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Home My WebLink About20-375 RH Community Builders Agreement.pdf 333 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-20-375 October 23, 2020 RH Community Builders 331 W. Shields Ave. Fresno, CA 93705 The County of Fresno (County) hereby contracts with RH Community Builders (Contractor) to provide Shelter Services in accordance with the text of this agreement and Attachment “A” by this reference made a part hereof. TERM: This Agreement shall become effective September 25, 2020 and shall remain in effect through December 31, 2020. EXTENSION: This Agreement may be extended for three (3) additional one (1) month periods by the mutual written consent of all parties. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A” attached, at the rates set forth in Attachment “A”. 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 Ninety Two Thousand Five Hundred Dollars ($92,500.00). 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. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice shall be emailed to requesting County department in accordance with invoicing instructions included in each invoice 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. PROCUREMENT AGREEMENT NUMBER: P-20-375 Page 2 RH Community Builders October 23, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-375 SHELTER SERVICES\CONTRACTS & AMENDMENTS\EDIT 2 - 20-375 RH COMMUNITY BUILDERS.DOCX TERMINATION: The County reserves the right to immediately terminate this Agreement upon 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. 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, PROCUREMENT AGREEMENT NUMBER: P-20-375 Page 3 RH Community Builders October 23, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-375 SHELTER SERVICES\CONTRACTS & AMENDMENTS\EDIT 2 - 20-375 RH COMMUNITY BUILDERS.DOCX 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, 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 $2,000,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, PROCUREMENT AGREEMENT NUMBER: P-20-375 Page 4 RH Community Builders October 23, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-375 SHELTER SERVICES\CONTRACTS & AMENDMENTS\EDIT 2 - 20-375 RH COMMUNITY BUILDERS.DOCX 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. 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 Bryan Hernandez, Purchasing Analyst, at 559 600-7117 or bhernandez@fresnocountyca.gov FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:BH PROCUREMENT AGREEMENT NUMBER: P-20-375 Page 5 RH Community Builders October 23, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-375 SHELTER SERVICES\CONTRACTS & AMENDMENTS\EDIT 2 - 20-375 RH COMMUNITY BUILDERS.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.: 56107001 Account No.: 7870 Requisition No.: 5612100271 (01/2020) RH Community Builders, LP. 331 W Shields Ave Fresno CA 93705 559-492-1373 559-223-2998 katie@rhcbfresno.com Brad Hardie, President PROCUREMENT AGREEMENT NUMBER: P-20-375 Attachment Page 1 of 3 RH Community Builders October 23, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-375 SHELTER SERVICES\CONTRACTS & AMENDMENTS\EDIT 2 - 20-375 RH COMMUNITY BUILDERS.DOCX ATTACHMENT "A" SUMMARY OF SERVICES ORGANIZATION: RH Community Builders ADDRESS: 530 N. Weber Ave., Fresno, CA, Fresno, CA 93728 TELEPHONE: (585) 314-3914 CONTACT: Kathryn Wilbur EMAIL: katie@rhcbfresno.com CONTRACT: Staff, Services, and Supplies for CoC clients at The Flats motel CONTRACT TERM: September 25, 2020 to December 31, 2020 January 1, 2021 to January 31, 2021 (optional) February 1, 2021 to February 28, 2021 (optional) March 1, 2021 to March 31, 2021 (optional) DESCRIPTION OF SERVICES RH Community Builders (RHCB) will provide staffing and supplies to approximately 20 households experiencing homelessness and placed for shelter in RH Community Builder’s motel facility, the Flats. Compensation for motel nights will be provided separately through the County’s agreement A-20-182. RHCB shall provide 1.25 FTE staff on-site at The Flats to monitor clients, inspect and clean rooms, and provide Homeless Management Information System (HMIS) data entry support. RHCB shall provide supplies needed for households’ motels stays, replacement for lost or damaged motel room items, as well as repairs for any damages caused by the CoC households while they are utilizing the facility. Normal wear and tear and operational costs will not be included as eligible expenses for this agreement. CONTRACTOR RESPONSIBILITIES x Ensure that staff is on-site 24/7 and maintain a safe and secure environment in the facility. x Inspect each of the designated rooms on a daily basis to ensure cleanliness and habitability, as well as to inspect for damage. x Ensure the completion of any necessary repairs for client-caused damages while the households are lodging at the shelter facility. x Ensure that all needed supplies are replacement items required for the regular operation of the motel facility are provided as needed to guests. x Ensure that HMIS data entry is completed for all households in compliance with the U.S. Department of Housing and Urban Development standards. PROCUREMENT AGREEMENT NUMBER: P-20-375 Attachment Page 2 of 3 RH Community Builders October 23, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-375 SHELTER SERVICES\CONTRACTS & AMENDMENTS\EDIT 2 - 20-375 RH COMMUNITY BUILDERS.DOCX BUDGET SUMMARY ORGANIZATION: RH Community Builders SERVICES: Staff, Services, and Supplies for CoC clients at The Flats CONTRACT TERM AND TOTALS: September 25, 2020 to December 31, 2020 ........... $46,300 January 1, 2021 to January 31, 2021 (optional) ...... $15,400 February 1, 2021 to February 28, 2021 (optional) ... $15,400 March 1, 2021 to March 31, 2021 (optional) ........... $15,400 CONTRACT TOTAL: $92,500 Initial September 25, 2020 to December 31, 2020 Term Budget Budget Category Amount Personnel Salaries Payroll Taxes Benefits Worker’s Compensation Subtotal Not to exceed $15,300 $5,100/month Supplies Supplies Replacement Items Subtotal Not to exceed $9,000 $3,000/month Repairs One-time Repair Fund Subtotal $22,000 Total $46,300 PROCUREMENT AGREEMENT NUMBER: P-20-375 Attachment Page 3 of 3 RH Community Builders October 23, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\20-375 SHELTER SERVICES\CONTRACTS & AMENDMENTS\EDIT 2 - 20-375 RH COMMUNITY BUILDERS.DOCX 2021 Monthly Extension Term Budget Budget Category Amount Personnel Salaries Payroll Taxes Benefits Worker’s Compensation Subtotal $5,100 Supplies Supplies Replacement Items Subtotal $3,000 Repairs One-time Repair Fund Subtotal $7,300 Total $15,400