HomeMy WebLinkAboutAgreement A-17-296 with SCRAM.pdf
County Agreement with SCRAM of California, Inc., 2017
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AGREEMENT
THIS AGREEMENT is made and entered into this ___ day of June, 2017, by and
between the COUNTY OF FRESNO, a political subdivision of the State of California,
hereinafter referred to as “COUNTY”, and SCRAM of California, Inc., a corporation, whose
principal address is 516 W. Shaw Ave., Suite 200, Fresno, CA 93704, hereinafter referred to
as “CONTRACTOR”. COUNTY and CONTRACTOR are each a “Party” to this Agreement,
and together they are the “Parties” to this Agreement.
WITNESSETH
WHEREAS, the COUNTY currently operates an offender-paid, adult electronic
monitoring program (hereinafter “Probation’s EM Program”) for probationers chosen by the
COUNTY’S Probation Department (the “Probation Department” or “Probation”) as suitable for
participation in an electronic monitoring program (“Participants”); and
WHEREAS, COUNTY has need for the continued provision of electronic monitoring
services and equipment to Participants on Probation’s EM Program; and
WHEREAS, COUNTY issued Request for Quotation (RFQ) Number 17-062 and
Addendum Number One thereto, and CONTRACTOR responded to such RFQ and
Addendum; and
WHEREAS, the CONTRACTOR is qualified and willing to perform said services and
has offered to provide such services and equipment to Participants, charging a fee to each
Participant, according to their ability to pay, instead of charging COUNTY.
NOW, THEREFORE, in consideration of their mutual promises, covenants and
conditions, hereinafter set forth, the sufficiency of which is acknowledged, the Parties agree
as follows:
I. OBLIGATIONS OF CONTRACTOR
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A. General Description of Duties
CONTRACTOR shall provide Probation’s EM Program with electronic
monitoring services, administrative services, and related equipment as described herein. The
services and equipment shall be provided on a timely basis.
CONTRACTOR shall perform all services and fulfill all responsibilities for
Probation’s EM Program as defined in COUNTY’S RFQ Number 17-062 dated March 8, 2017,
including Addendum Number One to RFQ dated April 4, 2017 (together the “RFQ”, attached
hereto collectively as Exhibit A and incorporated herein by this reference) and
CONTRACTOR’S Response to COUNTY’S RFQ, dated April 19, 2017 (attached hereto as
Exhibit B and incorporated herein by this reference). A copy of the COUNTY’S RFQ and
CONTRACTOR’S Response to RFQ shall be retained and made available to CONTRACTOR
during the term of this Agreement by the COUNTY’S Probation Department Contract
Coordinator.
B. Electronic Monitoring Equipment and Services
1. CONTRACTOR shall install and remove all electronic monitoring
devices as required during the duration of this Agreement whether at the CONTRACTOR’S
local branch office, Participant’s home, or other sites as approved by the Probation
Department.
2. CONTRACTOR shall provide SCRAM House Arrest
Bracelet/Transmitter and Base Station RF electronic monitoring equipment and services as
determined by COUNTY’S Probation Department. CONTRACTOR may add or substitute
other electronic monitoring equipment provided prior written approval is obtained from the
Probation Department.
3. CONTRACTOR shall notify COUNTY of violation reports as
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provided herein.
4. CONTRACTOR shall provide 24 hour per day, seven days per
week, electronic monitoring of Probation’s EM Program Participants, as provided herein.
5. CONTRACTOR shall make available language translation services
to Participants on an as-needed basis.
6. The Parties hereto agree, and CONTRACTOR hereby
acknowledges, that with regard to the delivery of all services by CONTRACTOR under this
Agreement, time is of the essence.
C. Administrative Services
1. Written Statement of Rights
At the time Probation notifies CONTRACTOR a Participant is
eligible to participate in Probation’s EM Program, the CONTRACTOR shall furnish the
Participant with a written statement of his/her rights in regard to the program for which the
Participant has been approved, including: (a) the fact that the Participant cannot be denied
consideration for participation in the program because of an inability to pay; and (b) the fact
that if the Participant is unable to reach agreement with the CONTRACTOR regarding the
Participant’s ability to pay, the amount which is to be paid, or the manner and frequency with
which payment is to be made, that the matter shall be referred to the Superior Court to resolve
such differences.
2. Fees
(a) CONTRACTOR shall perform all administrative duties
necessary for: (1) the determination of the fee to be assessed each Participant; (2) the
Participant’s execution of an appropriate fee agreement; and (3) the CONTRACTOR’S
collection of such fees.
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(b) CONTRACTOR shall bill each individual Participant a
program fee pursuant to the fee schedule attached hereto as Exhibit C and incorporated
herein by reference. The amount of the program fee and the method and frequency of
payment shall be set forth in a written agreement, signed by the Participant, to participate in
Probation’s EM Program.
(c) The program fee actually charged a Participant in
Probation’s EM Program shall be determined according to his or her ability to pay. For
purposes of this Agreement, “ability to pay” shall have that meaning set forth in Penal Code
section 1208.2(e). No person shall be denied consideration for, or be removed from,
participation in Probation’s EM Program because of an inability to pay all or a portion of the
program fees. The Participant may, at any time during his participation in Probation’s EM
Program, request of CONTRACTOR that his or her program fee be modified or suspended on
the grounds of a change in circumstances with regard to that Participant’s ability to pay.
(d) If the Participant and the CONTRACTOR are unable to
come to an agreement regarding the Participant’s ability to pay, or the amount which is to be
paid, or the method or frequency with which payment is to be made, the CONTRACTOR shall
advise the appropriate court and the court shall then resolve the disagreement by determining
the Participant’s ability to pay, the amount which is to be paid, and the method and frequency
with which payment shall be made.
D. Record Keeping
1. CONTRACTOR shall be responsible for entering into its host
computer, as such information is provided by COUNTY, all required demographic, curfew and
system configuration data, date of termination data and all other data that is required for
monitoring the transmission data of each Participant sentenced to Probation’s EM Program.
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2. CONTRACTOR shall maintain census information on all
Participants for statistical compilation.
3. CONTRACTOR shall print a summary of all transmissions
received during the monitoring of each sentenced Participant upon the Participant’s
completion of his/her electronic monitoring term as ordered by the Courts.
4. CONTRACTOR shall retain and make available to COUNTY all
records required to be maintained under this Subsection I-D throughout the duration of this
Agreement, plus two additional years beyond the term of the Agreement for each Participant
under this Agreement.
5. CONTRACTOR shall document and maintain violation reports
(i.e., record of each Participant’s violation of Probation EM Program rules) and equipment
status information for each Participant for the duration of this Agreement.
E. Notification Policy
1. Once Participant has been enrolled in Probation’s EM Program
and is active on the monitor, CONTRACTOR shall notify Probation staff of the enrollment via
e-mail by 8:30 a.m. of the next COUNTY business day.
2. All violations, except absconds as defined in Section I-E. 3 herein
below, shall be reported to Probation staff by CONTRACTOR via phone between 8:00 a.m.
and 5:00 p.m. followed by e-mail. If the violation occurs after 5:00 p.m., CONTRACTOR shall
first notify Probation staff via phone between 8:00 and 8:30 a.m. the next COUNTY business
day, followed by e-mail notification.
3. All absconds (i.e., where the Participant has left the residence and
failed to return and remains out of contact) shall be reported to Probation staff by
CONTRACTOR via phone followed by e-mail within thirty (30) minutes of the violation,
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between the hours of 8:00 a.m. and 5:00 p.m. If the abscond occurs after 5:00 p.m.,
CONTRACTOR shall notify Probation staff via phone between 8:00 and 8:30 a.m. the next
COUNTY business day, followed by e-mail notification.
4. CONTRACTOR shall notify Probation staff of any changes to the
Participant’s schedule (in and out times) via a Schedule Adjustment report to be e-mailed to
Probation staff once per week for those Participants with changes. The Chief Probation
Officer or his/her designee and CONTRACTOR shall agree on a set weekday for this to occur.
CONTRACTOR may approve minor schedule changes, such as a leave to attend a dentist
appointment. More significant changes to the Participant’s schedule, such as a change to
his/her work schedule or increased hours away from the residence on a regular basis must be
pre-approved by Probation staff.
5. CONTRACTOR shall provide Probation staff via e-mail with a daily
Activity report for each Participant that includes, but may not be limited to, the following:
leaves, entries and tamper messages.
6. A brief overview of a Participant’s compliance status in Probation’s
EM Program shall be provided to Probation staff by CONTRACTOR on a monthly basis. This
report shall include, but not be limited to: current or past due with fee payments and bi-weekly
check-in attendance.
7. Any changes made to the Participant’s address, phone number, or
other contact information shall be e-mailed to Probation staff by 8:30 a.m. the next COUNTY
business day.
8. CONTRACTOR shall notify Probation via phone followed by e-mail
within one hour of a Participant being terminated from EM due to failure to pay fees and/or
failure to comply with EM Program rules.
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9. Once Participant has served his/her term, paid all fees due to
CONTRACTOR, and returned all electronic monitoring equipment, CONTRACTOR shall notify
Probation by e-mail by 8:30 a.m. the next COUNTY business day that Participant has
completed the Program.
10. Other notification procedures may be implemented by agreement
between the Chief Probation Officer or his/her designee and CONTRACTOR. In the event
CONTRACTOR’S e-mail system is temporarily inoperable, a fax notification shall be utilized
until the email system is operable again.
II. OBLIGATIONS OF COUNTY
A. Probation shall determine Participant eligibility for Probation’s EM
Program. Probation will notify CONTRACTOR of such determinations.
B. Probation shall obtain each Participant’s consent in writing to participate
in Probation’s EM Program and comply with the following rules:
1. The Participant shall remain within the interior premises of his or
her residence during the hours designated by Probation.
2. The Participant shall admit any person or agent designated by
Probation into his or her residence at any time for purposes of verifying the Participant’s
compliance with the conditions of his or her detention.
3. The Participant shall agree to the use of electronic monitoring or
supervising devices for the purpose of helping to verify his or her compliance with the rules
and regulations of the home detention program.
4. The Participant shall agree that Probation may, without further
order of the court, immediately retake the person into custody to serve the balance of his or
her sentence in custody should any of the following occur: (1) if the electronic monitoring or
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supervising devices are unable for any reason to properly perform their function at the
designated place of home detention, (2) if the Participant fails to remain within the place of
home detention, (3) if the Participant willfully fails to pay fees to CONTRACTOR as stipulated
in the fee agreement with CONTRACTOR, subsequent to the written notification of the
Participant that the payment has not been received and that return to custody may result, or
(4) if the Participant for any other reason no longer meets the established criteria for
participation in Probation’s EM Program.
Probation shall deliver to Participant and CONTRACTOR a copy of the
above described agreement, and Probation and CONTRACTOR shall retain a copy of such
agreement for their files.
C. The Probation Department shall be responsible for all liaison work with all
involved or related courts. CONTRACTOR agrees to assist the Probation Department as
necessary, to verify violations of Probation’s EM Program.
D. The Probation Department shall provide CONTRACTOR with necessary
demographic and curfew information for each Participant.
E. The Probation Department shall provide current phone number(s), e-mail
address(es) and fax number(s) to the CONTRACTOR for compliance with Section I-E
Notification Policy. In the event the Probation Department has a change in contact
information, Probation shall notify CONTRACTOR.
III. DAMAGE, THEFT, AND TAMPERING
CONTRACTOR shall be responsible for all damage, theft, tampering or misuse
of electronic monitoring equipment provided to Probation’s EM Program. CONTRACTOR
shall provide replacements, at no cost to COUNTY, in a timely manner for all electronic
monitoring equipment damaged, stolen, tampered with or misused.
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IV. TERM
The term of this Agreement shall be for a period of three (3) years, commencing
on July 1, 2017 through and including June 30, 2020. This Agreement may be extended for
two (2) additional consecutive twelve (12) month periods upon written approval of both parties
no later than thirty (30) days prior to the first day of the next twelve (12) month extension
period. The Chief Probation Officer or his or her designee is authorized to execute such
written approval on behalf of the COUNTY based on CONTRACTOR’S satisfactory
performance.
V. TERMINATION
A. Breach of Contract
The COUNTY may immediately suspend or terminate this Agreement in
whole or in part, where in the determination of the COUNTY there is:
(1) A failure to comply with any terms of this Agreement;
(2) A substantially incorrect or incomplete report submitted to the
COUNTY;
(3) Improperly performed service.
B. Evidence of Financial Non-Responsibility
The COUNTY may immediately terminate this Agreement at any time that
the CONTRACTOR fails to demonstrate evidence of financial responsibility by providing proof
of insurance coverage as delineated in Section IX of this Agreement.
C. Cause
Upon the discovery that CONTRACTOR is not in compliance pursuant to
Penal Code section 1203.016, the COUNTY shall give 60 days notice to CONTRACTOR that
the Agreement may be canceled if the specified deficiencies are not corrected. Shorter notice
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may be given or the Agreement may be cancelled without notice whenever a serious threat to
public safety is present because the CONTRACTOR has failed to comply with Penal Code
section 1203.016.
D. Without Cause
Under circumstances other than those set forth above, this Agreement
may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of
an intention to terminate.
VI. COMPENSATION
CONTRACTOR shall provide all equipment and services to Probation’s EM
Program at no cost to the COUNTY. CONTRACTOR agrees that each Participant is solely
liable for any and all fees of that Participant and that CONTRACTOR shall assess and bill for
said fees as outlined in Section I-C(2) hereinabove.
VII. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by CONTRACTOR
under this Agreement, it is mutually understood and agreed that CONTRACTOR, including
any and all of CONTRACTOR’S officers, agents, and employees will at all times be acting and
performing as an independent contractor, and shall act in an independent capacity and not as
an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
method by which CONTRACTOR shall perform its work and function. However, COUNTY
shall retain the right to administer this Agreement so as to verify that CONTRACTOR is
performing its obligations in accordance with the terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law
and the rules and regulations, if any, of governmental authorities having jurisdiction over
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matters the subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have
absolutely no right to employment rights and benefits available to COUNTY employees.
CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its
employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely
responsible and save COUNTY harmless from all matters relating to payment of
CONTRACTOR’S employees, including compliance with Social Security, withholding, and all
other regulations governing such matters. It is acknowledged that during the term of this
Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or
to this Agreement.
VIII. HOLD-HARMLESS
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
and 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.
IX. INSURANCE
Without limiting the COUNTY’S right to obtain indemnification from
CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full
force and effect the following insurance policies throughout the term of this Agreement:
A. Commercial General Liability
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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, fire
legal liability or any other liability insurance deemed necessary because of the nature of this
contract, to effectuate the purpose of Penal Code section 1203.016(j)(3)(B)(iii) & (iv).
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury
of not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five Hundred
Thousand Dollars ($500,000) per accident and for property damages of not less than Fifty
Thousand Dollars ($50,000), or such coverage with a combined single limit of Five Hundred
Thousand Dollars ($500,000). Coverage should include owned and non-owned vehicles used
in connection with this Agreement.
C. 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 the COUNTY, its officers,
agents and employees, shall be excess only and not contributing with insurance provided
under the 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.
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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 Probation Department,
Attention: Probation Administration Division Director, 3333 E. American Ave, Suite B, Fresno,
CA 93725, stating that such insurance coverages 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,
immediately 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.
X. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a
corporation (a for-profit or non-profit corporation) or if during the term of this agreement, the
CONTRACTOR changes its status to operate as a corporation.
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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 this agreement. 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 Self-Dealing Transaction
Disclosure Form (Exhibit D) and submitting it to the COUNTY prior to commencing with the
self-dealing transaction or immediately thereafter.
XI. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
XII. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement or their rights
or duties under this Agreement without the prior written consent of the other party.
XIII. AUDITS AND INSPECTIONS
The CONTRACTOR shall at any time during business hours, and as often as
the COUNTY may deem necessary, make available to the COUNTY for examination all of its
records and data with respect to the matters covered by this Agreement. The CONTRACTOR
shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all such
records and data necessary to ensure CONTRACTOR’S compliance with the terms of this
Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
CONTRACTOR shall be subject to the examination and audit of the Auditor General for a
period of three (3) years after final payment under this contract (Govt. Code section 8546.7).
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XIV. NOTICES
The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY: Chief Probation Officer
Fresno County Probation Department
3333 E. American Avenue, Suite B
Fresno, California, 93725
CONTRACTOR: President
SCRAM of California, Inc.
516 W. Shaw Ave, Suite 200
Fresno, CA 93704
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 service,
when deposited in the United States Mail, postage prepaid, addressed to such party.
XV. GOVERNING LAW
Venue for any action arising out of or relating to this Agreement shall only be in
Fresno County, California. The rights and obligations of the parties and all interpretation and
performance of this Agreement shall be governed in all respects by the laws of the State of
California.
XVI. CONFORMANCE WITH ALL APPLICABLE LAWS
CONTRACTOR shall provide the electronic monitoring equipment and services,
as described in this Agreement, in compliance with any applicable standards promulgated by
state correctional agencies and bodies, including but not limited to the Corrections Standards
Authority, and all statutory provisions and mandates, state and county, as appropriate and
applicable to the operation of offender-paid home detention programs and the supervision of
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sentenced offenders in a home detention program, including but not limited to Penal Code
sections 1203.016 and 1208.2.
XVII. SURVIVAL
The provisions of subsection I-D.4 and Sections III, VI, VIII, X, and XVI shall survive
any termination or expiration of this Agreement.
XVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CONTRACTOR
and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understandings of any nature whatsoever unless expressly included in this Agreement. In the
event of any inconsistency in interpreting the documents which constitute this Agreement, the
inconsistency shall be resolved by giving precedence in the following order of priority: (1) the
text of this Agreement (excluding Exhibits A and B); (2) Exhibit A; and (3) Exhibit B.
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 17-062
OFFENDER FUNDED ELECTRONIC MONITORING
Issue Date: March 8, 2017
Closing Date: APRIL 12, 2017
Quotation will be considered LATE when the official Purchasing time clock reads 2:01 P.M.
Questions must be submitted on the Bid Page at Public Purchase or contact Heather Stevens at phone
(559) 600-7110.
Check County of Fresno Purchasing’s website at
https://www2.co.fresno.ca.us/0440/Bids/BidsHome.aspx
for any future addenda.
Please submit all Quotations to:
County of Fresno – Purchasing
4525 E. Hamilton Avenue, 2nd Floor
Fresno, CA 93702-4599
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices and terms stated, subject to the attached
“County of Fresno Purchasing Standard Instructions And Conditions For Requests For Proposals (RFP’s) And Requests For Quotations (RFQ’s)”.
Except as noted on individual items, the following will apply to all items in the Quotation Schedule:
• A cash discount of % days will apply.
COMPANY
ADDRESS
CITY STATE ZIP CODE
( ) ( )
TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS
SIGNATURE (IN BLUE INK)
PRINT NAME TITLE
Purchasing Use: HS:st ORG/Requisition: 34300300 / 3431700308
EXHIBIT A
COUNTY OF FRESNO PURCHASING
STANDARD INSTRUCTIONS AND CONDITIONS FOR
REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)
Note: the reference to “bids” in the following paragraphs applies to RFP's and RFQ's
GENERAL CONDITIONS
By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid.
1. BID PREPARATION:
A) All prices and notations must be typed or written in ink. No erasures
permitted. Errors may be crossed out, initialed and corrections
printed in ink by person signing bid.
B) Brand Names: Brand names and numbers when given are for
reference. Equal items will be considered, provided the offer clearly
describes the article and how it differs from that specified. In the
absence of such information it shall be understood the offering is
exactly as specified.
C) State brand or make of each item. If bidding on other than
specified, state make, model and brand being bid and attach
supporting literature/specifications to the bid.
D) Bid on each item separately. Prices should be stated in units
specified herein. All applicable charges must be quoted; charges
on invoice not quoted herein will be disallowed.
E) Time of delivery is a part of the consideration and must be stated in
definite terms and must be adhered to. F.O.B. Point shall be
destination or freight charges must be stated.
F) All bids must be dated and signed with the firm’s name and by an
authorized officer or employee.
G) Unless otherwise noted, prices shall be firm for one hundred eighty
(180) days after closing date of bid.
2. SUBMITTING 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
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 RFP/RFQ, its
content, or any other issue concerning it, is prohibited unless
authorized by Purchasing. Violation of this clause, by the vendor
having unauthorized contact (verbally or in writing) with such other
County representatives, may constitute grounds for rejection by
Purchasing of the vendor’s quotation.
The above stated restriction on vendor contact with County
representatives shall apply until the County has awarded a
purchase order or contract to a vendor or vendors, except as
follows. First, in the event that a vendor initiates a formal protest
against the 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.
F) Public Contract Code Section 7028.15
Where the State of California requires a Contractor’s license, it is a
misdemeanor for any person to submit a bid unless specifically
exempted.
3. FAILURE TO BID:
A) If not bidding, return 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
(7.975%). 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.
EXHIBIT A
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 for Taxpayer Identification Number
and Certification 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 all-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 witnesses 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 List of 800 Hazardous
Substances”, published by the State Director of Industrial Relations. (See
Hazardous Substances Information and Training Act, California State
Labor Code Sections 6360 through 6399.7.)
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, without 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.
EXHIBIT A
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.
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 limited to, California Civil
Code, California Welfare and Institutions Code, Health and Safety Code,
California Code of Regulations, Code of Federal Regulations.
Vendor shall submit to County’s monitoring of said compliance.
Vendor may be a business associate of County, as that term is defined in
the “Privacy Rule” enacted by the Health Insurance Portability and
Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate,
vendor may use or disclose protected health information (“PHI”) to
perform functions, activities or services for or on behalf of County as
specified by the County, provided that such use or disclosure shall not
violate HIPAA and its implementing regulations. The uses and
disclosures if PHI may not be more expansive than those applicable to
County, as the “Covered Entity” under HIPAA’s Privacy Rule, except as
authorized for management, administrative or legal responsibilities of the
Business Associate.
Vendor shall not use or further disclose PHI other than as permitted or
required by the County, or as required by law without written notice to the
County.
Vendor shall ensure that any agent, including any subcontractor, to which
vendor provides PHI received from, or created or received by the vendor
on behalf of County, shall comply with the same restrictions and
conditions with respect to such information.
18. 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/RFQ. Appeals should be submitted to County of Fresno
Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702-4599 and in Word format to gcornuelle@co.fresno.ca.us. Appeals should
address only areas regarding RFP/RFQ contradictions, procurement
errors, quotation rating discrepancies, legality of procurement context,
conflict of interest, and inappropriate or unfair competitive procurement
grievance regarding the RFP/RFQ process.
Purchasing will provide a written response to the complainant within
seven (7) working days unless the complainant is notified more time is
required.
If the protesting bidder is not satisfied with the decision of Purchasing,
he/she shall have the right to appeal to the CAO within seven (7) working
days after Purchasing’s notification.
If the protesting bidder is not satisfied with CAO’s decision, the final
appeal is with the Board of Supervisors. Please contact Purchasing if the
appeal is going to the Board.
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 audit), 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. DATA SECURITY:
Individuals and/or agencies that enter into a contractual relationship with
the COUNTY for the purpose of providing services must employ
adequate controls and data security measures, both internally and
externally to ensure and protect the confidential information and/or data
provided to contractor by the COUNTY, preventing the potential loss,
misappropriation or inadvertent access, viewing, use or disclosure of
COUNTY data including sensitive or personal client information; abuse of
COUNTY resources; and/or disruption to COUNTY operations.
Individuals and/or agencies may not connect to or use COUNTY
networks/systems via personally owned mobile, wireless or handheld
devices unless authorized by COUNTY for telecommuting purposes and
provide a secure connection; up to date virus protection and mobile
devices must have the remote wipe feature enabled. Computers or
computer peripherals including mobile storage devices may not be used
(COUNTY or Contractor device) or brought in for use into the COUNTY’s
system(s) without prior authorization from COUNTY’s Chief Information
Officer and/or designee(s).
No storage of COUNTY’s private, confidential or sensitive data on any
hard-disk drive, portable storage device or remote storage installation
EXHIBIT A
unless encrypted according to advance encryption standards (AES of 128
bit or higher).
The COUNTY will immediately be notified of any violations, breaches or
potential breaches of security related to COUNTY’s confidential
information, data and/or data processing equipment which stores or
processes COUNTY data, internally or externally.
COUNTY shall provide oversight to Contractor’s response to all incidents
arising from a possible breach of security related to COUNTY’s
confidential client information. Contractor will be responsible to issue any
notification to affected individuals as required by law or as deemed
necessary by COUNTY in its sole discretion. Contractor will be
responsible for all costs incurred as a result of providing the required
notification.
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, 8:00 A.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* New Year's Day
Third Monday in January Martin Luther King, Jr.’s
Birthday
Third Monday in February Washington - Lincoln Day
March 31* Cesar Chavez’ Birthday
Last Monday in May Memorial Day
July 4* Independence Day
First Monday in September Labor Day
November 11* Veteran's Day
Fourth Thursday in
November
Thanksgiving Day
Friday following Thanksgiving
December 25* 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.
EXHIBIT A
TABLE OF CONTENTS
PAGE
KEY DATES .................................................................................................................... 3
BIDDING INSTRUCTIONS .............................................................................................. 4
PARTICIPATION ........................................................................................................... 10
REFERENCE LIST ........................................................................................................ 11
OVERVIEW ................................................................................................................... 12
SCOPE OF WORK ........................................................................................................ 14
REQUIREMENTS/RESPONSE SECTION .................................................................... 16
COST QUOTATION ...................................................................................................... 22
COST EVALUATION METHODOLOGY........................................................................ 23
QUOTATION SCHEDULE ............................................................................................. 24
CHECK LIST ................................................................................................................. 26
EXHIBITS ...................................................................................................................... 27
SAMPLE AGREEMENT ................................................................................................ 28
EXHIBIT A
KEY DATES
RFQ Issue Date: March 8, 2017
Vendor Conference: March 21, 2017 at 10:00 A.M.
Vendors are to contact Heather
Stevens at (559) 600-7110 if planning to
attend vendor conference.
County of Fresno Purchasing
4525 E. Hamilton Avenue, 2nd Floor
Fresno, CA 93702
Deadline for Written Requests for
Interpretations or Corrections of RFQ:
March 23, 2017 at 10:00 A.M.
Questions must be submitted on the Bid Page at
Public Purchase.
RFQ Closing Date: April 12, 2017 at 2:00 P.M.
County of Fresno Purchasing
4525 E. Hamilton Avenue, 2nd Floor
Fresno, CA 93702
EXHIBIT A
BIDDING INSTRUCTIONS
The County of Fresno is soliciting bids to establish an agreement under which the successful bidder will
provide offender-funded radio frequency (RF) electronic monitoring services to adults meeting the Fresno
County Probation Department’s Electronic Monitoring Program criteria.
LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID
PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise Preference do
not apply to this Request for Quotation.
DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer
to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is
identified on page one of this Request For Quotation (RFQ).
ISSUING AGENT: This RFQ has been issued by County of Fresno, Purchasing. Purchasing shall be the
vendor’s sole point of contact with regard to the RFQ, its content, and all issues concerning it.
INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications
and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services
required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or
has any doubt as to the true meaning or interpretation, correction thereof may be requested at the scheduled
Vendor Conference (see below). Any change in the RFQ 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 County Purchasing by March 23, 2017 at 10:00 A.M. Cut-Off.
Questions must be directed to the attention of the buyer identified on page one.
b. Such questions are submitted with the understanding that County can respond only to questions it
considers material in nature.
Questions must be submitted on the Bid Page at Public Purchase or contact Heather Stevens at (559) 600-
7110.
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.
AWARD: Award will be made to the vendor(s) offering the services, products, prices, delivery, equipment
and system deemed to be to the best advantage of the County. The County shall be the sole judge in
making such determination. Award Notices are tentative: Acceptance of an offer made in response to this
RFQ shall occur only upon execution of an agreement by both parties or issuance of a valid written Purchase
Order by Fresno County Purchasing.
RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive
informalities or irregularities in bids.
AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized
representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page,
along with his or her telephone number, and he or she should be the primary point of contact for discussions
or information pertaining to the RFQ. Contact with any other County representative, including elected
officials, for the purpose of discussing this RFQ, it content, or any other issue concerning it, is prohibited
unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact
(verbally or in writing) with such other County representatives, may constitute grounds for rejection by
Purchasing of the vendor’s quotation.
The above stated restriction on vendor contact with County representatives shall apply until the County has
awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a
vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or
EXHIBIT A
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 March 21, 2017at 10:00 A.M., a vendor's conference will be held in which
the scope of the project and quotation requirements will be explained. The meeting will be held at
the office of County of Fresno Purchasing, 4525 E. Hamilton Avenue (between Cedar and Maple), 2nd
Floor, Fresno, California. Minutes will be prepared and distributed to all bidders only if necessary to
clarify substantive items raised during the bidders' conference.
Bidders are to contact Heather Stevens at County of Fresno Purchasing, (559) 600-7110, if they are
planning to attend the conference.
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.
CODES AND REGULATIONS: All work and material to conform to all applicable state and local building
and other codes and regulations.
NUMBER OF COPIES: Submit one (1) original and three (3) copies of your quotation no later than the
quotation closing date and time as stated on the front of this document to County of Fresno Purchasing.
Each copy to be identical to the original, include all supporting documentation (e.g. literature, brochures,
reports, schedules etc.). The cover page of each quotation is to be appropriately marked “Original” or
“Copy”.
FIRM QUOTATION: All quotations shall remain firm for at least 180 days.
TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically identified in the
quotation it will be assumed that they are included in the total quoted.
SALES TAX: Fresno County pays California State Sales Tax in the amount of 7.975% regardless of
vendor's place of doing business.
TAXES, PERMITS & FEES: The successful bidder shall pay for and include all federal, state and local taxes
direct or indirect upon all materials; pay all fees for, and obtain all necessary permits and licenses, unless
otherwise specified herein.
SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and
style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully
describes items that you are bidding.
No exceptions to or deviations from this specification will be considered unless each exception or deviation is
specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown, the
bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with
this specification is the responsibility of the bidder.
LITERATURE: Bidders shall submit literature, which fully describes items on which they are bidding, not
later than the closing date of this bid. Any and all literature submitted must be stamped with bidders name
and address.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any
merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the
County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and
workmanship and guarantee against breakage and other malfunctions when performing work for which they
are designed.
EXHIBIT A
VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist
County departments in determining their product requirements.
MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed
terms, conditions and requirements with the selected vendor.
QUOTATION REJECTION: Failure to respond to all questions or not to supply the requested information
could result in rejection of your quotation.
BIDDERS’ LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in
responding to the RFQ.
PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services
and activities offered in the quotation, whether or not they are provided directly. Further, the County of
Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters,
including payment of any and all charges resulting from the contract. The contractor may not subcontract or
transfer the contract, or any right or obligation arising out of the contract, without first having obtained the
express written consent of the County.
PRICES: Bidder agrees that prices quoted are for the contract period, and in the event of a price decline
such lower prices shall be extended to the County of Fresno. Prices shall be quoted F.O.B. destination.
CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business
practices and safeguard confidential data which vendor staff may have access to in the course of system
implementation.
NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third
party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno.
BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each
proposer/bidder which may include collection of appropriate criminal history information, contractual and
business associations and practices, employment histories and reputation in the business community. By
submitting a quotation/bid to the County, the vendor consents to such an inquiry and agrees to make
available to the County such books and records the County deems necessary to conduct the inquiry.
EXCEPTIONS: Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ
with which you CAN NOT or WILL NOT comply.
ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided
to all agencies and organizations that receive the basic RFQ.
SUBCONTRACTORS: If a subcontractor is proposed, complete identification of the subcontractor and his
tasks shall be provided. The primary contractor is not relieved of any responsibility by virtue of using a
subcontractor.
CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation
submitted by the persons or entities specified below, unless the Board of Supervisors finds that special
circumstances exist which justify the approval of such contract:
1. Employees of the County or public agencies for which the Board of Supervisors is the governing
body.
2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers,
principals, partners or major shareholders.
3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of
Subsection (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.
EXHIBIT A
4. Profit-making firms or businesses in which the former employees described in Subsection (3) serve
as officers, principals, partners or major shareholders.
5. No County employee whose position in the County enables him to influence the selection of a
contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such
employee, shall be employees in any capacity by a bidder, or have any other direct or indirect
financial interest in the selection of a contractor.
CONTRACT TERM: It is County’s intent to contract with the successful bidder for a term of three (3)
years.
RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based on the mutual
written consent of all parties.
QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no
minimum amount. The County reserves the right to increase or decrease quantities.
ORDERING: Orders will be placed as required by County of Fresno Probation Department.
TERMINATION: The County reserves the right to terminate any resulting contract upon written notice.
INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by
Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR,
including any and all of Contractor’s officers, agents, and employees will at all times be acting and
performing as an independent contractor, and shall act in an independent capacity and not as an officer,
agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, County shall
have no right to control or supervise or direct the manner or method by which Contractor shall perform its
work and function. However, County shall retain the right to administer this Agreement so as to verify that
Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and
County shall comply with all applicable provisions of law and the rules and regulations, if any, of
governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment
rights and benefits available to County employees. Contractor shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor
shall be solely responsible and save County harmless from all matters relating to payment of Contractor's
employees, including compliance with Social Security, withholding, and all other regulations governing such
matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to
others unrelated to the County or to the Agreement.
SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation
(a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status
to operate as a corporation, members of the Contractor’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while Contractor is providing goods or performing services under the
agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a
party and in which one or more of its directors has a material financial interest. Members of the Board of
Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to
commencing with the self-dealing transaction or immediately thereafter.
HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request,
defend the County, its officers, agents and employees, from any and all costs and expenses, 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.
EXHIBIT A
INSPECTION: All material and workmanship shall be subject to inspection, examination and test by the
County at any and all times during which manufacture and/or construction are carried on. The County shall
have the right to reject defective material and workmanship or require its correction.
SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and
diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and
compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features
or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent.
STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner.
SAFEGUARDS: The contractor shall provide safeguards, in conformity with all local codes and ordinances
as may be required.
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 Liability: If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its sole
expense, in full force and effect for a period of three years following the termination of this Agreement,
one or more policies of professional liability insurance with limits of coverage as specified herein.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
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, Attn: Danielle Wood, Staff Analyst, 3333 E. American
Avenue, Suite B, 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
EXHIBIT A
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.
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.
BONDS:
PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond.
BONDING COMPANY: The company issuing bonds shall be a corporate surety admitted by the California
Insurance Commissioner to do business in the State of California with an A.M Best rating of B++ VIII or
better.
GUARANTEE: The successful bidder shall fully guarantee all aspects of the project for the minimum period
of one (1) year. Such one (1) year period shall commence upon the date of final acceptance by County. The
guarantee shall include but in no way be limited to workmanship, equipment and materials.
DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California.
Any claim which cannot be amicably settled without court action will be litigated in the U.S. District Court for
the Eastern District of California in Fresno, CA or in a state court for Fresno County.
DEFAULT: In case of default by the selected bidder, the County may procure the services from another
source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by
any other legal means available to the County.
ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment
or portions of payments without prior written consent of the County of Fresno.
ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with the Civil
Rights Act of 1964, the Americans With Disabilities Act of 1990, their subsequent amendments, and any and
all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance
for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The
contractor must also guarantee that services, or workmanship, provided will be performed in compliance with
all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the
nature required under this RFQ. In addition, the contractor may be required to provide evidence
substantiating that their employees have the necessary skills and training to perform the required services or
work.
AUDITS AND RETENTION: The Contractor shall maintain in good and legible condition all books,
documents, papers, data files and other records related to its performance under this contract. Such records
shall be complete and available to Fresno County, the State of California, the federal government or their
duly authorized representatives for the purpose of audit, examination, or copying during the term of the
contract and for a period of at least three years following the County's final payment under the contract or
until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be
retained in the manner described above until all pending matters are closed.
EXHIBIT A
BIDDER TO COMPLETE THE FOLLOWING:
PARTICIPATION
The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno,
Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties.
Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by
one of the other agencies.
Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make
payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original
contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate
whether you would extend the same terms and conditions to all tax supported agencies within this group as
you are proposing to extend to Fresno County.
Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley
Purchasing Group and other tax supported agencies.
No, we will not extend contract terms to any agency other than the County of Fresno.
(Authorized Signature in Blue Ink)
Title
EXHIBIT A
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION.
Firm:
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided similar
products/services. Be sure to include all requested information.
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ.
EXHIBIT A
OVERVIEW
This Request for Quotation is seeking a vendor to provide offender-funded radio frequency (RF) electronic
monitoring services to adults meeting the Fresno County Probation Department’s Electronic Monitoring
Program criteria.
Electronic Monitoring is a Court ordered sentencing alternative for misdemeanor and felony adult
offenders. The County of Fresno Electronic Monitoring Program allows court referred offenders to serve
their custody in their home. They are monitored through the vendor that provides the monitoring
equipment, which utilizes a 24-hour a day electronic technology, to ensure the defendants comply with all
requirements of the program. Compliance with all the rules and regulations is strictly enforced with
discrepancies handled through Probation. Defendant’s pre-approved schedules allow for work, court-
ordered programs, and medical/dental appointments. In addition, a three-hour pass, once a week, may be
given in order to resolve personal business. All remaining hours must be spent in the defendant’s
residence. Any significant variations in the defendant’s schedule must be pre-approved by the Probation
Department first. (An example of a minor change that the vendor can approve would be a dentist
appointment. An example of a significant variation would be a change to the offender’s work schedule or
increased hours away from the residence on a regular basis.) Any violations of program requirements
may result in defendant’s removal from the program and his/her return to custody.
The general requirements to be eligible for the Electronic Monitoring Program are: the defendant must be
court referred, have a stable residence, be employed or have a legitimate source of income,
transportation, and a functioning phone line (either land-line or cellular). The program utilizes a sliding fee
scale based on the offender’s personal income. Participants currently make advance payment for a two-
week period. Participation in the program will be in accordance with Penal Code Section 1208.2.
The electronic monitoring equipment vendor informs defendant and provides all services to defendant
regarding the monitoring process. They conduct a comprehensive orientation on the Electronic Monitoring
Program rules, regulations, and documentation requirements to comply with the directives of the courts
and the Probation Department. Orientation shall also include giving an overview of the electronic
monitoring (EM) equipment and its functions/requirements, bi-weekly reporting instructions to the EM
office, and advising the offender of reports sent to Probation. Each offender is scheduled for bi-weekly
interviews where the vendor’s case manager will certify all activity documentation. Bi-weekly is defined as
every two weeks. In addition, case managers perform supplemental confirmation by personal phone
contact. The vendor generates daily reports of offender non-compliance and forwards them to the
Probation Department by 8:30 a.m. the following day. Notification occurs via a telephone call from the
vendor with an e-mail to follow. In the event the e-mail system is temporarily inoperable, a fax shall be
sent until the system is operable again.
Deputy Probation Officers (DPOs) will interview adult offenders for acceptance into the Electronic
Monitoring Program, complete the attached forms packet (Exhibit A) and subsequently refer those
offenders who meet the program criteria to the contracted electronic monitoring vendor. The contracted
vendor will be responsible for placing these offenders on Electronic Monitoring as described in the Scope
of Work section of this RFQ, and for providing full case management for each participant in the program.
Further, the contracted vendor will be responsible for providing its office space in the Fresno metropolitan
area with access to public transit.
The contracted vendor will be responsible for maintaining contact with each offender on the program and
verifying and modifying the offender’s schedule as necessary to ensure compliance with the program
requirements, until the offender completes or is removed from the electronic monitoring program. The
contracted vendor will provide, install, maintain, and remove all equipment necessary for this program.
Further, the vendor will notify the Probation Department as indicated in the Scope of Work when an
offender violates program rules.
The County of Fresno will not have any financial or other responsibility for lost/damaged/stolen equipment.
It will be at the discretion of the District Attorney if legal charges for lost and/or damaged equipment are to
be filed. A participant will be removed from the program due to lost or damaged equipment only if the
court so orders. The current vendor reports the loss of approximately 1 full EM set per year. Payments
received by the County for lost or damaged equipment will be forwarded to the vendor. Note: This is not a
EXHIBIT A
common occurrence. The vendor will be responsible for investigation of all possible equipment tampering
incidents.
EXHIBIT A
SCOPE OF WORK
I. According to County records, for the time period of February 2016 through January 2017 (the most
recent 12 month time period available at the time of preparation of this RFQ), the average use was
18-27 RF units per month. The County does not anticipate any significant change in the number of
units at this time. The average length of time a probationer is on EM for the Electronic Monitoring
program is 120 to 180 days and on average 1-3 new installations are done on a weekly basis. The
County does not guarantee a minimum level of service. The quantities stated herein are
estimated, actual quantities may be less than or greater than stated. The vendor’s proposed
pricing must allow for all usage levels and should not assume a minimum level of service.
Electronic monitoring services will be required throughout the entirety of Fresno County. [PLEASE
NOTE: PROBATION IS NOT INTERESTED IN GPS UNITS FOR THIS RFQ].
II. County prefers that the Vendor have at least five years of experience providing electronic monitoring
services as described herein, but is not mandatory.
III. These RF EM devices will be used to electronically record the time period when a probationer leaves
and returns to their residence. This is the most basic EM system which places a base unit in the
probationer’s home. The probationer wears an EM device that electronically transmits a signal via
telephone/cellular connection to the monitoring center when the probationer leaves their residence
for work/school, etc., and when they return from their daily activity or other prearranged, authorized
schedules. The device proposed should be of the latest technology for radio frequency ankle model
EM devices. As stated above, Probation is not interested in GPS devices for this program.
Examples of acceptable equipment would be the BI HomeGuard 200, Dual Trak II, and RF Patrol
device and the cellular RF equivalents (i.e. BI HomeGuard 206). These are examples of acceptable
late model RF equipment, but vendors are not limited to those particular late model RF’s. The
Probation Department is not interested in older model RF equipment. The equipment offered must
perform as proposed on a consistent basis.
IV. The contracted vendor will provide, install, maintain, and remove all equipment necessary for this
program. The vendor must provide in home service for equipment retrieval and malfunction. All
other services may be performed at vendor’s office. Transmitters are to be installed in the vendor’s
office. The vendor may send the receiver home with the probationer and allow him/her to install.
However, the vendor must verify proper installation.
V. The contracted vendor is responsible for the retrieval of all equipment. If a participant is booked into
the Fresno County Jail while wearing an EM ankle bracelet, the bracelet will be removed by jail staff
and placed in a box for retrieval by the vendor. It is estimated this occurs approximately 1-2 times
per month.
VI. Equipment installations are to be performed on County’s normal workdays (e.g. Monday through
Friday, 8:00 a.m. to 5:00 p.m. excluding County holidays). There is no requirement for installations
at other times or days. Installations must occur within 10 days of receiving the referral from
Probation and/or prior to the stay date. Vendor’s staff is to be available for the Probation
Department to contact between 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding County
holidays).
VII. Vendor shall provide 24-hours per day, seven days per week electronic monitoring. All violations will
be reported to Probation staff by vendor, via phone followed by e-mail, by 8:30 a.m., the next
business day following the violation.
VIII. The selected Contractor for this RFQ will provide the following:
Service Delivery Method(s)
Equipment Listing
Pricing Structure
EXHIBIT A
IX. Contractor’s personnel assigned to provide direct services to offenders under this Agreement must
pass a background check conducted by COUNTY at no cost to Contractor. There shall be no
fraternization of Contractor’s personnel with any person under the supervision of the Fresno County
Probation Department. Any deviation from this policy must be pre-approved by the Probation
Department. Contractor shall have bi-lingual (Spanish speaking) staff available.
EXHIBIT A
REQUIREMENTS/RESPONSE SECTION
This “REQUIREMENTS/RESPONSE SECTION” includes the following sub-sections:
A. Profile of the Bidder
B. Description of Equipment
C. Central Computer System and Reporting/Notification Requirements
D. Billing Procedure
E. Demonstration of EM Equipment May Be Required
This “REQUIREMENTS/RESPONSE SECTION” includes County requirements, specifications and
conditions which the bidder must comply with. Additionally, this section addresses a variety of other areas
to which the bidders must respond.
Bidders must include with their bid a section entitled “REQUIREMENTS/RESPONSE SECTION”. This
section must include a line-by-line explanation of how the bidder will accomplish or satisfies each of the
items listed under this RFQ’s “REQUIREMENTS/RESPONSE SECTION.”
Each sub-section of the “Bidder Response Section” shall be indexed and tabbed for quick reference.
A. Profile of the Bidder
This section of the bid is designed to establish that the bidder has the ability and experience to operate
the offender-funded electronic monitoring program as specified in the RFQ. The bidder is to provide
all services as indicated in this RFQ; any subcontracting of services must be approved by the
Probation Department prior to submittal of the Response to RFQ. The following information must be
provided:
1. Structure of the Bidder
a. Corporate name (If applicable)
b. Date incorporated/organized
c. State incorporated/organized in
d. Corporate officers/principal employees and their qualifications
2. Bidder’s Experience in Electronic Monitoring
a. Number of years providing electronic monitoring services
3. Description of Current Contracts with Government Agencies for Government and/or Offender
Funded Monitoring Services
Use form provided in this RFQ to list references for five (5) current customers who are utilizing
County/Government funded electronic monitoring services.
4. Description of Contracts with Government Agencies for Government and/or Offender Funded
Monitoring Services terminated prior to completion of the contract term (2012 to present).
a. Agency contracted with
b. Date of original contract
c. Reason for termination
d. Contact person and telephone number for agency
5. Description of Pending Lawsuits
a. Location filed, name of court and docket number
b. Nature of the lawsuit
EXHIBIT A
B. Description of RF Equipment
This section of the bid should describe the RF equipment used by the bidder. Equipment must meet
the minimum specifications set forth in this RFQ. Any deviations from the specifications must be
clearly identified as such.
1. Manufacturer of Equipment
a. Name, address and phone number of manufacturer
b. Contact person
c. Length of time equipment has been used by your firm
2. Transmitter Worn by Offender
a. Transmitter shall comply with all applicable Federal Communications Commission (FCC) (Part
15) and shall be registered with the FCC. Vendor must supply with this bid the FCC
registration numbers of the transmitter.
b. Bidder must certify a radio transmitting continuous signaling device which meets the following
general specifications:
1. Signal of the transmitter must be unique to the individual to whom it is attached
2. Must be shock-resistant, water and moisture-proof and function reliably under normal
atmospheric and environmental conditions
3. Must not pose a safety hazard or unduly restrict the activities of the participant
4. Transmitter and band must be hypo-allergenic
c. Dimensions and weight shall be close to or the same as models BI HomeGuard 200, DualTrak
II, RF Patrol and equivalent cellular models.
d. Transmitter range shall be close to or the same as models BI HomeGuard 200, DualTrak II,
RF Patrol and equivalent cellular models.
e. Operating frequency range shall be close to or the same as models BI HomeGuard 200,
DualTrak II, RF Patrol and equivalent cellular models and should not interfere with or be
interfered by use of radio transmitters normally used by police/corrections personnel.
f. Battery
1. Shelf life of at least two years.
2. Operating life of at least 12 months.
3. Vendor personnel will replace when the batteries are low.
g. Transmitter shall be an ankle device.
h. Transmitter shall have tamper resistant features such as found in models BI HomeGuard 200,
DualTrak II, RF Patrol and equivalent cellular models and have manual and automatic tamper
reset features as found in these models.
i. Medical or other conditions shall not prevent the transmitter or tamper resistant feature from
operating properly with an individual or group of offenders.
3. Receiver/Dialer
a. Receiver/Dialer shall comply with all applicable FCC Part 15 and 68 regulations and shall be
registered with the FCC. Vendor must supply with this bid the FCC registration number(s) of
the Receiver/Dialer.
b. Dimensions and weight shall be close to or the same as models BI HomeGuard 200, DualTrak
II, RF Patrol and equivalent cellular models.
c. Method of installation shall be close to or the same as models BI HomeGuard 200, DualTrak
II, RF Patrol and equivalent cellular models.
EXHIBIT A
d. Telephone communications
1. The Receiver/Dialer shall communicate with the computer upon set up and contact the
monitoring center every time the client enters or leaves the home as well as have a default
setting to contact the monitoring center every four to six hours with the ability to increase
or decrease the frequency.
2. The Receiver shall plug into a standard two-prong residential AC power outlet. Land-line
models shall use a telephone cord that plugs into a standard RJ-11 telephone jack.
3. Contractor shall advise offender at time of installation for land-line units what will happen if
someone is on the phone at the time the Receiver is trying to call the monitoring center,
i.e., sound of modem dialing or some other progressive annoyance feature to alert them to
get off the phone.
4. The cellular connection for the cellular RF equipment shall be on the AT&T or Verizon
network as these carriers have the best coverage throughout Fresno County.
5. Contractor shall have in place safeguards to prevent loss of data if telephone service is
interrupted.
e. Power supply
1. Required power supply is standard residential 120-volt AC power with only one standard
two-prong electrical outlet required.
2. Backup power supply included.
3. The Receiver shall have data storage capability for a minimum of 48 hours that is
automatically triggered in the event power is interrupted.
4. Surge protectors required.
f. Tamper resistant feature
1. Vendor’s staff shall be trained in visual inspection procedures to determine if unit has been
tampered with.
2. Vendor awarded contract shall provide list of various tamper messages and their meaning
to County staff.
3. If the Vendor is aware of any known instances where an offender has defeated the tamper
resistant features, a description is to be provided.
g. The Receiver shall have the ability to be programmed to recognize different transmitters in the
event a transmitter needs to be changed; however, the Receiver should only be matched to
one transmitter at a time and ignore all other signals.
h. In the event phone lines at the central computer are busy when Receiver/Dialer attempts to
call, the device should continue to redial at least every couple of minutes until the call gets
through. Vendor shall review line efficiency reports on a regular basis to ensure proper line
allocation.
4. Service and Maintenance of Equipment
a. Vendor shall maintain equipment and inventory in proper working order. Equipment that
needs to be returned to the manufacturer or the Vendor for repair will be shipped to the
appropriate location by Vendor and at Vendor’s expense. Vendor shall provide all
maintenance for the EM units at no charge to COUNTY.
b. Vendor shall keep sufficient overstock in the local inventory at no additional charge. These EM
units will act as replacement for any units that may fail. The Vendor will restock every two
weeks or upon the request of the Probation Department. There is to be no charge to the
Probation Department for overnight shipping of EM units or associated equipment.
c. Replacement of inoperative equipment shall occur within 24 hours or less.
EXHIBIT A
5. Equipment Installation and Removal
a. Vendor will provide, install, maintain and remove all equipment necessary for this program.
The vendor must provide in home service for equipment retrieval and malfunction. All other
services may be performed at vendor’s office. Transmitters are to be installed in the vendor’s
office. The vendor may send the receiver home with the probationer and allow him/her to
install. However, the vendor must verify proper installation.
b. Equipment installations are to be performed on County’s normal workdays (e.g. Monday
through Friday, 8:00 a.m. to 5:00 p.m., excluding County holidays). There is no requirement
for installations at other times or days. Installations must occur within 10 days of
receiving the referral from Probation and/or prior to the stay date.
6. Contractor’s Staff
a. Contractor’s staff assigned to provide direct services to probationers under this Agreement
must pass a background check conducted by COUNTY at no cost to vendor. Also, all staff
having access to Fresno County Probation Department data shall have passed background
checks.
b. There shall be no fraternization of Contractor’s personnel with any person under the
supervision of the Fresno County Probation Department. Any deviation from this policy must
be pre-approved by the Probation Department.
c. Contractor shall have bi-lingual (Spanish speaking) staff available.
d. Contractor’s staff is to be available for the Probation Department to contact between 8:00 a.m.
and 5:00 p.m., Monday through Friday, excluding County holidays.
7. Manufacturer's Product Liability Insurance
Vendor must certify the manufacturer has adequate product liability insurance and specify the
amount of coverage. If the bid is awarded, at the time of contract, it will be the contractor's
responsibility to provide a certificate of insurance from the manufacturer.
C. Central Computer System and Reporting/Notification Requirements
Vendor shall provide a monitoring system which operates 24 hours/7 days per week, 365 days per
year. This section of the bid should describe said monitoring system used by the bidder, addressing
each item below, and any deviations from the specifications must be clearly identified as such.
1. Software capabilities
a. Have the ability to program in at least 3 leaves and 3 entries per offender per day.
b. System capacity shall allow for the programming of multiple curfews for each day of the week
and shall support permanent and temporary schedules.
c. Data items which can be stored for each participant shall include but not be limited to name,
address, phone number, date of birth, I.D. number, social security number, language, gender,
monitoring level, court, case information, DPO information, and photos.
d. Reports/Notifications which can be generated by the system shall, at a minimum, include:
(1) Enrollment: Notifies Probation that the Offender is active on the monitor. Due via e-mail
by 8:30 a.m. the next business day. Utilize fax as back-up if e-mail system down.
(2) Non-Compliance/Violation: All violations, except absconds [see (3) below] will be
reported to Probation staff by vendor the day of the violation, via phone between 8:00
a.m. and 5:00 p.m., followed by e-mail. If after 5:00 p.m., notify Probation via phone
between 8:00 and 8:30 a.m. the next business day following the violation followed by e-
mail. Utilize fax as back-up if e-mail system down.
(3) Abscond: Offender has left the residence and failed to return. Offender remains out of
contact. Notification to Probation via phone, followed by e-mail, within 30 minutes of the
violation, between the hours of 8:00 a.m. and 5:00 p.m. If after 5:00 p.m., notify
EXHIBIT A
Probation staff via phone between 8:00 and 8:30 a.m. the next business day following
they abscond, followed by e-mail. Utilize fax as back-up if e-mail system down.
(4) Schedule Adjustments: Notifies Probation of any change to schedule (in and out), i.e.,
doctor appointments, dental appointments, DUI classes, etc. Minor schedule changes,
such as a dentist appointment can be approved by the Contractor. More significant
changes to the offender’s schedule, such as a change to his/her work schedule or regular
increased hours away from the residence must be pre-approved by Probation. A
Schedule Adjustment report indicating changes (both minor and significant) will be e-
mailed once per week on those offenders with changes. Probation and vendor will agree
on a set day for consistency purposes. Utilize fax as back -up if e-mail system down.
(5) Activity: The Activity report shall show all offender leaves/entries, tamper messages, etc.
on a daily basis. This report will be e-mailed daily for all offenders in the Electronic
Monitoring program. Utilize fax as back-up if e-mail system down.
(6) Monthly Progress: Provides overview of each offender’s progress on a monthly basis.
This report will, at minimum, outline whether offenders are current or past due with fee
payments to the vendor and bi-weekly meeting attendance. This report will be e-mailed
to Probation once a month. Probation and vendor will agree on a set date for consistency
purposes.
(7) Change of Address/Phone/Other Contact Information: Any changes made to the
offender’s address, phone number or other contact information will be e-mailed to the
Probation Department by 8:30 a.m. of the next business day. Utilize fax as back-up if e-
mail system down.
(8) Termination: Notifies Probation the offender has been removed from EM by Contractor
due to failure to pay fees and/or failure to comply with Electronic Monitoring Program
rules. Notification to occur by phone, followed by e-mail, to Probation within one hour of
termination. Utilize fax as back-up if e-mail system down.
(9) Completion: Notifies Probation that the offender has served his term, has paid all fees,
and has returned all of the electronic monitoring equipment. Report due via e-mail to the
Probation Department by 8:30 a.m. the next business day after completion. Utilize fax as
back-up if e-mail system down.
e. Capacity of system needs to be sufficient to handle the addition of the Fresno County
Probation Department’s Offender-funded adult electronic monitoring program.
f. The monitoring system shall be able to accept messages from multiple Receiver/Dialers at a
time. Vendor is to ensure that the monitoring system has adequate capacity to receive all data
transmissions from the field. In the event of a network failure from the primary service
provider, vendor shall have an alternative plan in place to continue service without interruption.
g. Vendor shall prevent loss of memory or data through the use of various techniques such as
Redundant Data Storage, Back-up Power Supplies, and Back-up Communication Systems.
D. Billing Procedure
Please describe how and when the offender will be billed, including the sliding fee scale provision for
the Offender-funded EM Program. Please note Probation will not assist in collecting fees.
E. Demonstration of Electronic Monitoring Equipment May Be Required During Evaluation
After the Responses to RFQ have been opened by the County, the bidders may be required to
demonstrate the equipment which has been proposed for evaluation by, and at no cost to, the County.
The purpose of the demonstration is to observe the equipment in an operational environment and to
verify its capability, suitability, and adaptability vis-à-vis the performance requirements stipulated in the
bid. If a demonstration is required, the County will notify the bidder of such in writing and will specify
the date, time, and location of the demonstration. If the bidder fails to perform the demonstration on
the specified date stipulated in the notice, the County may elect to reject the bidder’s bid or to
EXHIBIT A
reschedule the demonstration in its best interest. The County shall be the sole judge of the
acceptability of the equipment in conformance with the bid specifications and its decision shall be final.
The electronic monitoring equipment used for the demonstration shall be the same as the
manufacturer’s model identified in the bid. Accordingly, the equipment used in the demonstration shall
create an express warranty that the actual equipment to be provided by the bidder during the contract
period shall conform to the equipment used in the demonstration. The bidder shall be required to
provide adequate restitution to the County, in the manner prescribed by the County, if this warranty is
violated during the term of the contract.
EXHIBIT A
COST QUOTATION
1. The Probation Department took a snapshot of the average monthly incomes of program participants
for the months of September 2016, November 2016, and January 2017 (see attached Exhibit B). It is
recommended bidders provide their best pricing for all income levels.
2. The Cost Quotation section for electronic monitoring services must include the cost of all services,
equipment, maintenance, training, phone charges, etc., necessary for all offender funded electronic
monitoring services in Fresno County. No other costs can be charged to the offender except that
listed in the Cost Quotation.
3. The cost for the offender funded electronic monitoring services will be based upon a Sliding Fee Scale
(per client) as mandated by the California Penal Code section 1208.2(e)*, and this Fee Scale must be
provided in the Response to RFQ (see provided sample format). The pricing schedule must explain in
detail how the daily charges will be determined. The selected vendor will clearly identify from the
Sliding Fee Scale, the process/procedure of determining the specific dollar amount (fee) of each
individual offender, and further, how each offender will be charged/invoiced.
*California Penal Code Section 1208.2(e) defines the “ability to pay” as the overall capability of the person
to reimburse the costs, or a portion of the costs, of providing supervision. This section goes on to provide
other factors that shall be taken into consideration and provides the foundation for why Probation requires
the vendor to provide a sliding fee scale.
EXHIBIT A
COST EVALUATION METHODOLOGY
DO NOT COMPLETE THIS FORM
Vendor cost for RFQ evaluation purposes will be determined as follows:
Ten (10) monthly incomes will be selected by the County and the corresponding daily rate provided by the
vendor in the submitted Sliding Fee Scale shall be plugged into the formula below. The lowest responsible
bidder, based on the rates for the monthly salaries selected by the County will be used for cost evaluation
as shown below. Bidders are reminded to provide their best pricing for all income levels.
Formula:
Monthly Salary
Vendor’s
Corresponding
Sliding Scale Daily
Rate
Land-line
Cost of Service*
Cellular
Cost of Service*
$ Rate = $ $
$ Rate = $ $
$ Rate = $ $
$ Rate = $ $
$ Rate = $ $
$ Rate = $ $
$ Rate = $ $
$ Rate = $ $
$ Rate = $ $
$ Rate = $ $
Total $ $
Grand Total $**
* The cost of service is the same as the Vendor’s Corresponding Sliding Scale Daily Rate.
** The totals for Land-line and Cellular Cost of Service will be combined for the Grand Total. The Grand
Total will determine the lowest bid.
EXHIBIT A
QUOTATION SCHEDULE
FRESNO COUNTY OFFENDER-FUNDED ELECTRONIC MONITORING PROGRAM
SLIDING FEE SCALE
BIDDER TO COMPLETE AND SUBMIT WITH THEIR BID
*MONTHLY INCOME LAND-LINE RF DAILY RATE CELLULAR RF DAILY RATE
*This should be the income range, as proposed by the vendor (i.e. $0-$240, $240-$400, etc.) Sliding Fee
Scale monthly income should go up to at least $8,000.00/month.
EXHIBIT A
MONTHLY INCOME
LAND-LINE RF DAILY RATE CELLULAR RF DAILY RATE
EXHIBIT A
CHECK LIST
This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list,
are important requirements and is the responsibility of the bidder to submit with the bid package in order to
make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with the
bid in its entirety.
Check off each of the following:
1. All signatures must be in blue ink.
2. The Request for Quotation (RFQ) has been signed and completed.
3. One (1) original and three (3) copies of the RFQ have been provided.
4. Addenda, if any, have been completed, signed and included in the bid package.
5. The completed Reference List as provided with this RFQ.
6. The Quotation Schedule as provided with this RFQ has been completed, price reviewed for
accuracy and any corrections initialed in ink.
7. Indicate all of bidder exceptions to the County’s requirements, conditions and specifications
as stated within this RFQ.
8. The Participation page as provided within this RFQ has been signed and included
9. The Local Vendor Bid Preference and Disabled Veteran Business Enterprise Bid Preference
section (if applicable) has been completed signed and included.
10. Bidder to Complete page as provided with this RFQ.
11. Specification, descriptions etc. for items offered under bidder(s) quotation.
12. A description of the design and techniques that the bidder will use to complete the project.
13. Lastly, on the LOWER LEFT HAND CORNER of the sealed envelope, box, etc.
transmitting your bid include the following information:
County of Fresno RFQ No. 17-062
Closing Date: April 12, 2017
Closing Time: 2:00 P.M.
Commodity or Service: Offender Funded Electronic Monitoring
Return Checklist with your RFQ response.
EXHIBIT A
EXHIBITS
A – Electronic Monitoring Forms Packet
B – Income Snapshot
EXHIBIT A
FRESNO COUNTY PROBATION DEPARTMENT
ELECTRONIC MONITORING PROGRAM
890 South Tenth Street
Fresno, CA. 93702 - (559) 600-5160
As a part of your sentence the Court has ordered you to serve time in custody in the Fresno County Jail.
However, the Court has referred you to the Electronic Monitoring Program for possible acceptance.
To be eligible for the program YOU MUST:
1.Be employed with a consistent work schedule from a verifiable employer, in a Vocational / Educational
program, or have a legitimate/verifiable source of income.
2.Self-Employed will be considered on a case-by-case basis dependent on the ability to verify
whereabouts and income tax returns/status.
3.Have a valid driver’s license and proof of insurance or:
a.The name of the person who will be providing transportation for you. That person MUST have a
valid driver’s license and provide proof of insurance.
4.Have a working cell phone or telephone in your residence. Defendants must be willing to modify the
terms and options in their respective plans to meet the Electronic Monitoring requirements (Caller ID,
Call Waiting, etc.)
5.Be able to pay all program fees including a non-refundable Probation interview/screening FEE of $60.00
YOU ARE NOT REQUIRED TO PARTICIPATE IN THE ELECTRONIC MONITORING PROGRAM AND
YOU MAY HAVE THE OPTION TO SERVE TIME IN CUSTODY BY REPORTING TO THE FRESNO
COUNTY JAIL ON THE DATE AND TIME INDICATED ON YOUR COURT ORDER.
If you choose to be considered for Acceptance to the program YOU MUST do the following:
1.Schedule an appointment for an interview and obtain an Intake Packet at the Electronic Monitoring
Office within 14 days of the Court ordered stay date.
2.On that appointment, client is required to pay a $60.00 Screening Fee.
3.Have all Required Forms Completed and all Required Documentation (i.e. car insurance, etc) at the
time of interview or as ordered by Probation Personnel.
APPOINTMENT DATE: TIME:
(Report to the Electronic Monitoring Office.)
FAILURE TO APPEAR for the interview may result in the client being denied for the program.
FAILURE TO PROVIDE required documentation may result in an additional fee of $25.00 should the client
be required to return prior to Stay Date.
CURRENT DATE: Client’s Signature:
Witness Initials:
Name: Date of Birth:
Address: Telephone #:
City: State: Zip: Social Security #:
ELECTRONIC MONITORING MINUTE ORDER
COURT NUMBER:
EXHIBIT A
County of Fresno
RICK CHAVEZ
CHIEF PROBATION OFFICER
PROBATION DEPARTMENT / ELECTRONIC MONITORING PROGRAM
890 South Tenth Street / Fresno, California 93702 / (559) 600-5160
The County of Fresno is an equal employment opportunity employer
ATTENTION!
YOU MUST PRESENT THE FOLLOWING ITEMS TO YOUR ELECTRONIC
MONITOR OFFICER AT THE TIME OF YOUR APPOINTMENT
1. A VALID GOVERNMENT-ISSUED PICTURE ID (STATE ID, DL, MATRICULAR CONSULAR,
etc.)
2. TWO RECENT PAY STUBS TO VERIFY EMPLOYMENT. IF PAY STUBS ARE NOT
AVAILABLE OR DEFENDANT IS PENDING A START DATE FOR EMPLOYMENT, A
LETTER ON COMPANY LETTERHEAD MUST BE PRESENTED INCLUDING THE
FOLLOWING.
A. DATE OF HIRE
B. DAYS/HOURS WORKED PER WEEK
C. JOB TITLE/DUTIES
D. SUPERVISOR’S NAME AND TELEPHONE NUMBER
3. RECENT PHONE BILL TO VERIFY PHONE SERVICE.
4. IF SELF EMPLOYED, PROVIDE TAX RETURNS TO VERIFY SELF-EMPLOYED STATUS
AND ADDRESS/LOCATION OF BUSINESS/EMPLOYMENT.
5. IF THIRD PARTY IS PAYING ELECTRONIC MONITORING FEES, THEN THE PAYEE MUST
PROVIDE THE SAME PROOF AS THE DEFENDANT TO VERIFY INCOME.
6. CAR INSURANCE AND VALID CALIFORNIA DRIVERS LICENSE OF APPLICANT AND/OR
PERSON(S) WHO MAY BE DRIVING APPLICANT.
7. PRE – SCREENING FORMS COMPLETED AND PROBATION MONITORING TERMS AND
CONDITONS READ AND INITIALED.
YOU WILL NOT BE CONSIDERED ELIGIBLE FOR THE ELECTRONIC MONITOR PROGRAM
UNTIL ALL NECESSARY DOCUMENTS HAVE BEEN SUPPLIED. FAILURE TO PROVIDE
REQUIRED DOCUMENTATION MAY RESULT IN A DENIAL OF ACCEPTANCE INTO
PROGRAM.
NON – ENGLISH SPEAKING APPLICANTS MUST BRING INTERPRETER ON DAY OF
APPOINTMENT.
EXHIBIT A
County of Fresno
RICK CHAVEZ
CHIEF PROBATION OFFICER
PROBATION DEPARTMENT / ELECTRONIC MONITORING PROGRAM
890 South Tenth Street / Fresno, California 93702 / (559) 600-5160
The County of Fresno is an equal employment opportunity employer
ELECTRONIC MONITOR
PRE – SCREENING INFORMATION SHEET
LAST NAME: FIRST NAME:
BIRTHDATE: SOCIAL SECURITY #:
ADDRESS: CITY: ZIP:
PHONE: HOW LONG AT THIS RESIDENCE:
MARITAL STATUS: NAME OF SPOUSE:
LIST ALL OTHER INDIVIDUALS LIVING AT THIS ADDRESS
NAME RELATIONSHIP
DEFENDANT’S SIGNATURE:
TRANSPORTING PERSON’S INFORMATION
IF YOUR LICENSE HAS BEEN SUSPENDED YOU MUST HAVE A DESIGNATED DRIVER
LAST NAME: FIRST NAME:
RELATIONSHIP: LICENSE #:
INSURANCE CO. TELEPHONE:
TRANSPORTING PERSON’S SIGNATURE:
ALL INFORMATION MAY BE SUBJECT TO VERIFICATION
BY FRESNO COUNTY PROBATION
EXHIBIT A
County of Fresno
RICK CHAVEZ
CHIEF PROBATION OFFICER
PROBATION DEPARTMENT / ELECTRONIC MONITORING PROGRAM
890 South Tenth Street / Fresno, California 93702 / (559) 600-5160
The County of Fresno is an equal employment opportunity employer
ELECTRONIC MONITOR
PRE-SCREENING EMPLOYER INFORMATION SHEET
EMPLOYMENT INFORMATION TO BE COMPLETED BY EMPLOYER
NAME OF BUSINESS:
BUSINESS ADDRESS:
BUSINESS TELEPHONE #: MESSAGE #:
DAYS WORKED PER WEEK: SCHEDULED DAYS:
HOURS WORKED PER DAY: SCHEDULED HOURS:
DATE OF HIRE: HOURLY WAGE:
PAY SCHEDULE: Monthly Biweekly Weekly
JOB DUTIES:
SUPERVISOR’S NAME:
Defendant’s Signature: Date:
EXHIBIT A
FRESNO COUNTY PROBATION DEPARTMENT
ADULT ELECTRONIC HOME DETENTION PROGRAM
TERMS AND CONDITIONS
In addition to your standard terms and conditions of probation, the following terms will also
apply:
1. I am a voluntary participant in the Fresno County Probation Department Adult Electronic
Monitoring Program.
2. I will remain within the prescribed electronic perimeter of my residence during the hours
designated by the probation officer or caseworker.
3. I will allow any person or agency designated by the probation officer into my residence at
any time for the purpose of verifying any compliance within the conditions of my monitoring.
4. I agree to the use of the electronic monitoring device for the purpose of helping to verify my
compliance with rules and regulations of the Electronic Monitoring Program.
5. I agree that the probation office may, without further order of the court, immediately take me
into custody to serve the balance of my sentence if the electronic monitoring device is
unable for any reason to properly perform its function at my residence or I fail to remain
within my residence as stipulated in this agreement or for any reason I no longer meet the
established criteria for the Electronic Monitoring Program.
6. I agree to pay all monitoring fees as scheduled by the monitoring program. Failure to pay
will result in removal from electronic monitoring and return to custody.
7. If I opt to use the land-line electronic monitoring device, I will maintain a working telephone
in my residence. I am not to use a call forwarding device or an answering machine or any
other device or option(s) precluded by the contracted provider.
8. I will wear the tamper-proof non-removable ankle bracelet 24 hours a day during the entire
period of electronic monitoring. If device is removed by Medical Providers for a legitimate
medical need, then these instances must be reported as soon as possible to Probation
personnel.
9. If I opt to use the land-line electronic monitoring device, I know it will be necessary for a
monitoring device to be hooked up to my home telephone by an employee of the Electronic
Monitoring Program or Probation Employee. I agree to allow monitoring staff to enter my
home 24 hours a day without prior notice to install, maintain and inspect this unit.
10. I agree to remain at my residence at all times except for the hours as specified on the
activity schedule issued by Probation and Monitoring personnel.
11. I understand that my curfew restrictions may also be monitored by phone calls and personal
visits to my residence or employment.
EXHIBIT A
County of Fresno
RICK CHAVEZ
CHIEF PROBATION OFFICER
PROBATION DEPARTMENT / ELECTRONIC MONITORING PROGRAM
890 South Tenth Street / Fresno, California 93702 / (559) 600-5160
The County of Fresno is an equal employment opportunity employer
12. I understand that if I should willfully fail to return to my residence within the prescribed time,
or leave this address at any invalid time, such may be deemed an escape from custody and
I may be subject to removal from the program and returned to jail.
13. I understand that the consumption or possession of alcohol and/or unlawful drugs is
prohibited while under the Electronic Monitoring Program, as this is considered in-custody
confinement.
14. I further understand that violation of any of these conditions or agreement may cause my
removal from the program and return to jail without notice or avenue of appeal.
15. I understand that any damage or tampering of the electronic monitoring device will result in
my return to the Fresno County Jail. It may result in the filing of new criminal charges.
16. I understand that I am responsible for all electronic monitoring equipment and agree to
reimburse for any loss or damage of this equipment.
17. I agree/understand that if I opt to use the land-line electronic monitoring device, that the
phone line to be utilized by the Field Monitoring Device must not have a Long Distance
Phone Call Block that prevents long distance calls by the Field Monitoring Device. Further,
that the “ringer” on the telephone must be on at all times while on the Adult Electronic
Monitoring Program.
I AGREE TO APPEAR FOR ANY AND ALL COURT APPEARANCES THAT ARE
SCHEDULED.
THE ABOVE INSTRUCTIONS AND CONDITIONS HAVE BEEN EXPLAINED OR READ TO ME AND I
DO HEREBY AGREE TO ABIDE BY THOSE CONDITIONS.
Probationer’s Signature Officer’s Signature
Address Date
Telephone
EXHIBIT A
Fresno County Probation Department
Rick Chavez, Chief Probation Officer
ADULT PROBATION
890 South Tenth Street Fresno, California 93702 / (559) 600-5127
The County of Fresno is an equal employment opportunity employer
TO: (Vendor Name)
(Vendor Address)
Fax (Vendor Fax Number)
Defendant: Case#:
Probation #: Phone:
Offense:
Referral Request Notice
The above-named defendant is being referred by the Fresno County Electronic Monitoring
Program intake Officer. If you accept this case, please refer all case supervision matters to
the Electronic Monitoring Officer assigned: .
Number of days (Net) sentenced to Electronic Monitoring: .
Permitted Activities
Employment School Medical/Dental
Documented Over-Time at Work Community Service
AA\NA meetings/Anger Management/Batterer’s Treatment AFDC-4 Hr. Pass
3 Hour Pass-1 per week/return before 1700 hours.
Other:
Restriction/Conditions of Probation in addition to Obey All Laws:
Defendant has been notified to Contact (Vendor’s Name) by
EXHIBIT A
Fresno County Probation Department
Rick Chavez, Chief Probation Officer
ADULT PROBATION
890 South Tenth Street Fresno, California 93702 / (559) 600-5160
The County of Fresno is an equal employment opportunity employer
Further Electronic Monitoring Instructions
Defendant: Probation #:
Case #:
You are to contact (Vendor’s Name). (Vendor’s Name) is an agency that the Electronic
Monitoring Program uses for electronic monitoring services. They will install the electronic
monitoring equipment and assign you a case manager. You may be required to pay an initial
fee of $______ ($_____for screening with (Vendor’s Name) and $_____applied toward s
fees) at the time of your appointment, and all Program Fee’s thereafter.
You are to contact (Vendor’s Name and Phone Number) by: . You are to obey all
instructions given by (Vendor’s Name) staff.
If you have questions regarding probation, call at .
Deputy Probation Officer Date
Probationer Date
(Vendor’s Name)
(Vendor’s Address)
Fresno, CA _______
(Vendor’s Phone Number)
EXHIBIT A
INCOME SNAPSHOT
SEPTEMBER 2016
NOVEBMER 2016
JANUARY 2017
Defendant
Monthly
Income Defendant
Monthly
Income Defendant
Monthly
Income
1 $0.00 1 $0.00 1 $0.00
2 $0.00 2 $0.00 2 $0.00
3 $0.00 3 $0.00 3 $0.00
4 $540.00 4 $0.00 4 $492.00
5 $1,360.00 5 $0.00 5 $880.00
6 $1,640.00 6 $492.00 6 $1,360.00
7 $1,640.00 7 $574.00 7 $2,120.00
8 $1,760.00 8 $1,360.00 8 $2,150.40
9 $2,446.00 9 $1,575.00 9 $2,160.00
10 $2,500.00 10 $1,640.00 10 $2,160.00
11 $2,557.44 11 $1,960.00 11 $2,256.00
12 $2,610.00 12 $1,968.00 12 $2,446.00
13 $2,960.00 13 $2,000.00 13 $2,500.00
14 $3,680.00 14 $2,120.00 14 $2,610.00
15 $4,160.00 15 $2,256.00 15 $3,328.00
16 $4,612.80 16 $2,446.00 16 $3,400.00
17 $10,350.00 17 $2,500.00 17 $4,000.00
18 $2,557.44 18 $4,160.00
19 $2,610.00 19 $4,612.80
20 $3,400.00 20 $5,513.60
21 $4,160.00 21 $10,350.00
22 $4,612.80
23 $10,350.00
EXHIBIT A
SAMPLE AGREEMENT
EXHIBIT A
AGREEMENT
THIS AGREEMENT is made and entered into this ___ day of ______________, 2017,
by and between the COUNTY OF FRESNO, a political subdivision of the State of California,
hereinafter referred to as “COUNTY”, and _________________________________, a
corporation, whose principal address is ________________________________ , hereinafter
referred to as “CONTRACTOR”. COUNTY and CONTRACTOR are each a “Party” to this
Agreement, and together they are the “Parties” to this Agreement.
WITNESSETH
WHEREAS, the COUNTY currently operates an offender-paid, adult electronic
monitoring program (hereinafter “Probation’s EM Program”) for probationers chosen by the
COUNTY’S Probation Department (the “Probation Department” or “Probation”) as suitable for
participation in an electronic monitoring program (“Participants”); and
WHEREAS, COUNTY has need for the continued provision of electronic monitoring
services and equipment to Participants on Probation’s EM Program; and
WHEREAS, COUNTY issued Request for Quotation (RFQ) Number ________ and
Addenda Numbers One and Two thereto, and CONTRACTOR responded to such RFQ and
Addenda; and
WHEREAS, the CONTRACTOR is qualified and willing to perform said services and
has offered to provide such services and equipment to Participants, charging a fee to each
Participant, according to their ability to pay, instead of charging COUNTY.
NOW, THEREFORE, in consideration of their mutual promises, covenants and
conditions, hereinafter set forth, the sufficiency of which is acknowledged, the Parties agree
as follows:
I. OBLIGATIONS OF CONTRACTOR
EXHIBIT A
A. General Description of Duties
CONTRACTOR shall provide Probation’s EM Program with electronic
monitoring services, administrative services, and related equipment as described herein. The
services and equipment shall be provided on a timely basis.
CONTRACTOR shall perform all services and fulfill all responsibilities for
Probation’s EM Program as defined in COUNTY’S RFQ Number ___-____ dated _________,
2017, including Addendum Number One to RFQ dated __________, 2017 and Addendum
Number Two to RFQ dated __________, 2017 (together the “RFQ”, attached hereto
collectively as Exhibit A and incorporated herein by this reference) and CONTRACTOR’S
Response to COUNTY’S RFQ, dated ___________, 2017 (attached hereto as Exhibit B and
incorporated herein by this reference). A copy of the COUNTY’S RFQ and CONTRACTOR’S
Response to RFQ shall be retained and made available to CONTRACTOR during the term of
this Agreement by the COUNTY’S Probation Department Contract Coordinator.
B. Electronic Monitoring Equipment and Services
1. CONTRACTOR shall install and remove all electronic monitoring
devices as required during the duration of this Agreement whether at the CONTRACTOR’S
local branch office, Participant’s home, or other sites as approved by the Probation
Department.
2. CONTRACTOR shall provide “ (model(s)) ” RF electronic
monitoring equipment and services as determined by COUNTY’S Probation Department.
CONTRACTOR is authorized to add or substitute other electronic monitoring equipment if
prior written approval is obtained from the Probation Department.
3. CONTRACTOR shall notify COUNTY of violation reports as
provided herein.
EXHIBIT A
4. CONTRACTOR shall provide 24 hour per day, seven days per
week, electronic monitoring of Probation’s EM Program Participants, as provided herein.
5. CONTRACTOR shall make available language translation services
to Participants on an as-needed basis.
6. The Parties hereto agree, and CONTRACTOR hereby
acknowledges, that with regard to the delivery of all services by CONTRACTOR under this
Agreement, time is of the essence.
C. Administrative Services
1. Written Statement of Rights
At the time Probation notifies CONTRACTOR a Participant is
eligible to participate in Probation’s EM Program, the CONTRACTOR shall furnish the
Participant with a written statement of his/her rights in regard to the program for which the
Participant has been approved, including: (a) the fact that the Participant cannot be denied
consideration for participation in the program because of an inability to pay; and (b) the fact
that if the Participant is unable to reach agreement with the CONTRACTOR regarding the
Participant’s ability to pay, the amount which is to be paid, or the manner and frequency with
which payment is to be made, that the matter shall be referred to the Superior Court to resolve
such differences.
2. Fees
(a) CONTRACTOR shall perform all administrative duties
necessary for: (1) the determination of the fee to be assessed each Participant; (2) the
Participant’s execution of an appropriate fee agreement; and (3) the CONTRACTOR’S
collection of such fees.
EXHIBIT A
(b) CONTRACTOR shall bill each individual Participant a
program fee pursuant to the fee schedule attached hereto as Exhibit C and incorporated
herein by reference. The amount of the program fee and the method and frequency of
payment shall be set forth in an agreement, signed by the Participant, to participate in
Probation’s EM Program.
(c) The program fee actually charged a Participant in
Probation’s EM Program shall be determined according to his or her ability to pay. For
purposes of this Agreement, “ability to pay” shall have that meaning set forth in Penal Code
section 1208.2(e). No person shall be denied consideration for, or be removed from,
participation in Probation’s EM Program because of an inability to pay all or a portion of the
program fees. The Participant may, at any time during his participation in Probation’s EM
Program, request of CONTRACTOR that his or her program fee be modified or suspended on
the grounds of a change in circumstances with regard to that Participant’s ability to pay.
(d) If the Participant and the CONTRACTOR are unable to
come to an agreement regarding the Participant’s ability to pay, or the amount which is to be
paid, or the method or frequency with which payment is to be made, the CONTRACTOR shall
advise the appropriate court and the court shall then resolve the disagreement by determining
the Participant’s ability to pay, the amount which is to be paid, and the method and frequency
with which payment shall be made.
D. Record Keeping
1. CONTRACTOR shall be responsible for entering into its host
computer, as such information is provided by COUNTY, all required demographic, curfew and
system configuration data, date of termination data and all other data that is required for
monitoring the transmission data of each Participant sentenced to Probation’s EM Program.
EXHIBIT A
2. CONTRACTOR shall maintain census information on all
Participants for statistical compilation.
3. CONTRACTOR shall print a summary of all transmissions
received during the monitoring of each sentenced Participant upon the Participant’s
completion of his/her electronic monitoring term as ordered by the Courts.
4. CONTRACTOR shall retain and make available to COUNTY all
records required to be maintained under this Subsection I-D throughout the duration of this
Agreement, plus two additional years beyond the term of the Agreement for each Participant
under this Agreement.
5. CONTRACTOR shall document and maintain violation reports
(i.e., record of each Participant’s violation of Probation EM Program rules) and equipment
status information for each Participant for the duration of this Agreement.
E. Notification Policy
1. Once Participant has been enrolled in Probation’s EM Program
and is active on the monitor, CONTRACTOR shall notify Probation staff of the enrollment via
e-mail by 8:30 a.m. of the next COUNTY business day.
2. All violations, except absconds as defined in Section I-E. 3 herein
below, shall be reported to Probation staff by CONTRACTOR via phone between 8:00 a.m.
and 5:00 p.m. followed by e-mail. If the violation occurs after 5:00 p.m., CONTRACTOR shall
first notify Probation staff via phone between 8:00 and 8:30 a.m. the next COUNTY business
day, followed by e-mail notification.
3. All absconds (i.e., where the Participant has left the residence and
failed to return and remains out of contact) shall be reported to Probation staff by
CONTRACTOR via phone followed by e-mail within thirty (30) minutes of the violation,
EXHIBIT A
between the hours of 8:00 a.m. and 5:00 p.m. If the abscond occurs after 5:00 p.m.,
CONTRACTOR shall notify Probation staff via phone between 8:00 and 8:30 a.m. the next
COUNTY business day, followed by e-mail notification.
4. CONTRACTOR shall notify Probation staff of any changes to the
Participant’s schedule (in and out times) via a Schedule Adjustment report to be e-mailed to
Probation staff once per week for those Participants with changes. The Chief Probation
Officer or his/her designee and CONTRACTOR shall agree on a set weekday for this to occur.
CONTRACTOR may approve minor schedule changes, such as a leave to attend a dentist
appointment. More significant changes to the Participant’s schedule, such as a change to
his/her work schedule or increased hours away from the residence on a regular basis must be
pre-approved by Probation staff.
5. CONTRACTOR shall provide Probation staff via e-mail with a daily
Activity report for each Participant that includes, but may not be limited to, the following:
leaves, entries and tamper messages.
6. A brief overview of a Participant’s compliance status in Probation’s
EM Program shall be provided to Probation staff by CONTRACTOR on a monthly basis. This
report shall include, but not be limited to: current or past due with fee payments and bi-weekly
check-in attendance.
7. Any changes made to the Participant’s address, phone number, or
other contact information shall be e-mailed to Probation staff by 8:30 a.m. the next COUNTY
business day.
8. CONTRACTOR shall notify Probation via phone followed by e-mail
within one hour of a Participant being terminated from EM due to failure to pay fees and/or
failure to comply with Work Furlough Program rules.
EXHIBIT A
9. Once Participant has served his/her term, paid all fees, and
returned all electronic monitoring equipment, CONTRACTOR shall notify Probation by e-mail
by 8:30 a.m. the next COUNTY business day that Participant has completed the Program.
10. Other notification procedures may be implemented by agreement
between the Chief Probation Officer or his/her designee and CONTRACTOR. In the event
CONTRACTOR’S e-mail system is temporarily inoperable, a fax notification shall be utilized
until the email system is operable again.
II. OBLIGATIONS OF COUNTY
A. Probation shall determine Participant eligibility for Probation’s EM
Program. Probation will notify CONTRACTOR of such determinations.
B. Probation shall obtain each Participant’s consent in writing to participate
in Probation’s EM Program and comply with the following rules:
1. The Participant shall remain within the interior premises of his or
her residence during the hours designated by Probation.
2. The Participant shall admit any person or agent designated by
Probation into his or her residence at any time for purposes of verifying the Participant’s
compliance with the conditions of his or her detention.
3. The Participant shall agree to the use of electronic monitoring or
supervising devices for the purpose of helping to verify his or her compliance with the rules
and regulations of the home detention program.
4. The Participant shall agree that Probation may, without further
order of the court, immediately retake the person into custody to serve the balance of his or
her sentence in custody should any of the following occur: (1) if the electronic monitoring or
supervising devices are unable for any reason to properly perform their function at the
EXHIBIT A
designated place of home detention, (2) if the Participant fails to remain within the place of
home detention, (3) if the Participant willfully fails to pay fees to CONTRACTOR as stipulated
in the fee agreement with CONTRACTOR, subsequent to the written notification of the
Participant that the payment has not been received and that return to custody may result, or
(4) if the Participant for any other reason no longer meets the established criteria for
participation in Probation’s EM Program.
Probation shall deliver to Participant and CONTRACTOR a copy of the
above described agreement, and Probation and CONTRACTOR shall retain a copy of such
agreement for their files.
C. The Probation Department shall be responsible for all liaison work with all
involved or related courts. CONTRACTOR agrees to assist the Probation Department as
necessary, i.e., verify violations of Probation’s EM Program.
D. The Probation Department shall provide CONTRACTOR with necessary
demographic and curfew information for each Participant.
III. DAMAGE, THEFT, AND TAMPERING
CONTRACTOR shall be responsible for all damage, theft, tampering or misuse
of electronic monitoring equipment provided to Probation’s EM Program. CONTRACTOR
shall provide replacements, at no cost to COUNTY, in a timely manner for all electronic
monitoring equipment damaged, stolen, tampered with or misused.
IV. TERM
The term of this Agreement shall be for a period of three (3) years, commencing
on July 1, 2017 through and including June 30, 2020. This Agreement may be extended for
two (2) additional consecutive twelve (12) month periods upon written approval of both parties
no later than thirty (30) days prior to the first day of the next twelve (12) month extension
EXHIBIT A
period. The Chief Probation Officer or his or her designee is authorized to execute such
written approval on behalf of the COUNTY based on CONTRACTOR’S satisfactory
performance.
V. TERMINATION
A. Breach of Contract
The COUNTY may immediately suspend or terminate this Agreement in
whole or in part, where in the determination of the COUNTY there is:
(1) A failure to comply with any terms of this Agreement;
(2) A substantially incorrect or incomplete report submitted to the
COUNTY;
(3) Improperly performed service.
B. Evidence of Financial Non-Responsibility
The COUNTY may immediately terminate this Agreement at any time that
the CONTRACTOR fails to demonstrate evidence of financial responsibility by providing proof
of insurance coverage as delineated in Section IX of this Agreement.
C. Cause
Upon the discovery that CONTRACTOR is not in compliance pursuant to
Penal Code section 1203.016, the COUNTY shall give 60 days notice to CONTRACTOR that
the Agreement may be canceled if the specified deficiencies are not corrected. Shorter notice
may be given or the Agreement may be cancelled without notice whenever a serious threat to
public safety is present because the CONTRACTOR has failed to comply with Penal Code
section 1203.016.
D. Without Cause
EXHIBIT A
Under circumstances other than those set forth above, this Agreement
may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of
an intention to terminate.
VI. COMPENSATION
CONTRACTOR shall provide all equipment and services to Probation’s EM
Program at no cost to the COUNTY. CONTRACTOR agrees that Participant is solely liable
for any and all fees and CONTRACTOR shall assess and bill for said fees as outlined in
Section I, Obligations of Contractor, subsection C, Administrative Services, item 2, “Fees” of
this Agreement.
VII. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by CONTRACTOR
under this Agreement, it is mutually understood and agreed that CONTRACTOR, including
any and all of CONTRACTOR’S officers, agents, and employees will at all times be acting and
performing as an independent contractor, and shall act in an independent capacity and not as
an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
method by which CONTRACTOR shall perform its work and function. However, COUNTY
shall retain the right to administer this Agreement so as to verify that CONTRACTOR is
performing its obligations in accordance with the terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law
and the rules and regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have
absolutely no right to employment rights and benefits available to COUNTY employees.
EXHIBIT A
CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its
employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely
responsible and save COUNTY harmless from all matters relating to payment of
CONTRACTOR’S employees, including compliance with Social Security, withholding, and all
other regulations governing such matters. It is acknowledged that during the term of this
Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or
to this Agreement.
VIII. HOLD-HARMLESS
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
and 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.
IX. INSURANCE
Without limiting the COUNTY’S right to obtain indemnification from
CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full
force and effect the following insurance policies throughout the term of this 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
EXHIBIT A
specific coverages including completed operations, products liability, contractual liability, fire
legal liability or any other liability insurance deemed necessary because of the nature of this
contract, to effectuate the purpose of Penal Code section 1203.016(j)(3)(B)(iii) & (iv).
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury
of not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five Hundred
Thousand Dollars ($500,000) per accident and for property damages of not less than Fifty
Thousand Dollars ($50,000), or such coverage with a combined single limit of Five Hundred
Thousand Dollars ($500,000). Coverage should include owned and non-owned vehicles used
in connection with this Agreement.
C. 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 the COUNTY, its officers,
agents and employees, shall be excess only and not contributing with insurance provided
under the 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 Probation Department,
EXHIBIT A
Attention: Probation Administration Division Director, 3333 E. American Ave, Suite B, Fresno,
CA 93725, stating that such insurance coverages 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,
immediately 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.
X. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a
corporation (a for-profit or non-profit corporation) or if during the term of this 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 this agreement. A self-dealing transaction shall mean a transaction
EXHIBIT A
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 Self-Dealing Transaction
Disclosure Form (Exhibit D) and submitting it to the COUNTY prior to commencing with the
self-dealing transaction or immediately thereafter.
XI. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
XII. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement or their rights
or duties under this Agreement without the prior written consent of the other party.
XIII. AUDITS AND INSPECTIONS
The CONTRACTOR shall at any time during business hours, and as often as
the COUNTY may deem necessary, make available to the COUNTY for examination all of its
records and data with respect to the matters covered by this Agreement. The CONTRACTOR
shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all such
records and data necessary to ensure CONTRACTOR’S compliance with the terms of this
Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
CONTRACTOR shall be subject to the examination and audit of the Auditor General for a
period of three (3) years after final payment under this contract (Govt. Code section 8546.7).
XIV. NOTICES
The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
EXHIBIT A
COUNTY: Chief Probation Officer
Fresno County Probation Department
3333 E. American Avenue, Suite B
Fresno, California, 93725
CONTRACTOR: (Title, i.e., President)
(Vendor Name)
(Vendor Address)
_____________, CA _____
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 service,
when deposited in the United States Mail, postage prepaid, addressed to such party.
XV. GOVERNING LAW
Venue for any action arising out of or relating to this Agreement shall only be in
Fresno County, California. The rights and obligations of the parties and all interpretation and
performance of this Agreement shall be governed in all respects by the laws of the State of
California.
XVI. CONFORMANCE WITH ALL APPLICABLE LAWS
CONTRACTOR shall provide the electronic monitoring equipment and services,
as described in this Agreement, in compliance with any applicable standards promulgated by
state correctional agencies and bodies, including but not limited to the Corrections Standards
Authority, and all statutory provisions and mandates, state and county, as appropriate and
applicable to the operation of offender-paid home detention programs and the supervision of
sentenced offenders in a home detention program, including but not limited to Penal Code
sections 1203.016 and 1208.2.
XVII. SURVIVAL
EXHIBIT A
The provisions of subsection I-D.4 and Sections III, VI, VIII, X, and XVI shall survive
any termination or expiration of this Agreement.
XVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CONTRACTOR
and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understandings of any nature whatsoever unless expressly included in this Agreement. In the
event of any inconsistency in interpreting the documents which constitute this Agreement, the
inconsistency shall be resolved by giving precedence in the following order of priority: (1) the
text of this Agreement (excluding Exhibits A and B); (2) Exhibit A; and (3) Exhibit B.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first hereinabove written.
(VENDOR NAME) COUNTY OF FRESNO
________________________________ ______________________________
(Name) Brian Pacheco
President/CEO Chairman, Board of Supervisors
Date: ___________________________ Date: _________________________
ATTEST:
Bernice Seidel, Clerk to Board of Supervisors
By____________________________
Deputy
EXHIBIT A
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
REVIEWED & RECOMMENDED
FOR APPROVAL:
______________________________
Rick Chavez, Chief Probation Officer
APPROVED AS TO LEGAL FORM:
Daniel C. Cederborg, County Counsel
By____________________________
Deputy
APPROVED AS TO ACCOUNTING FORM:
Oscar J. Garcia, CPA
Auditor-Controller/Treasurer-Tax Collector
EXHIBIT A
By_____________________________
Deputy
EXHIBIT A
COUNTY OF FRESNO
ADDENDUM NUMBER: ONE (1)
RFQ NUMBER: 17-062
OFFENDER FUNDED ELECTRONIC MONITORING
Issue Date: April 4, 2017
IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER’S NAME
MARKED CLEARLY ON THE OUTSIDE TO:
COUNTY OF FRESNO, PURCHASING
4525 EAST HAMILTON AVENUE, 2nd Floor
FRESNO, CA 93702-4599
CLOSING DATE OF QUOTATION WILL BE AT 2:00 P.M., ON APRIL 19, 2017.
QUOTATION WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:01 P.M.
All quotation information will be available for review after contract award.
Questions must be submitted on the Bid Page at Public Purchase or contact Heather Stevens, at (559) 600-7110.
NOTE THE FOLLOWING AND ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE
REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER: 17-062 AND INCLUDE THEM IN YOUR
RESPONSE. PLEASE SIGN IN BLUE INK AND RETURN THIS ADDENDUM WITH YOUR QUOTATION.
Closing date has been changed to April 19, 2017 at 2:00 P.M.
Attached are Questions and Answers resulting from the Vendor Conference and those proposed on
Public Purchase.
Attached is information regarding the current contractor.
Excel spreadsheet is available for the Sliding Scale fee pages.
ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE (1) TO RFQ 17-062
COMPANY NAME: (PRINT)
SIGNATURE (In Blue Ink):
NAME & TITLE: (PRINT)
Purchasing Use: CF:HS:st ORG/Requisition: 34300300 / 3431700308
EXHIBIT A
QUESTIONS AND ANSWERS
Q1. Background checks of employees are required. How long does the background
process take?
A1. Approximately 2 to 4 weeks, depending on how quickly the applicant provides the
necessary documentation to our Department (i.e. fingerprints, TB test, etc.).
Q2. Will the County allow a new contractor to start working pending background
checks of employees?
A2. No
Q3. In the rare case of a malfunctioning or damaged piece of equipment, what is the
expectation of time before the damaged equipment has to be replaced? Example, if
a damage happens over a weekend?
A3. Within one business day.
Q4. Is the vendor expected to do any investigation/verification of non -compliance
before reporting a violation to probation?
A4. No, just ensure the information provided is accurate.
Q5. If the offender stops paying the vendor, will probation ter minate the offender from
the program?
A5. No, the provider can choose to discontinue monitoring the defendant.
Q6. Please provide the sliding fee scale used by the current vendor.
A6. Sliding fee scale attached. Please note, under the current provider, cellular RF un its are
not provided/required and therefore the sliding fee scale only reflects the daily rates for
landline RF.
Q7. Does the current provider charge a screening/installation fee in addition to the
sliding scale? If yes, how much?
A7. The current provider currently charges $250 at intake which goes towards an installation
fee and a down payment on daily program fees. Please note, the Probation Department
will allow an installation fee, but it is not to exceed $150 and should be disclosed within
your bid.
Q8. Who is the current provider?
A8. Correctional Healthcare Companies, Inc.
Q9. From the RFP we understand that there is a requirement for offenders to be
employed to be eligible for the program. How come that 3-5 individuals on the
"snapshot" of monthly incomes have no inco me?
A9. Employment is the primary consideration when referring someone to the offender -funded
program, but is not necessarily a requirement. For instance, there may be a defendant
who is 18 or 19 years old and doesn’t have a job yet and a relative is assistin g with paying
the fees.
EXHIBIT A
Q10. On page 16 of the Requirements/Response Section A.4. it states that the vendor
should describe any terminated contracts from 2012 -present, and in A.5. a
description of Pending Lawsuits. (a) Can you confirm that the sections noted
above requiring disclosure of terminated contracts and pending lawsuits take
precedence over the statement in the General Condition section, page 1c #21 which
states that the section only applies to RFP's, not RFQ's, and that any terminated
contracts and lawsuits must be disclosed. (b) Can you confirm that pending
lawsuits refer to lawsuits about a vendor's electronic monitoring or contracted
operations?
A10. (a) Yes, please describe any terminated contracts from 2012 -present and pending
lawsuits.
(b) It refers to any lawsuits relating to a vendor’s electronic monitoring.
Q11. Most electronic monitoring programs charge an installation fee in addition to a
daily fee, typically in the $150 range. Will this be allowed?
A11. Yes. An installation fee will be allowed, but it is not to exceed $150 and needs to be
disclosed within your bid.
Q12. Most electronic monitoring programs ask participants for an equipment guarantee
using a credit card or some other form of guarantee. Will this be allowed?
A12. Most of the defendants most likely do not have a credit card. A down payment of some
sort would be more feasible and should be disclosed within your bid.
Q13. Will the vendor determine the participant fees?
A13. Yes
Q14. Typically a sliding scale is used as a fee assessment guideline only. Participants
usually bring in documentation that allows for lower fees than what might be on a
sliding scale. Therefore, a sliding scale is at times superfluous. Will you permit the
vendor to give a minimum and maximum daily fee, and describe a thorough,
objective process by w hich daily fees will be fairly and consistently assessed?
A14. The daily fee will be based on the sliding scale fee that is provided by the vendor in their
bid. In the quotation schedule, the vendor has the freedom to set their own income
brackets for the varying rates.
Q15. What percentage of current clients use landline vs. cellular units?
A15. Currently the program only utilizes landline units and does not have a historical average to
provide for cellular units, but it is estimated that 60 -70% of the clients will utilize cellular
units.
EXHIBIT A
Q16. While ATT and Verizon have traditionally been the strongest cellular providers, T -
Mobile has significantly improved their cellular service since they were able to
obtain a portion of the ATT spectrum. In fact, we often find that their c overage for
data networks is better than the other providers. The County can find
documentation of this improvement in Fresno County in a September 18, 2015
Fresno Bee article entitled "T-Mobile rolls out new 4G LTE spectrum in Fresno, and
9 other Valley communities"
(http://www.fresnobee.com/news/business/article35695116.html). As such, would
the County be open to T-Mobile as a potential provider for Cellular Services, if the
County was provided additional coverage maps and has the opportunity to test the
service?
A16. Section B.3.d.4 of the “Requirements/Response Section” is deleted and replaced with the
following language: “Contractor shall ensure that the cellular connection for the cellular RF
equipment is on a network that has adequ ate coverage in Fresno County.”
Q17. Can the Quotation Schedule on pages 24 and 25 be provided as an Excel
document?
A17. Yes, it is included with this addendum.
Q18. When do you expect to respond to the questions?
A18. Approximately one week after the vendor conference.
Q19. Can the County provide the Excel spreadsheet for the Quotation Schedule on
pages 24 and 25?
A19. Yes, it is included with this addendum.
Q20. Based on the importance of the County's responses to questions, would the
County consider a two (2) week extension to the proposal due date?
A20. The proposal due date will be extended by one week.
Q21. What is the highest caseload number over last year?
A21. Over the last 12 months the highest caseload number was 27.
Q22. What are the reasons, if known, for current smaller pro gram size compared to
previous years? Is there any possibility of program growth?
A22. The numbers fluctuate, as there is no way to know when a Judge will order the Electronic
Monitoring Program.
Q23. What are the type and models of equipment being used?
A23. BI Homeguard 200 for landline units; Cellular units are currently not used.
Q24. Is weekend/after-hours violation reporting to the agency required or during
business hours only?
A24. Any violations that occur during the weekend/after -hours are to be reported by the vendor
to the agency by the next business day.
EXHIBIT A
Q25. (a) Are any breath alcohol testing (BAT) or continuous alcohol monitoring (CAM)
equipment needed for the program? (b) If so, is sliding scale fee required for these
types of alcohol equipment? (c) Are either of these used with the current
monitoring equipment or standalone only?
A25. (a) No
(b) No
(c) BAT and CAM are not incorporated into the monitoring equipment of the offender -
funded EM program.
Q26. Will GPS ever be required for this program?
A26. No, not at this time.
Q27. Please provide the name of the current vendor as well as a copy of the current
scale being used.
A27. The current vendor is Correctional Healthcare Companies, Inc. Sliding fee scale
attached. Please note, under the current provider, cellular RF units are not
provided/required and therefore the sliding fee scale only reflects the daily rates for
landline RF.
Q28. Please provide the current vendor's fee setting process.
A28. The fees are set by utilizing their sliding fee scale.
Q29. What is the current procedure if participant fails to provide i ncome confirmation at
time of enrollment or claims loss of income while on the program?
A29. The defendant would most likely be denied the program at the initial intake. If they claim
loss of income while on the program, they will still be responsible for payment.
Q30. What is the current population and break -down of their individual assessed fees?
A30. The most current available income breakdown is provided in Exhibit B of the RFQ
(January 2017) and can be cross -referenced with the vendor’s current sliding fee scale
which has been included in this RFQ.
Q31. What is the current monthly revenue being actually collected from the offenders by
the current vendor?
A31. Information not available at this time.
Q32. What is the current arrearage amount pending for the current population as well as
overall for the program for the last year of service?
A32. Information not available at this time.
Q33. Are indigents allowed on program? If so, will County provide subsidy?
A33. No, indigents are not referred to the program.
Q34. Where is the current office location and number of current vendor staff? Can office
space be available for vendor personnel?
A34. The vendor’s current office is located downtown near Van Ness and Kern Streets (2115
N. Kern St. Suite #310, Fresno, CA 93721). The vendor has one case manager assigned
to Probation’s electronic monitoring program. The vendor needs to provide their own
office space.
EXHIBIT A
Q35. Is drug testing required? If so, are lab confirmations mandatory?
A35. Drug testing is not a part of the requested services in this bid. Probation has other
contracts in place for drug testing services and is handled by supervising probation
officers.
Q36. Please describe any remote service call requirements.
A36. Broken, damaged, malfunctioning equipment. Monitors could be removed during the
booking process at the Fresno County Jail and the monitors will have to be retrieved.
Q37. Does the County permit the termination of services for failure to pay fees? If so,
what procedures are permitted?
A37. The provider can choose to discontinue monitoring the defendant, at which time the EM
probation officer should be notified.
Q38. Based on current population count, is a full 40 hour office week required?
A38. Someone will need to be available by phone Monday – Friday, 8:00 AM – 5:00 PM; Office
hours can be reduced to Monday, Wednesday, Friday, 10:00 AM – 5:00 PM.
Q39. The RFQ states that the vendor will be required to go to the offenders home to
retrieve equipment; will the County provide a safe escort for vendor personnel to
enter the offenders' homes? If not, for safety reasons can this requirement be
removed?
A39. This will be addressed on a case by case basis.
Q40. Does County staff require any computer or peripheral equipment for supervision of
the program?
A40. No we do not require it, but we will need to be able to access a web hosted site or be
provided daily emails.
Q41. Will County staff require training? If so, how many staff, and at how many
locations?
A41. Yes, at one location for approximately 10 staff.
Q42. How will the bid proposals be evaluated? What is the Scoring/ Evaluation criteria?
A42. As a Request for Quotation, evaluation is solely based on the lowest bid. Please refer to
Page 23 – Cost Evaluation Methodology.
Q43. What point value will be placed on the proposed fee scale for Evaluation / Scoring?
A43. As a Request for Quotation, evaluation is solely based on the lowest bid. Ple ase refer to
Page 23 – Cost Evaluation Methodology.
Q44. Are the services open to other County agencies?
A44. Probation does not coordinate with other County agencies for these services, but that
does not prevent the services from being offered to them if it is some thing these agencies
are seeking.
Q45. Who is responsible for doing the financial assessment with the sliding scale?
A45. Vendor
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Q46. It is estimated that only 40% of homes have landlines, while 70% of homes have
internet access. In the interest of providing the most practical and reliable
connectivity solution to the participants, would the county please consider adding
a column to the payment schedule for ‘Internet/Ethernet Daily Rate’?
A46. Not at this time.
Q47. If someone doesn’t pay the initial fee, does the current vendor reject services at all?
A47. The vendor could choose to do so.
Q48. If there is no exchange of money between the vendor and the County in terms of
pricing, what was the thought process in deciding this bid to be an RFQ rather than
an RFP?
A48. The department knows what it wants/needs for this program and wants the lowest cost
offered to the clients.
Q49. Does Probation recommend this EM program on pre -sentencing reports to the
Courts?
A49. Very rarely; Probation usually recommends custody time in jail.
Q50. Is the case volume in this contract dictated by the Courts rather than Probation?
A50. The Court orders defendants to be screened for the EM program at which time Probation
determines eligibility and suitability.
Q51. Do you prefer the vendor to have an office downtown or just within the city?
A51. The vendor’s office location does not need to be located downtown, but it does need to be
in close proximity to public transit access.
Q52. Is the current contract up for renewal?
A52. Yes. The current contract expires on June 30, 2017.
Q53. Please provide information on compliance rates and consequences of violations .
A53. Compliance is good. Most clients have a probation term ordered by the courts and are
assigned to a supervising probation officer in addition to the EM probation officer. If there
are alleged electronic monitoring violations, the EM probation officer will advise the
supervising officer of the violations and provide the necessary paperwork and
documentation and they decide if there is enough evidence to pursue a violation of
probation terms.
Q54. How often are in-home visits required by the vendor?
A54. It is rare. Probation will generally request an in -home visit by the vendor only if there is a
technical issue with the equipment.
Q55. Will we have access to their risk-needs assessments so that we may know who we
are dealing with and if there are any safety concerns for our staff?
A55. Safety is a priority to Probation. High-risk and high-violent defendants are generally not
referred to the EM program, but Probation will communicate any potential safety concerns
at referral/intake and if any arise while on probation supervision.
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Q56. Are there many people that want to take advantage of the program, but when they
see the cost to participant they say that they can’t afford it?
A56. They are aware of the costs and their alternatives at the time of intake and will usually
accept the cost because they have a lot to lose if they are in jail for an extended period of
time.
Q57. Will you need expert testimony related to the equipment upon a dispute?
A57. If a violation is contested, yes, the vendor could be subpoenaed to appear for testimony.
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Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must
disclose any self-dealing transactions that they are a party 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).
EXHIBIT D
Page 2 of 2
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date: