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County of Santa Cruz 0163 PROBATION DEPARTMENT P,O. Box 1812, Santa Cruz, CA 95061-1812 (831)454-2150 FAX:(831)454-3327 SCOTT MACDONALD CHIEF PROBATION OFFICER August 26,2013 AGENDA: September 10, 2013 Board of Supervisors County of Santa Cruz 701 Ocean Street, Room 500 Santa Cruz, California 95060 Re: Approve Additional AB 109 Intervention Services Contracts for FY 2013-14 Dear Members of the Board, On August 27, 2013 the Probation Department brought before you a letter requesting your approval of six contracts being renewed for Public Safety Realignment Act, Assembly Bill 109 (AB 109) related intervention and re-entry services for FY 2013-14 in partnership with the Santa Cruz County Probation D'epartment. Before you today is a request for approval of the three remaining contracts requiring approval by your Board in order to provide continued AB 109 FY 2013-14 services. As you are aware, instead of being committed to state prison, AB 109 offenders are mandated to serve their sentence in the local jail, on community supervision through the probation department, or a combination thereof. AB 109 allocated funds for local jurisdictions to provide community supervision, incarceration and intervention services utilizing effective, evidence based practices. In 2012 the Santa Cruz County Community Corrections Partnership (CCP) completed a process to select evidence-based intervention services needed to address criminogenic needs among the AB 109 population, reduce recidivism, and increase public safety. In September 2012, your Board approved the list of providers selected through an open Letter of Interest and Request for Qualifications (LOI/RFQ) process, and authorized the Probation Department to develop contracts for the associated AB 109 intervention services. Those services were begun in 2012 and are being continued this year. Thus, it is now time to renew the remaining AB 109 contracts for this fiscal year 2013-14. Based on the review panel's recommendations and after the first nine months of program implementation, Probation Department staff have continued to work with all of the service providers to determine appropriate funding and service levels for the AB 109 population and to develop the attached contracts before you for approval. These contracts require that service providers utilize evidence based practices and principles in program development and implementation of services. In alignent with the AB 109 implementation plan developed by the CCP, all AB 109 funded services are subject to on-going assessment to justify continuing funding based on the adequacy of numbers served, unit cost, utilization of evidence-based practice, and outcomes related to public safety. These contracts are based on projected client numbers, and will be revisited during the year as needed to ensure maximum service utilization. i 71 1

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Page 1: County of Santa Cruz 0163 - Santa Cruz County, Californiasccounty01.co.santa-cruz.ca.us/BDS/GovStream2/...County of Santa Cruz 0163 PROBATION DEPARTMENT P,O. Box 1812, Santa Cruz,

County of Santa Cruz 0163

PROBATION DEPARTMENTP,O. Box 1812, Santa Cruz, CA 95061-1812

(831)454-2150 FAX:(831)454-3327

SCOTT MACDONALDCHIEF PROBATION OFFICER

August 26,2013 AGENDA: September 10, 2013

Board of SupervisorsCounty of Santa Cruz701 Ocean Street, Room 500Santa Cruz, California 95060

Re: Approve Additional AB 109 Intervention Services Contracts for FY 2013-14

Dear Members of the Board,

On August 27, 2013 the Probation Department brought before you a letter requesting your approvalof six contracts being renewed for Public Safety Realignment Act, Assembly Bill 109 (AB 109)related intervention and re-entry services for FY 2013-14 in partnership with the Santa Cruz CountyProbation D'epartment. Before you today is a request for approval of the three remaining contractsrequiring approval by your Board in order to provide continued AB 109 FY 2013-14 services.

As you are aware, instead of being committed to state prison, AB 109 offenders are mandated toserve their sentence in the local jail, on community supervision through the probation department, ora combination thereof. AB 109 allocated funds for local jurisdictions to provide communitysupervision, incarceration and intervention services utilizing effective, evidence based practices.

In 2012 the Santa Cruz County Community Corrections Partnership (CCP) completed a process toselect evidence-based intervention services needed to address criminogenic needs among the AB 109population, reduce recidivism, and increase public safety. In September 2012, your Board approvedthe list of providers selected through an open Letter of Interest and Request for Qualifications

(LOI/RFQ) process, and authorized the Probation Department to develop contracts for the associatedAB 109 intervention services. Those services were begun in 2012 and are being continued this year.Thus, it is now time to renew the remaining AB 109 contracts for this fiscal year 2013-14.

Based on the review panel's recommendations and after the first nine months of programimplementation, Probation Department staff have continued to work with all of the service providersto determine appropriate funding and service levels for the AB 109 population and to develop theattached contracts before you for approval. These contracts require that service providers utilizeevidence based practices and principles in program development and implementation of services. Inalignent with the AB 109 implementation plan developed by the CCP, all AB 109 funded services

are subject to on-going assessment to justify continuing funding based on the adequacy of numbersserved, unit cost, utilization of evidence-based practice, and outcomes related to public safety. Thesecontracts are based on projected client numbers, and will be revisited during the year as needed toensure maximum service utilization.

i 71 1

Page 2: County of Santa Cruz 0163 - Santa Cruz County, Californiasccounty01.co.santa-cruz.ca.us/BDS/GovStream2/...County of Santa Cruz 0163 PROBATION DEPARTMENT P,O. Box 1812, Santa Cruz,

AB 109 Intervention Services Contract RenewalsAgenda: September 10, 2013 D/fo~

AB 109 provider contracts for FY 2013-14 include: continuing agreements to be reviewed by theCAOs offce as approved on the Continuing Agreements List (CAL) that do not need to come beforeyour Board for approval; those smaller agreements that will be converted to purchase orders; andthose that will need more than a 10% increase allowable by the CAL in order to implement theprogram for the full fiscal year and/or have somewhat significant program scope changes and thus arebeing brought before your Board for approvaL.

This includes the three remaining agreements before your Board for approval today as describedbelow. These services will be provided for eligible AB 109 participants and appropriate clientsneeding intervention and re-entry assistance in partnership with the Probation Department and forrestorative justice consulting services. In order to continue program implementation and furtherdevelopment as needed to serve the existing and ongoing AB 109 population, staff requests that yourBoard approve the following continuing agreements with an effective date of July 1, 2013:

1. Homeless Services Center in the amount of $120,000 to provide responsive, high dosage

housing support and related services to homeless, or at risk of homelessness, members of theAB 109 population in Santa Cruz County including emergency shelter beds and transitionalhousing units;

2. Pajaro Valley Unified School District, Watsonvile/Aptos Adult Education in the amount of

$109,701 for adult educational programming including Adult Basic Education, General

Education Development (GED), English as a Second Language (ESL), and vocationaltraining, as well as assessment, academic counseling, and GED testing services at theSheriffs Rountree Facility in coordination with the Sheriffs Office; and

3. United Way of Santa Cruz County in the amount of $60,535 for AB 109 Restorative Justiceconsulting and coordination services including convene and facilitate the CCP CommunityEducation and Engagement Workgroup, report on workgroup outcomes and findings,maintain the leadership academy for formerly incarcerated individuals, and develop andimplement a communications and media plan.

Funding for these agreements is available from the Probation Department's existing AB 109 fundingand no new net county cost will be incurred as a result of these actions.

IT IS THEREFORE RECOMMENDED that your Board:

1. Approve the following three agreements for AB 109 intervention and reentry services:

a. Homeless Services Center in the amount of$120,000 for housing support services;

b. Pajaro Valley Unified School District, Watsonvile/Aptos Adult Education in the amountof$109,701 for adult educational programming; and

c. United Way of Santa Cruz County in the amount of $60,535 for restorative justiceservices.

2. Authorize the Chief Probation Officer to sign the contracts on behalf of the County.ii 2

Page 3: County of Santa Cruz 0163 - Santa Cruz County, Californiasccounty01.co.santa-cruz.ca.us/BDS/GovStream2/...County of Santa Cruz 0163 PROBATION DEPARTMENT P,O. Box 1812, Santa Cruz,

AB 109 Intervention Services Contract RenewalsAgenda: September 10, 2013

Sincerely,

~9--dSCOTT MACDONALDChief Probation Offcer

SMM:AD:mka

RECOMMENDED:

~ JSUSAN A. MAURIELLOCounty Administrative Officer

Attachments: ADM-29s and Contracts

cc: CAO's Office

Auditor-ControllerProbationHomeless Services CenterPajaro Valley Unified School District-Watsonville/Aptos Adult EducationUnited Way of Santa Cruz County

3

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11

Page 4: County of Santa Cruz 0163 - Santa Cruz County, Californiasccounty01.co.santa-cruz.ca.us/BDS/GovStream2/...County of Santa Cruz 0163 PROBATION DEPARTMENT P,O. Box 1812, Santa Cruz,

COUNTY OF SANTA CRUZREQUEST FOR APPROVAL OF AGREEMENT

0166

TO: Board of SupervisorsCounty AdministrativeOffce Auditor Controller

AGREEMENT TYPE (Check One)

FROM: Probation (Department)BY: Julie Rudoe i A /' (Signature) S/22/13 (Date)

Signature certifies 'hat appropriations/revenues are available

Expenditure Agreement lE Revenue Agreement i:

The Board of Supervisors is hereby requested to approve the attched agreement and authorize the execution of same.

1. Said agreement is between the Probation Department

and Homeless Services Center. 115 Coral Street. Santa Cruz. CA 95060

(Department/ Agency)

(Name/ Address)

2. This agreement wil provide responsive. high dosge housing supPOrt services to homeless. or at risk of homelessness.members of the AB109 population in Santa Cruz County including emergency shelter beds and transitional housing units.in coordination with the santa Cruz County Probation Department.

3. Period of the agreement is from July 1. 2013 to June 30. 2014

4. Anticipated Cost is

Remarks:

5. Detail: lE On Continuing Agreements List for FY13-14. Page CC-~Contract No: CT339S1-01 OR i: 1st Time Agrement

$120.000.00 i: Fixed i: Monthly Rate i: Annual Rate i: Not to Exceed

i:lEi:

Section IISection IIISection iv

No Board letter required, wil be approved by CAOBoard letter requiredRevenue Agreement

6. Aps/Renues are availabl and are budg in 5740User Code JS6000

(Index) 3665 (SUb ob)

NOT: IF APPRTIONS AR INSUFFCINT, AlTACHED COMPLD AUD-74 ORAlUD-

Ap ~ avbiand ~ enbe.ar no wi be

::fDate: qß/¡~, ,

Prl and acnt deil re and app. It is reme th th Bord d SUpe app th ag and aut

Chief of Probation (Dept/ Agency Head) to execute on behalf of the Probation (Department/ Agency)Date: ..1 ~ I \"¡ By: ~04Wcount11 tivÒffce

Di:Bord dSUpe - WhilAuit CoIe- canaryAuIe - PinkDe-Go

st d caliiaCont dsant QuI ex-o ae of th Bord of SUperv d th Cont of santa Crz,st d caif, do he ce th th fong refo appl d ag wa ap-pr by said Bord dSUpe as reme by th Cont Adminis Of by anor duly en in th minutdsaid Bord on 20_

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AUDITOR-CONTROLLER USE ONLY

CODocument No.

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User Code

Page 5: County of Santa Cruz 0163 - Santa Cruz County, Californiasccounty01.co.santa-cruz.ca.us/BDS/GovStream2/...County of Santa Cruz 0163 PROBATION DEPARTMENT P,O. Box 1812, Santa Cruz,

Contract No. CT33981-010167

INDEPENDENT CONTRACTOR AGREEMENT(N on- Profit)

This Contract is entered into this 1st day of July, 2013, by and between the COUNTY OF SANTACRUZ, hereinafter called COUNTY, and HOMELESS SERVICES CENTER, hereinafter calledCONTRACTOR. The parties agree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the followingresults: provide responsive, high dosage housing support services to homeless, or at risk of homelessness,

members of the AB109 population in Santa Cruz County through the HOPE Program (Housing Opportunitiesfor People Re-Entering). Services wil include emergency shelter beds and transitional housing units, as well ascoordination with the Santa Cruz County Probation Department for case management and co-location ofadditional intervention services at the Homeless Service Center campus. CONTRACTOR wil submit weeklyprogram data and quarterly program progress reports. See Attachment 1: Scope of Services and Attachment 2:Budget for additional details. Additionally, if directed by Probation, CONTRACTOR may be required toprovide on-going program data, including attendance, performance and completion information in written formand/or enter program data directly into the County Probation case management system(s) when electronicinterface is available. CONTRACTOR shall utilize evidence based practices and principles in programdevelopment and implementation of services under this contract in order to address individually assessedcriminogenic needs to reduce recidivism and increase public safety. CONTRACTOR shall also provide servicesthat are racially and culturally responsive.

In alignment with the AB 109 implementation plan developed by the Santa Cruz County CommunityCorrections Partnership, all AB 109-funded services wil be subject to on-going assessment to justify continuingfunding based on the adequacy of numbers served, unit cost, utilization of evidence-based practice, andoutcomes related to public safety.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result,COUNTY agrees to pay CONTRACTOR as follows:

A. Payment not to exceed $120,000.00, processed for payment monthly or in full after projectcompletion, receipt of invoice, and approval by project manager.

B. BUDGET CONTROL: With prior written approval of COUNTY Probation Department,CONTRACTOR may adjust cost among budget line items or add/delete line items as long as the total amount ofthe contract is not exceeded.

3. TERM. The term of this Contract shall be July 1,2013 through June 30, 2014.

4. EARY TERMINATION. Either party hereto may terminate this Contract at any time bygiving thirty (30) days written notice to the other party.

5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose ofSections 5 and 6 of this document shall include, without limitation, its offcers, agents, employees andvolunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, other legal costs, or liability ofany kind or nature which COUNTY may sustain or incur or which may be imposed upon it at any time forinjury to or death of persons, or damage to property as a result of, arising out of, or in any manner connectedwith the CONTRACTOR'S performance under the terms of this Contract, excepting any liability arising out ofthe sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), orproperty(ies) of CONTRACTOR and third persons.

I'l "

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Homeless Services Center - AB109 Housing CT33981-01 ol0S

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paidwith respect to CONTRACTOR and CONTRACTOR'S officers, employees and agents engaged in theperformance of this Contract (including, without limitation, unemployment insurance, social security andpayroll tax withholding).

6. INSURCE. CONTRACTOR, at its sole cost and expense, for the full term ofthis Contract(and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the followinginsurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respectsCOUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in excess ofCONTRACTOR'S insurance coverage and shall not contribute to it. If CONTRACTOR normally carriesinsurance in an amount greater than the minimum amount required by the COUNTY for this Contract, thatgreater 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 carred by it shall bedeemed 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 orotherwise provide evidence of insurance coverage from each subcontractor equivalent to that required ofCONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here _ /

A. Types of Insurance and Minimum Limits

(1) 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 byinitialing here

(2) Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in theperformance 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 bodilyinjury and property damage. This insurance coverage is required unless the CONTRACTOR does not drive avehicle in conjunction with any part of the performance of this Contract and CONTRACTOR and COUNTYboth certify to this fact by initialing here _ / _'

(3) Comprehensive or Commercial General Liability Insurance coverage in the 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 $ 1,000,000.00 combined

single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY _ /_'

B. Other Insurance Provisions

(1) If any insurance coverage required in this Contract is provided on a "Claims 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 tailcoverage. 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 thisrequirement, a cost not exceeding 100% of the last annual policy premium during the term of this Contract inorder to purchase prior acts or tail coverage for post Contract coverage shall be deemed to be reasonable.

(2) All required Automobile and Comprehensive or Commercial General Liability

i. In~urance shall be endorsed to contain the following clause:1 j .:~ Page 2 of6

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Homeless Services Center - AB 1 09 Housing CT3 3 9 81-0 10169

"The County of Santa Cruz, its offcials, employees, agents and volunteers are added as anadditional 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."

(3) If any insurance policy of CONTRACTOR required by this document includeslanguage conditioning the insurer's legal obligation to defend of indemnify COUNTY on the performance ofany act(s) by the named insured, then said insurance policy, by endorsement, shall also name the County ofSanta Cruz as a named insured. Notwithstanding the foregoing, both the CONTRACTOR and its insurers agreethat by naming the County of Santa Cruz as a named insured, the COUNTY may at its sole direction, but is notobligated to, perform any act required by the named insured under said insurance policies.

(4) CONTRACTOR shall do all things required to be performed by it pursuant to itsinsurance policies including but not limited to paying within five (5) work days, all deductibles and self-insuredretentions (SIR) required to be paid under any insurance policy that may provide defense or indemnity coverageto COUNTY or any additional insured.

(5) All required insurance policies shall be endorsed to contain the following clause:

"This insurance shall not be canceled until after thirt (30) days prior written notice has been given to:

SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Services ManagerPost Offce Box #1812, Santa Cruz, CA 95061-1812

(6) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of theseinsurance provisions and provide COUNTY on or before the effective date of this Contract with Certificates ofInsurance for all required coverages. All Certificates of Insurance shall be delivered or sent to:

SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Services ManagerPost Offce Box #1812, Santa Cruz, CA 95061-1812

7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance ofthis Contract, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant for employmentbecause of race, color, religion, national ongin, ancestry, physical or mental disability, medical condition(cancer related), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any othernon-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 fortraining (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agreesto post in conspicuous places, available to employees and applicants for employment, notice setting forth theprovisions of this non-discnmination clause.

B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if

CONTRACTOR employees fifteen (15) or more employees, the following requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements for employees placedby or on behalf of the CONTRACTOR, state that all qualified applicants wil receive consideration foremployment without regard to race, color, religion, national origin, ancestry, physical or mental disability,medical condition (cancer related), marital status, sexual onentation, age (over 18), veteran status, gender,pregnancy, or any other non-ment factor unrelated to job duties. Such action shall include, but not be limited to,the following: recruitment; advertising, layoff or termination, rates of payor other forms of compensation,Page30f6 i Z

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Homeless Services Center - AB 109 Housing CT33 9 81-01 D 170

selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. In addition, theCONTRACTOR shall make a good faith effort to consider MinoritylW omen/Disabled Owned BusinessEnterprises in CONTRACTOR'S solicitation of goods and services. Definitions for Minority/Women/DisabledBusiness Enterprises are available from the COUNTY General Services Purchasing Division.

(2) In the event of the CONTRACTOR'S non-compliance with the non-discriminationclauses of this Contract or with any of the said rules, regulations, or orders said CONTRACTOR may bedeclared ineligible for further contracts with the COUNTY.

. (3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs 7B(1) and7B(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 foregoingprovisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY havereviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is anindependent 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 toany employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner andmeans of accomplishing the result contracted for herein.

PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the mannerand means of accomplishing the result contracted for.

SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exerciseover the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinctoccupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by aspecialist without supervision, rather than under the direction of an employer; (d) The skil required in theparticular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTYsupplies the instrumentalities, tools and work place; (f) The length of time for which CONTRACTOR isengaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by thejob rather than by the time; (h) The work is part of a special or permissive activity, program, or project, ratherthan part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating anindependent contractor relationship rather than an employer-employee relationship; and (j) The COUNTYconducts public business.

It is recognized that it is not necessary that all secondary factors support creation of an independentcontractor 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 consideredjudgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.

9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the prior writtenconsent of the COUNTY.

10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and literaturethat the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.

11. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records pertinentto this Contract for a period of not less than five (5) years after final payment under this Contract or until a finalaudit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject tothe examination and audit by the Santa Cruz County Auditor-Controller, the Auditor General of the State ofCalifornia, or the designee of either for a period of five (5) years after final payment under this Contract.

1 7 Page40f6

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Homeless Services Center - AB109 Housing CT339S1-01

dJl1\

12. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims arisingout of or related to this Contract shall be made in accordance with the provisions contained in Chapter 1.05 ofthe Santa Cruz County Code, which by this reference is incorporated herein.

13. ATTACHMENTS. This Contract includes the following attachments:

. Attachment 1: Scope of Services

. Attachment 2: Budget

. Attachment 3: Living Wage Forms (LW Form 1 & Form 2)

14. LIVING WAGE. This Contract is covered under Living Wage provisions if this section isinitialed by COUNTY

If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of SantaCruz County Code Chapter 2.122, which requires payment of a living wage to covered employees (per CountyCode Chapter 2.122.050, non-profit contractors are exempt from the living wage rate requirement of thischapter, but are not exempt from, and must adhere to, the "non-wage" related requirements of County CodeChapter 2.122.100,2.122.130, and 2.122.140, as well as all other applicable portions of County Code Chapter2.122). Non-compliance with these Living Wage provisions during the term of the Contract wil be considereda material breach, and may result in termination of the Contract and/or pursuit of other legal or administrativeremedies.

CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.

15. NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS. The followingrequirements shall be met, in addition to any other requirements of this Contract:

A.requirementGovernmentsites.

WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it shall be aof this Contract to provide links to the HelpSCC (www.helpscc.org), Santa Cruz County

(www.co.santa-cruz.ca.us), and Workforce Santa Cruz County (www.workforcescc.com) web

16. MONITORING PROGRAM FOR 50l(c)(3) NONPROFIT AGENCIES. Each of thefollowing 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 theterm of this Contract, the CONTRACTOR shall provide the Contract Administrator with two copies of FinancialStatements 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 Revenuesand Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional Expenses. The ContractAdministrator wil 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 periodthe CONTRACTOR utilizes for its annual budget cycle.

(2) The Contract Administrator with concurrence of the County Auditor-Controller mayagree 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 wherethe Contract Administrator and the County Auditor-Controller ascertain that such reporting is not essential, andboth certify to its inapplicability by initialing here (Aud); _ (CA).

Page 5 of6 i '1

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Homeless Services Center-AB109 Housing CT33981-01 Or12

C. The CONTRACTOR shall make a good faith effort to provide the Contract Administrator withtimely notice of any event or circumstance that materially impairs the CONTRACTOR'S financial position orsubstantially interferes with the CONTRACTOR'S ability to offer the services it has agreed to provide as setforth in this Contract. The Contract Administrator shall notify the Auditor-Controller of any impairment uponbeing notified by the contractor.

D. For audit authority of the Auditor-Controller refer to the paragraph on "Retention and Audit ofRecords."

17. MISCELLANEOUS. This written Contract, along with any attchments, is the full andcomplete integration of the parties' agreement forming the basis for this Contract. The parties agree that thiswritten Contract supersedes any previous written or oral agreements between the parties, and any modificationsto this Contract must be made in a written document signed by all parties. Any arbitration, mediation, orlitigation arising out of this Contract shall occur only in the County of Santa Cruz, notwithstanding the fact thatone 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.

1. 3. COUNTY OF SANTA CRUZ1l iBy: ~MorUca Martine7, Executive Director

By:Scott MacDonald, Chief Probation Offcer

Company Name:Address:

Homeless Services Center115-B Coral StreetSanta Cruz, CA 95060831-458-6020, ext. 2103831-316-5010mmartinez0)scshelter .org

Telephone:Fax:Email:

2. APPROVED AS TO INSURANCE: 4. APPROVED AS TO FORM:~lì~Risk Management ~-'1.q- 1.3

DISTRIBUTION:· Probation De¡.artment

. Auditor-Controller

· Risk Management

· Homeless Services Center

1 i l Page 6 of6

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°173

Homeless Services Center, ABI09 Scope of ServicesContract # CT33981-01, FV2013-14¡Attachment 1

SCOPE

IntroductionHomeless Services Center will exercise special skill to accomplish the following results: Providingresponsive, high dosage housing support services to homeless, or at risk of homelessness, members ofthe AB 109 population in Santa Cruz County. These housing services will include providing emergencyshelter beds and transitional housing units on the HSC campus as well as working with the SCCPD casemanagers to develop a housing plan for each participant we serve. In addition to providing a pathway topermanent housing for all AB 109 participants who are referred to HSC, we will also: provide inreach tothose at risk for homelessness upon release; provide a pro-social environment to those receiving

intensive, high dosage case management services on our campus; refer clients in need of substanceabuse treatment to network providers via the SCCPD referral procedure; provide life skills-buildingopportunities including conflict resolution and nonviolence-focused workshops to all AB 109 clients.

HSC will submit weekly program data and quarterly program progress reports. HSC shall utilizeevidence-based practices and principles in program development and implementation of services underthis contract in order to address individually assessed criminogenic needs in order to reduce recidivismand increase public safety. HSC shall also provide services that are racially and culturally responsive.

1. Evidence-Based Practice

HSC will maximize the utilization of recognized Evidence Based Practices (EBP) for reducing the risk ofrecidivism among the target population.

HSC wil target the following area(s) of criminogenic need:

1. Provide a safe space to be while working towards a permanent housing solution.

2. Reduce the risk of criminogenic behaviors creating barriers to success by providing a prosocial

positive environment for AB 109 clients on our HSC campus.

3. Provide opportunities for AB 109 clients to interact in our programs and with staff who will

support this portion of our campus community in being able to model pro-social behavior, giving

second and third chances when they "get it wrong" on first tries.4. Engage AB 109 clients in the building of necessary life skills that will set them up for long-term

success, including conflict resolution and non-violent communication.5. Provide bi-monthly Alternative to Violence (AVP) workshops to AB 109 clients and general HSC

community that support pro-social behavior and the development of useful life skills thatsupport a reduction in recidivism.

6. Accompany AB 109 clients to their court appearances, speaking on their behalf when

appropriate.7. Refer AB 109 clients to substance abuse treatment and appropriate SLEs when indicated

8. Host other AB 109-funded and community organizations by providing space on HSC campus for

them to carry out their work with those individuals who we are also serving and any other AB

109 folks for whom our campus is accessible.

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011L(

o Current active collaborative partners include: Community Action Board, Conflict

Resolution Center, Alcoholics Anonymous, Narcotics Anonymous, Alternative to

Violence Project, Janus of Santa Cruz, the Santa Cruz Community Counseling Center, the

United Way, and Friends Outside.

HSC wil address the following responsivity factors to increase motivation, service access, and reentrysuccess:

1. Provide emergency shelter and/or transitionally house 25 homeless AB 109 clients (plus family

members) for an average stay of 10 weeks in PLL, 6-9 months at PSCH and 6 months at RFS.

a. HSC will offer a temporary housing to all AB 109 clients at the Paul Lee Loft, RebeleFamily Shelter or Page Smith Community House, flexibly utilzed according to the clients'needs and program fit.

b. Carry out pre-release inreach to those incarcerated and at-risk for homelessness with

the goal of preventing homelessness or providing a discharge from custody to

shelter/housing plan.c. Provide responsive, advocacy-based services such as providing transportation and

support at medical, legal, social service and employment training appointments acrossthe county.

d. Provide intensive, high dosage case management/housing support services with staffsupport available 7 days a week.

e. The unit cost of service and billing increments have been developed as follows:. Billing will be in weekly increments. Unit Cost per program:

Weekly Unit Cost of Service for all programs = $182.93. Example:

1. Three familes made up of three individuals each (2 parents and a child or1 parent and 2 children), who stay with Rebele Family Shelter for 180 days= 1,620 bed nights.

2. 17 individuals who stay at the Paul Lee Loft an average of 70 days (;;2

months) = 1,800 bed nights.3. 2 individuals who stay at Page Smith Community House for 9 months =

540 bed nights.4. 3 individuals who stay at Page Smith Community House for 6 months =

540 bed nights.5. Total bed nights for this very plausible scenario = 4,500

2. Maintain 2 FTE Housing Support Specialists to work with AB 109 clients

At HSC we understand that homelessness is often as much of a vicious cycle as criminal recidivism.

Many of the AB 109 clients served by HSC's HOPE Program in its first year came from a cycle of

multi-generational homelessness. The staff at HSC not only understand and hold expertise in post

incarceration-focused services, but also in the cycle of poverty, family instability, mental illness,

addiction, and trauma that lead to an increased risk of homelessness and a dearth of naturalsupports.

a. Working closely with the SCCPD case managers to coordinate care, including providing

shelter while building natural supportive relationships.

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b. Assessing need and developing a housing plan for each client. Every client/resident will

be assigned to one of our HOPE Program Housing Support Specialists and will receive

full support in moving forward on attaining permanent housing and developing theprosociallife skills necessary to maintain their housing and reduce their risk for

recidivism.

c. Supporting AB 109 clients in taking each necessary step in the plan, including traveling

the system with her/his clients.

d. Streamlining the process of moving from shelter to transitional housing to permanent

housing.

e. 2.0 FTE Housing Support Specialist /Case Managers (HSS/CM) will work with 25-30 AB

109 clients over the course of 12 months. Each HSS will follow their clients through the

housing system that we are providing. For example, a client may stay in the Paul Lee Loft

for 14 days, go to Janus for substance abuse treatment for the next 28 days, come back

to the Loft for 60 days and then move into Page Smith for 3 months and then on topermanent housing. The same HOPE Program HSS/CM team will support this client

throughout his or her post-release journey, maintaining trust and continuity over time.

Thus, reducing the risk of recidivism.

3. Provide additional support services that are available to all HSC participants such as ouressential services that include: showers, laundry, meals, computers, phones...

4. Increase the availability of daytime services and programs on HSC's campus so that AB 109

participants, as well as other HSC participants, will have the opportunity to stay on campus,

engaged in prosocial activities and collaborative appointments and programs. (This item

correlates with the Daytime Campus Coordinator in the budget).

2. Cultural Competence

HSC will ensure that culturally, linguistically, cognitively and developmentally appropriate and proficientservices will be provided in order to facilitate full engagement, positive change, and reentry success.This wil include the following:

. Maintain program staff that are appropriately trained and prepared to work with this uniquepopulation.

. Provide ongoing training to the entire HSC staff that interacts with clients to ensure that thesecompetencies continue to be developed.

. Continue to provide evidence to the HSC staff in appropriate ways so that individual staffmembers understand the needs of the AB 109 participants.

3. Data Collection and Reporting

Data collection will include, at a minimum, the following: client roster with name, date of birth, gender,ethnicity, age, program entry and exit dates; cumulative service history by client, including sessiondates, duration, and content; client participation, including attendance, behavior, and completion ofprogram components; client outcomes, including progress towards program-specific goals andobjectives, as well as other areas of functioning related to successful reentry and criminal justiceinvolvement; and program implementation, including hiring, staff training and retention, programaccomplishments, barriers, challenges, and solutions developed to address barriers and challenges.

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HSC will provide quarterly reports to the Probation Department that includes the above data -elementsas well as any new elements developed by the work groups of the Community Corrections Partnership inorder to track AB 109 implementation and/or improve service delivery and client outcomes. In addition,HSC will enter on-going client data directly into the Probation Department's case management systemwhen the electronic interface is available.

4. Quality Assurance

HSC will continue to work with the Probation Department to develop appropriate mechanisms for on-going monitoring of fidelity to EBP and opportunities for continuous program improvement. This mayinclude collaboration with external observers and technical assistance.

5. Project Coordination

HSC staff will provide all services in partnership with other AB 109 service network providers and underoverall case management coordinated by the AB 109 Probation Unit. Client assessment, reentry andtreatment planning, service referral and scheduling will all be conducted within this framework.Responses to client positive and non-compliant behavior will reflect a strengths-based, motivationalapproach, and will be coordinated with probation officers as lead case managers. Multi-disciplinaryteams will be convened by probation officers as needed to develop coordinated plans and responses toclient behavior.

6. Participation in Staff Training

HSC staff will continue to participate fully in trainings and other events produced by the ProbationDepartment for the AB 109 service provider network. This is expected to include information and skillstraining in the areas of effective strategies for working with criminal justice offenders, culturalcompetency, and cognitive-behavioral interventions, as well as periodic network-wide coordinationmeetings.

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Operating Expenses-------_..._-----_.._-

Housing (Rent and Meals)

Staff Training

See AB109 Scope of Work $64,026

$1,355

$55,973

$8,645

$119,999

$10,000

Total Direct Costs

Indirect Costs 10% on a base of $109,091

Total Cost

$109,091

$10,909

$120,000

$153,672

$15,367

$169,040

$262,763

$26,276

$289,040

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C 178

COUNTY OF SANTA CRUZREQUEST FOR APPROVAL OF AGREEMENT

TO: Board of SupervisorsCounty AdministrativeOffice Auditor Controller

FROM:

BY:

(Department)

(Signature) S/22/13 (Date)Signature certifies hat appropriations/revenues are available

Expenditure Agreement lE Revenue Agreement i:AGREEMENT TYPE (Check One)

The Board of Supervisors is hereby requested to approve the attched agreemenl: and authorize the execution of same.

1. Said agreement is between the Probation Department (Department/ Agency)and Paro Ya!! Unif SC Di Watlle/Ap Adult Educ. 29 Gre Va!! Ro Watvill CA 95076 (Name/Ad)

2. This agreement wil provide adult education services for the AB109 population including but not limited to Adult BasicEducation. General Educational Development. English as a Second Language and Career Technical Education. as wellas assessment. academic counseling. and GED testing services.

3. Period of the agreement is from July 1. 2013 to June 30. 2014

4. Anticipated Cost is $109.701.00 i: Fixed i: Monthly Rate i: Annual Rate i: Not to Exceed

Remarks: Was $SO.OOO on FY13-14 CAL. encumber additional $29,701 for total contract budget amt of $109.701.

5. Detail: lE On Continuing Agreements List for FY13-14. Page CC-~Contract No: CT339S0-01 OR i: 1st Time Agreement

i:lEi:

Section IISection IIISection iv

No Board letter required, wil be approved by CAOBoard letter requiredRevenue Agreement

6. Ap/Reues are availabl and are budg in 5740User Code JS6000

(Index) 3665 (SUb ob)

NO: IF APTIONS AR INSUFFCINT, AlTACHED COMPLD AUD-74 ORAlUD-

=~~_n.- .rlJ't=

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~.. enbe Contract No: C' 3t¡ J(By:~ Date: tá41, I

Prl and aanting deil re and app. It is reme th th Bord d SUpe app th agre and autChief of Probation

Date:

(Dept Agency Head) to execute on behalf of theo./!! \

(Department/ Agency)

Di:Bord dSUpe - WhilAu Cole - canaryAuitle- PinkDerb-Go

St dcalifiaCont dSant QuI ex-o Clerk of Ute Bord of Supe d th Cont of Santa Crz,st dcali do he ce th th foeg reuefo appl d agre wa ap-pr by said Bord dSUpe as reme by th Cont Adminis 0f by anor du en in th minut d said Bord on 20_

AD-29(8/01)Tdt i, 5en 300 Pr Man Bo DeCJ

AUDITOR-CONTROLLER USE ONLY

CODocument No. JE Amount Lines

Index

Keyed By

/Sub object

H/TL DateTciio

1 f;ditQr Description

Amount User Code

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Contract No. CT33980-01

INDEPENDENT CONTRACTOR AGREEMENT(Non-Profit)

This Contract is entered into this 1st day of July, 2013, by and between the COUNTY OF SANTACRUZ, hereinafter called COUNTY, and PAJARO VALLEY UNIFIED SCHOOL DISTRICT,WATSONVILLE/APTOS ADULT EDUCATION (WAAE), hereinafter called CONTRACTOR. The partiesagree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the followingresults: provide adult education services for the AS 1 09 population including but not limited to Adult Basic

Education (ABE), General Educational Development (GED), English as a Second Language (ESL) and CareerTechnical Education (CTE), as well as assessment, academic counseling, and GED testing. Services are to beprovided at the Rountree Correctional Facility. CONTRACTOR will submit quarterly program progressreports. See Attachment A: Scope of Work and Budget for additional details. Additionally, if directed byProbation, CONTRACTOR may be required to provide on-going program data, including attendance,performance and completion information in written form and/or enter program data directly into the CountyProbation case management system(s) when electronic interface is available. CONTRACTOR shall utilizeevidence based practices and principles in program development and implementation of services under thiscontract in order to address individually assessed criminogenic needs to reduce recidivism and increase publicsafety. CONTRACTOR shall also provide services that are racially and culturally responsive.

In alignment with the AB 109 implementation plan developed by the Santa Cruz County CommunityCorrections Partnership, all AB 109-funded services will be subject to on-going assessment to justify continuingfunding based on the adequacy of numbers served, unit cost, utilization of evidence-based practice, andoutcomes related to public safety.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result,COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $109,701.00, processed forpayment monthly or in full after project completion, receipt of invoice, and approval of project manager.

3. BUDGET CONTROL. With prior written approval of COUNTY Probation Department,CONTRACTOR may adjust cost among budget line items or add/delete line items as long as the total amount ofthe contract is not exceeded.

4. TERM. The term of this Contract shall be July 1,2013 through June 30, 2014.

5. EARLY TERMINATION. Either party hereto may terminate this Contract at any time bygiving thirty (30) days written notice to the other party.

6. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose ofSections 6 and 7 of this document shall include, without limitation, its officers, agents, employees andvolunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, other legal costs, or liability ofany kind or nature which COUNTY may sustain or incur or which may be imposed upon it at any time forinjury to or death of persons, or damage to property as a result of, arising out of, or in any manner connectedwith the CONTRACTOR'S performance under the terms of this Contract, excepting any liability arising out ofthe sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), orproperty(ies) of CONTRACTOR and third persons.

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PVUSD-Watsonvile/Aptos Adult Ed CT33980

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paidwith respect to CONTRACTOR and CONTRACTOR'S officers, employees and agents engaged in theperformance of tils Contract (including, without limtation, unemployment insurance, social securty andpayroll tax withholding).

7. INSURCE. CONTRACTOR, at its sole cost and expense, for the full term of tils Contract(and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the followinginsurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respectsCOUNTY and any insurce or self-insurance maintaned by COUNY shall be considered in excess ofCONTRACTOR'S insurance coverage and shall not contribute to it. If CONTRACTOR normally carresinsurnce in an amount greater than the minimum amount required by the COUNY for this Contrct, thatgreater amount shall become the minimum required amount of insurnce for puroses of this Contract.Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances cared by it shall bedeemed liability coverage for any and all actions it perform in connection with tils Contract.

If CONTRACTOR utilizes one or more subcontrctors in the performance of this Contract,CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor orotherwise provide evidence of insurance coverage from each subcontractor equivalent to that required ofCONTRACTOR in ths contract, unless CONTRACTOR and COUNTY both initial here _ /

A. Types of Insurance and Minimum Limits

(1) Worker's Compensation in the minimum statutorily required coverage amounts. Tilsinsurance coverage shall be required unless the CONTRACTOR has no employees and certifies to this fact byinitialing here

(2) Automobile Liability Insurance for each of CONTRCTOR'S vehicles used in theperformance 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 occurence for bodilyinjur and property damage. This insurce coverage is reuired unless the CONTRACTOR does not drve avehicle in conjunction with any part of the performnce of this Contract and CONTRACTOR and COUNTYboth certify to tils fact by initialing here _ _'

(3) Comprehensive or Commercial General Liabilty Insurance coverage in the minimumamount of $1,000,000 combined single limit, including coverage for: (a) bodily injur, (b) personal injur, (c)broad form property damge, (d) contractual liabilty, and (e) cross-liabilty.

(4) Professional Liability Insurce in the minimum amount of $ 1,000.000.00 combinedsingle limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY ~~.

B. Other Insurance Provisions

(i) If any insurance coverge required in this Contract is provided on a "Claims Made"rather than "Occurence" form, CONTRACTOR agrees to maintain the required coverage for a period of three(3) years after the expiration of tils 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 tailcoverage. This provision is contingent upon post Contract coverage being both available and reasonably

affordable in relation to the coverage provided durng the term of this Contract. For puroses of interpreting thisrequirement, a cost not exceeding i 00% of the last annual policy premium during the term of this Contract inorder to purchase prior acts or tail coverage for post Contract coverage shall be deemed to be reasonable.

(2) All required Automobile and Comprehensive or Commercial General LiabiltyInsurance shall be endorsed to contain the following clause:

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PVUSD-Watsonvile/Aptos Adult Ed CT33980C 1 81

"The County of Santa Cruz, its offcials, employees, agents and volunteers are added as anadditional insured as respects the operations and activities of, and on behalf of, the named insured's performanceunder its/his/her/their contract with the County of Santa Cruz."

(3) If any insurance policy of CONTRACTOR required by this document includeslanguage conditioning the insurer's legal obligation to defend of indemnify COUNTY on the performance ofany act(s) by the named insured, then said insurance policy, by endorsement, shall also name the County ofSanta Cruz as a named insured. Notwithstanding the foregoing, both the CONTRACTOR and its insurers agreethat by naming the County of Santa Cruz as a named insured, the COUNTY may at its sole direction, but is notobligated to, perform any act required by the named insured under said insurance policies.

(4) CONTRACTOR shall do all things required to be performed by it pursuant to itsinsurance policies including but not limited to paying within five (5) work days, all deductibles and self-insuredretentions (SIR) required to be paid under any insurance policy that may provide defense or indemnity coverageto COUNTY or any additional insured.

(5) 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:

SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Services ManagerPost Offce Box #1812, Santa Cruz, CA 95061-1812

(6) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of theseinsurance provisions and provide COUNTY on or before the effective date of this Contract with Certificates ofInsurance for all required coverages. All Certificates of Insurance shall be delivered or sent to:

SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Servces ManagerPost Offce Box #1812, Santa Cruz, CA 95061-1812

8. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance ofthis Contract, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant for employmentbecause of 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 othernon-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following:recruitment, advertising, layoff or termnation, rates of payor other forms of compensation, selection fortraining (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agreesto post in conspicuous places, available to employees and applicants for employment, notice setting forth theprovisions of this non-discrimination clause.

B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if

CONTRACTOR employees fifteen (15) or more employees, the following requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements for employees placedby or on behalf of the CONTRACTOR, state that all qualified applicants wil receive consideration foremployment 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 termnation, rates of payor other forms of compensation,

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PVUSD-Watsonvile/Aptos Adult Ed CT33980 0182

selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. hi addition, theCONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned BusinessEnterprises in CONTRACTOR'S solicitation of goods and services. Definitions for Minority/WomenlisabledBusiness Enterprises are available from the COUNTY General Services Purchasing Division.

(2) hi the event of the CONTRACTOR'S non-compliance with the non-discriminationclauses of this Contract or with any of the said rules, regulations, or orders said CONTRACTOR may bedeclared ineligible for fuher contracts with the COUNTY.

(3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs 7B(1) and7B(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 foregoingprovisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

9. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY havereviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is anindependent 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 toany employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner andmeans of accomplishing the result contracted for herein.

PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the mannerand means of accomplishing the result contracted for.

SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exerciseover the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinctoccupation or business; (c) hi the locality, the work to be done by CONTRACTOR is usually done by aspecialist without supervision, rather than under the direction of an employer; (d) The skill required in theparticular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTYsupplies the instrumentalities, tools and work place; (f) The length of time for which CONTRACTOR isengaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by thejob rather than by the time; (h) The work is part of a special or permissive activity, program, or project, ratherthan part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating anindependent contractor relationship rather than an employer-employee relationship; and (j) The COUNYconducts public business.

It is recognized that it is not necessary that all secondary factors support creation of an independentcontractor 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 consideredjudgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.

10. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the prior writtenconsent of the COUNTY.

11. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and literaturethat the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.

12. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records pertinentto this Contract for a period of not less than five (5) years after final payment under this Contract or until a finalaudit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject tothe examination and audit by the Santa Cruz County Auditor-Controller, the Auditor General of the State ofCaliforna, or the designee of either for a period of five (5) years after final payment under this Contract.

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PVUSD-Watsonvile/Aptos Adult Ed CT33980 0163

13. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims arisingout of or related to this Contract shall be made in accordance with the provisions contained in Chapter 1.05 ofthe Santa Cruz County Code, which by this reference is incorporated herein.

14. ATTACHMENTS. This Contract includes the following attachments:

. Attachment A: Scope of Work and Budget

. Attachment B: Living Wage Forms (LW Form 1 & Form 2)

15. LIVING WAGE. This Contract is covered under Living Wage provisions if this section isinitialed by COUNTY

If Item # 15 above is initialed by the COUNTY, then this Contract is subject to the provisions of SantaCruz County Code Chapter 2.122, which requires payment of a living wage to covered employees (per CountyCode Chapter 2.122.050, non-profit contractors are exempt from the living wage rate requirement of thischapter, but are not exempt from, and must adhere to, the "non-wage" related requirements of County CodeChapter 2.122.100,2.122.130, and 2.122.140, as well as all other applicable portions of County Code Chapter2.122). Non-compliance with these Living Wage provisions durng the term of the Contract wil be considereda material breach, and may result in termnation of the Contract and/or pursuit of other legal or administrativeremedies.

CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.

16. NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS. The followingrequirements shall be met, in addition to any other requirements of this Contract:

A. WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it shall be arequirement of this Contract to provide links to the HelpSCC (www.helpscc.org), Santa Cruz County

Governent (www.co.santa-cruz.ca.us), and Workforce Santa Cruz County (www.workforcescc.com) websites.

17. MONITORING PROGRA FOR 50l(c)(3) NONPROFIT AGENCIES. Each of thefollowing 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 occurng durng the

term of this Contract, the CONTRACTOR shall provide the Contract Administrator with two copies of FinancialStatements 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 Revenuesand Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional Expenses. The ContractAdmnistrator wil forward one copy of the financial statements to the Auditor-Controller.

(1) For the puroses of this paragraph, "CONTRACTOR'S fiscal year" shall be that periodthe CONTRACTOR utilizes for its annual budget cycle.

(2) The Contract Administrator with concurrence of the County Auditor-Controller mayagree to extend the deadline for the Financial Statements required by this paragraph.

B. In the sole discretion ofthe County, the requirements of this paragraph may be exempted wherethe Contract Administrator and the County Auditor-Controller ascertain that such reporting is not essential, andboth certify to its inapplicability by initialing here (Aud); _ (CA).

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PVUSD-Watsonvile/Aptos Adult Ed CT33980 0184

C. The CONTRACTOR shall make a good faith effort to provide the Contract Administrator withtimely notice of any event or circumstance that materially impairs the CONTRACTOR'S financial position orsubstantially interferes with the CONTRACTOR'S ability to offer the services it has agreed to provide as setforth in this Contract. The Contract Administrator shall notify the Auditor-Controller of any impairment uponbeing notified by the contractor.

D. For audit authority of the Auditor-Controller refer to the paragraph on "Retention and Audit ofRecords."

18. MISCELLANEOUS. This wrtten Contract, along with any attachments, is the full andcomplete integration of the parties' agreement formng the basis for this Contract. The parties agree that thiswritten Contract supersedes any previous written or oral agreements between the parties, and any modificationsto this Contract must be made in a wrtten document signed by all parties. Any arbitration, mediation, orlitigation arising out of this Contract shall occur only in the County of Santa Cruz, notwithstanding the fact thatone 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.

1. PAJARO VALLEY UNIFIED SCHOOL DISTRICT,WATSONVILLE/APTOS ADULT EDUCATION

~/ /\1101 ~423r~By: ". W. (l I fh JyC/Bre cFadden, ChiefBusmess Offcer

Pajaro Valley Unified School District

3. COUNTY OF SANTA CRUZ

By:Scott MacDonald, Chief Probation Offcer

Company Name: Pajaro Valley Unified School District,Watsonvile/Aptos Adult Education294 Green Valley Road,Watsonvile, CA 95076Jack Sherman, Assistant Director831-786-2160, x2539831-786-2749Jack _ [email protected]

Address:

Contact:Telephone:Fax:Email:

2. APPROVED AS TO INSURCE: 4. APPROVED AS TO FORM:

\j

DISTRIUTION:. Probation Department

. Auditor-Controller

. Risk Management

· Pajaro Valley Unified School District, Watsonvile/Aptos Adult Education

i'l Page 6 of6

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ATTACHMENT A C 185

PAJARO VALLEY UNIFIED SCHOOL DISTRICT

Watsonvilel Aptos Adult Education

Scope of Work and BudgetAB 109 - FY 2013-14

AGENCY SUMMARY

WATSONVILLE/APTOS ADULT EDUCATION (WAAE), a division of the Pajaro Valley UnifiedSchool District provides adult education services including but not limited to academic, careertechnical education (CTE), community enrichment classes, distance learning, online learning,and GED testing. WAAE is WASC accredited, and serves students 18 years and older, as well asconcurrent K-12 high school students. Instructors are credentialed through the CaliforniaCommission on Teacher Credentialing in subjects they are authorized to teach. Classes areoffered days, nights, and weekends, following the *school district calendar. Class locations arein Watsonville at the Green Valley Center, as well as off site at Cabrillo College Watsonvillecampus, Santa Cruz County Watsonville One Stop, Rountree correctional facility, local districtschools, local agency community rooms, city parks, and churches. WAAE curriculum isapproved by the California Department of Education Adult Education offce. The CASAS test isused to track student growth for ESL, GED, HSD students. WAAE is funded through the federalWIA II grant, state appropriations, student fees, and grants/contracts.

*(Substance Abuse Education, Therapeutic Recreation and English Language Development areoffered at the Rountree Correctional facility for eight weeks beyond the school district calendar.)

SERVICES TO BE PROVIDED

WAAE agrees to provide the following services at the Rountree correctional facility as part of theSanta Cruz County Probation Department AB 109 continuum of services:

. Adult Basic Education instruction to identified inmates;

. GED instruction to identified inmates;

. GED testing to identified inmates;

. ESL instruction to identified inmates;

. Vocational Education (Horticulture) instruction to identified inmates;

. CASAS testing to inmates receiving above named instruction;

. Curriculum development tailored to AB 109 population; and

. GED/Educational counseling services to include articulation with AB 109 providers andacademic advising for inmates as needed.

OUTCOMES

. 1,400 instructional hours including curriculum development;

. 1,100 hours of substance abuse education;

. 90 hours of GED/Education counseling services;

. 25 GED certificates; and

. WAAE staff providing said services will participate in AB 109 training and providermeetings. I'

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W ME Scope/Budget

C 186

EVIDENCE-BASED PRACTICE

WME will maximize the utilization of recognized Evidence Based Practices (EBP) to ensurestudent success among the target population. This will include the following:

. Use of the US Departments Education and Labor validated CASAS competency based

assessment system;. Integration of Common Core Standards in curriculum; and

. Integration of 21st Century Learning Skills into curriculum.

WME will target the following area(s) of criminogenic need: educational attainment.

WME will address the following responsivity factors to increase motivation, service access, andreentry success:

. Inconsistent motivation; and

. Negative past experiences in educational settings.

CULTURAL COMPETENCE

WME will ensure that culturally, linguistically, cognitively and developmentally appropriate andproficient services will be provided in order to facilitate full engagement, positive change, andreentry success. This will include the following:

. Staff assigned to provide services under this agreement will be credentialed in adult basic

and secondary education and/or CTE, and lor ESL, and certified GED Examiners for GEDtesting;

. Staff assigned to this contract will have experience and/or training in working with at risk

students, and specifically, the inmate population; and. Staff assigned to this contract will participate in AB 109 trainings to increase their

understanding of working with the AB 109 population.

DATA COLLECTION AND REPORTING

Data collection will include, at a minimum, the following: client roster with name, date of birth,gender, ethnicity, age, program entry and exit dates; cumulative service history by client,including session dates, duration, and content; client participation, including attendance,behavior, and completion of program components; client outcomes, including progress towardsprogram-specific goals and objectives, as well as other areas of functioning related to successfulreentry and criminal justice involvement; and program implementation, including hiring, stafftraining and retention, program accomplishments, barriers, challenges, and solutions developedto address barriers and challenges.

WME will provide quarterly reports to the Probation Department that includes the above dataelements as well as any new elements developed by the work groups of the CommunityCorrections Partnership in order to track AB 109 implementation and/or improve service deliveryand client outcomes. In addition, WME will enter on-going client data directly into theProbation Department's case management system when the electronic interface is available.

1 'l2

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WME Scope/Budget

QUALITY ASSURANCE

WME will work with the Probation Department to develop appropriate mechanisms for on-going monitoring of fidelity to ESP and opportunities for continuous program improvement.This may include collaboration with external observers and technical assistance.

C 187

PROJECT COORDINATION

WME staff will provide all services in partnership with other AS 109 service network providersand under overall case management coordinated by the AS 109 Probation Unit. Clientassessment, reentry and treatment planning, service referral and scheduling will all beconducted within this framework. Responses to client positive and non-compliant behavior willreflect a strengths-based, motivational approach, and will be coordinated with probation offcersas lead case managers. Multi-disciplinary teams will be convened by probation offcers asneeded to develop coordinated plans and responses to client behavior.

PARTICIPATION IN STAFF TRAINING

WME staff will participate fully in trainings and other events produced by the ProbationDepartment for the AS 109 service provider network. This is expected to include informationand skills training in the areas of effective strategies for working with criminal justice offenders,cultural competency, and cognitive-behavioral interventions, as well as periodic network-widecoordination meetings.

BUDGET

Personnel2 Credentialed teachers/ASE/GED/ESL/CTE (.47/.33 FTE)

(WAAE wil contribute an additional $12,420 toward Therapeutic Recreation/ESL teacher)

2 Substance Abuse Recovery CounselorfTeacher (.47/.40 FTE)

1 Counselor (.10 FTE)1 GED Examiner (as needed)1 Vocational Instructor (Horticulture/Green Gardener)

$ 41,940

$ 53,820

$ 3,420$ 998$ 4,050

Operational Costs

GED Test FeesCASAS Testing Materials and Supplies

$ 4,473$ 1.000

TOTAL $109,701

17

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COUNTY OF SANTA CRUZREQUEST FOR APPROVAL )F AGREEMENT

C 1 El8

TO: Board of SupervisorsCounty AdministrativeOffce Auditor Controller

AGREEMENT TYPE (Check One)

FROM: Probation (Department)BY: Julie Rudoe j i~ / (Signature) S/23/13 (Date)

Signature certifiE 5 that appropriations/revenues are available

Expenditure Agreement lE. Revenue Agreement i:

The Board of Supervisors is hereby requested to approve the attched agreement and authorize the execution of same.

1. Said agreement is between the Probation Department

and United Way of Santa Cruz County. P.O. Box 145S. Capitola. CA 95010(Department/ Agency)

(Name/ Address)

2. This agrement wil provide Consulting and coordination services including convene and faciltate the CommunityEducation and Engagement Workgroup of the Community Corrections Partnership; report on workgroup outcomesand findings; maintain leadership academy for formerly incarcerated individuals; and develop and implement acommunications and media plan.

3. Period of the agreement is from July 1. 2013 to June 30. 2014

4. Anticipated Cost is $60.535.00 i: Fixed i: Monthly Rate i: Annual Rate i: Not to Exceed

Remarks: Was $60.000 on FY13-14 CAL. encumber additional $535 for total contract budget amount of $60.535.

5. Detail: lE On Continuing Agreements List for FY13-14. Page CC-22 Contract No: CT33963-01 OR i: 1st Time Agrement

i: Section II No Board letter required, wil be approved by CAOlE Section III Board letter requiredi: Section iv Revenue Agreement

6. Aps/Reue are availabl and are budg in 5740User Code JS6000

(Index) 3665 (SUb ob)

N01: IF APOPTIONS AR INSUFFCINT, AlTACHED COMPLD AUD-74 ORAlUD-

~ ha be Contrct No: CT?? e¡!3 ~Ap aeii "'- ~.. By~ Do: applt - Trv reøJ C-. _Prl and acnt deil re and app. It is reme th th Bord d SUpe app th agre and aut

(Dept/ Agency Head) to execute on behalf of t

By:

(Department/ Agency)

Di:Bord dSUpe - WhilAu Cole - canaryAuitle - PinkDerb-Go

St dcalifiaCont dsant Qui ex-o Clerk of th Bord of SUpe of th Conty of santa Crz,st dcalifia, do he ærthth fo refo appl dagrewa ap-pr by said Bord dSUpe as reme by th Cont Adminis 0f by anor du en in th minul d said Bord on 20_

AD - 29 (S/Ol)Til i, sen 300 Pr Man By DeCJ

AUDITOR-CONTROLLER USE ONLY

CODocument No. JE Amount Lines

Index

Keyed By

/Sub object

H/TL DateTciio

i Tditor Description

Amount User Code

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C 1 39

Contract No. CT33963-01

INDEPENDENT CONTRACTOR AGREEMENT(Non-Profit)

This Contract is entered into this 1st day of July, 2013, by and between the COUNTY OF SANTACRUZ, hereinafter called COUNTY, and the UNITED WAY OF SANTACRUZ COUNTY, hereinafter calledCONTRACTOR. The parties agree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skil to accomplish the followingresults: Provision of consulting and coordination services for the County of Santa Cruz Probation Departmentincluding convene and facilitate the Community Education and Engagement Workgroup of the CommunityCorrections Partnership; report on workgroup outcomes and findings; maintain leadership academy for formerlyincarcerated individuals; and develop and implement a communications and media plan. See Attachment A -Scope of Work and Attachment B - Budget for specific details.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result,COUNTY agrees to pay CONTRACTOR as follows:

A. Payment not to exceed $60,535.00, processed for payment monthly after receipt of invoice andapproval by Project Manager.

B. BUDGET CONTROL: With prior written approval of COUNTY Probation Department,CONTRACTOR may adjust cost among budget line items or add/delete line items as long as the total amount ofthe contract is not exceeded.

3. TERM. The term ofthis Contract shall be: July 1,2013 through June 30, 2014.

4. EARY TERMINATION. Either party hereto may terminate this Contract at any time bygiving thirty (30) days written notice to the other party.

5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose ofSections 5 and 6 of this document shall include, without limitation, its offcers, agents, employees andvolunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, other legal costs, or liability ofany kind or nature which COUNTY may sustain or incur or which may be imposed upon it at any time forinjury to or death of persons, or damage to property as a result of, arising out of, or in any manner connectedwith the CONTRACTOR'S performance under the terms of this Contract, excepting any liability arising out ofthe sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), orproperty(ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paidwith respect to CONTRACTOR and CONTRACTOR'S offcers, employees and agents engaged in theperformance of this Contract (including, without limitation, unemployment insurance, social security andpayroll tax withholding).

6. INSURNCE. CONTRACTOR, at its sole cost and expense, for the full term of this Contract(and any extensions thereot), shall obtain and maintain, at minimum, compliance with all of the followinginsurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respectsCOUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in excess ofCONTRACTOR'S insurance coverage and shall not contribute to it. If CONTRACTOR normally carries

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United Way - AB 1 09 Services CT33963-0 1 C' 190

insurance in an amount greater than the minimum amount required by the COUNTY for this Contract, thatgreater 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 carred by it shall bedeemed 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 orotherwise provide evidence of insurance coverage from each subcontractor equivalent to that required ofCONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here - / -'

A. Types of Insurance and Minimum Limits

(1) 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 byinitialing here

(2) Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in 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 bodilyinjury and property damage. This insurance coverage is required unless the CONTRACTOR does not drve avehicle in conjunction with any part of the performance of this Contract and CONTRACTOR and COUNTYboth certify to this fact by initialing here _ / _'

(3) Comprehensive or Commercial General Liability Insurance coverage in the 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 $1,000,000.00 combined

single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY - /-'

B. Other Insurance Provisions

(1) If any insurance coverage required in this Contract is provided on a "Claims 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 tailcoverage. 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 thisrequirement, a cost not exceeding 100% of the last annual policy premium during the term of this Contract inorder to purchase prior acts or tail coverage for post Contract coverage shall be deemed to be reasonable.

(2) All required Automobile and Comprehensive or Commercial General LiabilityInsurance shall be endorsed to contain the following clause:

"The County of Santa Cruz, its officials, employees, agents and volunteers are added as anadditional insured as respects the operations and activities of, and on behalf of, the named

insured's performance under itslhis/her/their contract with the County of Santa Cruz."

(3) If any insurance policy of CONTRACTOR required by this document includeslanguage conditioning the insurer's legal obligation to defend of indemnify COUNTY on the performance ofany act(s) by the named insured, then said insurance policy, by endorsement, shall also name the County ofSanta Cruz as a named insured. Notwithstanding the foregoing, both the CONTRACTOR and its insurers agreethat by naming the County of Santa Cruz as a named insured, the COUNTY may at its sole direction, but is notobligated to, perform any act required by the named insured under said insurance policies.

1 11 \ Page 2 of 6

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United Way - AB109 Services CT33963-01 0191

(4) CONTRACTOR shall do all things required to be performed by it pursuant to itsinsurance policies including but not limited to paying within five (5) work days, all deductibles and self-insuredretentions (SIR) required to be paid under any insurance policy that may provide defense or indemnity coverageto COUNTY or any additional insured.

(5) 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:

Santa Cruz County Probation DepartmentAttn: Julie Rudge, Administrative Services ManagerP.O. Box #1812Santa Cruz, CA 95061-1812

(6) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of theseinsurance provisions and provide COUNTY on or before the effective date of this Contract with Certificates ofInsurance for all required coverages. All Certificates of

Insurance shall be delivered or sent to:

Santa Cruz County Probation DepartmentAttn: Julie Rudge, Administrative Services ManagerP.O. Box #1812Santa Cruz, CA 95061-1812

7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance ofthis Contract, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant for employmentbecause of 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 othernon-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following:recruitment, advertising, layoff or termination, rates of payor other forms of compensation, selection fortraining (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agree,sto post in conspicuous places, available to employees and applicants for employment, notice setting forth theprovisions of this non-discrimination clause.

B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if

CONTRACTOR employees fifteen (15) or more employees, the following requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements for employees placedby or on behalf of the CONTRACTOR, state that all qualified applicants wil receive consideration foremployment 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 payor other forms of compensation,selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. In addition, theCONTRACTOR shall make a good faith effort to consider Minority/W omen/isabled Owned BusinessEnterprises in CONTRACTOR'S solicitation of goods and services. Definitions for Minority/Women/DisabledBusiness Enterprises are available from the COUNTY General Services Purchasing Division.

(2) In the event of the CONTRACTOR'S non-compliance with the non-discriminationclauses of this Contract or with any of the said rules, regulations, or orders said CONTRACTOR may bedeclared ineligible for further contracts with the COUNTY.

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United Way - ABI09 Services CT33963-01 0192

(3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs 7B(1) and7B(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 foregoingprovisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY havereviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is anindependent 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 toany employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner andmeans of accomplishing the result contracted for herein.

PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the mannerand means of accomplishing the result contracted for.

SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exerciseover the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinctoccupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by aspecialist without supervision, rather than under the direction of an employer; (d) The skil required in theparticular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTYsupplies the instrumentalities, tools and work place; (f) The length of time for which CONTRACTOR isengaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by thejob rather than by the time; (h) The work is part of a special or permissive activity, program, or project, ratherthan part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating anindependent contractor relationship rather than an employer-employee relationship; and (j) The COUNTYconducts public business.

It is recognized that it is not necessary that all secondary factors support creation of an independentcontractor 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 consideredjudgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.

9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the prior writtenconsent of the COUNTY.

10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and literaturethat the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.

11. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records pertinentto this Contract for a period of not less than five (5) years after final payment under this Contract or until a finalaudit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject tothe examination and audit by the Santa Cruz County Auditor-Controller, the Auditor General of the State ofCalifornia, 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 arisingout of or related to this Contract shall be made in accordance with the provisions contained in Chapter 1.05 ofthe Santa Cruz County Code, which by this reference is incorporated herein.

13. ATTACHMENTS. This Contract includes the following attachments:

. Attachment A - Scope of Work

· Attachment B - Budget

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United Way-AB109 Services CT33963-01 () 193

· Attachment C - Living Wage Forms (LW Forms 1 & 2)

14. LIVING WAGE. This Contract is covered under Living Wage provisions if this section isinitialed by COUNTY

If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of SantaCruz County Code Chapter 2.122, which requires payment of a living wage to covered employees (per CountyCode Chapter 2.122.050, non-profit contractors are exempt from the living wage rate requirement of thischapter, but are not exempt from, and must adhere to, the "non-wage" related requirements of County CodeChapter 2.122.100,2.122.130, and 2.122.140, as well as all other applicable portions of County Code Chapter2.122). Non-compliance with these Living Wage provisions during the term of the Contract wil be considereda material breach, and may result in termination of the Contract and/or pursuit of other legal or administrativeremedies.

CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.

15. NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS. The followingrequirements shall be met, in addition to any other requirements of this Contract:

A.requirementGovernentsites.

WEB LINKS. If a non-profit CONTRACTOR has an organizational web site, it shall be aof this Contract to provide links to the HelpSCC (www.helpscc.org), Santa Cruz County

(www.co.santa-cruz.ca.us), and Workforce Santa Cruz County (www.workforcescc.com) web

16. MONITORING PROGRA FOR 50l(c)(3) NONPROFIT AGEÑCIES. Each of thefollowing 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 theterm of this Contract, the CONTRACTOR shall provide the Contract Administrator with two copies of FinancialStatements 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 Revenuesand Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional Expenses. The ContractAdministrator wil 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 wherethe Contract Administrator and the County Auditor-Controller ascertain that such reporting is not essential, andboth certify to its inapplicability by initialing here (Aud); _ (CA).

C. The CONTRACTOR shall make a good faith effort to provide the Contract Administrator withtimely notice of any event or circumstance that materially impairs the CONTRACTOR'S financial position orsubstantially interferes with the CONTRACTOR'S ability to offer the services it has agreed to provide as setforth in this Contract. The Contract Administrator shall notify the Auditor-Controller of any impairment uponbeing notified by the contractor.

D. For audit authority of the Auditor-Controller refer to the paragraph on "Retention and Audit ofRecords."

Page 5 of6

1 '1 (',

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United Way - AB 109 Services CT33963-0 I0194

17. MISCELLANEOUS. This written Contract, along with any attachments, is the full andcomplete integration of the parties' agreement forming the basis for this Contract. The parties agree that thiswritten Contract supersedes any previous written or oral agreements between the parties, and any modificationsto this Contract must be made in a written document signed by all parties. Any arbitration, mediation, orlitigation arising out of this Contract shall occur only in the County of Santa Cruz, notwithstanding the fact thatone 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.

1. UNITED WAY OF SANTA CRUZ COUNTY

4By: . J\iÅA'-~~JO..f\Jarn sUllv1ircctor of Finance & Administrtion

3. COUNTY OF SANTACRUZ

By:Scott MacDonald, Chief Probation Officer

Mail Address: United Way of Santa Cruz County

P.O. Box 1458Capitola, CA 95010

Site Address: 4450 Capitola Road, Suite 106Capitola, CA 95010

Telephone:Fax:Email:

(831) 465-2204(831) 479-5477ksu IIi vaniaunitedwaysc. org

2. APPROVED AS TO INSURANCE: 4. APPROVED AS TO FORM:

Q,~Risk Management . 0-

'tr ì;,\"

DISTRIBUTION:. Probation Department

. Auditor-Controller

. Risk Management

. United Way of Santa Cruz County

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ATIACHMENTA

United Way of Santa Cruz County 0195

AB109 Scope of Work, FY 2013-2014

Goal: Implement the Community Education & Engagement component of the Santa Cruz County CommunityCorrections Partnership

Objective 1: Complete the process of reporting on community and stakeholder feedback on implementation of CCP

plan to CCP membership and communication of CCP plan implementation progress to the public.

Time linefLlnction$irid ActhtitÎê$

1.1 Convene and facilitatethe Community Educationand EngagementWorkgroup (CEEW) of theCommunity CorrectionsPartnership, comprised ofCCP members and other keycommunity stakeholdersand subject area experts.1.2 Report on workgroupoutcomes and findings fromcommunity engagementprocess.

07/2013-6/2014

1.1.1

1.1.2

07/2013-10/20/14

1.2.1

Convene and facilitate a minimum of 10 CEEW meetings, frequencyof meetings to be determined by the CCP and members of the workgroup as needed.

Maintain work group roster, agendas, meeting minutes and othercommunications as needed.

Host study session with CCP to present workgroup outcomes andfindings and identify next steps for communication of thisinformation with CCP and the public.

1.2.2 Develop a final report, executive summary and community orientedsummary report of findings, to be shared with communityworkshop participants and other relevant community st.akeholders.

1.2.3 Implement any further action steps identified in 1.2.1.

1.3 Maintain Leadership

Academy for formerlyincarcerated individuals.

07/2013-6/2014

1.3.1 Work with CEEW and other CCP members and their clients toproduce 2 trainings of 6 sessions each to train a pool of 10 - 15speakers who can be called upon to share their story at communityevents, meetings, schools and other appropriate venues.

1.3.2

1.3.3

1.3.4

Work with CEEW and other CCP members and their clients toproduce one "Level 2" training of 6 sessions to train a pool of 10-15speakers bureau graduates in the next level of leadership andtransferable skills, including: audience specific messaging, effectivenetworking, and self-advocacy skills.

Work with CEEW and other CCP members and their clients toproduce one "Level 3" training of 6 sessions to train a pool of 3-5graduates in the next level of leadership skills, including skills inmedia relations, social media, writing and advocacy.

Work with Speakers Bureau and Leadership Academy graduates andcommunity partners to connect graduates with speaking, trainingand job opportunities.

UWSSC AB109 Scope of Work 2013-14

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1.3.5 Host a presentation by All of us or None for graduates of theSpeakers Bureau and community partner supporters who can helpcreate a local chapter.

0196

1.3.6 Maintain a central website to serve as a resource for the communityto connect with Speakers Bureau graduates for participation inspeaking engagements.

1.3.7 Maintain the stipend program to support trained speakers andtrainer.

Objective 2: Develop and assist with implementation of a communications plan

Qs,Tasks,lties

2.1 Develop and implementa communications andmedia plan that provides anaccurate framing of localpublic safety issues and CCPPlan implementationprogress.

07/2013-6/2014

2.1.1 Complete an analysis of the local public safety narrative using theFrameworks Institute "Strategic Frame Analysis" to develop a locallyappropriate communications strategy. Analysis will includeoutreach to multiple sectors, including: victims of crime, formerlyincarcerated persons, currently incarcerated persons, businesses,

neighborhood residents, families of incarcerated persons, humanservice professionals and others as identified by the CCP and workgroup members.

2.1.2 Coordinate the publication of 1-2 local media pieces in alignmentwith the identified communications strategy.

2.1.3 Develop 1-2 fact sheets based on current data and in alignmentwith the identified communications strategy to assist CCP members,partner agencies, media and others to communicate accurate andappropriate messaging about CCP plan implementation to the

public.

2.1.4 Coordinate media and community outreach responses with CEEW

members and CCP members to issues related to public safety andAB109 as they arise with op-eds, letters to the editor and othercoordinated media outreach.

UWSSC AB109 Scope of Work 2013-14 Page 2 of 2

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ATTACHMENT B

United Way of Santa Cruz County

AB109 Budget 2013-14

PersonnelDirector of Community Organizing (.33 FTE)

Community Organizer (.25 FTE)

Benefits and Burden (28%)

Professional and Contracted ServicesConsultantTrainerStipends

SuppliesProgram SuppliesWebsite Hosting

OccupancyRentFacility RentalTelephone

Conference, Travel and TrainingMileage - 1,300 Miles @ .565 per mile

Material PrintingPrinting - 5,000 @ .10 each

Subtotal

Indirect 8%

TOTAL

UWSSC AB109 Budget 2013-14

7/01/13-6/30/14Budget

21,2419,1008,495

38,836

5,0005,5502,500

13,050

500180

680

1,600325325

2,250

735

735

500

500

56,051

4,484

$60,535

0197

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of 1

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