HomeMy WebLinkAbout25424COUNTY OF FRESNO
... PURCHASING
DATE: 3/26/2010
THIS EXTRACTIS FOR REFERENCE AND INFORMATIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMENTDECISIONS MUST
BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED AfOl!iE r TO THE COUNTY'S PURCHASING OFFICE AT 45671 10.
CONTRACT NUMBER: A-04182 VENDOR NUMBER
CONTRACT TITLE: Mediation Swim NAME /ADDRESS VORP
4882 E. Townsend
CONTRACT PERIOD: 7/1/2MX) thw 6/30/2012 ;ENCLUE MULwLE FRESNO, CA 93721
USING AGENCIES: Pmbatim
TERMS: Net 45 Days
DEUVERY TERMS:
DEUVERY TIME:
BUYER: G - Craig J. Nickel
CONTRACT VALUE: $72,000.00 Maximum
LOCATION:
REPRESENTATIVE: Noelk Daoudan
TELEPHONE: (559) 455-9803
FAX:
E-MAIL:
BOARLK3K)UWsTATE COM NO:
REQUISITION NO'S:
343100@&
Rdu-
Tkb ~211~012
ON- tlrngn*~ Coda 951
Own KIU REPORTS. n~as
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COMMODITIES. SERVICES OR MAINTENANCE COVERED UNDER MIS ACTION:
Mediation Se~ces which seek redress for victims of crime and rwxrmpense by offenders.
SPECIAL CONDITIONS FOR USE:
Ag~ment does not automatically mnew.
DlSTWBUTlOW RMUESTEDBYIDATE mIONAL DISTRIBW
CONIR4cT FILE M
County Agreemenl with VORP. 2WO
counly Agreement # 09-182
AGREEMENT
THIS AGREEMENT is made and entered into thislxhday of May ,2009,
I by and between the COUNTY OF FRESNO. a Political Subdivision of the State of California.
I( (hereinafter MCOUNTY"), and the VICTIM OFFENDER RECONCILIATION PROGRAM, a
11 California Corporation whose principal address is 4882 E. Townsend Avenue, Fresno,
I1 California 93727 (hereinafter "CONTRACTOR"). COUNTY and CONTRACTOR each are a
IIUPav to this Agreement, and together hey are the "Parties" to this Agreement.
WITNESSETH
WHEREAS, COUNTY, through its Probation Department, is in need of mediation
11 services to seek redress for victims of crime and recompense by offenders; and I I WHEREAS, CONTRACTOR represents that it has personnel skilled in the provision of 1 I such services,
11 NOW, THEREFORE, in consideration of their mutual promises, covenants and
I1 conditions, hereinafter set forth, he sufficiency of which is acknowledged, the parties agree as
CONTRACTOR shall provide mediation services as set forth in Exhibit A,
attached hereto and by this reference incorporated herein.
I I The term of this Agreement shall be for a period of three (3) years, commencing I on July 4. 2009 through and including June 30. 2012. 1 Ill. TERMINATION
II A. Non-Allocation of Funds -The terms of this Agreement, and the provision of
1) services to be provided thereunder, are contingent on the approval of funds by the appropriating
County @rsernent wllh VORP. 2009
County Agreement* 09-182
sufficient funds not be allocated, the services provided may be
erminated, at any time by COUNTY giving CONTRACTOR thirty
B. Breach of Contract
COUNTY may immediately suspend or terminate this Agreement in whole
tion of COUNTY there is:
(1) An illegal or improper use of funds;
(2) A failure to comply with any terms of this Agreement;
(3) A substantially incorrect or incomplete report submitted to
(4) Improperly performed setvice;
In no event shall any payment by COUNTY constitute a waiver by
reement or any default which may then exist on the part of
h payment impair or prejudice any remedy available to
h or default. COUNTY shall have the right to demand of
OUNTY of any funds disbursed to CONTRACTOR under
nt of COUNTY were not expended in accordance with the
R shall promptly refund any such funds upon demand.
C. Without Cause
Under circumstances other than those set forth above, this Agreement
the nivirlg of thirty (32) days advance written notice of
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County Agreement wlVl VORP. 2009
county Ageemants 09-482
IV. COMPENSATlONllNVOlClNG
For the satisfactory performance of CONTRACTOR'S services under this
Agreement, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation at the rates stated in Exhibit A to this Agreement. CONTRACTOR shall submit
monthly invoices in triplrcate addressed to the Fresno County Probation Department.
Courthouse -arn Floor, 1100 Van Ness Avenue, Fresno, CA 93721, Attention: Probation
Business Ofice.
In no event shall compensation for services performed under this Agreement be
in excess of Twenty-Four Thousand Dollars and No/100's ($24,000) during each twelve
month period of this Agreement. The maximum amount payable over the entire term of this
Agreement is Seventy-Two Thousand and No1100's ($72,000). It is understood that all
expenses incidental to CONTRACTOR'S provision of services under this Agreement shall be
borne by CONTRACTOR.
Payments by COUNTY shall be made in arrears, for services provided during
the preceding month, and made within forty-five days (45) days after receipt and verrfication of
CONTRACTOR'S properly completed invoices by COUNTY'S Probation Department. If
CONTRACTOR should fall to comply with any provision of this Agreement. COUNTY shall be
relieved of its obligation for further compensation.
V. INDEPENDENT CONTRACTOR
In performance offhe5VoK mes; arrdubtigation- fS'2-B --
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.
and regulations, if any, of governmental authorities having jurisdiction over matters the subject
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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
CONTRACTORS employees, including compliance with Social Security, withholding, and all
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County Agreement with VORP. 2009
County Agreement# 09-182
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
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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.
VI. 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.
VII. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement or their rights or
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duties under this Agreement without the prior written consent of the other party.
VIII. HOLD-HARMLESS
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S
County Apreemenl wilh VORP. 2009
Counly Agreement # O9-I 82
1 request, defend COUNTY, including its officers, agents and employees from any and all costs I I
4 CONTRACTOR, including its officers, agents and employees under this Agreement, and from II
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5 any and all costs and expenses (including attorneys fees and costs), damages, liabilities. I/
and expenses (including attorneys fees and costs), damages, liabilities, claims and losses
occurring or resulting to COUNN in connection with the performance, or failure to perform, by
G claims and losses occurring or resulting to any person, firm or corporation who may be injured II
7 llor damaged by the performance, or failure to perform. of CONTRACTOR. including its
8 /I omcers, agents or employees under this Agreement,
11 CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full I I
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IX, INSURANCE
Without limiting the COUNTY'S right to obtain indemnification from
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force and effect the following insurance policies throughout the term of this Agreement:
A. General l iability
Commerc~al General Liability Insurance with limits of not less than One
Million Dollars and No1100s ($1,000,000.00) per occurrence and an annual aggregate of Two
Million Dollars and No1100s ($2,000,000.00). This policy shall be issued on a per occurrence
basis. COUNN may require specific coverages including completed operations, produck
liability, -------- contractual liabili&&elegalliahilit!garaapWi - ~~SSZV-~---~
because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liabil~ty Insurance with limits for bodily injury
of not less than Two Hundred Fi Thousand Dollars and No/100s ($250,000.00) per person,
Five Hundred Thousand Dollars and Nol100s ($500.000.00) per acadent and for property
damages of not less than Fifty Thousand Dollars and No/100s ($50,000.00), or such coverage
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County Agreement wlm VORP. 200s
~ounty~greement lt 09-182
with a combined single limit of Five Hundred Thousand Dollars and No1100s ($500,000.00).
Coverage shall include owned and non-owned vehicles used in connection with this
Agreement.
C. Worker's Com~ensation
A policy of worker's compensation insurance as may be required by the
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Calrfornia Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General
Liability insurance naming the County of Fresno, including 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, including its
officers, agents and employees, shall be excass 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.
W~thin thirty (30) days from the date CONTRACTOR executes this
Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated
above for all of the foregoing policies, as required herein, to COUNTY'S Probation
Department, Attention: Probation Business Manager, stating that such insurance coverages
have been obtained and are in full force; that the County of Fresno, including its officers,
agents and employees will not be responsible for any premiums on the policies; that such
Cornrnercral General Liability insurance names the County of Fresno, including its officers,
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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
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Cwnly Agreement wlh VORP. ZOM
County Agreement# 09-182
COUNTY, including 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,
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1 the COUNTY may deem necessary, make available to the COUNTY for examination all of its
records and data with respect to the matters covered by this Agreement. The CONTRACTOR
shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all such
records and data necessary to ensure CONTRACTOR'S compliance with the terms of this
Agreement.
if this Agreement exceeds Ten Thousand and No1100 Dollars ($10,000.00),
CONTRACTOR shall be subject to the examination and audit of the Auditor General for a
period of three (3) years afler final payment under this contract (Govt. Code section 8546.7).
XI. NOTICES
The persons and their addresses having authority to give and receive notrces
under this Agreement include the following:
immediately suspend or terminate this Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the
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State of California. Insurance purchased shall be purchased from companles possessing a
current A.M. Best, Inc. rating of A FSC VII or better.
X. AUDITS AND INSPECTIONS
The CONTRACTOR shall at any time during business hours, and as often as
COUNTY:
County Agreement with VORP. 2009
county Agreement 09-182
Chief Probation Officer
Fresno County Probation Department
I 100 Van Ness Avenue
Fresno, California, 93721
CONTRACTOR: Director
Victim Offender Reconciliation Program
4882 E. Townsend Avenue
Fresno, California 93727
11 Any and all notices between the COUNTY and the CONTRACTOR provided for I
7 or permitted under this Agreement or by law shall be in writing and shall be deemed duly II I
8 sewed when personally delivered to one of the parties, or in lieu of such personal service, II
9 when deposited in the United States Mail, postage prepaid, addressed to such party. I1
lo 11 XII. GOVERNING LAW I
l1 II Venue for any action arising out of or relating to this Agreement shall only be in I
12 Fresno County, California. The rights and obligatiins of the parties and all interpretation and I I
13 performance of this Agreement shall be governed in all respects by the laws of the State of II I
14 California. I I I
17 the CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes II I
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18 all previous Agreement negotiations, proposals, commitments, writings, advertisements, I I I
XIII. ENTIRE AGREEMENT
This Agreement, including Exhibit A, constitutes the entire agreement between
19 publications, and understandings of any nature whatsoever unless expressly included in this I I I
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Agreement.
Ill
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County Agreemenl wilh VORP, 2009
CountyAgreemenrY 09182
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
2 of the day and year first hereinabove written. I I
3 CONTRACTOR COUNTY OF FRESNO
5 Noelle Daoudian
L3.-
Susan B. Anderson
Director Chairman. Board of Su~ervisors
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Date: Date: 5) 12
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AlTEST:
Bernice Seidel, Clerk to Board of Supervisors
REVIEWED & RECOMMENDED
FOR APPROVAL: ,-
APPROVED AS TO LEGAL FORM:
Kevin B. Briggs, Interim County Counsel
APPROVED AS TO ACCOUNTING FORM:
Vicki Crow, CPA
Auditor-ControllerlTreasurer-Tax Collector
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BY (r(
7. \ ' h 5.u FOR ACCOUNTING USE ONLY: Deputy
Org. No.: 34300200
Acct. No.: 7295
Counly AQreement with VORP. 2005
County Agreement tr 09-182
EXHIBIT A
2 Referrals will be made to the Contractor by the court, public defender, district attorney, or I I
3 probation department for services as follows: I I 11 SERVICES
1) Contractor will provide at a minimum ten (10) fully trained mediators to initiate, monitor
and complete the Restorative Justice Conference (RJC). The RJC unites the offender,
victim, and contractor, with the assistance of the Probation Department when needed.
An agreement will be established and signed by the offender and victim. This may be,
but is not limited to restitution, public service, and/or counseling.
2) The Contractor will contact the victim, offender and his or her family to determine their 11 participation in the RJC.
11 3) The Contractor will provide all necessaw arrangements for the RJC.
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6) The Contractor will ensure proper monitoring of the Offender's performance of his or
her obligation under the agreement until its completion (or failure to fully perform under
the agreement) for whatever necessary timeframe.
4) The Contractor will contact and make preparations for the RJC with all the appropriate
individuals and agencies (Police, Probation Officer, District Attorney, Offender,
Offender's Family, Victim and any other agency necessary to complete the RJC).
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7) The Contractor will provide an average of ten (10) RJC's and prepare related
agreements per month for the term of this agreement at a compensation rate of two
thousand ($2,000) per month.
5) The Contractor will facilitate and directly participate in the RJC and prepare an
agreement to be executed by participating parties.
8) If the County pays the maximum allowable amount of compensation of twenty four
thousand dollars ($24,000.00) in any term of Contractor's agreement with the County,
the Contractor agrees to continue to maintain the average of completing ten (10) RJC's
and preparing related agreements per month through the then-current term of this
agreement without any additional compensation for completing such RJC's or
preparing related agreements.
CERTIFICATE OF 'DELIVERY OF DOCUMENT
I am employed by the County of Fresno as a Deputy Clerk of the Board of
Supervisors. On May 12.2009 1 delivered a copy of Agreement No. 09-182 (Item
no. 30) to the Chairman of the Fresno County Board of Supervisors.
Deputy Clerk