HomeMy WebLinkAboutUnited Way of Fresno and Madera Counties-211 Call Center for Information and Referral Services_A-24-228.pdf COU Y Count of Fresno Hall of Records,Room 301
2281 Tulare Street
ro Fresno,1 California
Board of Supervisors 18
0 0 Telephone:(559)600-3529
FRBS Minute Order Toll Free:1-800-742-1011
www.fresn ocou ntyca.gov
May 21, 2024
Present: 5- Supervisor Steve Brandau,Chairman Nathan Magsig,Vice Chairman Buddy Mendes,
Supervisor Brian Pacheco,and Supervisor Sal Quintero
Agenda No. 42. Public Health File ID:24-0259
Re: Under Administrative Policy No.34 for competitive bids or requests for proposals(AP 34),determine
that an exception to the competitive bidding requirement under AP 34 is satisfied and a suspension to
competition is warranted due to unusual or extraordinary circumstances, and that the best interests of
the County would be served by entering into an agreement with United Way Fresno and Madera
Counties as this vendor is the sole source provider of 2-1-1 services in Fresno County;and approve
and authorize the Chairman to execute an Agreement with United Way Fresno and Madera Counties
to provide information and referral services through its 2-1-1 call center, effective July 1, 2024, not to
exceed five consecutive years,which includes a two-year base contract and three optional one-year
extensions,total not to exceed$231,500
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero
Agreement No.24-228
County of Fresno Page 45
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Board Agenda Item 42
O 1876 O
FRS
DATE: May 21, 2024
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
Sanja Bugay, Director, Department of Social Services
Susan L. Holt, Director, Department of Behavioral Health
SUBJECT: Agreement with United Way Fresno and Madera Counties
RECOMMENDED ACTION(S):
1. Under Administrative Policy No. 34 for competitive bids or requests for proposals (AP 34),
determine that an exception to the competitive bidding requirement under AP 34 is satisfied
and a suspension to competition is warranted due to unusual or extraordinary
circumstances, and that the best interests of the County would be served by entering into
an agreement with United Way Fresno and Madera Counties as this vendor is the sole
source provider of 2-1-1 services in Fresno County.
2. Approve and authorize the Chairman to execute an Agreement with United Way Fresno and
Madera Counties to provide information and referral services through its 2-1-1 call center,
effective July 1, 2024, not to exceed five consecutive years,which includes a two-year base
contract and three optional one-year extensions, total not to exceed $231,500.
There is no additional Net County Cost associated with the recommended actions,which will allow the
Fresno County Departments of Social Services (DSS), Behavioral Health (DBH), and Public Health (DPH)to
continue to provide information and support to residents of the County utilizing the 2-1-1 call center. Through
2-1-1, United Way currently provides information and referrals for vital community services which include
mental health,food, shelter, financial assistance, and employment and emergency event related information.
This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, residents will not be able to use 2-1-1 to access
DSS, DBH, and DPH information, referrals, and emergency incident related information and the respective
County Departments would need to provide these services directly.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
It is requested that the County find under AP 34 that an exception to the competitive bidding requirement is
satisfied, and a suspension of competition is warranted due to unusual or extraordinary circumstances, as
United Way Fresno and Madera Counties is the only vendor authorized to provide 2-1-1 call center services
in Fresno County by the Public Utilities Commission of the State of California. The Internal Services
Department- Purchasing Division concurs with the Departments' assessment that this satisfies the
exception to the competitive bidding process required by AP 34.
County of Fresno Page 1 File Number.24-0259
File Number:24-0259
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The maximum cost
($231,500) of the recommended agreement will be fully offset by existing funding sources. DSS will fund
$30,000 of cost per year through State and Federal funds ($25,648), 2011 Realignment($2,139) in lieu of
State General Funds for Child Welfare Services and Adult Protective Services Programs that were realigned
to counties through Assembly Bill (AB) 118, 1991 Social Services Realignment funds ($1,979)and the
required Net County Cost($234)which offsets the General Relief Program Share of cost.
DBH will fund $12,500 of the cost per year through Realignment funds.
DPH will fund a flat fee of$10,000 for the first year and up to an additional $9,000, based on a per call basis,
for the totality of years one through five through Federal and State Public Health Emergency Preparedness
grant funds. Annual cost is not to exceed $61,500 for the first year and $51,500 for the following years,
including optional years 3-5. The actual annual cost will depend on whether DPH needs to direct the public
to contact 2-1-1 for an anthrax related emergency, but the overall maximum cost will be$231,500. Sufficient
appropriations will be included in the DSS FY 2024-25 Recommended Budget for Org 5610. Sufficient
appropriations will be included in the DBH FY 2024-25 Recommended Budget for Org 5630. Sufficient
appropriations will be included in the DPH 2O24-25 Recommended Budget for Org 5620. Each Department
will include sufficient appropriations in future budget requests.
DISCUSSION:
The County has entered into three separate procurement agreements with United Way for nearly identical
DSS and DBH related services beginning in 2018 (P-18-347-P), in 2020 (P-20-222)and in 2021 (P-21-204).
The current procurement agreement, which expires on June 30, 2024, has been amended three times,
twice to extend the agreement and once to add call center services related to the severe winter storms of
2023.
The recommended agreement continues to provide DSS and DBH services which are identical to those
provided for in the current agreement. DSS services include providing information and referral services to
DSS clients that are seeking non-case related information on various topics including housing and shelter,
food distributions, low-cost childcare, and other help line referral needs. Up to 1,000 calls may be routed
from DSS to 2-1-1 each month.
DBH services include providing information and referrals for vital community mental health support systems
to individuals in need of them, reducing disparities in access to mental health services for unserved and
underserved populations within Fresno County.
DPH services include providing information to the public specifically in the event anthrax is detected at the
United States Postal Service's Fresno mail processing center. 2-1-1 would direct callers to the appropriate
section of the DPH webpage which will include incident and other anthrax related information. Additionally,
2-1-1 call center staff will take contact information from callers who believe they may have been exposed to
anthrax at the processing center and submit this information to DPH so DPH staff can contact them directly
for more details and providing post exposure prophylaxis antibiotics if appropriate.
The agreement supports County goals by(1)quickly providing information and referrals for vital community
mental health support services to individuals in need of them; (2)providing information and/or linkages to
services that significantly affect a person's well-being such as food, shelter, financial assistance, and
employment among others; and (3) has the capacity to quickly begin receiving a significant number of calls
requesting information related to a local emergency.
ATTACHMENTS INCLUDED AND/OR ON FILE:
County of Fresno page 2 File Number.24-0259
File Number:24-0259
Sole Source Acquisition Request
On file with Clerk-Agreement with United Way Fresno and Madera Counties
CAO ANALYST:
Ron Alexander
County of Fresno Page 3 File Number:24-0259
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1. Fully describe the product(s) and/or service(s) being requested.
The County is requesting information and referral services provided via 2-1-1. 2-1-1 is a free information
and referral service that connects people to health and human services in our community 24 hours a
day, 7 days a week. 2-1-1 also plays a critical role in providing information and support in times of
disaster, such as evacuation and sheltering; and in giving food, medical, and recovery information.
2. Identify the selected vendor and contact person; include the address, phone number and e-mail address
for each.
United Way Fresno and Madera Counties
4949 East Kings Canyon Road
Fresno, CA 93727
Contact: Harbir Sandhu
(559) 243-3673
Email: HSandhu@uwfm.org
3. What is the total cost of the acquisition? If an agreement, state the total cost of the initial term and the
amounts for potential renewal terms.
The maximum agreement cost is $231,500. The initial term of the agreement is for two years, with the
option to extend the agreement for three additional one-year terms. The initial term's cost for the
Department of Social Services (DSS) is $60,000 ($30,000 annually). The initial term cost for the
Department of Behavioral Health is $25,000 ($12,500 annually). The cost for DPH includes a one-
time flat fee of$10,000 paid during year one which includes receiving up to 800 calls at no additional
cost. The DPH portion of the agreement includes a fee of$6.00 per call starting with the 801st call for
the duration of the agreement. The DPH portion of the agreement maximum ($19,000) includes the
one-time $10,000 flat fee plus an additional $9,000 to pay for up to an additional 1,500 calls for a
total of 2,300 calls. 2-1-1 will only be activated to receive DPH related calls if the USPS mail
processing center experiences an anthrax detection. Because of this, costs for calls 801 through
2,300 will only be paid if calls are received, which may occur during any year of the agreement or
may not occur at all.
The total annual cost per year for years three through five of the agreement are $30,000 for DSS and
$12,500 for DBH. Total funds available for DPH for years three through five are $9,000. Annual costs
could range from $0 to $9,000 for DPH depending on if/how many calls are received, but cannot
exceed $9,000 for the duration of the agreement.
4. Identify the unique qualities and/or capabilities of the service(s) and/or product(s) that qualify this as a
sole source acquisition.
United Way is the sole provider of 2-1-1 services in Fresno County, as it was designated by the
California Public Utilities Commission as the 2-1-1 service provider for the County on November 7,
2007.
5. Explain why the unique qualities and/or capabilities described above are essential to your department.
United Way has been providing information and referral services for the County continuously since July
of 2018. Through the 2-1-1 call center, United Way supports County goals by (1) quickly providing
information and referrals for vital community mental health support services to individuals in need of
them; (2) providing information and/or linkages to services that significantly affect a person's well-
being such as food, shelter, financial assistance, and employment among others; and (3) has the
capacity to quickly begin receiving a significant number of calls requesting information related to local
emergencies. Additionally, services are free to callers, can be provided in more than 170 languages,
and are available 24 hours a day, 7 days a week.
E-PD-047 (07/2021)
6. Provide a comprehensive explanation of the research done to verify that there is only a sole vendor that is
capable of providing the required service(s) and/or product(s). Include a list of all other vendors contacted
with regard to providing the requested product(s) and/or service(s) and indicate their response.
United Way Fresno and Madera Counties is the designated 2-1-1 agency for Fresno County by 2-1-1
California. The Public Utilities Commission of the State of California authorized United Way Fresno
and Madera Counties in Resolution T-171099, dated November 1, 2007, to use the 2-1-1 dialing
code to provide information and referral services to all of Fresno County for an indefinite term.
dlynch 3/6/2024 08:40:09 Division Manager [a Sign] Doubleclick!
Requested By: Title
I approve this request to sole source for the service(s) and/or product(s) identified herein.
dluchini 3/6/2024 11:21:46 AM [a Sign] Double click!
Department Head Signature
mvilanova 4/9/2024 9:31:01 AM [a Sign] Double click!
Purchasing Manager Signature
E-PD-047 (07/2021)
Agreement No. 24-228
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated May 21, 2024 and is between
3 United Way Fresno and Madera Counties, a California nonprofit public benefit corporation
4 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
5 ("County").
6 Recitals
7 A. WHEREAS, since 2018, United Way has provided 2-1-1 call center information and
8 referral services to the residents of Fresno County for the County of Fresno Department of
9 Behavioral Health (DBH) and the Department of Social Services (DSS), and
10 B. WHEREAS, these information and referral services relate to mental health support
11 services, housing and shelter, food distributions, low-cost childcare and other help line referral
12 needs, and
13 C. WHEREAS, in 2023, 2-1-1 call center services were expanded to include the
14 Department of Public Health (DPH) related to winter storm related information, and
15 D. WHEREAS, the existing agreement will expire on June 30, 2024 and no additional
16 extensions are available; and
17 E. WHEREAS, DSS, DBH, and DPH wish to enter into a new agreement with United Way
18 for substantially similar 2-1-1 call center information and referral services for DSS and DBH, and
19 revised call center information services for DPH.
20 The parties therefore agree as follows:
21 Article 1
22 Contractor's Services
23 1.1 Scope of Services. The Contractor shall perform all the services provided in Exhibit
24 A to this Agreement, titled "Scope of Services."
25 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
26 able to perform all the services provided in this Agreement.
27 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
28 applicable federal, state, and local laws and regulations in the performance of its obligations
1
1 under this Agreement, including but not limited to workers compensation, labor, and
2 confidentiality laws and regulations.
3 Article 2
4 County's Responsibilities
5 2.1 The County shall perform all of the services provided in the "County Responsibilities"
6 section of Exhibit A to this agreement, titled "Scope of Services".
7 Article 3
8 Compensation, Invoices, and Payments
9 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
10 the performance of its services under this Agreement as described in Exhibit B to this
11 Agreement, titled "Compensation".
12 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
13 under this Agreement is sixty-one thousand five hundred dollars ($61,500)for the first year
14 which includes a one-time payment of ten thousand dollars for DPH related services as well as
15 up to $9,000 for DPH related services depending on the number of DPH related calls received
16 by 2-1-1. The maximum compensation payable to the Contractor for years two through five is
17 fifty-one thousand five hundred dollars ($51,500) which includes up to a maximum of nine
18 thousand dollars for DPH related services for the duration of the Agreement. The total
19 compensation payable for the total potential five-year term of this Agreement shall not exceed
20 two-hundred thirty-one thousand five hundred dollars ($231,500). The Contractor acknowledges
21 that the County is a local government entity, and does so with notice that the County's powers
22 are limited by the California Constitution and by State law, and with notice that the Contractor
23 may receive compensation under this Agreement only for services performed according to the
24 terms of this Agreement and while this Agreement is in effect, and subject to the maximum
25 amount payable under this section. The Contractor further acknowledges that County
26 employees have no authority to pay the Contractor except as expressly provided in this
27 Agreement.
28
2
1 3.3 Invoices. When the Contractor performs work each month for a Department, the
2 Contractor shall submit monthly invoices to that Department, to the applicable County
3 User/Point of Contact as listed in Exhibit E. The Contractor shall submit each invoice within 30
4 days after the month in which the Contractor performs services and in any case within 60 days
5 after the end of the term or termination of this Agreement.
6 3.4 Payment. The County shall pay each correctly completed and timely submitted
7 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
8 address specified in the invoice.
9 3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
10 expenses that are not specified as payable by the County under this Agreement.
11 Article 4
12 Term of Agreement
13 4.1 Term. This Agreement is effective on July, 1, 2024 and terminates on June 30, 2026
14 except as provided in section 4.2, "Extension," or Article 6, "Termination and Suspension,"
15 below.
16 4.2 Extension. The term of this Agreement may be extended for no more than three,
17 one-year periods only upon written approval of both parties at least 30 days before the first day
18 of the next one-year extension period. The head of the department receiving the services or his
19 or her designee is authorized to sign the written approval on behalf of the County based on the
20 Contractor's satisfactory performance. If one or more of the three departments receiving
21 services determines it will not extend the Agreement to continue receiving services, this shall
22 not affect the ability of the remaining departments to extend the Agreement to continue
23 receiving services. The extension of this Agreement by the County is not a waiver or
24 compromise of any default or breach of this Agreement by the Contractor existing at the time of
25 the extension whether or not known to the County.
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3
1 Article 5
2 Notices
3 5.1 Contact Information. The persons and their addresses having authority to give and
4 receive notices provided for or permitted under this Agreement include the following:
5 For the County:
Director, County of Fresno Department of Social Services
6 P.O. Box 1912
Fresno, CA 93718
7
County of Fresno
8 Director of Behavioral Health
1925 E. Dakota Avenue
9 Fresno, CA 93726
10 Director, Department of Public Health
County of Fresno
11 1221 Fulton Street
Fresno, CA 93721
12 For the Contractor:
United Way Fresno Madera Counties
13 Kyle Rahn, Interim President & CEO
4949 E. Kings Canyon Rd
14 Fresno, CA 93727
krahn(o)uwfm.org
15
United Way Fresno Madera Counties
16 Arasely Rosas, Director of Impact
4949 E. Kings Canyon Rd
17 Fresno, CA 93727
arosas(a)uwfm.org
18
United Way Fresno Madera Counties
19 Ashley Ruiz, Interim Vice President of Operations and Administration
4949 E. Kings Canyon Rd
20 Fresno, CA 93727
aruiz@uwfm.org
21
22 5.2 Change of Contact Information. Either party may change the information in section
23 5.1 by giving notice as provided in section 5.3.
24 5.3 Method of Delivery. Each notice between the County and the Contractor provided
25 for or permitted under this Agreement must be in writing, state that it is a notice provided under
26 this Agreement, and be delivered either by personal service, by first-class United States mail, by
27 an overnight commercial courier service, or by Portable Document Format (PDF) document
28 attached to an email.
4
1 (A) A notice delivered by personal service is effective upon service to the recipient.
2 (B) A notice delivered by first-class United States mail is effective three County
3 business days after deposit in the United States mail, postage prepaid, addressed to the
4 recipient.
5 (C)A notice delivered by an overnight commercial courier service is effective one
6 County business day after deposit with the overnight commercial courier service,
7 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
8 the recipient.
9 (D)A notice delivered by PDF document attached to an email is effective when
10 transmission to the recipient is completed (but, if such transmission is completed outside
11 of County business hours, then such delivery is deemed to be effective at the next
12 beginning of a County business day), provided that the sender maintains a machine
13 record of the completed transmission.
14 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
15 nothing in this Agreement establishes, waives, or modifies any claims presentation
16 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
17 of Title 1 of the Government Code, beginning with section 810).
18 Article 6
19 Termination and Suspension
20 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
21 contingent on the approval of funds by the appropriating government agency. If sufficient funds
22 are not allocated, then the County, upon at least 30 days' advance written notice to the
23 Contractor, may:
24 (A) Modify the services provided by the Contractor under this Agreement; or
25 (B) Terminate this Agreement.
26 6.2 Termination for Breach.
27 (A) Upon determining that a breach (as defined in paragraph (C) below) has
28 occurred, the County may give written notice of the breach to the Contractor. The written
5
1 notice may suspend performance under this Agreement, and must provide at least 30
2 days for the Contractor to cure the breach.
3 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
4 time stated in the written notice, the County may terminate this Agreement immediately.
5 (C) For purposes of this section, a breach occurs when, in the determination of the
6 County, the Contractor has:
7 (1) Obtained or used funds illegally or improperly;
8 (2) Failed to comply with any part of this Agreement;
9 (3) Submitted a substantially incorrect or incomplete report to the County; or
10 (4) Improperly performed any of its obligations under this Agreement.
11 6.3 Termination without Cause. In circumstances other than those set forth above, the
12 County may terminate this Agreement by giving at least 30 days advance written notice to the
13 Contractor.
14 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
15 under this Article 6 is without penalty to or further obligation of the County.
16 6.5 County's Rights upon Termination. Upon termination for breach under this Article
17 6, the County may demand repayment by the Contractor of any monies disbursed to the
18 Contractor under this Agreement that, in the County's sole judgment, were not expended in
19 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
20 demand. This section survives the termination of this Agreement.
21 Article 7
22 Independent Contractor
23 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
24 agents, employees, and volunteers, is at all times acting and performing as an independent
25 contractor, in an independent capacity, and not as an officer, agent, servant, employee,joint
26 venturer, partner, or associate of the County.
27
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6
1 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
2 manner or method of the Contractor's performance under this Agreement, but the County may
3 verify that the Contractor is performing according to the terms of this Agreement.
4 7.3 Benefits. Because of its status as an independent contractor, the Contractor has no
5 right to employment rights or benefits available to County employees. The Contractor is solely
6 responsible for providing to its own employees all employee benefits required by law. The
7 Contractor shall save the County harmless from all matters relating to the payment of
8 Contractor's employees, including compliance with Social Security withholding and all related
9 regulations.
10 7.4 Services to Others. The parties acknowledge that, during the term of this
11 Agreement, the Contractor may provide services to others unrelated to the County.
12 Article 8
13 Indemnity and Defense
14 8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
15 County (including its officers, agents, employees, and volunteers) against all claims, demands,
16 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
17 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
18 the performance or failure to perform by the Contractor (or any of its officers, agents,
19 subcontractors, or employees) under this Agreement. The County may conduct or participate in
20 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
21 defend the County.
22 8.2 Survival. This Article 8 survives the termination of this Agreement.
23 Article 9
24 Insurance
25 9.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
26 Agreement.
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7
1 Article 10
2 Inspections, Audits, and Public Records
3 10.1 Inspection of Documents. The Contractor shall make available to the County, and
4 the County may examine at any time during business hours and as often as the County deems
5 necessary, all of the Contractor's records and data with respect to the matters covered by this
6 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
7 request by the County, permit the County to audit and inspect all of such records and data to
8 ensure the Contractor's compliance with the terms of this Agreement.
9 10.2 State Audit Requirements. If the compensation to be paid by the County under this
10 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
11 California State Auditor, as provided in Government Code section 8546.7, for a period of three
12 years after final payment under this Agreement. This section survives the termination of this
13 Agreement.
14 10.3 Public Records. The County is not limited in any manner with respect to its public
15 disclosure of this Agreement or any record or data that the Contractor may provide to the
16 County. The County's public disclosure of this Agreement or any record or data that the
17 Contractor may provide to the County may include but is not limited to the following:
18 (A) The County may voluntarily, or upon request by any member of the public or
19 governmental agency, disclose this Agreement to the public or such governmental
20 agency.
21 (B) The County may voluntarily, or upon request by any member of the public or
22 governmental agency, disclose to the public or such governmental agency any record or
23 data that the Contractor may provide to the County, unless such disclosure is prohibited
24 by court order.
25 (C)This Agreement, and any record or data that the Contractor may provide to the
26 County, is subject to public disclosure under the Ralph M. Brown Act (California
27 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
28
8
1 (D)This Agreement, and any record or data that the Contractor may provide to the
2 County, is subject to public disclosure as a public record under the California Public
3 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
4 with section 6250) ("CPRA").
5 (E) This Agreement, and any record or data that the Contractor may provide to the
6 County, is subject to public disclosure as information concerning the conduct of the
7 people's business of the State of California under California Constitution, Article 1,
8 section 3, subdivision (b).
9 (F) Any marking of confidentiality or restricted access upon or otherwise made with
10 respect to any record or data that the Contractor may provide to the County shall be
11 disregarded and have no effect on the County's right or duty to disclose to the public or
12 governmental agency any such record or data.
13 10.4 Public Records Act Requests. If the County receives a written or oral request
14 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
15 and which the County has a right, under any provision of this Agreement or applicable law, to
16 possess or control, then the County may demand, in writing, that the Contractor deliver to the
17 County, for purposes of public disclosure, the requested records that may be in the possession
18 or control of the Contractor. Within five business days after the County's demand, the
19 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
20 possession or control, together with a written statement that the Contractor, after conducting a
21 diligent search, has produced all requested records that are in the Contractor's possession or
22 control, or (b) provide to the County a written statement that the Contractor, after conducting a
23 diligent search, does not possess or control any of the requested records. The Contractor shall
24 cooperate with the County with respect to any County demand for such records. If the
25 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
26 CPRA or other applicable law, it must deliver the record or data to the County and assert the
27 exemption by citation to specific legal authority within the written statement that it provides to
28 the County under this section. The Contractor's assertion of any exemption from disclosure is
9
1 not binding on the County, but the County will give at least 10 days' advance written notice to
2 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
3 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
4 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
5 failure to produce any such records, or failure to cooperate with the County with respect to any
6 County demand for any such records.
7 Article 11
8 Disclosure of Self-Dealing Transactions
9 11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation,
10 or changes its status to operate as a corporation.
11 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
12 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
13 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
14 the County before commencing the transaction or immediately after.
15 11.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
16 a party and in which one or more of its directors, as an individual, has a material financial
17 interest.
18 Article 12
19 General Terms
20 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
21 Agreement may not be modified, and no waiver is effective, except by written agreement signed
22 by both parties. The Contractor acknowledges that County employees have no authority to
23 modify this Agreement except as expressly provided in this Agreement.
24 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
25 under this Agreement without the prior written consent of the other party.
26 12.3 Governing Law. The laws of the State of California govern all matters arising from
27 or related to this Agreement.
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1 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
2 County, California. Contractor consents to California jurisdiction for actions arising from or
3 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
4 brought and maintained in Fresno County.
5 12.5 Construction. The final form of this Agreement is the result of the parties' combined
6 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
7 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
8 against either party.
9 12.6 Days. Unless otherwise specified, "days" means calendar days.
10 12.7 Headings. The headings and section titles in this Agreement are for convenience
11 only and are not part of this Agreement.
12 12.8 Severability. If anything in this Agreement is found by a court of competent
13 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
14 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
15 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
16 intent.
17 12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
18 not unlawfully discriminate against any employee or applicant for employment, or recipient of
19 services, because of race, religious creed, color, national origin, ancestry, physical disability,
20 mental disability, medical condition, genetic information, marital status, sex, gender, gender
21 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
22 all applicable State of California and federal statutes and regulation.
23 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
24 of the Contractor under this Agreement on any one or more occasions is not a waiver of
25 performance of any continuing or other obligation of the Contractor and does not prohibit
26 enforcement by the County of any obligation on any other occasion.
27 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
28 between the Contractor and the County with respect to the subject matter of this Agreement,
11
I
1 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
2 publications, and understandings of any nature unless those things are expressly included in
3 this Agreement. If there is any inconsistency between the terms of this Agreement without its
4 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
5 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
6 exhibits.
7 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
8 create any rights or obligations for any person or entity except for the parties.
9 12.13 Authorized Signature. The Contractor represents and warrants to the County that:
10 (A) The Contractor is duly authorized and empowered to sign and perform its
11 obligations under this Agreement.
12 (B) The individual signing this Agreement on behalf of the Contractor is duly
13 authorized to do so and his or her signature on this Agreement legally binds the
14 Contractor to the terms of this Agreement.
15 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by
16 electronic signature as provided in this section.
17 (A) An "electronic signature" means any symbol or process intended by an individual
18 signing this Agreement to represent their signature, including but not limited to (1) a
19 digital signature; (2) a faxed version of an original handwritten signature; or(3) an
20 electronically scanned and transmitted (for example by PDF document) version of an
21 original handwritten signature.
22 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
23 equivalent to a valid original handwritten signature of the person signing this Agreement
24 for all purposes, including but not limited to evidentiary proof in any administrative or
25 judicial proceeding, and (2) has the same force and effect as the valid original
26 handwritten signature of that person.
27
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12
1 (C)The provisions of this section satisfy the requirements of Civil Code section
2 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
3 Part 2, Title 2.5, beginning with section 1633.1).
4 (D) Each party using a digital signature represents that it has undertaken and
5 satisfied the requirements of Government Code section 16.5, subdivision (a),
6 paragraphs (1) through (5), and agrees that each other party may rely upon that
7 representation.
8 (E) This Agreement is not conditioned upon the parties conducting the transactions
9 under it by electronic means and either party may sign this Agreement with an original
10 handwritten signature.
11 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
12 original, and all of which together constitute this Agreement.
13 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
United Way Fresno and Madera Counties COUNTY OF FRESNO
3
4
5 Kyle Rahn, Interim President and CEO Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
6 4949 E. Kings Canyon Road
Fresno, CA 93727 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
9
By:
10 Deputy
11 For accounting use only:
12 Department of Social Services
Org No.: 56107001
13 Account No.: 7870
Fund No.: 0001
14 Subclass No.: 10000
15 Department of Behavioral Health
Org No.: 56302003
16 Account No.: 7870
Fund No.: 0001
17 Subclass No.: 10000
18 Department of Public Health
Org No.: 56201626
19 Account No.: 7295
Fund No.: 0001
20 Subclass No.: 10000
21
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25
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Exhibit A
Scope of Services
ORGANIZATION: UNITED WAY FRESNO AND MADERA COUNTIES
SERVICES: INFORMATION AND REFERRAL SERVICES VIA THE
CENTRAL VALLEY 2-1-1 CALL CENTER
CONTRACT PERIODS: Initial Term July 1, 2024-June 30, 2026. Option to extend
an additional three, one-year periods.
MAXIMUM COMPENSATION: $231,500
DBH INFORMATION AND REFERRAL SERVICES - $12,500 Annually
United Way Fresno and Madera Counties shall provide information and referral services to the
residents of Fresno County for the County of Fresno Department of Behavioral Health (DBH).
Through 2-1-1, United Way Fresno and Madera Counties will provide information and referrals
for vital community mental health support systems to individuals in need of them, thereby
reducing disparities in access to mental health and human services for unserved and
underserved populations within Fresno County.
DSS 2-1-1 - $30,000 Annually
I. PROJECT DESCRIPTION
United Way Fresno and Madera Counties shall provide information and referral services to the
County of Fresno Department of Social Services (DSS) clients that are seeking non-case
related information via its 2-1-1 Call Center. United Way Fresno and Madera Counties can
provide information on items such as housing and shelter, food distributions, low-cost childcare,
and other help line referral needs. Clients calling into the DSS Call Center may select a direct
transfer to 2-1-1, and United Way Fresno and Madera Counties shall service these calls routed
from the DSS Call Center. United Way Fresno and Madera Counties may elect to subcontract
some or all its obligations under the Service Agreement upon the written consent of DSS.
ll. CONTRACTOR'S RESPONSIBILITIES
United Way Fresno and Madera Counties shall:
1. Subcontract with Community Action Partnership of Kern for call center services on
behalf of United Way to receive calls directly transferred to the 2-1-1 Call Center
from the DSS call center(s).
A-1
2. Service up to 1,000 calls routed from DSS every month, Monday-Friday during
regular business hours (8:00 am —5:00 pm)with an anticipated service level of
60/120 (60% of calls to be answered within 120 seconds).
3. Serve clients in different languages, as needed.
4. Work in collaboration with DSS to customize call routing, Interactive Voice Response
(IVR) scripts, and technology alignment.
5. Closely monitor the service levels, transfers, and customer feedback (where
possible) to adjust call flow transfers from DSS to United Way Fresno and Madera
Counties.
6. Meet with DSS staff as often as needed.
7. Maintain responsibility for all call center services rendered by Community Action
Partnership of Kern on behalf of United Way Fresno and Madera Counties.
8. Ensure that Community Action Partnership of Kern complies with all terms of this
Service Agreement while providing call center services.
III. COUNTY RESPONSIBILITIES
DSS shall:
1. Provide IVR system direct link to 2-1-1.
2. Work in collaboration with United Way to customize call routing, IVR scripts, and
technology alignment.
3. Meet with United Way as often as needed for problems and information sharing, and
review and monitoring of services.
IV. MONTHLY REPORTS AND OUTCOMES
United Way Fresno and Madera Counties shall provide DSS monthly activity reports on services
rendered by the 15th of the following month. Monthly reporting will include as much information and
data specific to the DSS call transfers as possible, including but not limited to the below metrics.
United Way Fresno and Madera Counties and DSS shall mutually agree on changes to data tracking
as needed and requested.
A-2
English Spanish Total
Queue Offered
Inbound Handled
Abandons
Short Abandons
Callback Requests
Avg Speed of Answer
Inbound AHT
Calls in SLA
Fresno DSS Outbound
Accidentally landed at 211 Fresno County but
received Services
DSS Calls returned with no IR
Definitions:
• Queue Offered — Number of calls presented from DSS number(s)
• Inbound Handled — Number of calls answered by United Way 211.
• Abandons — Number of calls that were not answered. Percentage represents
Abandons/Queue Offered.
• Short Abandons — Number of calls that failed to connect in less than 60 seconds.
Percentage represents Short Abandons/Queue Offered.
• Callback Requests — Number of calls that requested a callback. Percentage represents
Callback Requests/Queue Offered.
• Average Speed of Answer—Average time before a call is answered by United Way 211.
• Inbound AHT—Average Handle Time (AHT) spent handling a call. Includes talk, hold, and
work time.
• Calls in SLA— Number of calls with queue time less than or equal to 120 seconds.
• Fresno DSS Outbound — Number of calls that accidentally went to 211 and asked to be
transferred back to DSS.
• Accidentally landed at 211 Fresno County but received Services: Number of calls that
accidentally landed at 211 Fresno County but received services from United Way.
• DSS Calls returned with no IR—Number of calls returned to DSS from United Way 211 with
no information or referral.
DPH 2-1-1 - $19,000
I. PROJECT DESCRIPTION
The United States Postal Service (USPS) uses a Biohazard Detection System (BDS)to detect
the presence of anthrax in all outgoing mail at its mail processing center located at 1900 E.
Street in Fresno. The Fresno County Department of Public Health (DPH) has an agreement
with the United States Postal Service (USPS) to assist the USPS in the event of a positive
A-3
anthrax detection at the E Street processing center by providing antibiotic prophylaxis to all
USPS employees and members of the public who were in the facility at the time the anthrax
alarm went off. It is anticipated that this event will generate significant media attention and a
significant number of calls from the public. DPH's public messaging will direct the public to call
2-1-1 for the most current information.
II. CONTRACTOR'S RESPONSIBILITIES
1. Provide DPH with call script/message template (if desired) so that DPH can pre-draft
the call script and be able to more quickly provide incident information for use by the
2-1-1 call center in the preferred format.
2. Ensure the 2-1-1 call center will be ready to receive calls within 8 hours after
receiving notification by DPH staff of a positive anthrax detection.
3. 2-1-1 staff will determine what type of information the caller is looking for and use
DPH's public facing webpage (webpage address to be provided to United Way at the
time of event notification) to answer caller questions and direct them to other
resources containing anthrax related information.
4. Collect contact information from callers who were at the Post Office the day of the
positive anthrax detection and who are concerned about potential exposure, and
submit the information to DPH via DPH's website. Once all information is collected
and submitted by 2-1-1 staff, 2-1-1 staff will inform the caller that DPH staff have
received their information and that DPH will follow up with the caller as soon as
possible.
5. As additional incident related information becomes available, distribute updated call
center scripts/instructions to 2-1-1 call center staff as soon as feasible following
receipt from DPH.
III. DPH'S RESPONSIBILITIES
DPH shall:
1. Contact Contractor as soon as feasible following notification of the positive anthrax
detection and notify Contractor that the 2-1-1 call center should be ready to receive
calls from the public within 8 hours.
2. Make DPH's public facing webpage accessible and provide webpage address to
Contractor when activating Contractor to be able to receive anthrax related calls at
its 2-1-1 call center. Webpage shall be updated with incident and anthrax related
information and the ability for Contractor to record caller information a minimum of
one hour before 2-1-1 call center is expected to be ready to receive calls.
3. Provide Contractor with call script/message templates within 6 hours of providing
notification to activate the 2-1-1 call center. If requested by Contractor, DPH shall
submit messages on call script/message templates provided by Contractor.
A-4
4. Provide updated call scripts or additional instructions to Contractor as additional
incident information becomes available or new questions need to be asked of callers.
A-5
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BUDGET SUMMARY - DBH
NAME OR ORGANIZATION: United Way Fresno and Madera Counties
SERVICES: 2-1-1 Call Center Information and Referral Services
CONTRACT PERIOD: July 1, 2024-June 2026 (with 3 optional years)
MAXIMUM COMPENSATION: $12,500 per 1 year term
CONTRACT TOTAL: $62,500
Annual Contract Cost
Salaries & Benefits Account Number Amount
Personal Salaries 0100 $0
Payroll Taxes 0150 $0
Benefits 0200 $0
Subtotal $0
Services & Supplies Account Number Amount
Insurance 0250 $0
Communications 0300 $0
Office Expenses 0350 $0
Equipment 0400 $0
Facilities 0450 $0
Travel Costs 0500 $0
Program Supplies 0550 $0
Consultancy/Subcontracts 0600 $12,500
Fiscal & Audits 0650 $0
Training 0660 $0
Indirect Costs 0700 $0
Subtotal $12,500
Total $12,500
B-2
BUDGET SUMMARY - DSS
NAME OR ORGANIZATION: United Way Fresno and Madera Counties
SERVICES: 2-1-1 Call Center Information and Referral Services
CONTRACT PERIOD: July 1, 2024-June 2026 (with 3 optional years)
MAXIMUM COMPENSATION: $30,000 per 1 year term
CONTRACT TOTAL: $150,000
Annual Contract Cost
Salaries & Benefits Account Number Amount
Personal Salaries 0100 $0
Payroll Taxes 0150 $0
Benefits 0200 $0
Subtotal $0
Services & Supplies Account Number Amount
Insurance 0250 $0
Communications 0300 $3,000
Office Expenses 0350 $0
Equipment 0400 $0
Facilities 0450 $0
Travel Costs 0500 $0
Program Supplies 0550 $0
Consultancy/Subcontracts 0600 $24,000
Fiscal & Audits 0650 $0
Training 0660 $0
Indirect Costs 0700 $3,000
Subtotal $30,000
B-3
Total $30,000
BUDGET SUMMARY - DPH
NAME OR ORGANIZATION: United Way Fresno and Madera Counties
SERVICES: 2-1-1 Call Center Information and Referral Services
CONTRACT PERIOD: July 1 , 2024-June 2026 (with 3 optional years)
MAXIMUM COMPENSATION: $19,000
CONTRACT TOTAL: $19,000
Budget Summary
Items Description Price Amount
Upfront contract fee of $10,000 $10,000 $10,000
Contract Fee payable in Year 1 (Includes
800 211 BIDS calls)
>800 calls Cost per call at $6 per call $6 $6 x 1,500
after first 800 calls. Payable in calls =
the year the calls are $9,000
received.
Total $19,000
B-4
Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions
that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name,job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
C-1
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date:
C-2
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, Contractor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of
Two Million Dollars ($2,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Contractor's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Contractor shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
Floor, Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by
mail or email to the person(s) identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3)the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
D-1
Exhibit D
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The technology professional liability insurance certificate must also state that
coverage encompasses all of the Contractor's obligations under this Agreement,
including but not limited to claims involving Cyber Risks, as that term is defined in
this Agreement.
(v) The cyber liability insurance certificate must also state that it is endorsed, and
include an endorsement, to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited
to information or data) that is in the care, custody, or control of the Contractor.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Contractor shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Contractor shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Contractor shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
D-2
Exhibit D
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
D-3
Exhibit E
Invoice Information
Invoices shall be sent to the respective Department receiving 2-1-1 services as follows:
Department of Social Services
P.O. Box 1912
Fresno, CA 93718
Or email to: dssinvoices(a fresnocountyca.gov
Department of Behavioral Health
1925 E. Dakota Ave.
Fresno, CA 93726
Attention: DBH Invoices
Or email to dbh-invoices(cDfresnocountyca.gov
Department of Public Health
Attention: PHEP Program
P.O. Box 11867
Fresno, CA 93775
Or email to: dphboap(a fresnocountyca.gov