HomeMy WebLinkAboutP-22-386 EOC LGBTQ Pop Up Events.pdf coU County of Fresno
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PROCUREMENT AGREEMENT
Agreement Number P-22-386
August 30, 2022
Fresno Economic Opportunities Commission
1920 Mariposa Mall, Ste 300
Fresno, CA 93721
The County of Fresno (County) hereby contracts with Fresno Economic Opportunities Commission
(Contractor)to provide LGBTQ+ Pop Up Events in accordance with the text of this agreement and
Attachment"A".
TERM: This Agreement shall become effective August 30, 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.
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 the Department of Behavioral Health 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
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.
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*
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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-Col lapse-
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
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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, Erinn Chan-Golston, Principal Staff Analyst,
Echangolston(aD_fresnocountyca.gic, 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. 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.
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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 Margo Jacobie, Purchasing Analyst, at (559)600-7110 or
mjacobie@fresnocountyca.gov.
FOR THE COUNTY OF FRESNO
Digitally signed by Gary
Gary Comuelle
Cornuelle Date:2022.09.01
12:01:40-07'00'
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:MJ
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August 30, 2022
CONTRACTOR TO COMPLETE:
Company: Fresno Economic Opportunities Commission
Type of Entity:
❑ Individual ❑ Limited Liability Company
❑ Sole Proprietorship ❑ Limited Liability Partnership
■❑ Corporation ❑ General Partnership
1920 Mariposa Street, Suite 300 Fresno CA 93721
Address City State Zip
(559) 263-1000 (559) 263-1286 Emilia.Reyes@fresnoeoc.org
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
Print Name & Emilia Reyes CEO
Title: Print Name &Title:
Signature: Cam'"' ` ' /0 5 Signature:
ACCOUNTING USE ONLY
ORG No.: 56304776
Account No.: 7295
Requisition No.: 5632310024
(06/2022)
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PROCUREMENT AGREEMENT NUMBER: P-22-386 Page 1 of 8
Fresno Economic Opportunities Commission
August 30, 2022
ATTACHMENT "A "
SUMMARY OF SERVICES
ORGANIZATION:
Fresno Economic Opportunities Commission
SERVICE:
LGBTQ+ Pop Up Groups for Suicide Prevention
OFFICE ADDRESS:
1920 Mariposa Mall Ste 300
Fresno, CA 93721
OFFICE TELEPHONE:
559-263-1000
CONTACT(S):
Jennifer Cruz, Program Lead— men nifer.cruz(aDfresnoeoc.org
Misty Gattie-Blanco, Supervisor— misty.gattie-blanco(a)fresnoeoc.orq
Emilia Reyes, Executive Director- emilia.reyes(cD_fresnoeoc.org
CONTRACT PERIOD: Effective Upon Execution —June 30, 2023
AMOUNT: Effective Upon Execution —June 30, 2023: $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 prevent 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.
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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 • World AIDS Day
• LGBT Black History • CVAHT-Human Trafficking in the
LGBTQ community
• Peter Robertson Fresno LGBT History
• SUD prevention presentation
• Healthy Relationships Healthy
Boundaries • Know your rights--ACLU
• Harvey Milk Day • Dr. Julie Nicole-trans healthcare
• Pride Month/Marsha P Johnson • Pride Month virtual Event
• Community Healing Circle • Gender marker/ID &BC change
• Spectrum Center/Pink Panthers • Fresno State CCGC--game day
• Suicide Prevention/Trevor Project • Reel Pride--movie event
Speaker
• SLID prevention - presentation
• LGBT History Month
• Trans Day of Visibility—TEM
• Trans Day of Remembrance
• Panel--non binary, GNC
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B. Determine location of Pop Ups
Pop Ups should be held in person at various locations in the community which provide a safe space
for our LGBTQ+ population. A hybrid option may be provided as needed to allow for greater
accessibility or for individuals who feel safer participating remotely. Under certain circumstances,
Pop Ups may be provided in a completely virtual environment.
C. 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.
D. Lead and facilitate the Pop Up events
Pop Ups events shall be led by the EOC LGBTQ+ Center. Guest facilitators and presenters may be
arranged by the EOC LGBTQ+ Center.
E. 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.
F. 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.
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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
I. More than one race
M. Number of respondents who declined to answer
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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
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
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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)
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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
Vli. Veteran Status
dd. Yes
ee. No
ff. Number of respondents who declined to answer this question
Vlli. 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.
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D.Contractor shall provide additional reports, as needed or requested by County, during the duration
of the contract.
BUDGET SUMMARY
Budget Details
Pop Up Event Total Events Cost Per Event Total
Fresno Economic Opportunities Commission
Sessions#1 through #20 20 $1000 $ 20,000
Total $ 20,000
Budget Narrative
• Fresno Economic Opportunities Commission will provide a total of 20 Pop Up events.
Events 1 through 20 will be billed at a rate of$1000.
• 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(abfresnocountyca.gov.
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