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HomeMy WebLinkAboutAgreement A-24-240 Amendment No. 1 to Agreement with Focus Forward.pdf Agreement No. 24-240 1 AMENDMENT NO. 1 TO SERVICE AGREEMENT 2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated 3 May 21, 2024 and is between Focus Forward, a California non-profit public benefit 4 corporation, whose address is 3333 E. American Avenue, Fresno, CA 93725 ("Contractor"), and 5 the County of Fresno, a political subdivision of the State of California ("County"). 6 Recitals 7 A. On October 25, 2022, the County and the Contractor entered into an "Agreement for 8 Foster Youth Supervision", which is County agreement number 22-488 ("Agreement"), for after- 9 hours and weekend supervision of youth who are in the care or jurisdiction of the County 10 Department of Social Services ("DSS") 11 B. The County later identified a need to increase the maximum compensation and rates to 12 allow for increased use of Contractors services for Foster Youth Supervision. 13 C. The County and the Contractor now desire to amend the Agreement to increase 14 maximum compensation and rates for services. 15 The parties therefore agree as follows: 16 1. Section 4 "Compensation" of the Agreement located at page three (3), beginning at 17 line 15 is deleted in its entirety and replaced with the following: 18 'A. COMPENSATION 19 For actual services provided pursuant to the terms of this Agreement, COUNTY 20 agrees to pay CONTRACTOR and CONTRACTOR agrees to receive 21 compensation in accordance with the Exhibit B, Budget Summary. 22 In no event shall compensation paid for services performed under this 23 Agreement be in excess of One Million Eight Hundred Ninety-Nine Thousand 24 Nine Hundred Seventy and No/100 Dollars ($1,899,970.00) during the term of 25 this Agreement. 26 It is understood that all expenses incidental to CONTRACTOR'S performance of 27 services under this Agreement shall be borne by CONTRACTOR. If 28 CONTRACTOR should fail to comply with any provision of the Agreement, 1 1 COUNTY shall be relieved of its obligation for further compensation. Any 2 compensation which is not expended by CONTRACTOR pursuant to the terms 3 and conditions of this Agreement shall automatically revert to COUNTY. 4 CONTRACTOR acknowledges that COUNTY is a local government entity and 5 does so with notice that the COUNTY's powers are limited by the California 6 Constitution and by State law, and with notice that CONTRACTOR may receive 7 compensation under this Agreement only for services performed according to the 8 terms of this Agreement and while this Agreement is in effect, and subject to the 9 maximum amount payable under this Section. CONTRACTOR further 10 acknowledges that COUNTY's employees have no authority to pay 11 CONTRACTOR except as expressly provided in this Agreement. 12 The services provided by the CONTRACTOR under this Agreement are funded 13 in whole or in part by the State of California and the United States Federal 14 government. In the event that funding for these services is delayed by the State 15 Controller or the Federal government, COUNTY may defer payment to 16 CONTRACTOR. The amount of the deferred payment shall not exceed the 17 amount of funding delayed to the COUNTY. The period of time of the deferral by 18 COUNTY shall not exceed the period of time of the State Controller's or Federal 19 government's delay of payment to COUNTY plus forty-five (45) days." 20 2. All references in the Agreement to "Exhibit A" shall be deemed references to 21 "Revised Exhibit A", which is attached and incorporated by this reference. 22 3. All references in the Agreement to "Exhibit B" shall be deemed references to 23 "Revised Exhibit B", which is attached and incorporated by this reference. 24 4. When both parties have signed this Amendment No. 1, the Agreement and this 25 Amendment No. 1 together constitute the Agreement. 26 5. The Contractor represents and warrants to the County that: 27 a. The Contractor is duly authorized and empowered to sign and perform its obligations 28 under this Amendment. 2 1 b. The individual signing this Amendment on behalf of the Contractor is duly authorized 2 to do so and his or her signature on this Amendment legally binds the Contractor to 3 the terms of this Amendment. 4 6. The parties agree that this Amendment may be executed by electronic signature as 5 provided in this section. 6 a. An "electronic signature" means any symbol or process intended by an individual 7 signing this Amendment to represent their signature, including but not limited to (1) a 8 digital signature; (2) a faxed version of an original handwritten signature; or (3) an 9 electronically scanned and transmitted (for example by PDF document) version of an 10 original handwritten signature. 11 b. Each electronic signature affixed or attached to this Amendment (1) is deemed 12 equivalent to a valid original handwritten signature of the person signing this 13 Amendment for all purposes, including but not limited to evidentiary proof in any 14 administrative or judicial proceeding, and (2) has the same force and effect as the 15 valid original handwritten signature of that person. 16 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 17 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 18 2, Title 2.5, beginning with section 1633.1). 19 d. Each party using a digital signature represents that it has undertaken and satisfied 20 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 21 through (5), and agrees that each other party may rely upon that representation. 22 e. This Amendment is not conditioned upon the parties conducting the transactions 23 under it by electronic means and either party may sign this Amendment with an 24 original handwritten signature. 25 7. This Amendment may be signed in counterparts, each of which is an original, and all 26 of which together constitute this Amendment. 27 28 3 1 8. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 2 provisions of the Agreement and not amended by this Amendment No. 1 remain in 3 full force and effect. 4 [SIGNATURE PAGE FOLLOWS] 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 The parties are signing this Amendment No. 1 on the date stated in the introductory 2 clause, 3 Focus Forward COUNTY OF FRESNO 4 5 — 6 Jo na Litchenberg, CEO Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno 7 3333 E. American Avenue Suite B Fresno, CA 93725 Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 By: _ 11 Deputy 12 For accounting use only: 13 Org No.: 56107001 Account No.:7870/0 14 Fund No.:0001 Subclass No.:10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Revised Exhibit A Page 1 of 3 SUMMARY OF SERVICES ORGANIZATION: Focus Forward ADDRESS: 3333 E. American Ave. Suite B SERVICES: Supervision of Foster Youth TELEPHONE: (559) 600-4961 CONTACTS: Joanna Litchenberg, Chief Executive Officer EMAIL: joannaz@focusforward.org SUMMARY OF SERVICES Focus Forward (Contractor) will provide supervision of foster youth and/or youth placed into protective custody. Services are designed to promote safety of youth while CWS staff identify and secure appropriate placement. Contractor must have staff available to provide supervision during the core hours/days identified below. Contractor must ensure staff report to the location identified by County when requested. Locations for supervision will primarily include University Medical Center (UMC) Modular (Mod) C at 4445 E. Inyo, Fresno, local hospital settings, and any county designated location within the greater Fresno area. CONTRACTOR RESPONSIBILITIES A) Contractor must have sufficient staff available to provide supervision during the following core hours/days: 1. Between the hours of 5:00pm and 8:30am Monday through Thursday; 2. All weekend from Friday at 5:00pm through 8:30am the following Monday; 3. All County of Fresno holidays beginning the day before the holiday at 5:00pm until 8:30am the following workday. B) Contractor must dispatch and ensure staff report to the location identified by County within 1 hour of County request for service. C) Contractor staff must provide verbal/written incident reports of significant events that occur during supervision. D) Follow County protocols and policies regarding supervision and care which may differ depending on the location of supervision and jurisdiction of youth E) Contractor must provide supervisory support to staff including but not limited to: 1. General guidance/assistance with questions/concerns related to service provision; 2. Debriefing after critical incidents, as needed; and 3. Encouraging staff self-care. Revised Exhibit A Page 2 of 3 F) Contractor must ensure all staff providing services under this agreement comply with any health and safety requirements mandated by the County, including but not limited to, Public Health guidance. G) Contractor must ensure all staff providing services under this agreement have completed fingerprinting and passed background checks (DMV, local, State and Federal criminal records checks). Contractor must ensure staff records are updated and maintained on a regular basis. H) Contractor must ensure staff are aware of and follow all applicable Federal, State, and local laws and regulations relating to Confidentiality. 1) Comply with all training requirements designated by the County J) Contractor must maintain adequate insurance, as specified in the Agreement. Additional Responsibilities UMC Mod C is the current designated site for the Departments Licensed Transitional Shelter Care Facility. Staff providing supervision and care at the Department's Designated Transitional Shelter Care Facility will need to comply with Community Care Licensing requirements and additional Contractor responsibilities including, but not limited to, those listed below: A) Comply with health screening and tuberculosis testing requirements set by Community Care Licensing for Transitional Shelter Care Facilities (TSCF). B) Comply with all training requirements designated by the County and/or Community Care Licensing which includes but is not limited to DSS orientation, care/supervision, emergency intervention, and on-the-job shadowing. C) Follow Transitional Shelter Care Facility program policies and protocols. D) Staff providing supervision and care of youth at the designated Transitional Shelter Care Facility (currently located at Mod C) will be under the direction of the shelter administrator and/or facility manager. Vaccination Requirement Following Public Health Guidance, staff that will be supervising youth must be fully vaccinated or have a qualified medical reason or religious exemption and ability to meet testing requirements. STAFFING LEVELS Contractor must ensure availability of direct service staff during the core hours identified. Contractor must ensure alternate staff are available, should there be staff illness that would prevent provision of the service. SERVICES OUTSIDE OF CORE HOURS County may, on occasion, request contractors' services outside of the core hours identified above. Contractor is under no obligation to ensure staffing outside of core hours but must make a good faith effort to check availability of existing staff. Services requested outside of core hours will be billed at the supplemental rate. Revised Exhibit A Page 3 of 3 COUNTY RESPONSIBILITIES A. County will promptly call Contractor when a need for supervision arises. County will ensure gender preference (if needed and appropriate) and requested number of staff is communicated at the initial call. B. County will ensure any necessary information is shared with the staff supervising the youth to ensure the safety and well-being of both the youth and the staff. C. County will ensure staff providing supervision are aware of the method to contact on- site County staff and/or security should there be a need for intervention or emergency assistance. INVOICING, INSURANCE AND REPORTING A. Invoicing — Contractor must submit an invoice to DSS on a monthly basis. Invoices are due by the tenth (loth) of each month for services provided in the previous month. For example, the first invoice for services provided during the month of September will be due by October loth. Invoices should be submitted to: DSSinvoices(a�_fresnocountyca.gov. B. Insurance Verification - Contractor must submit required certificates of insurance and endorsements as stated in the agreement to DSScontractinsu ran ce(a--)fresnocountyca.gov. C. Reporting —Written service reports will be required of staff providing supervision. Written reports are due within 48 hours of service. Revised Exhibit B Page 1 of 2 BUDGET SUMMARY Supervision of Foster Youth Focus Forward November 1, 2022, to June 30, 2023 July 1, 2023, to June 30, 2024 (Optional) July 1, 2024, to June 30, 2025 (Optional) July 1, 2025, to June 30, 2026 (Optional) RATES November 1, July 1, 2024, to July 1, 2025, to Service Type 2022, to June 30,2024 June 30, 2025 June 30, 2026 On Call $35.00/Hour $40.00/1-lour $42.00/1-lour On Site Supervision $50.00/1-lour $57.50/Hour $61.00/Hour Multiple Staff $70.00/Hour $80.00/1-lour $84.75/Hour Supervision Supplemental $80.00/Hour $90.00/1-lour $94.00/Hour Supervision BUDGET CLARIFICATIONS The actual quantity of supervision services required may vary each month. The fee structure is inclusive of all costs associated with the provision of these services including any operational costs (e.g., insurance, office, facility, travel, HR, finance, and equipment expenses). No additional compensation will be provided. Staffing Program Director (0.75 FTE)— Responsibilities will include management of all aspects of the services. This includes hiring, training, and supervising staff; coordinating schedules to meet service needs while complying with HR labor laws; communicating with DSS staff on critical incidents, concerns, and strategic modifications, as needed; providing supervision when other staff are sick or otherwise cannot complete their shift; and all other administrative responsibilities of Focus Forward supervisors. The Program Director will be responsible for Revised Exhibit B Page 2 of 2 recruiting and hiring a minimum of six reliable on-call, per diem staff to fulfill the service needs of youth supervision. Supervision —A minimum of six (6) staff will be hired and utilized for the direct provision of youth supervision. Maximum need is estimated at 125.5 hours in any given week. Staff plus the Program Director will be able to cover all shifts needed. Additional staff will be hired if needed. In extenuating circumstances Focus Forward CEO will be available to cover youth supervision if necessary. Clarification on Rates: • On-Call Rate— Rate charged by the agency for any on-call hours. It is not charged for hours when supervision is taking place, and it represents a total charge, not per staff on- call. Focus Forward will not charge, and the County will not pay, for any "on-call" hours that do not have staff available for supervision. • Multiple Staff Supervision Rate— Rate charged when more than one staff is supervising, which could be two or more staff, as required. • Supplemental Supervision: Rate charged for supervision services requested outside of core hours or for services in core hours in excess of 125.5 hours combined single/multiple supervision per week. The same rate will apply should multiple staff be required. • Different rates will not be charged simultaneously. • Any time staff are not providing direct supervision, including travel time to and from the County facility, only the on-call rate will be charged. The supervision rate applies when staff report to the location identified by County.