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HomeMy WebLinkAboutP-23-443 Black Wellness and Prosperity Center.pdf CO,U County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet• Graphics• Purchasing •Security•Technology O� 185O ORES PROCUREMENT AGREEMENT Agreement Number P-23-443 August 30, 2023 Black Wellness & Prosperity Center 2201 Calaveras St. Fresno, CA 93721 The County of Fresno (County) hereby contracts with Black Wellness & Prosperity Center(Contractor)to Develop and Research a Demonstration Project to Train Doulas in Formal Behavioral Health Curriculum in accordance with the text of this agreement and Attachment"A. TERM: This Agreement shall become effective August 30, 2023, and shall remain in effect through June 30, 2024. 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 Forty-Five Thousand Dollars ($45,000.00). 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. 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-23-44323-443 Page 2 Black Wellness & Prosperity Center August 30, 2023 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 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, P-23-443.docx PROCUREMENT AGREEMENT NUMBER: P-23-44323-443 Page 3 Black Wellness & Prosperity Center August 30, 2023 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, Public Behavioral Health 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. 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. P-23-443.docx PROCUREMENT AGREEMENT NUMBER: P-23-44323-443 Page 4 Black Wellness & Prosperity Center August 30, 2023 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 Amber Nigam, Purchasing Analyst, at (559)600-7120 or anigam(a-)fresnocountyca.gov. FOR THE COUNTY OF FRESNO Digitally signed by Gary Cornuelle Gary CO rn U e I I e Date:2023.08.31 07:52:34-07'00' Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:AN P-23-443.docx PROCUREMENT AGREEMENT NUMBER: P-23-44323-443 Page 5 Black Wellness & Prosperity Center August 30, 2023 CONTRACTOR TO COMPLETE: Company: BLACK Wellness & Prosperity Center Type of Entity: ❑ Individual ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership 16 Corporationnon-profit 501c3 ❑ General Partnership 2201 Calaveras Street Fresno, CA 93721 Address City State Zip 559-981-9809 Finance@Black-Enterprises.com N/A TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Shantay R. Davies-Balch Title: Print Name &Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 56304792 Account No.: 7295 Requisition No.: 5632410002 (08/2022) P-23-443.docx Attachment A Scope of Work ORGANIZATION: Black Wellness & Prosperity Center SERVICE: Use of Doulas in Behavioral Health &Wellness OFFICE ADDRESS: 2201 Calaveras St. Fresno, CA 93721 OFFICE TELEPHONE: (559) 790-1905 CONTACT(S): Shantay R. Davies-Balch, President & CEO CONTRACT PERIOD: Effective Upon Execution—June 30, 2024 AMOUNT: Not to exceed $45,000 Deliverables: • BLACK Doula Training Curriculum enhanced with behavioral health component activity— Enhance BLACK Doula Training Curriculum's relevant chapter to integrate behavioral health component • Enhanced training content endorsed by a licensed professional—Content reviewed by a clinical professional to ensure quality • Black Maternal Child Health workforce/ Doula professional educational opportunities implemented/cohort and BWPC/BDN members received relevant training in behavioral health (trauma-informed care, communications skills, referral process and community linkages)—In one year, 30 individuals benefited from the educational opportunities • Licensed professional hired—Implemented clinical review of doula-assisted assessments, referral coordination • Mental wellness access points—Infrastructure expanded (privacy pods) Increasing mental wellness and resilience in the Black community is a horizontal objective of BWPC. Behavioral health is integrated into all our programming. For example,the Black Fatherhood Legacy, a program co-developed with Black men, regularly provides a space for Black men to discuss topics relevant to mental health.These topics include Black manhood and fatherhood, loss and grief, and racism.As a part of the Black Maternal Health Week 2023 Celebration, we held a Black Health Fair, which had two sections specifically designed for Black men.These were a mental health healing circle with a licensed mental health professional and a supporting fatherhood workshop around being a more involved and happier father. Attachment A Our BLACK Resource Center, a pregnancy and newborn care-focused client-resource center also has self- care and stress-relief resources that can be shared with our community members. Every pregnant/postpartum client receives pregnancy and women-wellness bags. For the wider community, we also offer events where they can try out yoga and stress-relief techniques using BWPC developed health briefs and community education materials. Finally, our Black Maternal Child Health workforce, including doulas, also receive a basic training on social determinants of health as key factors of well- being, mental health during and after pregnancy, and community linkages regarding behavioral health. With the support of this grant, BWPC intends to increase access to behavior modification education, licensed and social support, and the number of well-being access points. We will train a Black Maternal Child Health and doula workforce that is cross trained to support behavioral health improvements through screening, identifying risk factors, and referrals to appropriate levels of care before, during, and after pregnancy. Activities will include training curriculum enhancement, pilot implementation, and evaluation. Based on available data, priority curriculum and training topics include stress, postpartum depression, birth trauma, anxiety, and trauma. Soft-skills development includes motivational interviewing, mindfulness, conflict resolution, and cultural humility. A licensed behavioral health professional will review the curriculum, participate in training facilitation, and assist with development of a referral algorithm. Lastly,the grant will enable BWPC to pilot and evaluate use of privacy pods as components of infrastructure and an increased number of mental health access points. • Provide the data from the project to the Department. o Data Requests: ■ Total number of participants. ■ The following demographics data should be collected,when possible,on persons ages 12 and up. Note: all demographics should include an option of decline to state. ■ Age ranges (not dates of birth to maintain confidentiality) • 0-14 • 15-24 • 25-65 • 65-older ■ Race • White Black • Middle Eastern North African (MENA) • African American/Black • Asian • SE Asian • Native American • Pacific Islander • Latino ■ Ethnicity(as identified by participant) Attachment A ■ Gender assigned at birth • Male • Female ■ Current Gender Identity • Male • Female • Trans- male to female • Tran female to male • Gender non-binary • Other ■ Disability • Yes/No ■ Sexual Orientation • Straight • Gay/Lesbian • Bi-sexual • A-sexual • other ■ Preferred Language (as identified by participant) ■ Veteran Status • Yes/No ■ Fresno County Zip Code of Participant • The agreement shall not exceed $45,000. o Contractor shall document expenditures. o Expenditures can include: ■ food, ■ participant incentives, ■ print costs, ■ translation or interpretation, ■ promotion costs ■ staffing personnel, and ■ operating costs. o Modifications to the approved budget may be requested prior to March 31, 2024 and should not exceed 10%of the maximum compensation. Program analyst will assist you with this process, if needed. • The project shall begin upon execution and shall be completed by June 30, 2024. • The Department shall provide Black Wellness & Prosperity Center with any technical support on demographic data needed for the project. Parameters for MHSA and INN programs, and current services and initiatives. Compensation: • The agreement shall not exceed $45,000 o BWPC shall manage budget and document expenditures. Attachment A o Expenditures to support community organizing and learning components of project. o Requesting$11,250 (25%of budget) upfront to cover startup costs. Community Planning Process Innovation Plan BLACK Wellness & Prosperity Center (BWPC) Fiscal Year (FY 2023-24) Budget Categories Rate Line Item Description (Must be itemized) Est. Hours Per Hr. Total PERSONNEL SALARIES: 0001 Kata Nemeth, Executive Program Manager 50 60 $ 3,000.00 0002 Emma Heinrichs, Education Coordinator 75 45 $ 3,375.00 0003 Shantay R. Davies-Balch, CEO and President 25 60 $ 1,500.00 Allison Birkle, Marketing and Communication 10 45 $ 450.00 0004 Manager 0005 Julie Bounchareune, Evaluation 15 45 $ 675.00 0006 $ - 0007 $ - 0008 $ - PERSONNEL TOTAL: 175 $255 $ 9,000.00 OPERATING EXPENSES Acct # Line Item Description Amount 1000 Community Planning Expenses $ 3,940.00 1001 Contracted Services $ 4,590.00 1002 Food for CPP Meetings $ 1,000.00 1003 Equipment Rental $ 20,600.00 1004 Other(specify) $ - 1005 Other(specify) $ - OPERATING EXPENSES TOTAL: $ 30,130 ADMINISTRATIVE EXPENSES Acct Line Item Description Amount 2000 Administrative Overhead $ 5,870.00 ADMINISTRATIVE EXPENSES TOTAL: $ 5,870 TOTAL PROGRAM EXPENSES: $ 45,000