sb 163 wraparound services - kern county, ca · the aggregate amount of monetary compensation for...

Request for Proposal

SB 163 WRAPAROUND SERVICES

Kern County Department of Human Services 100 East California Avenue

Bakersfield, CA 93307

Issuance Date: May 15, 2006 Proposal Due Date: June 15, 2006

Time: Before 4:00 pm) (Proposals will be date and time stamped.)

COUNTY OF KERN

DEPARTMENT OF HUMAN SERVICES

REQUEST FOR PROPOSAL

SB 163 Wraparound Services

The County of Kern is seeking providers for SB 163 Wraparound Services. Proposers are specifically directed not to contact any County personnel, other than the Contact Person indicated below, for any purpose related to this RFP. Unauthorized contact of any County personnel may be cause for rejection of a vendor’s proposal. All inquiries concerning this RFP should be directed to the following Contact Person: Cheryl L. Ripley Department of Human Services Administration Office 100 East California Avenue Bakersfield, CA 93307 Telephone (661) 631-6128 or 631-6691 FAX (661) 631-6020 Envelopes containing the proposals are to be marked: “PROPOSAL: SB163 Wraparound Services” Listed below are the milestones for this project (all dates are subject to revision): Issuance of RFP May 15, 2006 Pre-Proposal Meeting May 31, 2006 Proposal Due Date: June 15, 2006 Proposal Due Time: Before 4:00 p.m. Postmark date will not constitute timely delivery. Responses received after the above time will not be considered. Proposers are solely responsible for ensuring timely submission of their proposal. RECEIVED BY PROPOSER: Please sign, date, and return this cover sheet with your proposal. By: (Signature) (Name and Title)

Date:

TABLE OF CONTENTS

I. PROGRAM INFORMATION A. Project Background 1 B. Project Description 5

II. PROPOSED SERVICES A. Services Requested 7 B. Program Considerations 8

III. PROPOSAL INFORMATION AND REQUIREMENTS

A. General Instructions 9 B. Business Address 9 C. Corrections and Addenda 9 D. Proposal Format and Contents 10 E. Insurance Requirements 12 F. Pre-Proposal Meeting 12 G. Proposal Submission 12 H. Withdrawal and Submission of Modified Proposal 13 I. Disposition of Proposals and Proprietary Data 13

IV. SELECTION PROCESS A. Evaluation Committee 15 B. Evaluation Criteria 15 C. Protest 16 D. Solicitation Caveat 16 E. Time 16 F. Form of Consultant Service Agreement 16 G. Modifications to Scope of Work 17 H. News Release 17 I. Patents, Copyrights, Trademarks and other Proprietary Rights 17 J. Payment Schedule 17 K. Statutes and Rules 17

ATTACHMENTS: A. Phases and Activities of the Wraparound Process A-1 B. Cover Letter and Statement of Intent B-1 C. Scope of Work Format C-1 D. Sample Agreement D-1

SECTION I

PROGRAM INFORMATION

Government Code Sections 31000 and 50360 permit the Kern County Board of Supervisors to contract for the furnishing of special services with individuals specially trained, experienced, and competent to perform those services The DEPARTMENT, through the Request for Proposal (RFP) process, shall select a Proposer, or Proposers, by reason of qualifications, experience, and facilities for providing the type of service herein contemplated. The DEPARTMENT shall negotiate an agreement (contract) with the selected Proposer or Proposers for fiscal year 2006-2007. Through mutual desire by both DEPARTMENT and Proposer(s), the agreement(s) may be re-negotiated for fiscal years 2007-2008 and 2008-2009. The aggregate amount of monetary compensation for the SB 163 Wraparound Services project shall not exceed Two Million One Hundred Sixty Thousand dollars ($2,160,000) during fiscal year 2006-2007. A. PROJECT BACKGROUND California’s Wraparound Program (SB 163, Chapter 795, Statutes of 1997) began as a pilot program in sixteen counties. In 2001, Wraparound became a permanent program. The philosophy of wraparound services matches the core values of the Child Welfare Services System Improvement. They are a family-centered, community-oriented, culturally sensitive, strength-based, individualized alternative to sending foster children to, or keeping them in, group home placements. The ultimate goal of wraparound is to keep children with their birth families, with relative caretakers or foster families, by providing intensive, comprehensive, integrated and creative treatment, intervention and support services. The Wraparound model of service provision involves a family-centered, strength based, needs driven planning process. Families actively participate in identifying what their strengths and needs are, with parents and youth being viewed as full partners throughout the entire process. Individualized services and supports are then developed and provided to meet each of the family’s identified needs. This model involves a paradigm shift away from traditional service delivery systems which are professionally driven and focus on family deficits and de-emphasize strengths. SB 163 allows counties to use existing State foster care dollars for children in or at risk of being placed in RCL 10 –14 group home facilities, so that eligible children and families will be able to receive a broader array of service alternatives. The cost reimbursement rate for children will be Four Thousand Five Hundred dollars ($4,500) per month. Funds will be paid based on the number of slots filled each month, prorated as necessary. The County of Kern will not be liable for actual expenses that exceed the contract amount. Wraparound RFP2006.doc:5-8-06:cr 1

So that SB 163 funds can be maximized, Wraparound services should fully utilize the continuum of services within the existing service delivery system. These services are widely available and supported by funding streams that include, but are not limited to the following: Adoptions Assistance Program, MediCal, Early And Periodic Screening Diagnosis and Treatment (EPSDT), Kinship Support Services, Tobacco Settlement funds, Child Abuse Prevention, and Promoting Safe and Stable Families funding. 1. Definitions AB 1801 –Assembly Bill (AB) Statutes of 1995, amendment to Section 18986.46 of the Welfare and Institutions Code, expands confidentiality rules to include interagency teams in ways that accommodate the “wraparound” process.

AB 3632/2726 –AB Chapter 654, Statutes of 1997 amends Sections 7567 and 7587 of the Government Code relating to public social services. This bill establishes procedures governing referrals of pupils to community mental health services and the responsibilities of those entities. Special Multi-Agency Resource Team (SMART) and SMART Sub-committee: Provides administrative oversight for the Wraparound contractor. The SMART will consist of administrators from the Kern County Departments of Human Services, Public Health, Mental Health and Probation as well as the Kern County Superintendent of Schools Office. The SMART will be responsible for monitoring the Wraparound process to ensure compliance with agreed upon services, policies and procedures. The SMART sub-committee will utilize established eligibility criteria to determine which children and families will be eligible for Wraparound Services. SMART sub-committee membership will be comprised of: representatives of the SMART, contractor, parents and youth. Adoption Assistance Program (AAP) –Provides financial assistance, including help with medical care, to families that adopt children who would otherwise remain in long-term foster care (WIC Section 16121). AAP funds are child specific and may not be used to provide services to other Wraparound children.

Best Practice Principles –Underlying principles inherent in the Wraparound “family centered model” include:

Ensuring the provision of community-based services and supports. Making a commitment to the provision of least restrictive services. Ensuring family-centeredness by partnering with families. Embracing consumer driven services by ensuring access and voice for parents and

children in the design, delivery, and evaluation of services. Building on family and child strengths in developing response. Ensuring comprehensive life-domain needs assessment and planning. Individualizing services and supports to the unique needs of each child and family. Ensuring the provision of culturally relevant/competent services by tailoring response

to family culture, values, norms, strengths, and preferences. Building on the use of naturally occurring community and family supports and

resources. Ensuring flexibility in location, time, planning, service response, and funding. Making a commitment to unconditional service planning and provision. The child and

family are not dropped from the program when problems are encountered. The service plan is changed to meet the needs of the new situation.

Wraparound RFP2006.doc:5-8-06:cr 2

Ensuring service planning is child and family team-based, and inclusive of natural/informal support persons.

Establishing community wide involvement in service design and system evolution, including parents, mental health, juvenile justice, education, social welfare, and cultural stakeholders in the community.

Ensuring measurable accountability and outcomes driven individualized service plans. Child and Family Teams – Responsible for identifying an inventory of family strengths, conducting a comprehensive needs assessment and developing an individualized plan. Children’s System of Care (CSOC) – A system of mental health care that provides comprehensive coordinated care for children with serious emotional and behavioral disturbances. Community-based – Children and families will receive formal and informal support and services in the community where they live. This will enable them to live, learn and grow safely, competently and productively in their families, neighborhoods and natural environment. Cost Effectiveness – Achieving the desired goal with minimum expenditures. Cultural Relevance (Competency) – The acceptance and understanding of cultural mores and their possible influence on the client’s issues and/or behavior. Appreciate and understand the differences and use this knowledge to develop individualized supports and services. Family-centered – The needs of children are addressed in the context of their families. Parents or other persons who are the primary or natural care givers for the children participate in all aspects of the development and implementation of the plan of support and services, to the degree they are able and to the extent permitted by any outstanding orders of the court. Family Setting/Types – Any family setting where there is a relative or caregiver interested in strength based services and willing to work toward permanency. This could include parents, relative placements, guardianships, and foster homes. Individualized Service Plan – Flexible, creative approach to treatment planning based on assessment of needs, resources and family strengths. Formal and informal supports and services will be used to meet the unique needs of each child and family. Needs driven – Services are determined through the formal and/or informal assessment of family needs. Family expression of needs is a valuable component in this process. Outcome-based – A system to measure the effectiveness and efficiency of the Wraparound services and supports being provided must be developed during the contractor’s initial planning process and implemented on day one of the contract. Measurable change in the outcomes of the target population will be used as a mechanism for continuous quality improvement and contract renewal. SED –Seriously Emotionally Disturbed as defined in Welfare and Institutions Code 5600.3, Subsection (a), AB 2726, and/or The Individuals with Disabilities Education Act (IDEA). Strengths based –The process of developing a service plan begins with an assessment of the strengths of all the family members and other individuals involved with the family team. The Wraparound RFP2006.doc:5-8-06:cr 3

plan emphasizes the strengths of the family rather than their problems and deficits. It evaluates and utilizes family strengths in the individualized planning process. This is a departure from the professional driven service delivery system which focuses on family deficits and de-emphasizes strengths. Support Systems:

Informal/Natural – Familial and/or community based options, activities, or opportunities (e.g. churches, scouting organizations, parks and recreation, etc.).

Formal/Professional – Traditional social service options determined by professionals (e.g. counseling, psychological evaluations, parenting classes, and anger management classes).

Target Geographic Area – Services will be provided throughout the County of Kern. Multiple awardees will be considered to meet the needs of multiple geographic areas. Target Population –Children considered eligible for Wraparound would meet all of the following criteria:

California Welfare and Institutions Codes (WIC) 300, 600, or AB 3632/2726, and/or Adoption Assistance Program eligible.

Under the age of 19 and willing to participate in Wraparound services. Placed in or at-risk of placement in a RCL 10 – 14 group home as determined by the

SMART. Note: services funded under this proposal will focus initially only on those children placed in, or at-risk of placement in a RCL 12 – 14 group home. The program will be evaluated by COUNTY and the target population may be expanded, at a date to be determined by COUNTY, to children currently residing in, or at risk of being placed in a group home licensed at the RCL of 10 through 11.

Have an approved or potential place to reside in the community with a parent/guardian, relative caregiver, or foster parent who has agreed to participate in Wraparound services.

Exhibit one or more of the following, but not limited to:

Frequent running away

Substance use disorder

Fire Starter Sexualized behavior

Multiple placements Minor criminal behavior

Oppositional/defiant behavior

Aggressive/assaultive behavior

Mild developmental disorder and recognized by a Regional Center

Posttraumatic stress disorder

Beyond control of parents and/or primary care adults

Self-injurious behavior

School truancy problems

One or more hospitalizations in a Mental Health Facility.

Previously certified and approved for RCL 12-14 placement by the Kern County Mental Health System of Care

Intensified services have been provided to the child.

Note: SED children may not be excluded due to medical disorder/treatment needs (per WIC 5600) which complicate placement at lowest level of care.


WIC 5150 –When any person as a result of mental disorder, is a danger to others, or to himself or herself or gravely disabled, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may, upon probable cause, take or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health facility for 72-hour treatment and evaluation. WIC 5585 –This part shall be known as the Children’s Civil Commitment and Mental Health Treatment Act of 1988.

Wraparound Services Process –A family-centered, strengths-based, needs-driven planning process for creating individualized services and supports for children, youth, and their families. This process facilitates access to natural, professional, and community based options, activities, and opportunities. Allows children to return to or continue living in a family setting rather than in a RCL 10 – 14 group home. (Phases and Activities of the Wraparound Process, Attachment “A”)

B. PROJECT DESCRIPTION

1. The contractor selected through this RFP process must develop, provide, and case manage all service activities in a manner consistent with the Wraparound philosophy. Service examples include: shadowing, skill building strategies, home based services, aftercare services, independent living skills services, and any other services required to meet the family’s needs.) The contractor shall be responsible for ensuring community based intervention, including the delivery of highly coordinated, highly individualized, unconditional services to address the needs and achieve positive outcomes in the life of the child and his/her family.

2. The COUNTY, in conjunction with the SMART, will provide administrative oversight. A

true partnership between the County agencies, community, families and the contractor will be required to achieve the goals of Wraparound service provision. The overall objective of the Wraparound process is to deliver enough strength and needs based services to maintain children with complex needs in family like settings through the efficient and effective use of existing funds.

3. Basic philosophical elements of the Wraparound process include:

a. Wraparound is a community-based effort. It is not a program, but rather a

philosophical way of providing services.

b. Individualized supports and services must be developed to meet the needs of each child and family. Supports and services will be strength-based, child and family centered, and needs driven.

c. Professionals and non-professionals will provide formal and informal supports and services.

d. Cultural relevance/competencies must be based on the values, strengths, social and racial make-up of the children and families served.

e. Parents and youth must be included at every level of the process. Wraparound RFP2006.doc:5-8-06:cr 5

f. Wraparound must be implemented on an inter-agency basis and owned by the

community.

g. As the needs of the child and family change, the services must be changed along with them. Services are unconditional. The child and family are not dropped from the program when problems are encountered.

h. Using funds in a creative, flexible, needs driven manner.

i. Outcomes must be measured.


SECTION II PROPOSED SERVICES

A. SERVICES REQUESTED

1. Wraparound services must be provided countywide or as individual contract(s) specifies. The term of the initial agreement for services shall be September 1, 2006 through August 31, 2007. The service agreement may be extended at the County of Kern’s option, for up to two (2) twelve-month periods, if such extension is agreed upon by both parties.

2. Forty (40) service slots are currently available; slots may be increased as determined by

the County and approved by the California Department of Social Services. Adoption placements (slots) will also be available.

3. Wraparound services must be fully integrated with Kern County Mental Health and its

contractors providing intensive mental health treatment.

4. Wraparound services must be available to clients 24 hours per day, 7 days per week, 365 days per year.

5. Services and supports shall be provided in the client’s home, neighborhoods, schools, etc.

6. Contractor shall as of September 1, 2006:

a. Be responsible for coordinating, selecting and convening the Child and Family

Teams.

b. Facilitate the planning process (individualized, family-centered, strength-based, and needs driven).

c. Secure services from a network of providers and completing appropriate service

authorizations and agreements.

d. Provide intensive case management.

e. Coordinate with County agency staff, the courts, community members, families and the schools.

f. Develop, coordinate, and provide formal and informal supports and services (home-

based and community-based, provided by professionals and non-professionals).

g. Develop, monitor and adhere to individual service plan budgets.

h. Facilitate extensive community resource development.


i. Develop parent advocacy and support network.

j. Provide in-person services and management on a 24/7 basis.

k. Work in close partnership with all county agencies, including the Department of

Human Services, Department of Mental Health, Department of Probation, Department of Public Health, and others.

l. Employ and train sufficient staffing to achieve the Wraparound objectives. m. Assess and monitor child, family, and community safety.

n. Provide aftercare services that include informal and formal supports for youth and

their families that complete Wrap services, for a period not to exceed eighteen (18) months as approved by the SMART Committee. This can include serving youth beyond the age of eighteen (18) years of age.

o. Measure outcomes consistent with SB 163 requirements.

p. Provide reports to document outcomes as required by Kern County Department of

Human Services.

q. Utilize a “no reject, no eject” philosophy consistent with the best practice principles described in Section I, Article A, Item 1 Definitions.

B. PROGRAM CONSIDERATIONS

1. MediCal funded mental health services must be accessed via existing Kern County providers. MediCal reimbursement will not be available for agencies that are not current MediCal contractors with the County. Kern County providers utilize strengths based practices and will receive training on the Wraparound philosophy, goals, and objectives, and will be required to fully support SB 163 Wraparound services.

2. Multi-Disciplinary Team (MDT’s) including professionals/para-professionals may affect

all aspects of the Wraparound process. Be sure to consider this when writing proposals.

3. The prospective Contractor must demonstrate knowledge of the community and relationships with community organizations.

4. The prospective Contractor must identify the geographical area(s) where services are to

be provided.


SECTION III

PROPOSAL INFORMATION AND REQUIREMENTS

A. General Instructions

To receive consideration, Proposals shall be made in accordance with the following general instructions: 1. The signature of all persons signing the Proposal shall be in longhand. The

completed Proposal shall be without alterations or erasures. Errors may be crossed out and corrections printed in ink or typed adjacent, and must be initialed in ink by the person signing the Proposal.

2. No oral, telephonic, telegraphic, electronic or faxed Proposals will be considered. 3. The submission of a Proposal shall be an indication that the Proposer has

investigated and satisfied him/herself as to the conditions to be encountered, the character, quality and scope of the work to be performed, and the requirements of the Department of Human Services.

4. All Proposals shall remain firm for one hundred eighty (180) days following the

closing date for receipt of Proposals. B. Business Address

Proposer shall furnish their business street address. Any communications directed either to the address so given or to the address listed on the sealed Proposal container, and deposited in the U.S. Postal Service by Certified Mail, shall constitute a legal service thereof upon the Proposer.

C. Corrections and Addenda

If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Proposer shall immediately notify the Contact Person of such error in writing and request clarification or modification of the document. Modifications will be made by addenda as indicated below to all parties in receipt of this RFP.

If a Proposer fails to notify the Contact Person prior to the date fixed for submission of Proposals of a known error in the RFP, or an error that reasonably should have been known, the Proposer shall submit a Proposal at their own risk, and if the Proposer is awarded a contract they shall not be entitled to additional compensation or time by reason of the error or its subsequent correction.

Addenda issued by the County interpreting or changing any of the items in this RFP, including all modifications thereof, shall be incorporated in the Proposal. The Proposer shall sign and date the Addenda Cover Sheet and submit same with the Proposal (or deliver them to the Director of the Department of Human Services, 100 E. California Avenue, Bakersfield, CA 93307, if the Proposer has previously submitted a Proposal to


the Department). Any oral communication by the County’s designated Contact Person or any other County staff member concerning this RFP is not binding on the County and shall in no way modify this RFP or the obligations of the County or any Proposers.

D. Proposal Format and Contents

The Proposal should be prepared simply and economically, providing a clear and concise description of the proposed project and the Proposer’s ability to satisfy the requirements of this RFP. Fancy bindings, colored displays, and promotional materials are unnecessary. Credit will not be given for capabilities or advantages that are not clearly documented in the written Proposal. Each Proposer must submit an original Proposal and four (4) copies, one of which must be single-sided and in an unbound format suitable for copying. For ease of review and to facilitate evaluation, the Proposals for this project should be organized and presented in the order requested as follows:

1. Cover Page and Statement of Intent: Each Proposal must include an original signed “Cover Letter and Statement of

Intent” (Attachment “B”, hereto) and must be submitted in the legal entity name of the Proposer. The Proposal must be signed by the Proposer or an authorized corporate officer or agent of the Proposer. Signature facsimile stamps will not be accepted.

2. Body of Proposal Proposals must address the sections in the order indicated below:

a. Abstract

A one (1) or two (2) page summary of the Proposal that will include a brief synopsis of the Proposer’s understanding of SB 163 Wrap Services, the needs of the target population and how the Proposer can meet these needs. Please do not use jargon and/or technical terms unless absolutely necessary. (Please define any unusual terminology.) Provide specific information concerning the firm in this section, including the legal name, address and telephone number of your company and the type of entity (sole proprietorship, partnership, or corporation and whether public or private). Include the name and telephone number of the person(s) in your company authorized to execute the proposed contract. If two or more firms are involved in a joint venture or association, the Proposal must clearly delineate the respective areas of authority and responsibility of each party. All parties signing the Agreement with the County must be individually liable for the completion of the entire project even when the areas of responsibility under the terms of the joint venture or association are limited. b. Explanation of assumptions and constraints.


c. Detailed plan of activities.

Provide an outline of the phases and activities of the Wraparound Process to be preformed/provided utilizing the Scope of Work format, Attachment “C”. The activities should include enrichment activities, parent partner support, respite, and purchase of services or items necessary to meet the goals of the service plan as identified in the Scope of Work.

3. Organizational Information

The following team information should be provided in this section:

a. Name and location of offices where the project is to be performed.

b. Total personnel, by discipline, of the team.

c. A table of organization for the team which identifies the following personnel, if applicable:

1) Project Manager 2) Other Key Personnel. 3) Support Staff.

d. Resumes for project principals which reflect their experience in this type

of project with experience clearly delineated.

e. List consultant firms that you plan to use for this project and their experience in this type of project.

A consultant need not be listed as personnel on the work team listed above. However, Proposers are advised that expertise must be clearly and specifically listed. County will consider contractual agreements that involve the Proposer’s use of subcontractors. List all subcontractors you plan to use for this project and their relevant experience. Such subcontractors will be acting as independent contractors and not as agents of the County.

f. Parent Partners are considered an integral participant in the success of

these type of activities.

4. Qualifications and Experience:

Provide specific information in this section concerning the firm's experience providing Wraparound and/or treatment services to high-risk youth and their families, as specified in this RFP, preferably within the State of California. Data regarding the outcomes of those services provided shall be submitted.

Provide names, addresses, and telephone numbers of contact persons within client agencies for whom similar services have been provided.


5. Cost of Service:

The Proposal shall clearly state all of the costs associated with the project, broken down by category of products and services, and all on-going costs for recommended/required products/services such as maintenance. The project costs should include all expenses that will be charged to the County including but not limited to costs for administration, personnel, supplies, emergency funds for Wraparound youth/families, sub-contract services for families, insurance, communications, documentation reproduction, travel, taxes, etc. Failure to not clearly identify all costs associated with the Proposal may be cause for rejection of the Consultant’s Proposal.

E. Insurance Requirements

The selected Proposer will be required to obtain, as a condition of the award of a contract, and the Proposal shall state that the Proposer will obtain the insurance as required in the attached sample agreement. All insurance shall be issued by a company or companies admitted to do business in California and listed the current “Best’s Key Rating Guide” publication with a minimum of a “A-;VII” rating; or in special circumstances, as pre-approved by the Risk Management Division of the Office of County Counsel. The selected Proposer shall file with the Contact Person a Certificate(s) of Insurance stating the required coverages are in effect.

F. Pre-Proposal Meeting

A Pre-Proposal meeting has been set for May 31, 2006 at 10:30 a.m. The meeting will be held in the Room 100 at the Kern County Department of Human Services building at 100 E. California Avenue, Bakersfield, CA 93307. The purpose of the conference is to permit Proposers an opportunity to ask questions and/or provide feedback to County staff on specifics of this RFP. While some input obtained at the meeting may be incorporated into the RFP via addenda, remarks and explanations made at the meeting may not necessarily change the provisions of the final RFP. The provisions of the final RFP are binding regardless of remarks or explanations made at the meeting. All interested parties who may have questions are urged to attend.

G. Proposal Submission

The Proposer shall submit five (5) copies of the Proposal and, if possible, one (1) copy on computer disk. The disk must be a standard IBM compatible format readable by the County; using word processing software that is Windows-based, preferably Microsoft Word. Please submit all Proposals to:

Kern County Department of Human Services Contracts Unit 100 East California Avenue Bakersfield, CA 93307


Proposals may be delivered in person, by courier service or by mail to the address indicated above. ALL PROPOSALS MUST BE SEALED AND RECEIVED BEFORE 4:00 PM ON JUNE 15, 2006, at the above office and address. Proposals submitted after the above deadline will not be accepted. It is strongly suggested that any Proposers intending to hand deliver a Proposal on the last day for submission arrive at the Department of Human Services Administrative Office at least ten (10) minutes prior to the proposal receipt deadline to receive a “test” time stamp to validate the official current time. The time stamp clock in the Department of Human Services Administrative Office will be the official time. ANY PROPOSAL RECEIVED AT OR AFTER 4:00 P.M. WILL BE RETURNED UNOPENED. Only one (1) Proposal may be submitted from each Proposer. For purposes of this RFP, a Proposer is defined to include a parent corporation of the Proposer and any other subsidiary of that parent corporation. If a Proposer submits more than one (1) Proposal, all Proposals from that Proposer shall be rejected.

H. Withdrawal and Submission of Modified Proposal

A Proposer may withdraw a Proposal at any time prior to the submission deadline by submitting a written notification of withdrawal signed by the Proposer, or his/her authorized agent. The Proposer must, in person, retrieve the entire sealed submission package. Another Proposal may be submitted prior to the deadline. A Proposal may not be changed after the designated deadline for submission of Proposals.

I. Disposition of Proposals and Proprietary Data

All materials submitted in response to this RFP become the property of the County. Any and all Proposals received by the County shall be subject to public disclosure and inspection, except to the extent the Proposer designates trade secrets or other proprietary data to be confidential, after the Evaluation Committee has completed its deliberative process and either the Proposer has been informed that they are not the vendor selected by the Evaluation Committee for recommendation to the Board of Supervisors, or the matter has been set for consideration before the Board of Supervisors, whichever comes first. Material designated as proprietary or confidential shall accompany the Proposal and each page shall be clearly marked and readily separable from the Proposal in order to facilitate public inspection of the non-confidential portion of the Proposal. Prices, makes and models or catalog numbers of the items offered, deliverables, and terms of payment shall be publicly available regardless of any designation to the contrary. The County will endeavor to restrict distribution of material designated as confidential or proprietary to only those individuals involved in the review and analysis of the Proposals. Proposers are cautioned that materials designated as confidential may nevertheless be subject to disclosure. Proposers are advised that the County does not wish to receive confidential or proprietary information and that Proposers are not to supply such information except when it is absolutely necessary. If any information or materials in any Proposal submitted is labeled confidential or proprietary, the Proposal shall include the following clause:

(legal name of Proposer) shall indemnify, defend and hold harmless the County of Kern, its officers, agents and employees from and against any request, action or proceeding of any nature and any damages or liability of


any nature, specifically including attorneys' fees awarded under the California Public Records Act (Government Code §6250 et seq.) arising out of, concerning or in any way involving any materials or information in this Proposal that (legal name of Proposer) has labeled as confidential, proprietary or otherwise not subject to disclosure as a public record.


SECTION IV

SELECTION PROCESS

A. Evaluation Committee

All Proposals meeting the requirements in Section III, above, and received by the specified deadline will be reviewed by the Evaluation Committee for content, related experience, professional qualifications, and costs proposed by the Proposers. Interviews of these selected firms may be conducted as part of the final selection process. After initial screening, the Evaluation Committee may select those Proposers deemed most qualified for this project for further evaluation. Interviews of these selected Proposers may be conducted as part of the final selection process. Proposers are advised that the County of Kern, at its option, may award a contract strictly on the basis of the initial proposals. The Proposer selected by the Evaluation Committee will be recommended to the Board of Supervisors for this project, but the Board is not bound to accept the recommendation or award the project to the recommended Proposer.

B. Evaluation Criteria 1. The following criteria will be used by the Evaluation Committee in determining its

recommendation to the Board of Supervisors:

a. History of providing similar services (e.g. Client centered Service Delivery, Provision of Community Based Services, and intense Multi-layered Collaboration). 15%

b. Administrative Capacity. 5% c. Program Services and strategies. 25% d. AB 163 Wraparound Philosophy. 15%

e. Appropriateness of Facility (e.g. located within the target geographic area, proximity to mass transit, and layout of facility). 5%

f. Ability to serve proposed population. 10%

g. Cost/Budget Narrative 5%

h. Staffing 15%

i. Staff Training 5%

2. The County of Kern reserves the right to reject any and all Proposals and to

waive informalities and minor irregularities in any Proposals received. Absence of required information may render a Proposal non-responsive, resulting in rejection of the Proposal by the County of Kern.


3. The County of Kern may, during the evaluation process, request from any

Proposer additional information, which the County of Kern deems necessary to determine the Proposer’s ability to perform the required services. If such information is requested, the Proposer shall be permitted five (5) working days to submit the information requested.

4. The County of Kern reserves the right to select the Proposal, which in its sole

judgment, best meets the needs of the County of Kern. The lowest proposed cost is not the sole criterion for recommending a contract award.

5. County of Kern employees will not participate in the selection process when

those employees have a relationship with a person or business entity submitting a Proposal, which would subject those employees to the prohibition of Section 87100 of the Government Code. Any person or business entity submitting a Proposal who has such a relationship with a County of Kern employee who may be involved in the selection process shall advise the County of Kern of the name of the respective employee within the Proposal.

6. Any person or business entity which engages in practices which might result in

unlawful activity relating to the selection process including, but not limited to, kickbacks or other unlawful consideration paid to County of Kern employees, will be disqualified from the selection process.

C. Protest

Protest procedures are posted at http: www.co.kern.ca.us/cao/policy/05.pdf .

D. Solicitation Caveat

The issuance of this RFP does not constitute an award commitment on the part of the County of Kern or the Department of Human Services; nor shall the County of Kern or Department of Human Services pay for costs incurred in the preparation or submission of Proposals. Pre-award expenses shall not be considered.

E. Time

Time and the time limits stated in this RFP are the essence of this Request for Proposal.

F. Form of Proposer Services Agreement

No agreement with the Department of Human Services shall be deemed in effect until a contract has been signed by all parties. Attached to this RFP (Attachment “D”) is a sample agreement, which is substantially in the form the successful Proposer will be expected to sign. The final agreement may include the contents of the RFP, any addenda to this RFP, the successful Proposer’s Proposal, and any other modifications determined by the Department of Human Services to be necessary prior to its execution by the parties. The sample agreement is included in this RFP for informational purposes and should not be signed or returned with a Proposal.


http://www.co.kern.ca.us/cao/policy/05.pdf

G. Modifications to Scope of Work

In the event that sufficient funds do not become available to complete each task in the scope of work, the scope may be amended, based upon the cost breakdown required in the Proposal. The Department of Human Services may also, from time-to-time, request changes in the services to be provided by the successful Proposer. Such changes, including any increase or decrease in compensation, which are mutually agreed upon by and between the Department of Human Services and the successful Proposer, shall be incorporated in written amendments to the agreement.

H. News Release

News releases pertaining to any award resulting from this RFP may not be made without prior written approval of the Kern County Department of Human Services.

I. Patents, Copyrights, Trademarks and Other Proprietary Rights

All original designs, plans, reports, software, documentation and other informational materials, whether written or readable by machine, originated and prepared exclusively for the Department of Human Services pursuant to any contract is “work made for hire” under the United States copyright law and shall become the sole property of the Department of Human Services. The selected Proposer shall not assert any common law or statutory patent, copyright, trademark, or any other proprietary right to said design, plans, reports, software, documentation or other informational materials.

J. Payment Schedule

All payments associated with any contract will be made based upon the successful completion and acceptance by the Department of Human Services. Pre-award expenses shall not be allowed, no exceptions.

K. Statutes and Rules

The terms and conditions of this RFP, and the resulting consulting services and activities based upon this RFP, shall conform to all applicable statutes, rules and regulations of the federal government, the State of California and the County of Kern.


Phases and activities of the wraparound process 1 Attachment “A”

A Product of the National Wraparound Initiative – October 10, 2004 version

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Phases and Activities of the Wraparound Process

Janet S. Walker Eric J.Bruns

John D. VanDenBerg Jim Rast

Trina W. Osher Nancy Koroloff

Pat Miles Jane Adams

And the National Wraparound Initiative Advisory Group

October 10, 2004

Suggested citation: Walker, J.S., Bruns, E.J., VanDenBerg, J.D., Rast, J., Osher, T.W., Miles, P., Adams, J., & National Wraparound Initiative Advisory Group (2004). Phases and activities of the wraparound process. Portland, OR: National Wraparound Initiative, Research and Training Center on Family Support and Children’s Mental Health, Portland State University. Acknowledgments: The work of the National Wraparound Initiative has received support from several sources, including ORC Macro, Inc.; the Child, Adolescent, and Family Branch of the Center for Mental Health Services, Substance Abuse and Mental Health Services Administration; the Center for Medical and Medicaid Services (award no. 11-P-92001/3-01); the Maryland Department of Juvenile Services and Governor’s Office of Crime Control and Prevention; and the National Technical Assistance Partnership for Child and Family Mental Health.



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The table presented here represents the results of a research project intended to clarify the types of activities that must be included in a full wraparound process. It is one component among a set of materials produced by the National Wraparound Initiative, a project with a goal to clearly operationalize and define this important and innovative model for working with families. The National Wraparound Initiative materials also include a description of the principles of wraparound, a description of the organizational and system conditions needed to support a high-quality wraparound process, and a glossary of terms. Some of the documents still being completed include youth, family, and team member handbooks, fidelity measures, and a compilation of tools and procedures to support the process described here. This multi-dimensional description of the wraparound process is the result of an extended process of compiling materials, synthesizing them, and getting quantitative and qualitative feedback from the initiative’s Advisory Group.

To create the current document on the activities of the wraparound process, descriptions of wraparound models were compiled from training manuals, monographs, operating procedures of successful wraparound programs, and interviews with wraparound trainers, family members, and family advocates. We created an initial description of the phases and activities and received in-depth feedback from 10 wraparound innovators and prominent family advocates . A revision was then presented to approximately 45 Advisory Group members nationally. Their quantitative feedback was obtained using a Delphi process that asked (1) whether the activities presented were “essential,” “optional,” or “inadvisable;” and (2) whether the wording of the activities was “fine,” “so-so,” or “unacceptable.” Their qualitative feedback included specific suggestions for revising content and wording. An extensive revision based on the quantitative and qualitative feedback was then undertaken.

The resulting “Phases and Activities of the Wraparound Process” focuses on what needs to happen in wraparound; however, how the work is accomplished is equally important. Merely accomplishing the tasks is insufficient unless this work is done in a manner consistent with the 10 principles of wraparound. In addition, future work from the National Wraparound Initiative will provide more detailed information about team member skills that are necessary for the wraparound process, as well as descriptions of specific procedures, templates, and other tools that can be used to complete the activities described here. Finally, it should be stressed that even the basic description presented here remains a “living document” that will be updated based on pilot testing and feedback from an even broader audience of reviewers than has participated thus far.




Acknowledgments

We would like to thank the following Advisory Group members for contributing materials to this product and for participating in interviews and the Delphi process through which we received feedback on initial drafts.

A. Michael Booth Beth Larson-Steckler Bill Reay Carl Schick Carol Schneider Christina Breault Christine S. Davis Collette Lueck Connie Burgess Constance Conklin David Osher Dawn Hensley Don Koenig Eleanor D. Castillo Frank Rider Gayle Wiler Holly Echo-Hawk Solie Jane Adams

Jane Kallal Jennifer Crawford Jennifer Taub Jim Rast John Burchard John Franz John VanDenBerg Josie Bejarano Julie Becker Julie Radlauer Kelly Pipkins Knute Rotto Kristen Leverentz-Brady Lucille Eber Lyn Farr Marcia Hille Marcus Small Mareasa Isaacs

Maria Elena Villar Marlene Matarese Mary Grealish Mary Jo Meyers Mary Stone Smith Michael Epstein Michael Taylor Neil Brown Norma Holt Pat Miles Patti Derr Robin El-Amin Rosalyn Bertram Ruth A. Gammon Ruth Almen Theresa Rea Trina W. Osher Vera Pina

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Some notes: • The activities below identify a facilitator as responsible for guiding, motivating, or undertaking the various activities.

This is not meant to imply that a single person must facilitate all of the activities, and we have not tried to specify exactly who should be responsible for each activity. The various activities may be split up among a number of different people. For example, on many teams, a parent partner or advocate takes responsibility for some activities associated with family and youth engagement, while a care coordinator is responsible for other activities. On other teams, a care coordinator takes on most of the facilitation activities with specific tasks or responsibilities taken on by a parent, youth, and/or other team members. In addition, facilitation of wraparound team work may transition between individuals over time, such as from a care coordinator to a parent, family member, or other natural support person, during the course of a wraparound process.

• The families participating in wraparound, like American families more generally, are diverse in terms of their structure and composition. Families may be a single biological or adoptive parent and child or youth, or may include grandparents and other extended family members as part of the central family group. If the court has assigned custody of the child or youth to some public agency (e.g., child protective services or juvenile justice), the caregiver in the permanency setting and/or another person designated by that agency (e.g. foster parent, social worker, probation officer) takes on some or all of the roles and responsibilities of a parent for that child and shares in selecting the team and prioritizing objectives and options. As youth become more mature and independent, they begin to make more of their own decisions, including inviting members to join the team and guiding aspects of the wraparound process.

• The use of numbering for the phases and activities described below is not meant to imply that the activities must invariably be carried out in a specific order, or that one activity or phase must be finished before another can be started. Instead, the numbering and ordering is meant to convey an overall flow of activity and attention. For example, focus on transition activities is most apparent during the latter portions of the wraparound process; however, attention to transition issues begins with the earliest activities in a wraparound process.

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Phases and Activities of the Wraparound Process: Phase 1

MAJOR TASKS/Goals ACTIVITIES NOTES PHASE 1: Engagement and team preparation During this phase, the groundwork for trust and shared vision among the family and wraparound team members is established, so people are prepared to come to meetings and collaborate. During this phase, the tone is set for teamwork and team interactions that are consistent with the wraparound principles, particularly through the initial conversations about strengths, needs, and culture. In addition, this phase provides an opportunity to begin to shift the family’s orientation to one in which they understand they are an integral part of the process and their preferences are prioritized. The activities of this phase should be completed relatively quickly (within 1-2 weeks if possible), so that the team can begin meeting and establish ownership of the process as quickly as possible.

1.1 a. Orient the family and youth to wraparound In face-to-face conversations, the facilitator explains the wraparound philosophy and process to family members and describes who will be involved and the nature of family and youth/child participation. Facilitator answers questions and addresses concerns. Facilitator describes alternatives to wraparound and asks family and youth if they choose to participate in wraparound. Facilitator describes types of supports available to family and youth as they participate on teams (e.g., family/youth may want coaching so they can feel more comfortable and/or effective in partnering with other team members).

This orientation to wraparound should be brief and clear, and should avoid the use of jargon, so as not to overwhelm family members. At this stage, the focus is on providing enough information so that the family and youth can make an informed choice regarding participation in the wraparound process. For some families, alternatives to wraparound may be very limited and/or non-participation in wraparound may bring negative consequences (as when wraparound is court ordered); however, this does not prevent families/youth from making an informed choice to participate based on knowledge of the alternatives and/or the consequences of non-participation.

1.1. Orient the family and youth GOAL: To orient the family and youth to the wraparound process.

1.1 b. Address legal and ethical issues Facilitator reviews all consent and release forms with the family and youth, answers questions, and explains options and their consequences. Facilitator discusses relevant legal and ethical issues (e.g., mandatory reporting), informs family of their rights, and obtains necessary consents and release forms before the first team meeting.

Ethical and legal considerations will also need to be reviewed with the entire team as described in phase 2.

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MAJOR TASKS/Goals ACTIVITIES NOTES 1.2 a. Ask family and youth about immediate crisis concerns Facilitator elicits information from the family and youth about immediate safety issues, current crises, or crises that they anticipate might happen in the very near future. These may include crises stemming from a lack of basic needs (e.g., food, shelter, utilities such as heat or electricity).

The goal of this activity is to quickly address the most pressing concerns. The whole team engages in proactive and future-oriented crisis/safety planning during phase 2. As with other activities in this phase, the goal is to do no more than necessary prior to convening the team, so that the facilitator does not come to be viewed as the primary service provider and so that team as a whole can feel ownership for the plan and the process.

1.2 b. Elicit information from agency representatives and potential team members about immediate crises or potential crises Facilitator elicits information from the referring source and other knowledgeable people about pressing crisis and safety concerns.

Information about previous crises and their resolution can be useful in planning a response in 1.2.c.

1.2. Stabilize crises GOAL: To address pressing needs and concerns so that family and team can give their attention to the wraparound process.

1.2 c. If immediate response is necessary, formulate a response for immediate intervention and/or stabilization Facilitator and family reach agreement about whether concerns require immediate attention and, if so, work to formulate a response that will provide immediate relief while also allowing the process of team building to move ahead.

This response should describe clear, specific steps to accomplish stabilization.

1.3. Facilitate conversations with family and youth/child GOAL: To explore individual and family strengths, needs, culture, and vision and to use these to develop a document that will serve as the starting point for planning.

1.3 a. Explore strengths, needs, culture, and vision with child/youth and family. Facilitator meets with the youth/child and family to hear about their experiences; gather their perspective on their individual and collective strengths, needs, elements of culture, and long-term goals or vision; and learn about natural and formal supports. Facilitator helps family identify potential team members and asks family to talk about needs and preferences for meeting arrangements (location, time, supports needed such as child care, translation).

This activity is used to develop information that will be presented to and augmented by the team in phase 2. Family members should be encouraged to consider these topics broadly.

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MAJOR TASKS/Goals ACTIVITIES NOTES 1.3 b. Facilitator prepares a summary document

Using the information from the initial conversations with family members, the facilitator prepares a strengths-based document that summarizes key information about individual family member strengths and strengths of the family unit, as well as needs, culture, and vision. The family then reviews and approves the summary.

1.4. Engage other team members GOAL: To gain the participation of team members who care about and can aid the youth/child and family, and to set the stage for their active and collaborative participation on the team in a manner consistent with the wraparound principles

1.4 a. Solicit participation/orient team members Facilitator, together with family members if they so choose, approaches potential team members identified by the youth and family. Facilitator describes the wraparound process and clarifies the potential role and responsibilities of this person on the team. Facilitator asks the potential team members if they will participate. If so, facilitator talks with them briefly to learn their perspectives on the family’s strengths and needs, and to learn about their needs and preferences for meeting.

The youth and/or family may choose to invite potential team members themselves and/or to participate in this activity alongside the facilitator. It is important, however, not to burden family members by establishing (even inadvertently) the expectation that they will be primarily responsible for recruiting and orienting team members.

1.5. Make necessary meeting arrangements GOAL: To ensure that the necessary procedures are undertaken for the team is prepared to begin an effective wraparound process.

1.5 a. Arrange meeting logistics Facilitator integrates information gathered from all sources to arrange meeting time and location and to assure the availability of necessary supports or adaptations such as translators or child care. Meeting time and location should be accessible and comfortable, especially for the family but also for other team members. Facilitator prepares materials—including the document summarizing family members’ individual and collective strengths, and their needs, culture, and vision—to be distributed to team members.

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Phases and Activities of the Wraparound Process: Phase 2 MAJOR TASKS/Goals ACTIVITIES NOTES PHASE 2: Initial plan development During this phase, team trust and mutual respect are built while the team creates an initial plan of care using a high-quality planning process that reflects the wraparound principles. In particular, youth and family should feel, during this phase, that they are heard, that the needs chosen are ones they want to work on, and that the options chosen have a reasonable chance of helping them meet these needs. This phase should be completed during one or two meetings that take place within 1-2 weeks, a rapid time frame intended to promote team cohesion and shared responsibility toward achieving the team’s mission or overarching goal.

2.1 a. Determine ground rules Facilitator guides team in a discussion of basic ground rules, elicits additional ground rules important to team members, and facilitates discussion of how these will operate during team meetings. At a minimum, this discussion should address legal and ethical issues—including confidentiality, mandatory reporting, and other legal requirements—and how to create a safe and blame-free environment for youth/family and all team members. Ground rules are recorded in team documentation and distributed to members.

In this activity, the team members define their collective expectations for team interaction and collaboration. These expectations, as written into the ground rules, should reflect the principles of wraparound. For example, the principles stress that interactions should promote family and youth voice and choice and should reflect a strengths orientation. The principles also stress that important decisions are made within the team.

2.1 b. Describe and document strengths Facilitator presents strengths from the summary document prepared during phase 1, and elicits feedback and additional strengths, including strengths of team members and community.

While strengths are highlighted during this activity, the wraparound process features a strengths orientation throughout.

2.1. Develop an initial plan of care GOAL: To create an initial plan of care using a high-quality team process that elicits multiple perspectives and builds trust and shared vision among team members, while also being consistent with the wraparound principles

2.1 c. Create team mission Facilitator reviews youth and family’s vision and leads team in setting a team mission, introducing idea that this is the overarching goal that will guide the team through phases and, ultimately, through transition from formal wraparound.

The team mission is the collaboratively set, long-term goal that provides a one or two sentence summary of what the team is working towards.

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MAJOR TASKS/Goals ACTIVITIES NOTES 2.1 d. Describe and prioritize needs/goals Facilitator guides the team in reviewing needs and adding to list. The facilitator then guides the team in prioritizing a small number of needs that the youth, family, and team want to work on first, and that they feel will help the team achieve the mission.

The elicitation and prioritization of needs is often viewed as one of the most crucial and difficult activities of the wraparound process. The team must ensure that needs are considered broadly, and that the prioritization of needs reflects youth and family views about what is most important. Needs are not services but rather broader statements related to the underlying conditions that, if addressed, will lead to the accomplishment of the mission.

2.1 e. Determine goals and associated outcomes and indicators for each goal Facilitator guides team in discussing a specific goal or outcome that will represent success in meeting each need that the team has chosen to work on. Facilitator guides the team in deciding how the outcome will be assessed, including specific indicators and how frequently they will be measured.

Depending on the need being considered, multiple goals or outcomes may be determined. Similarly, for each goal or outcome determined by the team for measurement, multiple indicators may be chosen to be tracked by the team. However, the plan should not include so many goals, outcomes, or indicators that team members become overwhelmed or tracking of progress becomes difficult.

2.1 f. Select strategies Facilitator guides the team in a process to think in a creative and open-ended manner about strategies for meeting needs and achieving outcomes. The facilitator uses techniques for generating multiple options, which are then evaluated by considering the extent to which they are likely to be effective in helping reach the goal, outcome, or indicator associated with the need; the extent to which they are community based, the extent to which they build on/incorporate strengths; and the extent to which they are consistent with family culture and values. When evaluating more formal service and support options, facilitator aids team in acquiring information about and /or considering the evidence base for relevant options.

This activity emphasizes creative problem solving, usually through brainstorming or other techniques, with the team considering the full range of available resources as they come up with strategies to meet needs and achieve outcomes. Importantly, this includes generating strategy options that extend beyond formal services and reach families through other avenues and time frames. These are frequently brainstormed by the team, with the youth and family and people representing their interpersonal and community connections being primary nominators of such supports. Finally, in order to best consider the evidence base for potential strategies or supports, it may be useful for a wraparound team or program to have access to and gain counsel from a point person who is well-informed on the evidence base.

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MAJOR TASKS/Goals ACTIVITIES NOTES 2.1 g. Assign action steps

Team assigns responsibility for undertaking action steps associated with each strategy to specific individuals and within a particular time frame.

Action steps are the separate small activities that are needed to put a strategy into place, for example, making a phone call, transporting a child, working with a family member, finding out more information, attending a support meeting, arranging an appointment. While all team members will not necessarily participate at the same level, all team members should be responsible for carrying out action steps. Care should be taken to ensure that individual team members, particularly the youth and family, are not overtaxed by the number of action steps they are assigned.

2.2 a. Determine potential serious risks Facilitator guides the team in a discussion of how to maintain the safety of all family members and things that could potentially go wrong, followed by a process of prioritization based on seriousness and likelihood of occurrence.

Past crises, and the outcomes of strategies used to manage them, are often an important source of information in current crisis/safety planning.

2.2. Develop crisis/safety plan GOAL: To identify potential problems and crises, prioritize according to seriousness and likelihood of occurrence, and create an effective and well-specified crisis prevention and response plan that is consistent with the wraparound principles. A more proactive safety plan may also be created.

2.2 b. Create crisis/safety plan In order of priority, the facilitator guides team in discussion of each serious risk identified. The discussion includes safety needs or concerns and potential crisis situations, including antecedents and associated strategies for preventing each potential type of crisis, as well as potential responses for each type of crisis. Specific roles and responsibilities are created for team members. This information is documented in a written crisis plan. Some teams may also undertake steps to create a separate safety plan, which specifies all the ways in which the wraparound plan addresses potential safety issues.

One potential difficulty with this activity is the identification of a large number of crises or safety issues can mean that the crisis/safety plan “takes over” from the wraparound plan. The team thus needs to balance the need to address all risks that are deemed serious with the need to maintain focus on the larger wraparound plan as well as youth, family, and team strengths.

2.3. Complete necessary documentation and logistics

2.3 a. Complete documentation and logistics Facilitator guides team in setting meeting schedule and determining means of contacting team members and distributing documentation to team members

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MAJOR TASKS/Goals ACTIVITIES NOTES PHASE 3: Implementation During this phase, the initial wraparound plan is implemented, progress and successes are continually reviewed, and changes are made to the plan and then implemented, all while maintaining or building team cohesiveness and mutual respect. The activities of this phase are repeated until the team’s mission is achieved and formal wraparound is no longer needed. 3.1. Implement the wraparound plan GOAL: To implement the initial plan of care, monitoring completion of action steps and strategies and their success in meeting need and achieving outcomes in a manner consistent with the wraparound principles.

3.1 a. Implement action steps for each strategy For each strategy in the wraparound plan, team members undertake action steps for which they are responsible. Facilitator aids completion of action steps by checking in and following up with team members; educating providers and other system and community representatives about wraparound as needed; and identifying and obtaining necessary resources.

The level of need for educating providers and other system and community representatives about wraparound varies considerably from one community to another. Where communities are new to the type of collaboration required by wraparound, getting provider “buy in” can be very difficult and time consuming for facilitators. Agencies implementing wraparound should be aware of these demands and be prepared to devote sufficient time, resources, and support to this need.

3.1 b. Track progress on action steps Team monitors progress on the action steps for each strategy in the plan, tracking information about the timeliness of completion of responsibilities assigned to each team member, fidelity to the plan, and the completion of the requirements of any particular intervention.

Using the timelines associated with the action steps, the team tracks progress. When steps do not occur, teams can profit from examining the reasons why not. For example, teams may find that the person responsible needs additional support or resources to carry out the action step, or, alternatively, that different actions are necessary.

3.1 c. Evaluate success of strategies Using the outcomes/indicators associated with each need, the facilitator guides the team in evaluating whether selected strategies are helping team meet the youth and family’s needs.

Evaluation should happen at regular intervals. Exactly how frequently may be determined by program policies and/or the nature of the needs/goals. The process of evaluation should also help the team maintain focus on the “big picture” defined by the team’s mission: Are these strategies, by meeting needs, helping achieve the mission?

3.1. d. Celebrate successes The facilitator encourages the team to acknowledge and celebrate successes, such as when progress has been made on action steps, when outcomes or indicators of success have been achieved, or when positive events or achievements occur.

Acknowledging success is one way of maintaining a focus on the strengths and capacity of the team and its members. Successes do not have to be “big”, nor do they necessarily have to result directly from the team plan. Some teams make recognition of “what’s gone right” a part of each meeting.

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MAJOR TASKS/Goals ACTIVITIES NOTES 3.2. Revisit and update the plan GOAL: To use a high quality team process to ensure that the wraparound plan is continually revisited and updated to respond to the successes of initial strategies and the need for new strategies.

3.2. a. Consider new strategies as necessary When the team determines that strategies for meeting needs are not working, or when new needs are prioritized, the facilitator guides the team in a process of considering new strategies and action steps using the process described in activities 2.1.f and 2.1.g.

Revising of the plan takes place in the context of the needs identified in 2.1.d. Since the needs are in turn connected to the mission, the mission helps to guide evaluation and plan revisions.

3.3 a. Maintain awareness of team members’ satisfaction and “buy-in” Facilitator makes use of available information (e.g., informal chats, team feedback, surveys—if available) to assess team members’ satisfaction with and commitment to the team process and plan, and shares this information with the team as appropriate. Facilitator welcomes and orients new team members who may be added to the team as the process unfolds.

Many teams maintain formal or informal processes for addressing team member engagement or “buy in”, e.g. periodic surveys or an end-of-meeting wrap-up activity. In addition, youth and family members should be frequently consulted about their satisfaction with the team’s work and whether they believe it is achieving progress toward their long-term vision, especially after major strategizing sessions. In general, however, this focus on assessing the process of teamwork should not eclipse the overall evaluation that is keyed to meeting identified needs and achieving the team mission.

3.3. Maintain/build team cohesiveness and trust GOAL: To maintain awareness of team members’ satisfaction with and “buy-in” to the process, and take steps to maintain or build team cohesiveness and trust.

3.3 b. Address issues of team cohesiveness and trust Making use of available information, facilitator helps team maintain cohesiveness and satisfaction (e.g., by continually educating team members—including new team members—about wraparound principles and activities, and/or by guiding team in procedures to understand and manage disagreement, conflict, or dissatisfaction).

Teams will vary in the extent to which issues of cohesiveness and trust arise. Often, difficulties in this area arise from one or more team members’ perceptions that the team’s work—and/or the overall mission or needs being currently addressed—is not addressing the youth and family’s “real” needs. This points to the importance of careful work in deriving the needs and mission in the first place, since shared goals are essential to maintaining team cohesiveness over time.

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MAJOR TASKS/Goals ACTIVITIES NOTES 3.4. Complete necessary documentation and logistics

3.4 a. Complete documentation and logistics Facilitator maintains/updates the plan and maintains and distributes meeting minutes. Team documentation should record completion of action steps, team attendance, use of formal and informal services and supports, and expenditures. Facilitator documents results of reviews of progress, successes, and changes to the team and plan. Facilitator guides team in revising meeting logistics as necessary and distributes documentation to team members.

Team documentation should be kept current and updated, and should be distributed to and/or available to all team members in a timely fashion.

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MAJOR TASKS/Goals ACTIVITIES NOTES PHASE 4: Transition During this phase, plans are made for a purposeful transition out of formal wraparound to a mix of formal and natural supports in the community (and, if appropriate, to services and supports in the adult system). The focus on transition is continual during the wraparound process, and the preparation for transition is apparent even during the initial engagement activities.

4.1 a. Create a transition plan Facilitator guides the team in focusing on the transition from wraparound, reviewing strengths and needs and identifying services and supports to meet needs that will persist past formal wraparound.

Preparation for transition begins early in the wraparound process, but intensifies as team meets needs and moves towards achieving the mission. While formal supports and services may be needed post-transition, the team is attentive to the need for developing a sustainable system of supports that is not dependent on formal wraparound. Teams may decide to continue wraparound—or a variation of wraparound—even after it is no longer being provided as a formal service.

4.1 b. Create a post-transition crisis management plan Facilitator guides the team in creating post-wraparound crisis management plan that includes action steps, specific responsibilities, and communication protocols. Planning may include rehearsing responses to crises and creating linkage to post-wraparound crisis resources.

At this point in transition, youth and family members, together with their continuing supports, should have acquired skills and knowledge in how to manage crises. Post-transition crisis management planning should acknowledge and capitalize on this increased knowledge and strengthened support system. This activity will likely include identification of access points and entitlements for formal services that may be used following formal wraparound.

4.1. Plan for cessation of formal wraparound GOAL: To plan a purposeful transition out of formal wraparound in a way that is consistent with the wraparound principles, and that supports the youth and family in maintaining the positive outcomes achieved in the wraparound process.

4.1 c. Modify wraparound process to reflect transition New members may be added to the team to reflect identified post-transition strategies, services, and supports. The team discusses responses to potential future situations, including crises, and negotiates the nature of each team member’s post-wraparound participation with the team/family. Formal wraparound team meetings reduce frequency and ultimately cease.

Teams may continue to meet using a wraparound process (or other process or format) even after formal wraparound has ended. Should teamwork continue, family members and youth, or other supports, will likely take on some or all of the facilitation and coordination activities.

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nd activities of the wraparound process 15 Attachment “A”


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MAJOR TASKS/Goals ACTIVITIES NOTES

Phases a

4.2 a. Document the team’s work Facilitator guides team in creating a document that describes the strengths of the youth/child, family, and team members, and lessons learned about strategies that worked well and those that did not work so well. Team participates in preparing/reviewing necessary final reports (e.g., to court or participating providers, where necessary)

This creates a package of information that can be useful in the future.

4.2. Create a “commencement” GOAL: To ensure that the cessation of formal wraparound is conducted in a way that celebrates successes and frames transition proactively and positively.

4.2 b. Celebrate success Facilitator encourages team to create and/or participate in a culturally appropriate “commencement” celebration that is meaningful to the youth/child, family, and team, and that recognizes their accomplishments.

This activity may be considered optional. Youth/child and family should feel that they are ready to transition from formal wraparound, and it is important that “graduation” is not constructed by systems primarily as a way to get families out of services.

4.3. Follow-up with the family GOAL: To ensure that the family is continuing to experience success after wraparound and to provide support if necessary.

4.3 a. Check in with family Facilitator leads team in creating a procedure for checking in with the youth and family periodically after commencement. If new needs have emerged that require a formal response, facilitator and/or other team members may aid the family in accessing appropriate services, possibly including a reconvening of the wraparound team.

The check-in procedure can be done impersonally (e.g., through questionnaires) or through contact initiated at agreed-upon intervals either by the youth or family, or by another team member.

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Attachment “B”

COVER LETTER and STATEMENT OF INTENT

To: Director Kern County Department of Human Services 100 E. California Avenue Bakersfield, CA 93307 Subject: REQUEST FOR PROPOSAL (RFP) SB 163 Wraparound Services

(Type or print information requested below.) Name of Applicant

Name of Parent Corporation (if applicable) and Tax Identification Number

Address of Applicant

City, State, Zip Code

Contact Person

Telephone Number

E-mail Address

Fax Number

Signature of Person Authorized to Sign Proposal

Date Signed

Print Name and Title One (1) original Proposal, containing original signature, four (4) copies of the Proposal, and, if possible, one (1) copy on computer disk, are due at the above-noted address before 4:00 p.m. on June 15, 2006. Proposals not received by the specified time, date and location shall be rejected. Postmarks or fax transmissions will not be accepted.

Attachment “C”

C - 1

SB 163 Wraparound Services Scope of Work

Referring to Attachment ___ entitled, “Phases and Activities of the Wraparound Process,” complete this form for each Phase of Wraparound Services

Phase ___: Services To Be Provided What services will be provided and to how many?

Activities What corresponding activities will occur, and with what frequency?

Person(s) Responsible What position(s) will be responsible?

Outcomes What outcomes are expected to result from services provided?

Evaluation Methods What tool(s) will be used to measure success, and with what frequency will they be used?

SB 163 Wraparound RFP2006.doc D - 1 DRAFT

Attachment “D”

SAMPLE AGREEMENT

AGREEMENT FOR

(name of services) Independent Contractor

(County of Kern - ) THIS AGREEMENT is made and entered into on , by and between the COUNTY OF KERN, a political subdivision of the State of California (hereinafter "COUNTY"), as represented by the Department of Human Services, and , a organization (hereinafter "CONTRACTOR"), whose principal place of business is at . W I T N E S S E T H : WHEREAS:

a. Government Code Sections 31000 and 53060 permit the COUNTY Board of Supervisors to contract for the furnishing of special services with individuals specially trained and experienced and competent to perform those services; and

b. The Department of Human Services of COUNTY (hereinafter "DEPARTMENT")

requires (briefly describe services) as more particularly described herein; and,

c. COUNTY, through a Request for Proposal (RFP) process, selected CONTRACTOR by reason of CONTRACTOR’s qualifications, experience and facilities for doing the type of work herein contemplated, and CONTRACTOR has offered to provide the required services on the terms set forth herein.

NOW, THEREFORE, IT IS AGREED between the parties as follows: 1. TERM

This Agreement shall be deemed in force as of the date first above-written and shall remain in effect until , unless sooner terminated as hereinafter provided.

2. RESPONSIBILITIES OF CONTRACTOR

CONTRACTOR shall assume responsibility for providing the following services:


3. RESPONSIBILITIES OF COUNTY

DEPARTMENT shall assume responsibility for providing the following services: 4. COMPENSATION

As compensation for all services to be provided by CONTRACTOR, COUNTY shall pay CONTRACTOR a fixed fee in the amount of dollars ($ ). COUNTY shall reimburse CONTRACTOR for all necessary and reasonable costs incurred on behalf of COUNTY as set forth in Exhibit “ “, which is attached hereto and incorporated herein by this reference. No additional compensation will be paid for secretarial, clerical support staff or overhead costs. No funds paid to CONTRACTOR through this Agreement shall be utilized to compensate employees of CONTRACTOR for overtime or compensatory time off, except to the extent that CONTRACTOR is required to pay for overtime or compensatory time off pursuant to the Fair Labor Standards Act of 1938, 29 USCS Section 201 et seq., or applicable State law.

5. REIMBURSEMENT POLICY AND BILLING REQUIREMENTS

CONTRACTOR shall submit monthly to DEPARTMENT an invoice for reimbursement of allowable expenditures for the previous month. Costs claimed under this Agreement are subject to the following federal publications (current publications are available online and can be found at www.whitehouse.gov/omb/circulars/):

(Choose as applicable)

Cost Principles Administrative Requirements OMB Circular A-21 OMB Circular 2 CFR 215 (formerly A-110) OMB Circular A-87 OMB Circular A-102 (as implemented by HHS in 45 CFR 92) OMB Circular A-122 OMB Circular 2 CFR 215 (formerly A-110) 48 CFR Part 31 OMB Circular 2 CFR 215 (formerly A-110)

a. All invoices shall be submitted in triplicate in a form approved by DEPARTMENT and shall include:

1. A monthly total and itemization of all costs by budget line item, arranged in

the same order as the approved budget. 2. A simplified worksheet that explains how salary charges on invoices were

calculated and list employees by name, position, location and amount charged.

3. Itemization of all travel expenses incurred. Reimbursement for travel and

other related costs shall not exceed COUNTY’s rates which are in effect at the time the expense(s) is/are incurred.

4. Copies of invoices submitted to CONTRACTOR from subcontractors.


CONTRACTOR shall adjust from its billings to DEPARTMENT all charges not fully reimbursable under the applicable cost principles and the terms of this Agreement. CONTRACTOR accepts fiscal responsibility for any future audit findings resulting from CONTRACTOR’s billings under this Agreement. CONTRACTOR shall refund COUNTY for all costs related to this Agreement which are disallowed by CDSS as a result of audit findings or insufficient funds available from the State. CONTRACTOR shall comply with all audit exceptions by appropriate federal, State and COUNTY audit agencies as prescribed by the auditing agency, and provide all required audit documentation to DEPARTMENT pertaining to the services required by this Agreement.

Invoices shall be sent to DEPARTMENT’s Accounts Payable Unit for processing by the twenty-fifth (25th) calendar day of the month following the month in which services were rendered. Payment will be made to CONTRACTOR within thirty (30) days of receipt and approval of each complete invoice by DEPARTMENT.

b. DEPARTMENT reserves the right to withhold payment if CONTRACTOR falls

behind schedule or submits substandard work. c. Final invoices must be received by DEPARTMENT no later than sixty (60) days

following termination of this Agreement.

d. Budget funds are restricted for use within the budget fiscal year. Administrative shifts of funds among budget line item accounts or the addition of budget line items cannot be approved without prior submission of a revised budget by CONTRACTOR and prior written approval by DEPARTMENT.

6. REPRESENTATIONS

CONTRACTOR makes the following representations which are agreed to be material to and form a part of the inducement for this Agreement:

a. CONTRACTOR has the expertise, support staff and facilities necessary to provide

the services described in this Agreement; and b. CONTRACTOR does not have any actual or potential interests adverse to

COUNTY, nor does CONTRACTOR represent a person or firm with an interest adverse to COUNTY with reference to the subject of this Agreement; and

c. CONTRACTOR shall diligently provide all required services in a timely and

professional manner in accordance with the terms and conditions stated in this Agreement.

7. ASSIGNMENT

CONTRACTOR shall not assign or transfer this Agreement or its obligations hereunder, or any part thereof. CONTRACTOR shall not assign any monies due or which become due to CONTRACTOR under this Agreement without the prior written approval of COUNTY.


8. NEGATION OF PARTNERSHIP

In the performance of the services under this Agreement, CONTRACTOR shall be, and acknowledges that CONTRACTOR is in fact and law, an independent contractor and not an agent or employee of COUNTY. CONTRACTOR has and retains the right to exercise full supervision and control over the manner and methods of providing services to COUNTY under this Agreement. CONTRACTOR retains full supervision and control over the employment, direction, compensation and discharge of all persons assisting CONTRACTOR in the provision of services under this Agreement. With respect to CONTRACTOR’s employees, if any, CONTRACTOR shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety, welfare and civil rights laws, tax withholding and payment of employment taxes whether federal, State or local, and compliance with any and all other laws regulating employment.

9. IMMIGRATION REFORM AND CONTROL ACT

CONTRACTOR acknowledges that CONTRACTOR, and all subcontractors hired by CONTRACTOR to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act (“IRCA”). CONTRACTOR is and shall remain in compliance with IRCA and shall ensure that any subcontractors hired by CONTRACTOR to perform services under this Agreement are in compliance with IRCA. In addition, CONTRACTOR agrees to indemnify, defend and hold harmless the COUNTY, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that CONTRACTOR’s employees, or the employees of any subcontractor hired by CONTRACTOR, are not authorized to work in the United States for CONTRACTOR or its subcontractor and/or any other claims based upon alleged IRCA violations committed by CONTRACTOR or CONTRACTOR’s subcontractors.

10. INDEMNIFICATION

CONTRACTOR agrees to indemnify, defend and hold harmless COUNTY and COUNTY's agents, Board members, elected and appointed officials and officers, employees, volunteers and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs and expenses (including, but not limited to, reasonable attorneys' fees of County Counsel and counsel retained by COUNTY, expert fees, costs of staff time and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with any act or omission of CONTRACTOR or CONTRACTOR's officers, agents, employees, independent contractors, subcontractors of any tier, or authorized representatives. Without limiting the generality of the foregoing, the same shall include bodily and personal injury or death to any person or persons; damage to any property, regardless of where located, including the property of COUNTY; and any workers' compensation claim or suit arising from or connected with any services performed pursuant to this Agreement on behalf of CONTRACTOR by any person or entity.

11. INSURANCE

CONTRACTOR, in order to protect COUNTY and its Board members, officials, agents, officers and employees against all claims and liability for death, injury, loss and damage


as a result of CONTRACTOR’s actions in connection with the performance of CONTRACTOR’s obligations, as required in this Agreement, shall secure and maintain insurance as described below. CONTRACTOR shall not perform any work under this Agreement until CONTRACTOR has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by COUNTY. CONTRACTOR shall pay any deductibles and self-insured retentions under all required insurance policies.

a. Workers' Compensation and Employers Liability Insurance Requirement

CONTRACTOR shall submit written proof that CONTRACTOR is insured against liability for workers' compensation in accordance with the provisions of Section 3700 of the Labor Code.

In signing this Agreement, CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement."

CONTRACTOR shall require any subcontractors to provide workers' compensation for all of the subcontractors' employees, unless the subcontractors' employees are covered by the insurance afforded by CONTRACTOR. If any class of employees engaged in work or services performed under this Agreement is not covered by Labor Code Section 3700, CONTRACTOR shall provide and/or require each subcontractor to provide adequate insurance for the coverage of employees not otherwise covered. CONTRACTOR shall also maintain employers’ liability insurance with limits of One Million dollars ($1,000,000) for bodily injury or disease.

b. Liability Insurance Requirements

1) CONTRACTOR shall maintain in full force and effect, at all times during the

term of this Agreement, the following insurance:

a) Commercial General Liability Insurance, including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement), Products-Completed Operations Hazard, Personal Injury (including bodily injury and death) and Property Damage for liability arising out of CONTRACTOR’s performance of work under this Agreement. Said insurance coverage shall have minimum limits for Bodily Injury and Property Damage liability of One Million dollars ($1,000,000) each occurrence and Two Million dollars ($2,000,000) aggregate.


b) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired and non-owned vehicles used in the performance of services pursuant to this Agreement with minimum limits for Bodily Injury and Property Damage liability of One Million dollars ($1,000,000) each occurrence.

c) Professional Liability (Errors and Omissions) Insurance for liability

arising out of, or in connection with, the performance of all required services under this Agreement, with limits of not less than One Million dollars ($1,000,000) per claim and Two Million dollars ($2,000,000) aggregate.

2) The Commercial General Liability and Automobile Liability Insurance

required in this subparagraph b. shall include an endorsement naming COUNTY and COUNTY's Board members, officials, officers, agents and employees as additional insureds for liability arising out of this Agreement and any operations related thereto.

3) If any of the insurance coverages required under this Agreement is written

on a claims-made basis, the insurance policy shall provide an extended reporting period of not less than four (4) years following the termination of this Agreement or completion of CONTRACTOR's work specified in this Agreement, whichever is later.

4) Prior to CONTRACTOR commencing any of its obligations under this

Agreement, evidence of insurance in compliance with the requirements above shall be furnished to DEPARTMENT's Contracts Office by Certificate of Insurance. Receipt of evidence of insurance that does not comply with above requirements shall not constitute a waiver of the insurance requirements set forth above.

c. Cancellation of Insurance

The above-stated insurance coverages required to be maintained by CONTRACTOR shall be maintained until the completion of all of CONTRACTOR's obligations under this Agreement, and shall not be reduced, modified or canceled without thirty (30) days prior written notice to COUNTY. CONTRACTOR shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

d. All insurance shall be issued by a company or companies admitted to do business

in California and listed in the current "Best's Key Rating Guide" publication with a minimum of a “A-; VII” rating. Any exception to these requirements must be approved by the COUNTY Risk Manager.

e. If CONTRACTOR is, or becomes during the term of this Agreement, self-insured

or a member of a self-insurance pool, CONTRACTOR shall provide coverage equivalent to the insurance coverages and endorsements required above.


COUNTY will not accept such coverage unless COUNTY determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by CONTRACTOR is equivalent to the above-required coverages.

f. All insurance afforded by CONTRACTOR pursuant to this Agreement shall be

primary to and not contributing to any other insurance maintained by COUNTY.

g. Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve CONTRACTOR for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude COUNTY from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

h. Failure by CONTRACTOR to maintain all such insurance in effect at all times

required by this Agreement shall be a material breach of this Agreement by CONTRACTOR. COUNTY, at its sole option, may terminate this Agreement and obtain damages from CONTRACTOR resulting from said breach. Alternatively, COUNTY may purchase such required insurance coverage, and without further notice to CONTRACTOR, COUNTY shall deduct from sums due to CONTRACTOR any premiums and associated costs advanced or paid by COUNTY for such insurance. If the balance of monies obligated to CONTRACTOR pursuant to this Agreement is insufficient to reimburse COUNTY for the premiums and any associated costs, CONTRACTOR agrees to reimburse COUNTY for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by COUNTY to take this alternative action shall not relieve CONTRACTOR of its obligation to obtain and maintain the insurance coverages required by this Agreement.

12. EVALUATION

Services to be provided by CONTRACTOR shall be evaluated by DEPARTMENT on a continuing basis. Evaluation may be accomplished by written or verbal communication and/or by site visits to view fiscal and/or program processes and information. Any deficiencies noted during evaluation shall be stated and placed in detailed written form, and a copy submitted to CONTRACTOR. CONTRACTOR shall respond in writing to the deficiencies statement within twenty (20) days from the date of receipt. A plan to remedy these deficiencies, where applicable, shall be implemented within sixty (60) days from the date of the deficiencies statement. Failure to remedy the stated deficiencies may result in termination of the Agreement by COUNTY. Deficiencies that may be subject to non-payment of future invoices by COUNTY shall include: a. Failure to notify DEPARTMENT and receive prior written approval for any changes

to Program delivery within fifteen (15) days of change for: 1) Change in assigned Program staff. 2) Change in Program or service hours and days.


3) Change in Program or service locations and access for participants. b. Failure to request, in writing, and receive written pre-approval from COUNTY for

changes to, or the addition of the line items in, the approved budget. c. Failure to provide written assurance of required civil rights training as detailed in

Paragraph 31, below. 13. CONTRACT DISPUTE

Should a dispute arise between CONTRACTOR and COUNTY relating to performance under this Agreement, CONTRACTOR will, prior to exercising any other remedy which may be available, provide COUNTY with written notice of the particulars of the dispute within thirty (30) calendar days of the dispute. COUNTY will meet with CONTRACTOR, review the factors in the dispute, and recommend a means of resolving the dispute before a written response is given to CONTRACTOR. COUNTY will provide a written response to CONTRACTOR within thirty (30) days of receipt of CONTRACTOR’s written notice.

14. TERMINATION

Either party may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to the other party. In the event of termination of this Agreement for any reason, COUNTY shall have no further obligation to pay for any services rendered or expenses incurred by CONTRACTOR after the effective date of the termination, and CONTRACTOR shall be entitled to receive compensation for services satisfactorily rendered, calculated on a prorated basis up to the effective date of termination.

15. NON-APPROPRIATION

This Agreement is subject to COUNTY’s annual appropriation process. In the event that funds representing CONTRACTOR’s compensation and reimbursement for expenses for the services provided pursuant to this Agreement are not appropriated within the approved COUNTY budget in any fiscal year, this Agreement shall be deemed terminated and shall be of no further force or effect as of the date COUNTY’s budget is approved. COUNTY will provide CONTRACTOR with notice of any action.

16. NOTICES

Notices to be given by one party to the other under this Agreement shall be given in writing by personal delivery, by certified mail, return receipt requested, or express delivery service at the addresses specified below. Notices delivered personally shall be deemed received upon receipt; mailed or expressed notices shall be deemed received four (4) days after deposit. A party may change the address to which notice is to be given by giving notice as provided above.

Notice to COUNTY shall be addressed as follows:

Director Kern County Department of Human Services


P.O. Box 511 Bakersfield, CA 93302

Notice to CONTRACTOR shall be addressed as follows:

Nothing in this Agreement shall be construed to prevent or render ineffective delivery of notices required or permitted under this Agreement by personal service.

17. OWNERSHIP OF DOCUMENTS

All reports, documents and other items generated or gathered in the course of providing services to COUNTY under this Agreement are and shall remain the property of COUNTY, and shall be returned to COUNTY upon full completion of all services by CONTRACTOR or termination of this Agreement, whichever first occurs.

18. CONFLICT OF INTEREST

The parties to this Agreement have read and are aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflict of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of COUNTY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, COUNTY may immediately terminate this Agreement by giving written notice thereof. CONTRACTOR shall comply with the requirements of Government Code Section 87100 et seq. during the term of this Agreement.

19. SOLE AGREEMENT

This document, including all attachments hereto, contains the entire agreement between the parties relating to the services, rights, obligations and covenants contained herein and assumed by the parties respectively. No inducements, representations or promises have been made, other than those recited in this Agreement. No oral promise, modification, change or inducement shall be effective or given any force or effect.

20. AUTHORITY TO BIND COUNTY

It is understood that CONTRACTOR, in CONTRACTOR’s performance of any and all duties under this Agreement, has no authority to bind COUNTY to any agreements or undertakings.

21. MODIFICATION OF AGREEMENT


This Agreement may be modified in writing only, signed by the parties in interest at the time of the modification.

22. NON-WAIVER

No covenant or condition of this Agreement can be waived except by the written consent of COUNTY. Forbearance or indulgence by COUNTY in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by CONTRACTOR. COUNTY shall be entitled to invoke any remedy available to COUNTY under this Agreement or by law or in equity despite said forbearance or indulgence.

23. CHOICE OF LAW/VENUE

The parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. This Agreement has been entered into and is to be performed in the County of Kern. Accordingly, the parties agree that the venue of any action relating to this Agreement shall be in the County of Kern.

24. CONFIDENTIALITY

CONTRACTOR shall not, without the written consent of COUNTY, communicate confidential information, designated in writing or identified in this Agreement as such, to any third party and shall protect such information from inadvertent disclosure to any third party in the same manner that they protect their own confidential information, unless such disclosure is required in response to a validly issued subpoena or other process of law. Upon completion of this Agreement, the provisions of this paragraph shall continue to survive. The parties hereto agree to abide by the Health Insurance Portability and Accountability Act (HIPAA) as applicable and follow confidentiality requirements of 42 CFR Part 2 and other applicable requirements, and to consult and cooperate with one another to assure appropriate and consistent handling of confidential data.

25. ENFORCEMENT OF REMEDIES

No right or remedy herein conferred on or reserved to COUNTY is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently or from time to time.

26. SEVERABILITY

Should any part, term, portion or provision of this Agreement be decided finally to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance.


27. COMPLIANCE WITH LAW

CONTRACTOR shall observe and comply with all applicable COUNTY, State and federal laws, ordinances, rules and regulations now in effect or hereafter enacted, each of which are hereby made a part hereof and incorporated herein by reference.

28. CAPTIONS AND INTERPRETATION

Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement.

No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the parties.

29. TIME OF ESSENCE

Time is hereby expressly declared to be of the essence of this Agreement and of each and every provision hereof, and each such provision is hereby made and declared to be a material, necessary and essential part of this Agreement.

30. COUNTERPARTS

This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

31. NONDISCRIMINATION

Neither CONTRACTOR, nor any officer, agent, employee, servant or subcontractor of CONTRACTOR, shall discriminate in the treatment or employment of any individual or groups of individuals on the grounds of age, sex, color, disability, national origin, race, marital status, sexual orientation, religion, political affiliation, or any other classification protected by law, either directly, indirectly or through contractual or other arrangements as described in CDSS Manual of Policies and Procedures, Chapter 21. CONTRACTOR will further adhere to all mandated requirements as described in the CDSS Manual of Policies and Procedures, Chapter 21 which can be found at http://www.dss.cahwnet.gov/getinfo/pdf/3cfcman.pdf. CONTRACTOR understands and acknowledges that its assurance is given in consideration of and for the purpose of receiving compensation for service as provided in this Agreement, which compensation is funded through federal and State assistance. In the event COUNTY is subject to any fiscal sanction or other legal remedies as a result of CONTRACTOR’s failure to comply with the requirements of this section, CONTRACTOR shall indemnify and hold harmless COUNTY from any such fiscal sanction or other legal remedy imposed against COUNTY as provided in the indemnification provisions of this Agreement. CONTRACTOR shall participate in and pay COUNTY’s costs incurred in COUNTY’s defense in any judicial or administrative hearing or process to determine where a violation of this section has occurred.

http://www.dss.cahwnet.gov/getinfo/pdf/3cfcman.pdt


32. AUDIT, INSPECTION, AND RETENTION OF RECORDS

CONTRACTOR agrees to maintain and make available to COUNTY accurate books and records relative to all its activities under this Agreement. CONTRACTOR shall provide COUNTY with one copy of the Reporting Package of a single audit performed by an Independent Certified Public Accountant (CPA) required by law and permitted by A-133, paragraph .320(f). CONTRACTOR shall permit COUNTY to audit, examine and make excerpts and transcripts from such records, and to conduct audits of all invoices, materials, records or personnel or other data related to all other matters covered by this Agreement. CONTRACTOR shall maintain such data and records in an accessible location and condition for a period of not less than three (3) years from the date of final payment under this Agreement, or until after the conclusion of any fiscal audit, whichever occurs last. The State of California and/or any federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon COUNTY herein.

33. NON-COLLUSION COVENANT

CONTRACTOR represents and agrees that it has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of this Agreement with COUNTY. CONTRACTOR has received from COUNTY no incentive or special payments or considerations related to the provision of services under this Agreement.

34. NO THIRD PARTY BENEFICIARIES

It is expressly understood and agreed that the enforcement of these terms and conditions and all rights of action relating to such enforcement shall be strictly reserved to COUNTY and CONTRACTOR. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of COUNTY and CONTRACTOR that any such person or entity, other than COUNTY or CONTRACTOR, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.

C. SIGNATURE AUTHORITY

Each party represents that they have full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement.

[Remainder of this page is intentionally left blank.]


IN WITNESS TO WHICH, each party to this Agreement has signed this Agreement upon the date indicated, and agrees, for itself, its employees, officers, partners and successors, to be fully bound by all terms and conditions of this Agreement.

COUNTY OF KERN Dated: By _______________________________________

Chairman, Board of Supervisors

"COUNTY"

CONTRACTOR’s Name Dated: By _______________________________________

Name, title of person signing

"CONTRACTOR"

APPROVED AS TO CONTENT: Kern County Department of Human Services

Dated: By _______________________________________

Beverly Beasley Johnson, JD, Director

APPROVED AS TO FORM: Office of the County Counsel

Dated: By _______________________________________ Deputy County Counsel

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