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HomeMy WebLinkAboutP-22-332 Rising Social Strategies LLC Ken Berrick.pdf CO,U County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet•Graphics• Purchasing •Security•Technology O� 185O ORES PROCUREMENT AGREEMENT Agreement Number P-22-332 August 2, 2022 Rising Social Strategies, LLC (Ken Berrick) 6542 Gwin Road Oakland, CA 94611 The County of Fresno (County) hereby contracts with Rising Social Strategies, LLC (Ken Berrick) (Contractor)for Complex Needs Youth Consultation to Child Welfare Staff in accordance with the text of this agreement, Attachment"A", by this reference made a part hereof. TERM: This Agreement shall become effective July 1, 2022 and shall remain in effect through June 30, 2023. EXTENSION: This Agreement may be extended for one (1)additional one (1)year period by the mutual written consent of all parties. 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 fifty- five thousand dollars ($55,000.00). 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. 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. 333 W. Pontiac Way,Clovis,CA 93612/(559)600-7110 The County of Fresno is an Equal Employment Opportunity Employer PROCUREMENT AGREEMENT NUMBER: P-22-332 Page 2 Rising Social Strategies, LLC (Ken Berrick) August 2, 2022 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 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. 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 G:\PUBLIC\CONTRACTS&EXTRACTS\2022 CONTRACTS\P-22-332 RISING SOCIAL STRATEGIES, LLC - KEN BERRICK\CONTRACTS& AMENDMENTS\P-22-332 RISING SOCIAL STRATEGIES LLC (KEN BERRICK).DOCX PROCUREMENT AGREEMENT NUMBER: P-22-332 Page 3 Rising Social Strategies, LLC (Ken Berrick) August 2, 2022 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 DSSContractlnsurance(a�_fresnocountyca.gov, with an ATTN to Alina Duenas 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 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. G:\PUBLIC\CONTRACTS&EXTRACTS\2022 CONTRACTS\P-22-332 RISING SOCIAL STRATEGIES, LLC - KEN BERRICK\CONTRACTS& AMENDMENTS\P-22-332 RISING SOCIAL STRATEGIES LLC (KEN BERRICK).DOCX PROCUREMENT AGREEMENT NUMBER: P-22-332 Page 4 Rising Social Strategies, LLC (Ken Berrick) August 2, 2022 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. 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(abfresnocountyca.gov. FOR THE COUNTY OF FRESNO Digitally signed by Gary Cornuelle Gary CO rn U e I I e Date:2022.08.09 16:28:07-07'00' Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:slw G:\PUBLIC\CONTRACTS&EXTRACTS\2022 CONTRACTS\P-22-332 RISING SOCIAL STRATEGIES, LLC - KEN BERRICK\CONTRACTS& AMENDMENTS\P-22-332 RISING SOCIAL STRATEGIES LLC (KEN BERRICK).DOCC PROCUREMENT AGREEMENT NUMBER: P-22-332 Page 5 Rising Social Strategies, LLC (Ken Berrick) August 2, 2022 CONTRACTOR TO COMPLETE: Company: Rising Social Strategies LLC Type of Entity: ❑ Individual Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ❑ Corporation ❑ General Partnership 6542 Gwin Road Oakland CA 94611 Address City State Zip 510-507-4488 N/A ken@senecacenter.org TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Ken Berrick, Manager Title: Print Name &Title: Kenneth Digitally signed by Kenneth Berrick Berrick Date:2022.08.09 Signature: 16:08:31-07'oo' Signature: ACCOUNTING USE ONLY ORG No.: 56107441 Account No.: 7870 Requisition No.: 5612300090 (06/2022) G:\PUBLIC\CONTRACTS&EXTRACTS\2022 CONTRACTS\P-22-332 RISING SOCIAL STRATEGIES, LLC - KEN BERRICK\CONTRACTS& AMENDMENTS\P-22-332 RISING SOCIAL STRATEGIES LLC (KEN BERRICK).DOOC PROCUREMENT AGREEMENT NUMBER: P-22-332 ATTACHMENT"A" Page 1 of 2 Rising Social Strategies,LLC(Ken Berrick) 08/02/22 ATTATCHMENT "A" SCOPE OF WORK Organization: Berrick Consulting, Principal Services: Consultant for High Level Needs and Difficult to Place Youth in Out-of- Home Care Contact: Ken Berrick, Principal Phone/Email: 510-507-4488/ken.berrick@gmail.com Contract Period: One year(July 1, 2022—June 30, 2023) Contract Amount: $55,000.00 Background Ken Berrick is the Principal Consultant of Berrick Consulting and has a longstanding history of working with high needs youth,families, and Fresno County's Department of Social Services. Mr. Berrick is a founder of Seneca Family of Agencies (established 1985), an agency dedicated to serving children and their families through comprehensive continuum of mental health, education, and child welfare/juvenile justice programs. In 2010, Mr. Barrick co-authored Unconditional Care, a publication documenting Seneca's treatment model for working with youth with intensive needs through relational, behavioral, and ecological streams of assessment and intervention. In 2021, Mr. Berrick founded Just Advocates, an organization dedicated to providing individualized support to children and solutions that advance the interest of children and families. Mr. Berrick is active in leading and advocating for policy developments that serve the best interests of youth involved in the child welfare system. Summary of Services Mr. Berrick shall act as a subject matter expert to the Department of Social Services (DSS), related to the needs of children and youth in out-of-home placements who are hard to place and have high level needs. Mr. Berrick shall act as a consultant to the DSS, as requested,to assist in meeting the needs of high need youth,that are involved in the DSS' child welfare system and are in out-of-home placements.The overall goal is to assist in the stabilization of high risk youth, support staff to positively engage with these youth, and ultimately to achieve an optimal long-term placement. Mr. Berrick will provide consultation to child welfare staff, particularly staff located at Mod C, on youth admitted to the facility. Mr. Berrick will also provide consultation to other department staff as needed. Mr. Berrick will meet with supervisors and management staff to provide updates on service provision and work within the department. Mr. Berrick shall submit a monthly report to DSS that details actual hours provided and consultation provided. DSS shall develop the required monthly report. PROCUREMENT AGREEMENT NUMBER: P-22-332 ATTACHMENT"A" Page 2 of 2 Rising Social Strategies,LLC(Ken Berrick) 08/02/22 Specific Berrick Consulting services to the County include, but are not limited to: • Reviewing current resources to support high needs youth • Reviewing specific high needs youth cases • Providing, as directed by the Department, direct services to specified youth as needed to stabilize and support the youth • Suggesting internal and external program alternatives • Reviewing,with the County, options for the development of programs to support youth with specific and/or high needs, and • Assisting the County in linking systems toward a coordinated care approach Confidentiality Mr. Berrick shall be aware of and follow all applicable Federal, State, and local laws and regulations related to confidentiality. Service Hours Mr. Berrick will provide services as determined needed by DSS. A maximum of 200 hours over the course of the contract term is authorized (not to exceed over a period of 12 months). Actual hours will vary based on DSS needs, and it is understood that there is no guarantee of a minimum number of hours that DSS will access Mr. Berrick's services. Billable hours will include on and off-site consultation and activities directly associated with DSS needs. Communication DSS will designate a primary program liaison to oversee and monitor activities. Insurance Mr. Berrick agrees to maintain all necessary insurance coverage. BUDGET: CATEGORY BUDGET TOTAL Unit of Service @ $275 per Hour, or fraction thereof Maximum Contract Units=200 $55,000.00 Budget Narrative: Unit of Service is inclusive of all costs associated with the provision of services. Submitted invoices shall include itemized detail of billed hours. Daily billable hours will not exceed actual hours involved or a maximum of 8 hours for full day. Mr. Berrick may also bill for 15-minute increments, at$68.75, dependent on DSS need.