HomeMy WebLinkAboutP-22-321 Focus Forward.pdf CoU County of Fresno
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PROCUREMENT AGREEMENT
Agreement Number P-22-321
July 19, 2022
Focus Forward
Attn: Joanna Litchenberg
3333 E. American Avenue, Ste. B
Fresno, CA 93725
The County of Fresno (County) hereby contracts with Focus Forward (Contractor)for Supervision of Foster
Youth on County Premises in accordance with the text of this agreement and Attachment"A", by this
reference made a part hereof.
TERM: This Agreement shall become effective July 1, 2022 and shall remain in effect through October 31,
2022.
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 Social Services under this
contract.
PRICES: Prices shall be firm for the contract period.
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of one
hundred ten thousand nine hundred sixty dollars ($110,960.00).
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.
INVOICING: An itemized invoice shall be sent 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.
333 W.Pontiac Way,Clovis,CA 93612/(559)600-7110
The County of Fresno is an Equal Employment Opportunity Employer"
PROCUREMENT AGREEMENT NUMBER: P-22.321 Page 2
Focus Forward
July 19, 2022
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
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.
E. Sexual Abuse/Molestation Liability: Sexual abuse/molestation liability insurance with limits of not less
than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00)annual
aggregate. This policy shall be issued on a per occurrence basis.
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WORKING PROCUREMENT AGREEMENT.DOCX
PROCUREMENT AGREEMENT NUMBER: P-22-321 Page 3
Focus Forward
July 19,2022
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 Social Services mailbox at
DSSContractinsurance@fresnocountyca,gov,with an ATTN to Christie Lee,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 VI 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
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PROCUREMENT AGREEMENT NUMBER: P-22-321 Page 4
Focus Forward
July 19, 2022
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: T_his-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.
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 Susan Walker, Purchasing Technician at 559-600-7111 or
suwalker@fresnocountyca.gov.
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WORKING PROCUREMENT AGREEMENT.DOCX
PROCUREMENT AGREEMENT NUMBER: P-22-321 Page 5
Focus Forward
July 19, 2022
FOR THE COUNTY OF FRESNO
Digitally signed by Gary Cornuelle
Gary C O rn U e I I e Date:2022.07.28 09:01:52-07'00'
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:slw
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WORKING PROCUREMENT AGREEMENT.DOIX
PROCUREMENT AGREEMENT NUMBER: P-22-321 Page 6
Focus Forward
July 19, 2022
CONTRACTOR TO COMPLETE:
Company: FOCUS Forward
Type of Entity:
El Individual E Limited Liability Company
❑ Sole Proprietorship Limited Liability Partnership
■M Corporation E] General Partnership
3333 E. American Ave. Suite B Fresno CA 93725
Address City State Zip
(559) 600-4961 (559) 600-4895 admin@focusforward.org
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
Print Name& Joanna Litchenberg, CEO . �'�/ /
Title: Print Name &Title: G I I�Gl�'T zf Z�r� a7�
Digitally signed by Joanna
Lilchenberg
Signature: Dale:2022.07.2109:13:07-07'00' Signature:
ACCOUNTING USE ONLY
ORG No.: 56107001
Account No.: 7870
Requisition No.: 5612300028
(06/2022)
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WORKING PROCUREMENT AGREEMENT.DOO<
PROCUREMENT AGREEMENT NUMBER: P-22-321 Attachment"A" Page 1 of 4
Focus Forward
07/18/22
FOCUS
FORWARD
Creating Pathways to Success
for Youth in County Systems
FOCUS FOWARD
SUMMARY OF SERVICES and BUDGET
Youth Supervision for DSS
Focus Forward will provide after-hours and weekend supervision of foster youth and/or
youth placed into protective custody, consistent with the core hours/days identified
below.
It is understood that locations for supervision will primarily include University Medical
Center (UMC) Modular C at 4445 E. Inyo, Fresno, Juvenile Probation offices at 3333 E.
American Ave, Fresno, local hospital settings, and any county designated location
(Fresno metro area).
FOCUS FORWARD RESPONSIBILITIES
Focus Forward agrees to:
A) Maintain sufficient staff available to provide supervision during the following core
hours/days:
1 . Between the hours of 5:00pm and 8:30am Monday through Thursday;
2. All weekend from Friday 5:00pm through 8:30am the following Monday;
3. All County of Fresno holidays beginning the day before the holiday at 5:00pm
until 8:30am the following workday.
B) Dispatch and ensure staff report to the location identified by County within 1 hour of
County request for service, or as otherwise scheduled.
C) Provide brief written service reports for each service call.
D) Provide verbal/written incident reports of significant events that occur during
supervision, as needed and/or requested by County.
E) Follow County protocols and policies regarding youth supervision and care.
Focus Forward
3333 E.American Ave, Suite B
Fresno, CA 93725
www.focusforward.org 1559-600-4961 1 focusforward559
PROCUREMENT AGREEMENT NUMBER: P-22-321 Attachment"A" Page 2 of 4
Focus Forward
07/18/22
F) Staff providing supervision and care of youth at Mod C will be under the direction of
the shelter administrator and/or facility manager.
G) Provide supervisory support to staff including but not limited to:
1. General guidance/assistance with questions/concerns related to service
provision;
2. Debriefing after critical incidents, as needed;
3. Encouraging staff self-care.
H) Ensure all staff providing services comply with any health and safety requirements
mandated by the County, including but not limited to, Public Health guidance.
1) Ensure all staff providing services complete fingerprinting and background checks
(DMV, local, State and Federal criminal records checks).
J) Ensure staff are aware of and follow all applicable Federal, State and local laws and
regulations relating to Confidentiality.
K) Comply with health screening and tuberculosis testing requirements set by
Community Care Licensing for Transitional Shelter Care Facilities (TSCF).
L) Comply with all training requirements designated by the County.
M) Comply with any other Community Care Licensing requirement.
Vaccination Requirement
Following Public Health Guidance, staff that will be supervising youth must be fully
vaccinated or have a qualified medical reason or religious exemption and ability to meet
testing requirement must be met.
INVOICING
In accordance with County guidelines, Focus Forward will submit an invoice to DSS on
a monthly basis by the tenth (10th) of each month for services provided in the previous
month. Invoices will be submitted to: DSSinvoicesna.fresnocountyca.gov.
AGENCY CONTACT INFORMATION
ADDRESS: 3333 E. American Ave. Suite B
SERVICES: Supervision of Foster Youth
TELEPHONE: (559) 600-4961
CONTACT: Joanna Litchenberg, Chief Executive Officer
EMAIL: joannaz@focusforward.org
Focus Forward
3333 E.American Ave,Suite B
Fresno,CA 93725
www.focusforward.ore 1 559-600-4961 1 q z"' , focusforward559
PROCUREMENT AGREEMENT NUMBER: P-22-321 Attachment"A" Page 3 of 4
Focus Forward
07/18/22
FOCUS FORWARD - BUDGET
Supervision of Foster Youth for DSS
July 1, 2022, to October 31, 2022
RATES
On-Call Rate: $35 per hour for up to 502 hours per month
On-Site Supervision Rate: $50 per hour for up to 125.5 hours a week
Multiple Staff Supervision Rate: $70 per hour
Supplemental Supervision: $80 per hour for above 125.5/week
Maximum Compensation for the entire specified period shall not exceed $110,960.
BUDGET CLARIFICATIONS
The actual quantity of supervision services required will vary each month. The fee
structure is inclusive of all costs associated with the provision of these services
including any operational costs (e.g., insurance, office, facility, travel, HR, finance, and
equipment expenses). No additional compensation will be provided.
Staffing
Program Director (0.75 FTE)— Responsibilities will include management of all aspects
of the services. This includes hiring, training, and supervising staff; coordinating
schedules to meet service needs while complying with HR labor laws; communicating
with DSS staff on critical incidents, concerns, and strategic modifications, as needed;
providing supervision when other staff are sick or otherwise cannot complete their shift;
and all other administrative responsibilities of Focus Forward supervisors. The Program
Director will be responsible for recruiting and hiring a minimum of six reliable on-call, per
diem staff to fulfill the service needs of youth supervision.
Staff—A minimum of six (6) staff will be hired and utilized for the direct provision of
youth supervision. Maximum need is estimated at 125.5 hours in any given week. Staff
plus the Program Director will be able to cover all shifts needed. Additional staff will be
hired if needed. In extenuating circumstances Focus Forward CEO will be available to
cover youth supervision if necessary.
Focus Forward
3333 E.American Ave, Suite B
Fresno,CA 93725
www.focusforward.org 1 559-600-4961 1 r c focusforward559
PROCUREMENT AGREEMENT NUMBER: P-22-321 Attachment"A" Page 4 of 4
Focus Forward
07/18/22
Clarification of Rates:
• On-Call Rate ($35.00/hour) — Rate charged by the agency for any on-call hours. It is
not charged for hours when supervision is taking place, and it represents a total
charge, not per staff on-call. Focus Forward will not charge, and the County will not
pay, for any "on-call" hours that does not have staff available for supervision.
• Multiple Staff Supervision Rate ($70 per hour)— Rate charged when more than one
staff is supervising, which could be two or more staff, as required.
• Supplemental Supervision: $80 per hour for service above 125.5 hours per week.
The same rate will apply should multiple staff be required.
• Different rates will not be charged simultaneously.
• Any time staff are not providing direct supervision, including travel time to and from
the County facility, only the on-call rate will be charged. The supervision rate applies
when staff report to the location identified by County.
Focus Forward
3333 E.American Ave, Suite B
Fresno,CA 93725
www.focusforward.org 1559-600-4961 1 fi e7" focusforward559