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SANTA CRUZ COUNTY BOARD OF SUPERVISORS INDEX SHEET

Creation Date: 9/5/03

Source Code: COBXX

Agenda Date: 9/23/03

I NVENUM: 53382

Resolutionb):

Ordinance@):

Contract@):

Continue Date(s): Index: --Letter of Clerk of the Board not dated

--List of Continuing Contracts for September 23, 2003

Item: 8. ACCEPTED AND FILED notification of continuing contracts received during the period of September 11, 2003 through September 17, 2003 and approved upon adoption of the 2003/2004 continuing agreements list to comply with Section 300 of the County's Procedures Manual, Title 1, as recommended by the Clerk of the Board

County of Santa Cruz 001 I

CLERK OF THE BOARD OF SUPERVISORS 701 OCEAN STREET, SUITE 500, SANTA CRUZ, CA 95060- 4073

(831) 454-2323 FAX: (831) 454-2327 TDD: (831) 454-2123 .

Agenda Date: September 23, 2003

Board of Supervisors 701 Ocean Street Santa Cruz, CA 9506

2003/2004 CONTINUING CONTRACTS

Dear Board Members:

In order to comply with Section 300 of the County's Procedures Manual, Title I - Finance and Accounting, as adopted by your Board of September 15, 1992, and recommendations approved in adopting the 2003/04 Continuing Agreements List, it is necessary to notify your Board of the execution of contracts included on the Continuing Agreements List which are approved during the 2003/04 Budget Hearings.

Attached is a list of continuing agreement contracts which have been executed and received by the Clerk of the Board during the period of September 11, 2003 through September 17, 2003. The contracts are on file in this office.

IT IS THEREFORE RRECOMMENDED that your Board accept and file notification of continuing contracts that have been executed, as shown on the attached list.

SuTan A. Mauriello County Administrative Officer

4

IEPARTMENT

Information Services

Human Resources

Agency (HRA)

HRA

Probation

Probation

Probation

Health Services Agency (HSA)

HSA

HSA

HSA

- rl

C O N T m G AGREEMENT5 LIST FOR SEPTEMBER 23,2003

BUDGET INDEX ZEf5

I ’-

T

Zqg 364042

CONTRACT NO.

32623

31 881 -01

3 1 880-01

32545

3291 9

30873

31 898-01 31 898-02

R250

32888

R590

CONTRACTOR

Decisionone Corp.

Santa Cruz Co. Child Abuse Prevention

Council Santa Cruz Child Abuse Prevention

Council Conflict

Resolution Center of Santa

Cruz

SC Community Counseling

Center

Community Options, Inc.

Unity Care, Inc.

State of CA - Dept. of Health

Services

Volunteer Centers of

Santa Cruz Co.

State of California Dept.

of Health Services

0012

AGREEMENT WILL

PROVIDE On-site

maintenance for personal computers,

peripherals & related

equipment Week long

summer day camp

program Funding for 3

parenting education

panels Victim-

Offender Dialogue

Program in coordination

with Probation Dept.

Continuation of OASIS

Program to Juvenile Hall Court Referral

Program Dual

Diagnosis Day

Treatment Program

Funding for the Oral Health

Programs Implementa-

tion of Puentes

employment

agreement

AMOUNT $

1 10,000.

3,425.

1,575.

39,500.

124,500.

164,125.

582,927.

Revenue 49,429.

36,900.

NIA Revenue

1

AGREEMENT TYPE (Check One) Expenditure Agreemen. \ Rwenue Agreement 0

The Board of Supewkors is hereby requested to approve the attached agreement and authorize the executlon of s a m e .

1.

2.

3.

4.

5 .

6.

Said q m n t is between the ___

a d Unity Care, I=. 6116 Camino Verde,-Suite 12, San Jose. CA 95119 (NamI-1 me agreemat will pmvid&i Dual Diagnosis Day Treatment program, TBS services and community

Health Services Agency - Mental Health J

~ ..------- (Depa-Mm)

--- 1____-

re-entry services for adolescents with dual dignoses or emotional and substance abuse

problems. Period of the agreement is hwn - July 1, 2003J to June 30, 2004J -- - --.

NOTE: IF APPROPRMTXONS ARE INSUFFICIENT, ATTACHED COMPLETED AUD-74 OR AlID50

have been con$;!, B T 3 1 8 9 8 0 .2 AppropfiatioRs available and e encumbered.

are not w: Date: 7 /; I / o 3 Auditor Controller Deputy

Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervim approve the agreement and authorize

Services Administrator (Dept/Agency Head) to execute on behalf of the

Distribution: Board of Supervisors - White Auditor Controller - Canary Auditor-Controller - Pink Department - Gold ag!-Eternent

ative Office

ADM - 29 (8/01) Title I, Section 300 hm Man

AUDITORCONlROLLER USE ONLY

--. Contract No. 1898

The COUNTY OF SANTA CRUZ through the HEALTH SERVICES AGENCY - Mental Health and Substance Abuse Services 1400 Emeline Avenue, P.O. Box 962, Santa Cruz CA 95061-0962

hereinafter called COUNTY and:

61 16 Cam' erde, Suite 12 2 '7 *' Unity Care, lnc.

S H 9 5 1 1 9 z;hy %x, Ck I 95/& ( 281-426 4 0 - 77,- 4Fz-z- hereinafter called CONTRACTOR for: a Dual Diagnosis Day Treatment program, Therapeutic Behavioral Services and community re-entry services for adolescents with dual diagnosis of emotional disturbances and substance abuse problems.

WHEREAS CONTRACTOR possesses certain skills, experience, education and competency to perform the special services and, COUNTY desires to engage CONTRACTOR for such special services upon the terms provided; and

WHEREAS pursuant to the provisions of California Government Code, Section 31000, the BOARD OF SUPERVISORS of COUNTY is authorized to enter into an agreement for such services.

NOW, THEREFORE, the parties hereto do mutually agree as set forth in:

EXHIBIT TlTLE A Standard County I Agency Provisions B Standard Mental Health Provisions C Scope of Services D Budget, Fiscal and Payment Provisions E MH Medi-Cat, Medicare Requirements F Not included in this Agreement Hi Business Associate Agreement X Revisions

Said exhibits attached hereto are incorporated into this Agreement by this reference.

IN WITNESS THEREOF, COUNTY AND CONTRACTOR have executed this Agreement to be effective:

July 1,2003 through June 30,2004

COUNTY

EXECUTIVE DIR~CTOR

HEALTH SERVICES AGENCY

Approved as to Form:

02

364042 Approved as to Insurances: Subobject: 3638 3638

Amount: $521,000 $61,927

____ Total Contract Amount: $582,927

Distribution: Clerk of the Board Auditor-Controller Health SeMkes Agency Mental Health and Substance Abuse Services

Exhibit A, 2003-2004

COUNTY OF SANTA CRUZ

EXHIBIT A - STANDARD COUNTYIAGENCY PROVISIONS

1. INDEPENDENT CONTRACTOR. It is agreed that CONTRACTOR shall perform as an independent contractor under this Agreement. CONTRACTOR is, for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CONTRACTOR and its employees shall in no event be entitled to any benefits to which COUNTY employees are entitled, including, but not limited to, overtime, any retirement benefits, worker's compensation benefits, and injury leave or leave benefits. The Board of Directors/Trustees of CONTRACTOR shall be vested with the responsibility for the administration of the program to be conducted under this Agreement.

By their signatures to this Contract, each party certifies that it is his or her considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.

2. CONTRACTORS EMPLOYEES AND EQUIPMENT. CONTRACTOR agrees that it has secured or will secure at its own expense all persons, employees and equipment unless otherwise specified required to perform the services required under this Agreement and that all such services will be performed by CONTRACTOR or under CONTRACTOR'S supervision, by persons authorized by law to perform such services. If any arrangement is made whereby employees of COUNTY are used by CONTRACTOR, they shall, while engaged in such work be considered for all purposes, as employees, servants, or agents of the CONTRACTOR and not of COUNTY, irrespective of party paying them.

3. RESPONSIBILITY FOR INVENTORY ITEMS.

a. Equipment, materials, supplies, or property of any kind purchased from funds advanced or reimbursed under the terms of this Agreement having a useful life of three years or greater and a value in excess of three hundred dollars is defined a inventory item. All such items not fully consumed in the work described herein shall be the property of the COUNTY at the termination of this Agreement unless the COUNTY, at its sole discretion, makes an alternate disposition. CONTRACTOR shall, at the request of COUNTY, submit an inventory of said items purchased under the terms of this Agreement, and for items received on a loan basis from COUNTY; such inventory will not be required more frequently than annually. CONTRACTOR shall provide a final inventory to COUNTY'S Administrator within ten ( I O ) days of the termination of this Agreement. Final disposition of all inventory items shall be in accordance with written instructions provided by COUNTY.

b. Inventory items in CONTRACTOR'S possession shall only be used in connection with the program funded under this Agreement, and shall not be loaned to the public at large. CONTRACTOR is strictly liable for repairing or replacing any inventory item which is lost and/or damaged while in its possession. CONTRACTOR is responsible for the proper maintenance of all inventory items. CONTRACTOR will return all inventory items to COUNTY

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in the same condition that it received them except for damage due to normal wear and tear.

4. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS. CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY which for the purpose of paragraphs 4 and 33 (which shall include, without limitation, its officers, agents, employees and volunteers) from and against:

a. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the CONTRACTORS performance under the terms of this contract, including but not limited to the use, misuse, or failure of any equipment, materials, tools, supplies or other property furnished to CONTRACTOR by COUNTY, excepting any liability arising out of sole negligence of the COUNTY. Such indemnification includes any damage to the person(s) or property(ies) of CONTRACTOR and third persons.

b. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTORS officers, employees and agents engaged in the performance of this Contract (including, without limitation, unemployment insurance, social security and payroll tax withholding).

5. ASSIGNABILITY. The CONTRACTOR shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to CONTRACTOR from COUNTY under this Agreement may be assigned without such approval. Notice of any assignment or transfer shall be furnished promptly to COUNTY.

6. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, including but not limited to, other projects or independent contractors, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by him under this Agreement.

7. SUBCONTRACTS. All subcontracts of CONTRACTOR for provision of services under this Agreement shall be notified of CONTRACTOR'S relationship to COUNTY. Any subcontract which is in excess of one thousand dollars ($1,000) shall have prior written approval of COUNTY'S Administrator. CONTRACTOR shall provide, upon request of COUNTY, copies of all subcontracts relating to this Agreement entered into by CONTRACTOR. CONTRACTOR has legal responsibility for performance of all contract terms including those subcontracted.

8. POLITICAL ACTIVITIES PROHIBITED. None of the funds, provided directly or indirectly, under this contract shall be used for any political activities or to further the election or defeat of any candidate for public office. No CONTRACTOR shall utilize or allow its name to be utilized in any endorsement of any candidate for elected office. Neither the contract nor any funds provided thereunder shall be utilized in support of any partisan political activities for or against the election of candidates for an elected office.

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9.

10.

11.

12.

13.

LOBBYING. None of the funds provided under this contract shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before State or Federal legislatures or the Board of Supervisors of the COUNTY to an extent other than allowed under applicable federal tax regulations for tax exempt corporations pursuant to 26 C.F.R., Section 501 (c)(3)-ib(3).

CONFORMANCE TO REGULATIONS. CONTRACTOR shall perform this Agreement in conformance with all applicable Federal, State and local rules and regulations, including applicable facility and professional licensure and/or certification laws.

CONFORMANCE TO LAW. This Agreement shall be construed and interpreted according to the laws of the State of California, the United States of America and the ordinances of the County of Santa Cruz.

ADMISSION POLICIES. Admission procedures shall be in writing, be available to the public and include a provision that services, benefits and facilities shall be provided to patientdclients without regard to race, color, religion, age (over 18), mental or physical disability, national origin, medical condition (cancer related), gender, pregnancy, or sexual orientation and that no one will be refused services because of inability to pay for services.

a. Nondiscrimination in Services, Benefits and Facilities. There shall be no discrimination in the provision of services because of race, color, religion, age (over 18), mental or physical disability, national origin, medical condition (cancer related), gender, pregnancy, or sexual orientation, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 rules and regulations promulgated pursuant thereto, or as otherwise provided on the grounds of any of the aforementioned characteristics. Discrimination in the provision of services includes, but is not limited to, the following: denying a person any service or benefit; providing to a person any service or benefit which is different, or is provided in a different manner or at a different time from that provided to other persons under this contract; subjecting a person to segregation or separate treatment in any matter related to his receipt of any service; restricting a person differently in any way in the enjoyment of an advantage or privilege enjoyed by others receiving any service or benefit; treating a person differently from others in determining whether helshe satisfied any admission, enrollment quota, eligibility, membership, or.other requirement or condition which individuals must meet in order to be provided any service or benefit; the assignment of times or places for the provision of services on the basis of any of the aforementioned characteristics of the person(s) to be served. CONTRACTOR will take affirmative action to ensure that intended beneficiaries are provided services without regard to race, color, religion, age, disability, national origin, gender, or sexual orientation.

EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Agreement, CONTRACTOR agrees as follows:

a. CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex, , sexual orientation, age (over

Page 3 of 10


18), veteran status, gender, pregnancy, or any other nonmerit 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; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

b. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants wiil receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider MinorityNVomenlDisabled Owned Business Enterprises in CONTRACTOR'S solicitation of goods and services. Definitions for MinorityNVomenlDisabled Owned Business Enterprises are available from the COUNTY General Services Purchasing Division.

(2) The CONTRACTOR shall furnish COUNTY Equal Employment Opportunity Office information and reports in the prescribed reporting format (PER 4012) identifying the sex, race, physical or mental disability, and job classification of its employees and the names, dates and methods of advertisement and direct solicitation efforts made to subcontract with MinoriiNVomenlDisabled Business Enterprises.

(3) In the event of the CONTRACTORS non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further agreements with the COUNTY.

(4) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 13b. to be inserted in all subcontracts for any work covered under this Agreement by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

14. CONFIDENTIALITY OF RECORDS. CONTRACTOR agrees that all information and records obtained in the course of providing services to COUNTY in the program shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and regulations adopted pursuant thereto. CONTRACTOR agrees that it has a duty and responsibility to make available to the COUNTY Administrator or hislher designated repre- sentatives, including the Auditor-Controller of the COUNTY, the contents of records pertaining to COUNTY which are maintained in connection with the performance of CONTRACTOR'S duties and responsibilities under this Agreement, subject to the provisions of the heretofore mentioned Federal and State statutes and regulations. The COUNTY acknowledges its duties and responsibilities regarding such records under such statutes and regulations.

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A


15.

16.

17.

18.

19.

20.

21.

MONITORING. CONTRACTOR agrees that COUNTY shall have the right to monitor the services provided under this Agreement. Monitoring shall be conducted according to standards and guidelines as set forth by State and COUNTY requirements. CONTRACTOR agrees to provide COUNTY'S Administrator, or hidher designee, with access to all applicable files and records as may be necessary to monitor the services according to the standards or guidelines described above.

REPORTS. CONTRACTOR shall submit written reports of operations, and other reports as requested by COUNTY. Format for the content of such reports will be developed by COUNTY in consultation with CONTRACTOR. Reports. shall be submitted to COUNTY'S Administrator.

OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the property of COUNTY. No such materials or properties produced in whole or in part under this Agreement shall be

subject to private use, copyright or patent right by CONTRACTOR in the United States or in any other country without the express written consent of the COUNTY. COUNTY shall have unrestricted authority to publish, disclose, distribute and otherwise use copyright or patent right by CONTRACTOR in the United States or in any other country without the express written consent of the CONTRACTOR. COUNTY shall have unrestricted authority to publish, disclose, distribute and otherwise use copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement.

EVALUATIONIRESEARCH. Evaluation or research involving contact with past or present recipients of services provided under this Agreement shall be permitted with the informed consent of the recipient and only after the CONTRACTOR has determined that the conduct of such evaluation or research will not adversely affect the quality of services provided or individual participation in services. COUNTY reserves the right to prohibit or terminate evaluation or research activities which in its judgment jeopardize the quality of services or individual participation in services provided under this Agreement.

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

VOLUNTEERS. CONTRACTOR agrees not to fill budgeted positions with volunteer workers.

TRAVELING EXPENSES, FOOD AND LODGING.

a. CONTRACTOR'S claim for travel expense for food and lodging must be directly related to this program and shall be at rates not to exceed those applicable to regular COUNTY employees. No travel outside of the State of California shall be payable unless prior written authorization is obtained from COUNTY'S Administrator.

b. Private mileage reimbursement, if paid based upon miles driven, to CONTRACTOR'S employees when incurred in performance of duties under this Agreement shall be payable at a

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--=

rate not to exceed COUNTY rates payable to COUNTY employees.

22.

23.

24.

25.

26.

CONTRACTOR PERSONNEL STANDARDS. The CONTRACTOR shall determine that all staff providing services under this Agreement shall be personally and professionally qualified to perform the job requirements under this Agreement. CONTRACTOR shall maintain a resume for each employee which shall include qualifying education, experience and licenses, if applicable. COUNTY'S Administrator may review resumes of ail CONTRACTOR'S employees to determine that CONTRACTOR is meeting State and/or Federal job qualification requirements, if applicable under this Agreement.

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

CHANGES.

a. COUNTY may from time to time request changes in the scope of the services of CONTRACTOR to be perfonned hereunder. Such changes, including any increase or decrease in the amount of CONTRACTORS compensation, which are mutually agreed upon by and between COUNTY and CONTRACTOR, shall be effective when incorporated in written amendments in this Agreement. No alteration, amendment, or modification of the terms of this Agreement shall be valid unless executed by written amendment hereto and approved by COUNTY.

b. COUNTY shall have the right to renegotiate the financial and/or programmatic terms of this Agreement in the event that there is a reduction in the approved budget.

NOTICE OF POSSIBLE TERMINATION FOR CAUSE.

a. In the event CONTRACTOR fails to perform any of the provisions of this Agreement or fails to make progress so as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not cure such failure within a period of fourteen (14) days after receipt of notice from COUNTY specifying such failure, COUNTY may by written notice of default terminate the whole or part of this Agreement.

b. In the event of a termination pursuant to Paragraph 25a, all finished or unfinished documents, and other materials, prepared by CONTRACTOR under this Agreement shall become the property of COUNTY. CONTRACTOR shall be entitled to receive reasonable compensation not to exceed actual cost as reported in interim cost reports for any satisfactory work completed on such documents, or other such materials to date of termination, not to exceed amount payable to date of termination under Paragraph 25a reduced by the amount of damages sustained by COUNTY by reason of such breach.

TERMINATION OF AGREEMENT WITHOUT CAUSE. This Agreement may be terminated without cause by COUNTY or the CONTRACTOR with thirty (30) days written notice.

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27.

28.

29.

30.

31.

32.

33.

TERMINATION DUE TO CESSATION OF FUNDING. COUNTY shall have the right to terminate this Agreement without prior notice to CONTRACTOR in the event that State or Federal funding for this Agreement ceases prior to the ordinary term of the Agreement.

EXTENSION OF TIME. COUNTY'S Administrator may extend the time for completion of CONTRACTOR'S performance under this Agreement in the event performance is delayed due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR. Both parties agree that such extension of time does not alter the amount of compensation due CONTRACTOR.

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

CONTRACTOR must comply with Office of Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and Other Non-Profit Institutions, which requires a single or program-specific audit be conducted annually if federal funds exceed $300,000. A copy of the A-I33 audit shall be submitted to COUNTY no later than eight (8) months following the end of the fiscal year being audited.

WITHHOLDING OF PAYMENT. COUNTY may withhold final payment until year end reports are received and approved by COUNTY. COUNTY may suspend or terminate payments for noncompliance with the terms of this Agreement.

DISALLOWANCE AND RESPONSIBILITY FOR AUDIT EXCEPTIONS. CONTRACTOR is responsible for knowledge of, and compliance with, all COUNTY, State and Federal regulations applicable to expenditure of funds under the terms of this Agreement. In the event CONTRACTOR claims and receives payment from COUNTY which is later disallowed based on an audit, performed by the COUNTY, the State of California or the United States government, CONTRACTOR shall promptly refund the disallowed amount to COUNTY on request, or at COUNTY'S sole option, COUNTY may offset the amount disallowed from any payment due or to become due to CONTRACTOR under this Agreement. CONTRACTOR also agrees to assume all responsibility for receiving, replying to, and complying with any audit exception by the COUNTY, State or Federal audit agency.

OVERPAYMENTS. Over payments as determined by audits shall be payable to COUNTY within thirty (30) days after date of said determination. Over payments held in excess of thirty days shall be subject to a penalty charge of a flat twelve (12) percent per annum.

INSURANCE.

a. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage

Page 7 of 10

- Exhibit A, 2003-2004

as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTOR'S insurance coverage and shall not contribute to it.

b. If CONTRACTOR utilizes subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent CONTRACTOR'S Insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

(1) Types of insurance and Minimum Limits

(a) Worker's Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if CONTRACTOR has no employees.

(b) Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTOR'S employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodily injury and property damage.

(c) 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.

(d) Professional Liability Insurance in the minimum amount of $1,000,000 combined single limit.

(e) CONTRACTOR agrees to carry and maintain during the entire term of this Agreement fire and extended coverage including theft insurance to adequately cover value of COUNTY'S inventoriable items in the possession of CONTRACTOR. Insurance policy must name COUNTY as the loss payee.

(2) Other Insurance Provisions

(a) If any insurance coverage required in this Agreement 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 Agreement (hereinafter "post agreement coverage") and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

(b) All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clause:

"The County of Santa Cruz, its officials, employees, agents and volunteers are added as an

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--


additional insured as respects the operations and activities of, or on behalf of, the named insured performed under Agreement with the County of Santa Cruz".

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

"This insurance shall not be canceled until afler thirty (30) days prior written notice has been given to: Claims Desk, Health Services Administration, P.O. Box 962, Santa Cruz, CA 95061.

(d) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide COUNTY on or before the effective date of this Agreement with Certificates of Insurance for all required coverage. All Certificates of Insurance shall be delivered or sent to: Claims Desk, Health Services Administration, P.O. Box 962, Santa Cruz, CA 95061.

34. SAFETY AND INFECTION CONTROL.

a. CONTRACTOR asserts that it is in compliance with applicable CaVOSHA guidelines for safety and infection control, including blood-borne pathogens, and that there are no enforcement actions, litigation, or other legal or regulatory proceedings in progress or being brought against CONTRACTOR as a result of non-compliance with such guidelines. CONTRACTOR agrees to notify COUNTY immediately should the status of any of the assertions in this paragraph change or come into question.

b. CONTRACTOR must, upon request, furnish documentation satisfactory to COUNTY'S Health Officer, of the absence of tuberculosis disease for any employee or volunteer who provides services under this Agreement.

c. CONTRACTOR agrees to furnish COUNTY, upon request, a copy of CONTRACTORS Safety and Infection Control Policy.

35. CULTURAL COMPETENCY:

In order to ensure access to services, CONTRACTOR shall provide services in a culturally competent manner. Cultural competency is defined as a congruent set of practice skills, behaviors, attitudes and policies that enable staff to work effectively in cross-cultural situations. CONTRACTOR shall provide or make available to staff cultural competency training. CONTRACTOR'S clients whose sole language is the COUNTY'S threshold language (i.e., Spanish) shall be provided information, access and direct services in that language.

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-

36. LIVING WAGE:

This agreem i overed under Living Wage provisions if this paragraph is initialed by COUNTY .

This agreement is subject to the provisions of Santa Cruz County Code Chapter 2.122, requiring payment of a living wage to covered employees, if this DaraqraDh is initialed bv the COUNTY. Non-compliance during the term of the contract will be considered a material breach and may result in termination of the Agreement or pursuit of other legal or administrative remedies.

If a contract for Living Wage covered services in excess of $50,000 is terminated prior to its expiration, any new contract with a subsequent contractor for the same services must include this term:

"CONTRACTOR shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of the prior contractor, (3) employed by the prior contractor for less than six months, or (4) convicted of a job-related or workplace crime. Upon request by the COUNTY, the CONTRACTOR shall demonstrate to the COUNTY that good faith efforts have been made to comply with this provision."

Exhibil A 2003-04 7125103

Page I O of 10

Exhibit B, 2003-2004

COUNTYOFSANTACRUZ

EXHIBIT B - STANDARD MENTAL HEALTH PROVISIONS

This is an Agreement between the parties relating to the rendering of mental health services as defined in, and for which State reimbursement may be claimed under, the provisions of the Bronzan-McCorquodale Act (Part 2 of Division 5, Welfare and Institutions Code) and its accompanying regulations contained in Subchapter 3 of Title 9, California Code of Regulations, parts of which provide definitions, standards, and procedures by and pursuant to which such services may lawfully be provided. Services shall be provided under the general supervision of the Health Services Administrator or his designee. For the purposes of this Section, "designee", may include any permanent employee on the staff of such Administrator as may be appropriately designated to provide liaison, coordination, or supervision over the services described herein.

1.

2.

3.

ADMINISTRATION:

COUNTY'S Director of Mental Health, or his or her designee, hereinafter called COUNTY'S ADMINISTRATOR, under direction of the Health Services Administrator, shall represent COUNTY in all matters pertaining to services rendered pursuant to this Agreement and shall administer this Agreement on behalf of COUNTY. CONTRACTOR'S Executive Director shall administer this Agreement on behalf of CONTRACTOR.

NOTICE:

Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the officials cited in Paragraph 1 above, for CONTRACTOR at the address cited on this Agreement's cover sheet, and for COUNTY at Community Mental Health, P.O. Box 962, Santa Cruz, CA 95061-0962, Attention: Director of Mental Health.

PROVISION OF SERVICES:

a. CONTRACTOR agrees to establish and conduct a program of mental health services under the Bronzan-McCorquodale Act services to persons with behavioral and emotional disorders who reside in Santa Cruz County and are eligible for treatment under the Santa Cruz County Performance Contract. All services rendered under this Agreement shall be subject to the supervision of the COUNTY'S Director of Mental Health and shall be provided in a manner consistent with the requirements of the Bronzan-McCorquodale Act; Subchapter 3 of Title 9, California Code of Regulations; and applicable ordinances and resolutions of the Santa Cruz County Board of Supervisors.

b. The COUNTY Director of Mental Health or hidher staff shall specify in writing the kind, quality and amount of service which shall be provided to each eligible patienffclient under this Agreement. Said service to be mutually agreed upon and fall within parameters of this Agreement.

c. CONTRACTOR agrees to provide services to program clients throughout the period of this

Page 1 of 5


Agreement.

d. As part of the State required Quality Assurance and Improvement Plan, CONTRACTOR shall develop a complaint and grievance process for use by clients and family members to express concerns about access to and/or quality of care. This process shall be in writing and available to the public. As part of this process, CONTRACTOR shall maintain a complaint log and provide an annual report on numbers and types of complaints, outcomes of the complaints, and system issues causing problems for patients.

e. Managed Care requires that each provider who delivers client services monitor its success helping clients avoid re-hospitalizations. Each CONTRACTOR shall develop and submit a monthly report to Mental Health Administration. This report shall include the names of clients enrolled in the program and a highlighting of clients admitted to the hospital in the prior calendar month. CONTRACTORS may obtain assistance from Mental Health Administration on how to gather the necessary data to be in compliance with this requirement.

f. Should CONTRACTOR provide services to client(s) whose payor source is a Health Maintenance Organization, CONTRACTOR shall receive prior approval from the HMO, othewise the client shall be charged full cost for services provided; CONTRACTOR shall inform clientts) of this during the fee evaluation process or at the time of program admission.

g. Similarly, clients who receive funds distributed by a Trust of any kind shall be informed by CONTRACTOR during the fee evaluation process or at the time of program admission that they will be charged the full cost of services provided.

4. CONFORMANCE TO CWDC:

It is agreed that the Cost ReportingIData Collection Manual, an official publication of the State Department of Mental Health promulgated pursuant to the Bronzan-McCorquodale Act, establishes basic requirements to which a contract'provider must adhere for approval by the State. CONTRACTOR agrees to comply with all applicable provisions of this manual and any amendments thereto, which by this reference is incorporated into and made a part of this Agreement. A manual will be provided to the CONTRACTOR on an annual basis.

a. Procedure for Complaint Process. All complaints alleging discrimination in the delivery of services by CONTRACTOR because of race, color, religion,'age, disability, national origin, gender, or sexual orientation shall be resolved by the State through the Department of Mental Health's Affirmative Action complaint process.

b. Notice of Complaint Process. CONTRACTOR shall, subject to the approval of the Department of Mental Health, establish procedures under which recipients of service are informed of their rights to file a complaint alleging discrimination, or a violation of their civil rights with the Department of Mental Health.

5. RECORDS

a. Client Records. CONTRACTOR shall maintain individualrecords for each client, Such

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6.

7.

8.

records shall include identifying data, social and financial data, and a record of services provided by various personnel in such sufficient detail to make possibte an evaluation by COUNTY of services rendered. COUNTY, at its sole option, may take custody and be responsible for safeguarding CONTRACTOR'S client records upon termination of this Agreement and shall thereupon act as custodian of such records for CONTRACTOR. CONTRACTOR shall be permitted access to and have a right to make copies of such records at any time. COUNTY agrees to maintain such records for such period as may be required by Title 22 of the California Code of Regulations. COUNTY agrees that such custody will conform to applicable confidentiality provisions of State and Federal law.

b. Riclht to Review. CONTRACTOR authorizes the State Department of Mental Health, the Health Administrator or hidher designee and/or designated auditors of the COUNTY or State, the right to inspect and othetwise evaluate the appropriateness and timeliness of services performed, and to audit and inspect any books and records of CONTRACTOR which pertain to services performed and payments made pursuant to this Agreement. The State Department of Health shall have the same rights of inspection and evaluation of Medi-Cal services provided by CONTRACTOR pursuant to this Agreement.

c. Confidentiality of Client Records and Information. For the COUNTY'S Mental Health system (i.e., all Bronzan-McCorquodale funded providers) to provide coordinated, quality care, all COUNTY and Contract providers must be able to discuss and exchange relevant clinical and service needs information. This information must be exchanged when making referrals, accepting referrals or coordinating service delivery to a client. Consultation with the client regarding this exchange of information is required of the CONTRACTOR. CONTRACTOR is responsible for insuring that its ability to exchange client information within the Bronzan-McCorquodale provider system is maintained.

PAYMENT OF CLAIMS:

a. COUNTY agrees to pay CONTRACTOR on receipt of a property submitted monthly claim in a form found agreeable by COUNTY certifying the extent of performance under this Agreement. Each claim shall be submitted to and approved by COUNTY'S Administrator prior to payment by COUNTY.

b. It is further agreed that the monthly claim will be based on the proposed budget andlor estimated units of service as presented in Exhibit D.

FULL COMPENSATION:

Pending any cost report adjustment, each claim so approved and paid shall constitute full and complete compensation to CONTRACTOR for the period covered by the claim. It is expressly understood and agreed that this Agreement constitutes the entire Agreement of CONTRACTOR and COUNTY and in no event shall CONTRACTOR be entitled to any compensation, benefds, reimbursements, or ancillary services other than as herein expressty provided.

PARTlAL PERFORMANCE:

In the event less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable cost for the services performed for the payment period as

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determined by COUNN'S Administrator.

9. ACCOUNTS RECEIVABLE:

In the event that CONTRACTOR or COUNTY terminates this Agreement, the COUNTY shall retain its interest in the accounts receivable which was a result of the CONTRACTORS Bronzan-McCorquodaie eligible service under this Agreement. The accounts receivable shalt either be assigned to the COUNTY or shail be used to offset any amounts that may be due to CONTRACTOR resulting from such termination with said determination to be made by COUNTY in the exercise of its reasonable judgement.

10. BUDGET CONTROL:

CONTRACTOR may transfer up to 5% of total contract budget covered by this Agreement between budget categories or types of service. . Transfers of greater amounts shall only be made with the advanced written permission of COUNTY'S Administrator.

11. COST REPORT:

CONTFWCTOR agrees to submit a detailed cost report in the format prescribed by the State Department of Mental Health no later than 60 days after the end of the contract period. The CONTRACTOR shall also submit a copy of the CONTRACTOR'S trial balance (statement of revenue and expenses) with the cost report. As a part of the cost report, CONTRACTOR will reconcile in writing the total units of service delivered under this Agreement to the units of service reported by CONTRACTOR to COUNTY'S data system. CONTRACTOR shall remit any unearned funds to the COUNTY at the time CONTRACrOR submits cost report. In the event that the reconciliation indicates that CONTRACTOR delivered more units of service than had been reported previously, and total payments made to CONTRACTOR by COUNTY is less than the contract maximum amount, CONTRACTOR may submit an invoice to COUNTY for any additionat amounts owed, up to the contract maximum amount.

12. PRODUCTWITY:

CONTRACTOR shall develop and monitor individual written staff productivity standards which maximize direct services to clients. Monthly or quarterly reports of staff productivity will be submitted by the CONTRACTOR to the COUNTY. CONTRACTOR shall provide written productivity standards and a method of monitoring those standards to the COUNTY Administrator.

13. QUALITY IMPROVEMENT PARTICIPATION:

Ail CONTRACTORS who provide direct services to clients in the county shall participate in the Quality Improvement program. This includes weekly meetings providing review of clinical records, peer review, difficult case conferences, utilization review appeals, and client outcomes development and review.

14. CULTURAL COMPETENCY

CONTRACTOR will comply with provisions identified in Exhibit A, paragraph 35 of this contract.

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Exhibit 6,2003-2004

CONTRACTOR will have policies that comply with Title VI (Civil Rights Act) requirements prohibiting the expectation that family members provide interpreter services. CONTRACTOR will provide services in the COUNTY'S threshold language (Spanish), or will provide free language assistance services. CONTRACTOR shall have policies and procedures for meeting language needs for consumers who do not meet threshold language criteria.

CONTRACTOR shall have available culturally and linguistically appropriate written information for identified threshold languages.

CONTRACTOR shall have available, as appropriate or feasible, atternatives and options that accommodate individual preferences and cultural and linguistic differences.

CONTRACTOR shall have a process to ensure that staff is able to provide culturally and linguistically competent medically necessary specialty mental health services. CONTRACTOR will provide or make available to staff cultural competence training, including an annual training on client culture.

CONTRACTOR will encourage staff participation in the COUNTY'S Cultural Competence Council.

15. COUNTY INVOLVEMENT REGARDING HIRING:

CONTRACTOR shall allow COUNTY to comment on the CONTRACTORS selection of an Executive Director, Program Administrator or Program Manager whose primary responsibility entails the operation of program(s) funded by this Agreement.

16. REPORTABLE INCIDENTS:

CONTRACTOR shall report within 24 hours all incidents affecting the immediate health, safety and well being of clients to the office of the Mental Health Director. Reportable incidents include, but are not limited to, at1 deaths, episodes of acute life threatening illness, serious physical or psychological injuries (or risk thereof), and allegations of abuse and/or neglect.

CONTRACTOR shall establish procedures for the investigation of such incidents and shall cooperate with any additional investigation COUNTY may wish to conduct.

Exhibit B 2003-2004 7/24/03

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.-~

EXHIBIT C, 2003-idM


EXHIBIT C-SCOPE OF SERVICE

Unity Care, Inc.

Provider Unity Care, Inc. Provider Nos. 44BC Provider Telephone: (831) 464-8161 Programs: Dual Diagnosis Day Treatment and Community Re-Entry Program Address: 810 Calabassas Rd. Watsonville Ca 95076 Program Telephone: (83 1) 768-9040

1.0 PROGRAM INTENT

1.1 Primary Task: Unity Care Dual Diagnosis Intensive Day Treatment program is designed to address the specific treatment needs of adolescents who are dual diagnosed with both emotional disturbances and substance abuse problems. CONTRACTOR coordinates with the COUNTY’S Children’s Mental Health Services, COUNTY Alcohol and Drug Program, schools, Probation, law enforcement, and families of these youths.

A systems goal for the dual diagnosis program, like the Children’s System of Care mission, is preparing youth in intensive levels of care to be successfully re-united with their families. A primary purpose is to shorten placement stays in residential care when appropriate, working closely with families, Probation, the Alcohol and Drug Program, and Mental Health to facilitate family reunification in a timely manner. More specifically, the program’s intent is to promote rehabilitation and recovery by providing an array of medically necessary services which are individually tailored to meet the needs of emotionally and behaviorally disturbed adolescents who also have substance abuse problems - and to serve them locally within Santa Cruz County.

The Unity Care program provides an intensive day treatment program with a dual diagnosis focus with specific and specialized emphasis on addressing the cultural needs of Latino youth and families through the provision of culturally competent programming and staffing. Services include assessment, collateral, individual, group, crisis, and psycho-educational and therapeutic recreation services packaged in a single intensive day treatment rate. Mental health rehabilitation services may be provided before and after day treatment program hours where appropriate to meet the

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- EXHIBIT C, 2003-2W4

needs of these high-risk youth and their families; these services are subsumed under the Day Treatment Intensive program. The program will also work with clients to ensure involvement in 12-step, self-help recovery meetings.

Youth enrolled in the program have access to other services including the educational program operated by the County Office of Education. In addition, support services from Mental Health will be accessed when appropriate (medication management, crisis/hospital evaluation, intensive family support). This comprehensive treatment approach helps to ensure the ongoing success of each client in achieving treatment goals and objectives. Treatment plans are personalized according to the particular needs of individual clients and are reflective of culture, gender, age, and level of risk.

Funding from the Center for Substance Abuse Treatment (CSAT) Los Puentes grant will provide support for a 1 .O hll-time equivalent (FTE) Community Re-Entry Specialist and related operating expenses. The Community Re-entry Specialist will be matrix supervised in conjunction with the HSA Los Puentes Project Director, and will support re-entry of Unity Care clients into the community through case management and community resource development.

1.2 Description of Services:

a. Day Treatment: CONTRACTOR provides a Full Day Intensive Day Treatment program under Title 9 and new State Department of Mental Health regulations to mental health and dual diagnosis clients. Specialized, focused substance abuse treatment and education is provided in a culturally competent manner.

Coordinators: CONTRACTOR staff will serve as Coordinators for Santa Cruz County youth placed at Unity Care. The Coordinators role will be to open clients to Coordinated Care (if not already open) and ensure that all applicable documentation is completed. CONTRACTOR staff will also operate as service providers to ensure that Service Plans and other docmientation as required are completed in a timely manner.

Referrals to CONTRACTOR will come from the inter-agency Probation Placement Screening Committee staffed by Probation, the Alcohol and Drug Program, and Mental Health. On rare occasions, with Probation consent, an adolescent court dependent may be placed at Unity Care if clinically appropriate. CONTRACTOR will coordinate closely with the committee at the time of client entry program. Smooth transitions at time of discharge to other out-of-county group homes, STAR, GROW, PARK family preservation programs, or home will be provided by CONTRACTOR in collaboration with Mental Health and Probation. When a Unity Care client is hospitalized the Unity Care coordinator will visit the client and participate in a staffing within 48 hours after admission, preferably within 24 hours if appropriate. Lf the client continues to be

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-- EXHIBIT C, 2003-LW

hospitalized, CONTRACTOR staff will participate in staffings to ensure good discharge planning.

CONTRACTOR will work closely with Probation, the Alcohol and Drug Program, and Mental Health to ensure that all clients will have placement Medi- cal in place before entry into the Intensive Day Treatment program. An allowance will be made for no more than one Day Treatment slot at a time for the following occurrences:

1. Placement of an “undocumented” client who is ineligible for Medi-Cal;

2. Placement of a non-Santa Cruz County child after all efforts have been made to identify an appropriate Santa Cruz County court ward (to be negotiated case by case, within a 10% annual vacancy rate). In such instances, every effort shall be made by Unity Care, Probation, and Mental Health to secure from the other county’s Mental Health Plan permission to bill Medi-Cal for Intensive Day Treatment services. In addition, CONTRACTOR shall work closely with the other county’s Probation department to transition the non-Santa Cruz County ward home again when clinically appropriate -to avoid any unnecessary longer lengths of stay by non-Santa Cruz County clients; or

3. If there are not enough Santa Cruz County wards for Unity Care placement; and

4. If another county’s Mental Health Plan agrees to full Medi-Cal authorization, by mutual consent between Probation, the Alcohol and Drug Program, Mental Health and Unity Care more than one non-Santa Cruz County ward may be placed. Priority will be given to geographically adjacent counties.

A range of services are provided to assist the adolescent client to gain the social and fimctional skills necessary for appropriate development and social integration, with an emphasis on substance abuse issues and culturally competent staffing, activities and strategies. Interventions are intended to promote recovery from alcohol and drug abuse, prevent hospitalization, longer term residential care, locked care, and out-of-state placement. A key component of these services is close contact and coordination with families.

b. Therapeutic Behavioral Services (TBS) is a type of Mental Health Service available to a child who has serious emotional problems, is under 21, and has full scope Medi-Cal.

The client must be receiving other specialty Mental Health Services and meet the following criteria:

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_-

EXHIBIT C, 2003-2W4

0 Have serious emotional problems AND

Live in a group home for children and young people with very serious emotional problems. (These group homes are sometimes called Rate Classification Level (RCL) 12, 13, or 14 group homes) ; OR

Live in a state mental health hospital, a nursing facility that specializes in mental health treatment or a Mental Health Rehabilitation Center (MHRC) that has been designated as an institution for mental diseases (IMDs); OR

Are at risk of having to live in a group home (RCL 12, 13, OR 14), a mental health hospital or an MHRC that has been designated as an IMD; OR

0 Have been hospitalized within the last 2 years for emergency mental health problems.

e Have previously received ms.

c. Protocol for accessing TBS

TBS must be authorized, by the COUNTY'S Mental Health TBS Coordinator.

Unity Care Referrals (in-house cases): Any Santa Cmz County child who is a full scope Medi-Cal beneficiary and is a member of the TBS class and meets eligibility criteria can receive one-to-one services while in placement at any Unity Care Group facility.

Community Referrals: CONTRACTOR can provide TBS services for any Santa Cruz County eligible minor within Santa Cruz and Monterey Counties (including other counties when feasible).

CONTRACTOR agrees to the following procedure:

Unity Care Referrals (in-house cases): 1. A referral request will be submitted to the COUNTY TBS

Coordinator. 2. The COUNTY Mental Health TBS Coordinator, case coordinator,

and the Unity Care TBS manager will meet to discuss case if necessary.

Coordinator will either approve or deny the TBS request. 3. Within 14 days of a referral request, the COUNTY TBS

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EXHIBIT C, 2003-MO4

4. CONTRACTOR will follow the TBS initial authorization, reauthorization and documentation requirements as specified in the COUNTY'S Policy and Procedure regarding TBS.

5. If approved, CONTRACTOR staff will be assigned to provide TBS.

6. Prior to the onset of TBS, CONTRACTOR staff providing TBS must have an employee billing number assigned by Mental Health.

7. To obtain an employee billing number, a completed Employee Questionnaire form is routed to Mental Health's Departmental Information System Analyst.

8. TBS progress notes and Individual Service Log for mental health staff forms must be completed daily and submitted weekly to the Mental Health Data Clerk assigned to Unity Care.

COUNTY TBS Coordinator. 9. CONTRACTOR will schedule regular meetings with the

Community Referrals: 1. COUNTY TBS Coordinator will contact Unity Care TBS manager

and determine availability of staff for given child and location. 2. If availability exists, TBS Request form will be faxed to

CONTRACTOR. 3. CONTRACTOR will follow the TBS initial authorization,

reauthorization and documentation requirements as specified in the COUNTY'S Policy and Procedure regarding TBS.

Coordinator, Case Coordinator, and parent or guardian, to meet with M e r to discuss case and develop appropriate treatment plan. Forms will be signed at this meeting.

5. Prior to the onset of TBS, CONTRACTOR staff providing TBS must have an employee billing number assigned by Mental Health.

6. To obtain an employee billing number, a completed Employee Questionnaire form is routed to Mental Health's Departmental Information Systems Analyst.

7. TBS progress notes and Individual Service Log forms must be completed daily and submitted weekly to the Mental Health Data Clerk assigned to Unity Care.

TBS Coordinator.

4. Unity Care TBS Manager will set up appointment for TBS

8. CONTRACTOR will schedule regular meeting with the COUNTY

d. CSAT Community Re-entry: CONTRACTOR will provide for a 1 .O FTE Community Re-entry Specialist and related o-Derating costs on a cost reimbursement basis accordinp to approved CSAT budget to provide community re-entry services for Unity Care residents, including: using methods such as family conferencing. and motivational interviewing, develop trusting: relationships

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- EXHIBIT C, 2003-2004

A

with youth and their families to assess needs for continuing care and community re-entry services and supports; develop knowledge of and relationships with community resources for continuing care and communiy re-entry-(includinn the recovering community); encourage. facilitate and advocate for youth and families to use needed community resources: coordinates activities of a Continuing Care Youth Advocate (part-time County Student Worker) collect client outcome date and participate in other evaluation activities; document services as required; other duties as assigned. The Community Re-entry Specialist will be matrix supervised bv the CSAT Los Puentes Pro-iect Director.

e. Program design includes the following:

1. Length of stay: Average 9 months, range 6-15 months. 2. Youth Served: 12 Santa Cruz County male youth at a time; estimate 12-18

annually.

f. Unity Care management will meet monthly with the Children’s Mental Health and Alcohol and Drug Program management teams to ensure coordination and evaluation of services with the Children’s System of Care and evaluation requirements. Additional meetings shall include participation on Quality Assurance committees, Inter-Agency meetings involving Probation, the County Alcohol and Drug Program, the Alcohol and Drug Abuse Commission, and other concerned parties in the community as needed. The “systems intent” is to integrate CONTRACTOR into the larger Inter-agency System of Care for high- risk youth.

g. In addition to the services described above, CONTRACTOR service provision shall include, but not be limited to, some or all of the following Medi-Cal Administrative Activities related to indirect patient care (as referenced in the COUNTY’S Mental Health MAA Plan: IntakdBenefit Assistance (715), Medi- cal Outreach (717), Referral in Crisis Situations (713), Case Management of Non-Open Case (7 18), General Administration (72 l), Day Program Support (714), Residential Support (75 l), Clinical Availability (761) , Medi-Cal contract Administration (724), MAA Related Training (7 19), General Mental Health Outreach (7 16) and Paid Time Off (7 13).

h. Services provided by CONTRACTOR without prior COUNTY approval, particularly those provided in excess of agreed upon limits, will not be reimbursed.

1.3 Description of Client Population: Unity Care serves adolescent males 13 to 17 years old with serious emotional disturbances and substance abuse problems. Individuals are screened for their readiness to manage the responsibilities inherent in the dual diagnosis program. Admission decisions are made conjointly with COUNTY Mental Health and Alcohol and Drug Programs, and Probation.

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- EXHIBIT C, 2003-2004

.-.

1.4 Staffing:

Hiring decisions shall be made cooperatively with Mental Health, the Alcohol and Drug Program, and Probation to ensure collaboration, a quality Dual Diagnosis program, and culturally competent staff

1.5 Performance Measures:

a. CONTRACTOR staff will provide assistance to clients in successfbi transition to community living and other services including educational and vocational opportunities, complying with juvenile justice requirements, and obtaining referrals to outpatient health, mental health, and chemical dependency services.

b. Unity Care System of Care court wards participate in the Children’s Mental Health Performance Outcome Evaluation package of instruments, as well as the inter-agency KlDS database and CSAT-required evaluation instruments, including the GAIN. CONTRACTOR will work closely with the Evaluator at Children’s Mental Health to review and report relevant outcome reports.

C. CONTRACTOR will comply with the Latino Affairs Commission Standards of Accessibility for Latino services.

2.0 SYSTEM INTENT

2.1 Geographic Area Serviced: Santa Cruz County.

2.2 Ouality Assurance Program: CONTRACTOR will participate in the CMH Quality Improvement process.

2.3 Organizational Structure: See organization chart in contract file

2.4 Internal System Affiliations: CONTRACTOR will have substantial coordination with CMH Administration, Quality Assurance, the COUNTY Alcohol and Drug Program, and Children’s Mental Health Services.

2.5 External System Affiliations: CONTRACTOR will coordinate with all other Inter- agency System of Care providers in conjunction with CMH Children’s Mental Health Services, particularly the Juvenile Justice System and the local educational system.

2.6 Special System Intent: Given Santa Cruz County’s high-profile interest in providing culturally competent services to dually diagnosed youth, special coordination efforts shall be mobilized as needed in interfacing with community special interest groups and task force reviews.

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EXHIBIT C, 2003-2004

2.7 Fair Hearing Practice: Complaints and/or grievances brought by clients or families participating in Unity Care services may go through several levels of review. If the complaint cannot be satisfactorily resolved at one level, the grievance proceeds to subsequent levels. These are (I) Clinical Director; (2) Administrator; (3) Executive Director; (4) external systems, e.g.lega1.

2.8 Fee Schedule: All Unity Care clients will have placement Medi-Cal.

1898 Unity Care Exhibit C 2003-04 7115103

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Exhibit D, 2003-2004


EXHIBIT D - BUDGET, FISCAL AND PAYMENT PROVISIONS

1. FISCAL AND PAYMENT PROVISIONS:

a. Upon receipt of monthly documenting CONTRACTORS actual costs, COUNTY shall reimburse CONTRACTOR in monthly payments with an annual amount equal to CONTRACTOR'S expenditures for prior month.

b. Cost of services shall be reimbursed based on actual cost up to the maximum amount of contract, whichever is less, at the end of the contract year. CONTRACTOR shall remit any unearned funds to the COUNTY at the time CONTRACTOR submits cost report.

c. CONTRACTOR will be liable for repayment to COUNTY 100% of any Short-Doyle Medi-Cal FFP, State General Fund FFP or CSAT grant funds disallowed as the result of State Department of Mental Health or CSAT audit exceptions.

d. CONTRACTOR shall comply with documentation standards set by COUNTY for the provision of Mental Health or Alcohol and Drug services as described in Exhibit B. CONTRACTOR will coordinate with designated COUNTY Manager to ensure timely and accurate billing, medical records documentation and the sharing of pertinent information to allow quality service monitoring, billing and related contractual requirements.

1898 Exhibit D Unity Care 2003-04

711 5/03

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Exhibit E, 2003-2004


EXHIBIT E - MENTAL HEALTH MEDI-CAL & MEDICARE REQUIREMENTS

A. SHORT-DOYLUMEDI-CAL SERVICES (SDMC)

If the CONTRACTOR provides services billed to SDMC, the following requirements apply:

1. Mutual Objectives

a. . Both CONTRACTOR and COUNTY Desire:

(1) To assure that all Title XIX eligible clients are informed of the Medi-Cal program, and how to access it.

(2) To assure that assistance is provided to eligible individuals in determining their eligibility for participation in California's Medi-Cal plan.

(3) To assure the availability of early and appropriate interventions so that diagnosis, treatment, and rehabilitation occur in a timely manner.

(4) To assure that eligible individuals are aware of and understand, in culturally competent and language specific terms, the benefits of preventive and remedial care.

(5) To assure that health-related services provided to clients served by the CONTRACTOR are of sufficient amount, duration, and scope to correct or ameliorate the condition for which they were determined to be medically necessary.

2. The CONTRACTOR Agrees:

a. To provide a Medi-Cal cost report within 60 days after the end of the fiscal year which documents actual cost of providing Medi-Cal services. After the 60 day period, CONTRACTOR claims will be held for payment until the cost report is received.

b. To reimburse the COUNTY 50% of FFP paid for services in excess of costs upon submission of the cost report. This will be returned to the federal government by the COUNTY. This is based on total reimbursement for all Medi-Cal services paid in aggregate as calculated within the Short-DoyleIMedi-Cal cost report. This provision does not apply if the CONTRACTOR exceeds the contracted units of service by 10% or more.

c. To complete accurate CDS data forms documenting services provided by clinical staff and enter the data into the COUNTY'S management information system within 5 days of service.

Page 1 of 5


d. To work with Mental Health Patient AccountinglBilling section to confirm current eligibility for Medi-Cal and Medicare benefits and assist clients in applying for benefits if appropriate.

e. To document all services for a client in the medical record and to get approval for all planned services from the client's Coordinator.

f. To provide support as requested for the Quality Improvement Committee.

g. To reimburse the COUNTY for all audit exceptions and disallowances (which are determined by the Mental Health Director, or his/her designee, to be the responsibility of the CONTRACTOR) from either, 1) State audits (Fiscal & Quality Assurance); or 2) Quality Improvement Committee/UR denials.

This reimbursement shall be paid within thirty (30) days of the disallowance, unless the provider chooses to appeal pursuant to Short-DoyleIMedi-Cal procedures. When the outcome of appeal is determined, final settlement shall be made to the COUNTY within thirty days (30).

h. To comply with all state requirements of Short-DoyldMedi-Cat including Coordinated Services Quality Assurance, certifcation, staffing ratios, documentation requirements, service authorization, etc. These are reflected in the state manuals and implemented in the local Quality Management Plan. All providers are required to obtain, review, and remain in full compliance with the local Quality Management Plan and Utilization Review Plan.

i. To perform Medi-Cal Administrative and Outreach activities as an agent for the Santa Cruz County Health Services Agency, in order to improve the availability, accessibility, coordination, and appropriate utilization of preventive and remedial health care resources to Medi-Cat eligible individuals and their families (where appropriate), and to capture information using methods developed by the State (with training in these methods provided by the COUNTY) under the direction of the COUNTY. The activities to be included are as approved by the State Department of Mental Health. It is the responsibility of CONTRACTOR to remain current on the requirements for dacumenta- tion of costs and activities as defined by the State.

j. The CONTRACTOR is responsible for providing the required Medi-Cal units of service as defined in Exhibit C of this Agreement. The COUNTY shall not reimburse CONTRACTOR for any non Medi-Cal units of service in excess of the number shown on the Budget page of Exhibit C. The COUNTY shall not cover any short-falls due to lack of productivity. The maximum amount of this Agreement may be amended per Section A.3.i of Exhibit D if actual Medi-Cal units of service delivered deviate significantly from the budgeted Medi-Cal units of service defined in Exhibit C of this Agreement.

The CONTRACTOR is responsible for monitoring services provided, the benefit status of clients, insuring the Mental Health Patient Accounting/Billing section receives current client eligibility status for billing, and working to correct any billing data errors.

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-.

3. The COUNTY Agrees:

B.

a. To provide Short-DoyleIMedi-Cal, patient accounting and billing services to all providers.

b. To provide computer equipment for electronic mail, client data (PSP), billing and word processing systems. When equipment utilized by CONTRACTOR is COUNTY'S, COUNTY will provide maintenance, repair, and staff training.

C. To provide CDS services and M1S reports to facilitate assignment of Coordinators and productivity.

d. To provide Quality Assurance Training as requested by the provider.

e. To provide medical records and clinical forms to all providers.

f. To provide consultation and clinical supports based on specific services.

g. To coordinate regarding client benefit and UMDAP status.

h. Costs for COUNTY supports of direct services shall be included in the contract budget exhibit.

i. If the CONTRACTOR does not provide at least 90% of the Medi-Cal units of service defined in Exhibit C of this Agreement, or if the CONTRACTOR provides more than 11 0% of the Medi-Cal units of service defined in Exhibit C of this Agreement, the COUNTY may elect to amend this Agreement in order to increase or decrease the total contract amount based on the projected annuat FFP. The COUNTY will furnish the CONTRACTOR quarterly reports detailing the estimated Medi-Cal units of service.

Final determination of whether the CONTRACTOR meets or exceeds the above Medi- cal units of service standard will be made once all eligible units of service have been billed and adjudicated by the State. This will occur approximately 12 months after the end of this Agreement. However, if quarterly reparts indicate that actual Medi-Cal units of service will either fail to meet the 90% standard, or exceed the 110% standard, the COUNTY reserves the right to amend this Agreement in order to increase or decrease the total contract amount based upon anticipated annual FFP before final adjudication of all units has occurred. This will not preclude subsequent amendments to this Agreement which reflect FFP and total contract amounts based upon final Medi-Cal units of service delivered

MEDICARE PARTIAL HOSPITALIZATION FOR COMMUNITY MENTAL HEALTH CENTERS

If the CONTRACTOR provides services billed to Medicare for partial hospitalization, the following requirements apply:

1. The CONTRACTOR Agrees:

a. To document services on CDS forms in compliance with Medicare billing

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requirements and the Medicare Plan of Care approved by a physician within 5 days of admittance of the program.

b. To complete the physician certification and 2 week updates to the Medicare plan.

c. To provide an assessment documenting medical necessity and the need for services as defined by the Aetna clinical policy by of August, 1995.

d. To provide complete clinical documentation of services in the medical record and alt necessary documentation to comply with Aetna help letters and appeals.

e. To repay the COUNTY for any federal disallowances initiated by HCFA or the fiscal intermediary for the Medicare Partial Hospitalization program.

f. The CONTRACTOR is responsible for providing the required Medicare units of service as defined in Exhibit C of this Agreement. The COUNTY shall not cover any short-falls due to lack of productivity. The maximum amount of this Agreement may be amended per Section A.3.i of Exhibit D if actual Medicare units of service delivered deviate significantly from the budgeted Medicare units of service defined in Exhibit C of this Agreement. The CONTRACTOR is responsible for monitoring services provided, the benefit status of clients, insuring the Mental Health Patient Accounting/Billing section receives current client eligibility status for billing, and working to correct any billing data errors.

2. The COUNTY Agrees:

a. To provide training on Medicare requirements, documentation needs, etc.

b. To bill for all services and provide patient accounting and computer supports.

c. To provide training on Medicare Partial Hospitalization requirements, etc., and provide billing, patient accounts and computer support services related to the partial hospitalization program.

d. To ensure that partial hospital services are part of an integrated service program with the goal and intent of avoiding hospitalizations.

e. If the CONTRACTOR does not provide at least 90% of the Medicare units of service defined in Exhibit C of this Agreement, or if the CONTRACTOR provides more than 110% of the Medicare units of service defined in Exhibit C of this Agreement, the COUNTY may elect to amend this Agreement in order to increase or decrease the total contract amount based on the projected annual FFP. The COUNTY will furnish the CONTRACTOR quarterly reports detailing the estimated Medicare units of service.

Final determination of whether the CONTRACTOR meets or exceeds the above Medicare units of service standard will be made once all eligible units of service have been billed and adjudicated by the State. This will occur approximately 12 months after the end of this Agreement. However, if quarterly reports indicate that actual Medicare units of service will either fail to meet the 90% standard, or exceed the 110% standard, the COUNTY reserves the right to amend this Agreement in order to increase or

Page 4 of 5


decrease the total contract amount based upon anticipated annual FFP before final adjudication of all units has occurred. This will not preclude subsequent amendments t0 this Agreement which reflect FFP and total contract amounts based upon final Medicare units of service delivered.

f. Provide Quality Improvement staff support to review and send materials to Aetna for help letters and appeals. Where appropriate, legal support for Aetna appeals shall also be provided by the County.

Exhihibit E for 2003-2004 7/25/03

Page 5 of 5

-- . ,

Exhibit HI, 2003-WO4 BUSINESS SERVICES ADDENDUM

County-Business Associate

This Business Associate Addendum (this “Addendum”) is entered into by and between the COUNTY OF SANTA CRUZ, hereinafter referred to as “Business Associate”) and CONTRACTOR in order to comply with the Health Insurance Portability and Accountability Act of 1996 (P.L. 104- 191), 42 U.S.C. Section 1320d, et. seq., and regulations promulgated thereunder, governing protected health information (“PHI), as amended from time to time (statute and regulations hereinafter collectively referred to as “HIPAA”).

I. Use and Disclosure of Protected Health Information

Except as otherwise provided in this Addendum, Business Associate, may use or disclose protected health information only to perform program functions, activities or services in connection with the program for which services are provided by the Contractor under the Agreement, provided that such use or disclosure does not violate the Health Insurance Portability and Accountability Act (HIPAA), (U.S.C. 1320d et seq.), and its implementing regulations including but not limited to 45 Code of Federal Regulations parts 142, 160, 162, and 164, hereinafter referred to as the Privacy Rule. The uses and disclosures of PHI may not exceed the limitations applicable to the Contractor under the regulations except as authorized for management, administrative or legal responsibilities of the Business Associate.

2. Further Disclosure of PHI ,

The Business Associate shall not use or further disclose PHI other than as permitted or required by this Addendum, or as required by law.

3. Safequarding PHI

The Business Associate shall use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this Addendum.

4. Unauthorized Use or Disclosure of PHI

The Business Associate shall report to the Contractor any use or disclosure of the PHI not provided for by this Addendum or otherwise in violation of the Privacy Rule. Business Associate shall mitigate to the extent practicable any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of this Addendum. Business Associate shall report to Contractor within twenty-four hours during a work week of discovery by Business Associate that PHI has been used or disclosed other that as provided for in this Addendum.

5. Aqents and Subcontractors of the Business Associate

The Business Associate shall ensure that any agent, including a subcontractor, to which the Business Associate provides PHI received from, or created or received by the Business Associate on behalf of the Contractor, shall comply with the same restrictions and conditions that apply through this Addendum to the Business Associate with respect to such information.

6. Access to PHI

At the request of the Contractor, and in the time and manner designated by the Contractor, the Business Associate shall provide access to PHI in a Designated Record Set to an Individual or the Contracfor to meet the requirements of 45 Code of Federal Regulations section 164.524.

1 of3

Exhibit HI, 2003-2004

7. Amendments to Desiqnated Record Sets

The Business Associate shall make any amendment(s) to PHI in a Designated Record Set that the Contractor directs or at the request of the Individual, and in the time and manner designated by the Contractor in accordance with 45 Code of Federal Regulations Section 164.526.

8. Documentation of Uses and Disclosures

The Business Associate shall document such disclosures of PHI and information related to such disclosures as would be required for the contractor to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 Code of Federal Regulations section 164.528.

9. Accounting of Disclosure

The Business Associate shall provide to the Contractor or an Individual, in the time and manner designated by the Contractor, information collected in accordance with 45 Code of Federal Regulations section 164.528, to permit the Contractor to respond to a request by the Individual for an accounting of disclosures of PHI in accordance with 45 Code of Federal Regulations section 164.528.

I O . Records Available to Contractor and Secretary

The Business Associate shall make available records related to the use, disclosure, and privacy protection of PHI received from the Contractor, or created or received by the Business Associate on behalf of the Contractor, to the Contractor or to the Secretary of the United State Department of Health and Human Services for purposes of investigating or auditing the Contractor’s compliance with the privacy requirements, in the time and manner designated by the contractor or the Secretary.

11. Destruction of PHI

Upon termination of this Addendum for any reason, the Business Associate shall:

a) Return all PHI received from the Contractor, or created or received by the Business Associate on behalf of the Contractor required to be retained by the Privacy Rule; or

b) Return or destroy all other PHI received from the Contractor, or created or received by the Business Associate on behalf of the Contractor.

This provision shall apply to PHI in possession of subcontractors or agents of the Business Associate. The Business Associate, its agents or subcontractors shall retain no copies of the PHI.

In the event the Business Associate determines that returning or destroying the PHI is not feasible or appropriate for administrative or program related reasons, the Business Associate shall provide the Contractor notification of the conditions that make return or destruction not feasible, in which case the Business Associate shall extend the protections of this Addendum to such PHI and limit further use and disclosures of such PHI for so long as the Business Associate, or any of its agents or subcontractors, maintains such PHI.

2 of 3

Exhibit H,, 2003-2004

12. Amendments to Addendum

The Parties agree to take such action as is necessary to amend this Addendum as necessary for the Contractor to comply with the requirements of the Privacy Rule and its implementing regulations.

13. Mitiqation of Disallowed Uses and Disclosures

The Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of PHI by the Business Associate in violation of the requirements of this Addendum or the Privacy Rule.

14. Data Aqqreqation

The Business Associate may provide data aggregation services related to the health care operation of the Contractor.

15. Obligations of Contractor.

Contractor agrees to: a) Provide the Business Associate with any changes in, or revocation of, permission by

an individual to use or disclose PHI, if such changes affect the Business Associate’s permitted or required uses and disclosures.

Contractor has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect the Business Associate’s use or disclosure of PHI.

b) Notify the Business Associate of any restriction to the use or disclosure of PHI that

16. Assistance in Litiqation or Administrative Proceedinqs

Business Associate shall make itself, and any subcontractors, employees or agents assisting Business Associate in the performance of its obligations under this Addendum, available to Contractor at no cost to Contractor to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against Contractor, it employees or officers based upon a claimed violation of HIPAA, the HIPAA regulations or other laws relating to security and privacy, except where Business Associate or its subcontractor, employee or agent is a named adverse party.

17. No Third-party Beneficiaries.

Nothing express or implied in the terms and conditions of this Addendum is intended to confer, nor shall anything herein confer, upon any person other than Contractor or Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever.

18. Requlatow References.

A reference in the terms and conditions of this Addendum to a section in the HIPAA regulations means the section as in effect or as,amended.

19. Survival.

The respective rights and obligations of Business Associate under Section I 1 of this Addendum shall survive the termination or expiration of this Addendum.

3 of 3

- ~

Exhibit X , 2003-2004


EXHIBIT X - REVISIONS

The provisions set forth below shall supersede and take the place of the paragraph(s) they replace. All other provisions of this Agreement shall remain the same. Check and complete the appropriate box(es).

I 9 I There are no revised paragraphs in this Agreement I I J

I There are revised paragraphs in this Agreement I r

Paragraph " 'I of Exhibit " I' is hereby revised to read as follows:

I An Addition to said contract shall be as follows:

Exhibit X for 2003-2004 711 5/03

Page 1 of 1

COUNTY OF SANTA CRUZ REQUEST FOR APPROVAL OF AGREEMENT

TO: Board of Supervisors FROM: Health Services Agency Deparbnent) County Administrative Office Auditor Controll? BY :

propriations/revenues are available

AGREEMENT TYPE (Check One) Expenditure Agreement Revenue Agreement 4i]

The Board of Supervisors is hereby requested to approve the attached agreement and auihrize the execution of same.

1. %idagreement is b e h e n me Health Services Agency - Publ i c Health (DePa~e~VAgencY)

and S t a t e of C a l i f . Dept of Health Se rv ices , 714 P S t . , Sacramento, CA 95814 (Name/Address)

2. The agreement will provide AIDS master Agreement

S t a t e ContLacL 15107 lAmendmeTlt AOhjMOIT) - - -

3. Periodoftheagreement is from J u l y 1, 2001 to July 3 0 , 2004

4. Anticipated C a t is & X Revenue Fixed 0 Monthly Rate 0 Annual Rate 0 Not to Exceed

Remarks:

5 . Detail: On Continuing Agreements List for FY 03 - 04 . Page CC- 22 Contract No: 11590 OR 0 1'Time Agreement cl SedionII No Board letter required, will be listed under Item 8 0 Sectionm .Board letter required a SectionIV Revenue Agreement

36&3&3- $1,369 ,397 6. Appropriations/Revenues are available and are budgeted in 362706 (Index) Various (Sub object)

NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLmD AUD-74 OR AUD60

are Appropriations

Date: Td,/d Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and authorize

HSA Di rec to r (DeptlAgency Head) to execute on behalf of the

- Health Services Agency (DepamenVAgency)

Date: BY: f l f l County Administrative Of f ie

Distribution: Board of Supervisors - White Auditor Controller - Canary Auditor-Controller - Pink Department - Gold

co B Document No. JE Amount Lines H r n K e V d Bv Date

TCllO 8 L Auditor Description Amount Index Sub object User Code

Memo County of Santa Cruz HEALTH SERVICES AGENCY

DATE: September I O , 2003

TO: Clerk of the Board Office

FROM: Glenn Kulmpp k RE: FULLY EXECUTED STATE AGREEMENTS - R590 A06

Attached are I original and 2 copies of the fully executed state revenue agreement (R590) for AIDS Master Services, for your file (original) and the Auditor’s Office and HSA (copies). There is no need to return a copy to the state.

THIS AGREEMENT NEEDS TO BE INCLUDED ON ITEM 8.

Please return the goldenrod copy to my attention.

Thanks.. .

from the desk of.. . Glenn Kulm

Director of Administration Health Services Agency

County of Santa Cruz 1080 Emeline Avel PO Box 962

Santa Cruz, CA 95061

Fax: (83 1)454-4770 e-mail: [email protected]

(83 1)454-4000

- STATE OF CALIFORNIA

STANDARD AGREEMEh I AMENDMENT :TD 213 A (Rev 9/01)

W CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 1 Pages I AGREEMENT NUMBER AMENDMENT NUMBER I

I 01-15102 A06 1. This Aareement is entered into between the State Aaencv and Contractor named below: “

STATE AGENCY’S NAME 1 .

California Department of Health Services CONTRACTORS NAME

County of Santa Cruz

Agreement is July 1, 200 1 through June 30,2004

of this Agreement is: Four Million, Twenty-one Thousand, One Hundred Sixteen Dollars.

of the Agreement and incorporated herein:

2. The term of this

3. The maximum amount $4,021,116

4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part

I. Amendment effective date: July 1, 2002

II. Purpose of amendment: This amendment adds funds and extends the time for the Evaluating Local Interventions (ELI) MOU to compensate the Contractor for providing additional services.

Ill. Changes made in this amendment are shown as: Text additions are displayed in bold and underline. Text deletions are displayed as strike through text (i.e., S t u b ) .

IV. Paragraph 2 (maximum amount payable) on the face of the original STD 2 is amended to read as follows:

2. Maximum Amount Payable:

Subject to the provisions of Paragraph 5 “Limitations of State Liability” and Paragraph 6, “Funding Reduction in Subsequent Fiscal Years“, the maximum amount payable shall not exceed the following amounts:

(Continued on next page)

All other terms and conditions shall remain the same.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR CONTRACTOR’S NAME (If other than an individual, state whether a corporation, parinership. etc.)


OF PERSON SIGNING

Services Agency, Director of Administration ADDRESS c/o Elizabeth McCarty, R.N., Chief of Public Health, County of Santa Cruz, 1080 Emeline Avenue, Santa Cruz, CA 95060

STATE OF CALIFORNIA AGENCY NAME

California Department of Health Services DATE SIGNED (Do not typeJ

7-9 -03 PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

1800 3rd. Street, Rm. 455, P.O. Box 942732, Sacramento, CA 94234-7320

CALIFORNIA Department of General Services

Use Only

This contract exempt from DGS approval per Chapter&/ Stats of$bb( Item 4260- 1 1 1-00 1 (AIDS)

0 Exempt per:

A. $1,243,358 for the budget period of 7/01/01 through 6/30/02. 6. 444QWGZ $1,407,861 for the budget period of 7/01/02 through 6/30/03. C. $1,369,897 for the budget period of 7/01/03 through 6/30/04. D. $4+W%22 $4,021,116 for the entire agreement term.


Page 2 of 2 01 -1 51 02, A06

V. All other terms and conditions shall remain the same,

MEMORANDUM OF UNDERSTANDING

AMENDMENT (MOU)

CONTRACTOR: County of Santa Cruz CONTRACT NUMBER: 01 -15102, A6

PROGRAM: Evaluating Local Interventions MOU NUMBER: ELI 02- 44, A I

In that certain agreement made and entered into on July 1,2002 between the Department of Health Services and the County of Santa Cruz:

1. Provision 1, entitled “MOU TERM”, is hereby amended to read as:

“The term of this MOU shall be from July I, 2002 through P-W June 30, 2003.”

2. Provision 2, entitled “MAXIMUM AMOUNT PAYABLE, is hereby amended to read as:

“The maximum amount payable by the STATE to the CONTRACTOR under this MOU shall not exceed $W 12.988.”

3. Provision 3, entitled “MOU ATTACHMENTS”, sub-provision A, is hereby amended to read as:

“3.A. Attachment 1-1, entitled “Budget” consisting of one page, is incorporated and made a part hereof by this reference. All references to Attachment 1, entitled “Budget,” in the body of this MOU and in any attachments thereto, shall hereinafter be deemed to read Attachment 1-1 .”

4. Provision 6, entitled “INVOICE INSTRUCTIONS”, sub-provision A, is hereby amended to read as:

“6.A. The CONTRACTOR shall submit me invoiceu to the STATE, up to the full amount of this MOU, for services and/or purchases related to implementation of the Evaluating Local Intervention (ELI) system. The STATE shall reimburse the CONTRACTOR in arrears upon submission of an acceptable invoice for actual expenses incurred by CONTRACTOR under the term of this agreement and in accordance with Attachment 1 “Budget” and established instructions provided by the STATE, (Attachments 2 and 3). The CONTRACTOR may submit the invoiceu at any time prior to the end of the billing period, but no later than thirty calendar days immediately following the end of the billing period, unless otherwise approved by the STATE.”

5. The effective date of this amendment shall be July 1, 2002.

6. All other terms and conditions shall remain in full force and effect.

STATE OF CALIFORNIA

A -

Signature

Michael Montgomery, Chief Office of AIDS


- Date Date


ELI 02-44, A I 01 -1 51 02, A6

ATTACHMENT 1-1

BUDGET

Term: July 1,2002 through June 30,2003

Prior Amount

A. PERSONNEL $0

B. OPERATING EXPENSES $0 . C. CAPITAL EXPENDITURES

D. OTHER COSTS $6,494

E. INDIRECT COSTS $0

TOTAL BUDGET $6,494

Amendment

$0

$0

$6,494

$0

$6,494

New Amount

$0

$0

$0

$12,988

$1 2,988

TO: Board of Supervisors FROM : (Dcpatrslent) County Admlnlstratlve Mfke Audm ContrOlk BY : (Signature).

available

AGREEMENT TYPE (Check One) Expenditure Agreeme Revenue Agreement [7

The B a r d of Supervisors Is hereby requested to approve the attacked agreemt and authorize the exatecution of same. 1. Said qmmnt is meen ._ Health Services Agency - Mental Health --__.-- (Depam4ency)

I- - (Name/-) and Volunteer Centers of Santa CRuz County,;f;010 Emeline, Santa C~UZ, CA 95060

2. The agreement will provlde ImDlement,ation of PUentes employment -_ programs through an -- Employment

Specialist and payroll administration,

3. Period of the agreement is from I July 1, 2003\/ June 30,2004 J' - to

Remarks: -___

5. Detail: f i n Cmtinuing ~greemts tist for PI - . Page CC- bntrc1: NO: ~ OR 10 =ne: Nreetenmt 03 04 9 .J 32888 IjikSection fl No Board letter required, will be listed under Item 8 0 Sectjonm .Board letter required fl SectionIV Revenue Agreement

/ ' /

6. Appropfiations,Mevef1ues are available and are budgeted in 363174 (Index) _-__ . (Sub abjwt) 3665

NOTE: I F APPROPRIATIONS ARE INSUFFICIEKT, ATTACHED COMPLWED AUD74 OR AlJD-60

.-

- have been

- Appropriations @ available and a encumbered. aFq,f18

are not By : Date: ?/,,':/. 3 Audit -Controlid Deputy

Proposal and accwnting detail reviewed and approved. It is recommended that the Board of supervimfs approve me agreement and aum*e

Health Services Administrator (Dept/Agency Head) to execute on behalf of the -__-____I_.__I.̂ _--

Health Services AGency --

Date: 'h By: County Admmistratiue Office

- .- .- - . ,- . __ -

Distribution: I *__s_U_prn"

Board of Supervisors - White State of California Auditor Controller - Canary Auditor-Controller - Pink rd of 5upervisors of the Cour~ty ~f Department - Gold I of a g r ~ n e n t was

~ 1 - u ~ ~

d in the minutes of said Board on

ADM - 29 (8/0l)

AUDITOR-CONTROLLER USE ONLY

co $ Document No. JE Amount

- --- - .--_ tines H / n . K e v d 8v Date

TCllO $ .J Auditor Description Amount In&% Sub object User Code

-- -I 8

- -. - Contract No. 2888 - - -

The COUNTY OF SANTA CRUZ through the HEALTH SERVICES AGENCY - Mental Health and Substance Abuse Services 1400 Emeline Avenue, P.O. Box 962, Santa Cruz CA 95061-0962

hereinafter called COUNTY and:

Volunteer Centers of Santa Cruz County 1010 Emeline Avenue Santa Cruz, CA 95060

hereinafter called CONTRACTOR for: Puentes Employment programs. (831)427-5070

WHEREAS CONTRACTOR possesses certain skills, experience, education and competency to perform the special services and, COUNTY desires to engage CONTRACTOR for such special services upon the terms provided; and

WHEREAS pursuant to the provisions of California Government Code, Section 31000, the BOARD OF SUPERVISORS of COUNTY is authorized to enter into an agreement for such services.

NOW, THEREFORE, the parties hereto do mutually agree as set forth in:

EXHIBIT TITLE

A B C D E F HZ X

Standard County I Agency Provisions Standard Mental Health Provisions Scope of Services Budget, Fiscal and Payment Provisions (Not Included in this Agreement) (Not Included in this Agreement) Business Associate Agreement Revisions

Said exhibits attached hereto are incorporated into this Agreement by this reference.

IN WITNESS THEREOF, COUNTY AND CONTRACTOR have executed this Agreement to be effective:

July 1,2003 through June 30,2004

COUNTY

L v

HEALTH SERVICES AGENCY

Approved as to Form: I Suffix: 01 Index: 3631 74 Subobject: 3665 Amount: $36,900 Approved as to Insurances:

Risk Management \

Distribution: Clerk of the Board Auditor-Controller Health Services Agency Mental Health and Substance Abuse Services Contractor

W

--



EXHIBIT A - STANDARD COUNTYlAGENCY PROVISIONS

INDEPENDENT CONTRACTOR. It is agreed that CONTRACTOR shall perform as an independent contractor under this Agreement. CONTRACTOR is, for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CONTRACTOR and its employees shall in no event be entitled to any benefits to which COUNTY employees are entitled, including, but not limited to, overtime, any retirement benefits, worker's compensation benefits, and injury leave or leave benefits. The Board of Directorsnrustees of CONTRACTOR shall be vested with the responsibility for the administration of the program to be conducted under this Agreement.

By their signatures to this Contract, each party certifies that it is his or her considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.

CONTRACTORS EMPLOYEES AND EQUIPMENT. CONTRACTOR agrees that it has secured or will secure at its own expense all persons, employees and equipment unless otherwise specified required to perform the services required underthis Agreement and that all such services will be performed by CONTRACTOR or under CONTRACTORS supenrision, by persons authorized by law to perform such services. If any arrangement is made whereby employees of COUNTY are used by CONTRACTOR, they shall, while engaged in such work be considered for all purposes, as employees, servants, or agents of the CONTRACTOR and not of COUNTY, irrespective of party paying them.

RESPONSIBILITY FOR INVENTORY ITEMS,

a. Equipment, materials, supplies, or property of any kind purchased from funds advanced or reimbursed under the terms of this Agreement having a useful life of three years or greater and a value in excess of three hundred dollars is defined a inventory item. All such items not fully consumed in the work described herein shall be the property of the COUNTY at the termination of this Agreement unless the COUNTY, at its sole discretion, makes an alternate disposition. CONTRACTOR shall, at the request of COUNTY, submit an inventory of said items purchased under the terms of this Agreement, and for items received on a loan basis from COUNTY; such inventory will not be required more frequently than annually. CONTRACTOR shall provide a final inventory to COUNTY'S Administrator within ten (10) days of the termination of this Agreement. Final disposition of all inventory items shall be in accordance with written instructions provided by COUNTY.

b. Inventory items in CONTRACTOR'S possession shall only be used in connection with the program funded under this Agreement, and shall not be loaned to the public at large. CONTRACTOR is strictly liable for repairing or replacing any inventory item which is lost and/or damaged while in its possession. CONTRACTOR is responsible for the proper maintenance of all inventory items. CONTRACTOR will return all inventory items to COUNTY

Page 1 of 10


in the same condition that it received them except for damage due to normal wear and tear.

4.

5.

6.

7.

8.

INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTION$. CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY which for the purpose of paragraphs 4 and 33 (which shall include, without limitation, its officers, agents, employees and volunteers) from and against:

a. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the CONTRACTOR'S performance under the terms of this contract, including but not limited to the use, misuse, or failure of any equipment, materials, tools, supplies or other property furnished to CONTRACTOR by COUNTY, excepting any liability arising out of sole negligence of the COUNTY. Such indemnification includes any damage to the person(s) or property(ies) of CONTRACTOR and third persons.

b. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTORS officers, employees and agents engaged in the performance of this Contract (including, without limitation, unemployment insurance, social security and payroll tax withholding).

ASSIGNABILITY. The CONTRACTOR shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to CONTRACTOR from COUNTY under this Agreement may be assigned without such approval. Notice of any assignment or transfer shall be furnished promptly to COUNTY.

INTEREST OF CONTRACTOR CONTRACTOR covenants that it presently has no interest, ' .

including but not limited to, other projects or independent contractors, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by him under this Agreement.

SUBCONTRACTS. All subcontracts of CONTRACTOR for provision of services under this Agreement shall be notified of CONTRACTOR'S'relationship to COUNTY. Any subcontract which is in excess of one thousand dollars ($1,000) shall have prior written approval of COUNTY'S Administrator. CONTRACTOR shall provide, upon request of COUNTY, copies of all subcontracts relating to this Agreement entered into by CONTRACTOR. CONTRACTOR has legal responsibility for performance of all contract terms including those subcontracted.

POLITICAL ACTIVITIES PROHIBITED. None of the funds, provided directly or indirectly, under this contract shall be used for any political activities or to further the election or defeat of any candidate for public office. No CONTRACTOR shall utilize or allow its name to be utilized in any endorsement of any candidate for elected office. Neither the contract nor any funds provided thereunder shall be utilized in support of any partisan political activities for or against the election of candidates for an elected office.

Page 2 of 10

--


9.

10.

11.

12.

13.

LOBBYING. Non e of th e funds provided u lnder this c :ontract shall b le u lsed for publicity or propaganda purposes designed to support or defeat any legislation pending before State or Federal legislatures or the Board of Supervisors of the COUNTY to an extent other than allowed under applicable federal tax regulations for tax exempt corporations pursuant to 26 C.F.R., Section 501 (c)(3)-ib(3).

CONFORMANCE TO REGULATIONS. CONTRACTOR shall perform this Agreement in conformance with all applicable Federal, State and local rules and regulations, including applicable facility and professional licensure and/or certification laws.

CONFORMANCE TO LAW. This Agreement shall be construed and interpreted according to the laws of the State of California, the United States of America and the ordinances of the County of Santa Cruz.

ADMISSION POLICIES. Admission procedures shall be in writing, be available to the public and include a provision that services, benefits and facilities shall be provided to patientsklients without regard to race, color, religion, age (over la), mental or physical disabilrty, national origin, medical condition (cancer related), gender, pregnancy, or sexual orientation and that no one will be refused services because of inability to pay for services.

a. Nondiscrimination in Services, Benefits and Facilities. There shall be no discrimination in the provision of services because of race, color, religion, age (over 18), mental or physical disability, national origin, medical condition (cancer related), gender, pregnancy, or sexual orientation, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with ’

Disabilities Act of 1990 rules and regulations promulgated pursuant thereto, or as otherwise provided on the grounds of any of the aforementioned characteristics. Discrimination in the provision of services includes, but is not limited to, the following: denying a person any service or benefit; providing to a person any service or benefit which is different, or is provided in a different manner or at a different time from that provided to other persons under this contract; subjecting a person to segregation or separate treatment in any matter related to his receipt of any service; restricting a person differently in any way in the enjoyment of an advantage or privilege enjoyed by others receiving any service or benefit; treating a person differently from others in determining whether he/she satisfied any admission, enrollment quota, eligibility, membership, or.other requirement or condition which individuals must meet in order to be provided any service or benefit; the assignment of times or places for the provision of services on the basis of any of the aforementioned characteristics of the person(s) to be served. CONTRACTOR will take affirmative action to ensure that intended beneficiaries are provided services without regard to race, color, religion, age, disability, national origin, gender, or sexual orientation.

EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Agreement, CONTRACTOR agrees as follows:

a. CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex, , sexual orientation, age (over

Page 3 of 10


18), veteran status, gender, pregnancy, or any other nonmerit 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; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

b. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider MinorityNVomenlDisabled Owned Business Enterprises in CONTRACTORS solicitation of goods and services. Definitions for Minority/M/omenlDisabled Owned Business Enterprises are available from the COUNTY General Services Purchasing Division.

(2) The CONTRACTOR shall furnish COUNTY Equal Employment Opportunity Office information and reports in the prescribed reporting format (PER 4012) identifying the sex, race, physical or mental disability, and job classification of its employees and the names, dates and methods of advertisement and direct solicitation efforts made to subcontract with MinorityNVomenlDisabled Business Enterprises.

(3) In the event of the CONTRACTORS non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further agreements with the COUNTY.

(4) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 13b. to be inserted in all subcontracts for any work covered under this Agreement by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

14. CONFIDENTIALITY OF RECORDS. CONTRACTOR agrees that all information and records obtained in the course of providing services to COUNTY in the program shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and regulations adopted pursuant thereto. CONTRACTOR agrees that it has a duty and responsibility to make available to the COUNTY Administrator or hislher designated repre- sentatives, including the Auditor-Controller of the COUNTY, the contents of records pertaining to COUNTY which are maintained in connection with the performance of CONTRACTORS duties and responsibilities under this Agreement, subject to the provisions of the heretofore mentioned Federal and State statutes and regulations. The COUNTY acknowledges its duties and responsibilities regarding such records under such statutes and regulations.

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15.

16.

17.

18.

19.

20.

21.

MONITORING. CONTRACTOR agrees that COUNTY shall have the right to monitor the services provided under this Agreement. Monitoring shall be conducted according to standards and guidelines as set forth by State and COUNTY requirements. CONTRACTOR agrees to provide COUNTY'S Administrator, or hidher designee, with access to all applicable files and records as may be necessary to monitor the services according to the standards or guidelines described above.

REPORTS. CONTRACTOR shall submit written reports of operations, and other reports as requested by COUNTY. Format for the content of such reports will be developed by COUNTY in consultation with CONTRACTOR. Reports shall be submitted to COUNTY'S Administrator.

OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the property of COUNTY. No such materials or properties produced in whole or in part under this Agreement shall be

subject to private use, copyright or patent right by CONTRACTOR in the United States or in any other country without the express written consent of the COUNTY. COUNTY shall have unrestricted authority to publish, disclose, distribute and otherwise use copyright or patent right by CONTRACTOR in the United States or in any other country without the express written consent of the CONTRACTOR. COUNTY shall have unrestricted authority to publish, disclose, distribute and otherwise use copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement.

EVALUATIONIRESEARCH. Evaluation or research involving contact with past or present recipients of services provided under this Agreement shall be permitted with the informed consent of the recipient and only after the CONTRACTOR has determined that the conduct of such evaluation or research will not adversely affect the quality of services provided or individual participation in services. COUNTY reserves the right to prohibit or terminate evaluation or research activities which in its judgment jeopardize the quality of services or individual participation in services provided under this Agreement.

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

VOLUNTEERS. CONTRACTOR agrees not to fill budgeted positions with volunteer workers.

TRAVELING EXPENSES, FOOD AND LODGING.

a. CONTRACTORS claim for travel expense for food and lbdging must be directly related to this program and shall be at rates not to exceed those applicable to regular COUNTY employees. No travel outside of the State of California shall be payable unless prior written authorization is obtained from COUNTY'S Administrator. .

b. Private mileage reimbursement, if paid based upon miles driven, to CONTRACTORS employees when incurred in performance of duties under this Agreement shall be payable at a

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h


22.

23.

24.

25.

26.

rate not to exceed COUNTY rates payable to COUNTY employees.

CONTRACTOR PERSONNEL STANDARDS. The CONTRACTOR shall determine that all staff providing services under this Agreement shall be personally and professionally qualified to perform the job requirements under this Agreement. CONTRACTOR shall maintain a resume for each employee which shall include qualifying education, experience and licenses, if applicable. COUNTY'S Administrator may review resumes of all CONTRACTOR'S employees to determine that CONTRACTOR is meeting State and/or Federal job qualification requirements, if applicable under this Agreement.

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

CHANGES.

a. COUNTY may from time to time request changes in the scope of the services of CONTRACTOR to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTORS compensation, which are mutually agreed upon by and between COUNTY and CONTRACTOR, shall be effective when incorporated in written amendments in this Agreement. No alteration, amendment, or modification of the terms of this Agreement shall be valid unless executed by written amendment hereto and approved by COUNTY.

b. COUNTY shall have the right to renegotiate the financial and/or programmatic terms of this Agreement in the event that there is a reduction in the approved budget.

NOTICE OF POSSIBLE TERMINATION FOR CAUSE.

a. In the event CONTRACTOR fails to perform any of the provisions of this Agreement or fails to make progress so as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not cure such failure within a period of fourteen (14) days after receipt of notice from COUNTY specifying such failure, COUNTY may by written notice of default terminate the whole or part of this Agreement.

b. In the event of a termination pursuant to Paragraph 25a, all finished or unfinished documents, and other materials, prepared by CONTRACTOR under this Agreement shall become the property of COUNTY. CONTRACTOR shall be entitled to receive reasonable compensation not to exceed actual cost as reported in interim cost reports for any satisfactory work completed on such documents, or other such materials to date of termination, not to exceed amount payable to date of termination under Paragraph 25a reduced by the amount of damages sustained by COUNTY by reason of such breach.

TERMINATION OF AGREEMENT WITHOUT CAUSE. This Agreement may be terminated without cause by COUNTY or the CONTRACTOR with thirty (30) days written notice.

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27.

28.

29.

30.

31.

32.

33.

TERMINATION DUE TO CESSATION OF FUNDING. COUNTY shall have the right to terminate this Agreement without prior notice to CONTRACTOR in the event that State or Federal funding for this Agreement ceases prior to the ordinary term of the Agreement.

EXTENSION OF TIME. COUNTY'S Administrator may extend the time for completion of CONTRACTOR'S performance under this Agreement in the event performance is delayed due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR. Both parties agree that such extension of time does not alter the amount of compensation due CONTRACTOR.

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

CONTRACTOR must comply with Office of Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and Other Non-Profit Institutions, which requires a single or program-specific audit be conducted annually if federal funds exceed $300,000. A -copy of the A-133 audit shall be submitted to COUNTY no later than eight (8 ) months following the end of the fiscal year being audited. I

WITHHOLDING OF PAYMENT. COUNTY may withhold final payment until year end reports are received and approved by COUNTY. COUNTY may suspend or terminate payments for noncompliance with the terms of this Agreement.

DISALLOWANCE AND RESPONSIBILITY FOR AUDIT EXCEPTIONS. CONTRACTOR is responsible for knowledge of, and compliance with, all COUNTY, State and Federal regulations applicable to expenditure of.funds under the terms of this Agreement. In the event CONTRACTOR claims and receives payment from COUNTY which is later disallowed based on an audit, performed by the COUNTY, the State of California or the United States government, CONTRACTOR shall promptly refund the disallowed amount to COUNTY on request, or at COUNTY'S sole option, COUNTY may offset the amount disallowed from any payment due or to become due to CONTRACTOR under this Agreement. CONTRACTOR also agrees to assume all responsibility for receiving, replying to, and complying with any audit exception by the COUNTY, State or Federal audit agency.

OVERPAYMENTS. Over payments as determined by audits shall be payable to COUNTY within thirty (30) days after date of said determination. Over payments held in excess of thirty days shall be subject to a penalty charge of a flat twelve (12) percent per annum.

INSURANCE.

a. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage

Page 7 of I O


as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTORS insurance coverage and shall not contribute to it.

b. If CONTRACTOR utilizes subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent CONTRACTORS Insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

(1) Types of Insurance and Minimum Limits

(a) Worker's Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if CONTRACTOR has no employees.

(b) Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTOR'S employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodily injury and property damage.

(c) 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.

(d) Professional Liability Insurance in the minimum amount of $1,000,000 combined single limit.

(e) CONTRACTOR agrees to carry and maintain during the entire term of this Agreement fire and extended coverage including theft insurance to adequately cover value of COUNTY'S inventoriable items in the possession of CONTRACTOR. Insurance policy must name COUNTY as the loss payee.

(2) Other Insurance Provisions

(a) If any insurance coverage required in this Agreement 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 Agreement (hereinafter "post agreement coverage") and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

(b) All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clause:

"The County of Santa Cruz, its officials, employees, agents and volunteers are added as an

Page 8 of I O

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additional insured as respects the operations and activities of, or on behalf of, the named insured performed under Agreement with the County of Santa Cruz".

(c) 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: Claims Desk, Health Services Administration, P.O. Box 962, Santa Cruz, CA 95061.

(d) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide COUNTY on or before the effective date of this Agreement with Certificates of Insurance for all required coverage. All Certificates of Insurance shall be delivered or sent to: Claims Desk, Health Services Administration, P.O. Box 962, Santa Cruz, CA 95061.

34. SAFETY AND INFECTION CONTROL.

a. CONTRACTOR asserts that it is in compliance with applicable Cal/OSHA guidelines for safety and infection control, including blood-borne pathogens, and that there are no enforcement actions, litigation, or other legal or regulatory proceedings in progress or being brought against CONTRACTOR as a result of non-compliance with such guidelines. CONTRACTOR agrees to notify COUNTY immediately should the status of any of the assertions in this paragraph change or come into question.

b. CONTRACTOR must, upon request, furnish documentation satisfactory to COUNTY'S Health Officer, of the absence of tuberculosis disease for any employee or volunteer who provides services under this Agreement.

c. CONTRACTOR agrees to furnish COUNTY, upon request, a copy of CONTRACTORS Safety and Infection Control Policy.

35. CULTURAL COMPETENCY:

In order to ensure access to services, CONTRACTOR shall provide services in a culturally competent manner. Cultural competency is defined as a congruent set of practice skills, behaviors, attitudes and policies that enable staff to work effectively in crosscultural situations. CONTRACTOR shall provide or make available to staff cultural competency training. CONTRACTOR'S clients whose sole language is the C O U N T h threshold language (i.e., Spanish) shall be provided information, access and direct services in that language.

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36. LIVING WAGE:

This agreement is covered under Living Wage provisions if this paragraph is initiafed by COUNTY

This agreement is subject to the provisions of Santa Crut County Code Chapter 2.122, requiring payment of a living wage to covered employees, if this paraqraph is initialed bv the COUNTY. Non-cornpliance during the term of the contract will be considered a material breach and may result in termination of the Agreement or pursuit of other legal or administrative remedies.


“CONTRACTOR shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of the prior contractor, (3) employed by the prior contractor for less than six months, or (4) convicted of a job-related or workplace crime. Upon request by the COUNTY, the CONTRACTOR shall demonstrate to the COUNTY that good faith efforts have been made to comply with this provision.”

Exhibit A 200304 7125103

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EXHIBIT B - STANDARD MENTAL HEALTH PROVISIONS

This is an Agreement between the parties relating to the rendering of mental health services as defined in, and for which State reimbursement may be claimed under, the provisions of the Bronzan-McCorquodale Act (Part 2 of Division 5, Welfare and Institutions Code) and its accompanying regulations contained in SubchaDter 3 of Title 9, California Code of Regulations, parts of which provide definitions, standards, and procedures by and pursuant to which such services may lawfully be provided. Services shall be provided under the general supervision of the Health Services Administrator or his designee. For the purposes of this Section, "designee", may include any permanent employee on the staff of such Administrator as may be appropriately designated to provide liaison, coordination, or supervision over the services described herein.

ADMINISTRATION:

COUNTY'S Director of Mental Health, or his or her designee, hereinafter called COUNTY'S ADMINISTRATOR, under direction of the Health Services Administrator, shall represent COUNTY in all matters pertaining to services rendered pursuant to this Agreement and shall administer this Agreement on behalf of COUNTY. CONTRACTORS Executive Director shall administer this Agreement on behalf of CONTRACTOR.

NOTICE:

Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other patty by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the officials cited in Paragraph 1 above, for CONTRACTOR at the address cited on this Agreement's cover sheet, and for COUNTY at Community Mental Health, P.O. Box 962, Santa Cruz, CA 95061-0962, Attention: Director of Mental Health.

PROVISION OF SERVICES:

a. CONTRACTOR agrees to establish and conduct a program of mental health services under the Bronzan-McCorquodale Act services to persons with behavioral and emotional disorders who reside in Santa Cruz County and are eligible for treatment under the Santa Cruz County Performance Contract. All services rendered under this Agreement shall be subject to the supervision'of the COUNTY'S Director of Mental Health and shall be provided in a manner consistent with the requirements of the Bronzan-McCorquodale Act; Subchapter 3 of Title 9, California Code of Regulations; and applicable ordinances and resolutions of the Santa Cruz County Board of Supervisors.

b. The COUNTY Director of Mental Health or hidher staff shall specify in writing the kind, quality and amount of service which shall be provided to each eligible patientklient under this Agreement. Said service to be mutually agreed upon and fall within parameters of this Agreement.

c. CONTRACTOR agrees to provide services to program clients throughout the period of this

Page 1 of 5


Agreement.

d. As part of the State required Quality Assurance and Improvement Plan, CONTRACTOR shall develop a complaint and grievance process for use by clients and family members to express concerns about access to and/or quality of care. This process shall be in wriiing and available to the public. As part of this process, CONTRACTOR shall maintain a complaint log and provide an annual report on numbers and types of complaints, outcomes of the complaints, and system issues causing problems for patients.

e. Managed Care requires that each provider who delivers client services monitor its success helping clients avoid re-hospitalizations. Each CONTRACTOR shall develop and submit a monthly report to Mental Health Administration. This report shall include the names of clients enrolled in the program and a highlighting of clients admitted to the hospital in the prior calendar month. CONTRACTORS may obtain assistance from Mental Health Administration on how to gather the necessary data to be in compliance with this requirement.

f. Should CONTRACTOR provide services to client@) whose payor source is a Health Maintenance Organization, CONTRACTOR shall ieceive prior approval from the HMO, otherwise the client shall be charged full cost for services provided; CONTRACTOR shall inform client(s) of this during the fee evaluation process or at the time of program admission.

g. Similarly, clients who receive funds distributed by a Trust of any kind shall be informod by CONTRACTOR during the fee evaluation process or at the time of program admission that they will be charged the full cost of services provided.

4. CONFORMANCE TO CFUDC:

It is agreed that the Cost ReportingIData Collection Manual, an official publication of the State Department of Mental Health promulgated pursuant to the Bronzan-McCorquodale Act, establishes basic requirements to which a contract'provider must adhere for approval by the State. CONTRACTOR agrees to comply with all applicable provisions of this manual and any amendments thereto, which by this reference is incorporated into and made a part of this Agreement. A manual will be provided to the CONTRACTOR on an annual basis.

a. Procedure for Comolaint Process. All complaints alleging discrimination in the delivery of services by CONTRACTOR because of race, color, religion, age, disability, national origin, gender, or sexual orientation shall be resolved by the State through the Department of Mental Health's Affirmative Action complaint process.

b. Notice of Complaint Process. CONTRACTOR shall, subject to the approval of the Department of Mental Health, establish procedures under which recipients of service are informed of their rights to file a complaint alleging discrimination, or a violation of their civil rights with the Department of Mental Health.

5. RECORDS

a. Client Records. CONTRACTOR shall maintain individual records for each client. Such

Page 2 of 5

Exhibit 8,2003-2004

records shall include identifying data, social and financial data, and a record of services provided by various personnel in such sufficient detail to make possibfe an evaluation by COUNTY of services rendered. COUNTY, at its sole option, may take custody and be responsible for safeguarding CONTRACTOR'S client records upon termination of this Agreement and shall thereupon act as custodian of such records for CONTRACTOR. CONTRACTOR shall be permitted access to and have a right to make copies of such records at any time. COUNTY agrees to maintain such records for such period as may be required by Title 22 of the California Code of Regulations. COUNTY agrees that such custody will conform to applicable confidentiality provisions of State and Federal law.

b. Risht to Review. CONTRACTOR authorizes the State Department of Mental Health, the Health Administrator or hidher designee and/or designated auditors of the COUNTY or State, the right to inspect and otherwise evaluate the appropriateness and timeliness of services performed, and to audit and inspect any books and records of CONTRACTOR which pertain to services performed and payments made pursuant to this Agreement. The State Department of Health shall have the same rights of inspection and evaluation of Medi-Cal services provided by CONTRACTOR pursuant to this Agreement.

c. Confidentiality of Client Records and Information, For the COUNTY'S Mental Health system (i.e., all Bronzan-McCorquodale funded providers) to provide coordinated, quality care, all COUNTY and Contract providers must be able to discuss and exchange relevant clinical and service needs infomation. This information must be exchanged when making referrals, accepting referrals or coordinating service delivery to a client. Consultation with the client regarding this exchange of information is required of the CONTRACTOR. CONTRACTOR is responsible for insuring that its ability to exchange client information wahin the Bronzan-McCorquodale provider system is maintained.

6. PAYMENT OF CLAIMS:

a. COUNTY agrees to pay CONTRACTOR on receipt of a property submitted monthly claim in a form found agreeable by COUNTY certifying the extent of performance under this Agreement. Each claim shall be submitted to and approved by COUNTY'S Administrator prior to payment by COUNTY.

b. It is further agreed that the monthly claim will be based on the proposed budget and/or estimated units of service as presented in Exhibit D.

7. FULL COMPENSATION:

Pending any cost report adjustment, each claim so approved and paid shall constitute full and complete compensation to CONTRACTOR for the period covered by the claim. It is expressly understood and agreed that this Agreement constitutes the entire Agreement of CONTRACTOR and COUNTY and in no event shall CONTRACTOR be entitled to any compensation, benefis, reimbursements, or ancillary services other than as herein expressly provided.

8. PARTIAL PERFORMANCE:

In the event less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable cost for the services performed for the payment period as

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determined by COUNTY'S Administrator.

9. ACCOUNTS RECEIVABLE:

In the event that CONTRACTOR or COUNTY terminates this Agreement, the COUNTY shall retain its interest in the accounts receivable which was a result of the CONTRACTORS Bronzan-McCorquodale eligible service under this Agreement. The accounts receivable shall either be assigned to the COUNTY or shall be used to offset any amounts that may be due to CONTRACTOR resulting from such termination with said determination to be made by COUNTY in the exercise of its reasonable judgement.

10. BUDGET CONTROL:

CONTRACTOR may transfer up to 5% of total contract budget covered by this Agreement between budget categories or types of service. Transfers of greater amounts shall only be made with the advanced written permission of COUNTY'S Administrator.

11. COST REPORT:

CONTRACTOR agrees to submit a detailed cost report in the format prescribed by the State Department of Mental Health no later than 60 days after the end of the contract period. The CONTRACTOR shall also submit a copy of the CONTRACTORS trial balance (statement of revenue and expenses) with the cost report. As a part of the cost report, CONTRACTOR will reconcile in writing the total units of service delivered under this Agreement to the units of service reported by CONTRACTOR to COUNTY'S data system. CONTRACTOR shall remit any unearned funds to the COUNTY at the time CONTRACTOR submits cost report. In the event that the reconciliation indicates that CONTRACTOR delivered more units of service than had been reported previously, and total payments made to CONTRACTOR by COUNTY is kss than the contract maximum amount, CONTRACTOR may submit an invoice to COUNTY for any additional amounts owed, up to the contract maximum amount.

12. PRODUCTIVITY:

CONTRACTOR shall develop and monitor individual written staff productivity standards which maximize direct services to clients. Monthly or quarterly reports of staff productivity will be submitted by the CONTRACTOR to the COUNTY. CONTRACTOR shall provide written productivity standards and a method of monitoring those standards to the COUNTY Administrator.

13. QUALITY IMPROVEMENT PARTICIPATION:

All CONTRACTORS who provide direct services to clients in the county shall participate in the Quality Improvement program. This includes weekly meetings providing review of clinical records, peer review, difficult case conferences, utilization review appeals, and client outcomes development and review.

14. CULTURAL COMPETENCY

CONTRACTOR will comply with provisions identified in Exhibit A, paragraph 35 of this contract.

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Exhibit 6,2003-2004

CONTRACTOR will have policies that comply with Title VI (Civil Rights Act) requirements prohibiting the expectation that family members provide interpreter services. CONTRACTOR will provide services in the COUNTY'S threshold language (Spanish), or will provide free language assistance services. CONTRACTOR shall have policies and procedures for meeting language needs for consumers who do not meet threshold language criteria.

CONTRACTOR shall have available culturally and linguistically appropriate written information for identified threshold languages.

CONTRACTOR shall have available, as appropriate or feasible, alternatives and options that accommodate individual preferences and cultural and linguistic differences.

CONTRACTOR shall have a process to ensure that staff is able to provide culturally and linguistically competent medically necessary specialty mental health services. CONTRACTOR will provide or make available to staff cultural competence training, including an annual training on client culture.

CONTRACTOR will encourage staff participation in the COUNTY'S Cultural Competence Council.

15. COUNTY INVOLVEMENT REGARDING HIRING:

CONTRACTOR shall allow COUNTY to comment on the CONTRACTOR'S selection of an Executive Director, Program Administrator or Program Manager whose primary responsibility entails the operation of program(s) funded by this Agreement.

16. REPORTABLE tNCIDENTS:

CONTMCTOR shall report within 24 hours all incidents affecting the immediate health, safety and well being of clients to the office of the Mental Health Director. Reportable incidents include, but are not limited to, all deaths, episodes of acute life threatening illness, serious physical or psychological injuries (or risk thereof), and allegations of abuse and/or neglect.

CONTRACTOR shall establish procedures for the investigation of such incidents and shall cooperate with any additional investigation COUNTY may wish to conduct.

Exhibit B 2003-2OU4 7/24/03

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Exhibit C, 2 0 ~ ~ - 2 0 0 4


EXHIBIT C-SCOPE OF SERVICE AND BUDGET

VOLUNTEER CENTER

Provider: Volunteer Centers of Santa Cruz County Provider No.: NIA Program: Community Connection (Puentes Employment Program) Provider Address: 101 0 Emeline Avenue, Santa Cruz, CA 95060 Provider Telephone: (831) 427-5070 Program Telephone: (831) 425-81 32

1. Employment Specialist

A. PROGRAM INTENT. CONTRACTOR will provide a .5 FTE Employment Specialist position to function as a member of the Puentes Integrated Services Team. Puentes is a joint program of Adult Mental Health and the Homeless Person’s Health Project funded through AB 2034. The role of the Employment Specialist is to assist all consumers enrolled in the program in moving from their current stage of employment or unemployment toward sustained and meaningful employment in the community. The employment services will be offered and available to Puentes participants in a “Menu approach” to employment, offering . a range of re-entry and employment stabilization choices and support services tailored to each individuals evolving needs and objectives.

B. DESCRIPTION OF SERVICES. CONTRACTOR will assign a half-time Employment Specialist who will monitor, assess and place Puentes participants in re-entry level employment activities and support their movement towards more advanced sheltered and mainstream employment options.

1. Employment re-entry activities will include: Providing interface with Puentes team regarding appropriate level

Supervising employment preparation and readiness in accordance

Coordinating with Community Connectiw Volunteer Specialist for

Communicating with employers of stipend positions, 0 Closely communicating with the Puentes team regarding

of employment,

with the Puentes model,

volunteer positions,

attendance and hours worked and for volunteer, Life Coach and stipend positions and monitoring time card submission for each.

2. Ensure the adequate preparation of the consumer for mainstream employment. Activities include:

Guide and support participants in employment preparation including trainingkoaching to complete job applications and resumes, interview skills, conduct on a job site, etc., Assist and attend interview process, Provide on-site job coaching if needed for training,

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Exhibit C, 2003-2004

Supervise attendance and hours worked, Monitor benefits status and assist with interaction with SSI, Develop employment opportunities in the community with employers matching consumer skills to employment. Jobs include individual placement, vocational goal related options and group placements, Broker employment for participants through existing resources such a temporary placement, EDD, etc.

3. The Employment Specialist will coordinate with the Puentes Supervisor to develop employment goal outcomes consistent with the goals of the program. The Employment Specialist will be responsible to monitor progress and outcomes.

C. DESCRIPTION OF CLIENT POPULATION. Participants in the Puentes program include those individuals who are actively enrolled in the AB 2034- funded program. Participants are eligible because they have a psychiatric disability, have a history of homelessness and are generally not being served by the County’s system of care.

D. SYSTEM INTENT. It is the intent of the Puentes employment program to help participants to enter and re-enter the workforce and to support them as they pursue deeper levels of employment activity.

II. Payroll Administration for Life Coach Program

A. PROGRAM INTENT. The Life Coach Program is a vehicle for the Puentes goals of socialization, employment and stability in housing. The program matches participants with skills and abilities with those who can benefit from support and. assistance. It builds on existing skills and enables coaches to assist other participants who need help in that area.

B. DESCRIPTION OF SERVICES. CONTRACTOR will collaborate with Puentes Team regarding the trained life coaches and collect time cards and issue stipend payments for each active participant.

C. SYSTEM INTENT. Life coaches work as temporary help workers hired and supervised through Puentes Supervisor. The program gives participants the opportunity to successkrlly earn money through active employment while helping other participants to remain stable in housing.

2888-01 Volunteer Ctr Exhibit C 2003-04 711 5/03

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Exhibit D, 2003-2004


EXHIBIT D - BUDGET, FISCAL AND PAYMENT PROVISIONS

1. FISCAL AND PAYMENT PROVISIONS:

a. Upon receipt of monthly claim documenting CONTRACTORS actual costs, COUNTY shall reimburse CONTRACTOR in monthly payments with an annual amount equal to CONTRACTO'S expenditures for prior month..

b. Cost of services shall be reimbursed based on actual cost up to the maximum amount of contract whichever is less, at the end of the contract year. CONTRACTOR shall remit any unearned funds to the COUNTY at the time CONTRACTOR submits cost report.

2888-01 Volunteer Ctr Exhibit D 2003-04 711 5/03

. _ Page 1 of 2

Exhibit Hz, 2003-2004

BUSINESS SERVICES ADDENDUM County-Covered Entity

This Business Associate Addendum (this “Addendum”) is entered into by and between the COUNTY OF SANTA CRUZ, hereinafter referred to as “County”) and CONTRACTOR (hereinafter referred to as “Business Associate”) ‘in order to comply with the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191), 42 U.S.C. Section 13204, et. seq., and regulations promulgated thereunder, governing protected health information (“PHI), as amended from time to time (statute and regulations hereinafter collectively referred to as “HIPAA”).

1. Use and Disclosure of Protected Health Information

Except as otherwise provided in this Addendum, Business Associate, may use or disclose protected health information only to perform functions, activities or services for or on behalf of the County, hereinafter referred to as the County, as specified in the Agreement, provided that such use or disclosure does not violate the Health Insurance Portability and Accountability Act (HIPAA), (U.S.C. 1320d et seq.), and its implementing regulations including but not limited to 45 Code of Federal Regulations parts 142, -160; 162, and 164, hereinafter referred to as the Privacy Rule. The uses and disclosures of PHI may not exceed the limitations applicable to the County under the regulations except as authorized for management, administrative or legal responsibilities of the Business Associate.

2. Further Disclosure of PHI

The Business Associate shall not use or further disclose PHI other than as permitted or required by this Addendum, or as required by law.

3. Safequardinq PHI

The Business Associate shall use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this Addendum.

4. Unauthorized Use or Disclosure of PHI I

The Business Associate shall report to the County any use or disclosure of the PHI not provided for by this Addendum or otherwise in violation of the Privacy Rule. Business Associate shall mitigate to the extent practicable any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of this Addendum. Business Associate shall report to County within twenty-four hours during a work week of discovery by Business Associate that PHI has been used or disclosed other that as provided for in this Addendum.

5. Agents and Subcontractors of the Business Associate

The Business Associate shall ensure that any agent, including a subcontractor, to which the Business Associate provides PHI received from, or created or received by the Business Associate on behalf of the County, shall comply with the same restrictions and conditions that apply through this Addendum to the Business Associate with respect to such information.

6. Access to PHI

1 Of3

Exhibit Hz, 2003-~004

At the request of the County, and in the time and manner designated by the County, the Business Associate shall provide access to PHI in a Designated Record Set to an Individual or the County to meet the requirements of 45 Code of Federal Regulations section 164.524.

7. Amendments to Desiqnated Record Sets ,

The Business Associate shall make any amendment(s) to PHI in a Designated Record Set that the County directs or at the request of the Individual, and in the time and manner designated by the County in accordance with 45 Code of Federal Regulations Section 164.526.

8. Documentation of Uses and Disclosures

The Business Associate shall document such disclosures of PHI and information related to such disclosures as would be required for the County to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 Code of Federal Regulations section 164.528.

9. .Accountins of Disclosure

The Business Associate shall provide to the County or an Individual, in the time and manner designated by the County, information collected in accordance with 45 Code of Federal Regulations section 164.528, to permit the Counfy to respond to a request by the Individual for an accounting of disclosures of PHI in accordance with 45 Code of Federal Regulations section 164.528.

10. Records Available to Countv and Secretary .

The Business Associate shall make available records related to the use, disclosure, and.privacy protection of PHI received from the County, or created or received by the Business Associate on behalf of the County, to the County or to the Secretary of th,e United State Department of Health and Human Services for purposes of investigating or auditing the Counfy’s compliance with the privacy requirements, in the time and manner designated by the County or the Secretary.

11. Destruction of PHI

Upon termination of this Addendum for any reason, the Business Associate shall:

a) Return all PHI received from the County, or created or received by the Business

b) Return or destroy all other PHI received from the County, or created or received by the Associate on behalf of the County required to be retained by the Privacy Rule; or

Business Associate on behalf of the County.

This provision shall apply to PHI in possession of subcontractors or agents of the Business Associate. The Business Associate, its agents or subcontractors shall retain no copies of the PHI.

In the event the Business Associate determines that returning or destroying the PHI is not feasible, the Business Associate shall provide the County notification of the conditions that make return or destruction not feasible. If the County agrees that the return of the PHI is not feasible, the Business Associate shall extend the protections of this Addendum to such PHI and limit further use and disclosures of such PHI for so long as the Business Associate, or any of its agents or subcontractors, maintains such PHI.

2 0 f 3

Exhibit HZ, 2003-2004

12. Amendments to Addendum

The Parties agree to take such action as is necessary to amend this Addendum as necessary for the County to comply with the requirements of the Privacy Rule and its implementing regulations.

13. Mitiaation of Disallowed Uses and Disclosures

The Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of PHI by the Business Associate in violation of the requirements of this Addendum or the Privacy Rule.

14. Data Auqreqation

The Business Associate may provide data aggregation sewices related to the health care operation of the County.

15. Termination of Contracts

The County shall terminate this contract upon knowledge of a material breach by the Business Associate of which the Business Associate fails to cure.

16. Assistance in Litiaation or Administrative Proceedinqs

Business Associate shall make itself, and any subcontractors, employees or agents assisting Business Associate in the performance of its obligations under this Addendum, available to County at no cost to County to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against County, it employees or officers based upon a claimed violation of HIPAA, the HIPAA regulations or other laws relating to security and privacy, except where Business Associate or its subcontractor, employee or agent is a named adverse party.

17. No Third-Partv Beneficiaries.

Nothing express or implied in the terms and conditions of this Addendum is intended to confer, nor shall anything herein confer, upon any person other than County or Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever.

18. Requlatorv References.

A reference in the terms and conditions of this Addendum to a section tn the HIPAA regulations means the section as in effect or as amended.

19. Survival.

The respective rights and obligations of Business Associate under Section 11 of this Addendum shall survive the termination or expiration of this Addendum.

Exhibit X , 2003-2004


EXHIBIT X - REVISIONS

The provisions set forth below shall supersede and take the place of the paragraph(s) they replace. All other provisions of this Agreement shall remain the same. Check and complete the appropriate box(es).

There are no revised paragraphs in this Agreement

I There are revised paragraphs in this Agreement

I Paragraph " " of Exhibit " " is hereby revised to read as follows: ,'

L I

I I An Addition to said contract shall be as follows: I

Exhibit X for 2003-2004 7/15/03

Page 1 of 1

COUNTY OF SANTA CRUZ REQUEST FOR APPROVAL OF AGREEMENT

TO: Board of Supervisors FROM : Eealrh Services bgenc (Depaftment) County Administrative Offie Auditor Controll?

AGREEMENTTYPE (Check One) Expenditure Agreement Revenue Agreement

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

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Said agreement is &meen tfie Eea l th Services Agency - Publ ic Eea l th

and S t g t e of ~7i). - '2ept. of P e a l t h Se rv ices , 714 P St., Sacramento, CA 942.34 (Name/Address)

m e agreement will provide fu2dixg f OT the o r a l h ~ . 2 l t h programs

(DepatQne~VAgenq)

S t a t e Cop-tract f C1-15367 Amendment A 0 1

Period of the agreement is from J U 1 7 1 9 200 1 to June 3C, 2004

Anticipated Cost Is $ N / A Fixed Monthly Rate Annual Rate Not to Exceed

Remarks: Contract amour:t $49,429 yer f l s c a l year

Detail: a On Continuing Agreements List for N 03 - 0 4 , Page CC- 22 Contract No: R-250 /OR 0 Tme Agmmnt 0 Section D[ No Board letter required, will be listed under Item 8 0 Sectionm .Board letter required Q SectionN Revenue Agreement

6. Appmpriations/Revenues are available and are budgeted in 3628CO (Index) 0680 (Sub object)

NOTE: IF APPROPRIAllONS ARE INSUFFICIENT, ATTACHED COMPLmD AUD-74 OR AUD-60

are have been Appropriations available and encumbered.

are not will be z;z'$f !zr Date; ?I,!. 3 Auditor ontroller Deputy

Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and authorize

.spaltsh Services Di rec to r (DepVAgency Head) to execute on behalf of the

Distribution: Board of Supervisors - White Auditor Controller - Canary Auditor-Controller - Pink Department - Gold

ADM - 29 (8/01) Title I, Section 300 Proc Man -

AUDlTOR-CONTROLLER USE ONLY

co 8 Document No. JE Amount Lines Hm sv Dab?

TCllO $ L Auditor Description Amount Index Sub object User Code 8

STATE OF CALIFORNIA

STANDARD AGREEMEV 4MENDMENT h

ST0 213 A (Rev 9/01)

0 CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AMENDMENT NUMBER AGREEMENT NUMBER

01-15367 A0 1 1. This Agreement is entered into between the State Agency and Contractor named below:

STATE AGENCY’S NAME

California Department of Health Services CONTRACTORS NAME

Santa Cruz County Health Services 2. The term of this

Agreement is 7-1-01 through 6-30-04 3. The maximum amount $136,148

of this Agreement is: One~Hundred Thirty Six Thousand One Hundred Forty Eight Dollars 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part

of the Agreement and incorporated herein:

1. Amendment effective date: July 1, 2001

II. Purpose Of amendment: This amendment decreases the number of students to be served from 4,949 to 3,729 target students and a decrease in the budget for year I from $49,429 to $37,290.

111. Exhibit A is amended to read as follows: a. The following exhibits are attached, incorporated herein, and made part here of by this reference:

1. Exhibit A A-1 Scope of Work FY 2001-2004 8 Pages All reference to Exhibit A in the body of this agreement and in any exhibits hereto, shall herein be deemed to read Exhibit A-1.

IV. Provision 2 of the General Terms and Conditions, subparagraph A.3 is amended to read as follows: a. The following exhibits are attached, incorporated herein, and made part hereof by this reference:

3. Exhibit B B-1 Budget FY 2001-2002 1 Page All references to Exhibit B in the bodv of this agreement and in anv exhibits hereto, shall Hereinafter be deemed to read Exhibit B-I.

V. Exhibit C. provision 1 entitled “Maximum Payable” subparagraphs A.l and A.4 are amended as follows: 1. Maximum Amount Payable

A. The maximum amounts payable under this agreement shall not exceed: 1. $4&)+2%$37,290 for the budget’period of 7-1-01 - 6-30-02. 2. $44&24? $136,148 for the entire agreement term.

All other terms and conditions shall remain the same.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR CONTRACTORS NAME (Ifother than an individual, state whether a corporation, partnership. etc.)

Santa Cruz County Health Services

LE OF PERSON SIGNING

Glen Kulm, DiFector of Administration ~~~

ADDRESS ~~~~~

P.O. Box 962, Santa Cruz, CA 95061

STATE OF CALIFORNIA

AGENCY NAME

California Department of Health Services BY (Authorized Signature) ,, I DATE SIGNED (Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

Edward Stahlberg, Chief, Program Support Branch L* Anderson’

1800 3rd. Street, Rm. 455, P.O. Box 942732, Sacramento, CA 94234-7320

-tract Business Services Section ADDRESS

CALIFORNIA Department of General Services

Use Only

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p! u

7- -.

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m

u ‘ - 1

a

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rr 0

E

F:

a 0 W PC 0 u m

w .I * .I > m

Personnel

Fringe Benefits (@ 27% of Personnel)

Operating expenses

Equipment

Travel

Subcontracts

Other costs

indirect costs

Total costs

Exhibit B-1 Revised Budget

Year 1 711 IO1 - 6130102

Budget $34,258

$9,250

$0

$0

$921

$5,000

$0

$0

$49,429

Contractor: Santa Cruz County Contract # 01-1 5367

Adjustments This Revision Revised Budget

($9.558) $24,700

$0 $0

$0 $0

$0 $921

$0 $5,000

$0 $0

$0 . $0

1

COUNTY OF SANTA CF-l REQUEST FOR APPROVAL OF AGREEMENT -

TO: Board of Supervisors County Administrative Office Auditor Controller

AGREEMENT TYPE (Check One)

FROM: Probat ion (Department)

BY: Richard Winner (Signature) Signature certifies nues are available

Expenditure Agreement Revenue Agreement 0


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Said agreement is between the

and Community Options, Inc., 501 Cedar S t r e e t #A, Santa Cruz, CA 95060 (Name/Address)

The agreement will provide Court R e f e r r a l Program

Proba t ion (DeparnenVAgency)

Period of the agreement is from J u l v 1, 2003 J to June 30, 2004 1 Anticipated Cost is $ 164,125 J 0 Fixed 0 Monthly Rate 0 Annual Rate Not to Exceed

Remarks: /

Detail: B O n Continuing Agreements List for N u - n 4 , Page CC- Contract NoCm0873 OR 0 1'Time Agreement I3 Sectionn No Board letter required, will be listed under Item 8 0 Section m .Board letter required 0 SectionN Revenue Agreement

Appropriations/Revenues are available and are budgeted in 574000 / (Index) (Sub object)

NOTE: IF APPROPRIAITONS ARE INSUFFICIENT, AlTACHED COMPLmD AUD-74 OR AUD-60

@ available and Appropriations encumbered. are not By Date: 4 ' / 1 , / h 3

have been

i t


(Dept/Agency Head) to execute on behalf of the 1

(Deparbnent/Agency )

Date:

Distribution: Board of Supervisors - White Auditor Controller - Canary Auditor-Controller - Pink County of Santa Cruz, Department - Gold a1 of agreement was ap-

i y v e Office 2 ! ~

ADM - 29 (8/01) Title I, Section 300 hoc Man


co $ Document No. JE Amount - Lines H/n Keyed Bv Date

TCllO $ L Auditor Description Amount Index Sub object User Code 8

AMENDMENT A-1 TO AGREEMENT E030873

The parties hereto agree to amend that certain Agreement dated September 23, 2002, by and between the COUNTY OF SANTA CRUZ and Community Options, Inc. by

1. Term. The term of this agreement is extended from July 1,2003 through June 30,2004.

2. Attachments. This Amendment include the foIlowing attachment:

Community Options Budget 2003/2004

All other provisions of said Agreement shall remain the same.

Dated: * COUNTY OF SANTA CRUZ

2

ox, Chief Probatibn Officer

Santa Cruz, CA 95061 Teiephone: 831-454-3833 FAX: 831-454-3035

CO- OPTIONS, INC. f t

By: d / ting Executive Director

Santa Crus CA 95060 Telephone: . 83 1-423-4592 FAX: 831-423-6108

A p m e d as to f oq : . Co ty Counsel ?I

C:\Data\Agreements 03-04\Conununity Options, Inc.-Amend A - 1 . d ~

j i I I j County of Santa CNZ i 164.1 25i \ 164,1251 Fees Santa Crut i I 42,0001 Fees WaWnville I I 25.400 I Interest Donations ! ! 500\ 5 OG

I I I

I I 2001 200

I I I TOTAL REVENUE 164.1 25: 67,7001 231.825

I I

SUPPUES & s m c E i Rent S a m CW Rent Watsonviile I 4.zooi 4,200 Teiephone 4,5001 2,000 I 6,5001 Utiilties Eqip. Maint i 2,0001 Z.OOGi Office Supplies ! 1,921 I 1,8111 3,732: Training i I 1,5001 1.50q TraveVMileage I I 3.5001 5.5QOt Professional Sewices I 4.00Oi 9,oooi 13.0001 tnsuranca Bond I 3,0001 1,500 3 ,5co . Postage ~ ~~~~ ~~ ~~ I 8001 800- -Advertisinq I ! I 1001 100 Public Relations j I 3cIOi 30 0- DueslSubscriptions : 5001 500! FeedLicensesKaxes ! I 9001 900.

Servica Fees 300 1 300

I I

I 16,OOOi 16.OCO

I I 1,590 I 1 .ooo./ 2.500

1

Bank Charges I ! 1001 100

I

I I I t

TOTAL ALL EXPENSE ! 164.1251 65 ,700! 229.824j

-.

Fiscal Year: 2003/2004 Jurisdiction: County of Santa Cruz

Agency: Community Outions Program: Court Referral Program

BUDGET NARRATIVE

Community Options operates the Court Referral Program of Santa Cruz County. The Court Referral Program provides a comprehensive; community based program that acts as the conduit through which the clients whom have been referred by the Santa Cruz Courts are placed with non-profit agencies within our community. These agencies are monitored to assure compliance with the requirements necessary to supervise our court referred clients. The agencies must be able to meet any special needs the client might have, have current liability insurance, and be willing to submit paperwork in a timely manner. Volunteer service hours are a form of court-ordered alternative sentencing in lieu of possible incarceration and/or fines that we are very proud to be able to provide.

In FN 2002/2003 we were asked to submit a budget based on a 10% reduction ($18,236) in funding from the County which resulted in a request of $164,125 in jurisdictional funding.

This FN 2003/2004 we were asked to submit a budget based on last year’s jurisdictional funding without increasing the amount to be able to reflect any cost of living pay increases. We have submitted a request for $164,125 in jurisdictional funding. The total budget for 2003/2004 is $23 1,825. That is $67,700 that the program will need to collect in fees. As so much of our fee collection depends on the whims of the economy and legislation, and many of our clients are unemployed and/or homeless, estimating the income from fees has been historically difficult.

Our independent consultants are a bookkeeper, a CPA who prepares our taxes and an annual review, a computer technician, and a computer programmer.

-- h

LW Form 1 County of Santa C. won-Profit Agency Attachment] FY 2003104 -LIVING WAGE DATA REPORT -

Agency Name: Contract No. CQ3&'73 County Dept"

Please complete this form checking all appropriate boxes for all covered emuloyees in your agency. Covered employees are defined in the ordinance as any employee of a nonprofit contractor who lives or works in Santa Cruz County. The signature and date on this form will serve as self-certification of the agency's ordinance exemption Status.

0 1.

0 2.

)n 3.

Collective Bargainhg Agreement Check this box if positions in this agency are represented by a bargaining unit or labor union and have a collective bargaining agreement in effect.

AII Positions Paid Living Wage Rates ($1 1 .65k with benefits; $12.71 without benefits) If all positions in this agency have pay rates that are at or above the living wage rates, check this box.

Living Wage Ordinance Exemption Categories Check this box if your agency is exempt from the requirements of the ordinance. Indicate by checking the appropriate box(es) below which exemption(s) applies to your agency:

0 B. Agency has cumulative contracts with the County in current fiscal year less than $15,000. A. Agency has five or fewer employees.

If items 1,2. or 3 are checked, your agency is exemut from wage data reuorting requirements. No additional forms are required. Sign and date this form and return to aupromiate Countv Department.

0 4. A Program In Our Agency Does Not Receive Any County Funds Check this box if a program in your agency is exempt based on the fact that it receives no County funding. Indicate the program in your agency that falls under this exemption and the number of program employees. Program Name: No. of Employees:

0 5. Some Positions Have Pay Rates Less Than Living Wage Rates Check this box if any positions in this agency have any part of their pay ranges at less than the living wage rates. If this box is checked, the following additional form must be completed and returned with your signed contract: Non-Wage Provisions Self-Certification Form (Form 2)

All non-profit agencies not exempt fiom the new living wage ordinance requirements must also provide wage data information for all employees in job classifications paying less than the current Living wage standard. A form to collect this information will be electronically distributed to non-profit contractors in January with a March deadline (date to be determined) to complete and return to the County.

I certify, under penalQ of perjury, that the above information is true and correct to the best of my knowledge. - 8- 26-03 Date

Section Below is Optional ~ ~ m ~ m ~ m . m ~ a ~ . ~ m . . . . ~ ~ m m ~ m ~ m ~ m ~ m ~ ~ ~ ~ ~ m ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a a ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ m ~ ~ ~ ~ ~ m ~ m ~ ~ ~ ~ m ~ ~ ~ ~ m ~ m ~ a ~ m l

Efforts to Maintain and Increase Wages for Positions (Check all appiicable boxes) 0 Our agency was able to bring all workers up to a living wage in FY . . 0 Our agency was not able to increase pay rates for employee positions in the FY 2003-04 budget. 0 Pay rates for positions in this agency were not reduced in the budget for FY 2003-04. 0 Our agency was able to give our employees the following pay increases (fill in blanks):

Cost of Living Adjustment (COLA) increases of % Step or annual increases of (% or $$)

0 Our agency was able to increase employer-sponsored benefits (Check appropriate boxes): 0 Health insurance benefits 0 Paid sick leavdvacation leave benefits 0 Unpaid sick leavdvacation leave benefits 0 Other

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The agrement will provide

c y - \ .* are ) _*

have been Appropriations available and ,-----..,. encumbered.

are not . , will be ; .- ,- --e-/

- . . I -

~ ~~~~

Pmpasai and accounting detail reviewed and approved. It IS recommended that the Board of Supervimrs approve the agreement and authrize --. 1

TCllO 8 L Audltor Description Amount I n k Sub object User Code

--

Contract No. C0%0873

INDEPENDENT CONTRACTOR AGREEMENT

THIS CONTRACT is entered into this 1'' Day of July, 2002, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and CONMUNI[TY OPTIONS, INC., '

hereinafter called CONTRACTOR. The parties agree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following result: Provision of comprehensive comrnunitv-based court referral proaam, to provide worksite placement and coordination of individuals given court-ordered alternative sentencing option of community service work. in lieu of incarceration or paving. a fine. See attached p r o p m description for Community Options P r o m .

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result, COUNTY agrees to pay CONTRACTOR as follows: Not to exceed $164,125 total compensation for the term period, to be invoiced on a monthly basis.

3. TERM. The tenn of this contract shall be: Juh 1,2002 through June 30,2003 or until terminated by one or the other party.

4. EARLY TERMINATION. Either party hereto may tenninate this contract at any time by giving 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 of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the CONTRACTOR'S performance under the terms of this Agreement, excepting any liability arising out of the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or property(ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTOR'S offkers, employees and agents engaged in the performance of this Agreement (including, without limitation, unemployment insurance, social security and payroll tax withholding).

6 . INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at minimum compliance with

h

all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTORS insurance coverage and shall not contribute to it.

If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent Contractor's Lnsurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and COUNTY both initial here I

A. T m s of Insurance and Minimum Limits

(1) Worker's Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if the CONTRACTOR has no employees and certifies to this fact by initialing here

(2) Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTORS employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle use by CONTRACTOR is not a material part of performance of this Agreement and CONTRACTOR and COUNTY both certify to this fact by initialing here

I (3) Comprehensive or Commercial General Liability Insurance coverage in the

minimum amount of $1,000,000 combined singIe 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 $ combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY I

B. Other Insurance Provisions

(1) If any insurance coverage required in this Agreement 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 Agreement (hereinafter ''post agreement coverage") and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

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

"The County of Santa Cruz, its officials, employees, agents and volunteers are added as an additional insured as respects the operations and activities of, or on behalf of, the named insured performed under Agreement with the County of Santa Cruz."

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

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

Fred Noh, Admin. Services Manager Santa Cruz County Probation Department PO Box 1812 Smta C r u ~ CA 95061-1812

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

Fred Noh, Admin. Sekices Manager Santa Cruz County Probation Department PO Box 1812 Santa Cruz CA 9506 1-1 8 12

7. EOUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Agreement, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or appIicant for employment because of race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sex, sexual orientation, age (over 1 8), veteran status, gender, pregnancy or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

B. E this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (1 5) or more employees, the following requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sex, sexual

orientation, age (over 1 S), veteran status, gender, pregnancy or any other non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider MinorityNornedDisabled Owned Business Enterprises in CONTRACTOR'S

solicitation of goods and services. Definitions for MinorityNomedDisabled Business Enterprises are available from the COUNTY General Services Purchasing Division.

(2) In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further agreements with the COUNTY.

, (3) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. to be inserted in all subcontracts for any work covered under this Agreement by a subcontractor compensated more than $50,000 and employing more than fifteen (1 5) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial suppIies or raw materials.

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.

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

SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, t,he work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY suppiies the instrumentalities, tools and work place; (0 The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating an independent contractor relationship rather than an employer- employee relationship; and (i) The COUNTY conducts public business.

It is recognized that it is not necessary that all secondary factors support creation of an independent contractor relationship, but rather that overall there are significant secondary factors which indicate that CONTRACTOR is an independent contractor.

By their signatures to this Agreement, each of the undersigned certifies that it is his or her considered judgment that the CONTRACTOR engaged under this Agreement is in fact an

independent contractor.

9. NONASSIGNMENT. CONTRACTOR shall not assign this Agreement without the prior written consent of the COUNTY.

10. RETENTION AND AUDIT OF RECORDS: Contractor shall retain all records pertinent to this Agreement for a period of not less than five (5) years after final payment under this Agreement or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor - Controller, the Auditor General of the State of California, or the designee of either for a period of five (5) years d e r final payment under this Agreement.

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

12. ATTACHMENTS. This Agreement includes the following attachments (identify by name or write “NONE”):

Attachment “A” Livini Wage Compliance Statement Scope of Services and Budget - “Communitv Options P r o p ” .

INTEGRATED AGREEMENT: The undersigned agree and intend that this written contract is an integrated agreement and is a complete, exclusive and final embodiment of the terms of their entire agreement. This written contract supersedes any previous written or oral agreements between the parties, and any modifications must be made in writing and signed by all parties to this agreement.

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IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

1. CONTRACTOR 4. COUNTY OF SANTA CRUZ

By: By: & Date: +/! Date: Fi7c25/0 -2-

Address: Community Options, Inc. Santa Cruz County Probation Dept. 501 Cedar St. Suite A PO Box 1812 Santa Cruz CA 95060 Santa C~UZ CA 95061-1812

Telephone: Telephone:

83 1.423-4592 83 1.454.3452

2. APPROVED AS TO INSURANCE:

By: S - \ L r n a ,

3. APPROVED AS TO FORM: n

DISTRIBUTION: County Administrative Office Auditor-Controller County Counsel Risk Management Contractor

Attachment "A"

COUNTY OF SANTA CRUZ LIVING WAGE COMPLIANCE STATEIWENT

Proposed Service:

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6.

7.

8.

9.

I Number of employees: 3 If five or less, please sign below and return.

Are your employees covered by a collective bargaining agreement? YES - NO If yes, please indicate the name(s) of the union andor bargaining unit and then sign and return:

Are your employees receiving a pay rate that meets or exceeds the County of Santa Cruz Living Wage requirements ($1 l.OO/hr. with benefits or $12.00/hr without benefits)? YES - NO

Are medical benefits provided to your employees? If yes, enter the name and address of the plan or program below:

YES - NO

Number of compensated days off (sick leave, vacation, holidays) per year for full time employees:

Will any subcontractors perform work on ttus contract? If yes, please complete and submit tlus form for each subcontractor working on t h i s County contract.

YES - NO

Please list any other contracts for services you currently have with the County:

ContractfPO# $ Amount Contract/PO# s Amount

Within the last five years, have you had any violations with the National Employees Relations Board, the Occupational Safety and Health Agency, the California Labor Commission, the Equal Employment Opportunity Commission, andor the Department of Fair Labor Employment and Housing?

YES- NO

If yes, attach a statement describing the findings of violations and how they were addressed. You may be required to provide information regarding employee turnover, wages paid, benefits and employee grievances or complaints. Do you agree to provide this information within 10 days of request? YES - NO

You may be required to provide certified payroll records for 30 days after the contract commencement to include the following information for each of your employees: employee name, contact phone number, job classification, date of hire, employer benefit contribution, and hourly wage. Do you agree to provide this information within 10 days of request? YES - NO

I c e w , under penalty of pexjury, that the above information is true and correct.

I 11 5.084

Health' Pension 6,500 2,415' 13,421 11,006

28,1751 143,259

13,964 7,464

v r s o n n d I 132,5901 . 38,0541 170,644 I I

Fiscal Year. 2002/03 Jurisdiction: Smta Cruz Countv Agency:_Comrnunitu Oations Program:

I.

Respond try number To 1) through 4) below as !hey apply to your W 2002/03 &&c,Qon PrppaseP

request. \'ou may also provide budget narrative with respect to Program Goals and Objkives (P,age 4). Do not base responses on your Agency Budget, it is the same as program budget. (Use space provided) 1) Provlce JUSTIFICATION for any COLA, m w , 3r supplemental funding. 2) Descr,be ALL INDEPENDENT PROFESSIONAL CONSULTANTS (Line Item 8010Fage 5) if

3) Explain MISCELLANEOUS (Line Item 94WPage 5) IF MORE THAN (1%) of jurisdictian request. 4) Justify and describe the duties of NEW POSITIONS (Page 6).

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B u d a e t ,

indu&d in jurisdiction request.

Community Options operates the Court Referral Program tor the County of Sanra Cruz. The- Court Referral Program provides 'a comprehensive, community based program chat provides work site placement and coordrnation lor individuals given the coufiardered alternative sentencing option of community service work. The cominuni:;y service work option is given by the courts in lieu of incarceration andor tires.

lo FPf 2001 102 we were required. by the County to adjust our salary schedule to reflect Li'ling Wage legislation enacted .by the County of Santa Crut in regards to all its serdica contractors. The County augmented our funding that year from $175,607' to $182.361. This increase raised the starting salary 01 two case manager positions and also the costs of other case manager positions already 'above stgirting level.

This F/Y 2002/03 we were asked to submit a budget based on a 10% reduction ($18,236) in funding from the County. We have submitted a request for $1 64,125 in jurisdictional lunding. The total expenses for 2001/02 were $218,941. That is $55,000 that the program will need to cdlect in tees for service tcr maintain a status quo budget. This budget for FN 2002/03 reflects approximately the Same amount collected. in fees in 2001/02. As so much of our fees colli?ctlon depends on the whims of the economy and legislation. and our papulation of clients are predominantly young and unemployed, estimating the income from fees has historically beenla cr'apshoot.

This bud!let reflects the elimination of one bilingualhicultural case manager position A starting level. It also eliminates any paid intern positions.

Our inde3endent consultants are a bookkeeper and a CPA who prepares our taxes and provides an annual review.

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Fixal Y e x 2007/03 Jurisdiction: of anta Cruz

Agency:l;:grnrnunily Options Program:L;ourt Refwal Proaram

G. POSmppLsAND SALARIESi

Elrhlblt A. Paae 2 QF;! _.' '

Please list ONLY Ihe positions and amounts requested from this jurisdiction. Indicate with M "x" whether position is'a NEW request or EXISTING (already funded by this jurisdiction). lndicata wlth an 'X' if position is designated as bilingual Only (EIL). Total Salaries Requested must match Salaries Total (line Item

under Totul Projeckd Jurisdiction Budget on Page 5. Please make sure that each row below multiplies correctly s.nd that colwnns'add up to the correct amounts. Round a l l l~!& to the nearest dollar.

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7000)

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1. Pleas(? lit1 out this section (G ) for each program iunded and z total page.

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Fiscal Y e w , 2002/03 Jurisdiction: Santa CNZ Caunty Agency: Corn- Options Proqarn:,Gourt Referral Progam

H. W N C Y ALDMINISTRATIVF ANOllIRFCT SFRV-'

Please show breakdown of administrative and direct service costs by providing figures for the Agency's Total BdJet, the Jurisdiction's share and the percentage of administratwe costs for each column. See instructions tor definitlons of administrative vs. direct cbsts.

2. Pleasf- 1171 out this section (H) f o r tho W l agency onry, &for each program

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COUNTY OF SANTA CRLL REQUEST FOR APPROVAL OF AGREEMENT -

TO: Board of Supervisors FROM : Probation ( D e m e n t ) County Administrative Offie Auditor Controller BY: Dick Winner

AGREEMENTNPE (Check One) Expenditure Agreement @ Revenue Agreement

The Board of Supervisors is hereby requested to approve the attached agreement and authorize the stecution of same.

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Said agreement is between the

and SC Comunitv CounselinF; Center, 195 Harvey West Blvd., SCruz, CA 95060 (Name/Address)

me agrement will provide Continuation of OASIS Program t o Juveniie Hall

~~ ~ ~~ ~ ~~ ~~ ~~~ ~~~~ ~ ~ ~ ~~

Period of the agreement is from T l l l T r 1 7nn1 J' to 1 Anticipated Cost is $ 1.24 5 00 I' 0 Fwd 0 Monthly Rate 0 Annual Rate @ Not to Exceed

Remarks:

Detail: On Continuing Agreements List for M 03- 0 4 . Page CC- 1 5-- Contract No- OR n 15'Tme Agreement Or Section II No Board letter required, will be listed under Item 8 0 Sectionm .Board letter required c7 Sectionw Revenue Agreement

Appropriations/Revenues are available and are budgeted in 572000 (Index) 3665 (Sub object)

NOTE: I F APPROPRIAnONS ARE INSUFFICIENT, ATACHED COMPLmD AUD74 OR AUD-60

3 available and Appropriations encumbered. have been

are not Date: ?//(A 3

Proposal and accounting detail reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and authorize ~

(DepWAgency Head) to execute on behalf of the

I * (DepartmenVAgency)

Date: By :

Distribution: / Board of Supervisors - White State of Califom' Auditor Controller - Canary Auditor-Controller - Pink Department - Gold was ap-

mz,

20. byD ADM - 29 (8/01) Title I, Section 300 Prcc Man

AUDITOR-COMROLLER USE ONLY ~ ~

co $ Document No. JE Amount Lines H m Date

AMENDMENT A-1 TO AGREEMENT #C032919-01

The parties hereto agree to amend that certain Agreement dated December 10 2002, by and between the COUNTY OF SANTA CRUZ and 1 Center. Inc. (SCCCC) by

1. Duties. Contractor agrees to continue the provision of comprehensive community-based intensive wraparound services designed to reduce the number of youth detained in the Santa Cruz County Juvenile Hall. SCCCC will continue the program known as the Outpatient Alternative with Supportive, Intensive Services (OASIS) Program. The funding source for the OASIS program is the Probation Department’s Temporary Assistance to Needy Families (TANF) allocation.

2. Compensation. The amount of compensation specified in the original of the agreement is an amount not to exceed $124,500 for the contract period. Contractor agrees to submit monthly invoices for the period July 1,2003 through June 30,2004. Each invoice needs to include an attachment detailing the services performed and clients served during each billing period..

3. Term, The term of this agreement is extended from Julv 1.2003 through June 30,2004.


Dated: +t $- ,2003 COUNTY OF SANTA CRUZ

Addressu P.O. Box 1812 -

Telephone: 83 1-454-3 833 FAX: 83 1-454-3035


SANTA CRUZ COMMUNITY COUNSELING CENTER, INC.

- a - I

Paul M. O’Brien, Executive Director

Address: 195 Harvey West Blvd.

Telephone: 83 1-469- 1 700 FAX: 831-425-1905


CADataUgreements 03-04\SCCCC-OASIS-Amend A-l.doc

The Outpatient Alternative with Supportive, Intensive Services

Program

O.A.S.I.S. A Collaborative Venture Between SCCCC, Inc.

And Santa Cruz County Probation Department

Fiscal Year 2003-2004

Contract Agreement

Santa Cruz County Probation Department P.O. Box 1812

Santa Cmz, CA 95060 (83 1) 454-3800

SCCCC, Inc. 195 Harvey West Blvd Santa Cmz, CA 95060

(83 1) 469-1700

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The primary objective of the OASIS Program is to provide intensive outpatient services to youth and their families by improving their knowledge of the juvenile justice system through education and empowerment. The ultimate goal is to reduce the number of youth detained at Santa Cruz County’s Juvenile Hall. This program is designed to make certain that youth are successful at appearing at their pre-disposition court hearing and do not re-offend during the time they are released into the community and the time they go to their pre-disposition bearing. This would entail keeping youth busy during peak hours when they have a tendency to re-offend and commit crimes or violate their probation terms. The primary target population are youth between the ages of 12 and 18, within Santa Cruz, County, who are in the probation system.

The program creates a structure that allows youth to learn about the ‘individual’ behaviors that lead them to Probation as well as the environmental circumstances that impact their lives. The OASIS Program will service approximately 370 youth and their families per year. This number is based on referrals from the Santa Cruz County Probation Department. This means that up to 24 youth and their families would be enrolled in the Program at any given time.

The OASIS Program is designed to be client-centered and supportive of the family. The program focuses on the youth and their issues, while supporting and education the family. The six-day a week program is conducted from one to thirteen weeks. The degree of intensity will vary form one to six visits per week, depending on individual treatment plans.

SCCCC, Inc.-Youth Services uses a culturally appropriate approach to the delivery of services. The OASIS program substantially increases the ability to reach both youth and families that are dealing with a multiplicity of issues. The agency uses a holistic approach to treatment, taking into consideration biculturalism, family values and impact, cultural values and impact, as well as conventional theory and practices.

CLIENT INTAKE: Intakes will be done within the first 8-24 hours after the referral is received by the OASIS Team from the Probation Department.

INDIVIDUAL COUNSELING: Will be assessed as to frequency by both the Probation and OASIS staff at the time of assignment. The sessions will take place at the client‘s home or where needed (e.g., school site). One-to-one counseling sessions will provide the Client with support and guidance through the Probation process. Individual sessions are separate and distinct from telephone sessions or group counseling sessions.

HOME VISITS: Visits focus on delivering individual counseling services and wrap-around services including getting youth enrolled in school, vocational training or college. It also includes getting professional counseling services for the youth and family as need is identified. It will, at times, require aiding youth in obtaining a job. Wrap-around services encompass anything that will aid youth in getting off Probation and succeeding in obtaining the skills and opportunities necessary for a healthy and productive life.

FAMILY VISIT: Family assessment will be done during Home Visits.

PARENT EDUCATION AND SUPPORT: Will provide a “family night” and/or “parent orientation” as well education and support services involving the Court process.

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GROUP COUNSELING: Sessions will take place twice a week, with one group conducted in North County and one held in South County. Group Sessions are to provide additional support and guidance through the probation process in a peer group setting. All activities will be appropriate for youth and focused on competency and character building.

GROUP ACTIVITIES: A youth group will be held once a week on a weekend day. The ‘activity’ will follow the group session and will be designed to keep youth busy during peak hours where Probation violations are likely to occur. Activities will be designed to teach youth healthy and positive ways of spending time. All activities will be appropriate for youth and focused on competency and character building.

POSITIVE ALTERNATIVE ACTIVITIES: All time spent with youth should create opportunities to discuss positive activities as alternatives to alcohol and drug use, gang involvement and other violentlunhealthy behaviors.

TRANSPORTATION: Client transportation will take place in agency or staff vehicles.

MONITORING AND DOCUMENTATION SERVICES: Case management files will be maintained in a locked file at the Youth Services’ OASIS Main Office. All client services will be documented for future reference and review. Monitoring systems will be implemented by Youth Services’ Administration and OASIS staff.

CRISIS INTERVENTION: Calls will be responded to from 9:00 a.m. until 300 p.m., Monday through Saturday. Each Counselor can be reached through an agency cell phone. The phone numbers will be available to the Probation Department and updated as necessary.

COURT TIME: There will be no actual Court time spent by Counselors, unless specifically requested by the client, hidher parent(s), or the Probation Department staff.

GOAL I: Reduce bed days at Juvenile Hall Provide an alternative and innovative multi-faceted approach that keeps up to 370 youth from becoming involved with Probation by redirecting them into more positive lifestyles choices to reduce bed days at Juvenile Hall.

GOAL 11: Increase Court Appearances Ensure attendance at the pre-disposition stage as well as the Court hearing itself. Youth Services will report the number of youth that have attended mandatory Court hearings,

GOAL 111: Decrease Re-offenses Ensure a decrease in re-offenses during the time the youth are released into the community and the time of the pre-disposition hearing. Will report the number of new offenses and number of technical violations during the time in the program.

GOAL IV: Provide Wrap-Around Services Provide the spectrum of services identified by the OASIS Program and Probation to each youth and their family participating in the program, which may include informing clients about community resources, including health and Medi-Cal resources, and assisting clients

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with access to these programs. Youth Services will report frequency of individual counseling sessions, group counseling session, home visits, and education and cultural activities.

GOAL V: Parent Education, Court Orientation, and Judicial System Orientation Provide educational services for parents and families about the couttljudicial system during home visits.

All staff will be bicultural as well as have the necessary skills to work with the targeted population. This requires a competent and dedicated staff that will be equipped with ongoing training and supervision. They must also be knowledgeable and sensitive to the diversity of the population in Santa Cruz, County.

Youth Services will provide two (2) full-time counselors to deliver all the services described in the Key Program Elements. Youth Services will ensure that as much as possible, staff will be comprised of a least one female counselor.

OASIS Counselors and the Program Manager will be responsible for case management. Weekly collaborative team meeting will include Youth Services and members of the Probation Team. The Program Manager will participate as well.

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FY 03-04 OASIS PROPOSED BUDGET

PERSONNEL Counselor I - Bilingual Counselor I - Bilingual Program Manager - Bilingual Youth Services Director Admin. Manager Program Assistant Subtotal Salaries

FTE 0.94 27,610 1.00 28,324 0.10 6,928 0.06 5,218 0.05 2,963 0.1 3 7,096

78,139

Benefits (Hlth/Dent/Life, Workers Comp) 7,014 Payroll Taxes 5,956 Unemployment Insurance 1,64 1 Subtotal Fringe 14,611 TOTAL PERSONNEL 92,750

Operating Office Supplies Telephone Postage Rent Printing/Copying Local Travel-Staff Mileage Gas & Oil - Company Vehicle Vehicle Lease Client Food Client Recreation/Education Employee Training Insurance Vehicle Insurance TOTAL OPERATING

TOTAL DIRECT COSTS Indirect Rate @ 11.3%

GRAND TOTAL

200 1,489

37 4,884

200 6,500 1,000 1,200 1,500 1,400

200 300 200

19,110

11 1,860 12,640

124,500

anysis-5\budgets\ysbudgets\03-04\proposal budgetsbasis proposal budget fy 03-04

LW Form 2 County of Santa Cruz won-Profit Agency Attachment] Living Wage Ordinance

FY 2003/04 Non-Wage Provisions Self-CerMcation Form

Agency Name: 7 County Dept: Probation ContractNo: &sjq- 01

All nonprofit agencies receiving County funding, unless exempt from the ordinance requirements, shall comply with the following non-wage provisions of the Living Wage Ordinance (Chapter 2.122 of the County Code):

1. Emdovee rights to report violation and to non-retaliation: (Section 2.122.1 10) Any employee claiming violation of the Chapter may report such acts to the County and may bring an action in the appropriate Court of the State of California or other appropriate administrative agency, against an employer to enforce his or her rights. Nothing in this Chapter shall preclude an employee fiom seeking any or all forms of relief and damages.

2. Labor relation neutrality: (Section 2.122.1 30) Contractors for services and subcontractors shall not hinder or further collective bargaining organization or other collective bargaining activities by or on behalf of an employer’s employees. However, this restriction shall not apply to any expenditure made in the course of good faith collective bargaining, or to any expenditure made pursuant to obligations incurred under a bona fide collective bargaining agreement.

3. Emdovee retention: (Section 2.122.140) In the event that any contract for services for an amount greater than $50,000 is terminated by County prior to its expiration, any new contract with a subsequent contractor for those same services shall include the following term:

Contractor shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of prior contractor, (3) employed by prior c o n a t o r for less than six months, or (4) convicted of a job-related or workplace crime. Upon request by the County, the Contractor shall demonstrate to the County that good faith efforts have been made to comply with this provision.

Within the last five years, has your agency had any violations with the National Employees Relations Board or the California Labor Commission? Yes - No X

I certify, under penalty of perjury, that Santa Cruz Community Counseling is in

compliance with all of the above stated non-wage provisions of the County Living Wage Ordinance.

Pame of Agency) Center, Inc .

pzdZ/&c 0 6 Signature of Executive Director

LWForm2 (7/11/03)

h

LW Form 1

h

County of Santa CI [Non-Profit Agency Attachment] FY 2003/04 -LIVING WAGE DATA REPORT

S a n t a Cruz Community A g e n c y N a m e : m P 1 i w n t P r - T,,~. ContractNo.&\Y-Ol County Dept" P r o b a t i o n

Please complete this form checking all appropriate boxes for all covered emdovees in your agency. Covered employees are detined in the ordinance as any employee of a nonprofit contractor who lives or works in Santa Cruz County. The signature and date on this form will serve as self-certification of the agency's ordinance exemption Status.

0 1. Collective Bargaining Agreement Check this box if positions in this agency are represented by a bargaining unit or labor union and have a collective bargaining agreement in effect.

0 2. All Positions Paid Living Wage Rates ($11.65/hr with benefits; $12.71 without benefits) If all positions in this agency have pay rates that are at or above the living wage rates, check this box.

0 3. Living Wage Ordinance Exemption Categories Check this box if your agency is exempt from the requirements of the ordinance. Indicate by checking the appropriate box(es) below which exemption(s) applies to your agency: 0 A. Agency has five or fewer employees. 0 B. Agency has cumulative contracts with the County in current fiscal year less than $15,000.

If items 1,2. or 3 are checked, your agency is exempt fiom wage data reporting: requirements. No additional forms are required. Sim and date this form and return to auurouriate Countv Deuartment.

4. A Program In Our Agency Does Not Receive Any County Funds Check this box if a program in your agency is exempt based on the fact that it receives no County funding. Indicate the program in your agency that fails under this exemption and the number of program employees. ProgramName: Head S t a r t , Ea r ly Head S t a r t No. of Employees: 78

@I 5. Some Positions Have Pay Rates Less Than Living Wage Rates Check this box if any positions in this agency have any part of their pay ranges at less than the living wage rates. If this box is checked, the following additional form must be completed and returned with your signed contract: Non-Wage Provisions Self-certification Form (Form 2)

All non-profit agencies not exempt from the new living wage ordinance requirements must also provide wage data infomation for all employees in job classifications paying less than the current living wage standard A form to collect this information will be electronically distributed to non-profit contractors in January with a March deadline (date to be determined) to complete and return to the County. I certify, under penalty of perjury, that the above information is true and correct to the best of my knowledge.

@--d+, O G 4/3/03 Signature of Executive Director I Y Date

Section Below is Optional 1 m m 1 ~ 1 m m a m ~ m ~ m m 1 m m m m ~ 1 m m ~ m m 1 m m ~ a ~ m m 1 m 1 m m m 8 ~ m m a ~ m m ~ m ~ ~ m m 1 m m ~ 1 m ~ m m m m ~ 1 ~ m ~ m ~ ~ a m ~ m m m m m m m m m m l

Efforts to Maintain and Increase Wages for Prrsitions (Check all applicable boxes) 0 Our agency was able to bring all workers up to a living wage in FY . 0 Our agency was not able to increase pay rates for employee positions in the FY 2003-04 budget. 6;k Pay rates for positions in this agency were not reduced in the budget for FY 2003-04.

Our agency was able to give our employees the following pay increases (fill in blanks): Cost of Living Adjustment (COLA) increases of 3 % Step or annual increases of 4 (YO or $$>

Q Our agency was able to increase employer-sponsored benefits (Check appropriate boxes): El Health insurance benefits 0 Paid sick leavehacation leave benefits 0 Unpaid sick leave/vacation leave benefits 0 Other

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Pmposal 'and accaunting detail reviewed and approved. It is recommended that the Board of Supmisws approve the agrement and autfoorize


t THIS CONTRACT is entered into this 10* Day of December, 2003 by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and Santa Cruz Communiq Counseling Center, Inc., hereinafter called CONTRACTOR The parties agree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skill to accompzish the following result: Provision of comprehensive commnnitg-based intensive wraparound services designed to reduce the number of youth detained in the Santa Cruz County Juvenile Hall. SCCCC wili continue the program formexiy provided by Fenix Services Inc, known as the Outpatient Alternative with Supportive, Intensive Services (OASXS) Program. See- attached program description and budget for FY 2002-03 from FENM Inc. Probation Department and Santa Cruz Community Counseling Center wiil renegotiate line item detail of budget no later than January 31,2003. Funding source is the Probation Department's Temporary Assistance to Needy Families (TANF) allocation.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result, COUNTY agrees to pay CONTRACTOR as foilows: Not to kxceed $114,117 totai compensation; to be billed on a monthIy invoice. Invoice to

. ' indude attachment detailing services performed and clients sewed in the billing period. . . . . . " .

3. TERM. The term of this contract shall be Januaw 7.2003 throwh June 30, 2003, or until terminated by one or the other party.

4. EARLY TERMINATION. Either party hereto may terminate this contract at any time by giving 10 days written notice to the other party.

5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS. CONTUCTOR shall exonerate, indemnrfy, defend, and hold harmless COUNTY (which for the purpose of paragraph 5 and 6 shall include, without lirnitatioi its officers, agents, employees and volunteers) from and against:

A Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a fesult o$ arising out ofl or in any manner connected with the CONTRACTOR'S performance under the tenns of this Agreement, excepting any liability arising out of the sole neghgence of the COUNTY. Such indemnification includes any damage to the person(s), or property(ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contriiutions

required to be paid with respect to CONTRACTOR and CONTRACTOR'S officers, employees and agents engaged in the performance of this Agreement (inchd.ing, without limitation, unemployment insurance, socia l securie and payroll t5x withholding).

6. INSURANCE. CONTRACTOK at its sole cost and expense, for the full term of this Agreement (and any extensiom. thereof), shall obtain and maintain ai minim= compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTOR'S insurance coverage and shall not contribute to it.

E CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent Contractois Insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and COUNTY both initial here /

A Types of Insurance and Minimum Limits L

(1) Worker's Compensation in the minimum sta&torily required coverage amounts. This insurance coverage shall not be required if the CONTRACTOR has no employees and c d e s to this fact by initialing here

vehicles used in the peflormance of this Agreement, including owned, non-owned (e.g. owned by

combined single limit per occurrence for bodily injury and property damage. This insurance

- ' p.erfoniiaGeof this Agreement and CO&WCTOK and COUNTY bath c m to this €kt by

(2) Automobile Liability Insurance for each of CONTRACTOR'S

. . CONTRACTOR'S employees), leased or hired vehicles, in the minimum amount of $1,000,000

. I .. coverage shall not be required ifvehicle use by CONTRACTOR is not a material part of

&tialing here / (3) Comprehensive or Commercial General L i a b i i Insurance

coverage in the minim~m amount O~$~,OOO,OOO combined singe limit, including coverage for: (a) bodiIy injury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross- liability.

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3 (4) Professional Liability Insurance in the minimum amount of $ combined single limit, and only it: this Subparagraph is initialed by CONTRACTOR and COUNTY I

€3. Other Insurance Provisions

(1) If any insurance coverage required in, this Agreement is provided on a "Claims Made" rather than "Occurrence" form, CONTRACTOR agrees to maintain the rapired coverage for a period of three (3) yeari after the expiration of this Agreement (hereinafter "post agrement coverage") and any exlensions thereof CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is .

contingent upon post agreement coverage being both available k d reasonably afFordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of

A

this Agreement in order to purchase prior acts or tail coverage for post agreement cove.mge SW be deemed to be reasonable.

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

T h e County of Santa Cruz, its officials, employees, agents and volunteers are added as an additional insured as respects the operations and activities of or on behalf of: the named insured pe~ormed under Agreement with the county of Santa CNZ."

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

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

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Fred Noh, Administrative Services Manager Santa Cruz County Probation Department. .

Post Office Box 18 12 Santa Cruz, CA 95061.

(4) CONTRACTOR agrees to provide its insurance broke+) with a 111 copy of these insurance provisions and provide COUNTY on or before the effective date of this Agreement with Certificates of Insurance for all required coverages. AIl Certificates of Insurance shall be delivered or sent to:

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Fred Noh, Administrative Services Manager Santa C m z County Probation Department Post Office Box 1812 Santa Cruz, CA 95061

7. EOUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Agreemen< CONTRACTOR agrees as follows:

A The CONTRACTOR shall.not discriminate against any employee or applicant for empIoyment because of race, color, religion, national origin, ancesby, physical or mental disability, medical condition (cancer related), marital status, sex, sexual orientation, age (over 18), veteran status, gender, pregnancy or any other non-merit factor unrelated to job duties. Such d o n shall indude, but not be limited to, the following: recruitment; advertising; layoff or

termination; rates of pay or other forms of compensatioq and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination cIause,

... - B. The CONTRACTOR shd, in ail solicitations or advertisements for employees

placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive

physical or mental disability, medical condition (cancer related), marital status, sex, sexual orientation, age (over. 18), veteran status, gender, pregnancy or any other non-merit fkcctor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Minonty/WomedDisabled Owned Business Enterprises in CONTRACTOR'S solicitation of goods and services. Dejinitions for Minority/WornenlDisabled Business Enterprises are available fiom the COUNTY General Services Purchasing Division.

.. . consideration for employment without regard to race, color, religion, national origin, ancestry,

(1) The CONTRACTOR shall furnish COUNTY Aflimmtive Action Office information and reports . i n the prescxi'bed reporting format (PER 40 12) identifjing the sex, race, physical or mental disability, and job classification of its employees and the names, dates and methods of advertisement and direct solicitation efforts made to subcontract with Minority- Women/Disabled Business Enterprises.

(2) In the event of the CONTRACTOR'S non-compliance with the non- discriminaton clauses of this Agreement or with any of the said d e s , regulations, or ordim said CONTRACTOR may be declared ineligible for fhther agreements with the COUNTY.

(3) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. to be inserted in all subcontracts for any work covered under this Agrement by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials,

8. INDEPENDENT CONTRACTOR STATUS. CO?J"IUCTOR and COUNTY . . have reviewed &d considered the prbcipa! test d:sedondary fhciors beiow and agree th;li. ..- . . ,

CONTRACTOR is an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.

-.


SECONDARY FACTORS: (a) The extent of control which, by agreemenrt, COUNTY may exercise over the details of the work is slight rather than substanti4 (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skitl required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities, tools and work place; (Q The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe

rc- n

L.. - they are creating an independent contractor relationship rather than an employer-employee relationship; and (j) The COUNTY conducts public business,

It is recognized that it is not necessary that allsecondary fixtors support creation of an independent contractor relationship, but rather that overall there are significant secondary factors which indicate that CONTRACTOR is an independent contractor,

By their signatures to this Agreement, each of the undersigned ced5es that it is his or her considered judgment that the CONTRACTOR engaged under this Agreement is in fact an independent contractor.

9. NONASSIGN”. CONTRACTOR shall not assign this Agreement without the prior written consent of the COUNTY.

10. RETENTLON AND AUDIT OF RECORDS. CONTRACTOR shall retain records pertinent to this Agreement for a period of not Iess than five ( 5 ) years d e r final payment ,

under this Agreement or until a fkal audit report is accepted by COUNTY, whichever occus first. CONTRACTOR hereby agrees to be subject to the examination and audit by the Sinta Cruz County Auditor-Controller, the Auditor General of the State of California, or the designee of either for a period of five (5) years after fhal payment under this Agreement.

11. PRESENTATION OF C L A I M S . Presentation and processing of any or alI claims arising out of or related to this Agreement shall be made in accordance with the provisions contained in Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.

OASIS Program Scope of Services and Budget; Living Wage Compliance Form

13. INTEGRATED AGREEMENT: The undersigned agree and intend that this den contract is an integrated agreement and is a complete, exclusive and final embodiment of the terms of their entire agreement. This written ‘contract supersedes any previous written or oral agreements between the parties, and any modifications must be made in writing and signed by all parties to .this agreement.

14. LTVING WAGE: This Agreement is subject to the provisions of the Santa Cruz County Code Chapter 2.122, requiring payment of a living wage to covered employees if CBUNTY detennines that l$is Agreement is covered and certifies to this fact by initialing here

CONTRACTOR certifies that it is in compliance with the Living Wage provisions of the Santa Cruz County Code Chapter 2.122 as set forth in the attached “Living Wage Compliance Statement.” Non-compliance during the term of the contract will be considered a material breach and may result in termination of this Agreement or pursuit of other legal or administrative remedies.

IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. -


Santa Cruz Cornunity Counseiing'Center, Inc.

Address: 195 Harvey West Blvd Santa Cruz CA 95060

Phone: (83 1) 469-1 700


By:

DISTIUBU'I'ION: County Administrative OfTice 3 Auditor-Controller County Counsel Risk Management Contractor

J The Outpatient Alternative with supportive, p Intensive Senrices Program

A Collaborative Venture between %nix Senn'ces, Inc. and

Santa CNZ Countv Probation Department

Fiscal Year 2002-2003

. ._ -. Contract . . .. . .-.- Agreement *, .. -

Santa C n n Cwnty Probation Department P. 0. Box 1812

Santa Cruq CA 95060 831-454-3800

Fenix S d c e s , Inc 10 Alexander Street

Watsonville, CA 95076 831-722-5914

Fenix Services, Inc + 10 Alexander Street + Watsonville + 831-722-5914

.. .

p.1 of 5

I I

I I - The primary objective of the OASIS Program is to provide intensive outpatient services to youth and their families by improving their knowledge of the juvenile justice system through education and empowerment The ultimate goal is to reduce the number of youth detained a t Santa Cruz county's Juvenile Hall. This program is designed b make certain that youth are successful at appearing at their predisposition court hearing and do not re-offend during the time they are released into the .mmmunity and the time they go to their predisposition hearing. This would entail keeping youth busy during peak hours when they have a tetidency to re-offend and commit crimes or viola& their probation terms. The primary target population are youth between the ages of 12 and 18, within Santa Cruz County, who are in the probation system.

The Program creates a structure that altows youth to learn about the 'individual' behaviors that lead them to Probation as well as the 'environmental' ammstances that impact their lives The OASIS Program will service approximately 550 youth and their families per year. This number is based on referrals from the Santa Cruz County Probation Department This means that up b 30 youth and their families would be enrolled in the Program a t any given time.

The OASIS Program is designed to be dientienbered and supportive of the family. The Program focus& on the Youth and their issues, while supporting and educating the family. The six-day a week Program is conducted from one to thirteen weeks. The degree of intensity will vary from one to six visits per week, dependlng on individual treatment plans.

Fenk services, Inc is a bilingual, bicultural program that has a culturally appropriate approach to the deliiety of sen/icek. The OASIS Program substantially increases the ability b r e a c h both youth and families that are dealing with a multiplicity of issues. The Agency uses a holistic approach to treatment, taking into consideration biculturalism, family values and impact, cuitural v a l u e s and impact, as well as conventional ,theory and practices.

KEY PROGRAM ELEMENTS

Client Intake. Intakes will be done within the first 8-24 hours after the refkml is received by the OASLS Team (at Fenix %vices' Main office) from the Probation Department.

.Individual Counseling Will be asses4 as to frequency by both the Probation a d OASls staff at the time of assignment The sessions will take place at the Client's home or where needed (e.g., school site). One-to-one counseling sessions will provide the Client with support and guidance through the probation process. Individual sesslons are septate and distinct from telephone sessions or group oounseling sessions.

Home Visi& Visits focus on delivering individual m u d i n g services and wrap around services. Wraparound dce!s indude getting youth enrolled in sdwol, vocational training or college. It also indudes getting professional counseling senn'ces for the Youth and Family as need is identified. It will, at times, require aiding youth in obtaining a job. Wraparound services encompass anything that will aid youth in

Fenix Services, I n c + 10 Alexander Street + Watsonvifle + 831-722-5914 p.2 of 5

A

getting off probation and succeeding in obtaining the skills and opportunities necessary for a healthy and productive life.

-

Family Visits Family assessments will be done during Home Visits.

Parent Education and Counselors will provide a ”family night“ and/or “parent orientation” as ~ u p p ~ f i well as education and support services involving the Court process

I

Group Counseling Sessions will take place twice a week, with one group conducted in North County and one held in South County. Group sessions are to provide additional support and guidance through the probation process in a peer group setting. All counseling topics will be appropriate and focused on youth empowerment and guidance.

Gmup Activities A youth group will be M d once a week on a weekend day. The ‘ a m will follow the Group Session and will be designed to keep youth busy during peak hours where probation violations are likely to occur. Activities will be designed to reach youth healthy and positive ways of spending time An activities w i l l be appropriate for youth and focused on competency and character building.

Positive Aiternatjive Ail time spent with Youth should ueate opportunities to discuss Activities positive activities as alternatives to alcohol and dtug use, gang

involvement and other violent/unhealthy behaviors.

Transportation Client transportation will take plaae in Agency &ides &. : - . . . .. - _ . . .- .

Monitoring and Case management f i l e s will be maintained in a locked file at the Fenix mcumenmtion Senria Services‘ Main oflce. All dient services will be documented for MLlre

reference and review. Monitoring SyStEms will be implemented by Mi %vices‘ Administratjon and OASK staff.

Crisis Intewention Calls will be responded tD from 8:OO a.m. until 8:OO p.m., Monday through Friday. Each Counselor can be reached ttUMlgh an Agency c e l l phone. The phone numbers will be awilable to the Probation Department and updated as necessary.

Court Time There will be no adual Court time spent by Counselors, unless speufically requested by the Client, his/her parent(s) or the Probation Department stafF.

Fenix Services, i n c + 10 Alexander Street + Watsonville + 831-722-5914 p l O f 5

PROGRAM GOALS -

Goal One Reduce bed days a t Juvenile Hail

Goal TWQ

Provide an alternative and innovative multi-faceted approach that keeps up to 550 youth from beowning involved with Probation by redirecting them into more positive lifestyles choices to reduce bed days at Juvenile Hall.

Increase Court appearances

Ensure attendance at the predisposition stage as vue!! as the Court hearing itself. FSI will report the number of youth that have attended mandatory Court hearings.

Gmi Three Decrease Re-offenses

Goal Four

Goal Five

Insure a decrease in reoffenses during the time the youth are released into the community and the time of the predisposition hearing. FSI will report the number of new offenses and number of technical violations during the time in the Program.

Provide wrap-around sewices

Provide the spectrum of services identified by the OASIS Program and probation to each youth- partiapating in the Program. FSI w i l l report frequency of individual counseling sessions, group counseling sessions, home visits, and education and cultural activities.

Pare.nt education, Court orientation, and judicial system orientation

.. . ..

P r o v i d e educational services for parenb and families about the Court / judiaal system during home visits.

I STAFFING I All staff will be bicultural as well as have the necessry skills to work with the targeted population. This requires a campetent and dedicated staff that will be equipped with ongoing training and supwrision. They must also be knowledgeable and sensitive to the diversity of the population in Santa Cruz County.

Fenix Services, 1% (FSX) will provide three (3) full-time counselors to deliver a l l the services described In the Key Program Eemenk. HI will ensure that as much as possible, staff w i l l be comprised of at least one female counselor.

The Lead OASIS Counselor and the Executive Director will be responsible for case management Weekly coilabwative team meetings will indude ail FSI staff and members ofthe Probation Team. The Executive Director will participate on a random basis or as specifically requested by Probation.

Fenix SeM’ces, Inc + IO Alexander Street + Watsanville + &1-722-5914 p.4 Of 5

I

Contract Budget FY02-03 Account Code

PERSONNEL EXPENSES Counselor 11 .8 I 23,447

Counselor I .8 1 18,377

Counselor I .8 1 17,831

Counselor I

Clinical Supervisor

Clinical Support

Program Support II

15,881

20,800

Program Support I Subtotal of Personnel

Direct Sem'ce Benefits 20,230

Direct Service Tax

Admin cost Center 51,SSS

168,122 rota1 Personnel with Benefits

OPERATING EXPENSES

. . . . . .

I

14604 1800 600

9600 ,

1506 47,802 i

I600 Telephone 1630 Traininq 1650 Ttave!/mileage 1660 Ut i l i t i e s

Subtotal Operating Expenses TOTAL BUDGET

Fenix Services, Inc + 10 Alexander Street + Watsonviiie + 831-722-5914 p.5 of 5

... - Attadnnent @A”

COUNTY OF SANTA CRUZ L M N G WAGE COMPLIANCE - STATEMENT

CompanyName: Santa Cruz,Comunity Counseling Center, Inc.

Addrass: 195 Harvey West Blvd., Santa Cruz, CA 95060 Street City State Z P

ProposedService: Intensive outpatient services to youth and their families. 1

1. Number of employees: 3 6 9 If five or less, please sign below and retura

2. Are your employees covered by a collective bargaining agreement? YES X NO If yes, please indicate the name@) of the union and/or bargaining unit and then sign and return:

3. Are your employees receiving a pay rate that meets or exceeds the Couaty of Santa CruzLiving Wage

4. Are medical benefits provided to your employees? X YES NO

requirements ($1 1.50k. with benefits or $12.55/hr without benefits)? YES X NO 43% under $11.50 L

If yes, enter the name and address of the plan or program below: Health Met - 21281 Eurbank Blvd., Woodland H i l l s , CA 91367 GE Financial - 2121 N. California Blvd.,, Ste 840 , Walnut Creek, CA 94596

5. Number of compensated days off (sick leave, vacation, holidays) per year for full time eW10yetX: 17 davs vacation, 12 sick days and 11 1/2 Holidays per year.

6. Will any subcontractors paform work on this contract? YES x NO If yes, please complete and submit this form for each subcontractor working on this C o w contract

8. Within the last five years, have you had auy violations with the National Employees Rdatians Board, the Occupational Wety and Health Agency, the California Labor Commission, tbe Equal Employment opportunity Commission, andor the Deparbnent &Fair Labor Ehnployment and Housing?

YES X NO

If yes, attach a Gtement d-iing the hndings of violations and how they were addressed. You may be required to provide information regarding employee turnwer, wages paid, benetits and emgbyee grievances or complaints. Do you agree to provide this information within 10 days of request? YES- NO

9. You may be required to provide &ed payroll records for 30 days after the contract commmament to include the following Xormation for each of your employees: employee name, contact phone number, job dasdication, date of hire, emplayer he& contribution, and hourly wage. Do you agree to provick this Momation within 10 days of request? X YES NO

_p. - COUNTY OF SANTA Cr 2

REQUEST FOR APPROVAL OF AGREEMENT -

TO: Board of Supervisors FROM: Probat ion (Department) County Administrative Offie Auditor Controller BY: Xichardwinner &(signature) 71 7/03 (Date)

Signature certifies that approp&tlons/revenues are available

AGREEMENTTYPE (Check One) Expenditure Agreement Revenue Agreement


1. Said agreement is between the Probation (DepamenVAgency)

and Conflict Resoluatin Center of S.C., 4067 Cory Stree, # 3 , Sequel, CA 95073 (Nam/Addr=)

2. The agreement will provide v,rtim-nffpndpr . n i .q lng l lp p a - in coordinat ion with Probation Dep%.

Comuni tp Action

3. Period of the agreement is from T 1 1 1 v 1 ~ 7003 to Juae 30 . 2004J

4. Anticipated Cost is $ 39 J 500 J [7 Fixed 0 Monthly Rate 0 Annual Rate Not to Exceed

Remarks:

5. Detail: 4 On Continuing Agreements List for PI O 3 - O4 . Page CC- I < , Conbact No: fn?7 5 4 5 /OR 0 1'Ime Agreement czf Sec'tton 11 No Board letter required, will be listed under Item 8 0 Section III .Board letter required 0 Sectionw Revenue Agreement

6. Appropriations/Revenues are available and are budgeted in 574009 ' (Index) 3665d (Sub object)

NOTE: I F APPROPRIAnONS ARE INSUFFICIENT, ATTACHED COMPLmD AUD-74 OR AUD-60

Appropriations @ available and are not

have been encumbered.

[ I


(DepVAgency Head) to execute on behalf of the

1 I (Department/Agency)

Date: By :

Distribution: Board of Supervisors - White Auditor Controller - Canary Auditor-Controller - Pink Department - Gold certify that the foregoing request for

i s o r s as recommended by the Cou

ADM - 29 (8/01) Title I, Section 300 Proc Man By: Deputy Cleric ' I


co $ Document No. JE Amount Lines H m Ke/ed Bv Date

TCllO 8 L Auditor Description Amount Index Sub object User Code

.-.

AMENDMENT A-1 TO AGREEMENT #C032545

The parties hereto agree to amend that certain Agreement dated December 5, 2002, by and between the COUNTY OF SANTA CRUZ and Conflict Resolution Center of Santa Cruz County by

1. Compensation. The amount of compensation is decreased to an amount not to exceed $39,500 for the contract period. Contractor agrees to submit monthly invoices for the period July 1,2003 through June 30,2004.

2. - Term. The term of this agreement is extended from July 1,2003 through June 30,2004.

3. Attachments. This Amendment include the following attachment:

Conflict Resolution of Santa Cruz County’s ScoDe of Services and Budget for 2003/2004


CO TY OF SANTA CRUZ Y5

Santa CW, CA 95061 Telephone: 831-454-3833 FAX: 83 1-454-3035

CONFLICT RESOLUTION CENTER OF SANTA CRUZ

By: r

Address: 4067 Cory St., Suite 3

Telephone: 83 1-475-61 17 FAX: 83 1-475-6541

Soquel, CA 95073

Appsved as to form:

County Counsel Jdli t a l l

C:U)ataMgreements 03-04\Conflict Resolution Center of SC Cty-Amend A - 1 . d ~

C e n t e r o f S 3 n t 3 C r u z C o u n t y

CPA 2000

SCOPE OF SERVICE COMPREHENSIVE MULTI-AGENCY JUVENILE JUSTICE PLAN

I. AGENCY INFORMATION Agency Name: Conflict Resolution Center of Santa Cruz County Address: 4067 Cory Street, Suite 3, Soquel, CA 95073 Agency Director: Steve Lustgarden Project Manager: Vicki Assegued Contract Amount: $39,500.00 Period: July 1,2003- June 30,2004

II. PROGRAM DESCRIPTION

The Conflict Resolution Center of Santa Cruz County (CRC), a private nonprofit organization, administers the Victim-Offender Dialogue Program in partnership with the Santa Cruz County Probation Department. The Victim-Offender Dialogue Program brings juvenile offenders face to face with those who have been harmed by the offenders’ actions. Meetings between victims and offenders are facilitated by trained mediators who support the parties’ efforts to communicate constructively about the offense and its consequences. In most cases, a product of the dialogue is a written plan of restitution. This restitution plan may specify hours of community service or other volunteer projects, actions to be taken to repair property damage, and/or a monetary payment plan.

III. LIST OF STAFF AND QUALIFICATIONS

The Victim-Offender Dialogue Program is administered by Program Coordinator Vicki Assegued. Under the direction of Program Director Nancy Heischman, the Program Coordinator provides intake, screening, and facilitation of cases referred by the Probation Department, as well as oversight and evaluation of volunteer mediators. Administrative support is provided by Administrative Coordinator Gloria Melnitsky.

Program Coordinator Vicki Asegued, was initially trained as a mediator in 1994, and serves as a volunteer in CRC’s Community Mediation Program. Vicki has been a volunteer with the Neighborhood Accountability Board (NAB) since its inception in Santa Cruz. She also provides training for other NAB members in communication and conflict resolution skills. Several years ago, Vicki worked as an intern with the Juvenile Probation department, laying the groundwork for the Victim Offender Dialogue Program. In the 1999/2000 school year, Vicki was an intern with the Conflict Resolution Team (CRT) at Watsonville High School. Then, in the 2000/2001 school year, she became the Program Coordinator of CRT. Vicki has taught

4067 C o r y S t r e e t , Su i t e 3 S o q u e l , Cal i fornia 95073 831.475.6117 fax 831.475.6541

C R A D L E P r o g r a m 722.1777 + S c h o o l s P r o g r a m 475.8440 + Vict im-Offender Dialogue P r o g r a m 475.9733

http://mernbers.cruzio.com/-mediate

People Talk , People Listen, Th ings Change

http://mernbers.cruzio.com/-mediate

Conflict Resolution skills to school students throughout the Santa Clara area, and to various other groups of children and adults.

Program Director Nancy Heischman has been on staffwith the Conflict Resolution Center since 1994. She has extensive experience in collaborative program development, mediation, facilitation, and supervision of volunteer-based programs. Nancy developed CRC’s Small Claims Mediation Program in conjunction with the Superior Court of Santa Cruz County in 1994, and has since developed and managed CRC’s Public Training Program, Organizational Training and Mediation Program, and South County Mediation Program.

Administrative Coordinator Gloria Melnitsky has been on staff with CRC since 1999, providing administrative support for each of CRC’s programs.

IV. PROCESS AND 0UTCOME.EVALUATION

The Victim-Offender Dialogue Program will handle cases including first time and repeat offenders, violent and nonviolent offenses, misdemeanors and felonies. The Program will maintain case records that will enable the Probation Department to evaluate program eficacy based on the measures outlined in Section 4.5 of the Comprehensive Multi-Agency Juvenile .- Justice Plan. The Program Coordinator will track the number of cases for which intake, assessment, and facilitation services have been performed, and the number of facilitated dialogues which have resulted in plans of restitution. The Probation Department will track the number of restitution plans that are successhlly completed.

In addition to collecting quantitative data, the Victim-Offender Dialogue Program will use a qualitative survey to assess victim and offender satisfaction with program services. Reports will be provided to the Probation Department at six month intervals.

V. BUDGET

the costs incurred by CRC.

Salaries MONTI€LY ANNUALLY Program Coordinator $1,610 $19,320 Program Director $ 540 $ 6,479 Administrative Assistant $ 188 $ 2.251 Salary Subtotal $2,337 $28,050

The Conflict Resolution Center will bill the Probation Department on a monthly basis for

Benefits Program Coordinator $25 5 $3,057 Program Director $ 70 $ 846 Administrative Assistant $ 29 $ 351 Benefits Subtotal $3 54 $4,254

ODerating Costs $600 $7,200 TOTALS $3292.00 $39,500

LW Form 1 County of Santa C, . won-Profit Agency Attachment] FY 2003/04 -LIVING WAGE DATA REPORT -

Please complete this form checking all appropride boxes for all covered emulovees in your agency. Covered employees are defined in the ordinance as any employee of a nonprofit contractor who lives or works in Santa Cruz County. The signature and date on this form will serve as self-certification of the agency’s ordinance exemption S t a t u s .

0 1. Collective Bargaining Agreement Check this box if positions in this agency are represent& by a bargaining unit or labor union and have a collective bargaining agreement in effect. 4 2. ALl Positions Paid Living Wage Rates ($1 1.651’hr with benefits; $12.71 without benefits) If all positions in this agency have pay rates that are at or above the living wage rates, check this box.

0 3. Living Wage Ordinance Exemption Categories Check this box if your agency is exempt from the requirements of the ordinance. Indicate by c ecking the appropriate box(es) below which exemption(s) applies to your agency:

0 B. Agency has cumulative contracts with the County in current fiscal year less than $15,000. d A. Agency has five or fewer employees.

If items 1.2. or 3 are checked your agency is exempt from wage data reporting requirements. No additional forms are required. Sim and date this form and return to amropriate Countv Deuartment.


0 5. Some Positions Have Pay Rates Less Than Living Wage Rates Check this box if any positions in this agency have any part of their pay ranges at less than the living wage rates. If this box is checked, the following additional form must be completed and returned with your signed contract: Non-Wage Provisions Self-certification Form (Form 2)

All non-profit agencies not exempt from the new living wage ordinance requirements must also provide wage data information for all employees in job classifications paying less than the current living wage standard. A form to collect this information will be electronically distributed to non-profit contractors in January with a March deadline (date to be determined) to complete and return to the County.

rjury, that the above information is true and correct to the best of my knowledge.

7/2/0 3 Date

Section Below is Optional 1 ~ ~ 8 ~ 8 ~ 8 ~ 1 ~ 8 V 1 ~ 8 ~ 1 ~ 8 ~ 8 ~ 8 ~ 8 ~ 8 ~ 8 ~ 8 ~ 8 ~ ~ ~ 8 ~ ~ B 1 ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ l ~ 8 ~ 1 ~ 1 ~ 8 ~ 1 ~ 8 ~ 8 ~ 8 ~ 8 ~ ~ ~ 1 ~ ~ ~ 8 ~ 8 ~ ~

Efforts to Maintain and Increase Wages for Positions (Check all applicable boxes) 0 Our agency was able to bring all workers up to a living wage in FY . 0 Our agency was not able to increase pay rates for employee positions in the FY 2003-04 budget. 0 Pay rates for positions in this agency were not reduced in the budget for FY 2003-04. 0 Our agency was able to give our employees the following pay increases (fill in blanks):

Cost of Living Adjustment (COLA) increases of YO Step or annual increases of (YO or $$)

0 Our agency was able to increase employer-sponsored benefits (Check appropriate boxes): 13 Health insurance benefits 0 Paid sick leavdvacation leave benefits 0 Unpaid sick leavdvacation leave benefits 0 Other

LWForml(7/11/03)

LW Form 2 County of Santa Cruz @on-Profit Agency Attachment] Living Wage Ordinance

FY 2003/04 Non-Wage Provisions Self-Certification Form

Agency Name: C ~ . , { ~ T Pa&t P? [ & , T G ~ v f Lnr&CpMz CW+U County Dept: 3 p,,!d, t- ,’? Contract No: L.I c f . All nonprofit agencies receiving County h d i n g , unless exempt from the ordinance requirements, shall compIy with the following non-wage provisions of the Living Wage Ordinance (Chapter 2.122 of the County Code):

1 ‘ - -

1. Emplovee rights to reuort violation and to non-retaliation: (Section 2.122.1 IO) Any employee claiming violation of the Chapter may report such acts to the County and may bring an action in the appropriate Court of the State of California or other appropriate administrative agency, against an employer to enforce his or her rights. Nothing in this Chapter shall preclude an employee from seeking any or all forms of relief and damages.

2. Labor relation neutrality: (Section 2.122.130) Contractors for services and subcontractors shall not hinder or further collective bargaining organization or other collective bargaining activities by or on behalf of an employer’s employees. However, this restriction shall not apply to any expenditure made in the course of good faith collective bargaining, or to any expenditure made pursuant to obligations incurred under a bona fide collective bargaining agreement.

3. Employee retention: (Section 2.122.140) In the event that any contract for services for an amount greater than $50,000 is terminated by County prior to its expiration, any new contract with a subsequent contractor for those same services shall include the following tenn:

Contractor shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair h b o r Standards Act, (2) family members of prior contractor, (3) employed by.prior contractor for less than six months, or (4) convicted of a job-related or workplace crime. Upon request by the County, the Contractor shall demonstrate to the County that good faith efforts have been made to comply with this provision.

Within the last five years, has your agency had any violations with the National Employees Relations Board or the California Labor Commission? Yes - I certify, under penalty of perjury, that coM-Gi(& !?esclf&Zh c&df.,U is in


No&

fY= of Agency)

” Signature”0f Exdt ive Director -

LWForrn2 (7/11/03)

1.

2.

3.

4.

5.

6.

Date: -

A .-.

Contract No. CO 12545


Tl3S CONTRACT is entered into this 1" Day of July, 2002, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and Conflict Resolukon Center of Santa Cruz County, hereinafter called CONTRACTOR The parties agree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skin to accomplish the following ' result:

Provision of Victim-Offender Dialogue Program per attached scope of services. In coordination with the Probation Department's Community Action Program, funded by Juvenile Justice Crime Prevention Act (JJCPA) allocation administered by the State Board of Corrections.

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

Not to exceed $48,519 for fiscal year 2002-03; to be billed on a monthly basis.

3. TEN The term of this contract shall be July 1,2002 through June 30,2003, or until terminated by one or the other party. .

4. EARLY TERMINATION. Either party hereto may terminate this contract at any h e by giving 10 days written notice to the other party.

. . . . . . . . . . . . . . . . . . . . . . . -. . . . ........ . I I . . . . . . . - - . r i . . ._ ..

5. INDEMNIFICATION FOR DAMAGES. TAXES AND CONTRIBUTIONS. CONTRACTOR s h d exonerate, indemolfy, defend, and hold hannless COUNTY (which for the purpose of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers) fiom and against:

A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the CONTRACTOR'S performance under the terms of this Agreement, excepting any liability arising out of the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or property(ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to C O W U C T O R and CONTRACTOR'S officers, employees and agents engaged in the performance of this Agreement (including, without limitation; unemployment insurance, social security and payroll tax withholding).

6. INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain 2nd maintain at minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTOR'S insurance coverage and shall not contribute to it.

. If CO?iTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor or otherwise provide evidince of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and COUNTY both initial here 1- .L .

A. T F e s of Insurance and'JMXmum Limits ?; i .. *.. . : '

. - . .

(1) Worker's Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not. be required if the CONTRACTOR has no employees and certifies to this fa9 by $thing here

.(2) Automobile Liability Insurance for each of CONTRACTOR's vehicles used in the performance o f . t s Agreement, including owned, non-owned (e.g. owned by CONTRACTOR'S employees), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall nof'be required ifvehicle use by CONTRACTOR is not a material part of performance of this Agreement and CONTRACTOR and COUNTY both certlfy to this fact by initialing here /

minimum amount of $1,000,000 combined single limit, incfuding coverage for':" (a) bodily injury, '

(b) personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross- liability.

combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY 1

- > . - . . . . .. (3) . ..Comprehensive or Comercial,Geperal Liability Insurance coverage in the . . . . . < .us,. ..a ..

(4) Professional Liability Insurance in the minimum amount of $


(1) E any insurance coverage required in this Agreement 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 Agreement (hereinafler "post agreement coverage") and any extensions thereof CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon-post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

(2) All required AutornobilC and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clause:


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

Fred Nohr, Administrative Services Manager Santa Cruz County Probation Department Post Office Box 1812 Santa Cruz, CA 95061

c


Fred Nohr, Administrative Services Manager Santa Cruz County Probation Department Post Office Box 18 12

.. , . , . . .~ . i , . . . . - _ . . . Smta Cmz,.CA 95051 ._ . i - : ... '

. . .. . .. . . . - . . . ..

7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the perfbrmance of this Agreement, CONTRACTOR agrees as follows:

A. .The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sex, sexual orientation, age (over 183, veteran status, gender, pregnancy or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer: The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

P . h

B. The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOfS state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sex, sexual orientation, age (over lS), veteran status, gender, pregnancy or any other non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR'S solicitation of goods and services. Definitions for Minority/Women/Disabled Business Enterprises are available from the COUNTY General Services Purchasing Division.

$

(1) The CONTRACTOR shall furnish COUNTY Af€irmative Action Office information and reports in the prescribed reporting format (PER 40 12) identifjrlng the sex, race, physical or mental disability, and job classification of its employees and the names, dates and

. methods of advertisement and direct solicitation efforts made to subcontract with Minority- WomenDisabled Business Enterprises.

(2) In the event of the CONTRACTOR'S non-compliance with the non- discrimination clauses of this Agreement or with any of the said rules, regulations, or o r d p said CONTRACTOR may be declared ineligible for krther agreements with the C.OUNTY.

(3) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. to be inserted in all subcontracts for any work covered under this Agreement by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have re-

CONTRACTOR is an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (workers compensation, unemployment, etc.) and

agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.

. . viewed and considered thti principal test and. secmdaq iiactots below and agiee that . , ' .- .'- . , ' - ' '

. all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY

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

SECONDARY FACTORS: (a) The extent of control which, by agreement, COTJNTY may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is . engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities, tools and work place; (9 The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of piyment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR and COiJNTY believe

they are creating an independent contractor relationship rather than an employer-employee relationship; and 0) The COUNTY conducts public business.

It is recognized that it is not necessary that all secondary factors support creation of an independent contractor relationship, but rather that overall there are sigmficant secondary factors which indicate that CONTRACTOR is an independent contractor.

By their signatures to this Agreement, each of the undersigned certifies that it is his or her considered judgment that the CONTRACTOR engaged under this Agreement is iq fact an independent contractor.

9. NONASSIGNMENT. CONTRACTOR shall not assignthis Agreement without the prior written consent of the COUNTY.

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

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

12. ATTACHMENTS. This Agreement includes the following attachments (identify by name or write “NONE”):

Scope of Services; Living Wage Certification

. . . . . . . . . . . * _.__ &< ..a ... - . . . __ . . . . . . . . . . - ..... . - . . -. . . . . . . . . . . * - * - -

13. INTEGRATED AGREEMENT: The undersigned agree and intend that this written contract is an integrated agreement and is a complete, exclusive and final embodiment of the terms of their entire agreement. This written contract supersedes any previous written or oral agreements between the parties, and any modifications must be made in writing and signed by all parties to this agreement.

14. LIVTNG WAGE: This Agreement is subject to the provisions of the Santa Cruz County Code Chapter 2.122, requiring payment of a living wage to covered employees if COUNTY determines that this Agreement is covered and certifies to this fact by initialing here

CONTRACTOR certifies that it is in compliance with the Living Wage provisions of the Santa Cruz County Code Chapter 2.122 as set forth in the attached “Living Wage Compliance Statement.” Non-compliance during the term of the contract will be considered a material breach and may result in termination of this Agreement or pursuit of other legal or administrative remedies.

n\r WITNESS W R E O F , the parties hereto have set their hands the day and year first above written.


Conflict Resolution Center of Santa Cruz County

By: er

Address: 4067 Cory Street, Suite 3 Soquel, CA 95073

Telephone: /831) 688-6475


2 - 1 0 - ~ 0 x Risk Management

3. APPROVED AS TO FORM:

DISTRIBUTION:, County Administrative Office Auditor-Controller County Counsel 'Risk Management Contractor

CPA 2000

SCOPE OF SERVICE COMPREHENSIVE MULTI-AGENCY JUVENILE JUSTICE PLAN

1. AGENCY INFORMATION Agency Name: . Conflict Resolution Center of Santa Cruz County Address: 4067 Cory Street, Suite 3, Soquel, CA 95073

Project Manager: Vicki Assegued i

Contract Amount: $48,519.40 Period: July 1,2002- June 30,2003

. I Agency Director: Steve Lustgarden

11. PROGRAM DESCRIPTION The Conflict.Resolution Center of Santa CNZ County (CRC), a private'nonprofit

organization, administers theVictim-Offender Dialogue Program in partnership with the Santa Cruz County Probation Department. The Victim-Offender Dialogue Program brings juvenile offenders face to face with those who have been harmed by the L

offenders' actions. Meetings between victims and offenders are facilitated by trained mediators who support the parties' efforts to communicate constructively about the offense and its consequences. In most cases, a product of the dialogue is a written plan of restitution. This restitution plan may specify hours of community service or other volunteer projects, actions to be taken to remediate property damage, and/or a monetary payment plan.

In addition to the Victim-Offender Dialogue Program, CRC will provide Victim - . Awareness classes on a monthly basis for juveniles referred by the' court. The Victim

. . .. Awareness Educa~on curriculum is'aes'igfied to heighten offenders' awareness of th&.--. . ' - . . . . impact of crime on victims, offenders, and the community.

111. LIST OF STAFF AND QUALIFICATIONS

Jennifer Opelt Jewell. Under the direction of Program Director Nancy Heischman, the Program Coordinator provides intake, screening, and facilitation of cases referred by the Probation Department, as well as oversight and evaluation of volunteer mediators. Administrative support is provided by Administrative Coordinator Gloria Melnitsky.

The Victim-Offender Dialogue Program is aifministered by Program Coordinator

Program Coordinator Jennifer Opelt Jeweil was initially trained as a mediator in 1991 , and served as a volunteer mediator and trainer in CRC's Community Mediation Program for several years. Along with the volunteers she now'supervises in the Victim Offender Dialogue Program, Jennifer was trained specifically for this program by Mark Umbriet, Ph.D., an internationally recognized authority on victim-offender dialogue. Jennifer's prior experience includes as a staff person implementing youth-oriented social service programs.

Program Director Nancy Heischman has been on staff with the Conflict Resolution Center since 1994. She has extensive experience in collaborative program development, mediation, faciiitation, and supervision of volunteer-based programs. Nancy developed CRC's Small Claims Mediation Program in conjunction withthe Superior Court of Santa Cruz County in 1994, and has since developed and managed CRC's Public Training Program, Organizational Training and Mediation Program, and South County Mediation Program.

. ?Administrative Coordinator Gloria Melnitsky has been on staff with CRC since 1999, providing administrative support for each of CRC's programs.

Victim Awareness classes are presented by contractor Ned Cost, who has over twenty years' experience as a trainer, counselor, and administrator of programs for at- risk youth in Santa Cruz County.

IV. PROCESS AND OUTCOME EVALUATION The Victim-Offender Dialogue Program will maintain case records that will enable

the Probation Department to evaluate program efficacy based on the measures outlined in Section 4.5 of the Comprehensive Multi-Agency Juvenile Justice Plan. The Program Coordinator will track the number of cases for which intake, assessment, and facilitation services have been performed, and the number of facilitated dialogues which have resulted in plans of restitution. The Probation Department will track the number of restitution plans that are successfully completed.

In addition to collecting quantitative data, the Victim-Offender Dialogue Program will use a qualitative survey to assess victim and offender satisfaction with program services. Reports will be provided to.the Probation Department at six month intervals.

. < I . . . . . . . - I . " I -. . . . - . .. , .. . ~ . . . I

Victim Awareness classes are evaluated using an instrument 'provided by the . , . .

' Probation Department.

V. BUDGET The Conflict Resolution Center will bill the Probation Department on a monthly

' basis for the costs incurred by CRC. Salaries MONTHLY ANNUALLY Program Coordinator $1,632.00 $1 9,584.00 Program Director $1,079.76 $12,957.12 Presenter, Victim Awareness Class $ 280.00 $ 3.360.00 Salary Subtotal $2,991.76 $35,901 . I2

Benefits Program Coordinator $256.95 $3,083.40 Program Director $140.98 $1,691 -71 Presenter, Victim Awareness Class $ 0 $ 0 Benefits Subtotal $397.93 $4,775.1 1

Operatincl Costs $653.59 $7.843.08 TOTALS $4,043.28 $48,519.31

futachmmt "A"

COUNTY OF SANTA CRUZ LIVING WAGE COMPLIANCE STATEMXNT

Address:

Proposed Service: Street City State Zip

1.

2.

3.

4.

5 .

6.

7.

8.

9.

Y c

' Number of employees: If five or less, please sign below and re&.

Are your employees covered by a collective bargaining agreement? YES- NO If yes, please indicate the name@) of the union andor bargaining unit and then sign and return:

Are your employees receiving a pay rate that meets or exceeds the County of Santa Cnu. Living Wage requirements (%11.50/hr. with benefits or $12.55/hr without benefits)? YES - NO

Are medical benefits provided to your employees? YES - NO If yes, enter the name and address of the plan or program below:

Number of compensated days off (sick leave, vacation, holidays) per year for full time employees:

Will any subcontractors perform work on this contract? YES- NO If yes, please complete and submit this form for each subcontractor working on this County 'contract.

Please list any other contracts for seMces you currently have with the County:

Contract/PO# s Amount Con&ct/PO# $ Amount b -..,. . . . - . .

Within the last five years, have you had any violations with the National Employees Relations Board, the Occupational Safety and Health Agency, the California Labor Commission,'the Equal Employment Opportunity Codssion, andor the Department of Fair Labor Employment and Housing?

- NO

If yes, attach a statement descriiing the frndings of violations and how they were addressed. You may be required to provide information regarding employee turnover, wages paid, benefits and employee

Do you agree to provide th is infomation within 10 days of request? , grievances or complaints.

YES- NO

You may be required to provide certified payrd records for 30 days after the contract commencement to include the following information for each of your employees: employee name, contact phone number, job classification, date of hire, employer benefit contribution, and hourly wage. Do you agree to provide this information within 10 days of request? YES . NO

I certify, under penalty of perjury, that the above information is true and correct.

5 - b ~ Lustsardw E$ecUhe ' D N U J w q75- LA4 q75: 6S4 \ Name (please print) Title Phone Number FaxNumber

s, 2002, . Date

GSD-LWC 12/01 (€'RB)

Human Resources A enc (-1

(Date)

2. magmentwl ls m d g r fundiEg f o r 3 paren t ing educat ion panels . __.--

-- CONTRACT NO.


THIS CONTRACT is entered into this 1'' day of July, 2003 by and between the COUNTY OF SANTA CRUZ HUMAN RESOURCES AGENCY, hereinafter called COUNTY, and, SANTA CRUZ COUNTY CHILD ABUSE PREVENTION COUNCIL (CAPC), hereinafter called CONTRACTOR. The parties agree as follows:

1.

2.

3.

4.

5.

6 .

DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following~result(s):

Provide three parenting education panels entitled "Everything You Wanted to Know About Positive Parenting and Now Get To Ask". Panels will be provided to residents of Santa Cruz County and will include: panel presentations; small group discussions; translation services for Spanish-speaking attendees; and child care for children of parents attending panel presentations.

COMPENSATION. In consideration for CONTRACTOR accomplishing said result, COUNTY agrees to pay CONTRACTOR an amount not to exceed $1,575 total. Contractor shall be paid in three equal payments based upon submission of a suitable invoice at the completion of each parenting panel.

Submit invoice for payment to:

Human Resources Agency Attn: Jodie Harris, Analyst 1400 Emeline Santa Cruz, CA 95060

TERM. The term of this contract shall be July 1, 2003 through June 30, 2004.

EARLY TERMINATION. Either party hereto may terminate this contract at any time by giving 30 days written notice to the other party.

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

A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the CONTRACTOR'S performance under the terms of this Agreement, excepting any liability arising out of the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or property (ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTORS officers, employees and agents engaged in the performance of this Agreement (including, without limitation, unemployment insurance, social security and payroll tax withholding).

INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTOR'S insurance coverage and shall not contribute to it.

If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each

1

- h

INDEPENDENT CGI 1 I RACTOR AGREEMENT CONTRACT #

subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and COUNTY both initial here I

A. Types of Insurance and Minimum Limits

1) Worker's Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if the CONTRACTOR has no employees and certifies to this fact by initialing here

2) Automobile Liability Insurance for each of CONTRACTORS vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTORS employees), leased or hired vehicles, shall each be covered with Automobile Liability Insurance in the minimum amount of $500,000.00 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle use by CONTRACTOR is not a material part of performance of this Agreement and CONTRACTOR and COUNTY both certify to this fact by initialing here I .

3) Comprehensive or Commercial 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 combined single limit. This insurance coverage shall not be required if both the CONTRACTOR and COUNTY acknowledge to this fact by initialing here I .


If any insurance coverage required in this Agreement is provided on a "Claims Made" rather than "Occurrence" form, CONTRACTOR agrees to maintain the required coverage for a period of three years after the expiration of the Agreement (hereinafter "post agreement coverage") and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clause:


All the insurance policies shall be endorsed to contain the following clause:

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

Santa Cruz County Human Resources Agency 1400 Emeline Santa Cruz, CA 95060 Attn: Jodie Harris, Analyst

2

INDEPENDENT COI. I RACTOR AGREEMENT CONTRACT #

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

Human Resources Agency 1400 Emeline Santa Cruz, CA 95060 Attn: Jodie Harris, Analyst

7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Agreement, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related), marital status, sex, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to the following: recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

B. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (1 5) or more employees, the following requirements shall apply:

The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related), marital status, sex, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned Business Enterprises in CONTRACTORS solicitation of goods and services. Definitions for MinorityNVomenlDisabled Business Enterprise-s are available from the COUNTY general Services Purchasing Division.

In the event of the CONTRACTORS non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further agreements with the COUNTY.

The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 78. to be inserted in all subcontracts for any work covered under this Agreement by a subcontractor compensated more than $50,000 and employing more than fifteen (1 5) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (worker's compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.

3

- INDEPENDENT CC .'RACTOR AGREEMENT

-. CONTRACT #

9.

I O .

11

12.

13.

14.

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

SECONDARY FACTORS. (a) The extent of control which, by agreement, COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities, tools and workplace; (f) The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (9) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating an independent contractor relationship rather than an employer-employee relationship; and (j) The COUNTY conducts public business.


By their signatures to this Agreement, each of the undersigned certifies that it is his or her considered judgment that the CONTRACTOR engaged under this Agreement is in fact an independent contractor.

NONASSIGNMENT. Contractor shall not assign this Agreement without the prior written consent of the COUNTY.

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

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

ACKNOWLEDGEMENT. Contractor shall acknowledge on any commemorative plaques and in all reports and literature that the Santa Cruz County Board of Supervisors has provided funding to the Contractor.

WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it shall be a requirement of this Agreement to provide links to the HelpSCC (www.helDscc.orq), Santa Cruz County Government (www.co.santa-cruz.ca.us), and Workforce Santa Cruz County (www.workforcescc.com) web sites.

LIVING WAGE. This agreement is covered under Living Wage provisions if this section is initialed by COUNTY

This agreement is subject to the provisions of the Santa Cruz County Code Chapter 2.122, requiring payment of a living wage to covered employees, if item #14 is initialed bv the COUNTY. Non- compliance during the term of the contract will be considered a material breach and may result in termination of the Agreement or pursuit of other legal or administrative remedies.


4

INDEPENDENT CC. I'RACTOR AGREEMENT

n

CONTRACT #

"CONTRACTOR shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of the prior contractor, (3) employed by the prior contractor for less than six months, or (4) convicted of a job- related or workplace crime. Upon request by the COUNTY, the CONTRACTOR shall demonstrate to the COUNTY that good faith efforts have been made to comply with this provision."

15. ATTACHMENTS. This Agreement includes the following attachments:



By: n L By: Signed Signed

Signed

E-Mail:

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

By:

DISTRIBUTION: Auditor-Controller Risk Management Child Abuse Prevention Council

5

LW Form 1 County of Santa Cruz - won-Profit Agency Attachment] FY 2003/04 -LIVING WAGE DATA REPORT

Agency Name: e fkk’ C Contract No. County Dept.

Please complete this form checking all appropriate boxes for all covered employees in your agency. Covered employees are defined in the ordinance as any employee of a nonprofit contractor who lives or works in Santa Cruz County. The signature and date on this form will serve as self-certification of the agency’s ordinance exemption status.


0 2. All Positions Paid Living Wage Rates ($1 1.65h with benefits; $12.71 without benefits) If all positions in this agency have pay rates that are at or above the living wage rates, check this box.

d 3 . Living Wage Ordinance Exemption Categories Check this box if your agency is exempt from the requirements of the ordinance. Indicate by checking the appropriate box(es) below which exemption(s) applies to your agency: d A. Agency has five or fewer employees. 13 B. Agency has cumulative contracts with the County in current fiscal year less than $15,000.

If items 1,2, or 3 are checked, your agency is exempt from wape data reporting requirements. No additional forms are rewired. Sign and date this form and return to appropriate County DeDartment.


13 5. Some Positions Have Pay Rates Less Than Living Wage Rates Check this box if any positions in this agency have any part of their pay ranges at less than the living wage rates. If this box is checked, the following additional form must be completed and returned with your signed contract: Non-Wage Provisions Self-certification Form (Form 2)


I certify, under penalty of perjury, that the above information is true and correct to the best of my knowledge.

c- 9 .3.03 Signature of Executive Director Date

Section Below is Optional ~ 1 ~ 1 ~ ~ . m ~ m ~ m 8 m 8 1 . m ~ 1 8 m ~ 1 ~ 1 ~ m 8 m 8 1 ~ 1 ~ m 8 m ~ 1 ~ 1 8 1 ~ m 8 m 8 ~ 8 1 ~ m 8 ~ ~ m ~ m ~ 1 8 m 8 m 8 1 ~ m 8 1 8 1 ~ 1 ~ 1 8 8 8 1 ~ 1 ~ 1 8 ~


Cost of Living Adjustment (COLA) increases of % Step or annual increases of (“A or $$)

0 Our agency was able to increase employer-sponsored benefits (Check appropriate boxes): 0 Health insurance benefits 0 Paid sick leavehacation leave benefits 0 Unpaid sick leavehacation leave benefits 0 Other

LWFoml(7/11/03)

LW Form 2 County of Santa Cruz pon-Profit Agency Attachment] Living Wage Ordinance

FY 2003/04 Non-Wage Provisions Self-certification Form

Agency Name: County Dept: Contract No:


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Employee rights to report violation and to non-retaliation: (Section 2.122.1 10) Any employee claiming violation of the Chapter may report such acts to the County and may bring an action in the appropriate Court of the State of California or other appropriate administrative agency, against an employer to enforce his or her rights. Nothing in this Chapter shall preclude an employee from seeking any or all forms of relief and damages.

Labor relation neutrality: (Section 2.122.130) Contractors for services and subcontractors shall not hinder or further collective bargaining organization or other collective bargaining activities by or on behalf of an employer’s employees. However, this restriction shall not apply to any expenditure made in the course of good faith collective bargaining, or to any expenditure made pursuant to obligations incurred under a bona fide collective bargaining agreement.

Employee retention: (Section 2.122.140) In the event that any contract for services for an amount greater than $50,000 is terminated by County prior to its expiration, any new contract with a subsequent contractor for those same services shall include the following term:

Contractor shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of prior contractor, (3) employed by prior contractor for less than six months, or (4) convicted of a job-related or workplace crime. Upon request by the County, the Contractor shall demonstrate to the County that good faith efforts have been made to comply with this provision.

Within the last five years, has your agency had any violations with the National Employees Relations Board or the California Labor Commission? Yes __ No __

I certify, under penalty of perjury, that is in


(Name of Agency)

Signature of Executive Director Date

LWForm2 (7/11/03)

h

CONTRACT NO.


THIS CONTRACT is entered into this 1'' day of July, 2003 by and between the COUNTY OF SANTA CRUZ HUMAN RESOURCES AGENCY, hereinafter called COUNTY, and, SANTA CRUZ COUNTY CHILD ABUSE PREVENTION COUNCIL (CAPC), hereinafter called CONTRACTOR. The parties agree as follows:

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DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following result(s):

Provide Camp Confidence program planning, counseling staff training, and support for program operations and camp activities for a two-week "Express Yourself' Children's Summer Day Camp for up to 85 homeless or marginally housed youth and CPS or counselor-referred students five to fifteen years of age.

COMPENSATION. In consideration for CONTRACTOR accomplishing said result, COUNTY agrees to pay CONTRACTOR an amount not to exceed $3,425 upon submission of suitable invoices for work completed.

Submit invoice for payment to:

Human Resources Agency Attn: Jodie Harris, Analyst 1400 Emeline Santa Cruz, CA 95060

TERM. The term of this contract shall be July 1, 2003 through June 30, 2004.

EARLY TERMINATION. Either party hereto may terminate this contract at any time by giving 30 days written notice to the other party.

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

A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the CONTRACTOR'S performance under the terms of this Agreement, excepting any liability arising out of the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or property (ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTORS officers, employees and agents engaged in the performance of this Agreement (including, without limitation, unemployment insurance, social security and payroll tax withholding).

INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTORS insurance coverage and shall not contribute to it.

If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor

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-- INDEPENDENT CC. . RACTOR AGREEMENT

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CONTRACT #

equivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and COUNTY both initial here I

A. Types of Insurance and Minimum Limits

Worker's Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if the CONTRACTOR has no employees and certifies to this fact by initialing here

Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTORS employees), leased or hired vehicles, shall each be covered with Automobile Liability Insurance in the minimum amount of $500,000.00 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle use by CONTRACTOR is not a material part of performance of this Agreement and CONTRACTOR and COUNTY both certify to this fact by initialing here I .

Comprehensive or Commercial 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.

Professional Liability Insurance in the minimum amount of $1,000,000 combined single limit. This insurance coverage shall not be required if both the CONTRACTOR and COUNTY acknowledge to this fact by initialing here I .

6. Other Insurance Provisions

If any insurance coverage required in this Agreement is provided on a "Claims Made" rather than "Occurrence" form, CONTRACTOR agrees to maintain the required coverage for a period of three years after the expiration of the Agreement (hereinafter "post agreement coverage") and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clause:


All the insurance policies shall be endorsed to contain the following clause:

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

Santa Cruz County Human Resources Agency 1400 Emeline Santa Cruz, CA 95060 Attn: Jodie Harris, Analyst

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INDEPENDENT CC. . RACTOR AGREEMENT

. -- CONTRACT #

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

Human Resources Agency 1400 Emeline Santa Cruz, CA 95060 Attn: Jodie Harris, Analyst

7 . EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Agreement, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related), marital status, sex, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to the following: recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

B. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (1 5) or more employees, the following requirements shall apply:

1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related), marital status, sex, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned Business Enterprises in CONTRACTORS solicitation of goods and services. Definitions for MinorityNVomenlDisabled Business Enterprises are available from the COUNTY general Services Purchasing Division.

2) In the event of the CONTRACTORS non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further agreements with the COUNTY.

3) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 78. to be inserted in all subcontracts for any work covered under this Agreement by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (worker's compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.

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

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INDEPENDENT COe iWCTOR AGREEMENT

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CONTRACT #

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SECONDARY FACTORS. (a) The extent of control which, by agreement, COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities, tools and workplace; (9 The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (9) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating an independent contractor relationship rather than an employer-employee relationship; and (j) The COUNTY conducts public business.



NONASSIGNMENT. Contractor shall not assign this Agreement without the prior written consent of the COUNTY.

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

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

ACKNOWLEDGEMENT. Contractor shall acknowledge on any commemorative plaques and in all reports and literature that the Santa Cruz County Board of Supervisors has provided funding to the Contractor.

WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it shall be a requirement of this Agreement to provide links to the HelpSCC (www.helpscc.org), Santa Cruz County Government (www.co.santa-cruz.ca.us), and Workforce Santa Cruz County (www.workforcescc.com) web sites.

LIVING WAGE. This agreement is covered under Living Wage provisions if this section is initialed by COUNTY .

This agreement is subject to the provisions of the Santa Cruz County Code Chapter 2.122, requiring payment of a living wage to covered employees, if item # I4 is initialed bv the COUNTY. Non- compliance during the term of the contract will be considered a material breach and may result in termination of the Agreement or pursuit of other legal or administrative remedies.


"CONTRACTOR shall make best efforts to offer employment to qualified employees of the prior

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INDEPENDENT COI, n8ACTOR AGREEMENT CONTRACT #

”CONTRACTOR shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of the prior contractor, (3) employed by the prior contractor for less than six months, or (4) convicted of a job- related or workplace crime. Upon request by the COUNTY, the CONTRACTOR shall demonstrate to the COUNTY that good faith efforts have been made to comply with this provision.”

15. ATTACHMENTS. This Agreement includes the following attachments:



BY: 3 By: Signed Sianed -

Signed


By: By:

DISTRIBUTION: Auditor-Controller Risk Management Child Abuse Prevention Council

5

Conven

EXHIBIT A

Child Abuse Prevention Council (CAPC) Camp Confidence

Scope of Work & Budget Fiscal Year 2003/04

.e Program Planning Retreat to evaluate 2002/03 Cam .p Confidence Children’s Day Camp program and develop strategies for the 2003/04 program activities including photography, music and sculpture for homeless and CPS and/or counselor-referred youth ages 5 to ,15 years. Timeline: By September Budget: $550

Write grant proposals to obtain additional funds to support program expansion and Camp Confidence projects and activities for youth. Timeline: By October Budget: $445

Convene planning meetings with Camp Confidence counselors, including program orientation and staff training for Children’s Day Camp program. Timeline: By June Budget: $500

Implement Camp Confidence Children’s Day Camp program. Funding will support program operating expenses and supplies for camp activities for up to 85 day campers. Timeline: In June Budget: $1930

Total Contract Amount: $3425

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LW Form 1 County of Santa Cruz [Non-Profit Agency Attachment] FY 2003/04 -LIVING WAGE DATA REPORT

Agency Name: 8 C Contract No. County Dept.

Please complete this form checking all appropriate boxes for all covered employees in your agency. Covered employees are defined in the ordinance as any employee of a nonprofit contractor who lives or works in Santa Cruz County. The signature and date on this form will serve as self-certification of the agency’s ordinance exemption status.


0 2. All Positions Paid Living Wage Rates ($1 1 . 6 5 h with benefits; $12.71 without benefits) If all positions in this agency have pay rates that are at or above the living wage rates, check this box.

d 3. Living Wage Ordinance Exemption Categories Check this box if your agency is exempt from the requirements of the ordinance. Indicate by checking the appropriate box(es) below which exemption(s) applies to your agency: d A. Agency has five or fewer employees. 0 8 . Agency has cumulative contracts with the County in current fiscal year less than $15,000.

I f items 1,2, or 3 are checked, your apency is exempt from wage data reportinp requirements. No additional forms are required. Sign and date this form and return to approDriate County Department.


0 5. Some Positions Have Pay Rates Less Than Living Wage Rates Check this box if any positions in this agency have any part of their pay ranges at less than the living wage rates. If this box is checked, the following additional form must be completed and retuned with your signed contract: Non-Wage Provisions Self-certification Form (Form 2)


I certify, under penalty of perjury, that the above information is true and correct to the best of my knowledge.

he- 4-03-03 Signature of Executive Director Date

1 8 a 8 a 8 a 8 a s a 8 m 8 ~ s m 8 8 8 8 8 a 8 a 8 a 8 a 8 a 8 a 8 a 8 8 m a 8 a a a 8 a 8 a m m m m 8 m 8 ~ a a 8 a 1 a s 8 8 a 8 8 a a 8 a 8 a 8 a 8 a 8 a a m 8 a 8 a 8 a 1 Section Below is Optional


Cost of Living Adjustment (COLA) increases of % Step or annual increases of (% or $$)

0 Our agency was able to increase employer-sponsored benefits (Check appropriate boxes): 0 Health insurance benefits 0 Paid sick leavehacation leave benefits 0 Unpaid sick leavehacation leave benefits 0 Other

LWForml(7/11/03)

LW Form 2 County of Santa Cruz won-Profit Agency Attachment] Living Wage Ordinance

FY 2003/04 Non-Wage Provisions Self-certification Form

Agency Name: County Dept: Contract No:


1.

2.

3.

Employee rights to report violation and to non-retaliation: (Section 2.122.1 10) Any employee claiming violation of the Chapter may report such acts to the County and may bring an action in the appropriate Court of the State of California or other appropriate administrative agency, against an employer to enforce his or her rights. Nothing in this Chapter shall preclude an employee from seeking any or all forms of relief and damages.

Labor relation neutralitv: (Section 2.122.130) Contractors for services and subcontractors shall not hinder or further collective bargaining organization or other collective bargaining activities by or on behalf of an employer’s employees. However, this restriction shall not apply to any expenditure made in the course of good faith collective bargaining, or to any expenditure made pursuant to obligations incurred under a bona fide collective bargaining agreement.

Employee retention: (Section 2.122.140) In the event that any contract for services for an amount greater than $50,000 is terminated by County prior to its expiration, any new contract with a subsequent contractor for those same services shall include the following term:

.Contractor shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of prior contractor, (3) employed by prior contractor for less than six months, or (4) convicted of a job-related or workplace crime. Upon request by the County, the Contractor shall demonstrate to the County that good faith efforts have been made to comply with this provision.

Within the last five years, has your agency had any violations with the National Employees Relations Board or the California Labor Commission? Yes - No ~

I certify, under penalty of perjury, that is in


(Name of Agency)

Signature of Executive Director Date

LWForm2 (7/11/03)

h

-L I I

A C O R k CERTIFICATE OF LIABILITY INSURANCE - OATE

fl&&i.&flfl7 PRODUCER 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES N O T AMEND, EXTEND OR BEDELL & NELSON/HARBERT I N S . A

PO BOX 1295 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I

SANTA CRUZ, CA 95061

INSURER A: -T.$ I p u n - INSURED SANTA CRUZ C H I D ABUSE

INSURERS AFFORDING COVERAGE pw

PREVENTION COUNCIL P . O . BOX 855

INSURER B: R p K I INSURER C:

OPPITOLA , CA 95010 INSURER D:

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN: ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER

POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CL MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE

TYPE OF INSURAWCE

GENERAL LIABILITY

GENERAL LIABILITY

CLAIMSMADE Lt] OCCUR - GEN'L AGGREGATE LIMIT APPLIES PER:

LOC

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRE0 AUTOS

NON-OWNED AUTOS

1 I

GARAGE LIABILITY

ANY AUTO

T E S S LIABILITY

OCCUR c] CLAIMSMADE

DEDUCTIBLE

, FIETF."lTIC\N f

WORKERS COMPENSATION AN0 EMPLOYERS' LIABILITY

OTHER

UPTION OF OPERATIONSILOCATIONSNEI

POLICY NUMBER

3003-04622-NPO

2003-04622-NPO

SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR .REIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AIMS.

c

POLICY EFFECTIVE

0 8/25/2 0 03

08/15/2003

:LES/EXCLUSIONS AOOED BY ENDORSEMENT/SPECIAL PROVISIONS

1 POLICY EXPIRATION

MIOONYI

FIRE OAMAGE (Any one fjrel 4 I o o d . EACH OCCURRENCE , 4 wannnej 08/15/2004

LIMITS 1.

' MED EXP (Any one person1 1 5 sono PERSONAL& ADV INJURY I s GENERAL AGGREGATE 1 5

PROOUCTS - COMP/OP AGG 4

i 1

08/15/2004 COMBINEDSINGLELIMIT , $

I (Ea accident1 Iomd

I I I BODILY INJURY

BODILY INJURY lPer accidenrl

PROPERTY OAMAGE i

(Peraccidentl i

AUTO ONLY - EA ACCIDENT 1 4 I OTHER THAN EA ' ' AUTOONLY: AGG 1 Z I EACH OCCURRENCE 1 $ I AGGREGATE I $ I

i I

I

5 i I I I t I 'L---L-

E.L. DISEASE - EA EMPLOYEE, S

E.L. DISEASE. POLICY LIMIT 4

THE COUNTY OF SANTA CRUZ, I T S OFFICERS, AGENTS AND EXPLOYEES, ARE NAMEI) ADDITIONAL INSURED. AS RESPECTS THE OPERATION OF THE ABOVE NAMED INSURED.

DATE THEREOF, THE ISSUING INSURER WILL -MAIL OAYS '&FITXU

COUNTY OF SANTA CRUZ 1000 GMELINE A V E . SANTA CRUZ, CA 95060

IMPORTANT

If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s1.

DISCLAIMER

The Certificate of Insurance on the reverse side of this form does not constitute a .contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negativeiy amend, extend or alter the coverage afforded by the policies listed thereon.

CQUNBY OF $ANTA CRUZ REQUES FOR APPROVAL OF AGREEMENT

FROM: - , Information Services

AGREEMENT TYPE ( C h e k One) Expenditure Agrement Revenue Agrement 0

The Board of Superviws is hereby requested m approve the attached agreement and authorize tM stewtion of same. 1

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6.

224+23 have been Contract No: ---

@ available and Appropriations encumbered. are not 8y : ~4!g Irzp'-'- Date: ?/,{/d3

Audit -Controller Deputy

ended that the Board of Supervisws

County Administrative Office

Distribution: Board of Supervisors - White Auditor Controller - Canary Auditor-Controller - Pink ot the Board of Supervisofi of the CiNJity of S n t a Gm., Department - Gold the foregoing request

proved by said bard of Suprv~sors as recommended by the Co - ' 2 3 20.-

ADM - 29 (8/01) Title I, Section 300 Proc Man

AUDTTOR-CONTROLLER USE ONLY

TCllO 8 -- L Auditor Description Amount Index Sub object User Code

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Attachment C 9/92

AMENDMENTTOAGREEMENT

The parties hereto agree to amend that certain Agreement dated September 12, 2002

by and between the COUNTY OF SANTA CRUZ and DECISION ONE CORPORATION

by replacing the “Decision One - Rate Sheet 2002 - 2003‘’ with the “Decision One - Rate

Sheet 2003 - 2004” (Attachment A) and extending the service agreement from July 1,2003

through June 30, 2004. All other provisions of said Agreement shall remain the same.

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A

CONTRACTOR

Address: 430 No. Vineyard Ave., S u i t e 250 O n t a r i o , CA 91764

Telephone: 909-605-7 16 1

Dated: 1 ’ I 1

Approved as to form:

DISTRIBUTION: Information Services Department Auditor-Controller County Counsel Risk Management Contractor

DECISION ONE - RATE SHEET 2003--..,4 AVACHMENTA

DECISION VENDOR VENDOR MONTHLY DISCOUNT ONE NUMBER EQUIP TYPE 0401 PRINTER

NAME NUMBER RATE PPROD

RATE' EQUIPMENT DESCRIPTION S-400T 6.50 S 4.55 SLIP PRINTER

1092

21 49 1791

21 49 21 49

21 49 2328 2639 2640 2644 2864 2864 2864 2864 2864 2906 3399 3399 3541

3576 3575

3593 3765 4039 4091 4350 4561 5499 5499 5499 5499 5762 5786 5986 5986

6022 5986

6234 6234 6272 6538 6581 6581 6581 6581 6581 6839 7069 7069 7407 7407 7517 7517 7517 7959 7959 7959 7936 8070 8118 8348 8348 8348 8348 8348 8389 8600 8642 8939 9542 9542 9546 9547 9552 9552

PRINTER PANASONIC KXP-1092 PRINTER HP PRINTER PRINTER PRINTER PRINTER LAPTOP PRINTER PRINTER LAPTOP PC PC PC PC PC LAPTOP PRINTER PRINTER PRINTER PRINTER DOCKING STATION SCANNER PRINTER PRINTER PRINTER PRINTER PRINTER, COLOR PRINTER PRINTER PRINTER, COLOR PRINTER, COLOR PRINTER PRINTER PC PC PC PLOTTER PC PC PC PC PC PC PC PC PC PRINTER CD-ROM PRINTER PRINTER PRINTER PC PC PC PRINTER, COLOR PRINTER, COLOR PRINTER, COLOR PRINTER, COLOR PRINTER PRINTER PC PC PC PC PC PRINTER, COLOR SERVER SERVER LAPTOP LAPTOP LAPTOP LAPTOP LAPTOP LAPTOP LAPTOP

LEXMARK LEXMARK LEXMARK LEXMARK IBM HP HP IBM IBM IBM IBM IBM IBM

HP IBM

HP HP HP IBM FUJIT IBM

LEXMARK IBM

IBM HP HP HP HP HP HP HP IBM IBM IBM HP IBM IBM IBM IBM IBM IBM IBM IBM IBM IBM MTC MTC HP HP IBM IBM IBM LEXMARK LEXMARK LEXMARK LEXMARK LEXMARK IBM IBM IBM IBM IBM IBM HP IBM

IBM IBM

IBM IBM

IBM IBM IBM IBM

C5110A 4026 OPTRA OPTRA OPTRA 2628 3630A 33440A 2645 6862 6862 6862 6862 6862 2626 C2001A LASERJET 33449A C3166A 3546 M3093 4019 4039 4039 431 7 C7085A C2106A C2168A C2692A C3196A C1645A LASERJET 6587 6587 6587

6275 C6075A

6275 6282 6562 656 1 656 1 6561 6561 6561 6840 0160

C1759A 1324

C3141A 6589 6589 6589 OPTRA SC OPTRA T OPTRA C T520 2390 31 16 6588 6588 6588 6588 6588 C3961A 8640 8642 THINKPAD 56t S 9549 s 9549 s 9545 s 9547 s 9552 s 9552 s

10.00 s 8.50 S

17.25 S 17.25 S 17.25 $

40.00 s 17.25 S

35.00 S 10.50 S

40.00 S 16.00 S 16.00 S 16.00 S 16.00 S 16.00 S 40.00 $ 22.50 $ 22.50 s 17.25 S 22.50 s 9.00 $

70.00 S 21.92 S

22.50 s 36.00 $

67.58 S 55.00 S 10.00 s 9.00 s

25.00 $ 87.00 S 10.50 $ 17.25 $ 16.00 5 16.00 S 16.00 S

357.14 S 16.00 S 16.00 5 16.00 5 16.00 S 16.00 S 16.00 5 16.00 5 16.00 S 16.00 S

298.00 S 60.00 S

47.00 $

22.50 S 18.00 s 16.00 $ 16.00 S 16.00 S 50.00 S 17.25 5 44.00 s 25.50 S 13.25 $ 69.00 $ 16.00 S 16.00 5 16.00 S 16.00 S 16.00 S 87.00 S

175.00 S 175.00 S 40.00 S

27.00 S 27.00 S

40.00 s 40.00 S 40.00 S 40.00 S

5.95

12.08 7.00

12.08 12.08 12.08 28.00 7.35

24.50 28.00 11.20 11.20 11.20 1 I .20 11.20 28.00 15.75 15.75 12.08 15.75

49.00 6.30

15.34 25.20 15.75 47.31 38.50 7.00 6.30

17.50 60.90

12.08 7.35

11.20 11.20 11.20

250.00 11.20 11.20 11.20 11.20 11.20 11.20 11.20 11.20 11.20

208.60 42.00

32.90 12.60 15.75 11.20 11.20 11.20 35.00

30.80 12.08

17.85

48.30 9.28

11.20 11.20 11.20 11.20 11.20 60.90

122.50 122.50 28.00 18.90 18.90 28.00 28.00 28.00 28.00

PRINTER COLOR SCANJET 5P OPTRA E+ PRINTER 6PPM LASER MONOCHROME LASER PRINTER l2PPM MONOCHROME LASER PRINTER PRINTER TP MOM 700 256 64/12.0 14.1 PAINT JET PRINTER LASER JET II PRINTER 8PPM TP6OOE 366 256 64/6.4 13.3 PCMOPL 266MMX, 512 32/4.2GB PC3OOPL 3OOMH2, MMX. 32M8, 4.2GB PCBOOPL 450 512 64/6 PCL300 64MB, NO HDD, NO SMI PC3OOPL 450 512 64/4.2GB THINKPAD 390,233MH2,32MB, 3.268 LASERJET 4 8PPM LASERJET 4M PRINTER LASERJET 111 PRINTER 551 LASER JET 24PPM THINKPAD DOCK II EX IMAGE SCANNER LASERJET PRINTER LASERPRINTER LASER PRINTER MODEL 4039 IO+ NETWORK LASER PRINTER I7PPM COLOR LASERJET 4550 PRINTER DESKJET 500 DESKJET 560C INKJET PRINTER 2500C+ PROF SERIES COLOR PRNTR DESIGNJET 750C 36" PAPER PAINTJET XL300 LASERJET lllD PRINTER 8PPM PI00 1.2GB 16MB P200 MMX 2.5GB P200 I .6 GB 32MB DESIGNJET 1055CM PLOTTER PC3OOGL PC3OOGL 350 512 64/0 PC300GL P2OOMMX 32/2.5 PC3OOPL P200MHZ MMX, 32MB. 2.5GB PC3OOGL 300 512 32/OHD 4x4 PC3OOGL 233,32MB, 2.5GB 4X PC3OOGL P266,512 32/0 GB PC3OOGL P266,512 3414.2 GB

NETVISTA A40 IGHZ GRAPHICS PC3OOGL 333MHZ PI1

400 CPS DOT MATRIX PRTR SCANJET IIC MAC LASER JET 4V 16PPM P365 S200 32MB 1.6GB P365 S200 32MB 4.2GB P365 P200 2.1GB 32MB 12PPM MONO 3PPM COLOR LASER PR l5PPM LASER PRINTER I6PPM MONO 3PPM COLOR LASER PR MONO 20PPM LASER PRINTER PRINTER LASER PRINTER PC3OOXL 233MHZ. 2.568 32MB PC3OOXL 266MHZ. 4.3GB SCSI, 32MB PC3OOXL 266MMX, 512KB,32/ 2.5 PC3OOXL 266MHZ,32 MB PCMOXL 266MHZ COLOR LASERJET 5 10PPM/3PPM IBM F/S 330 P111266, 64M, CDROM PC SERVER 720 THINKPAD 560 IBM THINKPAD 770 P233MMX 32/51

THINKPAD IBM THINKPAD 7702 366 256 128/14/4 13.3

THINKPAD 760XL 166MHZ 16MB 2.1 THINKPAD 700 PS/2 THINKPAD 720 PS/2

968673-008 CD-ROM

'NOTE: Discounted rate is the monthly rate less 30%

’ .

Contract No. 22623


THIS CONTRACT is entered into this 12th day of September, 2002, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and DECISION ONE CORPORATION, hereinafter called CONTRACTOR. The parties agree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following result: ON SITE MAINTENANCE SERVICE (4 HR RESPONSE) FOR PERSONAL COMPUTERS, PERIPHERALS AND RELATED EQUIPMENT.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result, COUNTY agrees to pay CONTRACTOR as follows: MONTHLY DISCOUNTED PRICTNG FOR PERSONAL COMPUTERS, PERIPHERALS AND RELATED EQUIPMENT AS ITEMIZED IN THE

CALCULATED AT 30% LESS THAN AGREED MONTHLY RATES AS PER ATTACHMENT A. ADDED EQUIPMENT (NOT CURRENTLY ON THE RATE SHEET) WILL BE CHARGED AT CURRENT DECISION ONE MONTHLY PRICES FOR SUCH EQUIPMENT AT THE DISCOUNTED RATE.

“DECISION ONE - RATE SHEET 2002-2003” (ATTACHMENT A). DISCOUNTED RATES ARE

-

3. TERiM. The term of this contract shall be: EFFECTIVE JULY 1,2002 THROUGH JUNE 30,2003, WITH OPTION OF RENEWAL.

4. EARLY TERMINATION. Either party hereto may terminate this contract at any time by giving thirty (30) days written notice to the other party.

5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS. CONIXACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a result off. arising out of, or in any manner connected with the CONTRACTOR’S performance under the terms of this Agreement, excepting any liability arising out of the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or property(ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees and agents engaged in the performance of this Agreement (including, without limitation, unemployment insurance, social security and payroll tax withholding).

3

6. INSURANCE. CONTRACTOR, at its sole cost and expense, for the fill term of this Agreement (and any extensions thereof), shall obtain and maintain at minimum compliance with all of the folIdwing insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance self-insurance maintained by COUNTY shall be excess of CONTRACTOR’S insurance coverage and shall not contribute to it.

Page 1

respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTOR’S insurance coverage and shall not contribute to it.

If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent Contractor’s Insurance as to each subcontractor or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and COUNTY both initial here I .

A. Tvpes of Insurance and Minimum Limits .-

( I ) Worker’s Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if the CONTRACTOR has no employees and certifies to this fact by initialing here

(2) Automobile Liability Insurance for each of CONTRACTOR’S vehicles used in the performance of ths Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’S employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per ’

occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle use by the CONTRACTOR is not a material part of performance of t h s Agreement and CONTRACTOR and COUNTY both certify to this fact by initialing here I .

- (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.


(1) ~ If any insurance coverage required in this Agreement 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 Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

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

“The County of Santa Cruz, its officials, employees, agents and volunteers are added as an additional insured as respects the operations and activities of, or on behalf of, the named insured performed under Agreement with the County of Santa Cruz.”

(3) All required insurance policies shall be endorsed to contain the following clause: “This,insurance shall not be canceled until after thirty (30) days prior written notice hasbeen given to:

- - Santa Cruz County Information SFrvices Department Attn: Joan Cole

Page 2

701 Ocean Street, Room 530 Santa Cruz, CA 95060


Santa Cruz County Information Services Department Attn: Joan Cole 701 Ocean Street, Room 530 Santa Cruz, CA 95060

7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Agreement, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sexual orientation, age (over 1 S), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment; advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

B. If this Agreement 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 placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, c.olor, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sexual orientation, age (over 1 S), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment; advertising, layoff or termination; rates of pay or other forms of compensation; and selection for traiping (including apprenticeship), employment, upgrading, demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods and services, Definitions for MinoritylWomedDisabled Business Enterprises are available from the COUNTY General Services Purchasing Division.

(2) In the event of the CONTRACTOR’S non-compliance with the non- discrimination clauses of this Agreement or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for hrther agreements with the COUNTY.

(3) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. To be inserted in all subcontracts for any work covered under this Agreement by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. -

Page 3

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have . reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is an independent contractor and‘not an employee of COUNTY. CONTRACTOR is responsible for all insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.


SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (2) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of.COUNTY; (i) CONTRACTOR and COUNTY believe they are creating an independent contractor relationship rather than an employer- employee relationship; and 0’) The COUNTY conducts public business.



9. NONASSIGNMENT. CONTRACTOR shall not assign the Agreement without the prior written consent of the COUNTY.

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

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

12. ATTACHMENTS. This Agreement includes the following attachments (identify by name or write “NONE”:

ATTACHMENT A - DECISION ONE RATE SHEET 2002-2003

13. LIVING WAGE. T h i s agreement is covered under Living Wage provisions if this section is initialed by COUNTY

-ff---. Page 4

’ .

This agreement is subject to the provisions of Santa Cruz County Code Chapter 2.122, requiring payment of a living wage to covered employees, if item # 13 above is initialed bv the COUNTY. Non-compliance during the term of the contract will be considered a material breach and may result in termination of the Agreement or pursuit of other legal or administrative remedies.


“CONTRACTOR shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of the

. prior contractor, (3) employed by the prior contractor for less than six months, or (4) convicted of a job-related or workplace crime. Upon request by the COUNTY, the CONTRACTOR shall demonstrate to the COUNTY that good faith efforts have been made to comply with this provision.”

lN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

I-CTOR /z 3. COUNTY OF SANTA CRUZ

Address: 430 No. Vineyard Ave - S t e 250

Ontario;?CA 91764

Telephone: 909-605-7 161

Fax: 909-390-4455

Email: [email protected]

$


Risk Management

DISTRIBUTION: Infonnation Services Department Auditor-Controller ’

0 ’ County Counsel Risk Management Contractor

- -

- Document 1

Page 5

mailto:[email protected]

.>

- (.,':- )

DECISION ONE -RATE SHEET 2002-2003 ATTACHMENTA

DECISION /ONE VENDOR VENDOR MONTHLY DISCOUNT NUMBER EQUIP TYPE NAME NUMBER RATE RATE* EQUIPMENT DESCRIPTION

5.95 PRINTER 1092 1791 2149 2328 2639 2640 2644 2864 2864 2906 3399 3541 3576 3593 3765 4039 4091 4350 4561 5499 5499 5499 5499 5762 5786 5986 6022 6234 6234 6272 6538 6581 7069 7069

' 7407 7407 7517 7548 7959 8070 8348 8389 8600 8642 8939 9542 9547 9552

PRINTER PRINTER PRINTER LAPTOP PRINTER PRINTER LAPTOP PC PC LAPTOP PRINTER PRINTER DOCKING STATION SCANNER PRINTER PRINTER PRINTER PRINTER PRINTER, COLOR PRINTER PRINTER PRINTER, COLOR PRINTER, COLOR PRINTER PRINTER PC PLOTTER P C P C P C PC PC CD-ROM PRINTER PRINTER PRINTER P C CD-ROM PRINTER, COLOR PRINTER PC PRINTER, COLOR SERVER SERVER LAPTOP LAPTOP LAPTOP LAPTOP

PANASONIC HP LEXMARK IBM HP HP IBM IBM IBM IBM HP HP IBM FUJIT IBM IBM LEXMARK IBM HP ,

HP HP HP HP HP HP IBM HP IBM IBM IBM IBM IBM MTC MTC HP HP IBM SONY LEXMARK LEXMARK IBM HP IBM IBM IBM IBM IBM IBM

KXP-1092 C511 OA OPTRA 2628 3630A 33440A 2645 6862 6862 2626 C2001A 33449A 3546 M3093 4019 4039 4039 431 7 C7085A C2106A C2 168A C2692A C3196A C 1 645A LASERJET 6587 C6075A 6275 6275 6282 6562 6561 0160 1324 f

C1759A C3141A 6589 CDROM OPTRA SC 2390 6588 C3961A 8640 8642

$ 8.50 $ $ 10.00 $ $ 17.25 $ $ 40.00 $ $ 10.50 $ $ 35.00 $ $ 40.00 $ $ 16.00 $ $ 16.00 $ $ 40.00 $ $ 22.50 $ $ 17.25 $ $ 9.00 $ $ 70.00 $ $ 21.92 $ $ 36.00 $ $ 22.50 $ $ 67.58 $ $ 55.00 $

.$ 10.00 $ $ 9.00 $ $ 25.00 $ $ 87.00 $ $ 10.50 $ $ 17.25 $ $ 16.00 $ $ 357.14 $ $ 16.00 $ $ 16.00 $ $ 16.00 $ $ 16.00 $ $ 16.00 $ $ 298.00 $ $ 47.00 $ $ 18.00 $ $ 22.50 $ $ 16.00 $ $ 16.00 $ $ 50.00 $ $ 13.25 $ $ 16.00 $ $ 87.00 $ $ 175.00 $ $ 175.00 $

THINKPAD 56C $ 40.00 $ 9549 $ 40.00 $ 9547 $ 40.00 $ 9552- $ 40.00 $

*NOTE: Discounted rate is the monthly rate less 30%

7.00 COLOR SCANJET 5P 12.08 OPTRA E+ PRINTER 6PPM LASER 28.00 TP A20M 700 256 64112.0 14.1 7.35 PAINT JET PRINTER 24.50 LASER JET II PRINTER 8PPM 28.00 TP6OOE 366 256 6416.4 13.3 11.20 PC3OOPL 11.20 PCL300 28.00 THINKPAD 390, 233MHZ, 32MB, 3.2GB 15.75 LASERJET 4 8PPM 12.08 LASERJET Ill PRINTER 6.30 THINKPAD DOCK II EX 49.00 IMAGE SCANNER 15.34 LASERJET PRINTER 25.20 LASERPRINTER 15.75 LASER PRlNTER MODEL 4039 10+ 47.31 NETWORK LASER PRINTER 17PPM 3850 COLOR LASERJET 4550 PRINTER 7.00 DESKJET 500 6.30 DESKJET 560C INKJET PRINTER 17.50 2500C+ PROF SERIES COLOR PRNTR 60.90 DESIGNJET 750C 36" PAPER 7.35 PAINTJET XL300 12.08 LASERJET IllD PRINTER 8PPM 11.20 P I 00 IP200 250.00 DESIGNJET 1055CM PLOTTER 11.20 PC300GL 11.20 PC3OOGL 350 11.20 PC300GL P200MMX 11.20 PC3OOPL P200MHZ MMX, 32MB, 2.5GB 11.20 PC300GL 300 512 32/OHD 4x4 208.60 968673-008 CD-ROM 32.90 400 CPS DOT MATRIX PRTR 12.60 ' SCANJET IIC MAC 15.75 LASER JET 4V 16PPM 11.20 P365 S200 32MB 4.2GB 11.20 SONY CD ROM 35.00 12PPM MONO 3PPM COLOR LASER PR 9.28 PRINTER 11.20 PC3OOXL 233MHZ,2.5GB 32MB 60.90 COLOR LASERJET 5 10PPMl3PPM 122.50 IBM FIS 330 P111266, 64M, CDROM 122.50 PC SERVER 720 28.00 THINKPAD 560 28.00 IBM THINKPAD 770 28.00 THINKPAD 760XL 28.00 THINKPAD 7001720

FRon :DECISION CNE CORP SERUlC .. . - --- - 2002.lQ-10 13:OQ 8753 P.02103

--

TE09001765 (AOS) TEO9Wl76501 (TX)

MA09000053 (MA)

S e n insured f o r physical damage

M02,lQ-lQ 11:00 #7f3 P.O3,'03 . .

L I COMPANY

c 1004dB-GAUWP-01-02 GAWU UMR{I) YSURED

DechionOne Corporolbn

CHICAGO. IL 75370 P.O.8OX 75370

COUPANY

0

Cornpuler Software - E m & Ornkslma American InkmaLonat Spcciaky Llner ins. Co. Pollcy No. 279-8&10

L1mltf5,Wo.000 Each t k i m Policy T e n : 9/3012002-9130/2003

S5.000.000 Aggregate

Crlme I n s w a m : Nallonal Unbn Flre Inr. Co. P o k y H a . 5691703

Urnlt; $7,500,000 P o k y Term: B/30(02-9~Q103

f

Atln: Chrn Rutier 701 Owan Street Sanm Crur. CA 95060

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