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HomeMy WebLinkAboutP-20-455 Poverello House Agreement.pdfCONTRACT INFORMATION SHEET DATE: 12/1/2020 Contract No.: P-20-455 Vendor Number: 0000159214 Contract Title: Emergency Shelter Name/Address: Poverello House Supportive Services 412 F Street Fresno, CA 93706 Contract Period: 10/15/2020 – 12/30/2020 Contact: Sara Mirhadi, Chief Programs Officer Using Agencies: Department of Social 559-498-6988 Services Email: Mirhadi@PoverelloHouse.Org Terms: Net 45 Total Contract Amt.: $189,079.00 Buyer Name: Crystal Nino Requisition No: 5612100474 Org: 56107003 Supersedes: N/A X NEW RENEWAL AMENDMENT TICK DATE REFERENCE (RFQ# / RFP#) DESCRIPTION: Poverello House Village of Hope is providing emergency pallet shelter units for those currently experiencing homelessness. Funded by CARES Act. SPECIAL INSTRUCTIONS: DISTRIBUTION: Completed By: Date: Completed By: Date DEPARTMENT: DSS REQUISITIONER: dssasu@fresnocountyca.gov cn Leah Melidonian cn Brenda Estrada Diaz cn Rev 1/3/2017 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-20-455 November 30, 2020 Poverello House 412 F Street Fresno, CA 93706 The County of Fresno (County) hereby contracts with Poverello House (Contractor) to provide emergency shelter supportive services in accordance with the text of this agreement and Attachment “A”. TERM: This Agreement shall become effective October 15, 2020 and shall remain in effect through December 30, 2020. 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 One Hundred Eighty-Nine Thousand Seventy-Nine Dollars ($189,079.00). 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 e-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. PROCUREMENT AGREEMENT NUMBER: P-20-455 Page 2 Poverello House November 30, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-455 POVERELLO HOUSE\CONTRACTS & AMENDMENTS\P-20-455 POVERELLO HOUSE AGREEMENT .DOCX 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, 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. PROCUREMENT AGREEMENT NUMBER: P-20-455 Page 3 Poverello House November 30, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-455 POVERELLO HOUSE\CONTRACTS & AMENDMENTS\P-20-455 POVERELLO HOUSE AGREEMENT .DOCX 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, Brenda Estrada Diaz, bdiaz@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. 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, 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. PROCUREMENT AGREEMENT NUMBER: P-20-455 Page 4 Poverello House November 30, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-455 POVERELLO HOUSE\CONTRACTS & AMENDMENTS\P-20-455 POVERELLO HOUSE AGREEMENT .DOCX 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. Please refer any inquiries in this matter to Crystal Nino, Purchasing Technician, at 559-331-0917 or cnino@fresnocountyca.gov. FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:cn Gary Cornuelle Digitally signed by Gary Cornuelle Date: 2020.12.02 11:22:40 -08'00' PROCUREMENT AGREEMENT NUMBER: P-20-455 Page 5 Poverello House November 30, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-455 POVERELLO HOUSE\CONTRACTS & AMENDMENTS\P-20-455 POVERELLO HOUSE AGREEMENT .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.: 56107003 Account No.: 7870 Requisition No.: 5612100474 (01/2020) Poverello House ■ 412 F. Street Fresno CA 93706 (559) 498-6988 (559) 485-6548 zdarrah@poverellohouse.org Zachary D. Darrah, Chief Executive Officer Zachary Darrah Digitally signed by Zachary Darrah Date: 2020.12.01 15:08:57 -08'00' PROCUREMENT AGREEMENT NUMBER: P-20-455 Attachment Page 1 of 2 Poverello House November 30, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-455 POVERELLO HOUSE\CONTRACTS & AMENDMENTS\P-20-455 POVERELLO HOUSE AGREEMENT .DOCX ATTACHMENT "A" SUMMARY OF SERVICES ORGANIZATION: Poverello House ADDRESS: 412 F Street, Fresno CA 93706 TELEPHONE: (559) 498-6988 CONTACT: Sara Mirhadi, Chief Programs Officer EMAIL: mirhadi@poverellohouse.org CONTRACT: Emergency Shelter Supportive Services CONTRACT TERM: October 15, 2020 to December 30, 2020 (60 beds) DESCRIPTION OF SERVICES The Poverello House Village of Hope provides low-barrier emergency pallet shelter units for those currently experiencing homelessness. Each unit is equipped with air conditioning, heating, LED lighting, and electrical outlets for charging devices. Amenities such as security, meal delivery and laundry services are offered onsite. The shelter is intended to provide a safe environment for homeless individuals during the COVID-19 State of Emergency. Throughout the term of this agreement, Village of Hope will serve a minimum of 75 individuals including for those individuals that will exit to permanent housing and those that may leave the shelter for other reasons. CONTRACTOR RESPONSIBILITIES The following services will be provided at the Village of Hope. x 60 emergency shelter beds x Case management and navigation services for each client (to include support service needs during their stay in the shelter). x Security and monitoring services of the facility for 24 hours a day (including weekends) x Daily delivery of 3 meals for each client, which includes breakfast, lunch and dinner. x Client access to showers, bathrooms, and laundry services 24 hours a day (including weekends). x Ensure all expenses billed under this agreement be in direct correlation with the operating costs of Village of Hope Pallet Shelters. x Provide support documentation with each itemized invoice due each reporting period. OUTCOMES x Provide shelter for 75 individuals throughout the duration of this agreement. x Case management to assist 100% of clients with the development of a support service plan tailored to the client’s needs. x Case management to assist 100% of clients with the development and implementation of a housing plan during their stay. x Ensure that at least 20 households exit to permanent housing. PROCUREMENT AGREEMENT NUMBER: P-20-455 Attachment Page 2 of 2 Poverello House November 30, 2020 G:\PUBLIC\CONTRACTS & EXTRACTS\2020 CONTRACTS\P-20-455 POVERELLO HOUSE\CONTRACTS & AMENDMENTS\P-20-455 POVERELLO HOUSE AGREEMENT .DOCX BUDGET SUMMARY ORGANIZATION: Poverello House SERVICES: Emergency Shelter Supportive Services CONTRACT TERM: October 15, 2020 to December 30, 2020 CONTRACT TOTAL: $189,079 Budget Category AMOUNT Personnel Client Services Manager (.50 FTE) $ 4,600.00 Navigators (3 FTE @ $18/hr) $ 21,600.00 Shelter Monitors (6 FTE @ $16/hr) $ 38,400.00 Benefits /Taxes (25%) $ 18,069.00 Subtotal $ 82,669.00 Operating Costs Travel Mileage (1,300 x .575) $ 748.00 Support Services (bus tokens) $ 1,500.00 Office Supplies $ 600.00 Program Supplies $ 4,000.00 Communications $ 4,000.00 Utilities $ 8,953.00 Linens/Pillows/Blankets $ 1,500.00 Meals $ 54,000.00 Mattresses $ 13,920.00 Subtotal $ 89,221.00 Direct Costs Total $171,890.00 Indirect Costs Total (10%) $ 17,189.00 TOTAL $189,079.00