HomeMy WebLinkAboutAgreement A-24-101 with San Joaquin Glass Company Inc..pdf Agreement No. 24-101
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated March 5, 2024 and is between
3 San Joaquin Glass Company, Inc., a California corporation ("Contractor"), and the County of
4 Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. The County has a need for glass replacement, installation, and repair services.
7 B. The County issued Request for Quotation (RFQ) No. 24-006 on August 25, 2023, for
8 glass replacement, installation, and repair services on as as-needed basis for County facilities
9 located through Fresno County.
10 C. The Contractor submitted the only overall response bid for providing the services
11 requested in the RFQ.
12 D. The County evaluated the Contractor's response to the RFQ and determined that the
13 Contractor is qualified, capable, and willing to perform the work specified in the RFQ.
14 The parties therefore agree as follows:
15 Article 1
16 Contractor's Services
17 1.1 Scope of Services. The Contractor shall perform all of the services provided in
18 Exhibit A to this Agreement, titled "Scope of Services."
19 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
20 able to perform all of the services provided in this Agreement.
21 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
22 applicable federal, state, and local laws and regulations in the performance of its obligations
23 under this Agreement, including but not limited to workers compensation, labor, and
24 confidentiality laws and regulations.
25 1.4 Immigration Reform and Control Act of 1986. The Contractor warrants on behalf
26 of itself and all subcontractors engaged for the performance of this Agreement that only persons
27 authorized to work in the United States pursuant to the Immigration Reform and Control Act of
28
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1 1986 and other applicable laws shall be employed in the performance of the Contractor's Work
2 under pursuant to the job order or orders under this Agreement ("Work").
3 1.5 Confidentiality of Inmates/Wards/Patients/Clients Identity. Some the Work to be
4 performed under this Agreement may occur in secured facilities or facilities that require
5 confidentiality. The Contractor shall alert and inform its employees and agents that State law
6 requires that the identities of inmates/wards/patients/clients be kept confidential. Revealing the
7 identities of inmates/wards/patients/clients is punishable by law.
8 1.6 Confidentiality. All services performed by the Contractor shall be in strict
9 conformance with all applicable Federal, State of California, and/or local laws and regulations
10 relating to confidentiality, including but not limited to, California Civil Code, California Welfare
11 and Institutions Code, California Health and Safety Code, California Code of Regulations, and
12 the Code of Federal Regulations.
13 (A) The Contractor shall submit to the County's monitoring of said compliance. The
14 Contractor may be a business associate of the County, as that term is defined in the "Privacy
15 Rule" enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a
16 HIPAA Business Associate, the Contractor may use or disclose protected health information
17 ("PHI") to perform functions, activities or services for or on behalf of the County as specified by
18 the County, provided that such use or disclosure shall not violate HIPAA and its implementing
19 regulations. The uses and disclosures if PHI may not be more expansive than those applicable
20 to the County, as the "Covered Entity" under HIPAA's Privacy Rule, except as authorized for
21 management, administrative, or legal responsibilities of the Business Associate.
22 (B) The Contractor shall not use or further disclose PHI other than as permitted or
23 required by the County, or as required by law without written notice to the County. The
24 Contractor shall ensure that any agent, including any subcontractor, to which the Contractor
25 provides PHI received from, or created or received by the Contractor on behalf of the County,
26 shall comply with the same restrictions and conditions with respect to such information.
27 1.7 Security. Security is of great concern to the County. Failure to comply with the
28 security requirements listed below will be considered a breach of contract, and may result in
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1 termination of this Agreement and any Job Order for default. The Contractor's personnel shall
2 cooperate with all County security personnel at all times, and shall be subject to and conform to
3 County security rules and regulations, including, but not limited to County security rules and
4 procedures, as detailed in Exhibits E through H. Any violations or disregard of these rules may
5 be cause for denial of access to County property. The background checks required, and policies
6 listed below, may change throughout the life of this Agreement. It is the Contractor's
7 responsibility to request updates from the County. All of the Contractor's employees, agents,
8 and subcontractors must read the policies listed below. Please see the following Exhibits:
9 . Exhibit E — Probation Juvenile Detention Facilities — No Hostage Policy.
10 . Exhibit F — Fresno Sheriff— Coroner's Office (FSCO) Jail Detention Facilities — No
11 Hostage Policy.
12 . Exhibit G —The Prison Rape Elimination Act.
13 . Exhibit H — Background Investigations & Identification (ID) Badges.
14 (A) Security provisions will be strictly enforced. All parties who are required to
15 perform their individual services at the site shall be limited to the area required to complete the
16 Work. Such access shall be obtained by notification to the Facility Services Manager or his
17 designee, of the time and place, prior to commencing the Work.
18 (B) All keys used during construction shall be numbered. Each key issued shall be
19 recorded, and its prompt return shall be strictly enforced. Duplication of any keys issued is
20 strictly prohibited. These keys shall be returned to the County's representative at the end of
21 each working day, when required.
22 (C) Some of the Projects to be done under this Agreement may be in secured facilities
23 such as jails. Prior to commencement of Work, the Contractor, including all subcontractor and
24 contractors, shall obtain security clearances for all employees that will be working or making
25 deliveries to the sites.
26 (D) When Work is performed in secured facilities, it is incumbent upon the Contractor to
27 alert all workmen of the necessity for extreme care in accounting for, and keeping all areas free
28 of any and all types of hand tools, power tools, small parts, scrap material, and all other
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1 materials which might be concealed upon the person of an inmate/ward/patient, at all times
2 when such tools and materials are not used for the task at hand.
3 (E) Each Work area shall be kept clean and in order both during working hours and at
4 the completion of the working day.
5 1.8 Prevailing Wage. In accordance with Labor Code section 1770, et seq., the Director
6 of the Department of Industrial Relations of the State of California has determined the general
7 prevailing wage rates and employer payments for health and welfare, pension, vacation, travel
8 time and subsistence pay as provided for in section 1773.1, apprenticeship or other training
9 programs authorized by section 3093, and similar purposes applicable to the work to be done.
10 Information pertaining to applicable Prevailing Wage Rates may be found on the website
11 for the State of California— Department of Industrial Relations:
12 http://www.dir.ca.gov/oprl/PWD/index.htm.
13 Information pertaining to applicable prevailing wage rates for apprentices may be found
14 on the website for the State of California — Department of Industrial Relations:
15 http://www.dir.ca.gov/oprl/pwappwage/PWAppWageStart.asp.
16 It shall be mandatory upon the Contractor and upon any subcontractor to pay not less
17 than the prevailing wage rates, including overtime and holiday rates, to all workers, laborers, or
18 mechanics employed on this public work project, including those workers employed as
19 apprentices. Further, the Contractor and each subcontractor shall comply with Labor Code
20 sections 1777.5 and 1777.6 concerning the employment of apprentices. A copy of the above-
21 mentioned prevailing wage rates shall be posted by the Contractor at the job site where it will be
22 available to any interested party.
23 The Contractor shall comply with Labor Code section 1775, and shall forfeit as a penalty
24 to the County $200.00 for each calendar day or portions thereof, for each worker paid less than
25 the prevailing wage rates for the work or craft in which the worker is employed for any work
26 done under this project by the Contractor or by any subcontractor under the Contractor in
27 violation of Labor Code section 1770, et seq. In addition to the penalty, the difference between
28 the prevailing wage rates and amount paid to each worker for each calendar day or portion
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1 thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
2 worker by the Contractor or subcontractor.
3 The Contractor and each of its subcontractors shall keep a log showing the name,
4 address, social security number, work classification, straight time and overtime hours worked
5 each day and week, and the actual per diem wages paid to each journeyman, apprentice,
6 worker, or other employee employed by him or her in connection with this public work project. In
7 accordance with Labor Code section 1776, each payroll record shall be certified and verified by
8 a written declaration under penalty of perjury stating that the information within the payroll
9 record is true and correct, and that the Contractor or subcontractor has complied with the
10 requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its
11 employees on this public work project. These records shall be open at all reasonable hours to
12 inspection by the County, its officers, and agents, and to the representatives of the State of
13 California — Department of Industrial Relations, including but not limited to the Division of Labor
14 Standards Enforcement.
15 1.9 Subcontracting Work. The Contractor shall not subcontract more than 20 percent
16 of the total work performed.
17 Article 2
18 County's Responsibilities
19 2.1 The County shall comply with all responsibilities as set forth in this Article 2.
20 2.2 County Representative. The County shall provide a County representative ("County
21 Representative") to represent the County and who will work with the Contractor to carry out the
22 Contractor's obligations under this Agreement. The County Representative will be the County's
23 Facilities Division Manager and his or her designee.
24 Article 3
25 Compensation, Invoices, and Payments
26 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
27 the performance of its services under this Agreement as described in Exhibit B to this
28 Agreement, titled "Compensation and Pricing."
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1 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
2 under this Agreement is $400,000 for the initial three-year term of this Agreement. In the event
3 this Agreement is extended for its first optional one-year extension ("Year 4"), the total
4 compensation payable to the Contractor under this Agreement is $475,000. In the event this
5 Agreement is extended for its final one-year extension ("Year 5"), the total compensation
6 payable to the Contractor under this Agreement is $550,000. In the event the total maximum
7 compensation amount in the Initial Term, Year 4, and/or Year 5 is not fully expended, the
8 remaining unspent funding amounts shall roll over to each subsequent term's established
9 maximum compensation.
10 The Contractor acknowledges that the County is a local government entity, and does so with
11 notice that the County's powers are limited by the California Constitution and by State law, and
12 with notice that the Contractor may receive compensation under this Agreement only for
13 services performed according to the terms of this Agreement and while this Agreement is in
14 effect, and subject to the maximum amount payable under this section. The Contractor further
15 acknowledges that County employees have no authority to pay the Contractor except as
16 expressly provided in this Agreement.
17 3.3 Invoices. The Contractor shall submit monthly invoices referencing the provided
18 agreement number to the County of Fresno, Facility Services, Attention: Manager, 4590 E.
19 Kings Canyon Road, Fresno, CA 93702, ISDFacilitiesAP@fresnocountyca.gov. Each invoice
20 shall reference this agreement number, the FAMIS (the County's computerized maintenance
21 management system) work order number, the date of service, arrival and departure time,
22 address of serviced building, specific area where work was performed, description of services
23 provided, number of service hours and hourly rates for services provided, materials used and
24 cost of materials, notice that warranty of any new material installed was provided, the printed
25 name of the County representative who authorized the work, and the name of the vendor and
26 vendor technician that provided the service. The Contractor shall submit each invoice within 60
27 days after the month in which the Contractor performs services and in any case within 60 days
28 after the end of the term or termination of this Agreement.
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1 3.4 Payment. The County shall pay each correctly completed and timely submitted
2 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
3 address specified in the invoice.
4 3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
5 expenses that are not specified as payable by the County under this Agreement.
6 Article 4
7 Term of Agreement
8 4.1 Term. This Agreement is effective the date that the parties sign this Agreement
9 ("Effective Date") and terminates three years from the Effective Date ("Initial Term"), except as
10 provided in section 4.2, "Extension," or Article 6, "Termination and Suspension," below.
11 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
12 year periods only upon written approval of both parties at least 30 days before the first day of
13 the next one-year extension period. The Director of Internal Services/Chief Information Officer
14 or his or her designee is authorized to sign the written approval on behalf of the County based
15 on the Contractor's satisfactory performance. The extension of this Agreement by the County is
16 not a waiver or compromise of any default or breach of this Agreement by the Contractor
17 existing at the time of the extension whether or not known to the County.
18 Article 5
19 Notices
20 5.1 Contact Information. The persons and their addresses having authority to give and
21 receive notices provided for or permitted under this Agreement include the following:
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For the County:
23 Director of Internal Services/Chief Information Officer
County of Fresno
24 333 W. Pontiac Way
Clovis, CA 93612
25 isdcontracts(a)fresnocountyca.gov
26 For the Contractor:
Anthony Salcedo, Vice President
27 San Joaquin Glass Company, Inc.
2150 E. McKinley Ave.
28 Fresno, CA 93703
anthony@sjglass.com
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5.2 Change of Contact Information. Either party may change the information in section
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5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and the Contractor provided
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for or permitted under this Agreement must be in writing, state that it is a notice provided under
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this Agreement, and be delivered either by personal service, by first-class United States mail, by
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an overnight commercial courier service, or by Portable Document Format (PDF) document
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attached to an email.
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(A) A notice delivered by personal service is effective upon service to the recipient.
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(B) A notice delivered by first-class United States mail is effective three County
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business days after deposit in the United States mail, postage prepaid, addressed to the
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recipient.
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(C)A notice delivered by an overnight commercial courier service is effective one
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County business day after deposit with the overnight commercial courier service,
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delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
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the recipient.
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(D)A notice delivered by PDF document attached to an email is effective when
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transmission to the recipient is completed (but, if such transmission is completed outside
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of County business hours, then such delivery is deemed to be effective at the next
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beginning of a County business day), provided that the sender maintains a machine
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record of the completed transmission.
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5.4 Claims Presentation. For all claims arising from or related to this Agreement,
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nothing in this Agreement establishes, waives, or modifies any claims presentation
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requirements or procedures provided by law, including the Government Claims Act (Division 3.6
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of Title 1 of the Government Code, beginning with section 810).
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Article 6
26
Termination and Suspension
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6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
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contingent on the approval of funds by the appropriating government agency. If sufficient funds
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1 are not allocated, then the County, upon at least 30 days' advance written notice to the
2 Contractor, may:
3 (A) Modify the services provided by the Contractor under this Agreement; or
4 (B) Terminate this Agreement.
5 6.2 Termination for Breach.
6 (A) Upon determining that a breach (as defined in paragraph (C) below) has
7 occurred, the County may give written notice of the breach to the Contractor. The written
8 notice may suspend performance under this Agreement, and must provide at least 30
9 days for the Contractor to cure the breach.
10 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
11 time stated in the written notice, the County may terminate this Agreement immediately.
12 (C) For purposes of this section, a breach occurs when, in the determination of the
13 County, the Contractor has:
14 (1) Obtained or used funds illegally or improperly;
15 (2) Failed to comply with any part of this Agreement;
16 (3) Submitted a substantially incorrect or incomplete report to the County; or
17 (4) Improperly performed any of its obligations under this Agreement.
18 6.3 Termination without Cause. In circumstances other than those set forth above, the
19 County may terminate this Agreement by giving at least 30 days advance written notice to the
20 Contractor.
21 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
22 under this Article 6 is without penalty to or further obligation of the County.
23 6.5 County's Rights upon Termination. Upon termination for breach under this Article
24 6, the County may demand repayment by the Contractor of any monies disbursed to the
25 Contractor under this Agreement that, in the County's sole judgment, were not expended in
26 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
27 demand. This section survives the termination of this Agreement.
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1 Article 7
2 Independent Contractor
3 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
4 agents, employees, and volunteers, is at all times acting and performing as an independent
5 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
6 venturer, partner, or associate of the County.
7 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
8 manner or method of the Contractor's performance under this Agreement, but the County may
9 verify that the Contractor is performing according to the terms of this Agreement.
10 7.3 Benefits. Because of its status as an independent contractor, the Contractor has no
11 right to employment rights or benefits available to County employees. The Contractor is solely
12 responsible for providing to its own employees all employee benefits required by law. The
13 Contractor shall save the County harmless from all matters relating to the payment of the
14 Contractor's employees, including compliance with Social Security withholding and all related
15 regulations.
16 7.4 Services to Others. The parties acknowledge that, during the term of this
17 Agreement, the Contractor may provide services to others unrelated to the County.
18 Article 8
19 Indemnity and Defense
20 8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
21 County (including its officers, agents, employees, and volunteers) against all claims, demands,
22 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
23 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
24 the performance or failure to perform by the Contractor (or any of its officers, agents,
25 subcontractors, or employees) under this Agreement. The County may conduct or participate in
26 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
27 defend the County.
28 8.2 Survival. This Article 8 survives the termination of this Agreement.
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1 Article 9
2 Insurance
3 9.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
4 Agreement.
5 Article 10
6 Inspections, Audits, and Public Records
7 10.1 Inspection of Documents. The Contractor shall make available to the County, and
8 the County may examine at any time during business hours and as often as the County deems
9 necessary, all of the Contractor's records and data with respect to the matters covered by this
10 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
11 request by the County, permit the County to audit and inspect all of such records and data to
12 ensure the Contractor's compliance with the terms of this Agreement.
13 10.2 State Audit Requirements. If the compensation to be paid by the County under this
14 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
15 California State Auditor, as provided in Government Code section 8546.7, for a period of three
16 years after final payment under this Agreement. This section survives the termination of this
17 Agreement.
18 10.3 Public Records. The County is not limited in any manner with respect to its public
19 disclosure of this Agreement or any record or data that the Contractor may provide to the
20 County. The County's public disclosure of this Agreement or any record or data that the
21 Contractor may provide to the County may include but is not limited to the following:
22 (A) The County may voluntarily, or upon request by any member of the public or
23 governmental agency, disclose this Agreement to the public or such governmental
24 agency.
25 (B) The County may voluntarily, or upon request by any member of the public or
26 governmental agency, disclose to the public or such governmental agency any record or
27 data that the Contractor may provide to the County, unless such disclosure is prohibited
28 by court order.
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1 (C)This Agreement, and any record or data that the Contractor may provide to the
2 County, is subject to public disclosure under the Ralph M. Brown Act (California
3 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
4 (D)This Agreement, and any record or data that the Contractor may provide to the
5 County, is subject to public disclosure as a public record under the California Public
6 Records Act (California Government Code, Title 1, Division 10, Chapter 3, beginning
7 with section 7920.200) ("CPRA").
8 (E) This Agreement, and any record or data that the Contractor may provide to the
9 County, is subject to public disclosure as information concerning the conduct of the
10 people's business of the State of California under California Constitution, Article 1,
11 section 3, subdivision (b).
12 (F) Any marking of confidentiality or restricted access upon or otherwise made with
13 respect to any record or data that the Contractor may provide to the County shall be
14 disregarded and have no effect on the County's right or duty to disclose to the public or
15 governmental agency any such record or data.
16 10.4 Public Records Act Requests. If the County receives a written or oral request
17 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
18 and which the County has a right, under any provision of this Agreement or applicable law, to
19 possess or control, then the County may demand, in writing, that the Contractor deliver to the
20 County, for purposes of public disclosure, the requested records that may be in the possession
21 or control of the Contractor. Within five business days after the County's demand, the
22 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
23 possession or control, together with a written statement that the Contractor, after conducting a
24 diligent search, has produced all requested records that are in the Contractor's possession or
25 control, or (b) provide to the County a written statement that the Contractor, after conducting a
26 diligent search, does not possess or control any of the requested records. The Contractor shall
27 cooperate with the County with respect to any County demand for such records. If the
28 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
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1 CPRA or other applicable law, it must deliver the record or data to the County and assert the
2 exemption by citation to specific legal authority within the written statement that it provides to
3 the County under this section. The Contractor's assertion of any exemption from disclosure is
4 not binding on the County, but the County will give at least 10 days' advance written notice to
5 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
6 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
7 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
8 failure to produce any such records, or failure to cooperate with the County with respect to any
9 County demand for any such records.
10 Article 11
11 Disclosure of Self-Dealing Transactions
12 11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation,
13 or changes its status to operate as a corporation.
14 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
15 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
16 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
17 the County before commencing the transaction or immediately after.
18 11.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
19 a party and in which one or more of its directors, as an individual, has a material financial
20 interest.
21 Article 12
22 General Terms
23 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
24 Agreement may not be modified, and no waiver is effective, except by written agreement signed
25 by both parties. The Contractor acknowledges that County employees have no authority to
26 modify this Agreement except as expressly provided in this Agreement.
27 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
28 under this Agreement without the prior written consent of the other party.
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1 12.3 Governing Law. The laws of the State of California govern all matters arising from
2 or related to this Agreement.
3 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
4 County, California. The Contractor consents to California jurisdiction for actions arising from or
5 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
6 brought and maintained in Fresno County.
7 12.5 Construction. The final form of this Agreement is the result of the parties' combined
8 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
9 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
10 against either party.
11 12.6 Days. Unless otherwise specified, "days" means calendar days.
12 12.7 Headings. The headings and section titles in this Agreement are for convenience
13 only and are not part of this Agreement.
14 12.8 Severability. If anything in this Agreement is found by a court of competent
15 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
16 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
17 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
18 intent.
19 12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
20 not unlawfully discriminate against any employee or applicant for employment, or recipient of
21 services, because of race, religious creed, color, national origin, ancestry, physical disability,
22 mental disability, medical condition, genetic information, marital status, sex, gender, gender
23 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
24 all applicable State of California and federal statutes and regulation.
25 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
26 of the Contractor under this Agreement on any one or more occasions is not a waiver of
27 performance of any continuing or other obligation of the Contractor and does not prohibit
28 enforcement by the County of any obligation on any other occasion.
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1 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
2 between the Contractor and the County with respect to the subject matter of this Agreement,
3 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
4 publications, and understandings of any nature unless those things are expressly included in
5 this Agreement. If there is any inconsistency between the terms of this Agreement without its
6 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
7 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
8 exhibits.
9 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
10 create any rights or obligations for any person or entity except for the parties.
11 12.13 Authorized Signature. The Contractor represents and warrants to the County that:
12 (A) The Contractor is duly authorized and empowered to sign and perform its
13 obligations under this Agreement.
14 (B) The individual signing this Agreement on behalf of the Contractor is duly
15 authorized to do so and his or her signature on this Agreement legally binds the
16 Contractor to the terms of this Agreement.
17 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by
18 electronic signature as provided in this section.
19 (A) An "electronic signature" means any symbol or process intended by an individual
20 signing this Agreement to represent their signature, including but not limited to (1) a
21 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
22 electronically scanned and transmitted (for example by PDF document) version of an
23 original handwritten signature.
24 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
25 equivalent to a valid original handwritten signature of the person signing this Agreement
26 for all purposes, including but not limited to evidentiary proof in any administrative or
27 judicial proceeding, and (2) has the same force and effect as the valid original
28 handwritten signature of that person.
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1 (C)The provisions of this section satisfy the requirements of Civil Code section
2 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
3 Part 2, Title 2.5, beginning with section 1633.1).
4 (D) Each party using a digital signature represents that it has undertaken and
5 satisfied the requirements of Government Code section 16.5, subdivision (a),
6 paragraphs (1) through (5), and agrees that each other party may rely upon that
7 representation.
8 (E) This Agreement is not conditioned upon the parties conducting the transactions
9 under it by electronic means and either party may sign this Agreement with an original
10 handwritten signature.
11 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
12 original, and all of which together constitute this Agreement.
13 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
SAN JOAQUIN GLASS COMPANY, INC. COUNTY OF FRESNO
3
Anthony Salced (Feb 1,2024 08:10 PST)
5 Anthony Salcedo, Vice President Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
6 2150 E. McKinley Ave.
Fresno, CA 93703 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
9
By: _
10 Deputy
11 For accounting use only:
12 Org No.: 8935
Account No.: 7220
13 Fund No.: 1045
Subclass No.: 10000
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28
17
Exhibit A
Scope of Services
The Contractor shall perform all work and services at specified in this Exhibit A.
• The Contractor shall provide all labor, materials, tools, transportation, and equipment
required to complete scheduled replacement, installation, and repair services
requested by the County Representative.
• The Contractor may be asked to perform services in addition to regular replacement,
installation, and repair services. These services include, but are not limited to:
o Apply blackout film
o Furnish clear tempered glass
o Furnish smoked tempered glass
o Apply security filming
o Apply UV protective tint
• The Contractor will perform most work during regular (Normal)working hours and
days. Normal working hours are defined as 7:00 am to 4:00 pm Monday through
Friday, excluding County holidays. Work performed outside of these Normal hours
will either be considered Overtime or Premium hours. Work performed between 4:00
pm to 12:00 am will be considered Overtime hours. Work performed between 12:00
am to 7:00 am, or on a County holiday, will be considered Premium Hours.
• The Contractor must possess a current State of California's Contractor's License,
Class C-17, or another license class that covers the work to be performed. Work
shall be performed by a skilled technician.
• The Contractor shall not subcontract over 20 percent of the work.
• The Contractor shall abide by Prevailing Wage requirements.
• The Contractor warrants that:
o Glass carries no warranty against breakage;
o Workmanship-related problems (ex. leaks) carry a warranty of 6-months from
date of installation. These warranties will be clearly identified on invoices as set
forth in Section 3.3; and
o Labor is not covered under warranty.
A-1
Exhibit B
Compensation and Pricing
The Contractor will be compensated for performance of its services under this
Agreement as provided in this Exhibit B. The Contractor is not entitled to any compensation
except as expressly provided in this Exhibit B.
Year 1 Year 2 Year 3 Year 4 Year 5
Normal Hours $95.00 $110.00 $115.00 $120.00 $125.00
Overtime Hours $142.50 $165.00 $172.50 $180.00 $187.50
Premium Hours $190.00 $220.00 $230.00 $240.00 $250.00
Normal Hours: 7:00 am to 4:00 pm, Monday through Friday, excluding County holidays.
Overtime Hours: 4:00 pm to 12:00 am,
Premium Hours: 12:00 am to 7:00 am, and any County Holiday
• In addition to the labor rates, the Contractor agrees to honor a 20% percent discount on
any required parts. The County understands that any potential flows/defects of parts are
graded upon industry standards.
• Cut-to-size and/or special-order items are no eligible for return. Other items may be
subject to a restocking fee.
B-1
Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("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 used 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.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
C-1
Exhibit C
(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:
C-2
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, the 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 Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Contractor's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Dollars ($3,000,000). If this is a claims-made policy, then (1)the retroactive date must
be prior to the date on which services began under this Agreement; (2) the Contractor
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Contractor shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement
(F) Molestation Liability. Sexual abuse / molestation liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Contractor shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
D-1
Exhibit D
Floor, Fresno, California 93721, or HRRiskMan age ment(a)_fresnocountyca.gov, and by
mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by authorized insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Contractor shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Contractor shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Contractor shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer
D-2
Exhibit D
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
D-3
Exhibit E
Subject: Hostage Situations
Policy Number: 326.0
resno County Page: 1 of 2
Juvenile Justice Campus Date Originated: April 1, 2004
Policy Manual Date Revised: February 1, 2008
Authority: Title 15; Section 1327;
California Code of Regulations
It is imperative for the safety and security of all persons within Juvenile Justice Campus
(JJC) facilities, as well as for those in the community, that minors are not allowed to
leave the secure confines of the facilities by the taking of a hostage(s). If successful in
securing a release through these means minors would be much more likely in the future
to use this practice again in an attempt to escape the confines of the facilities. This
would put those visiting and working at the JJC at higher level of risk and would
jeopardize the safety of the community if the minor was in fact successful in securing
his/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.
E-1
Exhibit E
Subject: Hostage Situation
Policy #: 326.0
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 Chiefs office per departmental
policy.
E-2
Exhibit E
Subject: Hostage Situation
Policy #: 326.0
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 ensure that such an incident does not repeat itself.
E-3
Exhibit F
Fresno County Probation Department
' Juvenile Justice Campus Manual
•
Vendors, Volunteers and Student Interns
308.1 PURPOSE AND SCOPE
This policy establishes guidelines for using Juvenile Justice Campus vendors, volunteers, and
student interns, to supplement and assist Department personnel in their duties. Vendors and
volunteers are members who can augment Department personnel and help complete various
tasks.
308.1.1 DEFINITIONS
Definitions related to this policy include:
Student intern - A college, university, or graduate student gaining practical experience in a
chosen field while performing services for the Department under supervision.
Vendor - An individual representing a company, outside agency, or non-profit organization, who
is assigned to one of our facilities, performs a service for the Department, and may receive
compensation for services rendered.
Volunteer-An individual who performs a service for the Department without promise, expectation,
or receipt of compensation for services rendered. This may include unpaid chaplains and student
interns.
308.2 POLICY
The Fresno County Probation Department shall ensure that vendors, volunteers and student
interns are properly appointed, trained, and supervised to carry out specified tasks and duties in
order to create an efficient Department and improve services to the community.
308.3 ELIGIBILITY
Requirements for participation as a vendor, volunteer or student intern for the Department may
include but are not limited to:
(a) Being at least 18 years of age.
(b) Possession of liability insurance for any personally owned equipment, vehicles, or
animals utilized during volunteer or student intern work.
(c) No conviction of a felony, any crime of a sexual nature or against children, any crime
related to assault or violence, any crime related to dishonesty, or any crime related to
impersonating a law enforcement officer.
(d) Ability to meet physical requirements reasonably appropriate to the assignment.
(e) A background history and character suitable for a person representing the Department,
as validated by a background investigation.
The Chief Probation Officer or the authorized designee may allow exceptions to these eligibility
requirements based on organizational needs and the qualifications of the individual.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-F1
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
308.4 RECRUITMENT, SELECTION, AND APPOINTMENT
The Fresno County Probation Department shall endeavor to recruit and appoint only those
applicants who meet the high ethical, moral, and professional standards set forth by this
Department.
308.4.1 RECRUITMENT
Volunteers and student interns are recruited on a continuous basis consistent with Department
policy on equal opportunity, nondiscriminatory employment terms. A primary qualification for
participation in the application process should be an interest in and an ability to assist the
Department in serving the public.
Requests for volunteers and student interns should be submitted in writing by interested
Department members to the Personnel Unit through the requester's immediate supervisor. A
complete description of the volunteer's or intern's duties and a requested time frame should
be included in the request. All Department members should understand that the recruitment of
volunteers and student interns is enhanced by creative and interesting assignments.
Vendors are recruited/selected in accordance with the Fresno County Purchasing Office contract/
agreement process.
308.4.2 SELECTION
Vendor, volunteer and student intern candidates shall successfully complete this process before
appointment:
(a) Submit the appropriate written application.
(b) Current TB skin test (completed within the last 6 months).
(c) Successfully complete an appropriate-level background investigation, which may
include fingerprinting, and/or obtaining information from local, state, federal and
Department of Motor Vehicle databases.
308.4.3 APPOINTMENT
Volunteers and student interns shall be placed only in assignments or programs consistent with
their knowledge, skills, and abilities and the needs of the Department. Volunteers' and student
interns' interests will be considered when placed in assignments.
Volunteers and student interns serve at the discretion of the Chief Probation Officer.
Vendors are appointed and placed in accordance with the Fresno County Purchasing Office
contract/agreement.
308.5 IDENTIFICATION
As representatives of the Department, vendors, volunteers and student interns are responsible
for presenting a professional image to the community. Vendors, volunteers and student interns
shall dress appropriately for the conditions and performance of their duties, in compliance with
Personal Appearance Standards and Uniform and Non-Uniform attire policies unless excluded by
the Department.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-F2
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
Vendors, volunteers and student interns will be issued Fresno County Probation Department
identification cards, which must be carried at all times while on-duty. The identification cards will
be the standard Fresno County Probation Department identification cards, except that"Volunteer"
or "Student Intern" will be indicated on the cards.
308.6 PERSONNEL WORKING AS STUDENT INTERNS
Qualified regular Department personnel, when authorized, may also serve as student interns.
However, this Department shall not utilize the services of student interns in such a way that it would
violate employment laws or collective bargaining agreements or memorandums of understanding
(e.g., a Juvenile Correctional Officer participating as a student intern for reduced or no pay).
Therefore, members shall consult with the Personnel Unit prior to allowing regular department
personnel to serve in a student intern capacity (29 CFR 553.30).
308.7 PERSONNEL UNIT
The function of the Personnel Unit is to provide a central coordinating point for effective volunteer
management within the Department, and to direct and assist efforts to jointly provide more
productive volunteer services.
The responsibilities of the Personnel Unit include but are not limited to:
(a) Recruiting and selecting qualified volunteers and student interns.
(b) Maintaining records for each vendor, volunteer and student intern.
(c) Completing and disseminating, as appropriate, all necessary paperwork and
information.
(d) Maintaining a liaison with colleges and universities that provide student interns to
promote the intern program with both students and the educational system.
(e) Maintaining volunteer and student intern orientation and training materials and
outlining expectations, policies, and responsibilities for all volunteers and student
interns.
308.8 DUTIES AND RESPONSIBILITIES
Volunteers assist department personnel as needed. Assignments of volunteers may be to any
division within the Department, as needed. Volunteers should be placed only in assignments
or programs consistent with their knowledge, skills, interests, abilities and the needs of the
Department. Student interns should be assigned to areas that meet the needs of both their
educational program and the Department. Vendors will be assigned per the contract/agreement.
308.8.1 COMPLIANCE
Vendors, volunteers and student interns shall be required to adhere to all Department policies and
procedures. Policies and procedures are available on the Department website and will be made
available to each vendor, volunteer, and student intern upon appointment. The vendor, volunteer
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-F3
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
and student intern shall become thoroughly familiar with these policies as directed by the Chief
Probation Officer or the authorized designee.
Whenever a rule, regulation, or guideline in this Custody Manual refers to regular Department
personnel, it shall also apply to vendors, volunteers and student interns, unless by its nature it is
inapplicable.
Vendors, volunteers and student interns are required by this Department to meet Department-
approved training requirements as applicable to their assignments.
308.9 TASK SPECIFIC TRAINING
Task-specific training is intended to provide the required instruction and practice for vendors,
volunteers and student interns to properly and safely perform their assigned duties. Training
should correspond to the assignment.
Vendors, volunteers and student interns shall be provided with the policies of the Department and
procedures applicable to their assignments.
Vendors, volunteers and student interns shall receive position-specific training to ensure they have
adequate knowledge and skills to complete the required tasks and should receive ongoing training
as deemed appropriate by their supervisors or the authorized designee.
Training should reinforce to vendors, volunteers and student interns that they shall not intentionally
represent themselves as, or by omission give the impression that they are, Juvenile Correctional
Officers or other full-time members of the Department. They shall always represent themselves
as vendors, volunteers or student interns.
All vendors, volunteers and student interns shall comply with the standards of conduct and with
all applicable orders and directives, either oral or written, issued by the Department.
308.9.1 STATE REQUIREMENTS
The vendor, volunteer and student intern initial orientation shall include the following: safety and
security issues and anti- discrimination policies.
308.10 SUPERVISION
Each vendor, volunteer and student intern must have a clearly identified supervisor who is
responsible for direct management of that individual. This supervisor will be responsible for day-to-
day management and guidance of the work of the vendor, volunteer or student intern and should
be available for consultation and assistance.
Functional supervision of vendors, volunteers and student interns is the responsibility of the
supervisor or the authorized designee in charge of their assigned duties. The following are some
considerations that supervisors or the authorized designee should keep in mind while supervising
vendors, volunteers and student interns:
(a) Take the time to introduce vendors, volunteers and student interns to members on all
levels.
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-F4
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
(b) Ensure vendors, volunteers and student interns have work space and necessary office
supplies.
(c) Make sure the work is challenging. Do not hesitate to give vendors, volunteers and
student interns assignments or tasks that will utilize these valuable resources.
(d) Ensure the work for student interns meets the needs of their educational program,
while also meeting the needs of the Department.
308.10.1 EVALUATIONS
Student interns may need evaluations as a requirement of their educational program.
308.10.2 FITNESS FOR DUTY
No vendor, volunteer or student intern shall report for work or be at work when the individual's
judgment or physical condition has been impaired due to illness or injury, or by the use of alcohol
or drugs, whether legal or illegal.
Vendors, volunteers and student interns shall report to their supervisors any change in status that
may affect their ability to fulfill their duties. This includes but is not limited to:
(a) Driver's license.
(b) Arrests.
(c) Criminal investigations.
(d) All law enforcement contacts.
308.11 INFORMATION ACCESS
Volunteers and student interns should not have access to or be in the vicinity of criminal histories,
investigative files, or information portals. Unless otherwise directed by a supervisor, the duties of
the position, or Department policy, all such information shall be considered confidential. Only that
information specifically identified and approved by authorized members shall be released.
Confidential information shall be given only to persons who have a need and a right to know as
determined by Department policy and supervisory personnel.
A vendor, volunteer or student intern whose assignment requires the use of, or access to,
confidential information will be required to be fingerprinted and have the fingerprints submitted to
the California Department of Justice to obtain clearance. Vendors, volunteers and student interns
working this type of assignment shall receive training in data practices and shall be required to
sign a CLETS Employee/Volunteer Statement before being given an assignment with the
Department. Subsequent unauthorized disclosure of any confidential information verbally, in
writing, or by any other means by the vendor, volunteer, or student intern is grounds for immediate
dismissal and possible criminal prosecution.
Vendors, volunteers and student interns shall not address public gatherings, appear on radio
or television, prepare any article for publication, act as correspondents to newspapers or other
periodicals, release or divulge any information concerning the activities of the Department, or
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-F5
Published with permission by Fresno County Probation
Department
Exhibit F
Fresno County Probation Department
Vendors, Volunteers and Student Interns
maintain that they represent the Department in such matters without permission from the proper
Department personnel.
308.11.1 RADIO AND DATABASE ACCESS USAGE
The supervisor or the authorized designee shall ensure that radio and database access training
is provided for vendors, volunteers, and student interns whenever necessary.
308.12 EQUIPMENT
Any property or equipment issued by the Department shall be for official and authorized use only.
Any property or equipment issued to a vendor, volunteer or student intern shall remain the property
of the Department and shall be returned at the termination of service.
308.13 TERMINATION OF SERVICES
If a vendor or volunteer is the subject of a personnel complaint or becomes involved in an internal
investigation, the matter shall be investigated in compliance with the Personnel Complaints Policy.
If a student intern is the subject of or is involved in an internal investigation, the coordinator of the
educational program that sponsors the intern should be notified.
Vendors and volunteers are considered at-will and may be removed from service at the discretion
of the Chief Probation Officer or the authorized designee, with or without cause. Vendors and
volunteers shall have no property interest in their continued appointments. Vendors and volunteers
may resign from service with the Department at any time. It is requested that vendors and
volunteers who intend to resign provide advance notice and a reason for their decision.
308.14 ISSUED DATE
• 02/18/2022
Copyright Lexipol,LLC 2022/02/18,All Rights Reserved. Vendors,Volunteers and Student Interns-F6
Published with permission by Fresno County Probation
Department
Exhibit G
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/
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Exhibit H
BACKGROUND INVESTIGATIONS AND
IDENTIFICATION (ID) BADGES
Background Investigations
Prior to the beginning of any services, one (1) background check may be required for every member of
the Contractor's personnel providing services to a building location for the life of the agreement. The
background check may be required before access is given to any County facility/property. Clearance will
only be granted after a successful background check, completed by the County of Fresno Sheriffs
Department. Background checks provided by any agency other than the County of Fresno Sheriffs
Department will not be accepted.
The current cost of a background check is $52 per person. This cost will be incurred by the successful
Bidder. One check covering the cost of background checks for all employees shall be made payable to:
Sheriff, County of Fresno. The successful bidder will be notified regarding the result of background
checks. Those that are accepted will report to County of Fresno Security to have their photo taken and ID
badge issued.
Background checks are done on a first-come, first serve basis between the hours of 7:00 a.m and 12:00
noon. Monday through Friday. The process takes approximately 20 minutes time. The amount of time it
takes to receive the result of background checks varies from one day to a month (or longer), dependent
upon the individual's history.
Individuals who are cleared through this process are entered into the Department of Justice database.
Their records are flagged and the County of Fresno Sheriff's Department is notified if the person is ever
arrested in the future.
When required by County, applicants' background checks must be approved prior to entering any County
facility. Approval will not be granted to any individual possessing any of the following circumstances:
1. They have been convicted of a felony,or any crime involving moral turpitude, or carrying or
possessing a dangerous weapon.
2. They have ever been charged with a felony or are currently under investigation for a felony.
3. They are charged with or convicted of any crime committed in or at a correctional institution.
4. They are currently on parole or probation or are a sentenced inmate at any correctional facility.
5. They have been refused a license as a private investigator or had such license revoked.
6. They have fraudulently represented themselves,their credentials,their employment or their
criminal or arrest record on their application.
7. Make omissions or false statements on their application.
8. They have no valid reason for entering a facility.
9. Their admission into a facility could represents a threat to security,staff or inmate safety.
10. Further information regarding the criteria for background check clearance, including an appeal for
process for someone who may be denied clearance is available upon request.
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Exhibit H
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 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.
3. 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.
4. 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.
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