HomeMy WebLinkAbout32547County Agreement with Focus Forward, 2016
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no bargaining for the release of hostages in exchange for the release of incarcerated youth.
I. Additionally, without limiting the generality of the foregoing provisions of
this Agreement, CONTRACTOR shall operate PREP and fulfill all responsibilities of
CONTRACTOR as identified in COUNTY’S RFP (attached hereto as Exhibit B) and
CONTRACTOR’S Response to COUNTY’s RFP, dated February 2, 2016 (“CONTRACTOR’s
Response”) attached hereto as Exhibit C, all of which are incorporated herein by this reference
and made part of this Agreement. A copy of COUNTY’s RFP and CONTRACTOR’s Response
shall be retained and made available during the term of this Agreement by the Probation
Department.
2. OBLIGATIONS OF THE COUNTY
A. COUNTY’s Probation Department shall conduct background checks on all
personnel which CONTRACTOR will assign to work in PREP. The background check will be
conducted at the Probation Department’s expense. The Probation Department shall
immediately notify CONTRACTOR if an employee of CONTRACTOR is found to be
unacceptable for admission into the JJC.
B. COUNTY shall compensate CONTRACTOR in accordance with Section
5, “COMPENSATION/INVOICING,” of this Agreement.
3. TERM
The term of this Agreement shall be for a period of three (3) years, beginning
June 1, 2016 and ending May 31, 2019. This Agreement may be extended for two (2) additional
consecutive twelve (12) month periods upon written approval of both parties no later than thirty
(30) days prior to the first day of the next twelve (12) month extension period. The Chief Probation
Officer or his/her designee is authorized to execute such written approval on behalf of COUNTY
based on CONTRACTOR’S satisfactory performance.
4. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to
be provided hereunder, are contingent on the approval of funds by the appropriating government
agency. Should sufficient funds not be allocated, the services provided may be modified, or this
County Agreement with Focus Forward, 2016
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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
Administration Division Director, Greg Reinke, 3333 E. American Ave, Suite B, Fresno, CA 93725,
stating that such insurance coverages 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 issued by admitted insurers licensed to do business in the
State of California, and such insurance shall be purchased from companies possessing a current
A.M. Best, Inc. rating of A FSC VII or better.
11. AUDITS AND INSPECTIONS
The CONTRACTOR shall at any time during business hours, and as often as
the COUNTY may deem necessary, make available to the COUNTY for examination all of its
records and data with respect to the matters covered by this Agreement. The CONTRACTOR
shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records
and data necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR
shall be subject to the examination and audit of the Auditor General for a period of three (3) years
County Agreement with Focus Forward, 2016
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after final payment under contract (Government Code Section 8546.7).
As a subrecipient of Federal financial assistance, CONTRACTOR(S), agree to
provide copies of their audit reports, performed in accordance with the requirements of the Single
Audit Act of 1984 (31 USC section 7502) and subject to the terms of Office of Management and
Budget (OMB) Circulars (A-110, A-122 and A-133), to the County of Fresno. Such audits shall be
delivered to COUNTY’S Probation, for review not later than nine (9) months after the close of the
subrecipients’ fiscal year in which the funds supplied through this Agreement are expended and/or
received for this program. The audits must include a statement of findings or a statement that
there were no findings. If there were negative findings, CONTRACTOR(S) must include a
corrective action plan signed by an authorized individual. Failure to comply with this Act may
result in COUNTY performing the necessary audit tasks, or, at COUNTY’S option, contracting with
a qualified accountant to perform this audit. All audit costs related to this Agreement are the sole
responsibility of CONTRACTOR(S) who agree to take corrective actions to eliminate any material
noncompliance or weakness found as a result of such audits. Audit work performed by COUNTY
under this paragraph shall be billed at COUNTY cost as determined by COUNTY’S Auditor-
Controller/Treasurer-Tax Collector.
12. NOTICES:
The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY CONTRACTOR
Chief Probation Officer Fresno Co. Probation Department Chief Executive Officer Focus Forward 3333 E. American Ave, Suite B 3333 E. American Ave, Suite B Fresno, CA 93725 Fresno, CA 93725
Any and all notices between the COUNTY and the CONTRACTOR provided
for or permitted under this Agreement or by law shall be in writing and shall be deemed duly
served when personally delivered to one of the parties, or in lieu of such personal services, when
deposited in the United States Mail, postage prepaid, addressed to such party.
13. GOVERNING LAW
County Agreement with Focus Forward, 2016
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Venue for any action arising out of or related to this Agreement shall only be in
Fresno County, California. The rights and obligations of the parties and all interpretation and
performance of this Agreement shall be governed in all respects by the laws of the State of
California.
14. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a
corporation (a for-profit or non-profit corporation) or if during the term of the agreement, the
CONTRACTOR changes its status to operate as a corporation.
Members of the CONTRACTOR’s Board of Directors shall disclose any self -
dealing transactions that they are a party to while CONTRACTOR is providing goods or
performing services under this agreement. A self-dealing transaction shall mean a transaction
to which the CONTRACTOR is a party and in which one or more of its directors has a material
financial interest. Members of the Board of Directors shall disclose any self-dealing
transactions that they are a party to by completing and signing a Self-Dealing Transaction
Disclosure Form, attached hereto as Exhibit E and incorporated herein by reference, and
submitting it to the COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
15. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the CONTRACTOR
and COUNTY with respect to the subject matter hereof and supersedes all previous Agreement
negotiations, proposals, commitments, writings, advertisements, publications, and understanding
of any nature whatsoever unless expressly included in this Agreement.
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 including Exhibits A, D and E (but
excluding Exhibits B and C); (2) COUNTY’s RFP; and (3) CONTRACTOR'S Response.
County Agreement with Focus Forward, 2016
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
2 of the day and year first hereinabove written.
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CONTRACTOR
Focus Forward
(I ~AA_ Lam_AOA---~oreencamPQS ~
Chief Executive Officer
Date: '--/ 151 If e
I I
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
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COUNTY OF FRESNO
£__y. 4. bk~=
Ernest Buddy Mendes
Chairman, Board of Supervisors
Date: rY\o.y 10 1 :1.0 l lu
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
Deputy