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HomeMy WebLinkAboutP-24-006 Downtown Association dba Downtown Fresno Partnership.pdf CO,U County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet• Graphics• Purchasing •Security•Technology O� 185O ORES PROCUREMENT AGREEMENT Agreement Number P-24-006 December 22, 2023 The Downtown Association of Fresno DBA Downtown Fresno Partnership 2020 Tulare Street Fresno Ca 93721 The County of Fresno (County) hereby contracts with The Downtown Association of Fresno DBA Downtown Fresno Partnership (Contractor)to Census Work Related to the Harm Reduction Program in accordance with the text of this agreement and Exhibits "A, B &C", by this reference made a part hereof. TERM: This Agreement shall become effective January 1, 2024, and shall remain in effect through December 31, 2024. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Exhibits "A& C" attached, at the rates set forth in Exhibit"B". ORDERS: Orders will be placed on an as-needed basis by Department of Public 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 Thirteen Thousand Dollars, ($13,000.00). 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-24-006 Page 2 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 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 One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). 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. 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 P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 Page 3 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 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 Public Health, James Sponsler,, 1221 Fulton Street, Fresno, Ca 93721, 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. 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. P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 Page 4 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 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 Exhibits "A, B & C") and (2) Exhibits "A, B & C"; 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 Diana Rodriguez, Purchasing Technician, at 559-600-7117 or drodriguez@fresnocountyca.gov. FOR THE COUNTY OF FRESNO Manuel M. Digitally signed by Manuel M. Vilanova Vilanova Date:2024.01.02 10:30:07-08'00' Manuel Vilanova Deputy Director 333 W. Pontiac Way Clovis, CA 93612 MA:DR P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 Page 5 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 CONTRACTOR TO COMPLETE: Company: Downtown Association dba Downtown Fresno Partnership Type of Entity: ❑ Individual ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ■❑ Corporation ❑ General Partnership 2020 Tulare St Fresno CA 93721 Address City State Zip 559-490-9966 ceo@downtownfresno.org TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Elliott Balch Title: Print Name &Title: Digitally signed by Elliott Balch Elliott Ba I ch Date:2023.12.29 09:59:35 Signature: -08'00' Signature: ACCOUNTING USE ONLY ORG No.: 56201500 Account No.: 7295 Requisition No.: 5622400608 (08/2022) P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 Page 1 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 EXHIBIT "A " Scope of Services The Department of Public Health (FCDPH) is seeking data sharing and regional data user census and consultation services that include census records, system programming, sharing of data, survey work, analyzing impacts, and mitigation options and solutions. This limited scope of work will collect, analyze, and distribute data regarding the baseline of homeless concentration pre and post implementation of the County's Pilot Whole Person Harm Reduction Program. This data will cover the Fulton Corridor and within a 600' radius of APNs 46621104T, 46621103T, and 46621119T, commonly known as the Department of Public Health Brix-Mercer Complex. Potential data collection includes a point in time census of the unsheltered and/or unhoused population. Definitions Brix-Mercer Complex—The tandem of buildings and trio of parcels that house the Fresno County Department of Public Health. The Mercer Building is located at 1211 Fulton Street. The Brix Building is located at 1221 Fulton Street. The address commonly used to refer the Brix- Mercer Complex is 1221 Fulton Street. Department of Public Health —The County of Fresno's local health jurisdiction that encompasses the 15 incorporated cities and the unincorporated areas that constitute the whole of the County of Fresno. Harm Reduction —The public health approach of minimizing or reducing negative health, social, and economic consequences of risky behaviors. Homeless —A condition of lacking stable, safe, and functional housing. This may include, but not be limited to living on the streets, living in temporary shelters, emergency accommodations, or may live outside of traditional living quarters. Needle Exchange —A location identified for the process of exchanging used hypodermic needles for sterile hypodermic needles. Pilot Whole-Person Harm Reduction Program —The County of Fresno's initial program to offer robust options and solutions for individuals that would benefit from utilization of traditional P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 Page 2 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 Harm Reduction Programming. These will include food stability, housing vouchers, bus tokens, medical, mental, and substance abuse treatment systems. Point in Time Census —A count of individuals at a given time to determine the exact number of individuals for a comparative analysis. REDCap —Web based data collection program to upload and collect data that will be utilized by Contractor to provide data to the County Unhoused - see Homeless Unsheltered — see Homeless Point in Time Census A point-in-time street count will occur for an approximately 600-foot radius catchment area around the FCDPH Brix-Mercer Complex. This area will be divided into nine smaller quadrants. Contractor will provide a team consisting of two (2) trained persons who will be surveying the number of people identified as possibly unhoused in the catchment area. In addition to noting their unhoused status, Contractor will record if they witness any active drug use, excluding tobacco or marijuana, while conducting their survey of the area. Data collected will be determined on the level of confidence the Contractor has in their determination of the actions of the person being counted. Contractor will only count an individual once a day, even if they change quadrants during the area survey, when it is known to Contractor that it is the same person. However, it is unavoidable that double counting may occur given the collection of minimal data. Contractor will collect their point-in-time census data every Wednesday during the hours of 11:00am Pacific Time and 12:00pm Pacific Time and every Saturday from 2:00pm Pacific Time and 3:00pm Pacific Time. Contractor will begin the point-in-time homeless census on January 1 st, 2024 and will continue through December 31 st, 2024. Contractor will be made aware of the start date of the Pilot Whole-Person Harm Reduction Program in advance. Data will be collected using an electronic form hosted in REDCap. Contractor will collect data immediately on their phones or tablets in the electronic data collection form. Contractor will be provided access to this electronic form for the input of data. If data is not entered directly into P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 Page 3 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 the electronic form, Contractor will collect data on a paper form that mimics the electronic form and then enter the collected data into the official electronic database within a specific timeframe, as agreed upon by the County and Contractor. Point in Time census counts, and associated data will always be recorded at the time the census is conducted using the electronic form or paper form to prevent inaccurate data associated with delayed recording of data collected by the Contractor. To reduce bias, recent Point in Time census counts collected by other Contracted parties or DPH will not be shared with the Contractor prior to their collection of data. Contractor will follow Point in Time census counts as instructed in Exhibit C. Contractor will work with Department of Public Health to distribute information and provide a means of communication between the Department of Public Health and local area businesses to generate regular discussions impacting the local businesses and social determinants of health in the surrounding communities. The goal of this distribution of information is to create an open dialogue and build trust between the Department of Public Health and its neighbors in the Downtown Fresno area, and particularly the Fulton Street Corridor. Contractor will also work with local area businesses to encourage participation in County programming regarding additional data collection with regards to their experiences with the Pilot Whole-Person Harm Reduction Program, the Department of Public Health, the homeless and any changes that may have occurred because of factors brought about by the County's Pilot Whole-Person Harm Reduction Program. P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 EXHIBIT B Compensation The Contractor will be compensated for performance of its services under this Agreement as provided in this Exhibit B. The Contractor is not entitled to any compensation except as expressly provided in this Exhibit B. Contractor shall be paid at the rate of$100.00 per hour, with a maximum of two (2) allowable service hours per week. Contractor will begin service on January 1, 2024, and continue through December 31, 2024. A review will be completed by both parties, and a written notice will be submitted by the Contractor if a labor increase not to exceed three percent annually is warranted due to current economic conditions and minimum wage requirements by the state and or federal government. Any planned price increases must be sent to the County within 30 days before the increase goes into effect, not to exceed three percent annually. Census Rate Description Hourly Census $100.00 The DPH Director or designee will notify Contractor prior to July 1 st of the funding amount available for the current fiscal year. P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 EXHIBI T C Instructions for the Collection of Downtown Unsheltered/Homeless Data FCDPH EPI Program Please read carefully before collecting data. Census Assessment Catchment Area Y M .1 r F rt � ti . r • r 1 <Please provide me with a map outlining the different quadrants and survey areas> Your team consisting of at least 2 people will be surveying the catchment area from Tuolumne St to Mariposa St and H street to Van Ness Ave to conduct a census of unsheltered/homeless. One person from each team will enter the data on a cell phone or tablet while you conduct your area assessment. Data will be collected in a REDCap form located at: https://redcap.link/unshelteredl . The team should always record the data immediately while conducting the assessment. If unforeseen circumstances prevent the immediate entry of data P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 into the REDCap form, collect data on provider paper form while conducting the assessment and then enter it into the official database as soon as possible. -h : 0 Unsheltered/Homeless Identification For this census count,only those who are experiencing homelessness and are unsheltered in a public place will be counted.HUD's definition of an unsheltered homeless person is one who resides in"a place not meant for human habitation, such as cars,parks, sidewalks, abandoned buildings(on the street)". Although the definition is straightforward, identifying those experiencing homelessness is difficult, especially when basing counts by observation alone. Homeless people are a diverse and varied group in terms of age, gender, ethnicity, circumstances, and dress. Due to this it is important for teams to record the level of confidence they have in their determination of if the person meets the qualifications. It is also important that teams conducting the census do not assume people are homeless based on preconceived notions and bias. This census will include direct"street"counts of unsheltered/homeless persons by 1) Simple counts done in non-shelter locations within the catchment areas or 2)Counts with an interview component(Kingview). Who to include in your counts When an interview component is used: a) High level of confidence- individuals that self-identify as experiencing homelessness Typically the following will fall under the high or medium level of confidence: b) All adults, children,and unaccompanied youth sleeping in places not meant for human habitation,which include: Streets,parks, alleys,parking lots,bus stops, outdoor stairwells or doorways, and other similar places c) Those living in a tent or hand-built structures P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 Although not all who fit within the below descriptions may be homeless for the sake of this census count the following items will be proxies for potential homelessness: d) Individuals panhandling e) Persons holding large amounts of belongings or pushing a cart or stroller with their belongings If other reasons are made to make the determination that the person is homeless,they will fall under low level of confidence. Surveyors will only count those who are readily visible from their survey location on the street(car)or sidewalk(walking). If unsheltered are in a readily visible location inside an empty lot, stairways,alleyway,etc.they will be counted. Surveyors will not go or look inside any empty or abandoned buildings, go into areas not easy to see (e.g.,under thick bushes), climb stairways,move any items,or go into an area deemed unsafe.People going into or out of businesses,residences, or places of work will not be counted. Surveyors will report the actual number of people counted during the point-in-time survey with no adjustments. Drug Use While conducting your area assessment,if your team witnesses active drug use, excluding tobacco or marijuana use,please record this in the data form form separately from the unsheltered/homeless counts. For the unsheltered/homeless and drug use counts,try to only count an individual once a day, even if they change quadrants/areas during the assessment.If you are unsure if it is the same person,then count them in the new quadrant/area. Data Collection Form I. Data and Time:The date and start time should represent the date and time the team physically started the area census assessment.These will automatically be filled out when you open the form. Do not change them unless you collected the data in the paper form and are entering it into the electronic record after the survey. II. Recorder:The name of the person or team collecting and recording the data. For every form you submit you need to enter something that can be linked back to you or your team, it can be a full name,short code, number letter combination (e.g., D1), or initials. If none full names are used,the identification code/letter/initials must be unique and approved by FCDPH prior to use. III. Location:Specific areas within the data collection catchment area you are recording data for. Each specific area requires a new form. IV. Description: Unsheltered/homeless or Drug Use. Unsheltered/Homeless is already selected by default, only need to modify if entering data for drug use. Drug use and unsheltered/homeless require separate forms to be submitted. V. Level of confidence in description: How confident do you feel with your determination that these people meet the qualifications to be counted as unsheltered/homeless or actively using drug use? P-24-006 Downtown Fresno Partnership PROCUREMENT AGREEMENT NUMBER: P-24-006 The Downtown Association of Fresno DBA Downtown Fresno Partnership December 22, 2023 VI. Number of People:Select the number of people in that area that meet that description by your confidence level in the description determination. VII. Determination based on: Brief statement of what were the qualifications or factors that lead you to the determination that the persons were homeless-sleeping unsheltered, near a tent, panhandling, etc. VIII. Tents: Number of tents or similar homeless sleeping structures in area. IX. Notes/Comments:Add additional information you feel is important to provide about the data entered in the form or things you witnessed while conducting the survey. Include the reason for the determination of homeless, e.g., sleeping in public space, pushing cart full of items. After entering the data, always press submit or data entry will not be saved. You will likely will multiple records during your assessment. Submit the same form when • Persons meeting qualifications are in same quadrant • They are all doing the same behavior: unsheltered/homeless or drug use Submit a different form for • Each different quadrant location • Unsheltered/Homeless vs drug use Example: If there are 3 people in the same general area and you have low confidence one person is homeless and medium confidence for the other 2: Level of Confidence High Medium - Low 1 Things to do: • Take time to observe the area • Look at both sides of a street(unless one side is outside the catchment area) • If walking, stay on sidewalk unless crossing the street, always use crosswalks • For parking lots, observe from sidewalk or outside perimeter • Stay alert Things not to do: • Go into an area that feels unsafe • Go as a single individual to collect data • Try to record data after conducting the survey based on memory, collect the data as you go P-24-006 Downtown Fresno Partnership