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HomeMy WebLinkAboutP-22-469 McGhee and Associates LLC.pdf COU County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet• Graphics • Purchasing • Security • Technology p� 1856�p PROCUREMENT AGREEMENT Agreement Number P-22-469 October 25, 2022 McGhee and Associates, LLC Attn: Kimberly McGhee 2791 Culloden Avenue Henderson, NV 89044 The County of Fresno (County) hereby contracts with McGhee and Associates, LLC (Contractor) for After Hours Answering Services in accordance with the text of this agreement, Attachment"A", County of Fresno Request for Quotation No: 22-059 and the attached contractors response to County of Fresno Request for Quotation No: 22-059 by this reference made a part hereof. TERM: This Agreement shall become effective December 1, 2022 and shall remain in effect through November 30, 2025. EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods 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 Department of Social Services and Department of Public Works and Planning 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 seventy-nine thousand nine hundred twenty dollars ($79,920.00). 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 333 W. Pontiac Way, Ciovis, CA 93612 / (559) 600-7110 " The County of Fresno is an Equal Employment Opportunity Employer. PROCUREMENT AGREEMENT NUMBER: P-22-469 Page 2 McGhee and Associates, LLC October 25, 2022 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. 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. P-22-469 McGhee and Associates LLC.docx PROCUREMENT AGREEMENT NUMBER: P-22-469 Page 3 McGhee and Associates, LLC October 25, 2022 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 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 at DSSinvoices@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 P-22-469 McGhee and associates LLC.docx PROCUREMENT AGREEMENT NUMBER: P-22-469 Page 4 McGhee and Associates, LLC October 25, 2022 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. 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", County's Request for Quotation No. 22-059 and the Contractor's Quote in response thereto); (2) Attachment"A"; (3) the County's Request for Quotation No. 22- 059 and (4)the Contractor's quotation made in response to County's Request for Quotation No. 22-059. 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 559-600-711 1 or suwalker@fresnocountyca.gov. P-22-469 McGhee and Associates LLC.docx PROCUREMENT AGREEMENT NUMBER: P-22-469 Page 5 McGhee and Associates, LLC October 25, 2022 FOR THE COUNTY OF FRESNO Digitally signed by Gary Cornuelle Gary O rn U e I I e Date:2022.10.26 09:29:21 -07'00' Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:slw P-22-469 McGhee and Associates LLC.docx PROCUREMENT AGREEMENT NUMBER: P-22-469 Page 6 McGhee and Associates, LLC October 25, 2022 CONTRACTOR TO COMPLETE: Company: fflo Gha OM Type of Entity: ❑ Individual Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership El Corporation ❑ General Partnership Elq 10 Auden Gwen u e knk3w 1w �g Address City State Zip -7 3 LAVA mcc a(s TELEPHONE NUMBER FAX NUMBER E-MAIL AdDRESS Print Name & Title Lmbe(14 6 Pp C Prmt Name & Title:�Ylc � - -- Signature: Signature: ACCOUNTING USE ONLY ORG No.: 5610, 45104514 Account No.: 7295, 7295 Requisition No.: 5612201222, 5142200074 (08/2022) P-22469 NtcGhee and.Associates LLC.docx PROCUREMENT AGREEMENT NUMBER: P-22-469 Attachment Page 1 McGhee and Associates, LLC October 25, 2022 ATTACHMENT "A " Base Rate Plan Per Month Additional Minutes Accounts As Specified Below Cost Per Minute Base rate call plan for an estimated 2,100 calls per month: DSS - CPH $1 ,092.00 .70 Base rate call plan for an estimated 400 calls per month: DSS -APS $ 200.00 .70 Base rate call plan for an estimated 75 calls per month: PWP - RMO $ 40.00 .70 Requirement Statements The average length per call is two (2) minutes. While plan allowances may vary across accounts, the County anticipates paying a single base rate. Dial Outs and Patched Calls MUST be included in the Base Rate per minute cost and Additional Minutes cost. Vendor may not invoice separately for these services. The County does not guarantee a set number of calls received or number of minutes used each month. Service usage for each account (DSS CPH, DSS APS, and PW&P RMO) is to be tracked and invoiced separately. Rate/Service Definitions Base Rate: Cost per minute for a specified allocated number of minutes each month Additional Minutes: Each minute exceeding the allocated plan allowance Dial Outs: Every time an operator calls staff or places a return call to reporting party Patched Calls: Every time an operator"connects"two parties together on the phone P-22-469 McGhee and Associates LLC.docx Contractor's Response to County of Fresno Request for Quotation No. 22-059 P-22469 McGhee and Associates LLC.docx COUNTY OF FRESNO Co FEES REQUEST FOR QUOTATION NUMBER: 22-059 AFTER HOURS ANSWERING SERVICES - SOCIAL SERVICES & PUBLIC WORKS Issue Date: June 20, 2022 Closing Date: Jut_Y 19, 2022 AT 10:00 AM All Questions and Responses must be electronically submitted on the Bid Page On Public Purchase. For assistance, contact Margo Jacobie at Phone (559)600-7110. BIDDER TO COMPLETE Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms stated in this RFQ. Bid must be signed and dated by an authorized officer or employee. Except as noted on individual items,the following will apply to all items in the Quotation Schedule: • A cash discount of %r� days will apply.County does not accept terms less than 15 days. COMPANY CONTACT PERSON ?"1e1C 1 ' t 1 AV"U'e- ADDRESS, _ 111def,s;1-1 W v ffg&y4 CITY STATE (� ZIP CODE —L4!1.L1. l.L� _��MAILADDRESS�c,J��,tG� •C.w�1 �� T��ELLEEPHONE NUMBER ` � �f� "� ,, ,^t�/�rD l�l� 1rc..c A—'UTHOOsRIIZEEDD S.IGNATUR I PRINT NAME 4 TITLE Purchasing Use:Wst ORG/Requisition:4510;4514/5612201222;5142200074 G;TubII0RFQTY Z0Z1•ZbZ2.059 AHer hours Ans'mrq Services-Sociat Services$Public Workst22t59 After Hours Answering Services-Social Services&Pubrrc Works.docx Quotation No. 22-059 Page 19 BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these and other tax supported agencies co-op(piggyback)on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while molding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. Yes,we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies. No, we will not extend contract terms to any agency other than the County of Fresno. (Aqlhorized Signature) Title G;iPUBLIG�RFQIFY 2021.22122.059 AFTER HOURS ANSWERING SERVICES-SOCIAL SERVICES&PUBLIC WORKS22-059 AFTER HOURS ANSWERING SERVICES-SOCIAL SERVICES&PUBLIC WORKS.DOCX Quotation No. 22-059 Page 21 COMPLY / NOT COMPLY Compliance and understanding of the specifications listed below shall be noted by marking "COMPLY" on the line provided. Non-compliance is to be indicated by marking "NOT COMPLY" on the line; a detailed statement explaining why the specification cannot be met must accompany all non-compliant lines. DO NOT LEAVE THIS PAGE BLANK. Failure to complete and submit this page may result in the bid response being deemed non-responsive. Note: Failure to comply to all specifications listed below will not automatically disqualify the bid response from being evaluated. BIDDER TO COMPLETE THE FOLLOWING: COMPLY/ NOT COMPLY Vendor is able to provide requested services to all three (3) accounts? 2. Vendor is able to use customized greeting script? 3. Vendor is able to accommodate Spanish or other language speakers? 1 4 Vendor is able to track usage and invoice monthly by account? 0MI . 1 `. Vendor is able to provide reports on a regular basis or as requested? "Oro 1 &. Vendor is able to meet regularly with the Department of Social Services and the Department of Public Works and Planning —RMO staff? G.'PU6LI0RFg1,FY 201t 22''d2 45J AFTER HOURS ANSWERING SERVICES•SOCIAL SERVICES&PUBLIC WORK8122.059 AFTER HOURS ANSWERING SERVICES•SOCIAL SERVICES&PUBLIC WORKS.DOCX Quotation No. 22-059 Page 23 CHECK LIST This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list, are important requirements and is the responsibility of Uie bidder to submit with the bid package in order to make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with the bid in its entirety. Check off each of the following: 1. �.� The Request for Quotation(RFQ) has been signed and completed. 2. Addenda, if any, have been signed and included in the bid package. 1 The completed Reference List as provided with this RFQ. 4. The Quotation Schadule as provided with this RFQ has been completed, price reviewed for f, accuracy and any corrections initialed. 5. / Indicate all of bidder exceptions to the County's requirements, conditions and specifications as stated within this RFQ. 6. Z The Particif:)ation page as provided within this RFQ has been signed and included 7. Bidder to Complete page as provided with this RFQ. 8. ,/ Return checklist with RFQ response. 9. ,� Completed RFQ in pdf format, electronically submitted to the Bid Page on Public Purchase. G''%Pt;dI.IC'XQIfY 2021-22122-059 AFTER HOURS ANSb'b'ERING SERVICES-SOCIAL SERVICES&PUBLIC WORKS122-059 ASTER HOURS ASWERING SERVICES-SOCIAL SERVICES&P UBL'C WORKS.DOCK Quotation No. 22-059 Page 22 QUOTATION SCHEDULE Please complete the quotation schedule below. Refer to Requirement Statements and the Rate/Service Definitions chart for further information and assistance. Base Rate Plan Per Month Additional Minutes Accounts As Specified Below Cost Per Minute Base rate call plan for an estimated 2,100 calls per month: DSS -CPN r Base rate call plan for an estimated 400 call�s\per month: DSS -APS Base rate call plan for an estimated 75 calls oor month: J y} PWP -RMO Requirement Statements The average length per call is two(2)minutes. While plan allowances may vary across accounts, the County anticipates paying a single base rate. Dial Outs and Patched Calls MUST be included in the Base Rate per minute cost and Additional Minutes cost. Vendor may not invoice separately for these services. The County does not guarantee a set number of calls received or number of minutes used each month. Service usage for each account(DSS CPN, DSS APS, and PW&P RMO) is to be tracked and invoiced separately. Rate/Service Definitions Base Rate: Cost per minute for a specified allocated number of minutes each month Additional Minutes Each minute exceeding the allocated plan allowance Dial Outs: Every time an operator calls staff or places a return call to reporting party Patched Calls: Every time an operator"connects" two parties together on the phone G:TUBLICIRKQVY 2021-22122-059 AFTER HOURS ANSWERING SERVICES-SOCIAL SERVICES&PUBLIC WORKS22-059 AFTER HOURS ANSWERING SERVICES.SOCIAL SERVICES&PUBLIC WORKS.DOCX Quotation No. 22-059 Page 20 VENDOR MQ6T COMPLETE AND RETURN _QUM..FQR QUQTAT1QI� /� Firm: f (/t uL REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar products/services. If you have held a contract for these or similar services with the County of Fresno within the past seven (7) years, list the County as one of your customers. Please list the person most familiar with your contract. Be sure to include all requested information. Reference Name: (i(��j tJ 1}fit Contact: r b� ,Gr. e— Address: City: Q� 1 )I u _ State: Zip: Phone No.: ( -WA ) Date: ZOt y Service Provided: i-y e -Contact Address; ,5 0 �41� t1U i" r— City; 0 rvn" t State: �_ Zip: U Phone No.: ( ) Date: Service Provided: — Address: (A bo II City: _ State: -7�— Zip: Phone No.: ( r✓ ) `Z0.0 Date: fb�Y L64z4 Service Provided: �lontactact.nt _-_� : Address: City: _ E�S I Talmo State: Zip:Phone No.: ( ) *�'C'fl Date: G Service Provided: jUIW41 ~Reference Name: M� ��' Contact: Address: City: (Y State: Zip: Phone No.: { Yl ) Date:Service Provided: Failure to provide a list of at feast five (5) customers may be cause for rejection of this RFQ. GIPUBLIQRFQT-Y 2021-22Q2-059 AFTER HOURS ANSWERING SERVICES-SOCIAL SERVICES&PUBLIC WORKSM-059 AFTER HOURS ANSWERING SERVICES-SOCIAL SERVICES&PUBLIC WORKS.DOCX COUNTY OF FRESNO ADDENDUM NUMBER: ONE RFQ NUMBER: 22-059 AFTER HOURS ANSWERING SERVICE_ XIAL SERVICES & PUBLIC WORK issue Date: July 12, 2022 CLOSING VA- E" JOLY 197 2022 AT 10:00 Submit all Questions and Quotations�m the Bid P• ,p at Public For assistance contact Margo Jacobie at 1559) 600-7 i NOTE THE FOLLOWING AND ATTACtlFi� <'�DDITIONS, DELETIONS AND/0 THE REQUIREMENTS OF REQUEST FOR i rir)N NtjhIEER: 27- ND 'r:'., ? YOUR RESPONSE. PLEASE SIGN AND RETUi-:N 1'HIS ADDENDUM WITH YOUR 01 ; Questions and Answers ACKNOWLED,� COMPANY NAME: jT ! \M AsU6016 U SIGNATURE: NAME & TITLE: -_.---- N( 6tt& e,r-6 Purchasing Use:Wst Requis 0074 G:IPUBLICIRFQIFY 2021-22122-059 AFl Eft HOUR:: : ADDENDUM 1.D0CX