Loading...
HomeMy WebLinkAboutAgreement A-18-296 for Master Agreement.pdfAgreement No. 18-2965thJune 1 2 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. 4 CONTRACTOR 5 6 7 See Additional Signature Pages 8 Attached 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR ACCOUNTING USE ONLY: FUND: 1045 SUBCLASS: 10000 ORG No.: 8935 Account No.: 7220 -16- By: COUNTY OF FRESNO ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California 1 2 MASTER AGREEMENT By executing this signature page, CONTRACTOR becomes a signatory to the 3 Master Agreement, dated June. 6 , 2018 and agrees that it is a party to the Agreement 4 with the COUNTY and is bound by its terms. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 6 Effective Date. 7 8 9 10 11 12 13 CONTRACTOR (Authorized Signature) 14 Manuel Arellano, President 15 16 17 A Reliable Plumbing 18 PO Box 9636 19 Fresno, CA 93793 20 21 22 23 24 25 26 27 28 -17- REQUEST FOR STATEMENT OF QUALIFICATIONS NO. 18-030 COUNTY OF FRESNO EMERGENCY RESPONSE AND SUPPLEMENTAL PLUMBING SERVICES Issuance Date: March 6, 2018 Closing Date: March 27, 2018 at 2:00 PM Submittals: Submit RFSQ response electronically on the Bid Page at Public Purchase. Clarifications: All questions and clarifications must be submitted on the Bid Page at Public Purchase before 10:00 AM on March 14, 2018. In the event that it becomes necessary to revise any part of this RFSQ, addenda will be posted to Public Purchase and all agencies and organizations that received the basic RFSQ will be notified. Cost Limit for Agreement(s): $125,000.00 Annually Organization Individual/Contact Person Title Street Address/P.O. Box City State Zip Code Telephone Fax Number E-Mail Address Purchasing Use: HS:YJ ORG/Requisition: 8935 / 1321801108 1 EXHIBIT A TABLE OF CONTENTS PAGE I.INTRODUCTION AND OVERVIEW ...................................................................... 3 II.SCOPE OF WORK ................................................................................................ 3 III.AGREEMENT TERM ............................................................................................. 5 IV.SB854/ PREVAILING WAGE ................................................................................ 5 V.INSURANCE REQUIREMENTS ............................................................................ 6 VI.APPEALS .............................................................................................................. 7 VII.SUBMITTAL REQUIREMENTS ............................................................................. 8 2 EXHIBIT A I. INTRODUCTION AND OVERVIEW The County of Fresno on behalf of the Internal Services Department, Facility Services Division is requesting quotations from qualified vendors to provide emergency response and supplemental plumbing services on an “as-needed” basis at various locations in Fresno County. The County intends to execute one master agreement to up to three (3) qualified vendors to maximize the County’s flexibility and effectiveness in using these services. Vendors are required to provide all services herein requested. Qualified vendors who can demonstrate emergency response and supplemental plumbing services may be awarded a master agreement for a term of up to 3-years with two optional 1-year extensions. The County’s annual expenditure is approximately $125,000 annually on these services. Please note that there are no assurances of any work for qualified vendors during the term of the agreement and that the County guarantees no minimum amount to each qualified vendor. The County reserves the right, at its sole discretion, to terminate this RFSQ process or negotiations with a selected vendor and either perform the work with its staff or begin a new RFSQ process. Nothing herein, or in the process, shall be construed as having obligated the County to pay for any expenses incurred by respondents to this RFSQ, or to the selected vendor(s) prior to Board of Supervisors’ approval on a services agreement. II. SCOPE OF WORK A. General – Qualified vendors shall provide emergency response and supplemental plumbing services on an “as-needed” basis to various County locations. Emergency Response and Supplemental Plumbing Services include, but are not limited to the following: hydro flushing, sewer line video detection, electronic leak detection and line locating, pipe services, excavating, sewer line services, sewer lining and sewer pull. The vendor(s) is required to furnish all labor, equipment, materials, tools, and transportation required to perform the services herein described. Emergency Response Plumbing Services are defined as situations that may pose an immediate risk to Fresno County employees, citizens, business processes, and property. They require urgent intervention to prevent a worsening of a situation. Emergency Response and Supplemental Plumbing Services will be requested on an as-needed basis when County resources are insufficient. The vendor(s) will be required to respond to emergency response service calls, during and after business hours. Details regarding each emergency service request will be relayed at the time of each call. The vendor(s) shall acknowledge within 30 minutes if the request can be fulfilled or the request will be sent to another vendor, including weekends and holidays. All work of a callback nature shall be treated as an emergency and work commenced shall be carried through to completion without delay. Emergency callbacks are categorized as follows: • LEVEL 1 - Requires onsite response in one (1) hour or less. • LEVEL 2 - Requires onsite response in four (4) hours or less. • LEVEL 3 - Requires onsite response at 7:00am, the next normal working day. Determination of call level is at the sole discretion of the Director of Internal Services or his/her authorized representatives. 3 EXHIBIT A B. Qualifications – The qualified vendor(s) shall possess all applicable licenses, registrations, and permits required by the State of California, Fresno County, and/or City of Fresno to perform the scope of work requested. Such license and permits are to be presented to County at contract signing. All services should comply with Federal, State, County and Municipal building ordinances and regulations insofar as the same are binding upon the State and within the jurisdiction where the work is to be performed. If permit or code violations are found with work performed by the bidder, the bidder must correct all violations at no additional charge to Fresno County. C. Workmanship — shall be to the best of trade practices, performed by technicians thoroughly trained and familiar with the respective systems. The vendor(s) shall, at all times, protect building from damage; remove and replace with new work any work damaged by failure to provide protection. Replacement of damaged work will be at no additional cost to the County. All work areas shall be cleaned up and all debris removed by the vendor(s) at the end of the workday. Upon completion of work at each worksite, the vendor shall remove all equipment and surplus material from the premises and legally dispose of it. D. Scheduling of Work – The bidder shall maintain 24 hours a day, 7 days a week emergency availability to coordinate any necessary resolution to system failures or problems. Normal business working hours are defined as 7:00am to 5:00pm, Monday through Friday, unless otherwise indicated by County. All work must be approved by the Facility Services Manager or their designee before work can begin. Vendor(s) responding to a service request shall report to the building manager prior to beginning work, and at the completion of work. E. Security – Security is of great concern to the County. Failure to fully comply with the security requirements below will be considered a breach of security and shall result in termination of any ensuing contract for default. Vendor(s) personnel shall cooperate with all Security personnel at all times and be subject to and conform to County security rules and regulations. Any violations or disregard of these rules may be cause for denial of access to County property. The policies below may change throughout the life of this Agreement, it is the vendor(s) responsibility to request updates from the County. Please see the following exhibits: 1. Background Investigations & Identification (ID) Badges. See Exhibit B. 2. The Prison Rape Elimination Act. See Exhibit C. 3. Probation Juvenile Detention Facilities – No Hostage Policy. See Exhibit D. 4. Fresno Sheriff – Coroner’s Office (FSCO) Jail Detention Facilities – No Hostage Policy. See Exhibit E. F. Compensation Parts, materials, and service work shall be charged as quoted in Exhibit A – Quotation Schedule. Time will be billed for actual time worked. 4 EXHIBIT A G. Invoicing All invoices shall be provided to the Facility Services Manager or their designee for approval. Invoices at a minimum shall include: • Date of service, Time of arrival/departure, Hours of service • Name of technician providing the service • Description of services provided, Building number • Action taken • Status of service • Printed name of County representative authorizing the work • Line itemization of each service provided and cost III. AGREEMENT TERM The term of the Agreement will be three years, unless prior to its expiration its term is extended in writing, for no more than two additional one-year terms, by mutual consent of the Director or his/her designee and the qualified vendor(s). The maximum annual total contract amount is- $125,000. The maximum total five year contract amount is $625,000. Total fees paid to each vendor will be dependent upon the bid provided by contractor. No guarantee is made that the total fee or any fee will be received by the contractor. IV. SB854/ PREVAILING WAGE California law (SB854) now requires public works contractors subject to prevailing wage requirements to register annually with the Department of Industrial Relations (DIR) and pay an annual fee. The County of Fresno will not accept public works bids from contractors and subcontractors who have not registered with the DIR and have not met this requirement. This requirement, found in Labor Code Sections 1725.5 and 1770-1777.7, now applies to all public works projects. Refer to http://www.dir.ca.gov/Public-Works/PublicWorksSB854.html for more information. Contractor must submit verification of DIR registration with their proposal. Failure to submit verification may result in their proposal being considered non-responsive. PREVAILING WAGES: The work to be done on this project will involve the repair, alteration, maintenance, installation,rehabilitation, demolition, construction or reconstruction of public buildings, streets, utilities, and/or other public works. In accordance with Labor Code section 1770, et seq., the Director of the Department of Industrial Relations of the State of California has determined the general prevailing wages rates and employer payments for health and welfare pension, vacation, travel time and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to this public work project. The prevailing wage rates for all hours worked, including holiday and overtime rates, on this project are on file with the Purchasing Department, 4525 E. Hamilton Avenue, Fresno, California 93702, and are herein incorporated by this reference. Information pertaining to applicable Prevailing Wage Rates may be found on the website for the State of California – Department of Industrial Relations: http://www.dir.ca.gov/oprl/PWD/index.htm Information pertaining to applicable prevailing wage rates for apprentices may be found on the website for the State of California Department of Industrial Relations: http://www.dir.ca.gov/oprl/pwappwage/PWAppWageStart.asp It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not less than the prevailing wage rates, including overtime and holiday rates, to all workers, laborers, or mechanics employed on this public work project, including those workers employed as 5 EXHIBIT A apprentices. Further, Contractor and each subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of apprentices. A copy of the above-mentioned prevailing wage rates shall be posted by the Contractor at the job site where it will be available to any interested party. Contractor shall comply with Labor Code section 1775 and forfeit as a penalty to County Two Hundred Dollars ($200.00) for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work done under this project by Contractor or by any subcontractor under Contractor in violation of Labor Code section 1770, et seq. In addition to the penalty, the difference between the prevailing wage rates and amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. Contractor and each subcontractor shall keep an accurate record showing the names, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this public work project. In accordance with Labor Code section 1776, each payroll record shall be certified and verified by a written declaration under penalty of perjury stating that the information within the payroll record is true and correct and that the Contractor or subcontractor complied with the requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its employees on this public work project. These records shall be open at all reasonable hours to inspection by the County, its officers and agents, and to the representatives of the State of California – Department of Industrial Relations, including but not limited to the Division of Labor Standards Enforcement. V. INSURANCE REQUIREMENTS 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. 6 EXHIBIT A 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, ISD-Facility Services, 333 W. Pontiac Way, Clovis, CA 93612, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. VI. 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 RFSQ. 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 RFSQ contradictions, procurement errors, selection discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFSQ process. Purchasing will provide a written response to the complainant within seven (7) working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to appeal to the Purchasing Agent/CAO within seven (7) working days after Purchasing’s notification; except if, notified to appeal directly to the Board of Supervisors at the scheduled date and time. If the protesting bidder is not satisfied with Purchasing Agent/CAO’s decision, the final appeal is with the Board of Supervisors. 7 EXHIBIT A VII. SUBMITTAL REQUIREMENTS Vendors are required to submit all information requested. Content and sequence of the Statement of Qualifications will be as follows: A. Exhibit A – Quotation Schedule (as provided). B. COVER LETTER: A one-page cover letter and introduction including the com pany name and address of the bidder and the nam e, address and telephone number of the person or persons to be used for contact and who will be authorized to make representation for the bidder. Vendor(s) shall state whether the bidder is an individual, partnership or corporation. It will be signed by the individual, partner, or an officer or agent of the corporation authorized to bind the corporation, depending upon the legal status of the business. A corporation submitting a quotation m ay be required to furnish a certificate as to its corporate existence, and satisfactory evidence as to the officer or officers authorized to execute the contract on behalf of the corporation, prior to the final contract award. C. COMPLY/NOT-COMPLY: The following segment states some of the specifications for the services covered under this RFSQ. Interested vendors are instructed to indicate their compliance or non-compliance with the specifications. Compliance and understanding of the specification is to be noted by marking “COMPLY” on the line provided to the right of the specification. Non-compliance is to be indicated by marking “NOT COMPLY” on the line. A detailed statement explaining why they fail to meet the stated specification or requirement must accompany all non-compliant items. Failure to furnish emergency callback service as listed below may result in termination of contract, withholding of payment, and/or another vendor to be hired to complete the work at the current vendor(s) expense. BIDDER TO COMPLETE COMPLY/ NOT COMPLY 1. Vendor possess all applicable licenses, registrations, and permits required by the State of California, Fresno County, and/or City of Fresno to perform the scope of work requested 2. Vendor shall furnish all labor, equipment, materials, tools, and transportation required to perform the services herein described. 3. Vendor shall comply with all the Security exhibits listed on page 2. 4. Contractor and all sub-contractors who perform work must be registered with the California Department of Industrial Relations. 5. Vendor shall only invoice Fresno County for the time spend on the property. Vendor shall not pay for time spent in route or traveling to acquire parts/supplies. 6. Vendor shall follow industry safety standards, and use only industry approved safety equipment in accordance with the manufacturer’s specifications in the performance of all duties. 8 EXHIBIT A BIDDER TO COMPLETE COMPLY/ NOT COMPLY 7. Vendor shall respond to emergency service requests by phone within 30 minutes, including weekends and holidays and provide estimated time to be on property. 8. Emergency callbacks categorized as LEVEL 1 requires onsite response in one (1) hour or less. 9. Emergency callbacks categorized as LEVEL 2 requires onsite response in four (4) hours or less. 10. Emergency callbacks categorized as LEVEL 3 requires onsite response at 7:00 A.M. the next, normal working day. *Please note: Failure to comply to all services requested will not automatically disqualify any bidder. D. CONFLICT OF INTEREST STATEMENT: The vendor(s) may become involved in situations where conflict of interest could occur due to individual or organizational activities that occur within the County. In this section the bidder should address the potential, if any, for conflict of interest and indicate plans, if applicable, to address potential conflict of interest. This section will be reviewed by County Counsel for compliance with conflict of interest as part of the review process. The vendor(s) shall comply will all federal, state and local conflict of interest laws, statutes and regulations. E. BIDDER TO COMPLETE: CONTRACTOR'S LICENSE: Bidder to possess appropriate license for the project in accordance with current regulations/statutes. The bidder shall possess a current State of California contractor’s License, Class C-36 or another license class that covers the work to be performed. The proposal must indicate the license held by the bidder, which enables him/her to perform the work. If the license is other than a Class C-36, the bidder must explain why his/her license(s) is acceptable. The County will review and determine if acceptable. Number and Class: Date of Issue: Bidder must also submit verification of Contractor’s License from the Department of Consumer Affairs – Contractors’ State License Board. Failure to submit verification may result in bidder’s response being considered non-responsive. Public Contract Code Section 7028.15: W here the State of California requires a Contractor’s license, it is a misdemeanor for any person to submit a bid unless specifically exempted. 9 EXHIBIT A SUBCONTRACTORS: List all subcontractors that would perform work in excess of one/half of one percent of the total amount of your bid, and state general type of work such subcontractor would be performing. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor: DIR ACKNOWLEDGEMENT I acknowledge in accordance with labor Code Sections 1725.5 and 1770-1777.7, that I have registered with the Department of Industrial Relations (DIR) and all Certified Payroll Records will be uploaded to the DIR Website. Any additional requirements that materialize from the SB854 legislation will be complied with. Attached is verification of the DIR registration. (Authorized Signature) Title DIR Number 10 EXHIBIT A EXHIBIT A – QUOTATION SCHEDULE Cost for Emergency Response and Supplemental Plumbing Services A. Please itemize your charges for an on-site service technician. Hourly labor rates must include costs for travel and other incidentals. Regular Business Hours After Business Hours Hourly Rate for Technician $_____________/hour $_____________/hour Hourly Rate for Hydro Jetting Sewer Lines (8 GPM, 3200 psi) $_____________/hour $_____________/hour Hourly Rate for Hydro Jetting Sewer Lines (18 GPM, 2500psi) $_____________/hour $_____________/hour Hourly Rate for Hydro Jetting Sewer Lines (65 GPM, 2000psi) $_____________/hour $_____________/hour Hourly Rate for Video Inspections (60 ft. cable) $_____________/hour $_____________/hour Hourly Rate for Video Inspections (100 ft. cable) $_____________/hour $_____________/hour Hourly Rate for Video Inspections (300 ft. cable) $_____________/hour $_____________/hour Hourly Rate for Electronic Leak Detection & Line Locating $_____________/hour $_____________/hour Hourly Rate for Backhoe with Operator $_____________/hour $_____________/hour Hourly Rate for Cutting Saw Operator $_____________/hour $_____________/hour 11 EXHIBIT A B. Additional Repair Items: Cutting Concrete $_____________/per Square Foot Replacement of Concrete $_____________/per Square Foot Cutting Asphalt $_____________/per Square Foot Replacement of Asphalt $_____________/per Square Foot C. Part Cost – Part Cost will be reimbursed at cost. A copy of the original invoice must accompany the invoice for payment. 12 EXHIBIT A EXHIBIT B – BACKGROUND INVESTIGATIONS AND IDENTIFICATION (ID) BADGES Background Investigations Prior to the beginning of any services, one (1) background check must be made for every member of the Contractor’s personnel providing services to a building location for the life of the agreement. The background check will be required before access is given to any County facility/property. Clearance will only be granted after a successful background check, completed by the County of Fresno Sheriff’s Department. Background checks provided by any agency other than the County of Fresno Sheriff’s Department will not be accepted. The current cost of a background check is $52 per person. This cost will be incurred by the successful Bidder. One check covering the cost of background checks for all employees shall be made payable to: Sheriff, County of Fresno. The successful bidder will be notified regarding the result of background checks. Those that are accepted will report to County of Fresno Security to have their photo taken and ID badge issued. Background checks are done on a first-come, first serve basis between the hours of 7:00 a.m and 12:00 noon. Monday through Friday. The process takes approximately 20 minutes. time. The amount of time it takes to receive the result of background checks varies from one day to a month (or longer), dependent upon the individual’s history. Individuals who are cleared through this process are entered into the Department of Justice database. Their records are flagged and the County of Fresno Sheriff’s Department is notified if the person is ever arrested in the future. All applicants’ background checks must be approved prior to entering any County facility. Approval will not be granted to any individual possessing any of the following circumstances: 1. They have been convicted of a felony, or any crime involving moral turpitude, or carrying or possessing a dangerous weapon. 2. They have ever been charged with a felony or are currently under investigation for a felony. 3. They are charged with or convicted of any crime committed in or at a correctional institution. 4. They are currently on parole or probation or are a sentenced inmate at any correctional facility. 5. They have been refused a license as a private investigator or had such license revoked. 6. They have fraudulently represented themselves, their credentials, their employment or their criminal or arrest record on their application. 7. Make omissions or false statements on their application. 8. They have no valid reason for entering a facility. 9. Their admission into a facility could represents a threat to security, staff or inmate safety. 10. Further information regarding the criteria for background check clearance, including an appeal for process for someone who may be denied clearance is available upon request. Identification (ID) Badges The successful bidder’s employees will be issued a badge that must be worn and be visible at all times during performance of work in any County building to identify the wearer as an individual who is authorized to enter County facilities. 1. ID badges will be given only after successfully completing the background investigation. ID badges will be issued when the photo is taken. If electronic access to any County facility is required, activation of the badge may take an additional 48 hours to complete. 2. The successful Bidder shall pay $11.99 per individual badge by submitting one check covering the cost for all the Bidder’s employees made payable to: County of Fresno, Security. 13 EXHIBIT A 3. Costs for ID badges are established by County Auditor and fluctuate annually, therefore the cost of obtaining a new ID badge for a Bidder’s new employee may not remain the same throughout the contract term. 4. The wearer will not escort or bring any other individuals into any County facilities. County issued ID badges are for the exclusive use of the individual named and pictured on the badge. 5. All ID badges will remain the property of the County and are returnable upon demand or upon the expiration of the contract. The successful Bidder will be responsible for collecting all ID badges issued and turning them in to the County Security Office when a contract ends or when an employee leaves employment. The Bidder will assumes all responsibility for their employee’s use of and the return of the County ID badges. 6. The ID badges will only be issued to individuals passing the Background check. Each individual will need to present themselves in person with a valid, clean, and legible copy of a Driver’s license or State issued Identification Card to receive an ID badge. 14 EXHIBIT A EXHIBIT C – THE PRISON RAPE ELIMINATION (PREA)ACT All bidders must comply with the Prison Rape Elimination (PREA) Act as stated below: “CONTRACTOR shall comply with all Prison Rape Elimination (PREA) Act standards for juvenile correctional facilities. Training will be provided by Probation at no charge to CONTRACTOR.” “CONTRACTOR will ensure that all staff assigned to work at the Juvenile Justice Campus (JJC) undergo a pre-employment Live Scan and criminal background security clearance by the Probation Department at no charge to CONTRACTOR. No alcoholic beverages/drugs will be brought into any facility. Nor will anyone under the influence of alcoholic beverages or drugs be allowed inside. In the event of any disturbance inside the facilities, the CONTRACTOR’S employees will immediately follow the orders of the Facility Administrator or his/her designees. CONTRACTOR shall comply with all Probation Department Policies and Procedures. In the event of a dispute involving COUNTY staff and the contract employee, the on-duty Facility Administrator will have the final decision.” INFORMATION ON THE PRISON RAPE ELIMINATION ACT CAN BE FOUND HERE: http://www.prearesourcecenter.org/ 15 EXHIBIT A EXHIBIT D – NO HOSTAGE SITUATIONS Authority: Title 15; Section 1327; California Code of Regulations Subject: Hostage Situations Policy Number: 326.0 Page: 1 of 2 Date Originated: April 1, 2004 Date Revised: February 1, 2008 It is imperative for the safety and security of all persons within Juvenile Justice Campus (JJC) facilities, as well as for those in the community, that minors are not allowed to leave the secure confines of the facilities by the taking of a hostage(s). If successful in securing a release through these means minors would be much more likely in the future to use this practice again in an attempt to escape the confines of the facilities. This would put those visiting and working at the JJC at higher level of risk and would jeopardize the safety of the community if the minor was in fact successful in securing his/her release. The JJC is a “no-hostage” facility. This means that minors will not be released from custody under any circumstances due to the taking of a hostage(s). Any staff person taken hostage, no matter what their rank or status, immediately loses their authority and any orders issued by that person will not be followed. I. HOSTAGE SITUATION PROCEDURES A. If any minor(s) and/or other person(s) in the facility attempt to hold any person hostage, and they do not respond to verbal commands to stop staff will immediately notify the Watch Commander. He/she will respond to the location and assess the situation. If a hostage situation is in progress the Watch Commander will: 1. Summon assistance from other officers as required. 2. Establish a secure perimeter around the hostage takers and allow no one to pass into it for any reason without authorization. Risks should not be taken that might allow the taking of additional hostages. 3. Evacuate all non-essential persons at the scene to a safe location or any housing pod that is not directly involved in the incident. 4. Direct officers to place minors in uninvolved housing pods in their rooms and have them remain there until directed otherwise. Minors outside of housing pods will remain in place under officer supervision until it is safe to return to their respective housing pods or any housing pod that is not directly involved in the incident. 5. Immediately notify the Director or the Probation Services Manager/Assistant Director in his/her absence and confer with higher authority as to action to be taken. Administration in turn will notify the Chief. 16 EXHIBIT A Subject: Hostage Situation Policy #: 326.0 Page 2 of 2 B. The Fresno Sheriff’s Dispatch Center (488-3111) will be notified immediately and a request for a trained hostage negotiator and other emergency personnel will be made as needed. Prior to the arrival of the Sheriff Department’s hostage negotiator the Watch Commander will attempt to ascertain: 1. The number and identity of both the hostages and hostage takers; 2. Any known weapons possessed by the hostage takers; 3. The demands of the hostage takers. C. The Watch Commander will retain and direct departing custody officers, as well as, available Probation peace officer staff to assist with security and safety needs, as necessary. Additional Juvenile Correctional Officers should be called in as may be needed to insure the safe and secure operation of the facility. D. The Watch Commander will coordinate with the Sheriff’s Department all activities taken to resolve the hostage situation, including the use of appropriate force, and will maintain control of the facility until relieved of that duty by the presence of a Probation Services Manager/Assistant Director, Director, or the Chief Probation Officer. E. Once the hostage situation has been resolved the minors involved should be housed in the most secure setting available and all appropriate charges should be filed. F. Each officer and/or non-sworn staff member who was involved or observed the incident will complete an incident report and if required, the appropriate critical incident evaluation report(s) regarding the details of the incident prior to the end of his/her shift. (See Incident Report, located in JAS Probation View, under “Word Templates”.) G. The Watch Commander will prepare a Critical Incident Investigation Report, using the Critical Incident Evaluation Report - Page 2 report form and the critical incident evaluation report(s) completed by the reporting persons at the time of the incident. II. PARENTAL AND MEDIA INFORMATION A. Attempts will be made at the direction of Administration to reach the families of the hostages to advise them of the situation. Notification will also be made to the parents of the hostage takers as deemed appropriate. B. All media inquiries will be referred to the Chief’s office per departmental policy. III. SECURITY AND OPERATIONAL REVIEW A. Once the incident has been resolved a team will be established to conduct a security and operational review of the incident. The review will be conducted within 2 days of the resolution of the incident. The review team will be comprised of the facility administrator and/or facility Director, Probation Services Manager/Assistant Director and Supervising Juvenile Correctional Officers who are relevant to the incident. The team will review the circumstances leading up to the incident and any necessary corrective action necessary to insure that such an incident does not repeat itself. 17 EXHIBIT A EXHIBIT E – NO HOSTAGE POLICY EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-06-96, 09-01-99, 12-01-10 APPROVED BY: Sheriff M. Mims BY: Assistant Sheriff T. Gattie AUTHORITY: California Code of Regulations, Title 15, Section 1029(a)(7)(B) and Penal Code Section 236. PURPOSE: The purpose of this policy is to establish procedures which provide for the resolution of a hostage-taking incident while preserving the safety of staff, public, inmates, and hostages, and maintaining facility security. POLICY: The Fresno County Sheriff's Office Jail Division maintains a NO HOSTAGE FACILITY and will not consider bargaining with hostage takers for ANY reason. It is the policy of the Fresno County Sheriff's Office Jail Division that once any staff member is taken hostage, they immediately lose their authority and any orders issued by that person will not be followed regardless of their rank or status. It is the policy of the Fresno County Sheriff's Office Jail Division that the primary responsibility of all staff members in a hostage situation is to protect every person involved, if possible, from serious injury or death. PROCEDURES: I. DEFINITION HOSTAGE SITUATION: any staff member, citizen or inmate held against their will by another person for the purpose of escape, monetary gain or any reason which may place an individual in danger of losing life or suffering serious injury. II. NOTIFICATIONS, CONTAINMENT AND CONTROL OF THE SITUATION A. Emergency procedures and notifications shall be implemented as per Emergency Planning procedures (B-101/FILE: EMERGENCY). 18 EXHIBIT A EXHIBIT B 1 EXHIBIT B-11 EXHIBIT B-12 EXHIBIT B-13 EXHIBIT B-14 EXHIBIT B-15 EXHIBIT B-16 EXHIBIT B-17 Exhibit C Page 1 of 1 LIST OF CONTRACTORS CONTRACTOR NAME ADDRESS CONTACT INFORMATION 1.A Reliable Plumbing P.O. Box 9636 Fresno, CA 93793 Contact: A Reliable Plumbing Phone: (559) 229-7354 E-mail: areliableplumbing@gmail.com 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit D 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 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 board members 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 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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: EXHIBIT D 2