HomeMy WebLinkAboutAgreement A-20-504 with Siemens Industry Inc.pdf-1-
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A G R E E M E N T
THIS AGREEMENT (“Agreement”) is made and entered into this day of ,
2020 (“Effective Date”), by and between the COUNTY OF FRESNO, a political subdivision of the state of
California ("COUNTY"), and Siemens Industry, Inc., a Delaware corporation, whose address is 4273 West
Richert Avenue, Suite 110, Fresno, CA 93722 ("CONTRACTOR").
W I T N E S S E T H:
WHEREAS, COUNTY has a need for inventory, preventative maintenance, and repair services to
the electronic security maintenance systems at the COUNTY’s Juvenile Justice Campus (JJC);
WHEREAS, COUNTY is able to obtain preferential pricing through contract buying group
Sourcewell’s Contract No. 031517-SIE, which was competitively bid and awarded to CONTRACTOR;
WHEREAS, CONTRACTOR is willing to provide the above services to COUNTY; and
WHEREAS, COUNTY and CONTRACTOR desire to execute this Agreement
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS OF THE CONTRACTOR
A.CONTRACTOR shall provide inventory, preventative maintenance, and repair
services to the electronic security systems at the JJC as detailed in the Scope of Services, attached as
Exhibit B and incorporated by this reference.
B.CONTRACTOR shall provide all necessary services to keep functioning and
operational the systems and equipment listed in Exhibit B.
CONTRACTOR shall provide twenty-four (24) hour service response upon request to critical and
non-critical malfunctions in the systems at the JCC. Determination of the call level, i.e. critical or non-
critical malfunction, is at the sole discretion of the Internal Services Department (ISD) Facility Services
Manager or their authorized representative. Failure to furnish call-back service within the specified time
of notification of need as specified in Exhibit B may result in termination of this Agreement, withholding
of payment, and/or hiring another contractor to complete the work at CONTRACTOR's expense.
15th December
Agreement No. 20-504
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C.CONTRACTOR is responsible to have a ready and accessible inventory of spare
parts necessary to repair and/or replace malfunctioning equipment, and make operable critical
malfunctions at the times specified in Exhibit B. CONTRACTOR shall provide COUNTY a list of spare
parts necessary to maintain critical and non-critical malfunctions according to these standards.
CONTRACTOR shall add items to the spare parts inventory as may be necessary to satisfy
performance standards. Quantity of parts may be adjusted to usage upon written approval by ISD. All
parts supplied must be new, refurbished, or used replacement parts or meet the requirements of the
original equipment manufacturer. CONTRACTOR must supply parts, which match the Engineering
Change (EC) level of the failed machine, as released by the equipment manufacturer. COUNTY shall
receive the Sourcewell standard pricing for CONTRACTOR products portfolio, incorporated by this
reference and maintained by ISD located at 333 W. Pontiac Way, Clovis, CA 93612.
D.CONTRACTOR shall provide to ISD an annual report by January 21st of each
year, which includes a description of all work performed, detail of after-hours calls, status of parts
inventory, status of preventative maintenance schedule, and any recommendations of the
CONTRACTOR.
E.CONTRACTOR shall immediately notify the ISD Facility Services Manager, or
their designee, once CONTRACTOR’s service personnel become aware of a potential delay in service
restoration. If it is determined that parts, components, software, etc., are unavailable locally,
CONTRACTOR shall inform the ISD Facility Services Manager/designee of the estimated time to effect
repairs, and use all means available to secure the parts. When necessary, CONTRACTOR will enlist the
assistance of all local, district, or corporate engineering and technical support personnel to resolve and
minimize any delays or disruptions in service restoration.
F.If CONTRACTOR determines that the source or cause of an outage is not in the
equipment covered under Exhibit B, or if multiple causes are possible, CONTRACTOR must work with
and assist COUNTY to achieve a problem resolution. COUNTY requires CONTRACTOR, in a problem
management process, to communicate what the appropriate contacts are on a timely basis, and
undertake reasonable action steps to achieve problem resolution, even if the responsibility for the final
corrective action is with another party.
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G.CONTRACTOR acknowledges that the JJC is a “no-hostage facility”.
CONTRACTOR shall ensure that its employees and any sub-contractors working in JJC, and associated
facilities, agree to abide by COUNTY’s rules for a no-hostage facility, as set forth in Exhibit C, attached
and incorporated by this reference. COUNTY may change these policies and procedures at any time,
without any prior notice to the CONTRACTOR. CONTRACTOR shall plan and execute all work in such
a manner so as to prevent a breach of these detention facilities or any other COUNTY-secured facility.
H.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 the work to be done.
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 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 abovementioned prevailing wage rates
shall be posted by the CONTRACTOR at the job site where it will 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 portions 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
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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 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.
2. RIGHTS AND OBLIGATIONS OF COUNTY
A. COUNTY shall conduct background checks, as deemed necessary by COUNTY,
on all personnel which CONTRACTOR will assign to work at the JJC. Background checks must be
completed on all CONTRACTOR's personnel before any admission into these facilities. COUNTY shall
have sole discretion to refuse admittance into these facilities. ISD shall immediately notify
CONTRACTOR if CONTRACTOR's employee is found to be unacceptable for admission into these
facilities. Upon such notice, CONTRACTOR shall immediately remove the employee from the facility.
B. COUNTY shall issue vendor identification cards to CONTRACTOR to enable
CONTRACTOR's personnel, who are cleared through COUNTY’s background checks pursuant to
Section 2(A), above, to enter COUNTY’s facilities and perform necessary repairs.
C. COUNTY (correctional staff) shall provide direction to CONTRACTOR's
employees in the event of disturbances inside the facilities.
D. In the event of a dispute involving COUNTY staff and the CONTRACTOR's
employee(s) involving the work location, security measures, etc., COUNTY staff shall have the final
decision.
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3.TERM
The term of this Agreement shall be for a period of three (3) years, commencing on Effective Date,
through and including the last day of the three-year period. This Agreement may be extended for two (2)
additional consecutive twelve (12) month periods upon written approval of both parties no later than thirty
(30)days prior to the first day of the next twelve (12) month extension period. The Director of Internal
Services/Chief Information Officer (ISD Director/CIO) or his or her designee is authorized to execute such
written approval on behalf of COUNTY, based on CONTRACTOR’S satisfactory performance.
4.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time without penalty by giving the CONTRACTOR thirty (30) days advance written
notice.
B.Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to the COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly refund any
such funds upon demand.
C.Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
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to terminate to CONTRACTOR.
5.COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR, and
CONTRACTOR agrees to receive compensation as follows:
In no event shall compensation paid for services provided by CONTRACTOR during the initial
three-year term of this Agreement exceed $900,000.00. In the event this Agreement is extended for an
additional one-year renewal term, an additional $300,000.00 compensation may be paid during the first
renewal term. In the event this Agreement is extended for a second one-year renewal term, an additional
$300,000 may be paid during the second renewal term. Any unused funds may be carried from the initial
term to any extension term, and from the initial extension term to the subsequent extension term. In no
event shall compensation paid for services performed under this Agreement exceed $1,500,000.00 during
the total potential five-year term of this Agreement for inventory, preventative maintenance, and repair
services to the COUNTY’s electronic security systems. It is understood that all expenses incidental to
CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR.
COUNTY shall pay CONTRACTOR within forty-five (45) days of receipt of an approved invoice.
CONTRACTOR shall submit monthly invoices referencing the provided contract number, either
electronically or via mail, in triplicate to the County of Fresno, Internal Services Department, Attention:
Business Office, 333 W. Pontiac Way, Clovis, CA 93612, (isdbusinessoffice@fresnocountyca.gov).
6.INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all
times be acting and performing as an independent contractor, and shall act in an independent capacity and
not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which
CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
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Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
other regulations governing such matters. It is acknowledged that during the term of this Agreement,
CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
7.MODIFICATION: Any matters of this Agreement may be modified from time to time by the
written consent of all the parties without, in any way, affecting the remainder.
8.NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor
their rights or duties under this Agreement without the prior written consent of the other party.
9.HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
or corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents, or employees under this Agreement.
The provisions of this Section 9 shall survive the termination of this Agreement.
10.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
Joint Powers Agreement (JPA) throughout the term of the Agreement:
A.Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
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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 of not less than One Million Dollars
($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
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.
D.Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor
Code.
Additional Requirements Relating to Insurance
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.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
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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, Internal Services Department, Attention:
Director of Internal Services/Chief Information Officer, 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 for such worker’s
compensation insurance the CONTRACTOR has waived its right to recover from the COUNTY, its officers,
agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
the insurance policy; 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 issued by admitted insurers licensed to do business in the State of California,
and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
FSC VII or better.
11.AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,
and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of
its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall,
upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
the examination and audit of the California State Auditor for a period of three (3) years after final payment
under contract (Government Code Section 8546.7).
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12.NOTICES: The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY CONTRACTOR
COUNTY OF FRESNO Siemens Industry, Inc. Director of Internal Services/CIO 4273 W. Richert Ave STE # 110 333 W. Pontiac Way Fresno, CA 93722 Clovis, CA 93612
All notices between the COUNTY and CONTRACTOR provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three (3) COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
(1)COUNTY business day after deposit with the overnight commercial courier service, delivery fees
prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered
by telephonic facsimile is effective when transmission to the recipient is completed (but, if such
transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be
effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine
record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in
this section establishes, waives, or modifies any claims presentation requirements or procedures provided
by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government
Code, beginning with section 810).
13.GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
only be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this Agreement
shall be governed in all respects by the laws of the State of California.
14.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status
to operate as a corporation.
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Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing transactions
that they are a party to while CONTRACTOR is providing goods or performing services under this
agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party
and in which one or more of its directors has a material financial interest. Members of the Board of
Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit A and incorporated herein by
reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
15.ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understanding of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and year first
2 hereinabove written .
3
4 CONTRACTOR
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~-'1"-.. ':::>-\ ~ !6; \\C)
Mailing Address ?c-e..~t'O,<:.p.,_ C\~7 --a-;;;i
FOR ACCOUNTING USE ONLY:
Fund:1045
Subclass : 10000
ORG: 8935
Account: 7295
COUNTY OF FRESNO
E ~~~ Ernest BuddyMendes,airman of the
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By: ~ ~~ ------=~----pu_t_y _____ _
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Exhibit A
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit A
(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 B
Page 1 of 9
Scope of Services
1.Preventative Maintenance:
CONTRACTOR shall:
i.Perform annual preventative maintenance to the equipment and systems at the JJC, as
specified in this Exhibit B.
ii.Maintain on-site an inventory of critical replacement parts to ensure quick replacement
or repair of equipment critical to the security of the facilities.
iii.Provide all testing and verification of systems and equipment to meet the requirements
of all regulatory agencies.
iv.Provide twenty-four (24)-hour service response upon request to critical and non-critical
malfunctions to the systems at the JJC.
2. On-Site Inventory
CONTRACTOR shall maintain on-site an inventory of critical replacement parts to ensure quick
replacement or repair of equipment critical to the security of the facilities. The onsite inventory,
including labor and material needed for repair/replacement services, shall be either billed time
and materials (T&M) or quoted by CONTRACTOR separately from the annual maintenance of
the Agreement.
As part of the first year of service, CONTRACTOR shall develop an inventory of on-site spare
parts to assist in the expedition of critical repair and replacement for failed equipment, as listed
in Section 3 of this Exhibit B. The first year of services will be used to gauge equipment
condition, environment, age and use along with repair type and volume to determine an
adequate and usable on-site inventory. An estimate for non-emergency repairs shall be
provided to COUNTY for written authorized approval by COUNTY before commencement of
work.
At the end of each annual maintenance cycle, on-site inventory and repair services will be
evaluated for proper calibration of budget and anticipated need. This is to solely assist in budget
expectations for on-site inventory and emergency repair and replacement services. Additions to
the on-site inventory, if any, can be determined at that time by COUNTY and CONTRACTOR.
Any changes to the on-site inventory budget can be initiated at any time in writing and agreed
upon in writing by both parties.
Due to the age of the systems at the JJC, COUNTY and CONTRACTOR agree to utilize new,
refurbished or used parts when necessary. CONTRACTOR shall make every attempt to use
new parts or new substitute parts when available. Warranty on parts are as follows:
•New Parts – one (1)-year warranty from time of install purchase.
•Refurbished Parts – thirty to ninety (30- 90)-day warranty from time of purchase,
depending upon vendor policies.
•Used parts – no warranty
Exhibit B
Page 2 of 9
3.Equipment List and Maintenance Duties
CONTRACTOR shall provide 24/7 full service annual preventative maintenance to the
equipment and systems listed below.
A.CCTV System
Manufacturer Model Number Quantity
Pelco MX4016CD Multiplexer 6
Pelco CM9740S -- 96x8 Switcher 1
Pelco CM9740L - 144x8 Switcher 1
Pelco CM9740S - 80x16 Switcher 1
Pelco CM9760 Keyboard 3
Pelco MCS16-20E Power Supply 16
NVT 1662R Active Receiver Hub 16
CCTV Monitors N/A Count unavailable; must be
inventoried
TOTAL
(not including CCTV monitors) 44
Maintenance Duties:
•Clean and adjust all CCTV monitors
•Check all CCTV monitor mounts for stability
•Check all CCTV monitor connections
•Check and clean Pelco Analog Multiplexers; check connections
•Check all power supplies for Pelco Analog Cameras
•Check and clean Pelco Receiver Hubs; check connections
B.Intercom and Paging
Manufacturer Model Number Quantity
Trentech 245 intercom Relay x16 90
Trentech 247 Audio Level Panel x16 2
Rauiand Borg HSS-1 l.C. Station SS 755
Rauland Borg HSS-13 Pushbutton 4
Rauland Borg USO215 8" Speaker 120
Rauland Borg 3607 Flush Mount Horn 48
Rauland Borg DCC12 Intercom Amp. 23
Rauland Borg PSX300 Power Supply 23
Rauland Borg MTG100 Tone Generator 23
TOA P-924MK2 Amplifier 32
TOA E-232 Equalizer 16
TOTAL 1,136
Maintenance Duties:
•Clean and inspect audio amplifiers for proper operation
•Verify proper operation of audio speakers and horns
•Test voice clarity of intercom/paging system
•Inspect intercom/paging tone generators
Exhibit B
Page 3 of 9
•Inspect and clean intercom/paging equalizers
•Inspect and test all intercom/paging stations
•Each station, horn, and speaker shall be tested to verify function.
C.Intrusion and Duress Alarm
Manufacturer Model Number Quantity
SDC 442 Help button 46
Sentrol 5812NT Glass Break 60
Sentrol 57090-W Glass Break Test 1
Space Age SSU-03001J Annunciator Lt 16
MFM D373-150 Vehicle Detector 20
DSI ES4200K1 Door Mgt. Alarm 3
TOTAL 146
Maintenance Duties:
•Test and inspect duress buttons
•Test and inspect glass break sensors
•Test and inspect annunciators for intrusion/duress systems
•Verify proper operation of vehicle detectors
•Test each device to verify function.
D.Door Control System - Locks
Manufacturer Model Number Quantity
Airteq 5107B Food Pass Latch 4
Airteq 5017M Food Pass Latch 5
Airteq 7150 Motorized Sliding
Device
1
Airteq 9424 Latchbolt Lock, 24v 438
Airteq 9400 Latchbolt Lock, 24v 1
Airteq 9724 Latchbolt Lock, 24v 119
Airteq 92418 Mortise Lock 2
Sargent 900 Series Mortise Lock 269
TOTAL 962
Maintenance Duties:
•CONTRACTOR shall provide testing for functionality (opening and closing) of the above
listed devices. COUNTY shall service and maintain the locks.
Exhibit B
Page 4 of 9
D. Metal Detectors
Manufacturer Model Number Quantity
Garrett PD6500 7
TOTAL 7
Maintenance Duties:
•Test and inspect metal detectors
E. Master Clock Systems
Manufacturer Model Number Quantity
Rauland Borg 2490 Master Clock 1
Rauland Borg 2463SP:3 24v Analog Clock 20
Rauland Borg 2471 Flush Backbox 20
Edwards 1064-G5 Buzzer 20
Edwards 216-1131 500VA Buzzer
Xfmr 1
TOTAL 62
Maintenance Duties:
•Test and inspect master clock (no measurement to calibrate)
•Verify analog clocks for proper operation
•Test buzzer for proper operation – test will be audible verification.
F.MATV System
Manufacturer Model Number Quantity
Blonder Tongue
MAVM 751 4/4 Modulator 6
CEF-750 oh. Elimination
Filter 6
BIDA 450-50 Amplifier 3
OC8D Combiner 3
BIDA-RA Return Amplifier 6
BlDA-RF Return Filter 6
CT1384W Monitor/Receiver 3
CRS3 3-Way Splitter 2
CRS4 4-Way Splitter 15
CRS8 8-Way Splitter 4
V3889-* Taps 67
TOTAL 121
Maintenance Duties:
•Clean and inspect the equipment listed above
Exhibit B
Page 5 of 9
G.Surge/Lighting Protection
Manufacturer Model Number Quantity
Control Concepts IE-120
Power Filter N/A 16
TOTAL 16
Maintenance Duties:
•Inspect lighting protection surge and filtering
H.Graphic Panels
Manufacturer Model Number Quantity
Norment Anodized Aluminum Panel 23
Power One HC24-2.4-A Power Supply 23
TOTAL 46
Maintenance Duties:
•Clean and inspect graphic panels and graphic panel power supplies
I.Fiber Optics Equipment
Manufacturer Model Number Quantity
IFS
R3 19: Rack Mount Cage x
14 17
VT6010-R3 FM Video Tx 4
VT6010-R3 FM Video Rx 4
AT71630-R3 DigAud Tx x16 2
AR71630-R3 DigAud RX x16 2
AT7420-R3 DigAud Tx x4 5
AT7420-R3 DigAud Rx x4 5
TOTAL 39
Maintenance Duties:
•Clean and inspect fiber optic equipment – Inspection is of the equipment exterior and
does not consist of removing any connection,
Exhibit B
Page 6 of 9
J.Door Control System
Manufacturer Model Number Quantity
Trentech 237 120v Current Relay x16 16
Trentech 238 120v Current Relay x16 28
Trentech 244A Input Module x32 20
Power One HC24-2.4A Power Supply 40
Omron CS1-PA207R Power Supply 4
Oman CS1D-CPU65H Duplex CPU 2
Omron CS1 D-DPL01 Duplex Swr. 1
Omron CS1 D-BC052 Backplane x5 1
Omron CS1 D-B1092 Exp. Bkplnx9 2
Omron C200HW-PA204 Pwr Sup 30
Omron CS1G-CPU44H CPU 16
Omron CS1W-BC 103Bkpl x10 16
Ommn CS1W~Bl103 Exp.Bkpln x10 14
Omron CS1W-ID261 Input x64 86
Omron CS1W-OD261 Output x64 85
Omron CS1W-CN713 I/O Cable 16
Omron CS1W-ETN21 Ethernet Mod 18
Omron NS12TS01B 12"
Touchscreen 2
Ommn NT31CST141BEV2 LCD
Disp 5
Omron NSNSDC1V NS ProgSoft 1
Omron NTZJCAT1EV4 NT ProgSoft 1
Omron WS02-CXPC1-EV3.2 Soft 1
Omron C200HS-CNN220-EU
ProgCbl 1
ELK ELK-MV480 Voice Module 1
ELK ELK~129 CPU Sound Card 1
Omron CS1W-ETN21 Ethernet Mod 18
Omron NS12TS01B 12"
Touchscreen 2
Ommn NT31CST141BEV2 LCD
Disp 5
Omron NSNSDC1V NS ProgSoft 1
Omron NTZJCAT1EV4 NT ProgSoft 1
Omron WS02-CXPC1-EV3.2 Soft 1
Omron C200HS-CNN220-EU
ProgCbl 1
ELK ELK-MV480 Voice Module 1
ELK ELK~129 CPU Sound Card 1
TOTAL 408
Maintenance Duties (does not include locking hardware maintenance or service):
•Clean and inspect door control modules, peripherals, power supplies, and central
processing units (CPUs).
•Check each door for proper operation.
Exhibit B
Page 7 of 9
4.Repair Services
Repair services are not included as part of the annual maintenance portion of the Agreement
and shall be billed separately.
A.Critical Malfunction Response
A critical malfunction is deemed as a malfunction which renders inoperable any part of the
systems and/or equipment listed in this agreement. CONTRACTOR shall:
•Provide a twenty-four (24)-hour telephone number to COUNTY, upon execution of this
Agreement, for reporting malfunctions.
•Respond by phone within two (2) hours.
•Arrive on-site for emergency services within twenty-four (24) hours.
•Commence with repairs, replacements, and/or maintenance necessary to make the
critical equipment and systems operational, within four (4) hours of receipt of request
from COUNTY. Repair time may vary based on availability of parts. CONTRACTOR
shall keep clear communication with COUNTY on timeframe when parts are not
available, or substitutes are needed. Services quoted are not included under the annual
maintenance portion of the Agreement and will be billed separately.
B. Critical Malfunction Systems
The systems covered under “critical malfunctions” include:
•C.C.T.V. (Closed Circuit Television)
o Any monitor providing primary surveillance to a remotely operated door or area.
(Example: Central Control monitor)
•Housing Intercom Systems
o Any intercom component providing primary voice communications to a remotely
operated door, sally port, or area with no adjacent redundancy. (Example: Staff
entrance).
o Any intercom component providing primary voice communication to and from any
inmate holding cell or area that is isolated or locked. (Example' Administrative
Segregation Cells).
•Guard Sally Port to Housing Intercoms
o A critical malfunction is deemed to occur when designated as such by COUNTY.
•Security Alarm Systems
Electronic components related to:
o panic alarm malfunction
o door alarm malfunction
o door control system malfunction
•Administrative Intercom System
o Any component providing communication to and from a fixed staff post.
•CPU failure related to head end equipment failure.
•Emergency Generator Remote Annunciator
o Any malfunction rendering inoperative emergency generator status information.
•Control Console Graphic Display
Exhibit B
Page 8 of 9
o Any malfunction rendering inoperable panic alarm status.
o Any malfunction rendering inoperable remotely operated door or gate status
information.
o Any malfunction rendering inoperable door intercom status.
C. Non-Critical Malfunction Response
A non-critical malfunction is deemed as a malfunction of equipment which in and of itself does
not render inoperative any other part of the security system. CONTRACTOR shall:
• Utilize the twenty-four (24)-hour telephone number referenced in Section 4(A),
herein, for reporting malfunctions.
• Monday through Friday, between 8am and 5pm:
o CONTRACTOR shall respond by phone within two (2) hours.
o CONTRACTOR shall arrive on-site, for non-critical services, within twenty-
four (24) hours.
• On all other days or times:
o CONTRACTOR shall respond by phone within two (2) hours.
o CONTRACTOR shall arrive on-site, for non-critical services, within forty-eight
(48) hours.
• Commence with repairs, replacements, and/or maintenance necessary to make the
non-critical equipment and systems operational, within seven (7) working days of
receipt of request from COUNTY. Repair time may vary based on availability of
parts, CONTRACTOR shall keep clear communication with COUNTY on timeframe
when parts are not available, or substitutes are needed. Services quoted are not
included under the annual maintenance portion of the Agreement and will be billed
separately.
D. Non-Critical Systems
Non-critical systems include:
• Housing intercom system
• All functions of the housing paging system
• All functions of the housing program system
• Any intercom component providing secondary voice communication to any area of the
facility
5. Labor and Materials Rates
A. Labor Rates
Labor Category Rate Per Hour
Straight Time
(Monday – Friday, 8 a.m. – 5 p.m.) $151.00
Regular Overtime
(applies to hours worked the same day
beyond eight (8) hours)
$199.00
Exhibit B
Page 9 of 9
Labor Category Rate Per Hour
Weekends & County Holidays $265.00
Administrative/Management $174.00
Note: Straight Time rates after 5 p.m. Monday through Friday (“night work”) will be billed at the
Shift Differential Rate of $166.00 per hour (Straight Time x 1.1%).
Pricing is subject to a standard three percent (3%) annual increase.
B. Trip Charge
Travel time shall be charged at a flat rate of $151.00.
Trip Charge under this Agreement is waived, and COUNTY shall not incur any trip charges
under this Agreement.
C.Material Rates
COUNTY shall receive the Sourcewell standard pricing for CONTRACTOR products portfolio.
NO HOSTAGE SITUATIONS
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/herrelease.
The JJC is a “no-hostage” facility. This means that minors will not be released from custody under any
circumstances due to the taking of a hostage(s). Any staff person taken hostage, no matter what their
rank or status, immediately loses their authority and any orders issued by that person will not befollowed.
I. HOSTAGE SITUATIONPROCEDURES
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
additionalhostages.
3.Evacuate all non-essential persons at the scene to a safe location or any housing pod that
is not directly involved in theincident.
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 theincident.
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 theChief.
$WWDFKPHQW& C
Page 1 of 2
Exhibit C
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 hostagetakers.
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
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.
$WWDFKPHQW& C
Page 2 of 2
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 Departm ent 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/
$WWDFKPHQW(
Page1 of 1
Exhibit C
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 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’shistory.
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 dangerousweapon.
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.Theyhave fraudulentlyrepresented themselves, their credentials, their employment or their
criminal or arrest record on theirapplication.
7.Make omissions or false statements ontheir 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.
$WWDFKPHQW)
Page1 of 2
Exhibit C
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 Countyfacilities.
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.
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.
$WWDFKPHQW)
Page2 of 2
Exhibit C