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HomeMy WebLinkAboutP-21-102 The Source LGBT Center.pdf333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology PROCUREMENT AGREEMENT Agreement Number P-21-102 April 8, 2021 The Source LGBT+ Center 208 W. Main Street Suite B Visalia, CA 93291 The County of Fresno (County) hereby contracts with The Source LGBT+ Center (Contractor) to provide Pop Up Events for youth and adults of the LGBTQ+ population in accordance with the text of this agreement and Attachment “A” by this reference made a part hereof. TERM: This Agreement shall become effective upon execution and shall remain in effect through June 30, 2022. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A” attached, at the rates set forth in Attachment “A”. ORDERS: Orders will be placed on an as-needed basis by Department of Behavioral Health under this contract. PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Twenty Thousand Dollars ($20,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. PROCUREMENT AGREEMENT NUMBER: P-21-102 Page 2 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX INVOICING: An itemized invoice shall be emailed to DBH-Invoices@fresnocountyca.gov in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers 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. 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 policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the 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. PROCUREMENT AGREEMENT NUMBER: P-21-102 Page 3 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX 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, 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, Department of Behavioral Health, Attention: Public Behavioral Health Division, 1925 E. Dakota Ave., Fresno, CA 93726, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. 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 PROCUREMENT AGREEMENT NUMBER: P-21-102 Page 4 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX 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. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Attachment "A") and (2) Attachment "A". GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. PROCUREMENT AGREEMENT NUMBER: P-21-102 Page 5 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Bryan Hernandez, Purchasing Analyst, at 559 600-7110 or bhernandez@fresnocountyca.gov. FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:BH PROCUREMENT AGREEMENT NUMBER: P-21-102 Attachment Page 1 of 7 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX ATTACHMENT "A" SUMMARY OF SERVICES ORGANIZATION: The Source LGBT+ Center SERVICE: LGBTQ Pop Up Events OFFICE ADDRESS: 208 W. Main Street Suite B Visalia, CA 93291 OFFICE TELEPHONE: (559) 429-4277 CONTACT(S): Brian Poth, Executive Director CONTRACT PERIOD: Effective Upon Execution – June 30, 2022 AMOUNT: Effective Upon Execution – June 30, 2022: $20,000 Total: $ 20,000 I. SUMMARY OF SERVICES CONTRACTOR shall provide Pop Up events for youth and adults of the LGBTQ+ population. The Pop Ups events are intended to help reduce isolation and risk factors, build support systems, protective factors and resilience to prevention suicides among youth and adult LGBTQ+ population, identify local resources, and guide those who may be at risk to appropriate services. The primary focus should be on suicide prevention but may include topics on mental health and substance use disorder. Pop-ups create a community of acceptance run by the community it serves. LGBTQ+ people feel safe in these spaces and are free to explore wellness approaches that are culturally appropriate modeled by peers who are consumers and advocates. The authentic safety and inclusion provided by LGBTQ+ folks build a framework for wellness that cannot be replicated by clinical services. PROCUREMENT AGREEMENT NUMBER: P-21-102 Attachment Page 2 of 7 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX II. CONTRACTOR RESPONSIBILITIES Contractor shall perform the activities below. A. Provide twenty-four (24) Pop Ups events for the term of the contract. On average, two (2) Pop Ups will be provided per month. Duration of each Pop Ups may vary depending on the contents covered and discussion, but usually last 2 hours. Topics covered in the Pop Ups may include but are not limited to the following: • Vision Board New Year/New You • LGBT Black History • Peter Robertson Fresno LGBT History • Healthy Relationships Healthy Boundaries • Harvey Milk Day • Pride Month/Marsha P Johnson • Community Healing Circle • Spectrum Center/Pink Panthers • Suicide Prevention/Trevor Project Speaker • LGBT History Month • Trans Day of Remembrance • World AIDS Day • CVAHT-Human Trafficking in the LGBTQ community • SUD prevention presentation • Know your rights--ACLU • Dr. Julie Nicole-trans healthcare • Pride Month virtual Event • Gender marker/ID &BC change • Fresno State CCGC--game day • Reel Pride--movie event • SUD prevention - presentation • Trans Day of Visibility – TEM • Panel--non binary, GNC B. Determine location of Pop Ups Pop Ups should be held in various locations in the community which provide a safe space for our LGBTQ+ population. During the COVID-19 pandemic, Pop Ups may be held virtually. Post COVID-19, Pop Ups may be held as both in person and/or virtual to allow for greater accessibility for those in rural communities, or who feel safer participating remotely. C. Provide oversight of services provided by subcontractor Contractor shall be held primarily responsible for subcontracted services. The use of a subcontractor by Contractor shall not entitle Contractor to any additional compensation that is provided for under this Agreement. PROCUREMENT AGREEMENT NUMBER: P-21-102 Attachment Page 3 of 7 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX D. Promote Pop Up events in the community Contractor shall promote Pop Up events via different media platforms. Strategies may include but are not limited to social media, radio advertisements, flyers, emails, or other traditional media. E. Lead and facilitate the Pop Up events Pop Ups events shall be led by The Source LGBT+ Center. Various events may be led by Fresno Economic Opportunities Commission and their facilitators, peer support, clinicians, and guest speakers. F. Participate in meetings, as needed, with the Department of Behavioral Health (DBH) to discuss services provided. DBH will be responsible for coordination of these meetings. G. Collect and report data as identified in Section IV – Reports. III. COUNTY RESPONSIBILITIES County shall: A. Participate in meetings, as needed, with the Contractor to discuss services provided. DBH will be responsible for coordination of these meetings. B. Assist with identifying Pop Up locations in the community. C. Assist with promotion of Pop Up events in the community D. Be available to Contractor for ongoing consultation and support of the Pop Up events. E. Gather data from Contractor throughout the term of this Agreement. F. DBH shall include Contractor’s staff in DBH trainings that are relevant to the services as described in this Agreement, if there is sufficient space available, at no cost. PROCUREMENT AGREEMENT NUMBER: P-21-102 Attachment Page 4 of 7 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX IV. REPORTS A. Contractor shall collect data in accordance with Mental Health Services Act Prevention and Early Intervention Suicide Prevention regulations. Data collected should capture the following, if possible: i. Total number of events provided. ii. Total number of unduplicated individuals served. iii. Number of referrals made and for what service? iv. Document any screening tools used (e.g. Columbia Suicide Severity Rating Scale) and for what purpose? v. How many screenings were conducted? vi. Collect demographics of each individual. B. Demographic data should capture the following for individuals attending: i. Age Group a. 0 – 15 (children/youth) b. 16 – 25 (transition age youth) c. 26 – 59 (adult) d. 60 + (older adults) e. Number of respondents who declined to answer ii. Race by the following categories: f. American Indian or Alaska Native g. Asian h. Black or African American i. Native Hawaiian or other Pacific Islander j. White k. Other l. More than one race m. Number of respondents who declined to answer iii. Ethnicity by the following categories: n. Hispanic or Latino as follows 1. Caribbean 2. Central American 3. Mexican/Mexican-American/Chicano 4. Puerto Rican 5. South American 6. Other 7. Number of respondents who declined to answer the question o. Non-Hispanic or Non-Latino as follows PROCUREMENT AGREEMENT NUMBER: P-21-102 Attachment Page 5 of 7 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX 1. African 2. Asian Indian/South Asian 3. Cambodian 4. Chinese 5. Eastern European 6. European 7. Filipino 8. Japanese 9. Korean 10. Middle Eastern 11. Vietnamese 12. Other 13. Number of respondents who declined to answer the question p. More than one ethnicity q. Number of respondents who declined to answer the question iv. Primary language used listed by threshold languages for Fresno County r. English s. Spanish t. Hmong v. Sexual orientation u. Gay or Lesbian v. Heterosexual or Straight w. Bisexual x. Questioning or unsure of sexual orientation y. Queer Another sexual orientation z. Number of respondents who declined to answer the question vi. Disability, defined as a physical or mental impairment or medical condition lasting at least six months that substantially limits a major life activity, which is not the result of a severe mental illness aa. Yes, report the number that apply in each domain of disability(ies) 1. Communication domain separately by each of the following a) Difficulty seeing b) Difficulty hearing, or having speech understood c) Other (specify) PROCUREMENT AGREEMENT NUMBER: P-21-102 Attachment Page 6 of 7 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX 2. Mental domain not including a mental illness (including but not limited to a learning disability, developmental disability, dementia) 3. Physical/mobility domain 4. Chronic health condition (including, but not limited to, chronic pain) 5. Other (specify) bb. No cc. Number of respondents who declined to answer this question vii. Veteran Status dd. Yes ee. No ff. Number of respondents who declined to answer this question viii. Gender gg. Assigned at birth 1. Male 2. Female 3. Number of respondents who declined to answer the question hh. Current gender identity 1. Male 2. Female 3. Transgender 4. Genderqueer 5. Questioning or unsure of gender identity 6. Another gender identity 7. Number of respondents who declined to answer the question C. Contractor shall provide reports quarterly to the County. D. Contractor shall provide additional reports, as needed or requested by County, during the duration of the contract. PROCUREMENT AGREEMENT NUMBER: P-21-102 Attachment Page 7 of 7 The Source LGBT+ Center April 8, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\2021 CONTRACTS\P-21-102 LGBTQ+ POP UP EVENTS\CONTRACTS\P-21-102 THE SOURCE LGBT+ CENTER.DOCX BUDGET SUMMARY Budget Details Pop Up Event Total Events Cost Per Event Total The Source LGBT+ Center Event # 1 through # 9 9 $833 $ 7,497 Event # 10 1 $837 $ 837 Subtotal $ 10,000 Subcontractor Fresno Economic Opportunities Commission Sessions # 1 through # 9 9 $833 $ 7,497 Session # 10 1 $837 $ 837 Subtotal $ 10,000 Total $ 20,000 Budget Narrative • The Source LGBT+ Center will provide a total of 10 Pop Up events. Events 1 through 9 will be billed at a rate of $833. The 10th event will be billed a rate of $837. (9 events x $833) + (1 event x $837) = $10,000.00 • Fresno Economic Opportunities Commission (subcontractor) will provide a total of 10 Pop Up events. Events 1 through 9 will be billed at a rate of $833. The 10th event will be billed a rate of $837. (9 events x $833) + (1 event x $837) = $10,000.00 • Total maximum compensation for the contract term is $20,000. Payments shall be made by County to Contractor in arrears, for services provided during the preceding month, within forty-five (45) days after the date of receipt, verification, and approval of Contractor’s invoices by County’s DBH. Contractor shall submit any back up documentation to verify cost incurred or services rendered. Contractor shall invoice County in arrears by the twentieth (20th) day of each month for services rendered in the previous month to: DBH-Invoices@fresnocountyca.gov.