HomeMy WebLinkAboutP-21-239 Fresno Economic Opportunities Commission.pdf
333 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
PROCUREMENT AGREEMENT
Agreement Number P-21-239
June 25, 2021
Fresno Economic Opportunities Commission
1920 Mariposa Mall, Suite 300
Fresno, CA 93721
The County of Fresno (County) hereby contracts with Fresno Economic Opportunities Commission
(Contractor) to provide transportation services for CalWorks Welfare-To-Work participants in accordance with
- Summary of Services and Budget, by this reference made a part
hereof.
TERM: This Agreement shall become effective July 1, 2021 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:
ORDERS: Orders will be placed on an as-needed basis by County of Fresno Department of Social Services
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 two
hundred thousand dollars ($200,000.00).
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-21-239 Page 2
Fresno Economic Opportunities Commission
June 25, 2021
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INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department 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 terminate this Agreement upon thirty (30) days 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
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
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-21-239 Page 3
Fresno Economic Opportunities Commission
June 25, 2021
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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
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
r 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
emailed to the following inbox: DSSContractInsurance@fresnocountyca.gov 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. Certificates of
Insurance are to include the contract number at the top of the first page.
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-21-239 Page 4
Fresno Economic Opportunities Commission
June 25, 2021
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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"); (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. cess 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-21-239 Page 5
Fresno Economic Opportunities Commission
June 25, 2021
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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 Chanvathei Lonh, Purchasing Technician, at (559) 600-7110 or
clonh@fresnocountyca.gov .
FOR THE COUNTY OF FRESNO
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:CL
PROCUREMENT AGREEMENT NUMBER: P-21-239 Page 6
Fresno Economic Opportunities Commission
June 25, 2021
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CONTRACTOR TO COMPLETE:
Company:
Type of Entity:
Individual Limited Liability Company
Sole Proprietorship Limited Liability Partnership
Corporation General Partnership
Address City State Zip
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
Print Name & Title:
Print Name & Title:
Signature:
Signature:
ACCOUNTING USE ONLY
ORG No.: 56107001
Account No.: 7870
Requisition No.: 5612101371
(02/2021)
SUMMARY OF SERVICES
Organization: Fresno Economic Opportunities Commission
Service: Overnight Transportation
Address: 1920 Mariposa Mall, Fresno, CA 93721
Contact: Monty Cox
Phone Number: (559) 263-8004
Email:Monty.Cox@fresnoeoc.org
Term and Contract Amount: July 1, 2021 - June 30, 2022; $200,000
____________________________________________________________________________
Fresno Economic Opportunities Commission (EOC) will provide transportation services to
California Work Opportunity and Responsibility to Kids (CalWORKs) Welfare-To-Work (WTW)
participants and their children to and from childcare sites and to the participants approved
WTW activity. Services shall be provided in the Cities of Fresno and Clovis during non-
traditional hours, weekends and in areas where public transportation is limited or not available.
Target Population:
Services will be limited to referred WTW participants and their children, as possible, to the
extent of occupancy for the service vehicles.
I. Contractor Responsibilities
A. EOC will provide transportation services:
1. To and from the participants approved WTW activity and their childcare facility
with the least possible wait time.
2. Seven (7) days per week, excluding the below holidays:
a. New Year's Day- January
b. Martin Luther King Jr. Day- Third Monday in January
c. President's Day- Third Monday in February
d. Memorial Day- Last Monday in May
e. Independence Day- July 4
f. Labor Day- First Monday in September
g. Thanksgiving- Last Thursday in November
h. Day after Thanksgiving- Last Friday in November
i. Christmas Day- December 25
3. Between the hours of 8:00 PM - 7:00 AM.
4. Within the designated geographic regions of the City of Fresno and City of
Clovis, California.
B. EOC will have one (1) vehicle and one (1) driver for each 11-hour service days, Monday
through Friday. EOC will provide 7.5-hour service days for Saturday and Sunday.
Additional vehicles may be added, as needed, to accommodate increase in referrals
after mutual discussion and agreement. Vehicles must include:
1. Continuous coverage between 8:00 PM and 7:00 AM.
2. Accommodations for clients with child car seats.
3. Accommodations for non-ambulatory participants with wheelchairs.
PROCUREMENT AGREEMENT NUMBER: P-21-239
Fresno Economic Opportunities Commission
ATTACHMENT A
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4. Wheelchair lift and tie-downs for non-ambulatory participants.
5. Child car seats for participant referrals that specify a need for child car seats.
C. EOC will be responsible for:
1. Maintaining a passenger log and provide to DSS monthly;
2. Providing monthly activity reports to DSS and include information requested;
3. Tracking driver routes and meeting with DSS monthly to discuss mapping and
streamlining services;
4. Ensuring vehicles and drivers maintain appropriate insurance, and ensure drivers
maintain a valid Class B License;
5. Ensuring Dispatch Office has sufficient staffing levels for the purposes of the
contract terms; and
6. Meet with DSS staff on a regular basis, or as often as needed, to exchange
pertinent information, resolve problems, and coordinate services.
II. County Responsibilities
A. Refer WTW participants who are employed, engaged in vocational training, or other
education, and require transportation between the hours of 8:00 PM and 7:00 AM.
B. Make sufficient referrals to maximize vehicle usage during the contract year.
C. Discuss needs for transportation services in non-urban regions of Fresno County
with the Contractor as necessary.
D. Make every effort to notify the Contractor of new referrals or changes to referrals 72
hours in advance, and provide all necessary information including rider name;
contact information; pick-up location and time; children under the age of six (6) or
sixty (60) pounds; and drop-off location and time.
E. Meet with the Contractor on a regular basis, or as often as needed, to exchange
pertinent information, resolve problems, and coordinate services.
III. Outcomes
A. 150 unique WTW participants will receive transportation services over the 12-month
term of the contract.
B. By December 31, 2021, EOC shall have mapped all pickup/drop-off locations and
provided recommendations on common locations and streamlined routes to DSS.
This data tracking/mapping will continue throughout the contract term, but the first 6
months of data shall be prepared by December, 31, 2021.
PROCUREMENT AGREEMENT NUMBER: P-21-239
Fresno Economic Opportunities Commission
ATTACHMENT A
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PROCUREMENT AGREEMENT NUMBER: P-21-239
Fresno Economic Opportunities Commission
ATTACHMENT A
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