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Home My WebLink AboutP-20-222 Agreement United Way Fresno and Madera Counties .pdf333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno INTERNAL SERVICES DEPARTMENT Facilities • Fleet • Graphics • Purchasing • Security • Technology PROCUREMENT AGREEMENT Agreement Number P-20-222 June 16, 2020 United Way Fresno and Madera Counties 4949 E. Kings Canyon Road Fresno, Ca 93727 The County of Fresno (County) hereby contracts with United Way Fresno and Madera Counties (Contractor) to provide information and referral services in accordance with the text of this agreement, Attachment “A”, and Attachment “B” by this reference made a part hereof. TERM: This Agreement shall become effective July 1, 2020 and shall remain in effect through June 30, 2021. 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 “B”. ORDERS: Orders will be placed on an as-needed basis by Departments of Social Services and Department of Behavioral Health under this contract. PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Forty-Two Thousand Five Hundred Dollars ($42,500). 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. PROCUREMENT AGREEMENT NUMBER: P-20-222 Page 2 United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX INVOICING: An itemized invoice in duplicate shall be mailed 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 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. PROCUREMENT AGREEMENT NUMBER: P-20-222 Page 3 United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX 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, Department of Social Services, Attn: Contracts, P.O. Box 1912, Fresno, CA 93718, 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. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such PROCUREMENT AGREEMENT NUMBER: P-20-222 Page 4 United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX 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 Attachment ”B”), (2) Attachment "A", and (3) Attachment "B" 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. 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 Erin, Purchasing Technician, at 559-600-7120 or ejones@fresnocountyca.gov FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:EJ PROCUREMENT AGREEMENT NUMBER: P-20-222 Page 5 United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX CONTRACTOR TO COMPLETE: Company: Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Title: Print Name & Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 56302005/56107001 Account No.: 7870/ Requisition No.: 5632010080//5612001665 (01/2020) PROCUREMENT AGREEMENT NUMBER: P-20-222 Attachment "A” United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX ATTACHMENT "A" SUMMARY 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: July 1, 2020 – June 30, 2021 ($ 42,500) MAXIMUM COMPENSATION: $ 42,500 DBH INFORMATION AND REFERRAL SERVICES - $12,500 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 services to individuals in need of them, thereby reducing disparities in access to mental health and human services for un-served and underserved populations within Fresno County. DBH shall contribute an annual amount of $12,500 to United Way Fresno and Madera Counties for information and referral services. DSS 2-1-1 - $30,000 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 child care, 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 Procurement Agreement upon the written consent of DSS. II. CONTRACTOR’S RESPONSIBILITIES United Way Fresno and Madera Counties shall: 1. Subcontract with Interface Children & Family Services 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). 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 PROCUREMENT AGREEMENT NUMBER: P-20-222 Attachment "A” United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX 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 Interface Children and Family Services on behalf of United Way Fresno and Madera Counties. 8. Ensure that Interface Children & Family Services complies with all terms of this Procurement 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 Fresno and Madera Counties to customize call routing, IVR scripts, and technology alignment. 3. Meet with United Way Fresno and Madera Counties as often as needed for problem and issue resolution, 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. 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. PROCUREMENT AGREEMENT NUMBER: P-20-222 Attachment "A” United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX Number of Calls Average Queue Time Average Handle Time Calls Meeting SL (60s) Calls Meeting SL (120s) Total Calls (EN) N/A Total Calls (SP) N/A Calls Handled (EN) N/A N/A Calls Handled (SP) N/A N/A Calls Handled and Referred Back (EN) N/A N/A Calls Handled and Referred Back (SP) N/A N/A Calls to 211 Fresno County by Mistake but Received Services (AC) N/A N/A N/A N/A DSS Call Returned with No Information and Referral (IR) N/A N/A N/A N/A Definitions: Total Calls – Total number of calls presented from DSS number(s). Calls Handled – Number of calls handled. Subset of Total Calls. Calls Handled and Referred Back – Handled calls referred back to DSS. Subset of Calls Handled. Average Queue Time – Average time calls spend on queue. Average Queue Time for Total Calls should include abandoned calls. Calls to 211 Fresno County by Mistake but Received Services (AC) – Number of calls that accidentally landed at 211 Fresno County but received services. DSS Call Returned with No Information and Referral (IR) – Number of calls returned with no information and referral from 2-1-1. Average Handle Time – Average time spent handling a call. Includes talk, hold, and work time. Calls Meeting SL (60s) – Number of handled calls with queue time less than or equal to 60 seconds. Calls Meeting SL (120s) – Number of handled calls with queue time less than or equal to 120 seconds. PROCUREMENT AGREEMENT NUMBER: P-20-222 Attachment "B” United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX ATTACHMENT "B " BUDGET SUMMARY ORGANIZATION: United Way Fresno and Madera Counties SERVICES: 2-1-1 Call Center and Referral Services CONTRACT PERIOD: July 1, 2020 - June 30, 2021 CONTRACT AMOUNT: $42,500 FY 2020-21 Total Department of Social Services $30,000 $30,000 Department of Behavioral Health $12,500 $12,500 Total Contract Maximum $42,500 $42,500 BUDGET SUMMARY-DSS NAME OF ORGANIZATION: United Way Fresno and Madera Counties SERVICES: 2-1-1 Call Center and Referral Services CONTRACT PERIOD: July 1, 2020 - June 30, 2021 MAXIMUM COMPENSATION $30,000 CONTRACT TOTAL: $30,000 BUDGET CATEGORIES ACCOUNT NUMBER AMOUNT SALARIES & BENEFITS Personnel Salaries 0100 $0 Payroll Taxes 0150 $0 Benefits 0200 $0 Subtotal…….. $0 SERVICES & SUPPLIES Insurance 0250 $0 PROCUREMENT AGREEMENT NUMBER: P-20-222 Attachment "B” United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX Communications 0300 $3,000 Office Expense 0350 $0 Equipment 0400 $0 Facilities 0450 $0 Travel Costs 0500 $0 Program Supplies 0550 $0 Consultancy/Subcontracts 0600 $23,434 Fiscal & Audits 0650 $0 Training 0660 $0 Indirect Costs 0700 $3,566 Subtotal…….. $ 30,000 TOTAL $30,000 BUDGET SUMMARY-DBH NAME OF ORGANIZATION: United Way Fresno and Madera Counties SERVICES: 2-1-1 Call Center and Referral Services CONTRACT PERIOD: July 1, 2020 - June 30, 2021 MAXIMUM COMPENSATION $12,500 CONTRACT TOTAL: $12,500 BUDGET CATEGORIES ACCOUNT NUMBER AMOUNT SALARIES & BENEFITS Personnel Salaries 0100 $0 Payroll Taxes 0150 $0 Benefits 0200 $0 Subtotal…….. $0 PROCUREMENT AGREEMENT NUMBER: P-20-222 Attachment "B” United Way Fresno and Madera Counties June 16, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-222 UNITED WAY OF FRESNO AND MADERA COUNTIES\CONTRACTS & AMENDMENTS\P-20-222 AGREEMENT UNITED WAY OF FRESNO AND MADERA COUNTIES .DOCX SERVICES & SUPPLIES Insurance 0250 $0 Communications 0300 $0 Office Expense 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…….. $12,500.00 TOTAL $12,500