OF I

SANTA CRUZ COUNTY
BOARD OF SUPERVISORS INDEX SHEET
Creation Date:
6118/08
Source Code:
HSDXX
Agenda Date:
6/24/08
I NVENUM :
61185
Resolution(s):
Ordinance(s):
Contract(s):
[ I ] 80778-01
[2] 83693
[3] 81192-01
[4] 81768-01
[5] 83485-01
[6] 83486-01
[7] 83267-01
[8] 83618-01
[9] R851
Continue Date(s):
Index: --Letter of Human Services Department, dated May 28, 2008
--ADM-29 Request for Approval of Agreement, Contract No. 80778
--Independent Contractor Agreement for 80778-01 with Parent's Center Inc.
--ADM-29 Request for Approval of Agreement, Contract No. 83693
--Independent Contractor Agreement for 83693 - Cabrillo College
--ADM-29 Request for Approval of Agreement, Contract No. 81 192
--Independent Contractor Agreement for Contract No. 71 192-01 (SC Co. Youth Resource Bank)
--ADM-29 Request for Approval of Agreement, Contract No. 81768
--Independent Contractor Agreement for Contract No. 81768-01 (United Way)
--ADM-29 Request for Approval of Agreement, Contract No. 83485
--Independent Contractor Agreement for Contract No. 83485-01(SC Community Counseling
Center)
--ADM-29 Request for Approval of Agreement, Contract No. 83486-01
--Independent Contractor Agreement for Contract No. 83486-01 (SC Comm. Counseling Center)
--ADM-29 Request for Approval of Agreement, Contract No. 83267-01
--Reporting Service Subscription Agreement for Internet Access to SafeMeasures
--ADM-29 Request for Approval of Agreement Contract No. 83618-01
--Independent Contractor Agreement for Contract No. 83618 (National Council on Crime and
Delinquency)
--ADM-29 Request for Approval of Agreement Contract No. R851
--Service Agreement for Contract #08-09-001
Item: 42.
APPROVED various agreements for child abuse prevention services and approved
related actions, as recommended by the Director of Human Services
0481
County of Santa Cruz
HUMAN SERVICES DEPARTMENT
Cecilia Espinola, Director
1000 Emeline Avenue, Santa Cruz, CA 95060
(831) 454-4130 FAX: (831) 454-4642
May 28,2008
BOARD OF SUPERVISORS
County of Santa Cruz
701 Ocean Street
Santa Cruz, CA 95060
I
APPROVE CONTRACTS FOR CHILD ABUSE PREVENTION AND INTERVENTION
PROGRAMS AND CHILD WELFARE DATA COLLECTION AND REPORTING
Dear Members of the Board:
As you will recall, on March 11, 2008 your Board authorized the Human Services
Department Director to issue a Request for Proposals (RFP) for Child Abuse Prevention
and Intervention Programs and return to your Board on today’s agenda with
recommendations for the award of contracts. The proposed child abuse prevention,
intervention and treatment programs contribute to a shared vision of an effective
community wide collaboration to prevent child abuse and neglect and to enable all
children to live in safe, nurturing families.
The purpose of this letter is to request that your Board take the required actions in order
to execute nine separate agreements including the proposed child abuse prevention
and intervention services as well as renewed agreements for services related to data
collection and reporting for child welfare services. Funding for all nine agreements is
included in the Human Services Department’s proposed budget for FY 2008-09, and
represents no additional cost to the County.
Contracts for Child Abuse Prevention and Intervention
The Children’s Network Cabinet is responsible for making funding recommendations to
your Board regarding four funding streams administered by Human Services. These
funding streams provide support to community-based agencies for child abuse
prevention, intervention, and treatment services. Three of the funding streams are
allocated to counties by the State, including Promoting Safe & Stable Families (PSSF);
Child Abuse Prevention, Intervention and Treatment (CAPIT) and Community Based
Child Abuse Prevention (CBCAP). The third funding source, the Children’s Trust Fund
(CTF), is a local resource garnered from birth certificate fees.
On March 14, 2008, with your Board’s approval, Human Services, in conjunction with
the Children’s Network Cabinet, released an RFP to allocate these funding streams for
0482
BOARD OF SUPERVISORS
Page 2
Agenda Date: June 24,2008
Title: Approve Contracts for Child Abuse Prevention and Intervention Programs and Child
Welfare Data Collection and Reporting
the next three-year period (July 1, 2008 through June 30, 2011). In response to the
RFP, Human Services received seven proposals from community-based organizations.
The Children’s Network Cabinet appointed a proposal review committee to evaluate the
proposals based upon quality of proposed services, cost effectiveness, ability to
leverage other funds, and ability to serve diverse target populations and geographic
areas of Santa Cruz County.
The Children’s Network Cabinet met on May 14, 2008 and voted to recommend that
your Board approve the following service contract awards from the funds that are
available for FY 2008-09, contingent upon the availability of State, Federal and County
CTF funds. The contracts will be considered for renewal for two additional years, based
on the contractor’s performance and the availability of funds.
1. Parents Center - $48,000 for FY 2008-09 to provide therapeutic supervised
visitation services in order to enhance successful family reunification.
2. Cabrillo College - $33,687 for FY 2008-09 to provide adoption promotion and
support services.
3. Youth Resource Bank - $33,687 for FY 2008-09 to oversee a flexible fund for
tangible support to families receiving Child Welfare family reunification or family
mainte na nce services .
4. United Way of Santa Cruz County - $16,991 for FY 2008-09 to enhance the
coordination and service integration strategies of the Children’s Network.
5. Santa Cruz Community Counseling Center - $603,532 for FY 2008-09 to
continue collaborating with Human Services and First 5 Santa Cruz County to
operate Families Together, a countywide Differential Response program that
provides prevention and early intervention services to families who have been
referred to Family and Children’s Services for suspected child abuse or neglect.
Of the total amount of this contract, $124,385 was awarded through the
Children’s Network RFP process. The remaining $479,147 has been committed
by First 5 Santa Cruz County to support the Families Together program through
a revenue agreement described in the following section.
Additional Differential Response Agreements
-
6. First 5 Revenue Agreement As stated above, First 5 Santa Cruz County has
committed $479,147 to the Human Services Department to continue supporting
Families Together differential response services in FY 2008-09. As detailed in
the attached revenue agreement, these funds will be received by Human
Services and will be sub-contracted in turn to Santa Cruz Community Counseling
Center through contract #5 described in the previous section. At this time,
0483
BOARD OF SUPERVISORS
Page 3
Agenda Date: June 24,2008
Title: Approve Contracts for Child Abuse Prevention and Intervention Programs and Child
Welfare Data Collection and Reporting
Human Services requests your Board’s approval of the revenue agreement with
First 5 for FY 2008-09.
7. Child Welfare Services Outcome Improvement Funds - As your Board may
recall, Human Services also receives an allocation from the State for the Child
Welfare Services Outcome Improvement Project (CWSOIP). No county match is
required in order to accept these funds. Since FY 2005-06 the Department has
provided CWSOlP funds to Santa Cruz Community Counseling Center to support
a portion of the staffing and operational costs for the Differential Response
program.
In FY 2008-09, the amount of CWSOlP funds supporting the program will be
reduced from $223,924 to $88,924 due to a decrease in the CWSOlP allocation
from the State. As a result of this $135,000 reduction in financial support for
Families Together, it will be necessary for Santa Cruz Community Counseling
Center to discontinue subcontracts with La Manzana Community Resources,
Live Oak Family Resource Center, and Mountain Community Resources. These
subcontracts provided community-based short-term case management and
support services to families at low to moderate risk of child abuse. Due to the
reduction in funds, Santa Cruz Community Counseling Center will narrow its
focus to provide prevention/early intervention services only to those families
assessed as being at high risk of child abuse. At this time, Human Services is
requesting your Board’s approval of the agreement with Santa Cruz Community
Counseling Center in the amount of $88,924 to provide staffing and operational
costs for the Differential Response Program.
Child Abuse Prevention Council (CAPC)
In addition to the contracts outlined above, the Children’s Network RFP also included
$15,000 to be awarded to an organization to perform the core functions of a Child
Abuse Prevention Council and disseminate child abuse prevention messages (jncluding
mandated reporter training) to the community. For the past three years, the amount of
funds allocated for this purpose was $60,000; however, due to a reduction in state
allocations, the Children’s Network made a decision to reduce funding for
CAPC/primary prevention services in order to preserve services to families who are at
risk or already involved in the child welfare system.
For the reduced allocation of $15,000, Human Services received proposals from two
organizations, United Way of Santa Cruz County and Santa Cruz County Child Abuse
Prevention Council. Both of the proposals included a recommendation to merge with
the Children’s Network and to utilize the Children’s Network Cabinet as the new CAPC.
Because the Children’s Network has not yet had an opportunity to explore this option,
the Network recommends postponement of a contract recommendation at this time, in
order to give the Network an opportunity to discuss and consider this option. The
0484
BOARD OF SUPERVISORS
Page 4
Agenda Date: June 24,2008
Title: Approve Contracts for Child Abuse Prevention and Intervention Programs and Child
Welfare Data Collection and Reporting
Network will begin its discussions of this issue on June 14, and anticipates bringing a
contract recommendation to your Board no later than September 30, 2008.
Contracts for SafeMeasures and Data Reporting
8. SafeMeasures - As your Board may recall, since FY 2003-04, Human Services
has been utilizing SafeMeasures, an internet-based child welfare quality
assurance reporting service developed by the National Council on Crime and
Delinquency (NCCD). Under a special agreement, the California Department of
Social Services (CDSS) provides case data to NCCD from the statewide Child
Welfare Services/Case Management System (CWS/CMS), and NCCD uses the
data to prepare an extensive set of county-specific reports that are housed on a
restricted-access website in graph and chart format. These reports are invaluable
in providing Family and Children’s Services managers and supervisors with
information at the program, unit and worker level regarding current workload,
compliance with mandated timeframes, as well as performance on the various
outcome indicators established by state and federal regulatory requirements.
Human Services has negotiated a two-year service agreement with NCCD for
continued use of SafeMeasures for fiscal years, FY 2008-09 and FY 2009-10.
The annual cost for this service is $37,175.
9. Monthly and Ad Hoc Data Reports -Additionally, beginning in FY 2007-08, as
part of the Child Welfare Services Self Assessment process, the Department
began working with Children’s Research Center (CRC), a division of NCCD, to
develop monthly and ad hoc reports that would improve the capacity for the
Family and Children’s Services division to report and analyze child welfare
services performance indicators and outcomes data. These reports provide local
information on child safety, permanency, and well-being based on CWS/CMS
data, in order to address areas identified in the self-assessment and to identify
the impact of system improvement efforts. The individually tailored local reports
are developed in consultation with CRC.
Human Services is requesting to renew the agreement with CRC for FY 2008-09
in the amount of $36,000 to continue to develop and submit monthly standard
reports and ad hoc reports.
IT IS THEREFORE RECOMMENDED that your Board:
1. Approve the agreement with Parents Center, Inc, in the amount of $48,000 for
therapeutic supervised visitation services for FY 2008-09;
2. Approve the agreement with Cabrillo College in the amount of $33,687 for adoption
promotion and support services for FY 2008-09;
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BOARD OF SUPERVISORS
Page 5
Agenda Date: June 24,2008
Title: Approve Contracts for Child Abuse Prevention and Intervention Programs and Child
Welfare Data Collection and Reporting
3. Approve the agreement with Youth Resource Bank in the amount of $33,687 for FY
2008-09;
4. Approve the agreement with United Way of Santa Cruz County in the amount of
$16,991 to enhance coordination and service integration of the Children’s Network
for FY 2008-09;
5. Approve the agreements with Santa Cruz Community Counseling Center in the
amounts of $603,532 and $88,924 for the Differential Response Program for FY
2008-09;
6. Approve the revenue agreement with First 5 Santa Cruz County in the amount of
$479,147;
7. Direct the Human Services Department Director to return no later than September
30, 2008 to provide a contract recommendation for a Child Abuse Prevention
Council;
8. Approve the two-year agreement with National Council on Crime and Delinquency for
the use of SafeMeasures in the amount of $37,175 for FY 2008-09 and $37,175 for
FY 2009-10;
9. Approve the agreement with Children’s Research Center for monthly and ad hoc
data reports in the amount of $36,000 for FY 2008-09; and
IO. Authorize the Human Services Department Director to execute these agreements.
Very truly yours,
RECOMMENDED:
Director
County Administrative Officer
CE:JY: KWDB
N:\North\projects\Board~Letters\FY~O7-08\Family
& Children’s Services Division\CN and NCCD Contracts Board Letter.doc
Attachments:
Contracts (8)
Revenue Agreement ( I )
ADM-29 (9)
0486
Page 6
BOARD OF SUPERVISORS
Agenda Date: June 24,2008
Title: Approve Contracts for Child Abuse Prevention and Intervention Programs and Child
Welfare Data Collection and Reporting
cc:
Auditor Controller
Family and Children’s Services
Santa Cruz Community Counseling Center
Youth Resource Bank
Parents Center, Inc.
Cabrillo College
United Way of Santa Cruz County
First 5 Santa Cruz County
National Council on Crime and Delinquency
Children’s Research Center
Children’s Network
0487
COUNTY OF SANTA CRUZ
REQUEST FOR APPROVAL OF AGREEMENT
TO:
Board of Supervisors
County Administrative Office
Auditor Controller
By:
r--- Revenue Agreemsnt
EExpenditure Agreement
AGREEMENT TYPE (Check One)
The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.
Said Agreement is between the County of Santa Cruz Human Services Department
1.
and Parents Center, 530 Soquel Ave., Santa Cruz, CA 95062
2.
( Name/Address)
The agreement will provide therapeutic supervised visitation.
3.
Period of the agreement is from jUly 1, 2008
4.
Anticipated Cost is $ 48,000
June 30,2009
'3Fixed
L"
=Monthly
Rate
[a
Annual Rate
Not to Exceed
Remarks : Contact: Kelli Kopeck ~ 5 2 2 4
5.
6.
Continuing Agreements List for FY
PageCCNo Board Letter required, will be listed under item 8
Board Letter Required
Revenue Agreement
Detail: =On
II
Ill
ection IV
Contract No: 80778-01
Appropriations/Revenues are available and are budgeted in 392100
0 R !JlS'
Time Agreement
(Index) 4080
(Subject)
NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AUD-60
available and
are not
a
CiTg 0 ' 7 7
Contract No:
have been
Appropriations
encum bered.
Auditor-Controlt% Deputy
Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and
authorize the Human Services Department Director to execute on behalf of the County of Santa Cruz Human
Services Departme t
Date:
6/+/,)f
By:
Countv Adhihstrative Office
-
U
Distribution:
Board of Supervisors - White
Auditor Controller - Canary
Auditor-Controller - Pink
Department - Gold
ADM - 29 (4/08)
Title I,
Section 300 Proc Man
Bv: DeDutv Clerk
AUDITOR-CONTROLLER USE ONLY
co
Document No.
TCllO
Auditor Description
JE Amount
Lines
H/TL
Date
I
$
Amount
Keyed By
Index
Sub - 0bject
User Code
0488
Contract No. 80778-01
INDEPENDENT CONTRACTOR AGREEMENT
This Contract is entered into this 1’‘ day of July 2008 by and between the COUNTY OF SANTA
CRUZ, hereinafter called COUNTY, and PARENTS CENTER INC., Hereinafter called CONTRACTOR.
The parties agree as follows:
1.
DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following
results for the County of Santa Cruz Human Services Department Family and Children’s Services
Division:
See Attachment A, Scope of Services
2.
COMPENSATION. In consideration for CONTRACTOR accomplishing said result,
COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $48,00O,processed for
payment in full after receipt of monthly invoice and approval of contract manager.
Invoices shall be submitted monthly to:
Human Services Department
Attn: Fiscal - Accounts Payable
P.O. Box 1320
Santa Cruz, CA 95061
Copies of Invoices shall be submitted to:
Family and Children’s Services
P.O. Box 1320
Santa Cruz, CA 95061
Attn: KeIli Kopeck
3.
TERM. The term of this Contract shall be: July 1,2008 through June 30,2009.
EARLY TERMINATION. Either party hereto may terminate this Contract at any time
4.
by giving thirty (30) days written notice to the other party.
INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.
5.
CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose
of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers)
from and against:
A.
Any and all claims, demands, losses, damages, defense costs, or liability of any kind or
nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of
persons, or damage to property as a result of, arising out of, or in any manner connected with the
CONTRACTOR’S performance under the terms of this Contract, excepting any liability arising out of the
sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or
property( ies) of CONTRACTOR and third persons.
0489
B.
Any and all Federal, State and Local taxes, charges, fees, or contributions required to be
paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees and agents engaged in
the performance of this Contract (including, without limitation, unemployment insurance, social security
and payroll tax withholding).
6.
INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this
Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the
following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as
respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in
excess of CONTRACTOR’S insurance coverage and shall not contribute .to it. If CONTRACTOR
normally carries insurance in an amount greater than the minimum amount required by the COUNTY for
this Contract, that greater amount shall become the minimum required amount of insurance for purposes
of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances
carried by it shall be deemed liability coverage for any and all actions it performs in connection with this
Contract.
If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,
CONTRACTOR shall obtain and maintain Independent Contractor’s Insurance as to each subcontractor
or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required
/
.
of CONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here
A.
Types of Insurance and Minimum Limits
Worker’s Compensation in the minimum statutorily required coverage amounts.
( 1)
This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to
this fact by initialing here
Automobile Liability Insurance for each of CONTRACTOR’S vehicles used in
(2)
the performance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR’S
employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per
occurrence for bodily injury and property damage. This insurance coverage is required unless the
CONTRACTOR does not drive a vehicle in conjunction with any part of the performance of this Contract
and CONTRACTOR and COUNTY both certify to this fact by initialing here
/
.
Comprehensive or Commercial General Liability Insurance coverage in the
(3)
minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b)
personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
1,000,000
Professional Liability Insurance in the minimum amount of $
(4)
ned single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY
. *c
B.
Other Insurance Provisions
If any insurance coverage required in this Contract is provided on a “Claims
(1)
Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a
period of three (3) years after the expiration of this Contract (hereinafter “post Contract coverage”) and
any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or
purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being
both available and reasonably affordable in relation to the coverage provided during the term of this
Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual
Page 2
0490
policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post
Contract coverage shall be deemed to be reasonable.
All required Automobile and Comprehensive or Commercial General Liability
(2)
Insurance shall be endorsed to contain the following clause:
“The County of Santa Cruz, its officials, employees, agents and volunteers are added as
an additional insured as respects the operations and activities of, and on behalf of, the named insured’s
performance under its/his/her/their contract with the County of Santa Cruz.”
All required insurance policies shall be endorsed to contain the following clause:
(3)
“This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Kelli Kopeck
P.O. Box 1320
Santa Cruz, CA 95061
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of
(4)
these insurance provisions and provide COUNTY on or before the effective date of this Contract with
Certificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered or
sent to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Kelli Kopeck
P.O. Box 1320
Santa Cruz, CA 95061
7.
EQUAL EMPLOYMENT OPPORTUNITY.
performance of this Contract, CONTRACTOR agrees as follows:
During and in relation to the
A.
The CONTRACTOR shall not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, ancestry, physical or mental disability,
medical condition (cancer related), marital status, sexual orientation, age (over 1S), veteran status, gender,
pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be
limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or
transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notice setting forth the provisions of this non-discrimination clause.
If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if
B.
CONTRACTOR employees fifteen (1 5 ) or more employees, the following requirements shall apply:
The CONTRACTOR shall, in all solicitations or advertisements for employees
( 1)
placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, national origin, ancestry, physical or mental
disability, medical condition (cancer related), marital status, sexual orientation, age (over 1 S), veteran
status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include,
be limited to, the following: recruitment; advertising, layoff or termination, rates of pay or other
r%
Page 3
0491
forms of compensation, selection for training (including apprenticeship), employment, upgrading,
demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider
Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods and
services. Definitions for Minority/Women/Disabled Business Enterprises are available from the
COUNTY General Services Purchasing Division.
(2)
In the event of the CONTRACTOR’S non-compliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for further contracts with the COUNTY.
The CONTRACTOR shall cause the foregoing provisions of subparagraphs
(3)
7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a
subcontractor compensated more than $50,000 and employing more than fifteen (1 5 ) employees, provided
that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
8.
INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have
reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is
an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all
insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is
not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to
control the manner and means of accomplishing the result contracted for herein.
PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the
manner and means of accomplishing the result contracted for.
(a) The extent of control which, by agreement, COUNTY may
SECONDARY FACTORS:
exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a
distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually
done by a specialist without supervision, rather than under the direction of an employer; (d) The skill
required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than
the COUNTY supplies the instrumentalities, tools and work place; (0 The length of time for which
CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of
CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive
activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR
and COUNTY believe they are creating an independent contractor relationship rather than an employeremployee relationship; and (i) The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors that
indicate that CONTRACTOR is an independent contractor.
By their signatures on’ this Contract, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent
contractor.
NONASSIGNMENT.
9.
written consent of the COUNTY.
CONTRACTOR shall not assign the Contract without the prior
10.
ACKNOWLEDGMENT.
CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.
11.
RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records
pertinent to this Contract for a period of not less than five ( 5 ) years after final payment under this
Page 4
0492
Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR
hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,
the Auditor General of the State of California, or the designee of either for a period of five ( 5 ) years after
final payment under this Contract.
PRESENTATION OF CLAIMS.
12.
Presentation and processing of any or all claims
arising out of or related to this Contract shall be made in accordance with the provisions contained in
Chapter 1.05 of the Santa Cruz County Code, wh ch by this reference is incorporated herein.
13.
ATTACHMENTS.
This Contract incl ides the following attachments:
Attachment A: Scope of Services
Attachment B: Budget
Attachment C: Assurance of Compliance
Attachment D: Living Wage Data Report
Attachment E: Living Wage Ordinancemon- Wage Provisions from Self-certification
Form
14.
LIVING WAGE.
section is initialed by COUNTY
This Contract is covered under Living Wage provisions if this
If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of
Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees
(per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate
requirement of this chapter, but are not exempt from, and must adhere to, the “non-wage” related
requirements of County Code Chapter 2.122.100, 2.122.130, and 2.122.140, as well as all other applicable
portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the
term of the Contract will be considered a material breach, and may result in termination of the Contract
and/or pursuit of other legal or administrative remedies.
CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.
15.
NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS.
following requirements shall be met, in addition to any other requirements of this Contract:
A.
The
WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it
shall be a requirement of this Contract to provide links to the HelpSCC
(www.helpscc.org), Santa Cruz County Government (www.co.santa-cruz.ca.us),
and Workforce Santa Cruz County (www.workforcescc.com) web sites.
16.
MONITORING PROGRAM FOR 501(c)(3) NONPROFIT AGENCIES. Each of the
following requirements shall be met, in addition to any other requirements of this Contract.
A.
Within 180 days of the end of each of the CONTRACTOR’S fiscal years occurring
during the term of this Contract, the CONTRACTOR shall provide the Contract
Administrator with two copies of Financial Statements relating to the entirety of the
CONTRACTOR’S operations. Financial statements normally include: ( 1) a Statement of
Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of
Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional
Expenses. The Contract Administrator will forward one copy of the financial statements
to the Auditor-Controller.
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0493
(1) For the purposes of this paragraph, “CONTRACTOR’S fiscal year” shall be that
period the CONTRACTOR utilizes for its annual budget cycle.
(2) The Contract Administrator with concurrence of the County Auditor-Controller may
agree to extend the deadline for the Financial Statements required by this paragraph.
B.
In the sole discretion of the County, the requirements of this paragraph may be exempted
where the Contract Administrator and the County Auditor-Controller ascertain that such
reporting is not essential, and both certify to its inapplicability by initialing here
(CA).
C.
The CONTRACTOR shall make a good faith effort to provide the Contract Administrator
with timely notice of any event or circumstance that materially impairs the
CONTRACTOR’S financial position or substantially interferes with the
CONTRACTOR’S ability to offer the services it has agreed to provide as set forth in this
Contract. The Contract Administrator shall notify the Auditor-Controller of any
impairment upon being notified by the contractor.
D.
For audit authority of the Auditor-Controller refer to the paragraph on “Retention and
Audit of Records.”
MISCELLANEOUS. This written Contract, along with any attachments, is the full and
17.
complete integration of the parties’ agreement forming the basis for this Contract. The parties agree that
this written Contract supersedes any previous written or oral agreements between the parties, and any
modifications to this Contract must be made in a written document signed by all parties. Any arbitration,
mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,
notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa
Cruz.
Page 6
0494
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
3. COUNTY OF SANTA CRUZ
pvry
SIGNED
SIGNED
Address:
I
b
Te 1ephone:
Fax:
Email:
2.
APPROVED AS TO INSURANCE:
Risk Management
"
4.
Date
DISTRIBUTION:
Family and Children's Services
Auditor-Controller
Risk Management
Parents Center, Inc.
Document 1
Page 7
APPROVED AS TO FORM:
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ATTACMENT B
Parents Center
Supervised Visitation
2008-09
BUDGET
PERSONNEL
OPERATING
TOTAL EXPENSES
INDIRECT RATE @ 8%
GRAND TOTAL EXPENSES
Human
Services
41,400
6,600
48,000
0
48.000
ATTACHMENT C
050 1
ASSURANCE OF COMPLIANCE
WITH THE HUMAN SERVICES DEPARTMENT
N0NDISCRI MINAT10N IN STATE
AND FEDERALLY ASSISTED PROGRAMS
Parents Center, Inc.
HEREBY AGREES THAT it will comply with Title VI and VI1 of the Civil Rights Acts of 1964 as amended;
Section 504 of the Rehabilitation Acts of 1973, as amended; the Age Discrimination Act of 1975, as
amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title I I of the
Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California
Government Code Section 11135-11139.5, as amended; California Government Code Section 12940(c),
(h) (I),(i),and (j); California Government Code, Section 4450; Title 22, California Code of Regulations
98000 - 98413, and other applicable federal and state laws, as well as their implementing regulations
(including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91 , 7 CFR Part 15, and 28 CFR Part
42), by ensuring that employment practices and the administration of public assistance and social
services programs are nondiscriminatory, to the effect that no person shall because of ethnic group
identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status,
religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or
be otherwise subject to discrimination under any program or activity receiving federal or state financial
assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to
effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state
assistance; and THE VENDOWRECIPIENT HEREBY GIVES ASSURANCE THAT administrative
methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of
the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 2 1, will be
prohibited.
BY ACCEPTING THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit
reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit
authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books
and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the
right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section
10605, or Government Code Section 11 135-1 1139.5, or any other laws, or the issue may be referred to the
appropriate federal agency for hrther compliance action and enforcement of this assurance.
THIS ASSURANCE is binding on the vendor/recipient directly or through contract, license, or other provider
services, as long as it receives federal or state assistance.
Date
51.91.B
Address of VendodRecipient:
5%
1
P--l
won-Profit Attachment]
LW Form 1
County of Santa Cruz
LIVING WAGE DATA REPORT
Fiscal Year
Agency Name:
Contract No.
\
5\
p77 VCounty
Dept.
c
Please complete this form checking all appropriate boxes for all covered employees in your agency. Covered
employees are defined in the ordinance as any employee of a nonprofit contractor who lives or works in Santa Cruz
County. The signature and date on this form will serve as self-certification of the agency’s ordinance exemption
status.
~.
u
0 1 . Collective Bargaining Agreement
Check this box if positions in this agency are represented by a bargaining unit or labor union and have a
collective bargaining agreement in effect.
/bd
2. All Positions Paid Living Wage Rates ($12.65/hr with benefits; $13.80/hr without benefits)
If all positions in this agency have pay rates that are at or above the living wage rates, check this box.
0 3. Living Wage Ordinance Exemption Categories
Check this box if your agency is exempt from the requirements of the ordinance. Indicate by
checking the appropriate box(es) below which exemption(s) applies to your agency:
0 A. Agency has five or fewer employees.
0 B. Agency has cumulative contracts with the County in current fiscal year less than $15,000.
If items 1, 2, or 3 are checked, your agency is exempt from wage data reporting requirements. Sign and
date this form and return to appropriate County Department.
0 4. A Program In Our Agency Does Not Receive Any County Funds
Check this box if a program in your agency is exempt based on the fact that it receives no County funding.
Indicate the program in your agency that falls under this exemption and the number of program employees.
Program Name:
No. of Employees:
0 5. Some Positions Have Pay Rates Less Than Living Wage Rates
Check this box if any positions in this agency have any part of their pay ranges at less than the living wage
rates.
All non-profit agencies not exempt from the living wage ordinance requirements must also provide wage data
information for all employees in job classifications paying less than the current living wage standard. A form to
collect this information will be distributed electronically to agencies subject to this requirement in January 2008.
PMw
I certi
u d
y of perjury, that the above information is true and correct to the best of my knowledge.
pen
[email protected]
Signature of Executive Director
Section Below is Optional
I
B
~
B
~
B
~
B
~
B
~
B
~
B
~
B
~
~
~
B
~
~
~
B
~
B
~
B
~
B
~
B
~
B
~
B
~
B
Efforts to Maintain and Increase Wages for Positions (Check all
f l o u r agency was able to bring all workers up to a living wage in
0 Our agency was not able to increase pay rates for employee
0 Pay rates for positions in this agency were not reduced in the budget for FY 2007-08.
0 Our agency was able to give our employees the following pay increases (fill in blanks):
YO
Cost of Living Adjustment (COLA) increases of
Step or annual increases of
(YO or $$)
0 Our agency was able to increase employer-sponsored benefits (Check appropriate boxes):
0 Health insurance benefits
0 Paid sick leave/vacation leave benefits
0 Unpaid sick leave/vacation leave benefits
0 Other
LWForm 1 (5/22/07)
~
B
~
B
~
B
~
B
~
L W Form 2
won-Profit Attachment]
County of Santa Cruz
FYZCPq-q Hon-Wage Provisions Self-certification Form
mpt from the ordinance
requirements, shall comply with the following non-wage provisions of the Living Wage
Ordinance (Chapter 2.122 of the County Code):
1. Employee rights to report violation and to non-retaliation: (Section 2.122.1 10)
Any employee claiming violation of the Chapter may report such acts to the County
and may bring an action in the appropriate Court of the State of California or other
appropriate administrative agency, against an employer to enforce his or her rights.
Nothing in this Chapter shall preclude an employee from seeking any or all forms of
relief and damages.
2. Labor relation neutrality: (Section 2.122.130)
Contractors for services and subcontractors shall not hinder or fiirther collective
bargaining organization or other collective bargaining activities by or on behalf of
an employer’s employees. However, this restriction shall not apply to any
expenditure made in the course of good faith collective bargaining, or to any
expenditure made pursuant to obligations incurred under a bona fide collective
bargaining agreement.
3. Employee retention: (Section 2.122.140)
In the event that any contract for services for an amount greater than $50,000 is
terminated by County prior to its expiration, any new contract with a subsequent
contractor for those same services shall include the following term:
Contractor shall make best efforts to offer employment to qualified employees
of the prior contractor for the performance of this contract. Such efforts shall not be
required in regard to employees who are (1) exempt under the Fair Labor Standards
Act, (2) family members of prior contractor, (3) employed by prior contractor for less
than six months, or (4) convicted of a job-related or workplace crime. Upon request
by the County, the Contractor shall demonstrate to the County that good faith efforts
have been made to comply with this provision.
Within the last five years, has your agency had any violations with the N ional Employees
Relations Board or the California Labor Commission? Yes -
Y
?& cmw
No
I certify, under penalty of perjury, that
is in
(Name of Agency)
compliance with all of the above stated non-wage provisions of the County Living Wage
Signatkhe of Executive Director
L W Form2 (5/22/07)
COUNTY OF SANTA CRUZ
REQUEST FOR APPROVAL OF AGREEMENT
TO:
Board of Supervisors
County Administrative Office
Auditor Controller
0502
&LdifG
By:
ons/revenues are available
)”--!
p
jExpenditure Agreement
AGREEMENT TYPE (Check One)
Revenue Agreement
The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.
Said Agreement is between the County of Santa Cruz Human Services Department
1.
and Cabrillo College, 6500 Soquel Drive, Aptos, CA 95003
(NamelAddress)
2. The agreement will provide professional counseling services to post-adoptive clients and respite reimbursement for post-adoptive
families in the first year following adoption.
3.
Period of the agreement is from jUly,1, 2008
4.
Anticipated Cost is $
to June 30,2009
Fixed
c
jMonthly Rate
Annual Rate
[a
Not to Exceed
Remarks : Contact: Patty King ~ 4 2 2 5
5.
Detail: T - O n Continuing Agreements List for FY
PageCCNo Board Letter required, will be listed under item 8
Section I l l Board Letter Required
Section IV Revenue Agreement
ESection II
Contract No:
0R
Lalst
Time Agreement
0
Appropriations/Revenues are available and are budgeted in 392100
6.
(Subject)
(Index) 4080
NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AUD-60
have been
Appropriations
available and
encumbered.
are not
Auditor-Contrhe&eputy
Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and
Auditor Controller - Canary
Auditor-Controller- Pink
Department - Gold
ADM - 29 (4/08)
Title 1, Section 300 Proc Man
By: Deputy Clerk
AUDITOR-CONTROLLER USE ONLY
co
Document No.
JE Amount
Lines
H/TL
Keyed By
Date
TC110
Auditor Description
Amount
Index
Sub-object
User Code
0503
Contract No.
$36 73
INDEPENDENT CONTRACTOR AGREEMENT
This Contract is entered into this 1’‘ day of July 2008, by and between the COUNTY OF SANTA
CRUZ, hereinafter called COUNTY, and CABRLLO COLLEGE, hereinafter called CONTRACTOR.
The parties agree as follows:
1.
DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following
results for the County of Santa Cruz Human Services Department Family and Children’s Services
Division:
See Attachment A, Scope of Services
2.
COMPENSATION. In consideration for CONTRACTOR accomplishing said result,
COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $33,687, processed for
payment in full after project completion, receipt of invoice, and approval of project manager. The June,
2009 claim shall be based on estimates and submitted by June 8,2009. A final June, 2009 claim shall be
made no later than 30 calendar days after the end of the month.
Invoices shall be submitted to:
Family and Children’s Services
P.O. Box 1320
Santa Cruz, CA 95061
Attn: Patty King, SA1 1
3.
TERM.
The term of this Contract shall be: July 1,2008 through June 30, 2009.
4.
EARLY TERMINATION. Either party hereto may terminate this Contract at any time
by giving thirty (30) days written notice to the other party.
5.
INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.
CONTRACTOR shall exonerate, indemnifjl, defend, and hold harmless COUNTY (which for the purpose
of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers)
from and against:
A.
Any and all claims, demands, losses, damages, defense costs, or liability of any kind or
nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of
persons, or damage to property as a result of, arising out of, or in any manner connected with the
CONTRACTOR’S performance under the terms of this Contract, excepting any liability arising out of the
sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or
property( ies) of CONTRACTOR and third persons.
B.
Any and all Federal, State and Local taxes, charges, fees, or contributions required to be
paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees and agents engaged in
the performance of this Contract (including, without limitation, unemployment insurance, social security
and payroll tax withholding).
Page 1
0504
6.
INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this
Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the
following insurance [email protected]) and requirements. Such insurance coverage shall be primary coverage as
respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in
excess of CONTRACTOR’S insurance coverage and shall not contribute to it. If CONTRACTOR
normally carries insurance in an amount greater than the minimum amount required by the COUNTY for
this Contract, that greater amount shall become the minimum required amount of insurance for purposes
of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances
carried by it shall be deemed liability coverage for any and all actions it performs in connection with this
Contract .
If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,
CONTRACTOR shall obtain and maintain Independent Contractor’s Insurance as to each subcontractor
or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required
of CONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here
/
.
A.
Types of Insurance and Minimum Limits
Worker’s Compensation in the minimum statutorily required coverage amounts.
( 1)
This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to
this fact by initialing here
Automobile Liability Insurance for each of CONTRACTOR’S vehicles used in
(2)
the performance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR’S
employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per
occurrence for bodily injury and property damage. This insurance coverage is required unless the
CONTRACTOR does not drive a vehicle in conjunction with any part of the performance of this Contract
/
.
and CONTRACTOR and COUNTY both certify to this fact by initialing here
Comprehensive or Commercial General Liability Insurance coverage in the
(3)
minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b)
personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
Professional Liability Insurance in the minimum amount of $ 1,000,000
(4)
combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY
v;”L’F
B.
Other Insurance Provisions
If any insurance coverage required in this Contract is provided on a “Claims
(1)
Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a
period of three (3) years after the expiration of this Contract (hereinafter “post Contract coverage”) and
any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or
purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being
both available and reasonably affordable in relation to the coverage provided during the term of this
Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual
policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post
Contract coverage shall be deemed to be reasonable.
All required Automobile and Comprehensive or Commercial General Liability
(2)
Insurance shall be endorsed to contain the following clause:
Page 2
0505
“The County of Santa Cruz, its officials, employees, agents and volunteers are added as
an additional insured as respects the operations and activities of, and on behalf of, the named insured’s
performance under its/his/her/their contract with the County of Santa Cruz.”
All required insurance policies shall be endorsed to contain the following clause:
(3)
“This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Patty King
P.O. Box 1320
Santa Cruz, CA 95061
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of
(4)
these insurance provisions and provide COUNTY on or before the effective date of this Contract with
Certificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered or
sent to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Patty King
P.O. Box 1320
Santa Cruz, CA 95061
7.
EQUAL EMPLOYMENT OPPORTUNITY.
performance of this Contract, CONTRACTOR agrees as follows:
During and in relation to the
The CONTRACTOR shall not discriminate against any employee or applicant for
A.
employment because of race, color, religion, national origin, ancestry, physical or mental disability,
medical condition (cancer related), marital status, sexual orientation, age (over 1S), veteran status, gender,
pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be
limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or
transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notice setting forth the provisions of this non-discrimination clause.
If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if
B.
CONTRACTOR employees fifteen ( 1 5 ) or more employees, the following requirements shall apply:
The CONTRACTOR shall, in all solicitations or advertisements for employees
(1)
placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, national origin, ancestry, physical or mental
disability, medical condition (cancer related), marital status, sexual orientation, age (over 1S), veteran
status, gender, pregnancy, or any other non-merit factor unrelated to job duties, Such action shall include,
but not be limited to, the following: recruitment; advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training (including apprenticeship), employment, upgrading,
demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider
Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods and
services. Definitions for Minority/Women/Disabled Business Enterprises are available from the
COUNTY General Services Purchasing Division.
Page 3
0506
(2)
In the event of the CONTRACTOR’S non-compliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for further contracts with the COUNTY.
The CONTRACTOR shall cause the foregoing provisions of subparagraphs
(3)
7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a
subcontractor compensated more than $50,000 and employing more than fifteen ( 15) employees, provided
that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
8.
INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have
reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is
an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all
insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is
not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to
control the manner and means of accomplishing the result contracted for herein.
PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the
manner and means of accomplishing the result contracted for.
SECONDARY FACTORS:
(a) The extent of control which, by agreement, COUNTY may
exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a
distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually
done by a specialist without supervision, rather than under the direction of an employer; (d) The skill
required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than
the COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which
CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of
CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive
activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR
and COUNTY believe they are creating an independent contractor relationship rather than an employeremployee relationship; and (i) The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors that
indicate that CONTRACTOR is an independent contractor.
By their signatures on this Contract, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent
contractor.
NONASSIGNMENT.
9.
written consent of the COUNTY.
CONTRACTOR shall not assign the Contract without the prior
10.
ACKNOWLEDGMENT.
CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.
11.
RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records
pertinent to this Contract for a period of not less than five ( 5 ) years after final payment under this
Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR
hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,
the Auditor General of the State of California, or the designee of either for a period of five ( 5 ) years after
final payment under this Contract.
Page 4
0507
12.
PRESENTATION OF CLAIMS.
Presentation and processing of any or all claims
arising out of or related to this Contract shall be made in accordance with the provisions contained in
Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.
13.
ATTACHMENTS.
This Contract includes the following attachments:
Attachment A: Scope of Services
Attachment B: Budget
Attachment C: Assurance of Compliance
Attachment D: Living Wage Data Report
Attachment E: Living Wage Ordinancehlon- Wage Provisions from Self-certification
+-
14.
LIVING WAGE.
section is initialed by COUNTY
This Contract is covered under Living Wage provisions if this
If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of
Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees
(per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate
requirement of this chapter, but are not exempt from, and must adhere to, the “non-wage” related
requirements of County Code Chapter 2.122.100, 2.122.130, and 2.122.140, as we11 as all other applicable
portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the
term of the Contract will be considered a material breach, and may result in termination of the Contract
and/or pursuit of other legal or administrative remedies.
CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.
15.
NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS.
following requirements shall be met, in addition to any other requirements of this Contract:
A.
The
WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it
shall be a requirement of this Contract to provide links to the HelpSCC
(www.helpscc.org), Santa Cruz County Government (www.co.santa-cruz.ca.us),
and Workforce Santa Cruz County (www.workforcescc.com) web sites.
16.
MONITORING PROGRAM FOR 501(c)(3) NONPROFIT AGENCIES. Each of the
following requirements shall be met, in addition to any other requirements of this Contract.
A.
Within 180 days of the end of each of the CONTRACTOR’S fiscal years occurring
during the term of this Contract, the CONTRACTOR shall provide the Contract
Administrator with two copies of Financial Statements relating to the entirety of the
CONTRACTOR’S operations. Financial statements normally include: ( 1) a Statement of
Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of
Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional
Expenses. The Contract Administrator will forward one copy of the financial statements
to the Auditor-Contro I ler.
For the purposes of this paragraph, “CONTRACTOR’S fiscal year” shall be that
period the CONTRACTOR utilizes for its annual budget cycle.
The Contract Administrator with concurrence of the County Auditor-Controller may
agree to extend the deadline for the Financial Statements required by this paragraph.
Page 5
0508
B.
In the sole discretion of the County, the requirements of this paragraph may be exempted
where the Contract Administrator and the County Auditor-Controller ascertain that such
reporting is not essential, and both certify to its inapplicability by initialing here
(Aud);
C.
The CONTRACTOR shall make a good faith effort to provide the Contract Administrator
with timely notice of any event or circumstance that materially impairs the
CONTRACTOR’S financial position or substantially interferes with the
CONTRACTOR’S ability to offer the services it has agreed to provide as set forth in this
Contract. The Contract Administrator shall notify the Auditor-Controller of any
impairment upon being notified by the contractor.
D.
For audit authority of the Auditor-Controller refer to the paragraph on “Retention and
Audit of Records.”
17.
MISCELLANEOUS. This written Contract, along with any attachments, is the full and
complete integration of the parties’ agreement forming the basis for this Contract. The parties agree that
this written Contract supersedes any previous written or oral agreements between the parties, and any
modifications to this Contract must be made in a written document signed by all parties. Any arbitration,
mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,
notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa
Cruz.
Page 6
0509
'
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
3. COUNTY OF SANTA CRUZ
SIGNED
Fax:
Email:
2.
4.
APPROVED AS TO INSURANCE:
APPROVED AS TO FORM:
\
Asst,County Counsel
DISTRIBUTION:
Family and Children's Services
Auditor-Controller
Risk Management
Cabrillo College
Document I
Page 7
/ b ate
0510
ATTACHMENT A
Scope of Services
Cabrillo College
Adoption Promotion and Support
Project Objectives:
Toward that goal, this project will encompass the following objectives:
Provide a high level of culturally competent professional counseling services
(both individual and family) to HSD-referred pre- and post-adoptive clients.
Provide respite reimbursement for post-adoptive families in the first year
following adoption to allow their participation in these services and/or other
respite activities.
Two licensed therapists, one in North County and one in South County will be
identified. The South County therapist will offer bilingual services. Obviously, an
exact number of families and an exact number of counseling hours needed is not
available. For the purposes of this proposal, this project estimates that 14
families could receive an average of 18 hours of individual/family counseling in
the first fiscal year. This would allow approximately 6 weekly visits for crisis
intervention or more intensive services followed by 12 hours of follow-up
throughout the remainder of the year for each of these families, as needed.
These numbers will be revised for the second and third year of the contract to
reflect needs and numbers of client families. However, this number will always
need to remain flexible, based on need.
Because currently no respite services are available for post-adoptive families,
and because families involved in our STAP program have reported that the lack
of childcare and available respite poses a barrier to their participating in trainings
and services and also places a burden on their resources, this project is
proposing to provide a minimal amount (approximately 4 hours per month for five
post-adoptive families in the first year'following adoption) of respite
reimbursement in the first year of the project. As the project proceeds, funds
slated for counseling hours that are unused can be used to increase the respite
hours for post-adoptive families; however, the counseling hours will always be
the first priority for this project.
0511
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0512
ATTACHMENT B
CABRILLO COLLEGE
Adoption Promotion and Support Services
FY2008-09
BUDGET
Human
PERSONNEL
OPERATING
TOTAL EXPENSES
INDIRECT RATE @ 8%
GRAND TOTAL EXPENSES
-031 192.00
31192.00
2495.00
33687.00
0513
ATTACHMENT C
ASSURANCE OF COMPLIANCE
WITH THE HUMAN SERVICES DEPARTMENT
NONDISCRIMINATION IN STATE
AND FEDERALLY ASSISTED PROGRAMS
Cabrillo College
HEREBY AGREES THAT it will comply with Title VI and VI1 of the Civil Rights Acts of 1964 as amended;
Section 504 of the Rehabilitation Acts of 1973, as amended; the Age Discrimination Act of 1975, as
amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title II of the
Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California
Government Code Section 11135-11139.5, as amended; California Government Code Section 12940(c),
(h) (I), (i), and (j); California Government Code, Section 4450; Title 22, California Code of Regulations
98000 - 98413, and other applicable federal and state laws, as well as their implementing regulations
(including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part
42), by ensuring that employment practices and the administration of public assistance and social
services programs are nondiscriminatory, to the effect that no person shall because of ethnic group
identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status,
religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or
be otherwise subject to discrimination under any program or activity receiving federal or state financial
assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to
effectuate this agreement.
THlS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state
assistance; and THE VENDOWRECIPIENT HEREBY GIVES ASSURANCE THAT administrative
methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of
the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 2 1, will be
prohibited.
BY ACCEPTING THIS ASSURANCE, the vendorhecipient agrees to compile data, maintain records and submit
reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit
authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books
and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the
right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section
10605, or Government Code Section 1 1 135-1 1139.5, or any other laws, or the issue may be referred to the
appropriate federal agency for hrther compliance action and enforcement of this assurance.
THIS ASSURANCE is binding on the vendor/recipient directly o
services, as long as it receives federal or state assistance.
Date
b/J/of
Address of VendorIRecipient:
1
icense, or other provider
-
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Ir\Jon-Profit Attachment]
LW Form 2
County of Santa Cruz
FY 2cYqcq Non-Wage Provisions Self-Certification Form
Agency Name:County Dept:&c w
\bfd.
m %
Contract No:
All nonprofit agencies receiving County funding, unless exempt from the ordinance
requirements, shall comply with the following non-wage provisions of the Living Wage
Ordinance (Chapter 2.122 of the County Code):
1. Employee rights to report violation and to non-retaliation: (Section 2.122.1 10)
Any employee claiming violation of the Chapter may report such acts to the County
and may bring an action in the appropriate Court of the State of California or other
appropriate administrative agency, against an employer to enforce his or her rights.
Nothing in this Chapter shall preclude an employee from seeking any or all forms of
relief and damages.
2. Labor relation neutrality: (Section 2.122.130)
Contractors for services and subcontractors shal I not hinder or further collective
bargaining organization or other collective bargaining activities by or on behalf of
an employer’s employees. However, this restriction shall not apply to any
expenditure made in the course of good faith collective bargaining, or to any
expenditure made pursuant to obligations incurred under a bona fide collective
bargaining agreement.
3. Employee retention: (Section 2.122.140)
In the event that any contract for services for an amount greater than $50,000 is
terminated by County prior to its expiration, any new contract with a subsequent
contractor for those same services shall include the following term:
Contractor shall make best efforts to offer employment to qualified-employees
of the prior contractor for the performance of this contract. Such efforts shall not be
required in regard to employees who are (1) exempt under the Fair Labor Standards
Act, (2) family members of prior contractor, (3) employed by prior contractor for less
than six months, or (4) convicted of a job-related or workplace crime. Upon request
by the County, the Contractor shall demonstrate to the County that good faith efforts
have been made to comply with this provision.
-
Within the last five years, has your agency had any violations with the National Employees
Relations Board or the California Labor Commission? Yes - No -
Ordinance.
LWForm2 (5/22/07)
(
1
[Non-Profit Attachment]
' LWForm1
County of Santa Cruz
Agency Name:
&he( 1lo
cfic
LIVING WAGE DATA REPORT
Fiscal Y e a r ? - m b l o ?
Contract No.
bQH
County Dept.
Please complete this form checking all a p p r z e boxes for all covered employees in your agency. Covered
employees are defined in the ordinance as any employee of a nonprofit contractor who lives or w0rk.s in Santa Cruz
County. The signature and date on this form will serve s self-certification of the agency's ordinance exemption
status.
dA-40*-+e7
0 1 . Collective Bargaining Agreement
LC//LC
Check this box if positions in this agency are represented by a bargaining unit or labor union and have a
collective bargaining agreement in effect.
0 2. All Positions Paid Living Wage Rates ($12.65/hr with benefits; $13.80/hr without benefits)
If all positions in this agency have pay rates that are at or above the living wage rates, check this box.
0 3 . Living Wage Ordinance Exemption Categories
Check this box if your agency is exempt from the requirements of the ordinance. Indicate by
checking the appropriate box(es) below which exemption(s) applies to your agency:
0 A. Agency has five or fewer employees.
0 B. Agency has cumulative contracts with the County in current fiscal year less than $15,000.
If items 1, 2, or 3 are checked, your agency is exempt from wage data reporting requirements. Sign and
date this form and return to appropriate County Department.
0 4. A Program In Our Agency Does Not Receive Any County Funds
Check this box if a program in your agency is exempt based on the fact that it receives no County funding.
Indicate the program in your agency that falls under this exemption and the number of program employees.
Program Name:
No. of Employees:
0 5. Some Positions Have Pay Rates Less Than Living Wage Rates
Check this box if any positions in this agency have any part of their pay ranges at less than the living wage
rates.
All non-profit agencies not exempt from the living wage ordinance requirements must also provide wage data
information for all employees in job classifications paying less than the current living wage standard. A form to
collect this informatio
ubject to this requirement in January 2008.
<
y knowledge.
rue and correct to th best of
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Efforts to Maintain and Increase Wages for Positions (Check all applicable boxes)
0 Our agency was able to bring all workers up to a living wage in FY
,
0 Our agency was not able to increase pay rates for employee positions in the FY 2007-08 budget.
0 Pay rates for positions in this agency were not reduced in the budget for FY 2007-08.
0 Our agency was able to give our employees the following pay increases (fill in blanks):
Cost of Living Adjustment (COLA) increases of
YO
Step or annual increases of
(YO or $$)
0 Our agency was able to increase employer-sponsored benefits (Check appropriate boxes):
0 Health insurance benefits
0 Paid sick leave/vacation leave benefits
0 Unpaid sick leave/vacation leave benefits
0 Other
L W F o m 1(5/22/07)
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0514
COUNTY OF SANTA CRUZ
REQUEST FOR APPROVAL OF AGREEMENT
TO:
Board of Supervisors
County Administrative Office
Auditor Controller
By:
I"-"-
AGREEMENT TYPE (Check One)
1 ---<
\-<"'Expenditure Agreement
i_--J
Revenue Agreement
The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.
Said Agreement is between the County of Santa Cruz Human Services Department
1.
and Youth Resources Bank, P. 0. Box 1844, Capitola, CA 95010
2.
The agreement
provide
(Name/Address)
Establish a Family Reunification / Preservation Case Services Fund
3.
Period of the agreement is from jUly I, 2008
4.
Anticipated Cost is $ 33,687
to June 30,2009
rz Not to Exceed
_
1
[IFixed
E M o n t h l y Rate
LJAnnual
Rate
Remarks: Contact: Kelli Kopeck ~ 5 2 2 4
5.
Continuing Agreements List for FY
PageCCNo Board Letter reauired, will be listed under item 8
Board Letter Required
Revenue Agreement
Detail: /--"]On
Sectio"6-II
%Section
Ill
7Section IV
T"I"'
k.2
6.
AppropriationslRevenues are available and are budgeted in 392100
Contract No: 81192-01
0 R r"."-bst Time Agreement
--"-I
(Index) 4080
(Subject)
NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AUD-60
a
have been
Appropriations
available and
are not
encumbered.
Auditor-Controlkdeputy
Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and
authorize the Human Services Department Director to execute on behalf of the County of Santa Cruz Human
6/islod
Services Departme t
Date:
By:
/
\
County Adbinisfiative Office
~-
Distribution:
Board of Supervisors - White
Auditor Controller - Canary
Auditor-Controller - Pink
Department - Gold
tate of California
ADM - 29 (4/08)
Title 1, Section 300 Proc Man
AUDITOR-CONTROLLER USE ONLY
co
Document No.
JE Amount
Lines
HKL
Keyed By
Date
TC110
Description
Ygrt
Amount
Index
Sub - 0bject
User Code
0515
Contract No. 71 192-01
INDEPENDENT CONTRACTOR AGREEMENT
This Contract is entered into this 1st day of July, 2008, by and between the COUNTY OF
SANTA CRUZ, hereinafter called COUNTY, and SANTA CRUZ COU qTY YOUTH RESOURCE
BANK, hereinafter called CONTRACTOR. The parties agree as follows:
1.
DUTIES. CONTRACTOR agrees to exercise special ski1 to accomplish the following
results for the County of Santa Cruz Human Services Department, Fan ily and Children's Services
Division:
See Attachment A, Scope of Services
2.
COMPENSATION. In consideration for CONTRACTOR accomplishing said result,
COUNTY agrees to pay CONTRACTOR as follows:
a.
CONTRACTOR assures COUNTY that an advance payment is necessary in order to
maintain program integrity. CONTRACTOR will not use advances to provide working
capital for non-county programs. When possible, advances will be deposited in
interest-bearing accounts, with said interest being used to reduce program costs.
b.
COUNTY agrees to pay CONTRACTOR a sum not to exceed $33,687 for
administering a Family ReunificatiordPreservation Case Services Fund which shall be
used to compensate service providers who have been approved by COUNTY to
provide to eligible clients those services outlined in the Scope of Services (Attachment
A) section of this agreement. COUNTY agrees that CONTRACTOR shall retain
$2,02 1 (two thousand twenty-one dollars) of the Family Reunification/ Preservation
Case Services Fund as an administrative fee, to be paid in full by COUNTY to
CONTRACTOR on March 1,2009.
C.
The Family ReunificatiodPreservation Case Services Fund amount and the
administrative fee shall be renegotiated for each subsequent fiscal year of this
Agreement.
d.
County agrees to advance CONTRACTOR the sum of $16,844 upon execution of this
Agreement.
e.
In disbursing funds from the Family Preservation Case Services Fund,
CONTRACTOR agrees to assume responsibilities outlined in the Scope of Services
(Attachment A) and COUNTY agrees to assume responsibilities outlined in County
Responsibilities (Attachment B).
f.
CONTRACTOR agrees to submit monthly expenditure reports on standard COUNTY
forms. Reports shall be based on the actual monthly costs of reimbursing service
Page 1
0516
providers. Each report shall be submitted to and approved by the HRA PSSF Liaison
prior to subsequent advances by the COUNTY.
g.
COUNTY shall monitor fund expenditures, and advance CONTRACTOR in one
subsequent increment of $16,844 when the balance of Family Preservation Case
Services Fund drops below $3,500.
h.
No later than 30 days after the end of the contract period, CONTRACTOR agrees to
submit a detailed cost report in the format prescribed the Human Resources Agency.
CONTRACTOR shall remit any unexpended funds to the COUNTY at the time
CONTRACTOR submits cost report
3.
TERM.
The term of this Contract shall be: July 1, 2008 through June 30,2009.
EARLY TERMINATION. Either party hereto may terminate this Contract at any time
4.
by giving thirty (30) days written notice to the other party.
INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.
5.
CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose
of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers)
from and against:
A.
Any and all claims, demands, losses, damages, defense costs, or liability of any kind or
nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of
persons, or damage to property as a result of, arising out of, or in any manner connected with the
CONTRACTOR’S performance under the terms of this Contract, excepting any liability arising out of the
sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or
property( ies) of CONTRACTOR and third persons.
Any and all Federal, State and Local taxes, charges, fees, or contributions required to be
B.
paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees and agents engaged in
the performance of this Contract (including, without limitation, unemployment insurance, social security
and payroll tax withholding).
6.
INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this
Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the
following insurance coverage(s) and requirements, Such insurance coverage shall be primary coverage as
respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in
excess of CONTRACTOR’S insurance coverage and shall not contribute to it. If CONTRACTOR
normally carries insurance in an amount greater than the minimum amount required by the COUNTY for
this Contract, that greater amount shall become the minimum required amount of insurance for purposes
of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances
carried by it shall be deemed liability coverage for any and all actions it performs in connection with this
Contract.
If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,
CONTRACTOR shall obtain and maintain Independent Contractor’s Insurance as to each subcontractor
or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required
of CONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here
/
.
c
Page 2
0517
A.
Types of Insurance and Minimum Limits
Worker’s Compensation in the minimum statutorily required coverage amounts.
( 1)
This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to
this fact by initialing here
Automobile Liability Insurance for each of CONTRACTOR’S vehicles used in
(2)
the performance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR’S
employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per
occurrence for bodily injury and property damage. This insurance coverage is required unless the
CONTRACTOR does not drive a vehicle in conjunction with any part of the performance of this Contract
and CONTRACTOR and COUNTY both certify to this fact by initialing here
/
,
Comprehensive or Commercial General Liability Insurance coverage in the
(3)
minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b)
personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
Professional Liability Insurance in the minimum amount of $1,000,000
(4)
combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY
-I-.
B.
Other Insurance Provisions
If any insurance coverage required in this Contract is provided on a “Claims
(1)
Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a
period of three (3) years after the expiration of this Contract (hereinafter “post Contract coverage”) and
any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or
purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being
both available and reasonably affordable in relation to the coverage provided during the term of this
Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual
policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post
Contract coverage shall be deemed to be reasonable.
All required Automobile and Comprehensive or Commercial General Liability
(2)
Insurance shall be endorsed to contain the following clause:
“The County of Santa Cruz, its officials, employees, agents and volunteers are added as
an additional insured as respects the operations and activities of, and on behalf of, the named insured’s
performance under its/his/her/their contract with the County of Santa Cruz.”
All required insurance policies shall be endorsed to contain the following clause:
(3)
“This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Kelli Kopeck
P.O. Box 1320
Santa Cruz, CA 95061
Page 3
0518
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of
(4)
these insurance provisions and provide COUNTY on or before the effective date of this Contract with
Certificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered or
sent to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Kelli Kopeck
P.O. Box 1320
Santa Cruz, CA 95061
7.
EQUAL EMPLOYMENT OPPORTUNITY.
performance of this Contract, CONTRACTOR agrees as follows:
During and in relation to the
A.
The CONTRACTOR shall not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, ancestry, physical or mental disability,
medical condition (cancer related), marital status, sexual orientation, age (over 1S), veteran status, gender,
pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be
limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or
transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notice setting forth the provisions of this non-discrimination clause.
B.
If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if
CONTRACTOR employees fifteen (1 5 ) or more employees, the following requirements shall apply:
The CONTRACTOR shall, in all solicitations or advertisements for employees
(1)
placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, national origin, ancestry, physical or mental
disability, medical condition (cancer related), marital status, sexual orientation, age (over 1S), veteran
status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include,
but not be limited to, the following: recruitment; advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training (including apprenticeship), employment, upgrading,
demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider
Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods and
services. Definitions for Minority/Women/Disabled Business Enterprises are available from the
COUNTY General Services Purchasing Division.
In the event of the CONTRACTOR’S non-compliance with the non(2)
discrimination clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for further contracts with the COUNTY.
The CONTRACTOR shall cause the foregoing provisions of subparagraphs
(3)
7B(l) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a
subcontractor compensated more than $50,000 and employing more than fifteen (1 5 ) employees, provided
that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
8.
INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have
reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is
an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all
insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is
not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to
control the manner and means of accomplishing the result contracted for herein.
Page 4
0519
PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the
manner and means of accomplishing the result contracted for.
SECONDARY FACTORS:
(a) The extent of control which, by agreement, COUNTY may
exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a
distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually
done by a specialist without supervision, rather than under the direction of an employer; (d) The skill
required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than
the COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which
CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of
CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive
activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR
and COUNTY believe they are creating an independent contractor relationship rather than an ernployeremployee relationship; and (j)The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors that
indicate that CONTRACTOR is an independent contractor.
By their signatures on this Contract, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent
contractor.
NONASSIGNMENT.
9.
written consent of the COUNTY.
CONTRACTOR shal I not assign the Contract without the prior
10.
ACKNOWLEDGMENT.
CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.
11.
RETENTION AND AUDIT OF RECORDS.
CONTRACTOR shall retain records
pertinent to this Contract for a period of not less than five ( 5 ) years after final payment under this
Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR
hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,
the Auditor General of the State of California, or the designee of either for a period of five ( 5 ) years after
final payment under this Contract.
PRESENTATION OF CLAIMS.
Presentation and processing of any or all claims
12.
arising out of or related to this Contract shall be made in accordance with the provisions contained in
Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.
13.
ATTACHMENTS.
This Contract includes the following attachments:
Attachment A: Scope of Services
Attachment B: County Responsibilities
Attachment C: Assurance of Compliance
14.
LIVING WAGE.
section is initialed by COUNTY
This Contract is covered under Living Wage provisions if this
If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of
Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees
(per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate
Page 5
.
0520
requirement of this chapter, but are not exempt from, and must adhere to, the “non-wage” related
requirements of County Code Chapter 2.122.100, 2.122.130, and 2.122.140, as well as all other applicable
portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the
term of the Contract will be considered a material breach, and may result in termination of the Contract
and/or pursuit of other legal or administrative remedies.
CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.
15.
NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS.
following requirements shall be met, in addition to any other requirements of this Contract:
A.
The
WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it
shall be a requirement of this Contract to provide links to the HelpSCC
(www.helpscc.org), Santa Cruz County Government (www.co.santa-cruz.ca.us),
and Workforce Santa Cruz County (www.workforcescc.com) web sites.
MONITORING PROGRAM FOR 501(c)(3) NONPROFIT AGENCIES. Each of the
16.
following requirements shall be met, in addition to any other requirements of this Contract.
A.
Within 180 days of the end of each of the CONTRACTOR’S fiscal years occurring
during the term of this Contract, the CONTRACTOR shall provide the Contract
Administrator with two copies of Financial Statements relating to the entirety of the
CONTRACTOR’S operations. Financial statements normally include: ( 1) a Statement of
Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of
Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional
Expenses. The Contract Administrator will forward one copy of the financial statements
to the Auditor-Controller.
(1) For the purposes of this paragraph, “CONTRACTOR’S fiscal year” shall be that
period the CONTRACTOR utilizes for its annual budget cycle.
(2) The Contract Administrator with concurrence of the County Auditor-Controller may
agree to extend the deadline for the Financial Statements required by this paragraph.
B.
In the sole discretion of the County, the requirements of this paragraph may be exempted
where the Contract Administrator and the County Auditor-Controller ascertain that such
reporting is not essential, and both certifi to its inapplicability by initialing here
(Aud);
(CA).
C.
The CONTRACTOR shall make a good faith effort to provide the Contract Administrator
with timely notice of any event or circumstance that materially impairs the
CONTRACTOR’S financial position or substantially interferes with the
CONTRACTOR’S ability to offer the services it has agreed to provide as set forth in this
Contract. The Contract Administrator shall notify the Auditor-Controller of any
impairment upon being notified by the contractor.
D.
For audit authority of the Auditor-Controller refer to the paragraph on “Retention and
Audit of Records.”
MISCELLANEOUS. This written Contract, along with any attachments, is the full and
17.
complete integration of the parties’ agreement forming the basis for this Contract. The parties agree that
this written Contract supersedes any previous written or oral agreements between the parties, and any
modifications to this Contract must be made in a written document signed by all parties. Any arbitration,
Page 6
0521
mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,
notwithstanding the fact that one of the contracting parties may reside Outside of the County of Santa
Cruz.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
3. COUNTY OF SANTA CRUZ
NTY YOUTH
By:
&,hA-
SIGNED
*
Ce&
.
PRINTED
Addres
2.
APPROVED AS TO INSURANCE:
Risk Management
4.
" bate
DISTRIBUTION:
Family and Children's Services
Auditor-Controller
Risk Management
Santa Cruz County Youth Resource Bank
Document I
Page 7
APPROVED AS TO FORM:
0522
ATTACHMENT A
SCOPE OF SERVICES
In accordance with the provisions of the County of Santa Cruz Promoting Safe and Stable
Families (PSSF) 3-year plan, CONTRACTOR shall furnish the following services:
A.
Establish a Family Reunification/Preservation Case Services Fund
The purpose of the Case Services Fund is to provide flexible, family-based, intensive,
time-limited and culturally competent intervention and treatment services, as
established by the PSSF three year plan, to families in crisis who live within the County
of Santa Cruz. The Human Resources Agency's (HRA) Child Welfare Services (CWS)
staff will complete referral forms, assess client and service provider eligibility, and
authorize expenditure of funds from the Case Services Fund.
B.
In disbursing funds to service providers authorized by the COUNTY for payment through the
Case
Services Fund, the CONTRACTOR shall be responsible for the following:
1.
Requiring that the COUNTY submit a completed Family
Reunification/Preservation Case Services Fund Check request form with a copy
of the service provider invoice and corresponding CWS client case number for
each request submitted.
2.
Releasing checks to authorized service providers only for case service activities.
3.
Paying authorized service providers in the form of a check, payable to the service
provider.
4.
Submitting a monthly expenditure report to contract monitor (report format shall
be jointly developed by COUNTY and CONTRACTOR).
5.
Developing procedures for administering the Case Services Fund. These
procedures will be subject to review by the County's contract monitor. All Case
Service Fund disbursements will have final approval by the CONTRACTOR'S
administrator or her/his designee. No fund checks will be drawn without the
CONTRACTOR'S administrator or designee's signature.
6.
Complying with all County reporting requirements.
0523
ATTACHMENT B
COUNTY RESPONSIBILITIES
A.
In assessing, selecting and referring eligible clients to receive services that will be
reimbursed by the CONTRACTOR through the Family Reunification/Preservation Case
Services Fund, the COUNTY shall be responsible for the following:
1. Establishing Client Criteria:
Families who receive intervention and treatment services through Federal Promoting
.
Safe and Stable Families Program dollars must have a child or children who have
previously been or are currently in an out-of-home placement. The placements may
be voluntary or court-ordered, and include relative, guardian, foster care or group
home placements.
2.
Determining Appropriate Event Criteria:
Eligible families must be facing one or more of the following immediate crises:
Housing/Utility Needs (deposits or one time emergencies)
Emotional/Physical Trauma
Brief Caretaker Absence
Requires Wrap Around Service Activities such as parenting skills, counseling
activities, recreation support, tutoring etc.
3.
Assessing and Authorizing Eligible Clients and Service Activities.
4.
Determining Service Provider Requirements:
a.
b.
c.
5.
Service providers must be licensed or recognized as an expert in their field.
Selection of providers will be jointly agreed upon by the eligible client and
COUNTY.
Services providers interested in receiving referrals are encouraged to submit a
statement of their professional qualifications and a proposed rate schedule to
COUNTY.
Authorizing Service Delivery
a.
COUNTY submits to CONTRACTOR completed Case Services Fund Check
request form with a copy of the service provider invoice and corresponding CWS
client case number.
COUNTY will provide CONTRACTOR with a list of staff with the authority to
b.
authorize the use of Case Services Funds.
ATTACHMENT C
0524
ASSURANCE OF COMPLIANCE
WITH THE HUMAN SERVICES DEPARTMENT
NONDISCRIMINATION IN STATE
AND FEDERALLY ASSISTED PROGRAMS
Santa Cruz County Youth Resource Bank
HEREBY AGREES THAT it will comply with Title VI and VI1 of the Civil Rights Acts of 1964 as amended;
Section 504 of the Rehabilitation Acts of 1973, as amended; the Age Discrimination Act of 1975, as
amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title II of the
Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California
Government Code Section 11135-11139.5, as amended; California Government Code Section 12940(c),
(h) (I), (i), and (j);California Government Code, Section 4450; Title 22, California Code of Regulations
98000 - 9841 3, and other applicable federal and state laws, as well as their implementing regulations
(including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91,7'CFR Part 15, and 28 CFR Part
42), by ensuring that employment practices and the administration of public assistance and social
services programs are nondiscriminatory, to the effect that no person shall because of ethnic group
identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status,
religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or
be otherwise subject to discrimination under any program or activity receiving federal or state financial
assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to
effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state
assistance; and THE VENDOWRECIPIENT HEREBY GIVES ASSURANCE THAT administrative
methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of
the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 2 1, will be
prohibited.
BY ACCEPTING THIS ASSURANCE, the vendodrecipient agrees to compile data, maintain records and submit
reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit
authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books
and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the
right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section
10605, or Government Code Section 1 1135-1 1 139.5, or any other laws, or the issue may be referred to the
appropriate federal agency for further compliance action and enforcement of this assurance.
THIS ASSURANCE is binding on the vendodrecipient directly or through contract, license, or other provider
services, as long as it receives federal or state assistance.
Date
@3rB/
fl
D
Address of Vendor/Recipient:
1
0525
COUNTY OF SANTA CRUZ
REQUEST FOR APPROVAL OF AGREEMENT
TO:
Board of Supervisors
County Administrative Office
Auditor Controller
Signature ?!edifies
-,
L- Revenue Agreement
1-5Expenditure Agreement
AGREEMENT TYPE (Check One)
that appropriationshevenues are hailable
The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.
1.
Said Agreement is between the County of Santa Cruz Human Services Department
and United Way, P. 0. Box 1458, Capitola, CA 95010
2.
The agreement will provide
( NamelAddress)
coordination of services for the Santa Cruz County Children's Network
3. Period of the agreement is from jUlyI, 2008
4.
to June 30,2009
[x
Anticipated Cost is $ 16,991
Fixed
K j M o n t h l y Rate
$r
r y Annual Rate
-1
Not to Exceed
Remarks : Contact: Kelli Kopeck x5224
5.
Continuing Agreements List for FY
PageCCNo Board Letter required, will be listed under item 8
Board Letter Required
Revenue Agreement
Detail: f-iOn
Secti6rlI
w e c t i o n Ill
"-7
Section IV
>
"I-,
1.-:
6.
Contract No: 81768-01
Appropriations/Revenues are available and are budgeted in 392400
0 R ['l"
Time Agreement
(Subject)
(Index) 5188
NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AUD-60
Appropriations
-
have been
0
encumbered.
available and
will be
are not
Auditor-Controller Deputy
Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and
authorize the Human Services Department Director to execute on behalf of the County of Santa Cruz Human
Services Departme t
Date:
S//6/0d
)
y B
County Addnistrhve Office
u
Distribution:
Board of Supervisors - White
Auditor Controller - Canary
Auditor-Controller - Pink
Department - Gold
ADM - 29 (4/08)
Title 1, Section 300 Proc Man
Bv: Dewtv Clerk
AUDITOR-CONTROLLER USE ONLY
co
Document No.
TCllO
Auditor Description
Lines
JE Amount
H/TL
Date
I
$
Amount
Keyed By
index
Su b-Object
User Code
0526
Contract No.-81768-01
INDEPENDENT CONTRACTOR AGREEMENT
This Contract is entered into this 1st day of July, 2008, by and between the COUNTY OF
SANTA CRUZ, hereinafter called COUNTY, and UNITED WAY, hereinafter called CONTRACTOR.
The parties agree as follows:
DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following
1.
results for the County of Santa Cruz Human Services Department, Family and Children’s Services
Division:
See Attachment A: Scope of Services.
2.
COMPENSATION. In consideration for CONTRACTOR accomplishing said result,
COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $16,991, processed for
payment in full after project completion, receipt of invoice, and approval of project manager.
Invoices shall be submitted monthly to:
Human Services Department
Attn: Fiscal - Accounts Payable
P.O. Box 1320
Santa Cruz, CA 95061
Copies of Invoices shall be submitted to:
Family and Children’s Services
P.O. Box 1320
Santa Cruz, CA 95061
Attn: Kelli Kopeck
3.
TERM.
The term of this Contract shall be: July 1, 2008 through June 30,2009.
EARLY TERMINATION. Either party hereto may terminate this Contract at any time
by giving thirty (30) days written notice to the other party.
4.
INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.
5.
CONTRACTOR shall exonerate, indemnifl, defend, and hold harmless COUNTY (which for the purpose
of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers)
from and against:
A.
Any and all claims, demands, losses, damages, defense costs, or liability of any kind or
nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of
persons, or damage to property as a result of, arising out of, or in any manner connected with the
CONTRACTOR’S performance under the terms of this Contract, excepting any liability arising out of the
sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or
property(ies) of CONTRACTOR and third persons.
Page 1
0527
B.
Any and all Federal, State and Local taxes, charges, fees, or contributions required to be
paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees and agents engaged in
the performance of this Contract (including, without limitation, unemployment insurance, social security
and payroll tax withholding).
6.
INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this
Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the
following insurance [email protected]) and requirements. Such insurance coverage shall be primary coverage as
respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in
excess of CONTRACTOR’S insurance coverage and shall not contribute to it. If CONTRACTOR
normally carries insurance in an amount greater than the minimum amount required by the COUNTY for
this Contract, that greater amount shall become the minimum required amount of insurance for purposes
of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances
carried by it shall be deemed liability coverage for any and all actions it performs in connection with this
Contract .
If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,
CONTRACTOR shall obtain and maintain Independent Contractor’s Insurance as to each subcontractor
or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required
/
.
of CONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here
A.
Types of Insurance and Minimum Limits
Worker’s Compensation in the minimum statutorily required coverage amounts.
( 1)
This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to
this fact by initialing here
Automobile Liability Insurance for each of CONTRACTOR’S vehicles used in
(2)
the performance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR’S
employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per
occurrence for bodily injury and property damage. This insurance coverage is required unless the
CONTRACTOR does not drive a vehicle in conjunction with any part ofthe performance of this Contract
and CONTRACTOR and COUNTY both certify to this fact by initialing here
/
.
Comprehensive or Commercial General Liability Insurance coverage in the
(3)
minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b)
personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
Professional Liability Insurance in the minimum amount of $ 1,000,000
(4)
combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY
.
-/ -
B.
Other Insurance Provisions
If any insurance coverage required in this Contract is provided on a “Claims
(1)
Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a
period of three (3) years after the expiration of this Contract (hereinafter “post Contract coverage”) and
any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or
purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being
both available and reasonably affordable in relation to the coverage provided during the term of this
Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual
Page 2
0528
policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post
Contract coverage shall be deemed to be reasonable.
All required Automobile and Comprehensive or Commercial General Liability
(2)
Insurance shall be endorsed to contain the following clause:
“The County of Santa Cruz, its officials, employees, agents and volunteers are added as
an additional insured as respects the operations and activities of, and on behalf of, the named insured’s
performance under its/his/her/their contract with the County of Santa Cruz.”
All required insurance policies shall be endorsed to contain the following clause:
(3)
“This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:
Santa Cruz County Human Services Department
Family and Children’s Serivces
Attn: Kelli Kopeck
P.O. Box 1320
Santa Cruz, CA 95061
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of
(4)
these insurance provisions and provide COUNTY on or before the effective date of this Contract with
Certificates of insurance for all required coverages. All Certificates of insurance shall be delivered or
sent to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Kelli Kopeck
P.O.Box 1320
Santa Cruz, CA 95061
7.
EQUAL EMPLOYMENT OPPORTUNITY.
performance of this Contract, CONTRACTOR agrees as follows:
During and in relation to the
A.
The CONTRACTOR shall not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, ancestry, physical or mental disability,
medical condition (cancer related), marital status, sexual orientation, age (over 1 S), veteran status, gender,
pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be
limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or
transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notice setting forth the provisions of this non-discrimination clause.
B.
If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if
CONTRACTOR employees fifteen (1 5 ) or more employees, the following requirements shall apply:
The CONTRACTOR shall, in all solicitations or advertisements for employees
(1)
placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, national origin, ancestry, physical or mental
disability, medical condition (cancer related), marital status, sexual orientation, age (over 1S), veteran
status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include,
but not be limited to, the following: recruitment; advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training (including apprenticeship), employment, upgrading,
Page 3
0529
demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider
Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods and
services. Definitions for Minority/Women/Disabled Business Enterprises are available from the
COUNTY General Services Purchasing Division.
(2)
In the event of the CONTRACTOR’S non-compliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for further contracts with the COUNTY.
The CONTRACTOR shall cause the foregoing provisions of subparagraphs
(3)
7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a
subcontractor compensated more than $50,000 and employing more than fifteen ( I 5 ) employees, provided
that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
8.
INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have
reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is
an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all
insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is
not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to
control the manner and means of accomplishing the result contracted for herein.
PRINCIPAL TEST:
The CONTRACTOR rather than COUNTY has the right to control the
manner and means of accomplishing the result contracted for.
SECONDARY FACTORS:
(a) The extent of control which, by agreement, COUNTY may
exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a
distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually
done by a specialist without supervision, rather than under the direction of an employer; (d) The skill
required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than
the COUNTY supplies the instrumentalities, tools and work place; (0 The length of time for which
CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of
CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive
activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR
and COUNTY believe they are creating an independent contractor relationship rather than an employeremployee relationship; and (i) The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors that
indicate that CONTRACTOR is an independent contractor.
By their signatures on this Contract, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent
contractor.
NONASSIGNMENT.
9.
written consent of the COUNTY.
CONTRACTOR shall not assign the Contract without the prior
10.
ACKNOWLEDGMENT.
CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.
11.
RETENTION AND AUDIT OF RECORDS.
CONTRACTOR shall retain records
pertinent to this Contract for a period of not less than five ( 5 ) years after final payment under this
Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR
Page 4
0530
hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,
the Auditor General of the State of California, or the designee of either for a period of five ( 5 ) years after
final payment under this Contract.
12.
PRESENTATION OF CLAIMS.
Presentation and processing of any or all claims
arising out of or related to this Contract shall be made in accordance with the provisions contained in
Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.
13.
ATTACHMENTS.
This Contract includes the following attachments:
Attachment A: Scope of Services
Attachment B: Budget
Attachment C: Assurance of Compliance
Attachment D: Living Wage Data Report
Attachment E: Living Wage Ordinancemon-Wage Provisions from Self-certification
Form
14.
LIVING WAGE.
section is initialed by COUNTY )(
This Contract is covered under Living Wage provisions if this
If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of
Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees
(per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate
requirement of this chapter, but are not exempt from, and must adhere to, the “non-wage” related
requirements of County Code Chapter 2.122.100, 2.122.130, and 2.122.140, as well as all other applicable
portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the
term of the Contract will be considered a material breach, and may result in termination of the Contract
and/or pursuit of other legal or administrative remedies.
CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.
15.
NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS.
following requirements shall be met, in addition to any other requirements of this Contract:
A.
The
WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it
shall be a requirement of this Contract to provide links to the HelpSCC
(www.helpscc.org), Santa Cruz County Government (www.co.santa-cruz.ca.us),
and Workforce Santa Cruz County (www.workforcescc.com) web sites.
MONITORING PROGRAM FOR 501(c)(3) NONPROFIT AGENCIES. Each of the
16.
following requirements shall be met, in addition to any other requirements of this Contract.
A.
Within 180 days of the end of each of the CONTRACTOR’S fiscal years occurring
during the term of this Contract, the CONTRACTOR shall provide the Contract
Administrator with two copies of Financial Statements relating to the entirety of the
CONTRACTOR’S operations. Financial statements normally include: (1) a Statement of
Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of
Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional
Expenses. The Contract Administrator will forward one copy of the financial statements
to the Auditor-Controller.
Page 5
0531
(1) For the purposes of this paragraph, “CONTRACTOR’S fiscal year” shall be that
period the CONTRACTOR utilizes for its annual budget cycle.
(2) The Contract Administrator with concurrence of the County Auditor-Controller may
agree to extend the deadline for the Financial Statements required by this paragraph.
B.
In the sole discretion of the County, the requirements of this paragraph may be exempted
where the Contract Administrator and the County Auditor-Controller ascertain that such
reporting is not essential, and both certify to its inapplicability by initialing here
(Aud);
(CAh
C.
The CONTRACTOR shall make a good faith effort to provide the Contract Administrator
with timely notice of any event or circumstance that materially impairs the
CONTRACTOR’S financial position or substantially interferes with the
CONTRACTOR’S ability to offer the services it has agreed to provide as set forth in this
Contract. The Contract Administrator shall notify the Auditor-Controller of any
impairment upon being notified by the contractor.
D.
For audit authority of the Auditor-Controller refer to the paragraph on “Retention and
Audit of Records.”
17.
MISCELLANEOUS. This written Contract, along with any attachments, is the full and
complete integration of the parties’ agreement forming the basis for this Contract. The parties agree that
this written Contract supersedes any previous written or oral agreements between the parties, and any
modifications to this Contract must be made in a written document signed by all parties. Any arbitration,
mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,
notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa
Cruz.
Page 6
0532
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
3. COU.NTY OF SANTA CRUZ
By:
By:
SIGNED
SIGNED
/
PRINTED
Company Name:
Address:
Telephone:
g3 !
4 1 ct74 5Ll77
Fax:
Email:
2.
APPROVED AS TO INSURANCE:
Risk Management
U L
4.
‘
DISTRIBUTION:
Family and Children’s Services
Auditor-Controller
Risk Management
United Way of Santa Cruz County
Document 1
Page 7
APPROVED AS TO FORM:
0533
ATTACHMENT A
United Way of Santa Cruz County
Coordination Capacity Building
SCOPE OF SERVICES
Staffing support services includes the following responsibilities:
1.
Send out agenda packets and publicly notice all full Network and Network Cabinet
Meetings.
2.
Maintain current roster of voting members within the Network.
3.
Take minutes of all full Network and Network Cabinet Committee meetings.
4.
Arrange for meeting rooms for the full Network and Network Cabinet meetings.
5.
Coordinate Network annual project or three-year plan, as determined by Network
Cabinet.
6.
Provide staffing to Network subcommittees as requested.
7.
Provide technical assistance for Network activities including:
information and referral regarding Network
- coordinating Network letters of support and grant applications as requiredhequested.
- coordinating funding approval processes
- preparing reports as requiredhequested to inform the Board of Supervisors of
Network activities.
- preparing Children’s Network annual report to Board of Supervisors
-
8.
Work closely with Network Cabinet Chair to ensure that necessary action items for
Network
Cabinet approval are included on agendas for Network Cabinet bi-monthly meetings.
9.
Subcontract with speakers, trainers and facilitators at the direction of the Cabinet to
enhance the success of the Network.
IO.
Assure Network activities are in compliance with legislative intent and duties outlined in
the Interagency Children’s Services Act.
0534
ATTACHMENT B
UNITED WAY OF SANTA CRUZ COUNTY
Coordination Capacity Building
FY2008-09
BUDGET
I
I
I
I
I
PERSONNEL
OP ERATlNG
EQUIPMENT
PROGRAM
TOTAL EXPENSES
[email protected] 10 %
GRAND TOTAL EXPENSES
I
I
I
I
I
Human
Services
$11,707.00
$3.585.00
$15.292.00
$1,699.00
$16,991.OO
1
I
I
I
I
ATTACHMENT C
0535
ASSURANCE OF COMPLIANCE
WITH THE HUMAN SERVICES DEPARTMENT
N0NDISCRIMINAT10N IN STATE
AND FEDERALLY ASSISTED PROGRAMS
United Way of Santa Cruz County
HEREBY AGREES THAT it will comply with Title VI and VI1 of the Civil Rights Acts of 1964 as amended;
Section 504 of the Rehabilitation Acts of 1973, as amended; the Age Discrimination Act of 1975, as
amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title II of the
Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California
Government Code Section 11135-11139.5, as amended; California Government Code Section 12940(c),
(h) (I), (i), and (j); California Government Code, Section 4450; Title 22, California Code of Regulations
98000 - 9841 3, and other applicable federal and state laws, as well as their implementing regulations
(including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91 , 7 CFR Part 15, and 28 CFR Part
42), by ensuring that employment practices and the administration of public assistance and social
services programs are nondiscriminatory, to the effect that no person shall because of ethnic group
identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status,
religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or
be otherwise subject to discrimination under any program or activity receiving federal or state financial
assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to
effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state
assistance; and THE VENDORRECIPIENT HEREBY GIVES ASSURANCE THAT administrative
methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of
the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 2 1, will be
prohibited.
BY ACCEPTNG THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit
reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit
authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books
and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the
right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section
10605, or Government Code Section 11 135-1 1 139.5, or any other laws, or the issue may be referred to the
appropriate federal agency for further compliance action and enforcement of this assurance.
THIS ASSURANCE is binding on the vendorhecipient directly or through contract, license, or other provider
services, as long as it receives federal or state assistance.
Date
5!3b/&
Address of VendodRecipient:
f
'
4ou Iq
1
[Non-Profit Attachment]
L W Form 1
County of Santa Cruz
LIVING WAGE DATA REPORT
Fiscal Y e a r & m b j07
Contract No.
Agency Name:
County Dept.
Please complete this form checking all appropriate boxes for all covered employees in your agency. Covered
employees are defined in the ordinance as any employee of a nonprofit contractor who lives or works in Santa Cruz
County. The signature and date on this form will serve as self-certifkation of the agency's ordinance exemption
status.
0 I . Collective Bargaining Agreement
Check this box if positions in this agency are represented by a bargaining unit or labor union and have a
collective bargaining agreement in effect.
d 2 . All Positions Paid Living Wage Rates ($12.65/hr with benefits; $1 3.80/hr without benefits)
If all positions in this agency have pay rates that are at or above the living wage rates, check this box.
0 3 . Living Wage Ordinance Exemption Categories
Check this box if your agency is exempt from the requirements of the ordinance. Indicate by
checking the appropriate box(es) below which exemption(s) applies to your agency:
0 A. Agency has five or fewer employees.
0 B. Agency has cumulative contracts with the County in current fiscal year less than $15,000.
If items 1,2, or 3 are checked, your agency is exempt from wage data reporting requirements. S i m and
date this form and return to appropriate County Department.
0 4. A Program In Our Agency Does Not Receive Any County Funds
Check this box if a program in your agency is exempt based on the fact that it receives no County funding.
Indicate the program in your agency that falls under this exemption and the number of program employees.
Program Name:
No. of Employees:
0 5. Some Positions Have Pay Rates Less Than Living Wage Rates
Check this box if any positions in this agency have any part of their pay ranges at less than the living wage
rates.
All non-profit agencies not exempt from the living wage ordinance requirements must also provide wage data
information for all employees in job classifications paying less than the current living wage standard. A form to
collect this information will be distributed electronically to agencies subject to this requirement in January 2008.
I certify, under penalty
e information is true and correct to the best of my knowledge.
6(
5/3+
Date
1
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Section Below is Optional
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Efforts to Maintain and Increase Wages for Positions (Check all applicable boxes)
0 Our agency was able to bring all workers up to a living wage in FY
.
0 Our agency was not able to increase pay rates for employee positions in the FY 2007-08 budget.
0 Pay rates for positions in this agency were not reduced in the budget for FY 2007-08.
0 Our agency was able to give our employees the following pay increases (fill in blanks):
YO
Cost of Living Adjustment (COLA) increases of
Step or annual increases of
(YO or $$)
0 Our agency was able to increase employer-sponsored benefits (Check appropriate boxes):
0 Health insurance benefits
0 Paid sick leavehacation leave benefits
0 Unpaid sick leave/vacation leave benefits
0 Other
L W Form I (5/21/07)
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L
won-Profit Attachment]
L W Form 2
County of Santa Cruz
FY 2 l p - q Non-Wage Provisions Self-Certification Form
Agency Name:
County Dept:
Contract No:
All nonprofit agencies receiving County funding, unless exempt from the ordinance
requirements, shall comply with the following non-wage provisions of the Living Wage
Ordinance (Chapter 2.122 of the County Code):
1 . Employee rights to report violation and to non-retaliation: (Section 2.122.1 10)
Any employee claiming violation of the Chapter may report such acts to the County
and may bring an action in the appropriate Court of the State of California or other
appropriate administrative agency, against an employer to enforce his or her rights.
Nothing in this Chapter shall preclude an employee from seeking any or all forms of
relief and damages.
2. Labor relation neutrality: (Section 2.122.130)
Contractors for services and subcontractors shall not hinder or hrther collective
bargaining organization or other collective bargaining activities by or on behalf of
an employer’s employees. However, this restriction shall not apply to any
expenditure made in the course of good faith collective bargaining, or to any
expenditure made pursuant to obligations incurred under a bona fide collective
bargaining agreement.
3. Employee retention: (Section 2.122.140)
In the event that any contract for services for an amount greater than $50,000 is
terminated by County prior to its expiration, any new contract with a subsequent
contractor for those same services shall include the following term:
Contractor shall make best efforts to offer employment to qualified employees
of the prior contractor for the performance of this contract. Such efforts shall not be
required in regard to employees who are (1) exempt under the Fair Labor Standards
Act, (2) family members of prior contractor, (3) employed by prior contractor for less
than six months, or (4) convicted of a job-related or workplace crime. Upon request
by the County, the Contractor shall demonstrate to the County that good faith efforts
have been made to comply with this provision.
Within the last five years, has your agency had any violations with the National Employees
Date
COUNTY OF SANTA CRUZ
REQUEST FOR APPROVAL OF AGREEMENT
TO:
Board of Supervisors
County Administrative Office
Auditor Controller
0536
By:
EExpenditureAgreement
AGREEMENT TYPE (Check One)
Revenue Agreement
The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.
1.
Said Agreement is between the County of Santa Cruz Human Services Department
and Santa Cruz Community Counseling Center, 195 Harvey West Blvd., Santa Cruz, CA 95060
*.
The agreement will provide
( Name/Address)
prevention I early intervention services
3.
Period of the agreement is from jUly I, 2008
4.
Anticipated Cost is $ 603,532
to June 30,2009
1
3Fixed
m M o n t h l y Rate
E Not to Exceed
Annual Rate
Remarks : Contact: Kelli Kopeck x5224
5.
on Continuing
Agreements List for FY
PageCCNo Board Letter required, will be listed under item 8
Detail:
Section I I
=Section
Ill
L--Section IV
6.
Contract No: 83485-01
0R
nlst
Time Agreement
Board Letter Required
Revenue Agreement
Appropriations/Revenues are available and are budgeted in 392100
(Index) 4080
(Subject)
NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AUD-60
have been
Appropriations
available and
L\W 34E;5
Contract No:
encumbered.
are not
L d
Auditor-Controller Deputy
Proposal and accounting detail reviewed and approved. It is recommendedthat the Board of Supervisors approve the agreement and
authorize the Human Services Department Director to execute on behalf of the County of Santa Cruz Human
Services Department
b//(/Od
Date:
BY:
h
~
Distribution:
Board of Supervisors - White
Auditor Controller - Canary
Auditor-Controller - Pink
Department - Gold
ADM - 29 (4108)
Title 1, Section 300 Proc Man
By: Deputy Clerk
AUDITOR-CONTROLLER USE ONLY
co
Document No.
TCllO
Auditor Description
Lines
JE Amount
HITL
Date
I
$
Amount
Keyed By
Index
Su b - 0bject
User Code
0537
Contract No.83485-01
INDEPENDENT CONTRACTOR AGREEMENT
This Contract is entered into this 1st day of (July 2009, by and between the COUNTY OF
SANTA CRUZ, hereinafter called COUNTY, and SANTA CRUZ COMMUNITY COUNSELING
CENTER hereinafter called CONTRACTOR. The parties agree as follows:
1.
DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following
results for the County of Santa Cruz Human Services Department, Family and Children’s Services
Division:
See Attachment A: Scope of Services
2.
COMPENSATION. In consideration for CONTRACTOR accomplishing said result,
COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $ 603,532 processed for
payment in full after project completion, receipt of invoice, and approval of project manager.
Invoices shall be submitted to:
Human Services Department
Attn: Fiscal - Accounts Payable
P.O. Box 1320
Santa Cruz, CA 95061
Copies of Invoices shall be submitted to:
Family and Children’s Services
P.O. Box 1320
Santa Cruz, CA 95061
Attn: KeIli Kopeck
3.
TERM.
The term of this Contract shall be: July 1, 2008 through June 30, 2009.
4.
EARLY TERMINATION. Either party hereto may terminate this Contract at any time
by giving thirty (30) days written notice to the other party.
INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.
5.
CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose
of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers)
from and against:
A.
Any and all claims, demands, losses, damages, defense costs, or liability of any kind or
nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of
persons, or damage to property as a result of, arising out of, or in any manner connected with the
CONTRACTOR’S performance under the terms of this Contract, excepting any liability arising out of the
sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or
property( ies) of CONTRACTOR and third persons.
’
Any and all Federal, State and Local taxes, charges, fees, or contributions required to be
B.
paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees and agents engaged in
I
Page 1
c)
d
0538
the performance of this Contract (including, without limitation, unemployment insurance, social security
and payroll tax withholding).
6.
INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this
Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the
following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as
respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in
excess of CONTRACTOR’S insurance coverage and shall not contribute to it. If CONTRACTOR
normally carries insurance in an amount greater than the minimum amount required by the COUNTY for
this Contract, that greater amount shall become the minimum required amount of insurance for purposes
of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances
carried by it shall be deemed liability coverage for any and all actions it performs in connection with this
Contract .
If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,
CONTRACTOR shal I obtain and maintain Independent Contractor’s Insurance as to each subcontractor
or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required
of CONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here
/
.
A.
Types of Insurance and Minimum Limits
Worker’s Compensation in the minimum statutorily required coverage amounts.
This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to
this fact by initialing here
( 1)
Automobile Liability Insurance for each of CONTRACTOR’S vehicles used in
(2)
the performance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR’S
employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per
occurrence for bodily injury and property damage. This insurance coverage is required unless the
CONTRACTOR does not drive a vehicle in conjunction with any part of the performance of this Contract
and CONTRACTOR and COUNTY both certify to this fact by initialing here
/
.
Comprehensive or Commercial General Liability Insurance coverage in the
(3)
minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b)
personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
Professional Liability Insurance in the minimum amount of $ 1,000,000
(4)
limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY
B.
Other Insurance Provisions
If any insurance coverage required in this Contract is provided on a “Claims
(1)
Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a
period of three (3) years after the expiration of this Contract (hereinafter “post Contract coverage”) and
any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or
purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being
both available and reasonably affordable in relation to the coverage provided during the term of this
Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual
policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post
Contract coverage shall be deemed to be reasonable.
Page 2
0539
All required Automobile and Comprehensive or Commercial General Liability
(2)
Insurance shall be endorsed to contain the following clause:
“The County of Santa Cruz, its officials, employees, agents and volunteers are added as
an additional insured as respects the operations and activities of, and on behalf of, the named insured’s
performance under its/his/her/their contract with the County of Santa Cruz.”
All required insurance policies shall be endorsed to contain the following clause:
(3)
“This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Kelli Kopeck
P.O. Box 1320
Santa Cruz, CA 95061
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of
(4)
these insurance provisions and provide COUNTY on or before the effective date of this Contract with
Certificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered or
sent to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Kelli Kopeck
P.O. Box 1320
Santa Cruz, CA 95061
7.
EQUAL EMPLOYMENT OPPORTUNITY.
performance of this Contract, CONTRACTOR agrees as follows:
During and in relation to the
The CONTRACTOR shall not discriminate against any employee or applicant for
A.
employment because of race, color, religion, national origin, ancestry, physical or mental disability,
medical condition (cancer related), marital status, sexual orientation, age (over 1 S), veteran status, gender,
pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be
limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or
transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notice setting forth the provisions of this non-discrimination clause.
B.
If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if
CONTRACTOR employees fifteen (1 5 ) or more employees, the following requirements shall apply:
The CONTRACTOR shall, in all solicitations or advertisements for employees
(1)
placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, national origin, ancestry, physical or mental
disability, medical condition (cancer related), marital status, sexual orientation, age (over 1 S), veteran
status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include,
but not be limited to, the following: recruitment; advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training (including apprenticeship), employment, upgrading,
demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider
Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods and
Page 3
0540
services. Definitions for Minority/Women/Disabled Business Enterprises are available from the
COUNTY General Services Purchasing Division.
(2)
In the event of the CONTRACTOR’S non-compliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for further contracts with the COUNTY.
The CONTRACTOR shall cause the foregoing provisions of subparagraphs
(3)
7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a
subcontractor compensated more than $50,000 and employing more than fifteen (1 5 ) employees, provided
that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
8.
INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have
reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is
an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all
insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is
not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to
control the manner and means of accomplishing the result contracted for herein.
PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the
manner and means of accomplishing the result contracted for. .
SECONDARY FACTORS:
(a) The extent of control which, by agreement, COUNTY may
exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a
distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually
done by a specialist without supervision, rather than under the direction of an employer; (d) The skill
required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than
the COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which
CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of
CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive
activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR
and COUNTY believe they are creating an independent contractor relationship rather than an employeremployee relationship; and (j)The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors that
indicate that CONTRACTOR is an independent contractor.
By their signatures on this Contract, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent
contractor.
9.
NONASSIGNMENT.
written consent of the COUNTY.
CONTRACTOR shall not assign the Contract without the prior
10.
ACKNOWLEDGMENT.
CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.
11.
RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records
pertinent to this Contract for a period of not less than five ( 5 ) years after final payment under this
Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR
hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,
Page 4
0541
the Auditor General of the State of California, or the designee of either for a period of five (5) years after
final payment under this Contract.
Presentation and processing of any or all claims
PRESENTATION OF CLAIMS.
12.
arising out of or related to this Contract shall be made in accordance with the provisions contained in
Chapter 1 .OS of the Santa Cruz County Code, which by this reference is incorporated herein.
13.
ATTACHMENTS.
This Contract includes the following attachments:
Attachment A: Scope of Services
Attachment B: Budget
Attachment C: Assurance of Compliance
Attachment D: Living Wage Data Report
Attachment E: Living Wage Ordinancemon-Wage Provisions Self-Certification
LIVING WAGE.I
14.
section is initialed by COUNTY
This Contract is covered under Living Wage provisions if this
If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of
Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees
(per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate
requirement of this chapter, but are not exempt from, and must adhere to, the “non-wage” related
requirements of County Code Chapter 2.122.100,2.122.130, and 2.122.140, as well as all other applicable
portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the
term of the Contract will be considered a material breach, and may result in termination of the Contract
and/or pursuit of other legal or administrative remedies.
CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.
15.
NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS.
following requirements shall be met, in addition to any other requirements of this Contract:
A.
The
WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it
shall be a requirement of this Contract to provide links to the HelpSCC
(www.helpscc.org), Santa Cruz County Government (www.co.santa-cruz.ca.us),
and Workforce Santa Cruz County (www.workforcescc.com) web sites.
MONITORING PROGRAM FOR 501(c)(3) NONPROFIT AGENCIES. Each of the
16.
following requirements shall be met, in addition to any other requirements of this Contract.
A.
Within 180 days of the end of each of the CONTRACTOR’S fiscal years occurring
during the term of this Contract, the CONTRACTOR shall provide the Contract
Administrator with two copies of Financial Statements relating to the entirety of the
CONTRACTOR’S operations. Financial statements normally include: ( 1) a Statement of
Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of
Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional
Expenses. The Contract Administrator will forward one copy of the financial statements
to the Auditor-Controller.
( 1 ) For the purposes of this paragraph, “CONTRACTOR’S fiscal year” shall be that
period the CONTRACTOR utilizes for its annual budget cycle.
Page 5
0542
(2) The Contract Administrator with concurrence of the County Auditor-Controller may
agree to extend the deadline for the Financial Statements required by this paragraph.
B.
In the sole discretion of the County, the requirements of this paragraph may be exempted
where the Contract Administrator and the County Auditor-Controller ascertain that such
reporting is not essential, and both certifL to its inapplicability by initialing here
(Aud);
(CA).
I
C.
The CONTRACTOR shall make a good faith effort to provide the Contract Administrator
with timely notice of any event or circumstance that materially impairs the
CONTRACTOR’S financial position or substantially interferes with the
CONTRACTOR’S ability to offer the services it has agreed to provide as set forth in this
Contract, The Contract Administrator shall notify the Auditor-Controller of any
impairment upon being notified by the contractor.
D.
For audit authority of the Auditor-Controller refer to the paragraph on “Retention and
Audit of Records.’’
17.
MISCELLANEOUS. This written Contract, along with any attachments, is the full and
complete integration of the parties’ agreement forming the basis for this Contract. The parties agree that
this written Contract supersedes any previous written or oral agreements between the parties, and any
modifications to this Contract must be made in a written document signed by all parties. Any arbitration,
mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,
notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa
Cruz.
Page 6
0543
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
1. SANTA CRUZ COMMUNITY
SIGNED
-
-
Company Name:
SIGNED
scccc
caro/yl/2p&/&W&
Email:
2.
-
APPROVED AS TO INSURANCE:
Risk Management
J
4.
. .
APPROVED AS TO FORM:
t
Asst County Counsel
DISTRIBUTION:
Family and Children’s Services
Auditor-Controller
Risk Management
Santa Cruz Community Counseling Center
Document 1
Page 7
05 44
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0552
ATTACMENT B
FY 2008-09
Families To ether
HSD-PSSFII"5IMAA
BUDGET
PERSONNEL
OPERATING
EQUIPMENT
TOTAL EXPENSES
TOTAL SUBJECT TO INDIRECT RATE
INDIRECT RATE @ 11%
GRAND TOTAL EXPENSES
Human
Services
$437,192
$200,700
0
$547,892
505.817
$55,640
$603.532
0553
ATTACHMENT C
ASSURANCE OF COMPLIANCE
WITH THE HUMAN SERVICES DEPARTMENT
NONDISCRIMINATION IN STATE
AND FEDERALLY ASSISTED PROGRAMS
Santa Cruz Community Counseling Center
HEREBY AGREES THAT it will comply with Title VI and VI1 of the Civil Rights Acts of 1964 as amended;
Section 504 of the Rehabilitation Acts of 1973, as amended; the Age Discrimination Act of 1975, as
amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title II of the
Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California
Government Code Section 11135-11139.5, as amended; California Government Code Section 12940(c),
(h) (I), (i),and (j);California Government Code, Section 4450; Title 22, California Code of Regulations
98000 - 98413, and other applicable federal and state laws, as well as their implementing regulations
(including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91,7 CFR Part 15, and 28 CFR Part
42), by ensuring that employment practices and the administration of public assistance and social
services programs are nondiscriminatory, to the effect that no person shall because of ethnic group
identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status,
religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or
be otherwise subject to discrimination under any program or activity receiving federal or state financial
assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to
effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state
assistance; and THE VENDOWRECIPIENT HEREBY GIVES ASSURANCE THAT administrative
methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of
the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 2 1, will be
prohibited.
BY ACCEPTING THIS ASSURANCE, the vendorhecipient agrees to compile data, maintain records and submit
reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit
authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books
and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the
right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section
10605, or Government Code Section 11 135-1 1 139.5, or any other laws, or the issue may be referred to the
appropriate federal agency for further compliance action and enforcement of this assurance.
THIS ASSURANCE is binding on the vendorh-ecipient directly or through contract, license, or other provider
services, as long as it receives federal or state assistance.
Date
b!?Jlcili
Director's Signbire
1
-
won-Profit Attachment]
LW Form 1
County of Santa Cruz
LIVING WAGE DATA REPORT
Fiscal Year [email protected]?
Contract No.
County Dept. b p R ?
scn/lie%
boxes for all covered employees in your agency. Covered
employees are defined in the ordinance as any employee of a nonprofit contractor who lives or works in Santa Cruz
County. The signature and date on this form will serve as self-certification of the agency’s ordinance exemption
status.
1 . Collective Bargaining Agreement
Check this box if positions in this agency are represented by a bargaining unit or labor union and have a
collective bargaining agreement in effect.
$I 2. All Positions Paid Living Wage Rates ($12.65/hr with benefits; $13.80/hr without benefits)
If all positions in this agency have pay rates that are at or above the living wage rates, check this box.
0 3. Living Wage Ordinance Exemption Categories
Check this box if your agency is exempt from the requirements of the ordinance. Indicate by
checking the appropriate box(es) below which exemption(s) applies to your agency:
0 A. Agency has five or fewer employees.
0 B. Agency has cuinulative contracts with the County in current fiscal year less than $15,000.
If items 1, 2, or 3 are checked, your agency is exempt from wage data reporting requirements. Sign and
date this form and return to appropriate County Department.
0 4. A Program In Our Agency Does Not Receive Any County Funds
Check this box if a program in your agency is exempt based on the fact that it receives no County funding.
Indicate the program in your agency that falls under this exemption and the number of program employees.
Program Name:
No. of Employees:
0 5. Some Positions Have Pay Rates Less Than Living Wage Rates
Check this box if any positions in this agency have any part of their pay ranges at less than the living wage
rates.
All non-profit agencies not exempt from the living wage ordinance requirements must also provide wage data
information for all employees in job classifications paying less than the current living wage standard. A form to
collect this information will be distributed electronically to agencies subject to this requirement in January 2008.
I certify, under penalty of perjury, that the above information is true and correct to the best of my knowledge.
Signature of ExecutiE
Efforts to Maintain and Increase Wages for Positions (Check all applicable boxes)
0 Our agency was able to bring all workers up to a living wage in FY
.
0 Our agency was not able to increase pay rates for employee positions in the FY 2007-08 budget.
0 Pay rates for positions in this agency were not reduced in the budget for FY 2007-08.
0 Our agency was able to give our employees the following pay increases (fill in blanks):
YO
Cost of Living Adjustment (COLA) increases of
Step or annual increases of
(YO or SS)
0 Our agency was able to increase employer-sponsored benefits (Check appropriate boxes):
0 Health insurance benefits
0 Paid sick leave/vacation leave benefits
0 Unpaid sick leave/vacation leave benefits
0 Other
L W Form I (5/22/07)
-
r-
-.
--r
-
LW Form 2
mon-Profit Attachment]
County of Santa Cruz
FY 2csq-e Non-Wage Provisions Self-certification Form
Agency Name: 2- q
CountyDept:wA
d p- y m Pm-nrn!m
m
m
v. P r n W f M r R l c l P J C r
Contrdt NO:
All nonprofit agencies receiving County funding, unless exempt from the ordinance
requirements, shall comply with the following non-wage provisions of the Living Wage
Ordinance (Chapter 2.122 of the County Code):
1. Employee rights to report violation and to non-retaliation: (Section 2.122.1 10)
Any employee claiming violation of the Chapter may report such acts to the County
and may bring an action in the appropriate Court of the State of California or other
appropriate administrative agency, against an employer to enforce his or her rights.
Nothing in this Chapter shall preclude an employee from seeking any or all forms of
relief and damages.
2. Labor relation neutrality: (Section 2.122.130)
Contractors for services and subcontractors shall not hinder or hrther collective
bargaining organization or other collective bargaining activities by or on behalf of
an employer's employees. However, this restriction shall not apply to any
expenditure made in the coLirse of good faith collective bargaining, or to any
expenditure made pursuant to obligations incurred under a bona fide collective
bargaining agreement.
3. Employee retention: (Section 2.122.140)
In the event that any contract for services for an amount greater than $50,000 is
terminated by County prior to its expiration, any new contract with a subsequent
contractor for those same services shall include the following term:
Contractor shall make best efforts to offer employment to qualified employees
of the prior contractor for the performance of this contract. Such efforts shall not be
required in regard to employees who are (1) exempt under the Fair Labor Standards
Act, (2) family members of prior contractor, (3) employed by prior contractor for less
than six months, or (4) convicted of a job-related or workplace crime. Upon request
by the County, the Contractor shall demonstrate to the County that good faith efforts
have been made to comply with this provision.
Within the last five years, has your agency had any violations with the National Employees
Relations Board or the California Labor Commission? Yes - No)
(
'
is in
I certify, under penalty of perjury, [email protected]&
compliance with all of the above stated non-wage provisions of the County Living Wage
Ordinance.
Signature ofExL$tive Director
LWForm2 (5/22/07)
G(Ll0k
Date
COUNTY OF SANTA CRUZ
REQUEST FOR APPROVAL OF AGREEMENT
TO:
Board of Supervisors
County Administrative Office
Auditor Controller
By:
'
. u d ~
e)
Sfgnature certifiedthat <ppropriations/revenues are availible
L
z
:
Expenditure Agreement
AGREEMENT TYPE (Check One)
0554
E
t Revenue Agreement
The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.
Said Agreement is between the County of Santa Cruz Human Services Department
1.
and Santa Cruz Community Counseling Center, 195 Harvey West Blvd., Santa Cruz, CA 95060
*'
The agreement
( NametAddress)
provide Promote Differential Response to protect children from maltreatment.
3.
Period of the agreement is from jUly 1, 2008
4.
Anticipated Cost is $ 88,924
June 30,2009
Fixed
7
[-,-,iMonthly Rate
Annual Rate
Not to Exceed
Remarks : Contact: Kelli Kopeck x5224
Continuing Agreements List for FY
PageCCNo Board Letter required, will be listed under item 8
Board Letter Required
Revenue Agreement
5. Detail: [-]On
I-._ SecticcII
Ill
IV
I
6.
Contract No: 83486-01
Appropriations/Revenues are available and are budgeted in 392100
0R
[zlst
Time Agreement
(Index) 4080
(Subject)
NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AUD-60
a
have been
available and
Appro pri ations'
are not
encumbered.
Auditor-Controller Deputy
Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and
authorize the Human Services Department Director to execute on behalf of the County of Santa Cruz Human
Services Department
Date:
,5/lbjOd
BY:
Department - Gold
AUDITOR-CONTROLLER USE ONLY
co
Document No.
Lines
JE Amount
TC110
H/TL
s,,c
Amount
Date
t
$
Auditor Description
Keyed By
Index
Sub-Object
User Code
0555
Contract No. 83486-01
INDEPENDENT CONTRACTOR AGREEMENT
This Contract is entered into this 1‘‘ day of July, 2008, by and between the COUNTY OF SANTA
CRUZ, hereinafter called COUNTY, and SANTA CRUZ COMMUNITY COUNSELING CENTER
hereinafter called CONTRACTOR. The parties agree as follows:
DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following
1.
results for the County of Santa Cruz Human Services Department, Family and Children’s Services
Division:
See Attachment A: Scope of Services
2.
COMPENSATION. In consideration for CONTRACTOR accomplishing said result,
COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $88,924, processed for
payment in full after project completion, receipt of invoice, and approval of project manager.
Invoices shall be submitted to:
Human Services Department
Attn: Fiscal - Accounts Payable
P.O. Box 1320
Santa Cruz, CA 95061
Copes 0f Invoices shall be submitted to:
Family and Children’s Services
P.O. Box 1320
Santa Cruz, CA 95061
Attn: Kelli Kopeck
3.
TERM.
The term of this Contract shall be: July 1, 2008 through June 30,2009.
EARLY TERMINATION. Either party hereto may terminate this Contract at any time
4.
by giving thirty (30) days written notice to the other party.
INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.
5.
CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose
of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers)
from and against:
Any and all claims, demands, losses, damages, defense costs, or liability of any kind or
nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of
persons, or damage to property as a result of, arising out of, or in any manner connected with the
CONTRACTOR’S performance under the terms of this Contract, excepting any liability arising out of the
sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or
property( ies) of CONTRACTOR and third persons.
A.
Any and all Federal, State and Local taxes, charges, fees, or contributions required to be
B.
paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees and agents engaged in
Page 1
0556
the performance of this Contract (including, without limitation, unemployment insurance, social security
and payroll tax withholding).
6.
INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this
Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the
following insurance coverage( s) and requirements. Such insurance coverage shall be primary coverage as
respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in
excess of CONTRACTOR’S insurance coverage and shall not contribute to it. If CONTRACTOR
normally carries insurance in an amount greater than the minimum amount required by the COUNTY for
this Contract, that greater amount shall become the minimum required amount of insurance for purposes
of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances
carried by it shall be deemed liability coverage for any and all actions it performs in connection with this
Contract .
If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,
CONTRACTOR shal I obtain and maintain Independent Contractor’s Insurance as to each subcontractor
or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required
of CONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here
/
.
A.
Types of Insurance and Minimum Limits
Worker’s Compensation in the minimum statutorily required coverage amounts.
( 1)
This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to
this fact by initialing here
Automobile Liability Insurance for each of CONTRACTOR’S vehicles used in
(2)
the performance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR’S
employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per
occurrence for bodily injury and property damage. This insurance coverage is required unless the
CONTRACTOR does not drive a vehicle in conjunction with any part of the performance of this Contract
and CONTRACTOR and COUNTY both [email protected] to this fact by initialing here
/
.
Comprehensive or Commercial General Liability Insurance coverage in the
(3)
minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b)
personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
1,000,000
Professional Liability Insurance in the minimum amount of $
(4)
limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY
B.
Other Insurance Provisions
If any insurance coverage required in this Contract is provided on a “Claims
(1)
Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a
period of three (3) years after the expiration of this Contract (hereinafter “post Contract coverage”) and
any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or
purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being
both available and reasonably affordable in relation to the coverage provided during the term of this
Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual
policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post
Contract coverage shall be deemed to be reasonable.
Page 2
0557
All required Automobile and Comprehensive or Commercial General Liability
(2)
Insurance shall be endorsed to contain the following clause:
“The County of Santa Cruz, its officials, employees, agents and volunteers are added as
an additional insured as respects the operations and activities of, and on behalf of, the named insured’s
performance under its/his/her/their contract with the County of Santa Cruz.”
All required insurance policies shall be endorsed to contain the following clause:
(3)
“This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Kelli Kopeck
P.O. Box 1320
Santa Cruz, CA 95061
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of
(4)
these insurance provisions and provide COUNTY on or before the effective date of this Contract with
Certificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered or
sent to:
Santa Cruz County Human Services Department
Family and Children’s Services
Attn: Kelli Kopeck
P.O. Box 1320
Santa Cruz, CA 95061
7.
EQUAL EMPLOYMENT OPPORTUNITY.
performance of this Contract, CONTRACTOR agrees as follows:
During and in relation to the
The CONTRACTOR shall not discriminate against any employee or applicant for
A.
employment because of race, color, religion, national origin, ancestry, physical or mental disability,
medical condition (cancer related), marital status, sexual orientation, age (over 1 S), veteran status, gender,
pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be
limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or
transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notice setting forth the provisions of this non-discrimination clause.
If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if
B.
CONTRACTOR employees fifteen ( 15) or more employees, the following requirements shall apply:
The CONTRACTOR shall, in all solicitations or advertisements for employees
(1)
placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, national origin, ancestry, physical or mental
disability, medical condition (cancer related), marital status, sexual orientation, age (over 1S), veteran
status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include,
but not be limited to, the following: recruitment; advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training (including apprenticeship), employment, upgrading,
demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider
Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods and
Page 3
0558
services. Definitions for Minority/Women/Disabled Business Enterprises are available from the
COUNTY General Services Purchasing Division.
(2)
In the event of the CONTRACTOR’S non-compliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for further contracts with the COUNTY.
The CONTRACTOR shall cause the foregoing provisions of subparagraphs
(3)
7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a
subcontractor compensated more than $50,000 and employing more than fifteen ( 15 ) employees, provided
that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
8.
INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have
reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is
an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all
insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is
not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to
control the manner and means of accomplishing the result contracted for herein.
PRJNCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the
manner and means of accomplishing the result contracted for.
SECONDARY FACTORS:
(a) The extent of control which, by agreement, COUNTY may
exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a
distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually
done by a specialist without supervision, rather than under the direction of an employer; (d) The skill
required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than
the COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which
CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of
CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive
activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR
and COUNTY believe they are creating an independent contractor relationship rather than an employeremployee relationship; and (i) The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors that
indicate that CONTRACTOR is an independent contractor.
By their signatures on this Contract, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent
con tractor.
9.
NONASSIGNMENT.
written consent of the COUNTY.
CONTRACTOR shall not assign the Contract without the prior
10.
ACKNOWLEDGMENT.
CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.
11.
RETENTION AND AUDIT OF RECORDS.
CONTRACTOR shall retain records
pertinent to this Contract for a period of not less than five ( 5 ) years after final payment under this
Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR
hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,
Page 4
0559
the Auditor General of the State of California, or the designee of either for a period of five (5) years after
final payment under this Contract.
Presentation and processing of any or all claims
PRESENTATION OF CLAIMS.
12.
arising out of or related to this Contract shall be made in accordance with the provisions contained in
Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.
13.
ATTACHMENTS.
This Contract includes the following attachments:
Attachment A: Scope of Services
Attachment B: Budget
Attachment C: Assurance of Compliance
Attachment D: Living Wage Data Report
Attachment E: Living Wage Ordinancemon-Wage Provisions Self-Certification
14.
LIVING WAGElg&Contract
section is initialed by COUNTY
is covered under Living Wage provisions if this
If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of
Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees
(per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate
requirement of this chapter, but are not exempt from, and must adhere to, the “non-wage” related
requirements of County Code Chapter 2.122.100,2.122.130, and 2.122.140, as well as all other applicable
portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the
term of the Contract will be considered a material breach, and may result in termination of the Contract
and/or pursuit of other legal or administrative remedies.
CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.
15.
NON-PROFIT CONTRACTOR MISCELLANEOUS REOUIREMENTS.
following requirements shall be met, in addition to any other requirements of this Contract:
The
A.
WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it
shall be a requirement of this Contract to provide links to the HelpSCC
(www.helpscc.org), Santa Cruz County Government (www.co.santa-cruz.ca.us),
and Workforce Santa Cruz County (www.workforcescc.com) web sites.
MONITORING PROGRAM FOR 501(c)(3) NONPROFIT AGENCIES. Each of the
16.
following requirements shall be met, in addition to any other requirements of this Contract.
A.
Within 180 days of the end of each of the CONTRACTOR’S fiscal years occurring
during the term of this Contract, the CONTRACTOR shall provide the Contract
Administrator with two copies of Financial Statements relating to the entirety of the
CONTRACTOR’S operations. Financial statements normally include: (1) a Statement of
Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of
Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional
Expenses. The Contract Administrator will forward one copy of the financial statements
to the Auditor-Controller.
(1) For the purposes of this paragraph, “CONTRACTOR’S fiscal year” shall be that
period the CONTRACTOR utilizes for its annual budget cycle.
Page 5
0560
(2) The Contract Administrator with concurrence of the County Auditor-Controller may
agree to extend the deadline for the Financial Statements required by this paragraph.
B.
In the sole discretion of the County, the requirements of this paragraph may be exempted
where the Contract Administrator and the County Auditor-Controller ascertain that such
reporting is not essential, and both certifL to its inapplicability by initialing here
(Aud);
(CAI-
C.
The CONTRACTOR shall make a good faith effort to provide the Contract Administrator
with timely notice of any event or circumstance that materially impairs the
CONTRACTOR’S financial position or substantially interferes with the
CONTRACTOR’S ability to offer the services it has agreed to provide as set forth in this
Contract. The Contract Administrator shall notify the Auditor-Controller of any
impairment upon being notified by the contractor.
D.
For audit authority of the Auditor-Controller refer to the paragraph on “Retention and
Audit of Records.”
17.
MISCELLANEOUS. This written Contract, along with any attachments, is the full and
complete integration of the parties’ agreement forming the basis for this Contract. The parties agree that
this written Contract supersedes any previous written or oral agreements between the parties, and any
modifications to this Contract must be made in a written document signed by all parties. Any arbitration,
mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,
notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa
Cruz.
Page 6
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
1. SANTA CRUZ COMMUNITY
3. COUNTY OF SANTA CRUZ
By:
By:
SIGNED
SIGNED
Company Name:
5-
Emai 1:
2.
APPROVED AS TO INSURANCE:
Risk Management
4.
$ate
DISTRIBUTION:
Family and Children's Services
0
Auditor-Controller
Risk Management
Santa Cruz Community Counseling Center
Document I
Page 7
APPROVED AS TO FORM:
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0570
ATTACMENT B
FY 2008-09
Families Together
HSD-CWSOIP
BUDGET
PERSONNEL
OPERAT1NG
EQUIPMENT
TOTAL EXPENSES
INDIRECT RATE @ 1 1 '30
GRAND TOTAL EXPENSES
$55,795
$24,316
0
$80,1I 1
$8,813
$88,924
ATTACHMENT C
057 1
ASSURANCE OF COMPLIANCE
WITH THE HUMAN SERVICES DEPARTMENT
NONDISCRIMINATION IN STATE
AND FEDERALLY ASSISTED PROGRAMS
Santa Cruz Community Counseling Center
HEREBY AGREES THAT it will comply with Title VI and VI1 of the Civil Rights Acts of 1964 as amended;
Section 504 of the Rehabilitation Acts of 1973, as amended; the Age Discrimination Act of 1975, as
amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title I I of the
Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California
Government Code Section 11135-11139.5, as amended; California Government Code Section 12940(c),
(h) (I), (i),and (j);California Government Code, Section 4450; Title 22, California Code of Regulations
98000 - 98413, and other applicable federal and state laws, as well as their implementing regulations
(including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91,7 CFR Part 15, and 28 CFR Part
42), by ensuring that employment practices and the administration of public assistance and social
services programs are nondiscriminatory, to the effect that no person shall because of ethnic group
identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status,
religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or
be otherwise subject to discrimination under any program or activity receiving federal or state financial
assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to
effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state
assistance; and THE VENDOWRECIPIENT HEREBY GIVES ASSURANCE THAT administrative
methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of
the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 2 1, will be
prohibited.
.
BY ACCEPTING THIS ASSURANCE, the vendorhecipient agrees to compile data, maintain records and submit
reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit
authorized CDSS and/or federal government personnel) during normal working hours, to review such records, books
and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the
right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section
10605, or Government Code Section 1 1 135- 1 1 139.5, or any other laws, or the issue may be referred to the
appropriate federal agency for further compliance action and enforcement of this assurance.
THIS ASSURANCE is binding on the vendorhecipient directly or through contract) license, or other provider
services, as long as it receives federal or state assistance.
&-
Director’s 3gnature
4
1
.
F
-
-_
--[Non-Profit Attachment]
LW Form 1
County of Santa Cruz
LIVING WAGE DATA REPORT
Fiscal Year [email protected]?
Agency N a m e : & h
cmz &mqmmk,
Contract No.
County D e p t . h m &.lUltCe>.
Please complete t l - $ ? ~ h % k $ g f % f ~ r o p ~ t eboxes for all covered employees in your agency. Covered
employees are defined in the ordinance as any employee of a nonprofit contractor who lives or works in Santa Cruz
County. The signature and date on this form will serve as self-certification of the agency’s ordinance exemption
status.
1 . Collective Bargaining Agreement
Check this box if positions in this agency are represented by a bargaining unit or labor union and have a
~ y r~
c
m collective bargaining agreement in effect. OW &ea./&ad wf en2. All Positions Paid Living Wage Rates ($12.65/hr with benefits; $13.80/hr without benefits)
If all positions in this agency have pay rates that are at or above the living wage rates, check this box.
Cl 3. Living Wage Ordinance Exemption Categories
Check this box if your agency is exempt from the requirements of the ordinance. Indicate by
checking the appropriate box(es) below which exemption(s) applies to your agency:
0 A. Agency has five or fewer employees.
0 B. Agency has cumulative contracts with the County in current fiscal year less than $15,000.
If items 1, 2, or 3 are checked, your agency is exempt from wage data reporting requirements. Sign and
date this form and return to appropriate County Department.
0 4. A Program In Our Agency Does Not Receive Any County Funds
Check this box if a program in your agency is exempt based on the fact that it receives no County funding.
Indicate the program in your agency that falls under this exemption and the number of program employees.
Program Name:
No. of Employees:
0 5. Some Positions Have Pay Rates Less Than Living Wage Rates
Check this box if any positions in this agency have any part of their pay ranges at less than the living wage
rates.
All non-profit agencies not exempt from the living wage ordinance requirements must also provide wage data
information for all employees in job classifications paying less than the current living wage standard. A form to
collect this information will be distributed electronically to agencies subject to this requirement in January 2008.
1 certify, under penalty of perjury, that the above information is true and correct to the best of my knowledge.
Signatukk of Executive Director
h7 (210K
Date
Efforts to Maintain and Increase Wages for Positions (Check all applicable boxes)
@. Our agency was able to bring all workers up to a living wage in FY 66-67.
0 Our agency was not able to increase pay rates for employee positions in the FY 2007-08 budget.
Pay rates for positions in this agency were not reduced in the budget for FY 2007-08.
El, Our agency was able to give our employees the followino nav increases (fill in blanks):
*qo/kCost of Living Adjustment (COLA) increases of
Step or annual increases of
. - (YO
or $$)
4 Our agency was able to increase employer-sponsored benefits (Check appropriate boxes):
0 Paid sick leave/vacation leave benefits
EL Health insurance benefits
0 Unpaid sick leave/vacation leave benefits
0 Other
L W F o m I (5/22/07)
[Non-Pro fit Attachment]
LW Form 2
County of Santa Cruz
FY2Wq-m Non-Wage Provisions Self-certification Form
h. ( ) X ~ A ~ S ~ Lc~ /_ dM f
a
Contrdt No:
x
All nonprofit agencies receiving County funding, unless exempt from the ordinance
requirements, shall comply with the following non-wage provisions of the Living Wage
Ordinance (Chapter 2.122 of the County Code):
to report violation and to non-retaliation: (Section 2.122.1 10)
1. Employee rights
Any employee claiming violation of the Chapter may report such acts to the County
and may bring an action in the appropriate Court of the State of California or other
appropriate administrative agency, against an employer to enforce his or her rights.
Nothing in this Chapter shall preclude an employee from seeking any or all forms of
relief and damages.
2. Labor relation neutrality: (Section 2.122.130)
Contractors for services and subcontractors shall not hinder or fhther collective
bargaining organization or other collective bargaining activities by or on behalf of
an employer’s employees. However, this restriction shall not apply to any
expenditure made in the course of good faith collective bargaining, or to any
expenditure made pursuant to obligations incurred under a bona fide collective
bargaining agreement.
3. Employee retention: (Section 2.122.140)
In the event that any contract for services for an amount greater than $50,000 is
terminated by County prior to its expiration, any new contract with a subsequent
contractor for those same services shall include the following term:
Contractor shall make best efforts to offer employment to qualified employees
of the prior contractor for the performance of this contract. Such efforts shall not be
required in regard to employees who are (1) exempt under the Fair Labor Standards
Act, (2) family members of prior contractor, (3) employed by prior contractor for less
than six months, or (4) convicted of a job-related or workplace crime. Upon request
by the County, the Contractor shall demonstrate to the County that good faith efforts
have been made to comply with this provision.
Within the last five years, has your agency had any violations with the National Employees
Relations Board or the California Labor Commission? Yes - No
is in
I certiQ, under penalty of perjury, tha&c)k
compliance with all of the above stated non-wage provisions of the County Living Wage
Ordinance.
-
Signature of E x b t i v e Director
LWForm2 (5/22/07)
CcIzlok
Date
0572
-
-
COUNTY OF SANTA CRUZ
REQUEST FOR APPROVAL OF AGREEMENT
~~
~-
~~~
~
\
TO:
Board of Supervisors
County Administrative Office
Auditor Controller
&4&
By:
Signature c e r t i f k that appropriationslrevenues are k d r a b l e
AGREEMENT TYPE (Check One)
Expenditure Agreement
Revenue Agreement
The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.
Said Agreement is between the County of Santa Cruz Human Services Department
1.
and NCCD, 426 South Yellowstone Drive, Suite 250, Madison, Wisconsin 53719
*.
The agreement
( Name/Address)
provide Web based reporting service utilizing CWWCMS data
3.
Period of the agreement is from jUly1, 2008
4.
Anticipated Cost is $ 74,250
June30,2010
jlFixed
=Monthly
-
Rate
E A n n u a l Rate
Not to Exceed
-
Remarks : Contact: Kelli Kopeck x5224; FY 08/09 37,125; FY 09/10 37,125
5.
Detail: U O n Continuing Agreements List for FY
PageCCSection II No Board Letter required, will be listed under item 8
W S e c t i o n Ill Board Letter Required
["J Section IV Revenue Agreement
Contract No: 83267-01
0R
Dlst
Time Agreement
_
I
6.
AppropriationslRevenues are available and are budgeted in 392100
(Index) 3665
(Subject)
NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AUD-60
have been
Appropriations
Contract No:
encum bered.
available and
By:
are not
Auditor-Controller Deputy
Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and
authorize the Human Services Department Director to execute on behalf of the County of Santa Cruz Human
Date:
Distribution:
Board of Supervisors - White
Auditor Controller - Canary
Auditor-Controller - Pink
Department - Gold
tate of California
ADM - 29 (4108)
Title 1, Section 300 Proc Man
Bv: DeDutv Clerk
'
I
AUDITOR-CONTROLLER USE ONLY
co
Document No.
Lines
JE Amount
H/TL
Keyed By
Date
TC110
~~
I
?scripti&
.$
Amount
Index
Sub - 0bject
User Code
0573
Reporting Service Subscription Agreement
For Internet Access
to SafeMeasuresB
This agreement is between‘the National Council on Crime and Delinquency, a non-profit
corporation organized under the laws of New York, with business offices in Madison,
Wisconsin, USA (”NCCD”) and the County of Santa Cruz on behalf of its Human Services
Department, Family and Children’s Services Division (collectively, “Customer”).
BACKGROUND AND
PRODUCT DESCRIPTION
A.
NCCD has developed and owns all rights, title and interest in a certain child welfare
reporting service identified as the NCCD Internet Reporting Service, and referred to as
SafeMeasuresB. SafeMeasures8 uses case level data from a child welfare agency’s
management information system (MIS) and publishes it via a conventional web-browser
in a series of concise, interactive management reports.
B.
SafeMeasuresB is a subscription reporting service which permits customers to monitor
service delivery activity by navigating an extensive set of reports presented in graph and
chart format. These reports permit them to estimate current workload demand, plan more
effective service interventions and monitor certain performance indicators established by
state or federal regulatory requirements. SafeMeasuresB includes case level quality
control displays which agencies may employ to improve compliance with state or federal
performance audits .
Acknowledging the sufficiency of the consideration exchanged, the parties agree as follows:
1.
Provision of Service.
1.1
1.2
Web Based Reports. During the Term of this Agreement, NCCD will provide
Customer with interactive web-based management reports, (“Management
Reports”) which permit the Customer to categorize agency compliance with
various measures, and permit Customer to identify the specific cases within each
category. NCCD will specifically:
(a)
Provide Management Reports within 45 business days after first receiving
raw MIS data from the Customer, and
(b)
Provide regular updates of Management Reports, provided that Customer
or another agency regularly submits raw MIS data to NCCD for
processing and analysis. Such updates will be provided within three
business days of receipt of the MIS data by NCCD.
Access to Customer Data: If requested by NCCD, Customer will supply a copy
of the CWSKMS databases, or specifically designated data tables therein, that
0574
store agency data to be used by NCCD. If data is supplied by a third party,
Customer will authorize and facilitate release of the data to NCCD.
2.
1.3
Access to Website Restricted: The right to access the SafeMeasures8 website is
jurisdiction and agency-specific. Only Customer and its employees or agents may
access or use the SafeMeasures8 website for the Customer’s monitoring and
reporting needs. Specifically, and without limitation, Customer may not act as a
relay or intermediary allowing access to the SafeMeasures8 website to any third
party jurisdiction, agency, individual, or business for any purpose.
1.4
Internal Business. Customer may only use SafeMeasures8 for its own internal
purposes. Customer’s internal purposes do not include extending this service to
third parties, except that data may be provided to state and governmental
authorities if required by law.
1.5
Competing Services or Products. Customer shall not use all or any part of
SafeMeasures8 or its documentation to create a service or product that competes
with, or is used in a product that competes with, all or any part of SafeMeasuresG.9,
regardless of whether such service or product is distributed with or without
consideration.
1.6
Copvright Ownership and License. Customer acknowledges that NCCD owns the
copyright in all graphic interfaces, reports, displays and formats, (“Original
Works”). NCCD grants Customer a fully-paid up license to display, reproduce
and distribute the Original Works for its internal purposes for the Term of the
Agreement.
1.7
Training. NCCD will provide training as specified in Exhibit A. Customer will
provide training facility, equipment, and access to NCCD Internet training site.
-
Data Transmission. Customer, or other party supplying MIS data, shall use one of the
following methods to send weekly extracts of agency MIS data to NCCD for processing
and analysis:
2.1
Compact Disk. Customer or supplying party will copy data onto one or more
compact disks and mail to NCCD via overnight delivery service; or
2.2
Secured File Transfer Protocol (SFTP) over Secure Shell (SSH). Customer or
supplying party will send data over a secure channel to NCCD’s secure SSH
server. This transfer may be made using a dedicated SSH file transfer client.
3.
Reporting Service Subscription Fee. Customer will pay NCCD the fees (“Reporting
Service Subscription Fees”) according to the payment schedule specified in attached
Exhibit A and all applicable taxes related thereto unless Customer provides evidence that
Customer is exempt from such taxes.
4.
Updates. During the Term of this Agreement, NCCD will provide to Customer updates,
error corrections, and modifications to SafeMeasuresB displays (“Updates”) as such
Updates become available. Updates do not include modifications to displays specifically
2
0575
requested by Customer. Any Customer requested modifications must be made by NCCD
at NCCD’s published service rates. NCCD reserves the right to use the displays created
for Customer, and analyses to produce such displays for other parties whether such
displays were suggested by NCCD or the Customer. NCCD shall not use any Customer
data in its publishing for other parties without Customer’s permission.
5.
Term and Termination.
5.1
Term. The Term of this Agreement shall commence on July 1,2008 and end on
June 30, 2010 unless earlier terminated pursuant to Section 5.3. After expiration
of the current Term, NCCD will not provide any Updates to Customer, and
Customer must cease all use of SafeMeasuresB.
5.2
Renewal. If Customer is not in default of this Agreement, Customer and NCCD
may renew this Agreement for an additional period (“Renewal Term”). Prior to
the expiration of the current Term, NCCD may, in its discretion, issue a quotation
of the Reporting Service Fees for the Renewal Term. Renewal of this Agreement
will be effective upon (a) NCCD’s issuance of a quotation of the new Reporting
Service Fees, and (b) NCCD’s acceptance of Customer’s corresponding purchase
order.
In order to ensure continuous access to the SafeMeasures internet reporting
service, the effective date of any renewal contract will begin one day after the
previous contract expires. If a renewal contract is not fully executed and received
by NCCD within 30 days of contract expiration, NCCD reserves the right to
discontinue access to the SafeMeasures internet reporting service until a renewal
contract is in place.
5.3
6.
Termination for Cause. A party may terminate this Agreement if the other party
commits a material breach that is not cured within 30 days of a written notice of
such material breach. This Agreement may be terminated immediately for a
breach of Customer’s obligation to pay fees under this Agreement or a breach of
Sections 1.3, 1.4, or 1.5 of this Agreement.
NCCD Warranty, Disclaimers and Remedies.
6.1
Warranty. NCCD warrants that:
(a)
(b)
Provided that Customer or another designated party regularly submits the
required raw MIS data to NCCD, SafeMeasures8 will perform
substantially as described in this contract and SafeMeasures8 promotional
material.
It is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in covered
transactions by any federal department or agency. Contractor also
warrants that it is not suspended or debarred from receiving federal funds
as listed in the List of Parties Excluded from Federal Procurement or Nonprocurement Programs issued by the General Services Administration.
3
0576
NCCD will utilize all reasonable means and due diligence to protect the
confidentiality and security of Customer data.
Except for the foregoing express warranties, NCCD neither makes nor
grants any other warranties, express or implied. NCCD excludes all
implied warranties including specifically any implied warranty arising by
statute or otherwise in or from a course of dealing or usage of trade
including any and all implied warranties of merchantability, merchantable
quality, or fitness for any purpose, particular, specific or otherwise. The
foregoing express warranty is the only warranty of any kind for
SafeMeasuresB. NCCD makes no warranties whatsoever for any Original
WorksB that have been modified by Customer nor does NCCD warrant
that SafeMeasuresB will be offered without interruption.
Customer acknowledges that NCCD provides no monitoring, analysis or
review of the accuracy or quality of the Customer's data accessed through
SafeMeasuresB.
6.2
7.
Remedies. If SafeMeasuresB does not operate substantially as warranted
(hereinafter describe as "Noncompliance"), Customer will provide NCCD with
sufficient details available to Customer about the Noncompliance to allow NCCD
to reproduce it. As Customer's exclusive remedy for any Noncompliance, and as
NCCD's entire liability in contract, tort, or otherwise of such Noncompliance,
NCCD will either:
(a)
correct the Noncompliance; or
(b)
if NCCD is unable to correct the Noncompliance after a reasonable
opportunity to do so, Customer may;
(i)
Request that NCCD cease publication of any demonstrably
incorrect information and request a pro-rata reduction in the
Reporting Service fee; or
(ii)
Terminate the Reporting Service Subscription and receive a prorated refund of the Reporting Service Subscription Fee.
Intellectual Property Indemnification by NCCD.
7.1
3-
Indemnification. If a third party claims that SafeMeasuresB infringes any
copyright, patent, trade secret, or other rights of any third party, NCCD will (as
long as Customer is not in material breach of this Agreement) defend Customer
against such claim at NCCD's expense and NCCD will pay all damages that a
court finally awards based solely on such claim, provided that Customer notifies
NCCD in writing of such claim within 21 days of Customer's receipt of notice of
the existence or possible existence of such claim, and further provided that
Customer allows NCCD sole and exclusive control over the resolution of such
claim and that Customer cooperates fully with NCCD, at NCCD's cost, in the
defense of such claim and in any related settlement negotiations.
4
0577
7.2
Replacement, Refund. If such a claim is made or appears possible, NCCD may,
using reasonable business judgment, either secure Customer’s right to continue to
use SafeMeasuresB by modifying or replacing the portion of SafeMeasuresB that
is the basis for the claim so that such portion of SafeMeasuresB is no longer
infringing, or NCCD may provide Customer with a credit equal to the portion of
previously paid Reporting Service Fee prorated to the remainder of the Term or
Renewal Term of the Agreement.
8.
Limitation of NCCD’s Liability, Consequential Damages. The cumulative liability of
NCCD to Customer for all claims relating to SafeMeasuresB and any services rendered
under this Agreement, will not exceed the total amount of all Reporting Service
Subscription Fees paid to NCCD by Customer for SafeMeasuresB during the one-year
period prior to the date NCCD is notified of such claim. This limitation will not apply to
third parties indemnification obligations set forth in Section 7. In no event will NCCD be
liable for any special, indirect, incidental or consequential losses or damages even if
NCCD has been advised of the possibility of such potential loss or damage. Except as set
forth in Section 7, and solely to the extent provided therein, NCCD will not indemnify
Customer in any way against any claim.
9.
Customer Warranties. Customer warrants that:
10.
9.1
Customer will only allow access to SafeMeasuresB as permitted under this
Agreement. If Customer wishes to extend its use of SafeMeasuresB beyond this
Agreement, Customer will obtain NCCD’s prior written consent and pay the
applicable Reporting Service Subscription Fees.
9.2
Customer will provide the requested case-based MIS data to NCCD using one of
the methods described in Section 2, or if data is supplied by another party, execute
all necessary agreements and permissions to release this data to NCCD.
General.
10.1
Installation. Customer is responsible for providing access to the SafeMeasuresB
website via the Internet to its users. NCCD will, as requested, provide reasonable
assistance (up to three hours) with set-up of user workstations and use of
SafeMeasuresB via telephone, fax, or email at no additional charge to the fees as
outlined in Exhibit A. Customer may hire NCCD to provide additional training or
assistance at the prevailing published rates plus travel expenses.
10.2
Notification of Rights. In copying SafeMeasuresB web reports as authorized
under the terms of this Agreement, Customer will not remove, suppress, or
modify any notice of copyright, trademark, or other proprietary rights that appear
in SafeMeasuresB. Customer will use reasonable efforts to keep persons with
access to SafeMeasuresB from modifying or suppressing any of the copyright
notices that appear on SafeMeasuresB media, documentation, files, and banners.
10.3
Service Fees. NCCD reserves the right to charge additional service fees if
Customer seeks assistance for any other matters not explicitly covered by this
Agreement.
4”
*k.
5
0578
10.4
Complete Agreement, Modification of this Agreement. This Agreement contains
the complete and final agreement of the parties and supersedes previous
understandings related to the subject matter hereof whether oral or written. This
Agreement may only be modified by an amendment signed by authorized
representatives of NCCD and Customer. Any term in Customer’s purchase order
that is in addition to or different from terms of this Agreement other than
acceptance of the Reporting Service Fees for the Renewal Term, are not part of
this Agreement.
10.5
Non-assiment. Neither this Agreement nor the rights of Customer under this
Agreement may be transferred, leased, assigned, or shared without NCCD’s prior
written consent.
10.6
Confidentiality. Customer will not disclose SafeMeasuresB Original Works to
anyone other than its employees, consultants (who are bound by a written
confidentiality agreement), volunteers, and interns except for information that is
or later enters the public domain through no fault of Customer.
10.7
Waiver. The waiver by either party of any default or breach of this Agreement
does not constitute a waiver of any other default or breach of this Agreement or a
subsequent waiver of that same default or breach.
10.8
Governing Law and Severability. The laws of the State of California and the
United States govern this Agreement. Customer consents to jurisdiction and
venue in the courts of Santa Cmz County, California or in the Federal District
court in the Northern District of California, for any claims arising out of this
Agreement. If any part of this Agreement is held to be invalid, that part will be
omitted, but the balance of the Agreement will remain in h l l force and effect.
10.9
Survival. All provisions of this Agreement relating to warranties, confidentiality,
non-disclosure, proprietary rights, limitation of liability, indemnification
obligations, and payment obligation survive the termination or expiration of this
Agreement.
10.10 Headings. The headings used herein are for reference and convenience only and
will not be used to interpret any provision of this Agreement.
10.11 HIPAA Compliance. NCCD will utilize all reasonable means and due diligence
to protect the confidentiality and security of Customer data. Customer
acknowledges that the privacy and security regulations issued pursuant to the
Health Insurance Portability and Accountability Act of 1996 (the “HIPAA
Privacy and Security Rules”) do not apply to the Customer data which is the
subject of this Agreement, because the data is not subject to requirements of
HIPAA. However, NCCD acknowledges that the Customer data may include
health information and other information of a personal and sensitive nature, and
will adopt and keep current confidentiality and security procedures that are
reasonably consistent with the current professional standards recommended by the
HIPAA Privacy and Security Rules.
6
0579
10.12 Notices. All notices or other communications required or permitted under this
Agreement will be in writing and will be delivered by personal delivery, email
(with delivery receipt), registered mail return receipt requested, a "Next Day Air"
delivery service, or by facsimile transmission, addressed to the parties indicated
below:
If to NCCD:
NCCD
426 South Yellowstone Drive, Suite 250
Madison, Wisconsin 53719
Attn: Peter Quigley
Phone: (608) 831-8882
Fax: (608) 831-6446
If to Customer:
Family & Children's Services
PO Box 1320
1400 Emeline Ave
Santa Cruz, CA 95061
Attn: Deborah Bresnick
Phone: 83 1-454-4285
Fax: 831-454-4717
E-mai1: deborah,br esn i ck @;hsd.co.san t a- cmz .c a.us
Direct invoices to:
Human Services Department
Attn: Fiscal - Accounts Payable
P.O. Box 1320
Santa Cruz, CA 95061
Phone: 831-454-4187
Fax: 83 1-454-4025
7
0580
IN WITNESS WHEREOF, both parties have caused this Agreement to be executed by
their respective duly authorized representatives.
NCCD:
Signature
Signature
f
C e c i l i a Espinola
Chris Baird
Name
Name
Director, Human Services Department
Title
Executive Vice President
Title
7/2/08'
Date
Date
Santa Cruz County Counsel:
Santa Cruz County Risk Management:
A p p e d as to Form
'
Date
Approved as to Insurance '
Date
8
0581
Exhibit A
Reporting Service and Additional Fees
July 1,2008 -June 30,2010
Reporting Service
$74,250 (reflects a 10% discount for two year contract)
Payment Schedule
50% of reporting service fee ($37,125) on 7/1/08 (contract effective date) payable upon
receipt of invoice.
50% of reporting service fee ($37,125) on 7/1/09 (anniversary date of contract) payable
upon receipt of invoice.
Training
Included in the annual fee:
Refresher training (if requested by Customer)
Up to 4 half-day sessions (consecutive) in a computer training facility provided by the
County to train all supervisors, managers, and administrators as requested by the County.
AdditionaVOnsite Support/Training (if requested by Customet)
For any additional onsite support or training, the following rates will apply under a separate
agreement.
Time and Materials at $150 per hour
All Travel Expenses
County Responsibilities
Provide computer lab for training
Designate at least one local SafeMeasures8 administrator to maintain user IDS and to
coordinate with CRC the handling of questions or problems regarding SafeMeasuresB
Provide access the Internet SafeMeasures8 site https://www.safemeasures.org/ca/
Source of Data
The required MIS data is currently provided to NCCD by the State of California Department of
Social Services (CDSS). In the event that CDSS permanently discontinues its provision of MIS
data for SafeMeasuresB, Customer will have the option to either provide the required MIS data
itself or terminate this Agreement with 30 days notice and receive a pro-rated refund of the
Reporting Service Fee.
9
$.
0582
COUNTY OF SANTA CRUZ
REQUEST FOR APPROVAL OF AGREEMENT
TO:
Board of Supervisors
County Administrative Ofice
Auditor Controller
&&Y
By:
Signaure certifies that appropriations/revenues are abailableAGREEMENT TYPE (Check One)
a
Expenditure Agreement
Revenue Agreement
The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.
1.
Said Agreement is between the County of Santa Cruz Human Services Department
and Children's Research Center, a division of the National Council on Crime and Delinquency, 426
SolJth YelloWStotlF! Dri
2.
(Name/Address)
The agreement will provide Consultation, develop and delivery of data reports of information entered into the two county child
welfare databases, CWSlCMS and Structured Decision Making (SDM).
3.
Period of the agreement is from jUly1, 2008
4.
Anticipated Cost is $
to June 30,2009
Fixed
E I M o n t h l y Rate
Annual Rate
Not to Exceed
Remarks : Contact: Deborah Bresnick x4285
5.
6.
c"-"iOn Continuing Agreements List for FY
PageCCNo Board Letter required, will be listed under item 8
Board Letter Required
Revenue Agreement
Detail:
Section II
Ill
ection IV
Contract No: 83618-01
AppropriationsIRevenues are available and are budgeted in 392100
0 R =Ist Time Agreement
(Subject)
(Index) 3665
NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AUD-60
have been
Appropriations
available and
encumbered.
are not
Auditor-Confreder Deputy
Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and
authorize the Human Services Dppartment Director to execute on behalf of the County of Santa CruZ Human
Services Departme t
i5?/,6/0d BY:
Date:
Countv Adminktratide Office
W
Distribution:
Board of Supervisors - White
Auditor Controller - Canary
Auditor-Controller - Pink
Department - Gold
ADM - 29 (4/08)
Title 1, Section 300 Proc Man
~
~~
~
AUDITOR-CONTROLLER USE ONLY
co
Document No.
TCllO
Auditor Description
JE Amount
Lines
H/TL
Date
I
$
Amount
Keyed By
Index
Sub - 0bject
User Code
0583
Contract No.
83618
INDEPENDENT CONTRACTOR AGREEMENT
This Contract is entered into this 1st day of July 2008, by and between the COUNTY OF SANTA
CRUZ, hereinafter called COUNTY, and NATIONAL COUNCIL ON CRIME AND DELINQUENCY,
located at 426 South Yellowstone Drive, Suite 250, Madison Wisconsin, 537 19, hereinafter called
CONTRACTOR. The parties agree as follows:
1.
DUTIES.
results:
CONTRACTOR agrees to exercise special skill to accomplish the following
Provide a monthly service for the County of Santa Cruz, Human Services Department,
Family and Children’s Division, which will include: consultation, develop and delivery
of data reports of information entered into the two county child welfare databases,
CWS/CMS and Structured Decision Making (SDM).
2.
COMPENSATION. In consideration for CONTRACTOR accomplishing said result,
COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $36,000,
processed for payment upon receipt of invoice and approval of contract manager.
Invoices shall be submitted monthly to:
Human Services Department
Attn: Fiscal - Accounts Payable
P.O. Box 1320
Santa Cruz, CA 95061
Phone: 83 1-454-4187
Fax: 83 1-454-4025
Copies of invoices shall be submitted to:
Family & Children’s Services
POBox 1320
Santa Cruz, CA 95061
Attn: Deborah Bresnick
Phone: 83 1-454-4285
Fax: 831-454-4717
E-mail: [email protected]
3.
TERM.
The term of this Contract shall be: July 1,2008 through June 30,2009.
4.
EARLY TERMINATION. Either party hereto may terminate this Contract at any time
by giving thirty (30) days written notice to the other party.
Page I
0584
INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.
5.
CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose
of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers)
from and against:
Any and all claims, demands, losses, damages, defense costs, or liability of any lund or
A.
nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of
persons, or damage to property as a result of, arising out of, or in any manner connected with the
CONTRACTOR’S performance under the terms of this Contract, excepting any liability arising out of the
sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or
property(ies) of CONTRACTOR and third persons.
Any and all Federal, State and Local taxes, charges, fees, or contributions required to be
B.
paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees and agents engaged in
the performance of this Contract (including, without limitation, unemployment insurance, social security
and payroll tax withholding).
6.
INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this
Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the
following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as
respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in
excess of CONTRACTOR’S insurance coverage and shall not contribute to it. If CONTRACTOR
normally carries insurance in an amount greater than the minimum amount required by the COUNTY for
this Contract, that greater amount shall become the minimum required amount of insurance for purposes
of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances
carried by it shall be deemed liability coverage for any and all actions it performs in connection with this
Contract.
If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,
CONTRACTOR shall obtain and maintain Independent Contractor’s Insurance as to each subcontractor
or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required
/
.
of CONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here
A.
Types of Insurance and Minimum Limits
Worker’s Compensation in the minimum statutorily required coverage amounts.
This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to
this fact by initialing here
( 1)
Automobile Liability Insurance for each of CONTRACTOR’S vehicles used in
(2)
the performance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR’S
employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per
occurrence for bodily injury and property damage. This insurance coverage is required unless the
CONTRACTOR does not drive a vehicle in conjunction with any part of the performance of this Contract
and CONTRACTOR and COUNTY both certify to this fact by initialing here
/
.
Comprehensive or Commercial General Liability Insurance coverage in the
(3)
minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b)
personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
*
(4)
Professional Liability Insurance in the minimum amount of $
Page 2
0585
combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY
-I-.
B.
Other Insurance Provisions
If any insurance coverage required in this Contract is provided on a “Claims
(1)
Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a
period of three (3) years after the expiration of this Contract (hereinafter “post Contract coverage”) and
any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or
purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being
both available and reasonably affordable in relation to the coverage provided during the term of this
Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual
policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post
Contract coverage shall be deemed to be reasonable.
All required Automobile and Comprehensive or Commercial General Liability
(2)
Insurance shall be endorsed to contain the following clause:
“The County of Santa Cruz, its officials, employees, agents and volunteers are added as
an additional insured as respects the operations and activities of, and on behalf of, the named insured’s
performance under its/his/her/their contract with the County of Santa Cruz.”
All required insurance policies shall be endorsed to contain the following clause:
(3)
“This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:
Santa Cruz County Human Services Department
Family & Children’s Services
Attn: Deborah Bresnick
PO Box 1320
1400 Emeline Ave
Santa Cruz, CA 95061
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of
(4)
these insurance provisions and provide COUNTY on or before the effective date of this Contract with
Certificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered or
sent to:
Santa Cruz County Human Services Department
Family & Children’s Services
Attn: Deborah Bresnick
PO Box 1320
1400 Emeline Ave
Santa Cruz, CA 95061
7.
EQUAL EMPLOYMENT OPPORTUNITY.
performance of this Contract, CONTRACTOR agrees as follows:
During and in relation to the
A.
The CONTRACTOR shall not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, ancestry, physical or mental disability,
medical condition (cancer related), marital status, sexual orientation, age (over 1S), veteran status, gender,
pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be
limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of
Page 3
0586
compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or
transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notice setting forth the provisions of this non-discrimination clause.
If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if
B.
CONTRACTOR employees fifteen ( 15 ) or more employees, the following requirements shall apply:
The CONTRACTOR shall, in all solicitations or advertisements for employees
(1)
placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, national origin, ancestry, physical or mental
disability, medical condition (cancer related), marital status, sexual orientation, age (over 18), veteran
status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include,
but not be limited to, the following: recruitment; advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training (including apprenticeship), employment, upgrading,
demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider
Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods and
services. Definitions for MinoritylWomedDisabled Business Enterprises are available from the
COUNTY General Services Purchasing Division.
(2)
In the event of the CONTRACTOR’S non-compliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for further contracts with the COUNTY.
The CONTRACTOR shall cause the foregoing provisions of subparagraphs
(3)
7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a
subcontractor compensated more than $50,000 and employing more than fifteen (15 ) employees, provided
that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
8.
INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have
reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is
an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all
insurance (workers compensation, unemployment, etc .) and all payroll related taxes. CONTRACTOR is
not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to
control the manner and means of accomplishing the result contracted for herein.
PRINCIPAL TEST:
The CONTRACTOR rather than COUNTY has the right to control the
manner and means of accomplishing the result contracted for.
(a) The extent of control which, by agreement, COUNTY may
SECONDARY FACTORS:
exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a
distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually
done by a specialist without supervision, rather than under the direction of an employer; (d) The shll
required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than
the COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which
CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of
CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive
activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR
and COUNTY believe they are creating an independent contractor relationship rather than an employeremployee relationship; and (i) The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors that
indicate that CONTRACTOR is an indeDendent contractor.
Page 4
0587
By their signatures on this Contract, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent
contractor.
9.
NONASSIGNMENT.
written consent of the COUNTY.
CONTRACTOR shall not assign the Contract without the prior
10.
ACKNOWLEDGMENT.
CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.
11.
RETENTION AND AUDIT OF RECORDS.
CONTRACTOR shall retain records
pertinent to this Contract for a period of not less than five (5) years after final payment under this
Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR
hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,
the Auditor General of the State of California, or the designee of either for a period of five (5) years after
final payment under this Contract.
Presentation and processing of any or all claims
PRESENTATION OF CLAIMS.
12.
arising out of or related to this Contract shall be made in accordance with the provisions contained in
Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.
13.
ATTACHMENTS.
This Contract includes the following attachments:
Exhibit A: Scope of Services and Budget
14.
LIVING WAGE.
section is initialed by COUNTY
This Contract is covered under Living Wage provisions if this
If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of
Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees
(per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate
requirement of this chapter, but are not exempt from, and must adhere to, the “non-wage” related
requirements of County Code Chapter 2.122.100,2.122.130, and 2.122.140, as well as all other applicable
portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the
term of the Contract will be considered a material breach, and may result in termination of the Contract
and/or pursuit of other legal or administrative remedies.
CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.
15.
NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS.
following requirements shall be met, in addition to any other requirements of this Contract:
A.
The
WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it
shall be a requirement of this Contract to provide links to the HelpSCC
(www.helpscc.org), Santa Cruz County Government (www.co.santa-cniz.ca.us),
and Workforce Santa Cruz County (www.workforcescc.com) web sites.
MONITORING PROGRAM FOR 501(c)(3) NONPROFIT AGENCIES. Each of the
16.
following requirements shall be met, in addition to any other requirements of this Contract.
Page 5
4
0588
A.
Within 180 days of the end of each of the CONTRACTOR’S fiscal years occurring
during the term of this Contract, the CONTRACTOR shall provide the Contract
Administrator with two copies of Financial Statements relating to the entirety of the
CONTRACTOR’S operations. Financial statements normally include: (1) a Statement of
Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of
Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional
Expenses. The Contract Administrator will forward one copy of the financial statements
to the Auditor-Controller.
(1) For the purposes of this paragraph, “CONTRACTOR’S fiscal year” shall be that
period the CONTRACTOR utilizes for its annual budget cycle.
(2) The Contract Administrator with concurrence of the County Auditor-Controller may
agree to extend the deadline for the Financial Statements required by this paragraph.
B.
In the sole discretion of the County, the requirements of this paragraph may be exempted
where the Contract Administrator and the County Auditor-Controller ascertain that such
reporting is not essential, and both certiQ to its inapplicability by initialing here
(Aud);
(CA).
C.
The CONTRACTOR shall make a good faith effort to provide the Contract Administrator
with timely notice of any event or circumstance that materially impairs the
CONTRACTOR’S financial position or substantially interferes with the
CONTRACTOR’S ability to offer the services it has agreed to provide as set forth in this
Contract. The Contract Administrator shall notifjr the Auditor-Controller of any
impairment upon being notified by the contractor.
D.
For audit authority of the Auditor-Controller refer to the paragraph on “Retention and
Audit of Records.”
17.
MISCELLANEOUS. This written Contract, along with any attachments, is the full and
complete integration of the parties’ agreement forming the basis for this Contract. The parties agree that
this written Contract supersedes any previous written or oral agreements between the parties, and any
modifications to this Contract must be made in a written document signed by all parties. Any arbitration,
mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,
notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa
cruz.
Page 6
0589
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
3. COUNTY OF SANTA CRUZ
1. NATIONAL COUNCIL ON CRIME AND
DELINQUENCY
By:
SIGNED
Company Name:
I
r_r,
Address: 426 South Yellowstone Drive, Suite 250
Madison, WI 53719
Telephone: 608.83 1.8882
Fax:
Email:
2.
608.83 1.6446
+&[email protected]
vvLb3sA
APPROVED AS TO INSURANCE:
Risk Management
4.
Dhte
DISTRIBUTION:
Family & Children’s Services
Auditor-Controller
Risk Management
Contractor
Page 7
APPROVED AS TO FORM:
0590
Exhibit A
Scope of Services -Fiscal Year 08-09
Children’s Research Center a division of the National Council on Crime and Delinquency
1. Purpose of Contract: The purpose of this contract is to provide monthly data reporting services
to meet the County of Santa Cmz’s Human Services Department, Family and Children’s Services
(FCS) specific data analysis needs. These data analysis needs were initially identified in a
community assessment process from 2007, which resulted in Santa Cruz County’s current System
Improvement Plan (SIP). One of the strategies of the SIP is to increase FCS and stakeholder
knowledge on the local child welfare system by having on-going reviews of the characteristics
and outcomes of children and families involved with FCS. These reviews will increase the
capacity of staff to monitor and affect systems improvement efforts. A key component of this
review will be the development and submission of data reports by the contractor, Children’s
Research Center (CRC) a division of National Council on Crime and Delinquency (NCCD).
2. Contract Description: Children’s Research Center (CRC) shall provide ad hoc and routine
monthly reports, developed from the Child Welfare Services/Case Management System
(CWS/CMS) data and Structured Decision Making (SDM) data.
a. Number of Reports: The contractor will develop and submit a routine set of up to five
monthly reports. In addition, each month FCS can request up to three ad hoc reports.
Contractor shall provide these ad hoc reports within ten business days of county request.
The five routine reports will be provided each month on a date agreed upon by the
County of Santa Cruz and Contractor.
b. Types of Reports: These ad hoc and routine reports will be conducted via queries on any
fields available in CWS/CMS or Safe Measures to which the Contractor can obtain
access. Examples of these reports include lists of children with particular characteristics
such as having parents who FCS has determined to be abusing substances and reports on
the demographics of children with specific risk levels.
C. Documentation of Reports: Contractor shall provide a detailed methodology of the
development and structure of the report at time of delivery. A web-based trackmg system
will be used to submit all requests identifying submission date and time and request
status. For routine reports, the methodology only needs to be provided by the Contractor
once, and does not have to be submitted with each updated monthly. For any subsequent
revisions, the methodology would also only be provided once.
d. Phone consultation: Contractor shall provide consultation on reports to assist FCS with
developing internal consistency and reliability of data. Phone meetings shall occur on a
monthly basis or as needed. A County of Santa Cruz Human Services Department, FCS
Analyst will be a liaison to CRC for this project. It is noted that upon learning of data
transmission issues with State, Contractor must notify the County via e-mail.
e. Other: Concurrent planning resource allocation assessment. Contractor shall provide
consultation and analysis for the concurrent planning resource allocation assessment.
This is an extension of work started in 2008 and will continue through the contract
period. Consulting and analysis will be provided in lieu of ad hoc requests as agreed
upon between Contractor and County.
Page 8
0591
3. Contract Budget and Deliverables: Costs are based on a monthly service fee. Payments in
equal installments will be made over the time of the contract.
1
11
I
1
Services and Deliverables
Timeline
1
Total
Delivery of up to 5 routine reports and 3 ad hoc Reports
July 2008
$3,000
Delivery of up to 5 routine reports and 3 ad hoc Reports
August 2008
$3,000
Delivery of up to 5 routine reports and 3 ad hoc Reports
September 200 8
$3,000
Delivery of up to 5 routine reports and 3 ad hoc Reports
October 2008
$3,000
Delivery of up to 5 routine reports and 3 ad hoc Reports
Delivery of up to 5 routine reports and 3 ad hoc reports
1I
November 2o08
December 2008
I
I
$3,000
$3,000
Delivery of Up to 5 routine reports and 3 ad hoc reports
January 2009
$3,000
Delivery of Up to 5 routine reports and 3 ad hoc reports
February 2009
$3,000
Delivery of Up to 5 routine reports and 3 ad hoc reports
March 2009
$3,000
Delivery of Up to 5 routine reports and 3 ad hoc reports
April 2009
$3,000
Delivery of Up to 5 routine reports and 3 ad hoc reports
May 2009
$3,000
Delivery of Up to 5 routine reports and 3 ad hoc reports
June 2009
$3,000
I
Totalcost
Page 9
$36,000
b
1
*
'1
ad.
t?
.-j
COUNTY OF SANTA CRUZ
REQUEST F ~ APPROVAL
R
OF AGREEMENT
e
4
c
TO:
Board of Supervisors
!ARTM ENT
r
County Administrative d i c e
Auditor Controller
9/!55/g'
(Signature)
a e)
Signature certifies that appropriations/revenues are available
k
EExpenditure Agreement
AGREEMENT TYPE (Check One)
Revenue Agreement
The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.
Said Agreement is between the County of Santa Cruz Human Services Department
1.
,:,anoirst 5 Santa Cruz County Commission, P. 0. Box 1456, Capitola, CA 95010
'.
2.
The agreement
(NarnelAddress)
provide First Five funding agreement with Human Services to develop and implement the Differential
Response System
3.
Period of the agreement is from jUiy1, 2008
4.
Anticipated Cost is $ 479,147
to June 30,2009
A
DFixed
D M o n t h l y Rate
PageCCNo Board Letter required, will be listed under item 8
Board Letter Required
Revenue Agreement
5. --" Detail: I j O n Continuing Agreements List for FY
L.-1 Section II
Section Ill
Section IV
6.
E A n n u a l Rate
Contract No: R851
Appropriations/Revenues are available and are budgeted in 392100
Not to Exceed
0 R r----'
L-.."",l 1st Time Agreement
(Subject)
(Index) 2384
I
NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AUD-60
~
~~~~~
38
t.\, 5 I
Contract No;
are
01 I\ \ 08
encumbered.
Appropriations
will be
are not
Date:
By:
I t "
\
A u d i t o r - C o n k h e puty
Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and
authorize the Human Services Department Director to execute on behalf of the County of Santa Cruz Human
Services Department
Date:
6//b/&
By:
&%tup/t r"
,.-Countv Administrahve Office
W
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Distribution:
Board of Supervisors - White
Auditor Controller - Canary
Auditor-Controller - Pink
Department - Gold
ADM - 29 (4/08)
Title 1, Section 300 Proc Man
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,
Bv: DeDutv Clerk
AUDITOR-CONTROLLER USE ONLY
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Document No.
TC110
Auditor Description
JE Amount
Lines
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Amount
Keyed By
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Sub-object
User Code
Con tract #08-09-00 1
SERVICE AGREEMENT
PARTIES TO AGREEMENT: First 5 Santa Cruz County Commission, hereinafter called
1.
"COMMISSION", and the County of Santa Cruz by and through the Human Services
Department, hereinafter called "CONTRACTOR", hereby agree as follows:
TERM OF AGREEMENT: This Agreement shall become effective as of July 1,2008
2.
and shall continue in effect through June 30, 2009 unless sooner terminated in accordance with
paragraph 19.
3.
BASIS OF PAYMENT:
In consideration of services rendered, COMMISSION shall pay CONTRACTOR on
A.
the basis of appropriate claims submitted to the COMMISSION in accordance with Exhibit "A"
("ExpendituresPositions and Salaries"), incorporated herein by reference, to be submitted by
CONTRACTOR to COMMISSION prior to the release of any payments under this Agreement. In
no event shall the cumulative payments made by COMMISSION to CONTRACTOR under this
Agreement exceed the sum of $479,147 These funds may not be used to supplant other funds.
In accordance with Exhibit "A" ("ExpendituresPositions and Salaries"),
B.
CONTRACTOR shall be permitted to make transfers within the category of "General Expenses."
Transfers within the "Personnel Expenses" category may also be made. Transfers between the
categories of "Personnel Expenses" and "General Expenses" may be made providing the transfer is
less than 10% of the total budget. Transfers between budget categories totaling more than 10% of
the budget may be made only upon prior written approval of the Executive Director of First 5 Santa
Cruz County Commission.
All fixed assets purchased under this Agreement, and valued in excess of $1,000.00
C.
at the time of purchase, shall become the property of the COMMISSION at the conclusion or
termination of this Agreement unless a different disposition is agreed to in writing by the
COMMISSION.
D.
CONTRACTOR shall submit grant request/expenditure report forms as provided by
the COMMISSION for any payments made under this Agreement.
E.
Upon "final execution" of the Contract and receipt of all required documents, the
CONTRACTOR may receive, upon request, a three-month advance. Subsequently
CONTRACTOR shall submit a monthly expenditure report by the third Monday of each month
for the previous month's expenditures. Upon submission and approval of these reports,
CONTRACTOR will receive a reimbursement for the reported month's expenditures within 10
working days. Due to varying dates of when each agency closes its books, an agency shall be
granted a three-day grace period to submit a monthly expenditure report. However, if the report
is submitted within this three-day grace period, it is not guaranteed that a check will be cut
within ten working days.
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’
The final report is due to the COMMISSION on or before July 20,2009. All unused hnds,
including the unused portions of any advance or interest on any advance, shall be returned to the
COMMISSION at that time.
CONTRACTOR may receive an advance only if it provides an original Certificate of
F.
Insurance naming the COMMISSION as loss payee and which must be submitted to the
COMMISSION as part of the advance request and at renewal as in paragraph 9B(4).
G. CONTRACTOR shall not use cash advances to provide working capital for nonCOMMISSION programs, and when possible such advances shall be deposited in interest-bearing
accounts, and the interest used to reduce program costs. Carry-over of any portion of an advance or
interest from an advance into a subsequent fiscal year is prohibited.
PERFORMANCE STANDARDS, DUTIES AND RESPONSIBILITIES:
Unless CONTRACTOR is a public entity, it shall comply with evaluation requirements
A.
to monitor fulfillment of client outcome objectives, terms and conditions and all other requirements
contained in COMMISSION approved Exhibit “B” (“Scope of Work-FY 08-09”), attached hereto
and incorporated herein by this reference. CONTRACTOR shall provide all of the work described in
Exhibit “B” (“Scope of Work-FY 08-09”). Substandard performance as determined by the Executive
Director of First 5 Santa Cruz County Commission shall constitute non-compliance with this
Agreement. If action to correct such substandard performance is not taken by CONTRACTOR
within a reasonable period of time, as specified by the Executive Director of First 5 Santa Cruz
County, the COMMISSION may take action to enforce its rights under this Agreement, including,
but not limited to, initiating early termination of the Agreement pursuant to paragraph 19.
4.
CONTRACTOR shall participate and cooperate fully with any evaluation services vendor selected
by the COMMISSION. CONTRACTOR shall also participate and cooperate hlly with any
California First 5 Commission evaluation services vendor. CONTRACTOR shall establish and use
outcome based evaluation to assess the quality and effectiveness of services provided under this
Agreement. This outcome-based evaluation shall, at a minimum, consist of the following:
1. Identification of target population including projected nuinber of clients to be
served by this Agreement.
2. Identification of appropriate and measurable client outcome.
3. Identification of appropriate implementation activities to meet client outcome.
4. Identification of appropriate method of measurement.
5. True and complete collection, reporting, and submission of Client Characteristic
and Outcome related data to COMMISSION, Commission evaluation services
vendor, and/or California First 5 Commission evaluation services vendor.
Outcome data will not be deemed final until verified by COMMISSION’S
evaluation services vendor.
B.
Unless CONTRACTOR is a public entity, it shall submit evidence of incorporation
by the State of California to the COMMISSION in order for payments to be made to
CONTRACTOR. Payments to CONTRACTOR shall not be made if Articles of Incorporation and
a valid tax ID number have not been submitted.
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CONTRACTOR shall submit quarterly reports to COMMISSION on activities as
C.
specified in Exhibit "B" ("Scope of Work-FY 08-09"), and such additional reports as may be
requested by the COMMISSION, describing work progress in completing the approved objectives
under this Agreement by the following dates:
Quarter 1 - October 20,2008
Quarter 2 - January 20,2009
Quarter 3 -April 20,2009
Quarter 4 - July 20,2009
Quarterly reports shall consist of programmatic and evaluative reports that shall include a fully
completed "Quarterly Report on Outcomes" and client characteristic data submitted using the
"Client Characteristic Data Sheet" until otherwise determined by Commission. Quarterly
submissions shall include all client outcome data collected and presented in the format specified by
First 5 Santa Cruz County.
D.
CONTRACTOR shall be responsible for reporting to COMMISSION any difficulties
in complying with the terms and provisions of this Agreement at the earliest possible date.
E.
The Board of Directors of CONTRACTOR shall be vested with responsibility for the
administration of the program to be conducted under this Agreement, and shall review all
monitoring reports and notices of corrective actions/recommendations provided by the
COMMISSION. CONTRACTOR shall report on progress toward completion of corrective
actiondrecommendations in its final quarterly report to COMMISSION.
F.
The timely submission of all reports is a necessary and material term and condition of
this Agreement. COMMISSION may stop payments under this Agreement when CONTRACTOR
has not submitted quarterly reports to COMMISSION according to the dates specified in
subparagraph 4C.
G.
If applicable, CONTRACTOR agrees to comply with all the special conditions
contained in Exhibits ''D" ("Amendment of Auto Liability Insurance Requirement"), "D 1I'
("Amendment of Comprehensive or Commercial General Liability Insurance Requirement"), or
"D2" ("Insurance Representations by CONTRACTOR"), attached hereto and incorporated herein
by this reference, in the provision of services under this Agreement.
H.
The CONTRACTOR agrees that whenever information related to the program
funded under this Agreement appears on or in purchased materials, reports, the media or in
CONTRACTOR publications, CONTRACTOR shall acknowledge the financial support of the
First 5 Santa Cruz County Commission according to the COMMISSION'S Acknowledgement
Guidelines, incorporated herein by reference as Exhibit "E" if CONTRACTOR and First 5 Santa
Cruz County both initial here &/ /
.
P \2008-2009 Direct Service Grants\OE-09 ContractA2008-09 HSD doc
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The CONTRACTOR agrees to participate in the Medi-Cal Administrative Activities
I.
(MAA) program, and to include MAA activities (such as Medi-Cal outreach and planning,
assistance with Medi-Cal eligibility, and access to Medi-Cal program services) and to report on
MAA activities quarterly and/or participate in an annual time-study, if CONTRACTOR and First 5
Santa Cruz County both initial here @ /
q.
The CONTRACTOR shall comply with the Santa Cruz County Cultural Competence
J.
Guidelines, incorporated herein b,y re erence as Exhibit “F” if CONTRACTOR and First 5 Santa
1% .
Cruz County both initial here
d A
The CONTRACTOR shall comply with the First 5 California Principles on Equity,
K.
incorporated herein by reference as Exhibit “G” if CONTRACTOR and First 5 Santa Cruz County
both initial here
/
The CONTRACTOR agrees to establish a Customer Service Plan by defining its
L.
agency’s standards and its plan to provide excellent customer service, by reference as Exhibit “H”
if CONTRACTOR and First 5 Santa Cruz County both initial here
/
&
FISCAL, ADMINISTRATIVE AND PROGRAMMATIC RECORDS:
5.
CONTRACTOR shall retain records pertinent to this Agreement for a period of not less than five
( 5 ) years after the final payment under this Agreement. CONTRACTOR hereby agrees to make all
fiscal, administrative, programmatic and client records available to the COMMISSION, the Santa
Cruz County Auditor-Controller, the Auditor General of the State of California, or any authorized
representative thereof, upon request, during the term of this Agreement and for a period of five (5)
years after final payment under this Agreement for monitoring and audit purposes and to verify
CONTRACTOR’S compliance with the terms of this Agreement.
6.
TRANSFER OF DATA AND RECORDS:
CONTRACTOR agrees to provide COMMISSION with all records required by the COMMISSION
for the evaluation of the services contracted and/or program. Such records may be used by the
COMMISSION for evaluation purposes. CONTRACTOR and COMMISSION agree to comply
with all federal and state laws and regulations regarding the transfer of records that contain
confidential and/or client-identifiable information.
7.
CONFIDENTIALITY: Except as expressly authorized in writing by the client, the
CONTRACTOR shall protect from unauthorized disclosure, except as authorized by the client in
writing, names and other identifying information concerning persons receiving services under this
Agreement. The CONTRACTOR shall also comply with all federal and state laws and regulations
regarding the confidentiality of records and information it acquires.
8.
INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS:
CONTRACTOR shall exonerate, indemnify, defend, and hold harmless the County of Santa
Cruz and the COMMISSION (which for the purpose of paragraphs 8 and 9 shall include, without
limitation, its officers, agents, employees and volunteers) from and against:
P.\2008-2009 Direct Service Grants\O8-09 Contracts\2008-09 HSD doc
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A.
Any and all claims, demands, losses, damages, defense costs, or liability of any kind
or nature which the County of Santa Cruz or the COMMISSION may sustain or incur or which may
be imposed upon them for injury to or death of persons, or damage to property as a result of, arising
out of, or in any manner connected with the CONTRACTORS performance under the terms of this
Agreement, excepting any liability arising out of the sole negligence of the County of Santa Cruz or
the COMMISSION. Such indemnification includes any damage to the person(s), or property(ies)
of CONTRACTOR and third persons.
Any and all Federal, State, and local taxes, charges, fees, or contributions required to
B.
be paid with respect to CONTRACTOR and CONTRACTOR'S officers, employees and agents
engaged in the performance of this Agreement (including, without limitation, unemployment
insurance, social security and payroll tax withholding).
INSURANCE: A self-insured public entity shall be exempt from the requirements of this
9.
paragraph, otherwise, CONTRACTOR, at its sole cost and expense, for the full term of this
Agreement (and any extensions thereof), shall obtain and maintain at minimum compliance with all
of the following insurance coverage(s) and requirements. Such insurance coverage shall be
primary coverage as respects COMMISSION and any insurance or self-insurance maintained by
COMMISSION shall be in excess of CONTRACTOR'S insurance coverage and shall not
contribute to it.
If CONTRACTOR utilizes one or more subcontractors in the performance of this
Agreement, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to
each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor
equivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and
COMMISSION both initial here
/
.
A.
Types of Insurance and Minimum Limits
Worker's Compensation in the minimum statutorily required coverage
( 1)
amounts. This insurance coverage shall not be required if CONTRACTOR has no employees and
.
certifies to this fact by initialing here
Automobile Liability Insurance for each of CONTRACTOR's vehicles used in
(2)
the performance of this Agreement, including owned, non-owned (e.g. owned by
CONTRACTOR'S employees), leased or hired vehicles, shall be provided in the minimum amount
of $500,000 combined single limit per occurrence for bodily injury and property damage. This
insurance coverage shall not be required if vehicle use by CONTRACTOR is not a material part of
performance of this Agreement and CONTRACTOR and COMMISSION both certifL to this fact
by initialing here
/
.
Comprehensive or Commercial General Liability Insurance coverage in the
(3)
minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury,
(b) personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
P \2008-2009
Direct Service Grants\08-09 Contracts'12008-09 HSD doc
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Professional Liability Insurance in the minimum amount of $1,000,000
(4)
combined single limit, if, and only if the subparagraph is initialed by CONTRACTOR and
COMMISSION
/
.
B.
Other Insurance Provisions
If any insurance coverage required hereunder is provided on a "Claims Made"
(1)
rather than "Occurrence" form, CONTRACTOR agrees to maintain the required coverage for a
period of three (3) years after the expiration date of this Agreement (hereinafter "post agreement
coverage") and any extensions thereof. CONTRACTOR may maintain the required post agreement
coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon
post agreement coverage being both available and reasonably affordable in relation to the coverage
provided during the term of this Agreement. For purposes of interpreting this requirement, a cost
not exceeding 100% of the last annual policy premium during the term of this Agreement in order
to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be
reasonable.
All required Automobile and Comprehensive or Commercial General Liability
(2)
Insurance shall be endorsed to contain the following clause:
"The First 5 Santa Cruz County Commission, its officials, employees, agents
and volunteers are added as an additional insured as respects the operations
and activities oJ or on behalfox the named insured performed under
agreement with the Commission."
(3)
All required insurance policies shall be endorsed to contain the following
clause:
"This insurance shall not be canceled until after thirty (30) days prior written
notice has been given to: Executive Director, First 5 Santa Cruz County
Commission, P. 0.Box 145 7, Capitola, CA 9501 0
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of
(4)
these insurance provisions and provide COMMISSION on or before the effective date of this
Agreement and the time of renewal of each required insurance policy with Certificates of Insurance
for all required coverages. The timely submission of Certificates of Insurance is a necessary and
material term and condition of this Agreement. COMMISSION may stop payments under this
Agreement when Certificates of Insurance have not been submitted to COMMISSION by
CONTRACTOR within fifteen (15) days after effective date of Agreement and within fifteen (15)
days after expiration date of each required insurance policy. All Certificates of Insurance shall be
delivered or sent to: First 5 Santa Cruz County, P.O. Box 1457, Capitola, California 95010.
10. EQUAL EMPLOYMENT OPPORTUNITY: During and in relation to the performance of
this Agreement, CONTRACTOR agrees as follows:
CONTRACTOR shall not discriminate against any employee or applicant for
A.
employment because of race, color, creed, religion, national origin, ancestry, disability, medical
condition (cancer related and genetic characteristics), marital status, sex, sexual orientation, age
(over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties.
P \2008-2009 Direct Service Grants\O8-09 Contracts\2008-09 HSD doc
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*
Such action shall include, but not be limited to the following: recruitment; advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training (including
apprenticeship); employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to
post in conspicuous places available to employees and applicants for employment, notices setting
forth the provisions of this non-discrimination clause.
If this Agreement provides compensation in excess of $50,000 to CONTRACTOR
B.
and CONTRACTOR employs fifteen (1 5 ) or more employees, the following requirements shall
apply:
(1) The CONTRACTOR shall, in all solicitations or advertisements for employees
placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive
consideration for employment without regard to race, color, creed, religion, national origin,
ancestry, disability, medical condition (cancer related and genetic characteristics), marital status,
sex, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit
factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to
consider Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR'S solicitation
of goods and services. Definitions for Minority/Women/Disabled Owned Business Enterprises are
available from the COMMISSION and shall be based on the Definitions authorized by the Santa
Cruz County General Services Purchasing Division.
(2) The CONTRACTOR shall furnish COMMISSION Equal Employment
Opportunity Office information and reports in the prescribed reporting format (PER 40 12),
identifying the sex, race, physical or mental disability, and job classification of its employees, and
the names, dates and methods of advertisement and direct solicitation efforts made to subcontract
with Minority/Women/Disabled Owned Business Enterprises.
(3) The CONTRACTOR shall cause the foregoing provisions of Subparagraph 1OB
to be inserted in all subcontracts for any work covered under this Agreement by a subcontractor
compensated more than $50,000 and employing more than fifteen (1 5 ) employees, provided that the
foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
C.
No person or client shall, on the grounds of race, color, religion, national origin,
ancestry, disability, medical condition (cancer related), marital status, sex, sexual orientation,
gender, pregnancy, age (over 18), or veteran status be excluded from participation in, be denied the
benefits of, or be subjected to discrimination in any program conducted under this Agreement.
CONTRACTOR shall implement written grievancekomplaint procedures regarding
D.
the nod-discrimination provisions of this Agreement within 30 days of its effective date and shall
post its non-discrimination policies and said grievancelcomplaint procedures in conspicuous places
available to all clients, employees and applicants for employment.
In the event of the CONTRACTORS non-compliance with the non-discrimination
E.
clauses of this Agreement or with any of the said rules, regulations, or orders, this CONTRACTOR
may be declared ineligible for further agreements with the COMMISSION.
P \2008-2009 Direct Service Grants\OS-09 ContractsVOOS-09 HSD doc
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’
11. PARTISAN POLITICAL ACTIVITIES: No monies, property or services received by
CONTRACTOR under this Agreement shall be used in the Performance of any partisan political
activity, or to further the election or defeat of any candidate for public office.
12. RELIGIOUS WORSHIP: There shall be no religious worship, instruction or proselytization
as part of or in connection with the CONTRACTOR’S performance of this Agreement.
13. COMPLIANCE WITH APPLICABLE LAWS: The CONTRACTOR shall comply with all
applicable laws, ordinances and codes of the Federal and State governments in operating these
programs, including Titles I1 and I11 of the Americans with Disabilities Act of 1990 and any other
sections of said Act which may apply.
SUBCONTRACT AND ASSIGNMENT OF CONTRACT:
CONTRACTOR shall not assign this Agreement or subcontract any portion thereof
A.
without the prior written consent of the COMMISSION.
14.
In the event any subcontractor is approved for any portion of the activities carried out
B.
under this Agreement, CONTRACTOR retains the primary responsibility for carrying out all terms
of this Agreement, including the responsibility for ensuring the availability and retention of records
of subcontractors. It shall be the responsibility of the CONTRACTOR to monitor all activities of
the subcontractor to assure services set forth herein are adequately performed. The
CONTRACTOR shall assure the proper administration of all services provided by the
subcontractor. CONTRACTOR’S required reports referenced throughout this Agreement shall
include information on all subcontractor activities. The CONTRACTOR shall be held responsible
by the COMMISSION for the performance of any subcontractor.
No funds from this Agreement shall be paid to a subcontractor for work performed
C.
after termination of this Agreement.
15. INTEGRATED DOCUMENTS PROVISION: This instrument contains all of the
agreements, understandings, and representations, warranties and covenants made between the
parties hereto. Unless set forth herein, neither party shall be liable for any representations made,
and all modifications and amendments made hereto must be made in writing. Exhibits attached to
this agreement and incorporated by reference are checked as follows:
X
X
X
X
X
X
X
“Expenditures/Positions and Salaries”
“Scope of Work - FY 08-09”
“Tobacco Control Policy”
“Amendment of Automobile Liability Insurance Requirement”
“Amendment of Comprehensive or Commercial General Liability
Insurance Requirement”
Exhibit D2, “Insurance Representations By Contractor”
“Acknowledgement Guidelines
Exhibit E,
“Santa Cruz County Cultural Competence Guidelines”
Exhibit F,
Exhibit G, “Principles on Equity”
Exhibit H, “Customer Service Plan”
Exhibit A,
Exhibit B,
Exhibit C,
Exhibit D,
Exhibit D 1,
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8
16. CONFLICT OF INTEREST: CONTRACTOR and its employees, and members including
officers of its governing Board shall avoid any actual, apparent or potential conflicts of interest
pertaining to services provided under this Agreement.
17. INDEPENDENT CONTRACTOR STATUS: CONTRACTOR and COMMISSION have
reviewed and considered the principal test and secondary factors below and agree that
CONTRACTOR is an independent contractor and not an employee of COMMISSION.
CONTRACTOR is responsible for all insurance (Worker’s Compensation, unemployment, etc.) and
all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COMMISSION
agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing
the result contracted for herein.
A.
PRINCIPAL TEST: The CONTRACTOR rather than COMMISSION has the right
to control the manner and means of accomplishing the result contracted for.
SECONDARY FACTORS: (a) The extent of control which, by agreement,
B.
COMMISSION may exercise over the details of the work is slight rather than substantial;
(b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to
be done by CONTRACTOR is usually done by a specialist without supervision, rather than under
the direction of an employer; (d) The skill required in the particular occupation is substantial rather
than slight; (e) The CONTRACTOR rather than the COMMISSION supplies the instrumentalities,
tools, and work place; (f) The length of time for which CONTRACTOR is engaged is of limited
duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job rather
than by the time; (h) The work is part of a special or permissive activity, program, or project, rather
than part of the regular business of COMMISSION; (i) CONTRACTOR and COMMISSION
believe they are creating an independent contractor relationship rather than an employer-employee
relationship; and (i)The COMMISSION conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors,
which indicate that CONTRACTOR is an independent contractor.
By their signatures to this Agreement, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Agreement is in fact an
independent contractor.
18. AVAILABLE FUNDS: This Agreement is valid and enforceable only if sufficient funds are
available to the COMMISSION for the fiscal year for the purposes of these programs. In addition,
this Agreement is subject to any additional restrictions, limitations, or conditions enacted either by
the State or Federal government, which may affect the provisions, terms, or funding of this
Agreement in any manner.
19. EARLY TERMINATION: This Agreement may be terminated by either party upon 30 days
prior written notice to the other party.
20. TOBAC,CO CONTROL POLICY: The CONTRACTOR shall comply with the Tobacco
Control Policyiset fofth in Exhib’it “C” which is attached to and made a part of this Agreement by
this reference..
P \2008-2009 Direct Service Grants\08-09 Contracts\Z008-09 HSD doc
9
SIGNATURE PAGE
FIRST 5 SANTA CRUZ COUNTY
DATED:
q*\!b)%
By:
%
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/
Susan True, Executive Director
First 5 Santa Cruz County
CONTRACTOR
DATED: T - l L / W
m9
By:
CONTRACTOR'S Auth. Representzve
Cecilia Espinola, Director
Typed Name/Title
County of Santa Cruz
nt
Organization
~ l i n pAvenue
Address
Santa Cruz, CA
95060
State
City
Zip
831- 454- 4031
Phone
Tax ID #
Distribution :
Commission
Auditor-Controller
Contractor
4PPROVED AS TO FORM:
APPROVED AS TO INSURANCE:
Risk Management
P \2008-2009 Direct Service Grants\08-09 Contracts\2008-09 HSD doc
10
Exhibit "A"
Expenditures/Positions and Salaries
HUMAN SERVICES DEPARTMENT
PERSONNEL EXPENSES
I Ey;es,s I I 1
I
(12 months)
Program
~~~~
Total to
Date
Program
TOTAL Funds
Expenses
Remaining
0.00
0.00
0.00
000
0.00
0.00
SUBTOTAI
Total Program
Budget
12 Months
0.00
0.00
0.00
Period(s)
0.00
0.00
0.00
Current
Period
Expenses
0.00
0.00
0.00
PrintindCopying
Telephone/Fax
Rent/Occupancy
Postage
Subcontract-(Funds will be contracted with
Santa Cruz Community Counseling Center.)
SUBTOTAL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
479,147.00
0.00
479,147.00
0.00
0.00
0 .oo
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 I
0.00
0.00 I
0.00
0.00 I
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
479,147.00
0.00
479,147.00
None
Personnel Benefits & Payroll Taxes
I
GENERAL EXPENSES
Training/Conferences
Supplies
Travel
EQUIPMENT
Other
SUBTOTALI
TOTALS
SUBTOTAL: DIRECT EXPENSES
ADMINISTRATIVE/INDIRECT EXPENSES
TOTAL PROJECT EXPENSE
0.00
0.00 I
479,147.00
0.00
479,147.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
479,147.00
0.00
479,147.00
EXHIBIT "A'
a,
m
m
a.
Exhibit "B"
a,
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[L
ABC AGEMCY - BOARD OF DIRECTORS RESOLUTION
I
Whereps, the ABC
cy is committed to improving the health of children in Santa Cruz County;
Whereas, 13% of households with children in Califopia still allow smoking in their homes;
Whereas, parental smoking kills more than 6,000children in the U.S. each year from respiratory illnesses,
SIDS, perinatal deaths, and fire-related injuries;
Whereas, secondhand tobacco Smoke causes up to 3,120new cases of pediatric asthma per year in
California;
Whereas, the tobacco industry has denied the detrimental effects of secondhand tobacco smoke and has
consistently fought regulations that would ban smoking in workplaces and other public places;
Whereas, the nicotine found in tobacco is considered to be as addictive or more addictive than cocaine and
heroin;
Whereas, the profits from selling tobacco, which comes at the expense of human lives and suffering, are
being used to fund elected officials, organizations; and special events;
Whereas’,. the tobacco industry is contributing money in order to gain legiti
organizations, thereby “laundering” the true nature of their product and its
good
of
9
which states that the agency agrees to
their revenues from tobacco products.
1 understand that failure to implement these bolic
future funding opportunities with First 5 Santa Cr
end of.the contract period may negatively affect
.
APPROVED:
Signature - Board Chair
Date
Print name
..
a.
Complete text of policies are outlined in the following pages.
Exhibit T”
COMPREHENSIVE SMOKE-FREE ENVIRONMENT POLICY
DEFINITION
I. NO Smoking: There will be no smoking in any agency facility at any time.
Designated smoking Areas: The decision to prwkle or not provide designated smoking areas outside the
building will be at the discretion of the Program Director. Designated smoking areas will be located out of
children's sight, away from the main entrances to the building, and at least 15 feet away from the main
entrance. All smoking trash, including butts and matches, will be extinguished and disposed of in appropriate
containers.
2. Outdoor Reasonable Distance: Smoking shall be prohibited at least 15 fed away from the buiiding to ensure
that smoke does not enter the area through entrances, windows, ventilation systems, or any other means. The
of this requirement is,to ensure that indoor occupants and those entering or leaving the building are
ondhand smoke.
3. Agency Vehicles: There will be no smoking in any agency vehicle at any-time. There wjll be no tobacco use in
personal vehicles when transporting clients on authorized business.
4. Pmtectiqn of Children: There yilt be no smoking by staff or volunteers when children ire present. This includes
or and qutdoor.activities.
.
.
<
,walks, and o!hm &-site mtiv
@ofuntd$wing offaff and VOhrRtetxs will
the pgrpose of a smoking
staff and together they wilt develop
5, B Q X I ~ SSupetiisori
:
will discuss the issue of
l r l ~ iqtdrfere
f
with the
effective solutions
tw
6. The policy shall apply to at?ofhite activilies.and'functiods.
I
PROCEDURE
1. Staff will be informed of this poky through signs posted in the agency's facilities and vehicles, the Procedures
Manual, and orientations and/or trainings provided by their supervisors,
2- Volunteers, parentslclients, and participants will be informed through the following methods:
a. The policy shall be stated in the clienVparent handbook.
bb NO SMOKING signs shall be prominently posted in the facB#is, doorways, and v e h b k w j f h : m m M n g
information clearly displayed at the bottom: To Rte a complaint, contact the Santa C n u C M Q Public
Health Department, Tobacco Education Program: (SSl) 4544319. Sbns will be posted OR pateMClient
bulletin boards on the effective date ofthe policy and i#
necessary at other times during the p a r .
C.
Announcements will be made during PWenffdient orientation and 8s needed.
d. Explanations of the policy will be attached to field kip and homevisit notfftcations,
e. Other communications mechanisms deemed appropilate by the director.
C
2
*
34.
5.
DEFINR'ION
1. The agency shall not receive nor solicit contributions from any tobacco company or its subsidiaries**at any
time.
PROCEDURE
j , In the event that any tobacco CORpanY, tobacco executive, or tobacco-related function attempt to contact
agency staff, the details of the activity, including agency staff contacted, name of tobacco representative, date
and time of contact, will be reported to the Santa Cruz County Public Health Department, Tobacco Education
Program: (831) 454-4319.
2.
Staff will be informed of this policy through the Procedures Manual, and at orientations and/or trainings
provided by their supervisors.
** A comprehensive list of tobacco companies and their subsidiaries will be provided by the Santa Cruz
County Public Health Department, Tobacco Education Program.
DIVESTMENT FROM TOBACCO POLICY
Investments in the tobacco industry promote the use of tobacco products worldwide by financially supporting the
industry. If the investment is to be profitable, the industry must sell its product. Unfortunately, in the case of tobacco
in the United States, the industry's product kills more people than AIDS, alcohol, drug abuse, car crashes, murders,
suicides, and fires cornblned, according to the Centers for Disease Control and Prevention. Tobacco investments
also send the wrong message to the public, especially young peopie. Therefore, it shall be the policy of First 5
Grantees and Contractors to divest any investments in compzjnjes which derive more than 15% of their revenue
from tobacco products. Through divestment from tobacco, First 5 Santa Cruz County supports the health of all
Santa Cruz County children and families.
DEEINITION
1.'
The agency shall not invest, in the form of stock or bonds, in any company which derives more than 15y0 Of
their revenue from tobacco products.
2. The agency shall divest, or sell any current tobacco stocks and bonds with which it holds in any company**that
derives more than 15% of their revenue from tobacco products.
PROCEDURE
.
-
I. The agency shall demonstrate a good faith effortto divest from tobacco upon the effective date of this Policy*
3
a
h, W event that amy iobacco company, t-eo
exwuthe, w €obmm-rdatedfunctwnattempt
the details of the activity, including agency
1 ge reported to the Santa Cruz C
?'9.
3.
J
L
4
the
-r o ~ g c oCompanyMlebsitelFunding
a
Opportunities
Subsidiary NarneWebsblBmnds
correct since changes in corporate and pmdu
Altria Group, Inc. (formerlyPhilip
Morris)
www.al tria.com
Altria Group, Inc. includes: Kraft
Foods, Philip Morris USA, Philip Morris
International, Philip Morris Capita!
Corporation, and South African Brewing
Company/Miller Beer
Major Name Brands: Kraft, Post Cereals,
Nabisco, Oscar Meyer, Louis Rich
Beveragles
Coffee
General Foods International Coffees
Gevalia.
Maxim
Maxwell House
Sanka
Yuban
Altria Group, Inc. and Kraft Foods
North America provide grants for
hunger, domestic violence, arts,
humanitarian aid, and environmental
programs.
Altria Group Inc. “corporafe
citizenship”groups include:
Hunger Prevention
Senior Helpings (a partner of the national
Meals on Wheels Foundation)
Senior Helpings Community Coalitions
Positive Helpings (Meals on Wheels for
people living with HIWAIDS)
Community Kitchens [training for
unemployed men and women in food
service industry)
Kraft Food Rescue Initiative
Kraft Seafood Initiative
Q
0
Domestic Violence
’
Frozen‘Treats
Koo.l-Aid slushies
Powdered Soft Drinks
Country Time. lemonade
Crystal Light
Kool-Aid
Tang
ReadyltoLDri nk
CapriSun
Country Time lemonade
Crystal Light
Kool-Aid Bursts
Altria Doors of Hope Program (Domestic
Violence Prevention, includes Core services
grants for legal assistance, individuallfamily
Convenient Meals
counseling; Community Awareness’grants
for public education; Food forSuyival
Bacon
grants to [email protected] seeking fefuge
OscarMeyer
from abuse-With immediate food ‘neeqs;and
Louis Rich
corporate outreach including more tMn 40
international conferences to educate
business community on domestic violence
Cold Cuts
issues).
OscarMeyer
Q
VisuallPerforming Arts Funding for emerging artists
- and new works
Louis Rich
Dinner Kits
._.. .
Tobacco CompanyMebsitelFunding
Subsidfary NameMIebsitelBrands
’
Opportunities
Additional ProgjramslPiartnetships
m
.
Frozen Pizza
DiGiorno
Positive Youth
Philip Morris U
Jack’s
Prevention Program)
Tombstone
Know Your Money: Azpartnershipwith
Natienal Urban League to provide young
Hot Dogs
African-American professionals with
strategies for effective money panagernent) 9 OscarMeyer
Humanitarian Aid for national and
international disasters
Lunch Combinations
EnvironmentlAgriculture including Shared
Lunchables
Solutions program supporting innovative
agricultural projects
Founding partner of the National AfDS Fund
Philip Morris “Communi$y
Involvement”
Philip Morris USA primarily funds
programs in cities where ifsemployees
live and work, especially in Richmond
Virginia and Cabarras County North
Carolina..
Macaroni and Cheese Dinner
It‘s Pasta Anytime
Kraft
Kraft Easy Mac
Velveeta
Meat AIternaSives
Boca
Meat Snacks
Tombstbne
Pastas and Sauces
DiGiorno
Snacks
.
Cookies
.
Barnurn’s Animals
B~SCOS
Cafe’Creme
Cameo
GhipsAhty!
. c
(Pueho Rico M y )
* D
9
I
-.. --.-
D&&
(Puerto Rico only)
FWmus Chocolate Wafers
Family Favorites
Old Fashioned
Ginger Snqps
‘obaccoCompanyMlebsitelFunding
)pportunities
Subsidiary NameMlebsb/Brands
D
D
D
B
D
m
m
B
m
I
Honey Bran (Puerto Rico only)
Konitos (Puerto Rico only)
Lorna Doone
Mallomars
Marshmallo Twirls
Nabisco
National Arrowroot
Newtons
Nilla
NutterButter
Ore0
Peakfreans
Pecan Passion
Pecanz
Pinwheels
Snackwell’s
Social Tea
Stella D’Oro
Sweetie Pie (Puerto Rico only)
Teddy Grahams
Wild Thornberry’s
Crackers
e Air Crisps
m
0
e
a
e
a
8
0
0
0
0
0
0
0
e
Better Cheddars
Cheese Nips
Club Social (Puerto Rico only)
Crown Pilot
Doo Dad
Flavor Crisps
Harvest Crisps
Honey Maid
Nabisco Grahams
Nabs .
Premium
Ritz .
Royal Lunch
Snackwell’s
Stoned Wheat Thins
Sportz (Puerto Rico only)
c
. --
.
Tobacco CompanyMlebsitelFunding
Opportunities
Subsidiary NameMlebsOtelBrands
Sultana (Puerto Rico only)
Triscuit
Uneeda
Waverly
Wheatsworth
Wheat Thins
Zwieback
Ice Cream Cones
CometCups
Packaged Food Combinations
Handi-Snacks
Lunchabies
Refrigerated Ready to Eat
Jell-0
.
Handi-Snacks
Snack Nuts
Corn Nuts
PB Crisps
Planters
Sugar Confectionary
‘
b
b
9
Altoids
Caliard & Bowser
Cremesavers hard candy
Cremesaveis soft candy
Jet-Puffed
Kraft caramels
Life Savers
Milka Lil-Scoops
Nabisco Fun Fruits
Terry’s
Toblerone
Trolli
Cheese
Cold Pack Cheese
Woody’s
4
---.. .
-,
.-
.
.
...-- ...- .
*
robacco CompanyMlebsitelFunding
Opportunities
iubsidiary NameWebsitelBrands
>ottage Cheese
Breakstone’s
I
Knudsen
Light n’ Lively
1
>ream Cheese
Philadelphia
Temp-tee
1
1
Stated Cheese
Kraft
1
qatural Cheese
Athenos
Churny
Cracker ‘Barrel
DiGiorno
Handi-Snacks
B
Harvest Moon
B
B
Hoffman’s
Kraft
Polly-0
Process Cheese Loaves
Kraft Deluxe
Old English
Velveeta
Process Cheese Sauce
CheezWhiz
Process Cheese Slices
Kraft Deli Deluxe
Kraft Free Singles
Kraft Singles
0.
Kraft 2% Milk Slices
Velveeta
Process Cheese Spread
Easy Cheese
robacco CompanyMlebsitelFunding
>pportunities
Subsidiary NameNVebsitelBrands
Grocery
Baking ChocolatelCoconut
8
Bakers
Baking Powder
Calumet
Barbecue Sauce
Bull's Eye
Kraft
Breakfast Beverage
Postum
Coating Mix
Shake n'Bake
OvenFry
Con dime nts
Grey Poupon
Kraft
Sauceworks
Cooked Cereal
Cream of Wheat
Cereal Bars
Nabisco
'=-
Dips
Kraft
Dog Biscuits
'
Milk-Bone
Dry Packaged Desserts
Dream Whip
D-Zerta
Jeli-0
Knox Gelatine
- . - .-..
.
_,.___..
obacco CompanyMlebsitelFunding
pportunities-
Subsidiary ,NameMlebsitRIBrands
Minute
Energy Bars
D
Balance
Fruit Preservatives
EverFresh
B
Frozen Whipped Topping
Cool Whip
Ice Cream Topping
Kraft
Margarine
Parkay (Puerto Rico only)
aasta Salads
1
Kraft
Pectins
B
Certo
Sure-Jell
PICkleslSauerkraut
Claussen
Pie Crusts
0
Honey Maid
Nilla
Ore0
Ready to eat cereals
Post
Alpha-Bits
Banana Nut Crunch
Blueberry Morning
Cinna-Cluster Raisin Bran
Cranberry Almond Crunch
-
I
Tobacco ‘Gompany/WebsitelFunding Subsidiary NamblWebsklBrands
Opportunities
Frosted Shredded Wheat
Fruit & Fibre
e
0
0
0
0
0
e
0
0
0
e
e
e
e
*
.
Golden Crisp
Grape Nuts
Great Grains
Honey Bunches of Oats
Honeycomb
Nabisco (Puerto Rico only)
Natural Bran Flakes
Oreo 0’s
Pebbles
Raisin Bran
Shredded Wheat
Shredded Wheat n’ Bran
Spoon Size Shredded Wheat
Toasties
Waffle Crisp
100% Bran
.
Rice
Minute Rice
Salad Dressings
I
Good Seasons
Kraft
Sevenseas
Sourcream
D
.’=
Breakstone’s
Knudsen
S poonable Dressing
b
Kraft Mayo
Miracle Whip
Steak Sauce, Marinade,
Norcestershire
1
A.1 Steaksauce
Stuffing Mix
I
Stove Top
Tobacco CompanymebsitelFmding
Opportunities
Subsidiary NarneIWebsiWBrands
Toaster Pastries
Kool Stuf
.
Yogurt
Breyers yogurt
Jell-0
Light n’Lively
Altria Group, Inc. has a ‘36%financial
interest in Miller Beer. South African
Brewing Company acquired Miller Beer
from Altria Group, Inc. After this
acquisition the South African Brewing
Company changed its n a m e to
SABMiller.
RJ Reynolds Tobacco Holdings
www.revnoldsamertcan.com includes
RJ Reynolds, American [email protected],and Lane
Limited tobacco companies
RJ Reynolds Foundation primarily funds
programs that serve communities where RJ
Reynolds employees live and work.
American Spirits’s Santa Fe Natufd Tobacco
Foundation grants financial assistance to
organizations that support the:pr&sewation,
promotion, and advancement ofhperican
Indian self-sufficienpy and culture in the united
States, including p h h m k for (i) the
development of American Indian
entrepreneurism, (ii) facilitating American Indian
education (particularly college, graduate, and
post-graduate education), and (iii) the
MiflerSAB
w ww.sabmi Iler.com
- -
Major Name Bra.nasin No
Miller Lite, Miller Genuine D
High Life, Milwaukee’s Best.,.Pilsrier
Urq uell, -Foster’s
.
I
,
.
I
*
.--
Tobaccr,%%[email protected]
Opportunities
Subsidiary NamelWebsitelBrands
.
preservation and enhancement of American
Indian languages.
Brown &Williamson
www.bw.com
Brown and Williamson Corporate
Contributions primarily contributes to
agencies that serve communities where
Brown & Williamson employees live and
work in the Louisville, Kentucky area.
Loews Corporation
www.Ioews.com includes, Lorillard
Tobacco, CNA Financial, Diamond
Offshore Drilling, Bulova Corporation,
Loews Hotels, and Texas Gas.
CNA Foundation primarily supports
programs that:
4~'!&t
;*;-id1&;the &duc.ationalneeds of
Assist and support ohjldren, youth
and adults, in developing vocational
and educational skills.
USSTC (United States Smokeless
Tobacco Company)
SSTC provides tobacco-related
education and research grants to
communities in Tennessee and
Kentucky where USSTC employees live
and work.
u
.
I
Major name brands:
Chateau Ste. Michelle
Columbia Grest
Snoquaimie
United States Tobacco (UST), is a
subsidiary of USSTC.
International Wine and Spirits Ltd (Iws)
is a subsidiary of UST.
Ste. Michelle Wine Estates is the
marketing and manufacturing
c
\
Conn'Star
i
Dorri'aine Ste,.MicheIle
i
Tobacco CompanylWebsite!Funding
Opportunlties
Subsidiary NameMlebsiWBrands
.
subsidiary of IWS.
*Breyers is a registered trademark owned and licensed by Unilever, N.V. In 1993,Unilever
,
bought Breyersm ice cream from Kraft and made it part of the Gold Bond-Good Humor Ice Cream
Company in Green Bay,Wisconsin. The company's name was changed to the Good Humor
Breyers Ice Cream Company in 1993. Brevers vozlurt is produced by Kraft. Breyers ice cream
is a Good Humor-Breyers Ice Cream product and no affiliated with Kraft.
-
"Capri Sun is a registered trademark of Rudolf Wild GmbH & Co. KG, used under license. This
beverage is produced by Kraft.
"California Pizza Kitchen is a trademark owned and licensed by California Pizza Kitchen, Inc. The
company that distributes CPK to grocery stores is a Kraft subsidiary. CPK as a company is not a
subsidiary.
"Starbucks is a registered trademark of Starbucks US. Brands Corporation. The company that
distributes Starbucks to'grocery stores is a Kraft subsidiary. Starbucks as a company is not a
Kraft subsidiary.
Tazo is a wholly owned subsidiary of Starbucks Corporation.
*Seattle's Best Coffee and Torrefazione ltalia are registered trademarks of Starbucks
Corporation.
*Taco Bell is a
registered trademark owned and licensed by Taco Bell Gorp Kraft produces Taco
.-
r
Ben Dipnet Kits .and uses the Taco Bell name under license. Taco Bell as a company is not a
subsidiaryof Krati.
In addition to sales through our company-operated retail stores, Starbucks sells whole bean coffees through
a specialty sales group and supermarkets. Additionally, Starbucks produces and sells bottled Frappuccinow
coffee drink and a J jne ofpremium ice creams k O U & its joint venture partnerships and offers a line of
innovative premium teas produced by its wholly owned subsidiary, Tazo Tea Company. T h e Company’s
objective i s to establish Starbucks as the most recognized and respected brand in the world.
To achieve this goal, the Company plans to continue to rapidly expand its retail operations, grow its
specialty sales and other operations, and selectively pursue opportunities to leverage.the. Starbucks brand
through the ilitroduction of new products and the development of new distribution channels.
..
EXHIBIT D
AMENDMENT OF AUTOMOBILE LIABILITY INSURANCE REQUIREMENT
, dated
by
Subparagraph 9A(2) of Contract No.
and between First 5 Santa Cruz County (hereinafter called COMMISSION) and
(hereinafter called CONTRACTOR)
is hereby amended to read as follows:
/
Reduction in Requirements
CONTRACTOR represents to COMMISSION that it owns, operates or utilizes one or
more personal vehicles and that the result which is to be accomplished under this
Agreement does not require use of any such vehicle for other than CONTRACTOR'S
personal transportation only (with no passengers, hazardous materials, or valuable
(greater than $5,000) property). In reliance on said representation, COMMISSION
amends Section 9A(2) of said Agreement to require that said personal vehicles each have
insurance coverage in the minimum amount of $100,000 combined single limit per
accident. COMMISSION further reduces insurance requirements by permitting
CONTRACTOR to comply with subparagraphs 9B (2), (3) and (4) by utilizing the
attached "INSURANCE REPRESENTATIONS BY CONTRACTOR" form without
request to or refusal by insurance providers as to those requirements. In all other respects,
the Automobile Liability Insurance requirements of this Agreement remain in full force
and effect.
The above [email protected]) shall be operative if initialed by both parties in the space
provided, effective July 1, 2008.
EXHIBIT D l
AMENDMENT OF COMPREHENSIVE OR COMMERCIAL
GENERAL LIABILITY INSURANCE REQUIREMENT
, dated
by and between First
Subparagraph 9A(3) of Contract No.
5 Santa Cruz County (hereinafter called COMMISSION) and
(hereinafter called CONTRACTOR) is amended to read as follows:
-I
1.
Guest Speaker Waiver
CONTRACTOR represents to COMMISSION that it will accomplish the result required
by this Agreement by manner and means similar to those employed by a guest speaker,
namely by oral and documentary presentation to a group of persons such that no person
will be exposed to reasonably foreseeable risk of personal injury or property damage. In
reliance thereon, COMMISSION amends the Comprehensive or Commercial General
Liability Insurance requirement of said Agreement by waiving same.
-I
2.
Teacher, Instructor, Trainer Waiver
CONTRACTOR represents to COMMISSION that it will accomplish the result required
by this Agreement by manner and means similar to those employed by a teacher,
instructor, or trainer and subject to the following limitations: (1) the results will be
accomplished entirely within a classroom setting; (2) no minors will be involved; or, if
minors will be involved, the teaching, instructing, or training accomplished (and the
activity(ies) involved) will be by such manner and means that a minor of the youngest age
allowed to be involved will not be exposed to any reasonably foreseeable risk of personal
injury, and (3) no person will be exposed to reasonably foreseeable risk of personal injury
or property damage. In reliance thereon, COMMISSION amends the Comprehensive or
Commercial General Liability Insurance requirements of said Agreement by waiving
same.
-I
3.
General No Risk Waiver
CONTRACTOR represents to COMMISSION that it will accomplish the result required
by this Agreement by manner and means which will expose no person to reasonably
foreseeable risk of personal injury or property damage, namely as follows:
. In reliance
thereon, COMMISSION amends the Comprehensive or Coinmercial General Liability
Insurance requirements of said Agreement by waiving same.
The above [email protected]) shall be operative if initialed by both parties in the space
provided, effective July 1, 2008.
P \2008-2009 Direct Service Grants\O8-09 Contracts\2008-09 HSD doc
12
EXHIBIT D2
INSURANCE REPRESENTATIONS BY CONTRACTOR
On the basis of the following representations by CONTRACTOR to COMMISSION as
initialed and executed below, compliance with Subparagraphs 9B(2), (3) and (4),
respectively of the above Agreement, shall be deemed achieved.
I
Additional Insured [9B(2)1. CONTRACTOR represents that as to the
following required insurance coverage( s):
it is unable to obtain an endorsement adding COMMISSION as an additional insured
pursuant to Subparagraph 9B(2). In reliance thereon, COMMISSION hereby waives said
requirement.
I
Notice of Cancellation [9B(3)1. CONTRACTOR represents that as to the
following required insurance coverage(s):
it is unable to obtain an endorsement including a clause requiring prior notice of
cancellation of or reduction in coverage pursuant to Subparagraph 9B(3).
CONTRACTOR hereby covenants and represents that it will [email protected] COMMISSION in
writing at least thirty (30) days prior to cancellation of or reduction in coverage pursuant
to Subparagraph 9B(3). In reliance thereon, and upon performance of said covenant,
COMMISSION hereby deems CONTRACTOR to be in compliance with Subparagraph
9B(3).
I
Certificate of Insurance [9B/4)1. CONTRACTOR represents that as to the
following required insurance coverage( s):
it has been unable to obtain certification of insurance coverage pursuant to Subparagraph
9B(4). CONTRACTOR hereby covenants and represents that it has obtained, will
maintain (and attaches hereto a copy of the face sheet(s) of), the contractually required
insurance set forth on the attached self-certification of insurance form. In reliance
thereon, COMMISSION hereby deems CONTRACTOR to be in compliance with
Subparagraph 9B(4).
The above paragraph(s) shall be operative if initialed by both parties in the space
provided, effective July 1, 2008.
P '2008-2009 Direct-Sewice Crants\08-09 Contracts\2008-09 HSD doc
13
PRIMEROS 5
FIRST5
SANTA CRUZ COUNTY
SANTA CRUZ COUNTY
Acknowledgement Guidelines for
2008-2009 Investing in Our Children Community Grants Initiative
First 5 Santa Cruz County (First 5) is charged with making sure that the general public is aware of the benefit of
Proposition 10 tax dollars in our community. The following is a list of guidelines required for all community grants.
These guidelines will help keep the public informed of how and where public funds are invested in Santa Cruz
County.
Place a placard announcing funding by First 5 in a prominent area within your agency’s physical
facilities. We will distribute these placards to you.
0
Recognize First 5 using the following phrase, “Funding provided by First 5 Santa Cruz County,” or
“Funding provided in part by First 5 Santa Cruz County” in all materials produced with
Proposition 10 funding. These materials include, but are not limited to, brochures, flyers, broadcast
interviews, radio and print ads, public service announcements, and presentations.
Place the First 5 logo on all agency public education and outreach materials. Any questions
regarding the appropriateness of use should be directed to the First 5 Program Officer. The First 5 logo
must be used in its exact form without any changes to size proportions, colors or design. The logo is
available in both English and Spanish. Please use as appropriate.
Publicity Guidelines
First 5 Santa Cruz County may utilize statewide resources to assist you in publicizing your projects and/or events
funded by First 5. Below are the procedures that you should follow in order to receive publicity assistance from
First 5.
Call the First 5 office within an hour of receiving a media call that is related to projects funded by
First 5.
Mention First 5 Santa Cruz County in any media communication regarding programs funded by
First 5. Notify the First 5 Program Officer of any media communication regarding programs funded by
First 5.
First 5 California’s public relation team are available to assist in reviewing press releases and providing
State Commissioner quotes to round out your press release or outreach materials. Contact the First 5
Program Officer no later than two weeks prior to the date you want to send out the press release
so that the appropriate contact can be made.
Provide the First 5 Program Officer with any flyers, brochures, etc., announcing’ upcoming events.
A copy of such items are placed in your contract file and are distributed to Commissioners and
funded partners when appropriate.
Exhibit “E”
I’
Stan*@:-
.-
,
-.
A cdihrral [email protected] shail-be develop
organization to assure attainment of culturail co
a
.
’
8
.
.
.
L
t
improvqqxat programs, client satisfac~on
assessments, and outcome-based evaluations.
T h e Cultural Competence Plan:
0
0
0
oped with the participation and representation of top and middle management administrators,
front-line staff, consumers and/or their families, ahd comxnudty stakeholders;
Designates individud(s) at the b a d , executive, and mid-management levels with responsibility far
hd-mthorityto momtor implementation of the Cultural Cokpetence Plan, based on their level within
orgmimition;
Includes a process for integrating the Cultural Compet
,cultural mqeteficy in all aspects of .organizationalstrat
process;
Indudes a proqss for determining unique regionally-based.
sactors within the comunities/pop&ations served using ex
comrn‘etyneeds assessments, community forums,and key
Identifies service modalities and models which are app
communities served;
olvement of community resources, for purposes of integrated consumer
Ensures i d
support iil
Assures culturJ competence at each level of service withinthe system;
Stipulation
i
of adequate and culturally diverse sg
and n&imal skill levels.(including
Includes $
gender, ethnicity, and language as well as licensing,certification,and credentialing,) for all
volunteers and staff, clerical through executivg management;
Includes development of rewards and incentives (e.g., salary, promotion, bonuses) for culturally
competent performance, as well as sanctions for culturally destructive practices (e.g., discrimination).
Culturqly competent perfonnance is an intqpl part of the employee performance evaluation system,
and provider organizationpe~ormanceevaluation system;
an to integrate ongoing training and staff development into the ,overdl
/
8
e
6
0
0
e
0
Includes angoing monitoring of indicators to assure equal access, comparability of-sefiiCeS,abil
outcomes across all services provided through the organization.
Exhibit “F”
1
Organizatim composition is propm$ionally
area of cultura) competence is .implementedat
Accountable: 4 1 levels are accountable for the successful implemdtation af &e. cultural
ldentifjl the skilfs-mdhowledge needed to provide *&uraUy competent seivices-toorganization's &getpopulation. Include them in job announcementsand job descriptions, and recruit based upon them.(NEW
guideline)
Establish, promote, 'support, and encourage visibility of all cultural groups, and effectively qmmunicate
an inclusive, non-discriminatory work place environment.
1
-
Ensure .that comprehensive and easily accessible proCedures, which are culturally and h g u i
sensithe and capable of identifying, preventing, and resolving cross-cultural collflicts, are
staff to address and resolve concerns. This includes concerns related to cultural mmpe
within the organization.
.
..
. ,
t staff, volunteer and board cultural competence training p h . This,may
with other agencies for cross agency training.
the areas of cultural 'Competence are implemented at aU-3evekand
and governing body, as well as for management-and:
corporated into ongoing organization stafftraining plan; This plan is
Factors which define cultural differences among and between cultural populations including
differences related to: history, traditions, customs, values, belief systems, nationdl origin,
acculturation and migration patterns, reasons for immigration, dialect and language fluency, raGe,
ethnicity, gender, gender identity
al orientation, age, disability, physical appearance, religion,
spirituality, class/socioecimomic
,edu&.ion, art, music, food, and politics; . .
Unique stressors, for example: war, trauma, violence, socioeconomic status, po1iticaI unrest, aspects
of cultural sumivd and maintenance, racism, and discrimination;
The .effectsof amlturation on individuals;
I h W Class, e W c i Q ; social status and other distinguishing factors-influen& behavior, attitudes,
values and belief systems;
of l&guage use, including: conceptual ffameworks of rndno1hgua.lmid'tiilingual*'
individuals, nuaflces of verbal and nonverbal language, speech patterns and communicatiofi Styles,
Wd4iteracy.level;
Issues of stigma specific to various groups and Subgroups;
Other culturally based behaviors and/or circumstances including: help-seeking behaviors, varying
effects of commonly used medications on individuals, role and manifestation of spiritual or
2
Assessment tools, 'their limitations and how to tailor their use to better serve various cultural smps.
integrated -intooverall agency [email protected], anthuhg development of *mlturalcompetence is reported.
~-
Standard:
Organization shall conduct evaluation to track progress on implementation and results of its
Cultural Competence Plan.
I
.
Standard:
Organizations shall be evaluated by the contracting agency in accordance with the
Cultural Competence=Plan.
' 1
Identify and track high-use consumers, who qtilize a significant number of resources, and review and
adapt programs and/or services to more effe&ve3y address their needs.
hplempn!, a process for and keep a record of, appeals;:grievmces, and la~suits,as well as informal
complaints, differentiated by cultural groups of the complainant and the specific provider. .
_ I .
participants, telephone follow-up, s i g h sheets, dnutes, etc.
3
.. .
,.
.,
Organization shall collect and analyze data to inform decisioiis and to demohstmte progress toward
success^ iikplemenwon of,its Ctmml Campetenoe Plan.
,
s management- Wormation systems, and
atilkation and outcomes for all consumers across
Develop and maintain data or a,.database,which
disability information are collected, integrated kt0 organization's management infomation systems arid
periodically updated.
*.. . .
Track data on staff positions/duties to ensure culturally appropriate services are provided to consumers.
(i.e.Are Spanish speaking staff providing sewices to consumers or are they working in an adminktrative
,
.
.
. -.
,
.
~.. . . .-.
...
..
I.
-..
.>
.
.
to the cultural and linguistic characteristic5 .of the servicb-mea.
'
your service are
of these procedures.
Access to services is decentralized and facilitated through multiple outreach strategies and approaches.
--
4
s
4
1
Santa Cruz C O U r q Cultural Competence Guidelines
,
These approaches include strategic co-location within culturally specific community organizations, social
service agencies, community action agencies, health centers, churches, mosques, schools, and
neighborhood locales which are accessible through public transportation and in-home, in-comunity,
mobile care,When not legally prohibitive, ensure that legal documentation for immigrant groups is not a requirement
for service and does not serve as a barrier to service access.
Review fee structure to determine if ability to pay is a barrier to accessing sewices.
Programs provide culturally inviting environments (e.g., decor, ambiance, cultural symbols) as measured
by consumer satisfaction surveys-
Develop participatory, collaborative partnerships with cultural communities and providers that serve
specific cultural groups. Utilize a variety of formal and informal mechanisms to facilitate community and
consumer involvement in designing and implementing culturally competent services. Develop and
maintain relationships with community organizations and groups, for example, participate in community
forums or neighborhood meetings and/or participate in cultural functions within the community.
Develop or revise existing intake and assessment procedures to ensure that they meet the needs of the
wide range of cultures (See definition of culture.). Assessments include a multi-dimensional focus
including individual, family, and community strengths.
All outreach and program services are relevant and respectful of cultural factors and backgrounds.
Ensure services for consumers are compatible with the cultural framework and community environment
of consumers and family members. Consumers and families participate in the development of their case
plans. When appropriate, services involve culturally indicated family leaders and decision makers.
Provide to consumers in their preferred language both verbal offers and written notices informing them of
their right to receive language assistance services.
Offer and provide language assistance services, including bilingual staff and interpreter services, and/or
IITY services at no cost to each consumer at all points of contact, in a timely manner during all hours of
operation. Assure the competence of language assistance provided consumers by interpreters and
bilingual staff, Family and friends should not be used to provide interpretation services.
Make available easily understood client-related materials and post signage in the languages of the
commonly encountered groups and/or groups represented in the service area. Incorporate consumer
feedback into the materials to ensure they are culturally relevant.
Services are located in areas readily accessible to and are actively marketed to a wide range of cultural
groups in the community.
Ensure that conflict and grievance resolution processes are culturally and linguistically sensitive and
capable of identifying, preventing, and resolving cross-cultural conflicts or complaints by consumers.
5
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‘
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I
~
Principles on Equity
ADVISORY COMMITTEE ON DIVERSITY
CALIFORNIA CHILDREN dk FAMILIES COMMISSION
(Approved by the State Commission on October 18,2001)
Recognizing significant gaps and disparities in the provision of services for children and their families and as
observed in educational, health and other outcomes, the State Commissioners adopted a resolution in November,
1999,demonstmting its commitment and leadership towards taking proactive steps to ensure that California
including children with disabilities and other specid needs,
children and their families fiom diverse p~pulation~,
are an integral part of the planning and hplementation of Proposition 10. By the following summer (July
2000), the state Commissioners had established the Advisory Committee on Diversity to serve as their policy
advisors on issues related to diversity and equity. For Prop 10, diversity has been defined to be inclusive of
children prenatally to five years of age, regardless of immigration status, who:
0
Are from different ethnic, linguistic, cultural, socio-economic, religious, geographical and/or oher
historically or currently under-served communities;or
Have disabilities and other special needs.
The Advisory Committee on Diversity is mponsible for advising the State Commission in fulfilling its mission
to adopt policies and practices that equitably provide California’s children (prenatal to 5 ) fiom diverse
backgrounds and abilities with accessible, family-friendly, culturally competent,quality early childhood services
and programs designed to help them reach their full potential and prepare them for positive educational and life
experiences. To achieve this vision, it is critical that parents and other caregivers of children fiom diverse
backgrounds and with diverse abilities have meaningful roles in the planning, delivery and evaluation of Prop 10
initiatives. W e n historically marginalized groups have a voice in shaping the systems that affect the lives of
their children, we can expect cutting-edge and powerful changes. The Advisory Committee on Diversity is
confident that only through this increased level of involvement and system improvements will equity be
achieved.
The Advisory Committee on Diversity determined at its second meeting (November 2000) that its work must
begin with the development of Equity Principles, which were originally referred to & Diversity Principles. The
State Commission is the primary audience for these Equity Principles; the principles will be used to guide their
policy work and funding decisioa. Additionally, the Equity Principles are intended for use by the CCFC staff
and contractors. Although the Principles are not mandates, they can serve as guidelines to ensure that the
programs and services established and supported by Prop 10 h d s are both culturally and linguistically
competent and inclusive in serving children with disabilities - a d other special needs.
The Committee also developed these Equity Principles with the local audience in mind and in response to the
County Commissions’ requests for support in this area. The Advisory Committee on Diversity feels strongly
that the Equity Principles will be beneficial to the children and families served through local programs funded
by the County Commissioners.
The Advisory Committee on Diversity firmly believes that through assuring improved programs and access for
children and their h i l i e s f?om diverse backgrounds and with diverse abilities, the services for all children in
California will be better served. We offer these Principles to assist the State Commission in Mfilling its
commitment to all children and hope that others throughout California will also adopt them. There are four
major components to the Diversity Principles:
1. Inclusive Governance and Participation
2.
Access to Services
3. Legislative and Regulatory Mandates
4.
Results-based Accountability
The Advisory Committee approved the Equity Principles on June 29,2001. It is anticipated that the Committee
will periodically review and update the Principles.
Exhibit “G”
Inclusive Governance and Participation
Prop 10 recognizes that children develop within the context of their families and communities, and as such, it is
essential that Prop 10 programs secure and obtain rneaningfU1 participation and input of the families and other
cuegivers of children from diverse backgrounds and with diverse abilities throughout all program development
and implementation phases. Prop 10 programs should:
>
Use culturally - and linguistically-appropriate outreach strategies, as well as approaches
effective in reaching parents of children with disabilities and other special needs and parents
who themselves may have disabilities;
> Assure that all diverse groups, particularly those who have been traditionally underrepresented
and underserved, are actively engaged and involved SO that they can have an equal voice in
defining their needs and finding solutiom;
> Use community organizations, both formal and informal networks, and other communication
vehicles that have been effective in reaching out to and serving diverse groups;
9 Promote and support the development of emerging parent and community leaders; and
k Assure that families representing diverse groups participate equitably in the planning, delivery
and evaluation of initiatives, which includes the grant criteria process, advisory groups and
other committees.
Access to Services
To assure that children from diverse backgrounds and with diverse abilities have access to high quality and
culturally competent early care and education/developmentopportunities as a critical means for achieving
equity, Prop 10 funded programs should
9 Set measurable goals and objectives for increasing access and achieving equity;
9 Use culturally &d linguistically relevant methods of communication and community outreach,
which include engaging respected community persons to promote messages;
Assure that programs provide access to information, resources and support regarding their
child’s development, including strengths and needs for all families;
k Conduct assessments that include assets, challenges, and gaps in communities and systems, as
well as analyze disaggregated community demographic data (ethnicity, disabilities, language,
age, socio-economic status, literacy levels, underinsureduninsured rates, etc.). Use these
assessment and data to establish priority desired results and to design program that will remove
disparities and attain desired results;
k Provide idormation and support h u g h culturally and linguistically responsive service
providers and service providers who are knowledgeable about children with disabilities and
other special needs and their families;
9 Promote collaboration across disciplines, service delivery systems and communities. This
includes implementation of a coordinated service delivery approach to young children,
especially children with disabilities and other special needs and their families who are often
served by a variety of agencies, programs, and service providers;
Develop pMt, audio-visual, and electronic materials that are culturally and linguistidly
relevant for all communities served, are written at appropriate literacy levels, and are available
for specialized popuiations (e.g., Braille, closed csptioning);
Q ~ : Y I C-ue;?h
~
fmdy needs a;ndsituations (work schedules, time ofthe
Sckedule sen :ces 2R
year, lmguag~,t~aisportalion,etc.3;
Support programs that are individualized to address the cultural and linguistic diversity, as well
as the range of ability levels and behavioral and learning styles that are representative of
California’s children and families;
2
T
I
p Ensure availability of adapted and specialized services and supports as needed to assure full
participation for all children and their families. Individualization of services and supports for 41
families are critical to actively support a child’s learning experiences in natural environments to
the maximum extent appropriate;
> Demonstrate awareness of, and referrals to, services, resources and other supports available for
children with disabilities and other special needs and their families;
> Demonstrate a commitment to promote a workforce that has skills, knowledge of, and reflective
of the children and families being served, and a worMbrce that is knowledgeable about and
supportive of children with disabilities and other special needs and their families;
> Demonstrate that staffwho work with or on behalf of children and their families display a
positive attitude about working with children with disabilities and special ne& as well
children from culturally and linguistically diverse backgrounds; and
k Promote policies to assure training and technical assistance necessary to improve knowledge,
attitudes and skills of all hvol~edwith the Commission and build their capacity to work within
culturally and linguktically diverse communities,and serve as well as to work more effectively
in serving the range of abilities, behavioral and learning styles that are representative of
California’s children.
Legislative and regulatory mandates
Agencies must adhere to all legislative, regulatory and accreditation mandates pertinent to the provision of
services to children from diverse backgrounds and with diverse abilities. Prop 10 programs should:
P Embrace the spirit of the law;
> Demonstrate leadership in assuring that all swreceive training, are knowledgeable about
pertinent legislative and legal mandates and have the skills and resources necessary to
implement required modifications or enhancements to services or facilities;
> Inform parents of their rights and responsibilities as well as those of their children;
> Offer its services to all children and their families regardless of immigration status (California
Children and Families Commission Resolution -June 24, 1999); and
> Be held accountable for their compliance with key laws and other related mandates, for
example:
Title VI of the Civil Rights Act of 1964: requires linguistic access via qualified
interpreters and translated materials at no cost to the individual;
Americans with Disabilities Act 1990 (ADA): prohibits discrimination on the basis of
disability and promotes equal access, building modifications, hiring practices for
persons with disabilities;
Language Access Laws Le., Dymally-Alatorre Bilingual Services Act (CA); imposes
direct obligations statdlocal governmental agencies to provide appropriate tramlation
services for languages spoken by 5% or more of population served;
Individuals with Disabilities Education Act (IDEA) establishes special education and
coordinated, family centered service delivery systems for children with disabilities
from birth through age 5 through several programs e.g., California’s Early Start
Program, California Department of Education’s Preschool Special Education
Program; and
Executive Order 13166: issued on August 11,2000 to provide meaningfid access to
Limited English Proficient (LEP) individuals to federally assisted and federally
conducted programs and activities.
3
Results-based Accountability
Prop 10 programs will have well defined and meaningfbl outcomes that benefit children from diverse
backgrounds and with diverse abilities and thus should:
Commit to attaining their stated program outcomes realizing that their results are crucial to
ongoing sustainability and advocacy;
Allocate sufficient resources to support accouTltability and evaluation activities;
Use program planners, evaluators and other experts who are knowledgeable about children’s
differing abilities, and who are culturally competent in regards to the population(s) served in
developing effective assessment and evaluation tools and methods;
Conduct assessments that include assets, challenges, and gaps in communities and systems, as
well as analyze community demographics (ethnicity, disabilities, language, age, socio-economic
status, etc.);
Assess regularly its inclusive governance process and provide updates on the extent of the
family involvement and engagement throughout all phases of program development (planning,
imp1ementation and evaluation);
Use culturally and linguistically appropriate questions, instruments and other research methods
to collect relevant data from the populations and communities served;
Include questions on disabilities and other related issues in surveys and other evaluation and
research tools/instruments;
Collect and report disaggregated data (e.g., ethnicity, disabilities, language, age, socioeconomic status, etc.) describing children and families served and the achievement of access,
equity and desired childfamily results;
Recognize that accountability and results are crucial to ongoing advocacy and sustainability;
and
Disseminate best practices and promising practices for the benefit of all children and their
service providers throughout California.
4
[Agency] Customer Service Plan
Adopted (date)
PURPOSE OF CUSTOMER SERVICE PLAN: To define [Agencyl’s standards and its plan to provide excellent
customer service.
VISION:
All customers feel that they are treated with respect and dignity and that their needs are attended to when they
interact with [Agency].
The employees, non-paid workers and members of the Board of Directors of [Agency] share responsibility for
providing excellent customer service,
CUSTOMER DEFINITION: All individuals to whom [Agency] provides a service or information,
TYPES OF CUSTOMERS:
I,
Primary External Customer: Clientdparficipants who receive services or information from [Agency].
II.
Other External Customers:
0
Ofher service providers who request andlor coordinate services or information from [Agency] on behalf
of their clientslparticipants.
Funders and/or donors who provide financial, in-kind or other resources to [Agency].
Members of the general public who request information from [Agency].
Ill. Internal Customers: Employees, non-paid workers and members of the Board of Directors of [Agency]
who request resources, staff support andlor information from [Agency].
DEFINITION OF CUSTOMER SERVICE: Providing services or information in such a way that customers have a
positive experience with [Agency], feel their needs have been met and feel satisfied with the way their requests for
services or information were handled.
CUSTOMER SERVICE STANDARDS
Employees, non-paid workers and members of the Board of Directors will consistently meet and strive to
exceed the following standards in order to provide excellent customer senrice:
1.
General Customer Interactions: Treat internal and external customers with courtesy and respect and
make them feel welcome every time they interact with someone at [Agency] by:
A.
Acknowledging and greeting them politely in their preferred language;
B.
Acknowledging them by their preferred name, whenever possible;
C.
Introducing yourself by name, when appropriate;
D.
Asking questions politely and respectfully;
E.
Being courteous in all forms of communication (in person, in writing, by phone, fax or e-rnail);
F.
Using words, actions and a tone of voice that demonstrates readiness to help;
G.
Listening to their questions and comments without interrupting;
H.
Using words they understand andlor explaining terms that are unfamiliar to them,
1
Exhibit “H”
‘
,
II.
Telephone Etiquette: Make internal and external customers feel welcomed and respected when they
call on the telephone by:
Ensuring that there is telephone coverage during normal operating hours;
A.
Answering
the telephone with,in 3-4 rings;
6.
C. Answering the telephone in a friendly tone of voice;
D, Answering telephone calls in the order they are received;
Explaining to new callers that you are on another line and will be with them shortly, if necessary;
E.
Asking
callers if they may be placed on hold or transferred to another person, then waiting for a
F.
response prior to doing SO;
G.
Limiting the amount of time that callers are placed on hold to no more than one minute;
H.
Informing callers if the person they are trying to reach is out of the office or unavailable at the
moment.
111,
Responsiveness: Be responsive to internal and external customers’ requests for services andlor
information by:
Responding to or acknowledging the receipt of voice mail, e-mail or handwritten messages within 24
A,
hours;
Providing information about when a response can be expected, or providing alternate contact
B.
information when it is not possible to respond to or acknowledge receipt of messages within 24
hours;
Helping external customers within 15 minutes of their scheduled appointments;
C.
Informing external customers who walk inldrop in without an appointment of the projected amount of
D.
time they will have to wait before receiving assistance;
E.
Anticipating delays and keeping internal and external customers informed if they will have to wait
longer than originally expected before receiving assistance,
IV. Helpfulness: Provide accurate and relevant services‘ and information to internal and external
customers by:
A.
Being knowledgeable about [Agencyl’s services, including what can and cannot be offered;
B.
Communicating the scope and limitations of [Agencyl’s services in a clear and courteous manner;
C.
Actively taking steps to find the information, resources andlor contact person that would best
address their needs;
D.
Directing them to the person, program or agency that would best address their needs;
E,
Satisfying their needs within the guidelines of [Agencyl’s policies and procedures.
V.
\
Cultural Competence: In accordance with Santa Cruz County’s Cultural Competence Standard for
Service Delivery, ensure that services are culturally accessible, appropriate and representative.
Examples of ways to meet this standard include, but are not limited to, the following:
A.
Speaking in the preferred language, or utilizing a translator who speaks the preferred language, of
the external customer;
B.
Having brochures, flyers, recorded messages and other written materials available in the languages
that are predominantly spoken in Santa Cruz County;
C4
Making sure t&it written rnzkrials zre appropriate in terms of cultural context and literacy level;
D,
Asking questions about internal and external customers’ cultural beliefs and practices, as they
relate to providing information andlor services, instead of making assumptions,
E.
Using words, actions and a tone of voice that demonstrates respect for and sensitivity to different
cultural factors and backgrounds:
2
Rev. 5/11/04
1
F.
G.
VI,
Making sure that services and information are accessible to internal and external customers with
various physical and developmental abilities;
. Developing and implementing a Cultural Competence Plan, as described in the Santa Cruz County
Cultural Competence Standards (see Appendix A)
Environment: Create an environment for internal and external customers that is attractive,
’
welcoming, clean and safe by:
Providing a comfortable place for external customers to wait to be seen;
A.
B.
Offering external customers and their children something to eat andlor drink, as deemed appropriate
and within [Agencyl’s resources;
C.
Having books and toys available for children to play with that are age appropriate, culturally
appropriate, culturally diverse and accessible to children with different physical and developmental
abilities;
Having items in the office that‘represent different cultures (e.g. decor, cultural symbols)
D.
Offering family-friendly amenities as appropriate and available, such as space to park strollers,
E.
private space to nurse babies or change diapers, bike racks and bus shelters;
Checking for and resolving any safety hazards;
F.
Keeping lobbies, hallways, common areas, work spaces and restrooms clean;
G.
Creating ergonomically safe work spaces.
H,
I
VII. Confidentiality: Respect and maintain internal and external customers’ right to privacy at all times
by:
Informing them that all sensitive andlor identifying information will be *keptconfidential
A.
unless they have signed a written release of information or unless [Agency] is iequired by law to
disclose information;
B. , Explaining the implications of signing a written release of information;
Maintaining the confidentiality of sensitive andlor identifying information, unless a written
C.
release of information has been signed by the customer;
Holding confidential .discussions in private areas;
D.
Keeping files that contain sensitive andlor identifying information in locked cabinets;
E.
VIII. Professionalism: Represent [Agency] in a professional manner by:
A.
Limiting the number of group discussions held in common areas where external customers
might be;
B.
Holding personal conversations in private areas where other internal or external customers cannot
hear;
Minimizing personal conversations during work time;
C,
D. Using professional language that is appropriate for the type of customer;
Maintaining a professional appearance that is appropriate for their work environment;
E.
Maintaining professional boundaries according to [Agencyl’s policies (see Appendix B for sample
F.
policies);
Avoiding a conflict of interests, or the appearance of a conflict of interest, according to [Agencyl’s
G.
policies (see Appendix C for sample policies).
IX.
Customer Complaints: Resolve internal and external customers’ dissatisfaction by:
Listening to their complaints and gathering pertinent information;
A,
3
Rev. 5/11/04
V
B.
C.
D.
E.
F.
X.
Taking appropriate steps to resolve their dissatisfaction, within thk’guidelines of [Agencyl’s policies
and procedures;
Informing them about [Agencyl’s complaint (or grievance) policy if their dissatisfaction
isn’t resolved in Step 8;
Encouraging them to utilize the complaintlgrievance procedure so that [Agency] may address and
resolve the issue;
Communicating with the proper staff or departments at [Agency] so that information about the
causes of and resolution of complaints can be used for future customer interactions;
Asking them if they are satisfied with their experiences with [Agency] and the information
or services provided.
Teamwork: Foster cooperation and collaboration with internal and external customers by:
A.
Involving them in the process of identifying options and implementing solutions;
B.
Keeping them informed about changes occurring at [Agency], as appropriate;
C.
Recognizing their efforts and successes with nonmonetary rewards (e.g. giving praise, saying thank
you, “customer of the month” award, highlight in agency newsletter) and/or tangible rewards (e.g.
food, company party, gift certificate) as deemed appropriate and within [Agencyl’s resources;
Asking for, providing, accepting and acting on constructive feedback;
D.
Working together to continually improve the level of customer service.
E,
ACCOUNTABILITY
I. All employees, non-paid workers and members of the Board of Directors.of [Agency] are responsible for:
Reviewing, accepting, and implementing the customer service standards in this Plan;
A.
B.
Demonstrating personal commitment to providing excellent customer service.
II.
The management of [Agency] is responsible for:
Ensuring that all employees, non-paid workers and members of the Board of Directors
A.
receive a copy of the Customer Service Plan upon joining the agency;
Ensuring that all employees, non-paid workers and members of the Board of Directors understand
B,
and implement the Customer Service Plan;
Ensuring that all employees, non-paid workers and members of the Board of Directors receive
C.
customer service training;
Providing formal and informal feedback to employees, non-paid workers and members of the Board
D.
of Directors regarding their customer service skills;
Ensuring that all internal and external customers are aware of [Agencyl’s standards for excellent
E,
customer service;
F.
Conducting andlor participating in efforts to obtain internal and external customer feedback;
G.
Sharing internal and external customer feedback results with the appropriate stakeholders;
H.
Utilizing internal and external customer feedback results when making programmatic and policy
decisions, as appropriate;
I.
Monitoring progress and ensuring that standards in the Customer Service Pian are met;
J.
ilernonsiraiing leadership and commitment to providing excellent customer service.
4
Rev. 5/11/04