HomeMy WebLinkAboutFocus Forward - Consultant Agreement - 4-17-2023Ljuuuoiyii mivwuptj IU. oouumuUr-F14/N-,+m4o-000lJ-r i%,o iouuu:j4u
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into. effective on April 17, 2023_, by
and between the CITY OF FRESNO, a California municipal corporation (the City),
and Focus Forward, a non-profit organization (the Consultant).
RECITALS
WHEREAS, the City desires to obtain professional wraparound services for the
One Fresno Youth Jobs Corps Program (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as
a support provider to youth and families engaged in the juvenile justice and child
welfare systems, and hereby represents that it desires to and is professionally
and legally capable of performing the services called for by this Agreement; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No.
6-19; and
WHEREAS, this Agreement will be administered for the City by its
Personnel Services Director (Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows-
1. Scope of Services_. The Consultant shall perform to the satisfaction of the City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through six months from effective date above, subject to any earlier
termination in accordance with this Agreement. The services of the Consultant as
described in Exhibit A are to commence upon the Effective Date and shall be
completed in a sequence assuring expeditious completion, but in any event, all
such services shall be completed prior to expiration of this Agreement and in
accordance with any performance schedule set forth in Exhibit A.
3. Compensation.
(a) The Consultant's compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total
fee not to exceed Forty Nine Thousand, Nine Hundred Ninety Eight
Dollars [$49,998], paid on the basis of the rates set forth in the schedule of
fees and expenses contained in Exhibit A.
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(b) Detailed statements shall be rendered monthly for services performed in
the preceding month and will be payable in the normal course of the City
business. The City shall not be obligated to reimburse any expense for
which it has not received a detailed invoice with applicable copies of
representative and identifiable receipts or records substantiating such
expense.
(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to the
Consultant's compensation. Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized
representative for each party. The Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the
Consultant upon the earlier of: (i) the Consultant's filing for protection
under the federal bankruptcy laws, or any bankruptcy petition or petition
for receiver commenced by a third party against the Consultant; (ii) seven
calendar days prior written notice with or without cause by the City to the
Consultant; (iii) the City's non -appropriation of funds sufficient to meet its
obligations hereunder during any City fiscal year of this Agreement, or
insufficient funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement, the
Consultant shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to the
City any and all unearned payments and all properties and materials in the
possession of the Consultant that are owned by the City. Subject to the
terms of this Agreement, the Consultant shall be paid compensation for
services satisfactorily performed prior to the effective date of termination.
The Consultant shall not be paid for any work or services performed or
costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily
perform in accordance with the terms of this Agreement, the City may
withhold an amount that would otherwise be payable as an offset to, but
not in excess of, the City's damages caused by such failure. In no event
shall any payment by the City pursuant to this Agreement constitute a
waiver by the City of any breach of this Agreement which may then exist
on the part of the Consultant, nor shall such payment impair or prejudice
any remedy available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or
any other applicable law; (ii) proceed by appropriate court action to
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enforce the terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
(e) The Consultant shall provide the City with adequate written assurances of
future performance, upon Administrator's request, in the event the
Consultant fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of the Consultant
and without its fault or negligence such as, acts of God or the public
enemy, acts of the City in its contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, unusually severe weather, and delays of
common carriers. The Consultant shall notify Administrator in writing as
soon as it is reasonably possible after the commencement of any
excusable delay, setting forth the full particulars in connection therewith,
and shall remedy such occurrence with all reasonable dispatch, and shall
promptly give written notice to Administrator of the cessation of such
occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the Administrator. During the term of this Agreement, and
thereafter, the Consultant shall not, without the prior written consent of the
City, disclose to anyone any Confidential Information. The term
Confidential Information for the purposes of this Agreement shall include
all proprietary and confidential information of the City, including but not
limited to business plans, marketing plans, financial information, materials,
compilations, documents, instruments, models, source or object codes
and other information disclosed or submitted, orally, in writing, or by any
other medium or media. All Confidential Information shall be and remain
confidential and proprietary in the City.
(b) Any and all writings and documents prepared or provided by the
Consultant pursuant to this Agreement are the property of the City at the
time of preparation and shall be turned over to the City upon expiration or
termination of the Agreement. The Consultant shall not permit the
reproduction or use thereof by any other person except as otherwise
expressly provided herein.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
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6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to
perform the services agreed to be done by it under this Agreement, the City
relies upon the skill of the Consultant and any subcontractors to do and perform
such services in a skillful manner and the Consultant agrees to thus perform the
services and require the same of any subcontractors. Therefore, any acceptance
of such services by the City shall not operate as a release of the Consultant or
any subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and
property damage), and from any and all claims, demands and actions in law or
equity (including reasonable attorney's fees and litigation expenses) that arise
out of, pertain to, or relate to the negligence, recklessness or willful misconduct
of the Consultant, its principals, officers, employees, agents, or volunteers in the
performance of this Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B,
which is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in
the Best's Insurance Rating Guide, or (ii) as may be authorized in writing
by the City's Risk Manager or designee at any time and in his/her sole
discretion. The required policies of insurance as stated in Exhibit B shall
maintain limits of liability of not less than those amounts stated therein.
However, the insurance limits available to the City, its officers, officials,
employees, agents, and volunteers as additional insureds, shall be the
greater of the minimum limits specified therein or the full limit of any
insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractorslsub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or
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that become due to the Consultant shall be withheld until notice is
received by the City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a
period satisfactory to the City. Any failure to maintain the required
insurance shall be sufficient cause for the City to terminate this
Agreement. No action taken by the City pursuant to this section shall in
any way relieve the Consultant of its responsibilities under this Agreement.
The phrase "fail to maintain any required insurance" shall include, without
limitation, notification received by the City that an insurer has commenced
proceedings, or has had proceedings commenced against it, indicating
that the insurer is insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be deemed
to release or diminish the liability of the Consultant, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify the City shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by
the Consultant. Approval or purchase of any insurance contracts or
policies shall in no way relieve from liability nor limit the liability of the
Consultant, its principals, officers, agents, employees, persons under the
supervision of the Consultant, vendors, suppliers, invitees, consultants,
sub -consultants, subcontractors, or anyone employed directly or indirectly
by any of them.
(d) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section,
except that any required certificates and applicable endorsements shall be
on file with the Consultant and the City prior to the commencement of any
services by the subcontractor. The Consultant and any subcontractor/sub-
consultant shall establish additional insured status for the City, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript company endorsement
providing additional insured status as broad as that contained in ISO Form
CG 20 10 11 85.
9. Conflict of Interest and Non -Solicitation.
(a) Prior to the City's execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
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(b) The Consultant shall comply, and require its subcontractors to comply,
with all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning
disclosure and disqualification (2 California Code of Regulations Section
18700 et. seq.). At any time, upon written request of the City, the
Consultant shall provide a written opinion of its legal counsel and that of
any subcontractor that, after a due diligent inquiry, the Consultant and the
respective subcontractor(s) are in full compliance with all laws and
regulations. The Consultant shall take, and require its subcontractors to
take, reasonable steps to avoid any appearance of a conflict of interest.
Upon discovery of any facts giving rise to the appearance of a conflict of
interest, the Consultant shall immediately notify the City of these facts in
writing.
(c) In performing the work or services to be provided hereunder, the
Consultant shall not employ or retain the services of any person while
such person either is employed by the City or is a member of any City
council, commission, board, committee, or similar City body. This
requirement may be waived in writing by the City Manager, if no actual or
potential conflict is involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to
solicit, or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant's subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project unless fully disclosed to and
approved by the City Manager, in advance and in writing. The Consultant
and any of its subcontractors shall have no interest, direct or indirect, in
any other contract with a third party in connection with this Project unless
such interest is in accordance with all applicable law and fully disclosed to
and approved by the City Manager, in advance and in writing.
Notwithstanding any approval given by the City Manager under this
provision, the Consultant shall remain responsible for complying with
Section 9(b), above.
(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the
Consultant shall include the provisions of this Section 9 in each
subcontract and require its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
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1 & Recycling Program_
facility(ies), or is
incorporated limits
expense shall:
11
In the event the Consultant maintains an office or operates a
required herein to maintain or operate same, within the
of the City of Fresno, the Consultant at its sole cost and
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City's Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact the City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City's Solid
Waste Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Administrator or
designee.
(b) Records of the Consultant's expenses pertaining to the Project shall be
kept on a generally recognized accounting basis and shall be available to
the City or its authorized representatives upon request during regular
business hours throughout the life of this Agreement and for a period of
three years after final payment or, if longer, for any period required by law.
In addition, all books, documents, papers, and records of the Consultant
pertaining to the Project shall be available for the purpose of making
audits, examinations, excerpts, and transcriptions for the same period of
time. If any litigation, claim, negotiations, audit or other action is
commenced before the expiration of said time period, all records shall be
retained and made available to the City until such action is resolved, or
until the end of said time period whichever shall later occur. If the
Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this paragraph. This
Section 11(b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform
the services called for by this Agreement (or that no license is required). If
the Consultant should subcontract all or any portion of the work or
services to be performed under this Agreement, the Consultant shall
require each subcontractor to provide evidence to the City that
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subcontractor is licensed to perform the services called for by this
Agreement (or that no license is required) before beginning work.
12 Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, sexual orientation, ethnicity,
status as a disabled veteran or veteran of the Vietnam era. Subject to the
foregoing and during the performance of this Agreement, the Consultant agrees
as follows:
(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed,
color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity,
status as a disabled veteran or veteran of the Vietnam era be excluded
from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting
from this Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex,
age, sexual orientation, ethnicity, status as a disabled veteran or veteran
of the Vietnam era. Such requirement shall apply to the Consultant's
employment practices including, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
(c) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
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understanding, a notice advising such labor union or workers'
representatives of the Consultant's commitment under this section and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant is
acting solely as an independent contractor. Neither the Consultant, nor
any of its officers, agents, or employees shall be deemed an officer, agent,
employee, joint venturer, partner, or associate of the City for any purpose.
The City shall have no right to control or supervise or direct the manner or
method by which the Consultant shall perform its work and functions.
However, the City shall retain the right to administer this Agreement so as
to verify that the Consultant is performing its obligations in accordance
with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
the Consultant and the City. The Consultant shall have no authority to bind
the City absent the City's express written consent. Except to the extent
otherwise provided in this Agreement, the Consultant shall bear its own
costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant and its
officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to City employees. The
Consultant shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all
employee benefits including, without limitation, health, welfare and
retirement benefits. In addition, together with its other obligations under
this Agreement, the Consultant shall be solely responsible, indemnify,
defend and save the City harmless from all matters relating to employment
and tax withholding for and payment of the Consultant's employees,
including, without limitation, (i) compliance with Social Security and
unemployment insurance withholding, payment of workers' compensation
benefits, and all other laws and regulations governing matters of
employee withholding, taxes and payment; and (ii) any claim of right or
interest in the City employment benefits, entitlements, programs and/or
funds offered employees of the City whether arising by reason of any
common law, de facto, leased, or co -employee rights or other theory. It is
acknowledged that during the term of this Agreement, the Consultant may
be providing services to others unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given
if delivered personally, transmitted by facsimile followed by telephone
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confirmation of receipt, or sent by United States registered or certified mail, with
postage prepaid, return receipt requested, addressed to the party to which notice
is to be given at the party's address set forth on the signature page of this
Agreement or at such other address as the parties may from time to time
designate by written notice. Notices served by United States mail in the manner
above described shall be deemed sufficiently served or given at the time of the
mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all
parties, it shall be binding upon, and shall inure to the benefit of, all parties, and
each parties' respective heirs, successors, assigns, transferees, agents,
servants, employees, and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee. Any attempted assignment by the Consultant, its successors or
assigns, shall be null and void unless approved in writing by the City
Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies
due the Consultant from the City under the terms of this Agreement to any
other individual(s), corporation(s) or entity(ies). The City retains the right to
pay any and all monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of either the same or a different provision of this Agreement.
No provisions of this Agreement may be waived unless in writing and signed by
all parties to this Agreement. Waiver of any one provision herein shall not be
deemed to be a waiver of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another
jurisdiction. Venue for purposes of the filing of any action regarding the
enforcement or interpretation of this Agreement and any rights and duties
hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
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21. Severabilitt . The provisions
unenforceability of any one
provisions.
of this Agreement are severable. The invalidity or
provision in this Agreement shall not affect the other
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but
rather by construing the terms in accordance with their generally accepted
meaning.
23. Attorney's Fees, If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the exhibit or attachment. Furthermore, any terms or
conditions contained within any exhibit or attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
29. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate
any authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal core ration
By. - —
George n e A.Whtte
City Ma er
No signature of City Attorney required.
Standard Document ALL-S GCS Agt
Not to Exceed (04-2022) has been
used without modification, as certified by
the undersigned.
zzz� -
Diane Printz-White
Senior Management Analyst
ATTEST:
TODD STERMER, CIVIC
City Clerk DocuSigned by:
fi� G�DU,V'
By:
Date 4/17/2023
Deputy
Addresses:
CITY:
City of Fresno
Attention: Susan Chudy,
Senior HR/Risk Analyst
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-6980
E-mail: Susan.Chudy@fresno.gov
Attachments:
FOCUS FORWARD,
a non-profit organizatio
By: L r�
Name: Lna Litchenberg
Title: Chief Executive Officer
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By: —
Name: _
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License-
Number: _
Name:
Date of Issuance:
CONSULTANT:
Focus Forward
Attention: Joanna Litchenberg, MSW
Chief Executive Officer,
3333 E. American Avenue
Suite B
Fresno CA 93725
Phone: (559) 600-4961
E-mail: joannaz@focusforward.org
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
ALL-S GCS Agt Not to Exceed (04-2022) -1 2-
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (the City)
and Focus Forward (the Consultant)
Wraparound Services for the One Fresno Youth Jobs Corps Program
See following pages
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Exhibit A
FOCUS
FORWARD
Creatiny Pathways ro Success
for Yo<<th 11) CacrnfY SYSteMS
January 1, 2023
Susan Chudy
Senior Human Resources/Risk Analyst
Personnel Services Department
2600 Fresno Street, Fresno Ca. 93721
Re: Proposal to Provide Service City for Fresno Office YJCP Grant
Dear Ms. Chudy,
On behalf of Focus Forward, I am pleased to submit this Proposal to provide services for the
YJCP Grant. Focus Forward is a 501(c)3 community benefit corporation, founded in 2006, with
the launch of the Juvenile Justice Campus in Fresno County. Since inception, Focus Forward
has operated in partnership with Fresno County departments to create a holistic approach to
reducing recidivism and ending cycles of violence, poverty and incarceration. Specialized
programming of Focus Forward includes parenting education, mentoring, re-entry services,
higher education support and family services. Thank you for your consideration
Application Information:
1. Scope of work which lists tasks to be accomplished
Focus Forward's targeted population would be Females who are between the ages of 16- 25
years, who have had been impacted by the justice system, Foster care system, or any other
individuals that would fit the eligibility criteria.
The proposed project will be focused on providing Case Management Services for 15 female
participants which will be refereed to Focus Forward by the City of Fresno. The Referring
agency (City of Fresno) will screen and assess individuals to determine if Focus Forward
services are needed.
Each one of these individuals would receive intensive services which would include. The Focus
Forward Staff will provide supportive services to the Individuals of youth in the program
including weekly contact, guidance, support and/or crisis management .Focus Forward will
conduct assessments with the Individuals to identify their need in the areas of education,
medical/behavioral health, safety, social support, family services, housing/placement, workforce,
Focus Forward
3333 E. American Ave, Suite B
Fresno, CA 93725
www.focusforward.org 1559-600-4961 1 �Z, 'Ki] z focusforward559
UUI:UJIyiI CIIVCIUPR! IU. ODUUMUUr-MG/,+-4MLo-oaol.-r Il.a iuvuu:JGU
and life skills; and will collaboratively manage the Individuals case plans. They will encourage
them to engage in positive community activities by providing information on free community
events and when possible, purchase items or tickets for Individual activities.
The Focus Forward staff has the understanding that the overall goal is to support the enrolled
participants in completing their paid training by supporting the participants with wrap around
case management services.
The enrolled participants will have the opportunity to participate in the Pipeline to Opportunity
(P20) program. In partnership with the California Wellness Foundation, Fresno County
Probation, Fresno County Superintendent of Schools and Fresno City College, the Pipeline to
Opportunity Program connects youth interested in pursuing higher education, specifically to
Fresno City College with resources to support their educational goals. Youth are supported with
enrollment, connection to FCC programs, including mentors who are also formerly incarcerated
students, and supplies such as laptops and textbooks.
4. Budget
This proposal would be from January 1, 2023 through June 30 , 2023 or six months from
the start of the contract.
The total amount of funds would be $ 49,990
5. A plan to evaluate the reach and impact of your project
Focus Forward utilizes a customer -relationship management (CRM) database system
to manage case files electronically and track all service activities. Currently, demographics
collected include date of birth, gender, race/ethnicity, primary language spoken, highest level of
education, and systems involvement (child welfare and/or juvenile justice). Services tracked
include date of service, type of service (case management, group activity, mentoring, parenting
activity and indirect work on behalf of the client), length of service and whether the service
supports a case plan goal. Case plan goals are also tracked in six key areas: Academic
Education, Life Skills, Workforce, Safety, Relationships and Medical/Behavioral Health. Reports
on goal attainment in these areas can be provided as well as reports on number of services and
demographic information.
We have included funding in the proposed budget to pay for a portion of the CRM database as
new users will need to be added and new data forms will need to be created to monitor this
program. We understand the importance of demonstrating progress and intend to communicate
with the City of Fresno, if awarded, to ensure alignment with the measurable targets identified
for the Violence Intervention and Prevention Initiative and to make adjustments as needed.
6. Key personnel and their experience
Focus Forward has over 16 years of experience directly providing services and support to
incarcerated youth at the Fresno County Juvenile Justice Campus (JJC). In that time, Focus
Forward has also developed collaborative relationships with several community partner
agencies to serve the population in a holistic way, including the Boys & Girls Club, Fresno City
College, CA Justice Leaders, Blended Families, First 5 Fresno County, Equus Workforce
Focus Forward
3333 E. American Ave, Suite B
Fresno, CA 93725
www.focusforward.om 1559-600-4961 1 i`?�rq- ;,'. focusforward559
UUUUJIIJ.II CIIVU1UY" IL/. OODUH.7Ur-HL/4-4MG0-OJOl,-r II,J 1:1.7uuo/_ /
Solutions (formerly ResCare Workforce Solutions). All of these partnerships are critical to
bridging Probation -involved youth and families to in -custody and out of custody programs.
Marc Salazar is new to Focus Forward but brings 15 years of experience in providing Reentry
and Gang Intervention Services in the City of Fresno and San Jose. Marc has served on the
many Steering Committees to include the Fresno County Gang Task Force. Not only serving in
these communities he also was instrumental in developing and implementing many of the DJJ
Reentry programs. In 2010 Marc was also a part of the CaIGRIP funding that was awarded to
the city of Fresno and also worked closely with the State of California Gang Zar Paul Seeve to
see the implementation through.
Cassandra is the Re -Entry Coordinator. Cassandra has been with Focus Forward since April of
2016 when she started as the Planned Re -Entry Program (PREP), Social Worker. Cassandra
has her Bachelor's degree in Criminal Justice. She is also expected to have a Master's in
Education by July of 2022. Her experience with probation staff, probation youth, data evaluation,
evidence -based programing, and case management made her the top candidate as our
Re -Entry Services Coordinator. Cassandra has provided case management to over 200 youth
sometimes from the time they were booked into the JJC until they successfully sealed their
records post release. Since becoming the Coordinator in early 2020, she has spearheaded the
effort to expand PREP services to all Commitment youth, during a pandemic no less.
Cassandra brings front line and management experience to the position and her skills in
program development, data evaluation and program coordination are pivotal to the continued
success of the program.
Focus Forward will continue to partner with CA Justice Leaders AmeriCorps program, whose
members are credible messengers having had personal, lived experience with the criminal
justice system. These individuals give insight and guidance to the Focus Forward team while
developing and enhancing their own professional skills. They are vetted through CA Justice
Leaders and screened by Focus Forward staff for potential placement at our site. We value the
experiential knowledge these AmeriCorps members provide to our staff and respect their
contributions to help improve Focus Forward programming and build trust with hard -to -reach
clients. Additional information and qualifications of the current CJL AmeriCorps members placed
at Focus Forward, Crystal Navarro and Sergio Lopez.
We appreciate your consideration of our proposal. Please do not hesitate to contact me if you
have any questions.
Kind regards,
Joanna Litchenberg, MSW
Chief Executive Officer
Focus Forward
3333 E. American Ave, Suite B
Fresno, CA 93725
www.focusforward.or 1559-600-49611 I r. focusforward559
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (the City)
and Focus Forward (the Consultant)
ra around Services for the One Fresno Youth Jobs Corps Program
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage
for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations (including the use of owned
and non -owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemnity obligations
under the Agreement) with limits of liability not less than those set forth
under "Minimum Limits of Insurance."
2. The most current version of ISO "Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance
or use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall
provide coverage for all owned, hired, and non -owned automobiles or
other licensed vehicles (Code 1- Any Auto). If personal automobile
coverage is used, the City, its officers, officials, employees, agents, and
volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant's profession. Architect's and engineer's coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
the Consultant, or any party the Consultant subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to the
City, its officers, officials, employees, agents, and volunteers as additional insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
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(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER's LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form"
and afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the City, its officers, officials, employees, agents,
and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
The Consultant shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and the Consultant shall also be responsible for
payment of any self -insured retentions. Any deductibles or self -insured retentions must
be declared to on the Certificate of Insurance, and approved by, the City's Risk
Manager or designee. At the option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects the City, its officers, officials,
employees, agents, and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to
the City's Risk Manager or designee, guaranteeing payment of
losses and related investigations, claim administration and defense
expenses. At no time shall the City be responsible for the payment
of any deductibles or self -insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile LiabilitV insurance policies are to contain, or be
endorsed to contain, the following provisions:
The City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. The Consultant shall establish additional
insured status for the City and for all ongoing and completed operations by
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use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, officials, employees, agents,
and volunteers. Any available insurance proceeds in excess of the
specified minimum limits and coverage shall be available to the Additional
Insured.
3. For any claims relating to this Agreement, the Consultant's insurance
coverage shall be primary insurance with respect to the City, its officers,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents,
and volunteers shall be excess of the Consultant's insurance and shall not
contribute with it. The Consultant shall establish primary and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
2001 0413.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain,
the following provision: the Consultant and its insurer shall waive any right of
subrogation against the City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability Errors and Omissions insurance polic is written on a
claims -made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by the Consultant.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement work or
termination of the Agreement, whichever occurs first, or, in the alternative,
the policy shall be endorsed to provide not less than a five-year discovery
period.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date
of the Agreement or the commencement of work by the Consultant, the
Consultant must purchase "extended reporting" coverage for a minimum
of five years completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to the City
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
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All golrcies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non -renewed, reduced in coverage or in limits except after thirty
calendar days written notice by certified mail, return receipt requested, has been given
to the City. The Consultant is also responsible for providing written notice to the City
under the same terms and conditions. Upon issuance by the insurer, broker, or agent of
a notice of cancellation, non -renewal, or reduction in coverage or in limits, the
Consultant shall furnish the City with a new certificate and applicable endorsements for
such policy(ies). In the event any policy is due to expire during the work to be performed
for the City, the Consultant shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than fifteen calendar days
prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated
limits.
The fact that insurance is obtained by the Consultant shall not be deemed to release or
diminish the liability of the Consultant, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant. Approval or purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of the Consultant, its principals, officers, agents, employees, persons under the
supervision of the Consultant, vendors, suppliers, invitees, consultants, sub -consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be
performed under this Agreement, the Consultant shall require, at the discretion of the
City Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insurance documents for the
subcontractor must be reviewed and preapproved by the City Risk Manager or
designee. If no Side Agreement is required, the Consultant will be solely responsible for
ensuring that its subcontractors maintain insurance coverage at levels no less than
those required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the City's Risk Manager or
designee prior to the City's execution of the Agreement and before work commences.
All non -ISO endorsements amending policy coverage shall be executed by a licensed
and authorized agent or broker. Upon request of the City, the Consultant shall
immediately furnish City with a complete copy of any insurance policy required under
this Agreement, including all endorsements, with said copy certified by the underwriter
to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
[Wraparound Services for the One Fresno Youth Jabs Corps Program
YES*
NO
you currently in litigation with the City of Fresno or any of
I
C'
LAre
its agents?
,
2
Do you represent any firm, organization, or person who is in
-�
V
litigation with the City of Fresno?
3
Do you currently represent or perform work for any clients
❑
who do business with the City of Fresno?
4
Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with
❑
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5
Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
[]
who has any significant role in the subject matter of this
service?
6
Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in
❑
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation.
rJ Additional page(s) attached.
Signat re
03/29/2023
Date
Joanna Litchenberg
(Name)
Focus Forward
(Company)
3333 E. American Ave. Suite B
(Address)
Fresno, CA 93725
(City, State Zip)