participation of each juvenile each work day, and
14. Complete reports required by CSWP Program.
D. Maintain Confidentiality and Comply with Reporting Requirements regarding juvenile
offenders and minors, including but not limited to:
1. Mandated Child Abuse Reporting, and
2. Confidentiality and release of information.
Proposal No. 962-5313 Page 24
II. Schedule work sites from a COUNTY approved Work Site list, employing scheduling
priorities established by Probation.
A. Sites may be added or deleted at any time by Probation.
B. Alternative Indoor work assignments may be provided by Probation if weather conditions
preclude outdoor work.
C. CONTRACTOR may suggest additional work sites which, if approved, will be added to
the Work Site List.
D. Any revenues CONTRACTOR collects as a result of CSWP work will be shown as
"CREDIT" on invoices to Probation.
Ill. Provide transportation for each work crew
A. CONTRACTOR must provide two 15 passenger vans.
1. Van(s) must have safety features that comply with the California Vehicle Code
and Cal OSHA.
2. Van(s) must be mechanically reliable and fueled sufficiently prior to the
beginning of each work day
B. CONTRACTOR shall pick up juveniles at a central meeting location approved by
COUNTY, and transport them to the work site.
C. CONTRACTOR shall transport juveniles back to the central meeting location approved
by COUNTY.
D. CONTRACTOR's van must remain on-site with each work crew.
E. CONTRACTOR shall ensure that all work crew supervisors meet California Vehicle
Code specialized license requirements of 15 passenger vans.
IV. Comply with all Cal OSHA requirements for ensuring safety of workers. Provide Safety
and Hygiene Equipment for each work crew, including:
A. One portable toilet,
B. Water and paper cups,
C. Portable shade structure adequate to provide shade for work crew during breaks,
D. First Aid Kit, and
E. Personal Protective Equipment, including gloves and brightly colored vests
V. Communicate with Probation and Report on CSWP Activities
A. Provide cell phones/radio access for CONTRACTOR's employees to allow direct
communication between work crew supervisors and Probation, parents, emergency
services.
B. Provide internet access to submit reports on attendance and grades for participants on
each work crew by the day following the scheduled work.
C. Submit all CSWP forms and digital reports to Probation on a timely basis, per
established procedure.
D. Provide a CSWP Activity Report for each month, by the 15th of the following month,
including measures, such as:
1. Number of juveniles reporting to CSWP
2. Number of no-shows
3. Number who were not allowed to accompany the work crew
4. Number successfully completing the work day
5. Number of disciplinary problems.
6. Number of injuries
7. Community service work days or hours performed by juveniles
8. Work Sites serviced
Proposal No. 962-5313
Fresno County Probation Department
CSWP for Juvenile Offenders
COUNTY Responsibilities:
Page 25
The Department's policies and procedures in regard to the Community Service Work Program
for juvenile offenders are found in Exhibit A. While the Probation Department has many CSWP
responsibilities outside the scope of this AGREEMENT, the COUNTY's responsibilities within
this AGREEMENT include:
1. Provide CONTRACTOR with list of juveniles on work crew according to timeline
specified in negotiated Agreement.
2. Provide CONTRACTOR with annual calendar of scheduled work crew days.
3. Inform CONTRACTOR if weather or other conditions that prohibit outdoor work are
known in advance.
4. Provide CONTRACTOR with Work Site List, priorities for scheduling sites and contact
information for each work site.
5. Provide Workers' Compensation Coverage for each juvenile participant-or ensure that
another agency provides such, if it is not a County owned work site.
6. Provide CONTRACTOR with up-to-date CSWP policies and procedures and, unless
pertaining to juvenile safety, provide any proposed changes to CONTRACTOR 15 days
in advance of implementation.
7. Provide CONTRACTOR with access to web-based reporting system.
Proposal No. 962-5313 Page 26
COST PROPOSAL
The following language will be included in the contract for these services:
"The contractor agrees to limit administrative cost to a maximum of 15% of the total
program budget and to limit employee benefits to a maximum of 20% of total salaries for
those employees working under this agreement during the term of this agreement. Failure
to conform to this provision will be grounds for contract termination at the option of the
County of Fresno."
All administrative, operating, and payroll expenses related to providing the services listed in the
Scope of Work must be included in this cost proposal. No other compensation will be paid to
the Contractor. Accounting for holidays, it is anticipated that work crews will be scheduled on
250 days each year.
The size of each day's "work crew" will be determined by:
Number of juveniles scheduled to work, and
Number of juveniles who arrive on the scheduled day
The Agreement will provide that regardless of the number of juveniles in each work crew,
Contractor will provide all services in the Scope of Work and County will compensate at the
contracted rate.
It is the COUNTY's intent to begin this program by scheduling one work crew each day from
Wednesday through Friday, and two work crews on Saturdays and Sundays. If there are
sufficient referrals to the program, the COUNTY may elect to schedule two work crews each day
from Wednesday through Sunday.
What is the annual cost of supervising and transporting one
work crew, each day, Wednesday through Sunday? $. ________ _
What is the annual cost of supervising and transporting a
second work crew each Saturday and Sunday? $ ________ _
What is the additional annual cost of supervising and transporting
the second Work crew, each day, Wednesday through Friday? $:...._ _______ _
If the contractor can provide supervision and transportation for more than two work crews, and
Probation has sufficient referrals, a third van may be added on weekends and/or school
holidays. (This question is for future reference only-a third van is NOT a requirement of
this RFP and your response will not be included in evaluation of proposals.)
Is the bidder able to provide services for a third work crew? [ ] Yes [ ] No
If so, what is the weekly cost of transporting and supervising a third work crew ...
Each day, from Wednesday through Friday?
Each Saturday and Sunday?
$ ______________ __
$ ______________ __
Proposal No. 962-5313 Page 27
PROPOSAL CONTENT REQUIREMENTS
It is important that the vendor submit his/her proposal in accordance with the format
and instructions provided under this section. Doing so will facilitate the evaluation of
the proposal. It will limit the possibility of a poor rating due to the omission or mis-
categorization of the requested information. Responding in the requested format will
enhance the evaluation team's item by item comparison of each proposal item. The
vendor's proposal may be placed at a disadvantage if submitted in a format other than
that identified below.
Bidders are requested to submit their proposals in a binder {one that allows for easy removal
of pages) with index tabs separating the sections identified. Each page should be numbered.
Each binder is to be clearly marked on the cover with the proposal name, number,
closing date, "Original" or "Copy", and bidder's name.
Merely offering to meet the specifications is insufficient and will not be accepted. Each bidder
shall submit a complete proposal with all information requested. Supportive material may be
attached as appendices. All pages, including the appendices, must be numbered.
Vendors are instructed not to submit confidential, proprietary and related information
within the request for proposal. If you are submitting trade secrets, it must be
submitted in a separate binder clearly marked "TRADE SECRETS", see Trade Secret
Acknowledgement section.
The content and sequence of the proposals will be as follows:
I. RFP PAGE 1 AND ADDENDUM(S) PAGE 1 (IF APPLICABLE) completed and signed
by participating individual or agency.
II. COVER LETTER: A one-page cover letter and introduction including the company
name and address of the bidder and the name, address and telephone number of the
person or persons to be used for contact and who will be authorized to make
representations for the bidder.
A. Whether the bidder is an individual, partnership or corporation shall also be stated.
It will be signed by the individual, partner, or an officer or agent of the corporation
authorized to bind the corporation, depending upon the legal nature of the bidder.
A corporation submitting a proposal may be required before the contract is finally
awarded to furnish a certificate as to its corporate existence, and satisfactory
evidence as to the officer or officers authorized to execute the contract on behalf of
the corporation.
Ill. TABLE OF CONTENTS
IV. CONFLICT OF INTEREST STATEMENT: The Contractor may become involved in
situations where conflict of interest could occur due to individual or organizational
activities that occur within the County. In this section the bidder should address the
potential, if any, for conflict of interest and indicate plans, if applicable, to address
potential conflict of interest. This section will be reviewed by County Counsel for
compliance with conflict of interest as part of the review process. The Contractor shall
Proposal No. 962-5313
comply with all federal, state and local conflict of interest laws, statutes and
regulations.
V. TRADE SECRET:
A. Sign where required.
VI. CERTIFICATION-DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS
VII. REFERENCES
VIII. PARTICIPATION
Page 28
IX. EXCEPTIONS: This portion of the proposal will note any exceptions to the
requirements and conditions taken by the bidder. If exceptions are not noted, the
County will assume that the bidder's proposals meet those requirements. The
exceptions shall be noted as follows:
A. Exceptions to General Conditions.
B. Exceptions to General Requirements.
C. Exceptions to Specific Terms and Conditions.
D. Exceptions to Scope of Work.
E. Exceptions to Proposal Content Requirements.
F. Exceptions to any other part of this RFP.
X. VENDOR COMPANY DATA: This section should include:
A. A narrative which demonstrates the vendor's basic familiarity or experience with
problems associated with this service/project.
B. Descriptions of any similar or related contracts under which the bidder has
provided services.
C. Descriptions of the qualifications of the individual{s) providing the services.
D. Any material {including letters of support or endorsement) indicative of the bidder's
capability.
E. A brief description of the bidder's current operations, and ability to provide the
services.
F. Copies of the audited Financial Statements for the last three {3) years for the
agency or program that will be providing the service(s) proposed. If audited
statements are not available, complied or reviewed statements will be accepted
with copies of three years of corresponding federal tax returns. This information is
to be provided after the RFP closes, if requested. Do not provide with your
proposal.
Proposal No. 962-5313 Page 29
G. Describe all contracts that have been terminated before completion within the last
five (5) years:
1. Agency contract with
2. Date of original contract
3. Reason for termination
4. Contact person and telephone number for agency
H. Describe alllawsuit(s) or legal action(s) that are currently pending; and any
lawsuit(s) or legal action(s) that have been resolved within the last five (5) years:
1. Location filed, name of court and docket number
2. Nature of the lawsuit or legal action
I. Describe any payment problems that you have had with the County within the past
three (3) years:
1. Funding source
2. Date(s) and amount(s)
3. Resolution
4. Impact to financial viability of organization.
XI. SCOPE OF WORK:
A. Bidders are to use this section to describe the essence of their proposal.
B. This section should be formatted as follows:
1. A general discussion of your understanding of the project, the Scope of Work
proposed and a summary of the features of your proposal.
2. A detailed description of your proposal as it relates to each item listed under
the "Scope of Work" section of this RFP. Bidder's response should be stated in
the same order as are the "Scope of Work" items. Each description should
begin with a restatement of the "Scope of Work" item that it is addressing.
Bidders must explain their approach and method of satisfying each of the listed
items.
C. When reports or other documentation are to be a part of the proposal a sample of
each must be submitted. Reports should be referenced in this section and
submitted in a separate section entitled "REPORTS."
D. A complete description of any alternative solutions or approaches to accomplishing
the desired results.
XII. COST PROPOSAL: Quotations may be prepared in any manner to best demonstrate
the worthiness of your proposal. Include details and rates/fees for all services,
materials, equipment, etc. to be provided or optional under the proposal.
XIII. CHECK LIST
Proposal No. 962-5313 Page 30
AWARD CRITERIA
CAPABILITY, QUALIFICATIONS AND MANAGEMENT PLAN -50 percent
A. Is the organizational plan and management structure adequate and appropriate for
overseeing the proposed services?
B. Do the service descriptions address all the areas identified in the RFP? Will the
proposed services satisfy County's needs and to what degree?
C. Does the bidder demonstrate awareness of the problems associated with providing the
proposed services and knowledge of laws, regulations, and effective operating
principles required to provide this service?
D. What is the bidder's experience in providing the specified services?
1. Experience collaborating with other agencies?
2. Experience transporting juveniles?
3. Experience supervising at-risk and delinquent juveniles?
4. Experience collecting and reporting data?
5. Experience contracting with a California County?
E. Does the bidder demonstrate capability to provide services despite barriers such as
mechanical problems, employee illness, and vacation time?
COST -50 percent
A. Annual Rate one crew, each day, Wednesday through Sunday.
B. Annual Rate for second crew each Saturday and Sunday.
C. Annual Rate for second crew, each day, Wednesday through Friday.
Proposal No. 962-5313 Page 31
CHECKLIST
This Checklist is provided to assist vendors in the preparation of their RFP response.
Included in this list, are important requirements and is the responsibility of the bidder to
submit with the RFP package in order to make the RFP compliant. Because this checklist is
just a guideline, the bidder must read and comply with the RFP in its entirety.
Check off each of the following:
1. The Request for Proposal (RFP) has been signed and completed.
2. Addenda, if any, have been completed, signed and included in the bid package.
3. One (1) original plus five (5) copies of the RFP have been provided.
4. The completed Trade Secret Form as provided with this RFP (Confidential/Trade
Secret Information, if provided must be in a separate binder).
5. The completed Criminal History Disclosure Form as provided with this RFP.
6. The completed Participation Form as provided with this RFP.
7. The completed Reference List as provided with this RFP.
8. Indicate all of bidder exceptions to the County's requirements, conditions and
specifications as stated within this RFP.
9. Lastly, on the LOWER LEFT HAND CORNER of the sealed envelope, box, etc.
transmitting your bid include the following information:
County of Fresno RFP No. 962-5313
Closing Date: December 22 1 2014
Closing Time: 2:00P.M.
Commodity or Service: Juvenile Community Service Work Program
(CSWP}
Return Checklist with your RFP response.
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Proposal No. 962-5313 Page 32
EXHIBIT A
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Proposal No. 962-5313
Fresno County Probation Department
CSWP Policies and Procedures
Page 33
Policies and Procedures applying to the CSWP CONTRACTOR are outlined below. References
to "Probation" refer to the Deputy Probation Officer or Probation Services Manager responsible
forCSWP.
A. Probation takes care not to assign inappropriate juveniles to CSWP, however, Probation
must be notified if CONTRACTOR becomes aware that a juvenile assigned to a work
crew:
1. Is pregnant
2. Has a chronic, serious medical problem
3. Has had a recent injury, surgery, or is wearing a cast
4. Is on psychotropic medication
B. CONTRACTOR's compliance -each employee working with the CSWP program in any
capacity is responsible to advise Probation of:
1. Any noncompliance by CONTRACTOR's staff in regard to the CSWP rules,
regulations, guidelines or contract,
2. Any illegal/unethical activity by CONTRACTOR's staff
3. Any issues that affect the smooth running of the CSWP program
c. Supervision of Juveniles -Each CSWP staff member is responsible for the supervision
of all juveniles assigned to the work crew from the time they arrive at the designated
reporting location until each juvenile has been dismissed according to parental
instructions or delivered home by CONTRACTOR. CONTRACTOR's employees
assigned to supervise CSWP work crews must fulfill all responsibilities included in the
Scope of Work. In addition, the following specific duties are to be performed:
1. In advance of each CSWP work day, CSWP Supervisors shall:
a. Have clear directions on the location of the work site and the type of work to be done
b. Have pens and a clip board with the day's work crew roster, incident reports and
grading sheets
c. Ensure that the van is fueled, clean, and stocked with cups, water, safety equipment
and tools
d. Ensure that the portable toilet is clean and stocked with supplies
e. Hitch the portable toilet to the van, and prepare for departure
2. To begin each CSWP work day, CSWP Supervisors shall:
a. Record attendance of the work crew between 7:15a.m. and 7:30a.m.
(1) Juveniles arriving late to the original meeting site will be allowed to work
providing there is room in the vehicle to transport them and the vehicle has not
left.
(2) If a minor arrives late and the work crew vehicle has left, he/she will be shown on
the roster as not present and the guardian notified.
b. Review CSWP rules and work expectations and consequences, including behavior
levels, disciplinary and grading system with the minors before they leave for the work
site.
c. Ensure that juveniles are dressed in accordance with program guidelines and
appropriately for weather conditions.
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Proposal No. 962-5313 Page 34
d. Collect any items that are not allowed on work crews.
(1) Confiscate any illegal contraband, such as weapons, drugs or drug
paraphernalia. Call law enforcement. Juvenile will not be allowed to accompany
work crew.
(2) Take possession of any personal items and store them in the van until dismissal
of the work crew.
e. Take a count of juveniles before leaving the parking lot of the designated reporting
location.
f. Make every effort to leave for the job site no later than 8:00a.m.
3. At the CSWP work site, Supervisors shall:
a. Upon arrival at the work site, inspect for hazards to ensure safety of work crew and
staff.
b. Ensure that the van is unloaded of all passengers and tools. The van should be
locked, and remain secured/locked, unless in use to transport the work crew.
c. Confirm the count of work crew members at random during the day, during each
break and before departing the job site at the end of the day.
d. Have juveniles sign in at lunch time.
e. Maintain constant visual supervision of juveniles in the work crew. Staff should be
positioned close enough to maintain control and be able to respond appropriately to
emergency situations.
f. Complete an incident report for every injury or accident by the end of the day on
which the incident occurred.
4. At the end of each CSWP work day. Supervisors shall:
a. Rate the performance of each juvenile according to the following grading structure,
and submit a record of the grades earned:
E = Exceptional work performance on the work crew. (For every four days that
this grade is earned, a minor will receive one day of credit at the end of
his/her commitment.)
S+ = Above average performance and effort on the work crew.
S = Satisfactory performance on the work crew.
S-= Below average performance on the work crew or the minor committed as
minor rule violation. (Receiving this grade may result in a warning
regarding future performance or TERMINATION from the program.)
N/C = (No Credit). This grade is given for unacceptable performance and/or
major rule violations. If a minor receives this grade, he/she shall be
dropped from the program. The reason the minor received the N/C must
be documented on an incident report.
b. Submit attendance of work crew, work site visited and work accomplished, individual
grades and any incident reports to the website provided by Probation
c. If a juvenile is not picked up at the designated reporting location, CSWP staff will
make attempts to contact the parent/guardian or one of the persons designated on
the juvenile's emergency contact list. If transportation cannot be arranged, CSWP
staff will take the juvenile home and write an incident report.
5. CSWP Supervisors shall not, at any time:
a. Leave juveniles unsupervised.
b. Allow participation in "horseplay," wrestling, arm wrestling, or "shadow boxing" by
any juvenile or CSWP employee.
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Proposal No. 962-5313 Page 35
c. Chase a juvenile.
6. ~hysi~al Contact -Staff should not have cause to come into physical contact with any
Juvemle unless rendering first aid, using minimal force to break up a fight, or defending
themselves from attack.
7. Physical Force-Situations may arise where it will be necessary for a CSWP staff
member to use force against a minor on the program. This will only be done to protect
the physical safety of staff and others, or to prevent serious damage to property. If force
is required, it must be applied at the minimal level required restore order and ensure
safety.
8. Juvenile Noncompliance --If a juvenile refuses to comply with directions of the staff, an
Incident Report will be submitted. If noncompliance involves a serious law violation; i.e.,
assault, CSWP staff shall call the appropriate law enforcement agency.
9. Juvenile Runaway-If a juvenile leaves a worksite without permission, there will be no
chase. The parent/guardian will be notified immediately that the juvenile has left the
worksite. Probation shall be notified by telephone, and an incident report written.
D. CSWP Medical Procedures
1. CSWP staff members are responsible for the physical safety of the juveniles and will
provide or obtain needed medical treatment for illnesses and injuries which occur to
them while on the program. All work-related injuries to juveniles are to be reported as
on-the-job injuries covered under the COUNTY's Worker's Compensation insurance.
Probation shall be contacted immediately. By the end of the day or as soon as feasible,
all appropriate reports are to be completed.
a. In case of serious medical injury, one supervisor should begin administering first aid
while the other makes three calls, in this order:
(1) 9-1-1 for paramedic assistance
(2) Parent/Guardian/Emergency Designee to notify the family of the juvenile's
injury/illness and transportation by ambulance for medical care
(3) Probation
b. When a less serious injury that requires immediate attention occurs at the work site,
CSWP staff will contact the Parent/Guardian/Emergency Designee to have the
juvenile picked up. The family will be informed that Fresno County's Workers'
Compensation program will cover medical care at designated providers. Workers'
Compensation information will be sent with the juvenile.
c. If a juvenile complains of an illness or injury that is not apparent to the CSWP
supervisor, the Parent/Guardian/Emergency Designee should be contacted and
directed to pick up the juvenile. If the parent believes that the illness/injury is work-
related, they should be informed of and given information on Fresno County's
Workers' Compensation program.
d. If the appropriate person cannot be contacted and the injury requires immediate
medical attention, but does not require paramedic response, the CSWP supervisors
should transport the work crew to the hospital with the injured party. CSWP
Contractor shall then determine whether to return to the work site to finish the day or
to the designated meeting location for dismissal of the work crew.
2. If a staff person becomes sick or is injured on the job, the CONTRACTOR should be
contacted to notify CONTRACTOR's Worker's Compensation carrier. CONTRACTOR
shall make every attempt to send a qualified substitute supervisor to complete the work
day.
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Proposal No. 962-5313
E. Breaks-
1. Juvenile work crew members receive 10 minute breaks throughout the day,
beginning one hour after arriving at the work site, and continuing every hour
thereafter.
Page 36
2. Lunch time will be determined by the shift leader, and a 30 minute lunch break will
be taken.
3. Neither juveniles nor staff may visit any grocery/convenience store, fast food
establishment or other eatery at any time during the workday.
F. Weather and Sun Protection-When the forecast for the day indicates a dangerously
high temperature, or when the temperature climbs unexpectedly, CONTRACTOR shall
comply with all Cal OSHA requirements. At minimum, the following will be put into
effect:
1. Juveniles will be informed of the signs of heat exhaustion.
2. Juveniles will receive water breaks at least hourly and there shall be no limit on
water consumption. Fruit snacks will be allowed at the first break, if brought by
juveniles.
3. Juveniles will be reminded to wear hats and use sun-screen.
4. If heavy manual labor is scheduled, the CSWP supervisor will select a less
demanding worksite or level of work expectancy, or the Probation Department may
schedule an indoor service opportunity.
5. Upon arrival at the work site, shade structure will be erected.
6. CSWP staff are to be alert to signs of heat exhaustion throughout the day.
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EXHIBIT B
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Proposal No. 962-5313
Fresno County Probation Department
CSWP Work Crew Rules
Page 38
CSWP work days are scheduled from 7:15AM to 3 PM. Work crew members meet at the
designated location at 7:15AM. Work should begin by 8 AM. Rules for juveniles on work
crews include, but are not limited to:
A. Arrive at the work crew's meeting location on time and sober. Juveniles arriving late to
the original meeting site will be allowed to work providing there is room in the vehicle to
transport them and the vehicle has not left. If a juvenile arrives late and the van has left,
he/she will be shown on the roster as not present and the parent or guardian notified.
B. Bring a sack lunch (no glass containers allowed)
C. Obey all instructions and directives of the CSWP staff
D. Clothing
1. You must wear clothes that are suitable and appropriate for the time of year and
weather, including:
a. Shirts or blouses with sleeves
b. Long pants-belted at the waist. not at the hipline
c. Close-toed shoes, which must be worn at all times. Boots or tennis shoes are
preferred.
d. Headwear is limited to a plain baseball-type cap or hat with forehead and neck
protection. Caps/hats may not have a logo or any type of writing, may not be red
or blue and may not show a gang affiliation.
e. Glasses-if corrective lenses have been prescribed, they should be worn.
2. You may NOT wear:
a. Sleeveless shirts, including halter tops, tube tops, or tank tops
b. Shorts, capris or cutoffs
c. Excessively baggy pants
d. Sandals, slip-on shoes, zoris, flip-flops
e. Jewelry
f. Clothing with large tears, or tears that expose underwear
g. Clothing with logos or writing (including sports teams)
h. Clothing associated with gang membership or drugs (for example, red or blue
shoelaces or belts)
i. Sunglasses (even with prescription lenses)
E. Illegal Contraband --If you bring any of these items, law enforcement will be called and
you will not be allowed to accompany the work crew:
1. Weapon of any type
2. Drug, or drug paraphernalia
3. Anything that is illegal to possess
F. Personal items-$5.00 in cash is allowed for making a telephone call and paying bus
fare home, but items such as purses, make-up, combs, keys, water bottles and digital
equipment (cell phones, 1-pods, etc.) are not allowed on CSWP work crews.
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Proposal No. 962-5313 Page 39
1. Personal articles that are not deemed dangerous and/or in violation of Probation will
be collected, held by the CSWP Supervisor, and returned at the end of the day.
2. Some personal items, including, but not limited to tobacco, lighters, and sharpies will
not be returned to you.
G. Any medications, including inhalers, must be turned over to CSWP staff for transport and
use in case of medical necessity. Except those prescribed to be taken at lunch time,
daily medications should be administered prior to reporting to the CSWP program.
H. Each work crew member is required to:
1. Wear seatbelts while the van is moving
2. Wear safety vest at all times during the work day
3. Work to the best of your ability until you are given permission to stop by the CSWP
supervisor
4. Sign in with CSWP staff at lunchtime.
5. Remain at the work site unless given permission to leave by CSWP supervisory staff
I. No work crew member is allowed to:
1. Use profanity or make any racial, sexual or abusive remarks to staff or the other work
crew members.
2. Touch anyone or make profane gestures toward anyone while on the work program.
3. Sit, stand or be in the area of the vehicles unless accompanied by a staff person.
4. Share food with another person.
5. Mark on or, in any other way, damage the vehicles
6. Mark on or, in any other way, damage property at CSWP work sites
7. Enter any place of business, including gas stations, grocery/convenience stores, fast
food establishments
8. Keep anything found at the work site. All found items are to be turned over to the
CSWP supervisor.
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COUNTY OF FRESNO
ADDENDUM NUMBER: ONE (1)
RFP NUMBER: 962-5313
JUVENILE COMMUNITY SERVICE WORK PROGRAM
(CSWP)
December 12,2014
PURCHASING USE G:\PUBLIC\RFP\FY 2014-151962-5313 JUVENILE COMM SVC
hrs WORK PROGRAM\962-5313 ADD 1.DOC
IMPORTANT: SUBMIT PROPOSAL IN SEALED PACKAGE WITH PROPOSAL NUMBER, CLOSING DATE AND BUYER'S NAME
MARKED CLEARLY ON THE OUTSIDE TO:
COUNTY OF FRESNO, Purchasing
4525 EAST HAMILTON AVENUE, 2nd Floor
FRESNO, CA 93702-4599
!CLOSING DATE OF PROPOSAL WILL BE AT 2:00P.M., ON DECEMBER 22, 2014J
PROPOSALS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M.
All proposal information will be available for review after contract award.
Clarification of specifications is to be directed to: Carolyn Flores, phone (559) 600-7110,
e-mail Coun Purchasin co.fresno.ca.us FAX 559 600-7126.
NOTE THE FOLl-OWING AND ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE
REQUIREMENTS OF REQUEST FOR PROPOSAL NUMBER: 962-5313 AND INCLUDE THEM IN YOUR
RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR PROPOSAL.
~ Delete the Cost Proposal page included in the original Request for Proposal Number 962-5313 and
replace it with the attached "Revised Cost Proposal" page.
ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE (1l TO REP 962-5313
COMPANY NAME:
(PRINT)
SIGNATURE:
NAME & TITLE:
(PRINT)
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ADDENDUM NO. One (1)
REQUEST FOR PROPOSAL NUMBER: 962-5313
December 15, 2014
QUESTIONS AND ANSWERS
Q1. Is there an incumbent, or is this a new program?
A 1. There is no incumbent; this is a fresh start up.
Q2. How does the 15% administrative overhead cap apply to for-profit
organizations? Is profit allowed above the 15% admin fee?
A2. This does not apply to "for profit" organizations.
Q3. Is there a cap on the cost proposal?
A3. No. We will review cost proposals and consider available funding.
Q4. What are the staffing requirements?
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A4. Each work crew is required to have two supervisors, so with each van, two staff
members must be added.
Q5. The RFP mentions "2 to 13" in a work crew. What do you anticipate the work
crew size will be?
AS. We intend to assign 13 juveniles to each work crew. Because we cannot guarantee
that all of them will report for work, we don't know how many will be in each day's
crew. The bidder will have the same expense for the van and for the staff regardless
of the number of juveniles in the crew, so the County will pay the contracted rate of
compensation.
Q6. Are the work contracts developed by the County, or would the vendor create
them?
A6. The County will provide the vendor with a list of organizations and locations for which
work will be done. The vendor is responsible for scheduling work days with the
organizations on the list. Vendors may recommend additional work sites for review
and approval by the County.
Q7. What if there is no bidder selected?
A 7. The County will look at all options if that occurs.
Q8. What is the start of the contract?
AB. We would like to begin the program within 30 days of contract execution, but this will
be determined in contract negotiations.
Q9. What is the length of the contract? 1 year, 2 years, etc?
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ADDENDUM NO. One (1)
REQUEST FOR PROPOSAL NUMBER: 962-5313
December 15, 2014
Page 3
A9. The recommended contract will be for a period of three years, with two potential
renewals, for a total of five years.
Q10. Does it matter if vans are leased or owned?
A 10. That is left up to the vendor. The County's requirement is that vans hold 15
passengers and meet safety standards.
Q11. Describe the actual day work schedule for the work crew staff--Sam to 5pm or ?
A 11. Work crew supervisors need to be at the meeting site by 7:15AM and release the
youth by 3:00 PM each day. If a juvenile is not picked up or transportation cannot be
arranged according to the permissions given by parent/guardian, work crew staff will
return the juvenile to his/her home. Thus, some work days may not end until
approximately 4 PM.
Q12. Are contractors responsible for "ensuring vans, equipment, and tools are in
proper working order"?
A12. Yes.
Q12a.
A12a.
Q12b.
A12b.
Q12c.
A12c.
Does this include purchasing and maintenance of equipment? Who is
responsible in fixing and maintaining?
The Contractor is responsible for obtaining (purchasing or leasing)
equipment, as well as fixing and maintaining it.
What equipment is needed?
15 passenger van and portable toilet for each work crew.
What tools are needed?
Hoes, rakes, shovels, hula-hoes, and large garbage bags.
Q13. Can the driver have the Class 8 License and the other staff person "Case
Worker" have the 60 academic units?
A 13. Both CSWP Supervisors are required have the Class B license and required units.
Q14. Would a sample list of worksites be available?
A 14. County parks and other facilities will be on the list. County landfill sites may be
included. Municipal parks and sites may a/so be included.
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ADDENDUM NO. One (1)
REQUEST FOR PROPOSAL NUMBER: 962-5313
December 15, 2014
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Q15. Is there additional safety gear that is needed outside of "personal protective
equipment (such as? Goggles? Etc.), gloves and brightly colored vest?"
Other?
A 15. Safety vests and work gloves are required. Dust masks may be requested by youth
sensitive to dust, but since juveniles will not be using, or working near, power
equipment, goggles will not be required.
Q16. Is there a current provider?
A 16. No. See Question #1.
Q17. What is the estimated current budget?
A 17. There is no current budget. See Question #3.
Q18. Would you please clarify: "Any revenues CONTRACTOR collects as a result of
CSWP work will be shown as 'CREDIT' on invoices to Probation?"
A 18. We wish to leave open the possibility that the Contractor may recommend work sites
in addition to those on the County's list. Upon County approval, such work sites
would be added to the Work Site list. If revenues are collected as a result of work at
Contractor-recommended sites, any revenues received by Contractor would be
shown as a CREDIT on Contractor's invoices to County.
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ADDENDUM NO. One (1)
REQUEST FOR PROPOSAL NUMBER: 962-5313
December 15, 2014
PageS
REVISED COST PROPOSAL
The following language will be included in the contract for these services:
Any non-profit organization will have the following language included in the contract to
provide these services:
"The contractor agrees to limit administrative cost to a maximum of 15% of the total
program budget and to limit employee benefits to a maximum of 20% of total salaries
for those employees working under this agreement during the term of this
agreement. Failure to conform to this provision will be grounds for contract
termination at the option of the County of Fresno."
All administrative, operating, and payroll expenses related to providing the services listed in the
Scope of Work must be included in this cost proposal. No other compensation will be paid to the
Contractor. Accounting for holidays, it is anticipated that work crews will be scheduled on 250
days each year.
The size of each day's "work crew" will be determined by:
Number of juveniles scheduled to work, and
Number of juveniles who arrive on the scheduled day
The Agreement will provide that regardless of the number of juveniles in each work crew,
Contractor will provide all services in the Scope of Work and County will compensate at the
contracted rate.
It is the COUNTY's intent to begin this program by scheduling one work crew each day from
Wednesday through Friday, and two work crews on Saturdays and Sundays. If there are
sufficient referrals to the program, the COUNTY may elect to schedule two work crews each day
from Wednesday through Sunday.
What is the annual cost of supervising and transporting one
work crew, each day, Wednesday through Sunday?
What is the annual cost of supervising and transporting a
second work crew each Saturday and Sunday?
What is the additional annual cost of supervising and
transporting the second work crew, each day, Wednesday
through Friday?
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$ ______________ __
$ ________________ _
$ ________________ _
ADDENDUM NO. One (1)
REQUEST FOR PROPOSAL NUMBER: 962-5313
December 15, 2014
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If the contractor can provide supervision and transportation for more than two work crews, and
Probation has sufficient referrals, a third van may be added on weekends and/or school holidays.
(This question is for future reference only-a third van is NOT a requirement of this RFP
and your response will not be included in evaluation of proposals.)
Is the bidder able to provide services for a third work crew? [ 1 Yes [ 1 No
If so, what is the weekly cost of transporting and supervising a third work crew ...
Each day, from Wednesday through Friday?
Each Saturday and Sunday?
$ ________________ _
$ ______________ __
G:IPUBLIC\RFPIFY 2014-15\962-5313 JUVENILE COMM SVC WORK PROGRAM\962-5313 ADD 1.DOC