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HomeMy WebLinkAboutP-25-166 Procurement Agreement.pdf 1-0 County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet• Graphics• Purchasing •Security•Technology O� 1$5 O ORES PROCUREMENT AGREEMENT Agreement Number P-25-166 May 9, 2025 Creative Hope Studios 109 N Yale Ave Lancaster, PA 17603 The County of Fresno (County) hereby contracts with Creative Hope Studios to provide an on-site comprehensive music studio program for in-custody youth located at the Fresno County Probation Juvenile Justice Campus (JJC) in accordance with the text of this agreement and Attachment"A" by this reference made a part hereof. TERM: This Agreement shall become effective upon execution and shall remain in effect through May 20tn 2028. EXTENSION: This Agreement may be extended for two (2) additional one (1)year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A" attached, at the rates set forth in Attachment"A". ORDERS: Orders will be placed on an as-needed basis by the County of Fresno Probation Department 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 twenty-nine thousand dollars ($29,000.00). 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. 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 *The County of Fresno is an Equal Employment Opportunity Employer* PROCUREMENT AGREEMENT NUMBER: P-25-166 Page 2 Creative Hope Studios May 9, 2025 INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty(30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement(JPA)throughout the term of the Agreement: A. Commercial General Liability: Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). 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. Professional Liability: Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1)the retroactive date must be prior to the date on which services began P-25-166 Agreement PROCUREMENT AGREEMENT NUMBER: P-25-166 Page 3 Creative Hope Studios May 9, 2025 under this Agreement; (2)the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. D. Worker's Compensation: Workers compensation insurance as required by the laws of the State of California with statutory limits. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty(30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty (30)days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Probation Department ATTN: MSSU, 3333 E American Ave, Fresno, CA 93725 or via email to ProbationContracts@fresnocountyca.gov, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. Certificates of Insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations P-25-166 Agreement PROCUREMENT AGREEMENT NUMBER: P-25-166 Page 4 Creative Hope Studios May 9, 2025 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. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement(excluding Attachment"A") and (2)Attachment"A". GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or(3)an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement(1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Amber Siner, Purchasing Analyst, at 559-600-7117 or asiner@fresnocountyca.gov. P-25-166 Agreement PROCUREMENT AGREEMENT NUMBER: P-25-166 Page 5 Creative Hope Studios May 9, 2025 FOR THE COUNTY OF FRESNO Riley Blckbur Riley Blackburn Datleal 025.05.12ly signedy08:28:111a0700n Riley Blackburn Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 P-25-166 Agreement PROCUREMENT AGREEMENT NUMBER: P-25-166 Page 6 Creative Hope Studios May 9, 2025 CONTRACTOR TO COMPLETE: Company: Creative Hope Studios Type of Entity: ❑ Individual ■ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ❑ Corporation ❑ General Partnership 109 N Yale ave Lancaster PA 17603 Address City State Zip (717) 283-3463 jose@creativehopestud ios.con TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Title: Jose Rios - Co Founder Print Name &Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 34409999 Account No.: 7295 Requisition No.: 3440250098 (7/2024) P-25-166 Agreement PROCUREMENT AGREEMENT NUMBER: P-25-166 Page 7 Creative Hope Studios May 9, 2025 ATTACHMENT"A" Creative Hope Studios L.L.C. 109 N Yale Avenue Lancaster, PA 17603 SCOPE OF WORK: I. Objective Creative Hope Studio (also referred to as CHS) will provide a music production program for detained youth at the Fresno County Juvenile Justice Campus (JJC). The program will teach youth the fundamental skills for producing music and recording songs in a recording studio environment. It is an incentive-based, participation program that can help increase appropriate youth behavior and decrease inappropriate youth behavior. The studio and programming will: • Provide a safe place for creative youth. • Promote culture. • Influence self-expression. • Encourage positive relationship building. • Teach youth about career options and employable skills such as poetry, rapping, singing, songwriting, podcast hosting, and music or audio producing. • Teach youth life skills such as respect, teamwork, and self-awareness. • Enhance the mentoring relationship between staff and youth. II. Project Outline Creative Hope Studios offers creative space and programming in youth detention, alternative schools and rehabilitation facilities across the country with confidence that it will help cultivate good culture and influence self- expression and positive relationship building among youths, educators and staff. Creative Hope Studio space will be an extremely valuable asset when coupled with stable therapeutic relationships, and serves as a catalyst to breaking down barriers that youths are facing when challenged with the idea of positive change. Youth will also have opportunities to learn entrepreneurial and employability skills that can help connect to academic interest in potential tech careers. Youths can explore careers in audio production, music engineering, videography, video editing, podcasting, and graphic design. Youths can begin the process of identifying career interests and planning for vocational learning opportunities. Career exploration with Creative Hope Studios will improve students' knowledge of career options, encouraging them to work toward goals as they are also beginning to transition back into the community and school system. III. CHS Responsibilities a. Provide Fresno County JJC with a recording studio equipped with: P-25-166 Agreement PROCUREMENT AGREEMENT NUMBER: P-25-166 Page 8 Creative Hope Studios May 9, 2025 QTY Item Description 1 Electric, Acoustic and Bass Guitar Stand — Black 1 Headphone Extension Cable 1/4"TRS Male to 1/4"TRS Female 25 Ft. - Black 1 XLR Microphone Cable 15 Ft. - Black 1 Electric Guitar- Black 1 Instrument Cable 10 Ft. - Black 1 Audio Interface 1 Pre amp/ EQ Rack Mount 1 9 Outlet Power Supply Rack Mount 1 13 USB Port Rack Mount 1 49 Key Midi Keyboard Controller 1 Double Pop Filter 6 In. 4 1/4"TRS to XLR3M (10 Ft.) 1 Professional Studio Monitor Stand- Pair- Black 4 Closed Back Professional Headphones 1 1/4"TRS Male to 1/4"TRS Female 25 Ft. - Black 2 Powered Studio Monitor(Pair) 1 48 Pack Acoustic Foam Panels Soundproofing Fire Resistant Sound Proof Padding 1 Black Fabric Strips with Adhesive - 1" x 4", Strong Double-Sided Heavy Duty 3 8.2 Ft. Backlight, SMD USB LED Light Strip 2 Studio Space Chairs 1 34-Inch Curved Ultra-wide Monitor Screen 1 Microphone Stand 1 Premium Vocal Shield 1 Music Studio Desk 1 Microsoft Computer 1 Custom Keyboard 1 Computer Mouse 1 2T Lacie Hard Drive 2 Artist Wall Photos with Frame 2 Podcast Headphone Hanger 1 Creative Hope Studios Custom Carpet 1 Audio Condenser Microphone 1 Podcast Equipment 1 Podcast Desk 2 Podcast Microphone Boom Arms 1 Creative Hope Studios Custom Rule Sign 1 Creative Hope Studios 12 X 12 Logo Sign 1 Exclusively Produced FLX Production Beats and Drum Kits 1 CHS Back-end support 1 CHS Staff Training *High-Performance PC System Specifications Our PC systems are designed for speed and efficiency, featuring the Intel®CoreTM i7 14700 processor, Windows 11 Home operating system, and Intel®UHD Graphics 770. Equipped with 16 GB of DDR5 RAM and a 1 TB SSD, these systems provide seamless multi-tasking and ample storage. Additionally, each system includes a LaCie 1 TB SSD portable external drive for expanded storage and data portability. b. Provide Fresno County JJC with an introductory music recording studio program including the following curriculum components: i. Vocal Recording: Participants will learn about proper microphone techniques and recording processes. They'll explore how to capture clear and P-25-166 Agreement PROCUREMENT AGREEMENT NUMBER: P-25-166 Page 9 Creative Hope Studios May 9, 2025 professional-quality vocals, understand the nuances of tone and pitch, and receive guidance on editing and mixing vocals for polished results. ii. MIDI Keyboard Proficiency: This section focuses on mastering the MIDI keyboard, including understanding various virtual instruments, sound manipulation, and creating expressive melodies and harmonies. iii. Song Construction: Participants will gain insights into the art of crafting songs from scratch. Starting with conceptualizing ideas, they'll explore song structure, arrangement techniques, and how to build engaging musical narratives. Through hands-on exercises, they'll combine their vocal recordings and MIDI keyboard skills to construct complete, captivating compositions that reflect their unique musical style. iv. Podcasting: Participants will gain insights into the art of podcasting from scratch. Starting with conceptualizing ideas, they'll explore podcast structure, scripting techniques, and how to build engaging audio narratives. Through hands-on exercises, they'll combine their vocal recordings and editing skills to construct complete, captivating episodes that reflect their unique voice and perspective. Whether they're interested in storytelling, interviewing, or providing educational content, this program will equip them with the tools and confidence to produce professional- quality podcasts that resonate with their audience. Throughout the masterclass, they'll receive personalized guidance, practical assignments, and collaborative opportunities to refine their skills and create music that resonates with their artistic vision. v. Videography and Photography: Participants will gain insights into the art of videography and photography from scratch. Starting with conceptualizing ideas, they'll explore visual storytelling techniques, composition, and how to build engaging visual narratives. Through hands-on exercises, they'll combine their camera skills and editing expertise to create complete, captivating projects that reflect their unique creative vision. Whether they're interested in documentary film making, music videos, portrait photography, or artistic projects, this program will equip them with the tools and confidence to produce professional-quality visuals that resonate with their audience. b. Program Logistics i. Custom Studio Graffiti Mural (Day 1) ii. Studio Installation (Day 2) 1. Equipment and software registration 2. Equipment assembly 3. Foam padding placed in designated area to assure quality of sound iii. Staff Training and Development (Day 3) 1. Review every piece of equipment and its functionalities 2. Recording workstation and music production tutorials 3. Importance of program structure iv. Back-End Support & Staff Training 1. Digital tutorials provided for training refresher 2. Technical support IV. Fresno County Responsibilities a. Provide space at JJC to set up the music studio equipment. b. Ensure staff availability for training, program support, guidance and continued youth participant engagement. P-25-166 Agreement PROCUREMENT AGREEMENT NUMBER: P-25-166 Page 10 Creative Hope Studios May 9, 2025 V. Ending Goals a. To address the shortage of music therapy opportunities and hip-hop- related programming in the juvenile justice system, and education systems. b. To establish a music recording studio program for youth who aspire to be poets, rappers, singers, songwriters, podcast host, producers and provide a safe space for creativity and self-expression. c. To establish culturally responsive programs that can teach relevant life skills such as respect, teamwork, and appreciation. d. To educate youths on music business options and career paths other than the rapper. Make them aware of other career options in the creative industries. e. To develop an incentive-based program that will curve behaviors as youths become self- driven and self-aware to earn entry into the program. f. To develop and formalize positive youth and staff relationship opportunities through mentoring, music, and culture. g. To provide resources, training, on-call long-term backend support and tools to be successful in offering a therapy recording studio program/creative space. BUDGET SUMMARY-Service Cost The fixed fees for services are as listed below and are payable after all work described in this Contract has been completed. Our Creative Hope technical support is for the life of the program. Service Items One-time Cost: Travel included Recording Studio Equipment& Program $15,000.00 Studio/podcast equipment, Digital audio workstation software (FL Studio All Plugins Edition), Video Editing Software (DaVinci Resolve), Graphic Design Software (Photo Director) FLX Production Kit & Program $2,000.00 Studio Assembly $6,000.00 Training and Technical Support $5,000.00 Custom Studio Graffiti Mural $1,000.00 Creative Hope Studios Total $29,000.00 P-25-166 Agreement