HomeMy WebLinkAbout30525Agreement No. 16-448
AGREEMENT 1
2 This Agreement is made and entered into this 12th day of __ J:....;.u_.ly~--2016, by and
3 between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
4 referred to as "COUNTY", and FOCUS FORWARD, a California non-profit public benefit
5 corporation, whose address is 3333 E. American Ave. Suite B, Fresno, CA 93725, hereinafter referred
6 to as "CONTRACTOR."
7 W I T N E S S E T H:
8 WHEREAS, COUNTY, through its Department of Social Services (DSS) seeks to provide
9 services designed to strengthen parental capacity and to improve the parent-child relationship for
10 separated families involved in the Child Welfare Services system; and
11 WHEREAS, the intended outcomes of these services will increase child safety, family
12 functioning, home stability and family reunification; and
13 WHEREAS, CONTRACTOR represents it possesses the experience and skills to provide the
14 services desired by COUNTY's DSS.
15 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
16 hereto agree as follows:
17 1. SERVICES
18 A. CONTRACTOR shall perform all services and fulfill all responsibilities, as
19 Identified in COUNTY's Request for Proposal (RFP) No. 952-5429 dated January 21, 2016 and
20 Addendum No. One (1) to COUNTY's RFP No. 952-5429 dated February 18, 2016, collectively
21 hereinafter referred to as COUNTY's Revised RFP 952-5429 and CONTRACTOR's response to said
22 Revised RFP, dated February 26, 2016, all incorporated herein by reference and made part of this
2 3 Agreement.
24 B. CONTRACTOR shall perform services set forth in Exhibit A, Summary of
2 5 Services, attached hereto and by this reference incorporated herein.
26 c. In the event of any inconsistency among the documents that constitute this
2 7 Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority:
28 I) to this Agreement, including all Exhibits attached hereto, 2) to the Revised RFP, 3) to the response
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1 to the Revised RFP. A copy ofCOUNTY's Revised RFP No. 952-5429, and CONTRACTOR's
2 response, shall be retained and made available during the term of this Agreement by COUNTY's DSS.
3 D. CONTRACTOR shall participate in meetings with COUNTY's DSS staff to
4 discuss requirements, data reporting, training, policies and procedures, overall program operations and
5 any problems or foreseeable problems that may arise.
6 E. CONTRACTOR shall ensure CONTRACTOR's staff who require licensure or
7 certification shall maintain current licensures and /or certifications, further described in Section
8 Fourteen (14) of this Agreement.
9 F. In the event of the termination or expiration of this Agreement, CONTRACTOR
10 shall provide transitional services to clients currently receiving services, working with COUNTY staff
11 and I or COUNTY's contracted vendor(s). Transitional duties shall include, but are not limited to the
12 transfer of client records and shall not exceed a maximum of thirty (30) days. This section of the
13 Agreement shall survive thirty (30) days after the expiration or termination date of this Agreement.
14 G. COUNTY shall perform services as set forth in Exhibit A, Summary of Services,
15 Section H, under the heading, "COUNTY' s DSS Responsibilities."
16 2. TERM
1 7 The Agreement shall become effective upon execution and shall terminate on the 30 1h of June,
18 2019. This agreement may be extended for two (2) additional consecutive twelve (12) month periods
19 upon the approval of both parties no later than thirty (30) days prior to the first day of the next twelve
2 0 month extension period. The Director of the Department of Social Services or designee is authorized
21 to execute such written approval on behalf of COUNTY based on CONTRACTOR's satisfactory
2 2 performance.
23 3. TERMINATION
24 A. Non-Allocation of Funds -The terms of this Agreement, and the services to be
2 5 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
2 6 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
2 7 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
28 B. Breach of Contract -COUNTY may immediately suspend or terminate this
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1 Agreement in whole or in part, where in the determination of COUNTY there is:
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An illegal or improper use of funds;
A failure to comply with any term of this Agreement;
A substantially incorrect or incomplete report submitted to COUNTY;
Improperly performed service.
6 In no event shall any payment by COUNTY constitute a waiver by COUNTY of
7 any breach of this Agreement or any default which may then exist on the part of CONTRACTOR.
8 Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
9 breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to
10 COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of
11 COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall
12 promptly refund any such funds upon demand or, at COUNTY's option, such repayment shall be
13 deducted from future payments owing to CONTRACTOR under this Agreement.
14 c. Without Cause -Under circumstances other than those set forth above, this
15 Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director, or
16 designee, upon thirty (30) days advance written notice of an intention to terminate the Agreement.
17 4. COMPENSATION
18 For actual services provided as identified in the terms and conditions of this Agreement,
19 including Exhibit A, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
2 O compensation in accordance with Exhibit B, "Budget," attached here to and by this reference
21 incorporated herein. Mandated travel shall be reimbursed based on actual expenditures and mileage
2 2 reimbursement shall be at CONTRACTOR's adopted rate per mile, not to exceed the IRS published
23 rate. CONTRACTOR agrees to limit administrative cost to a maximum of fifteen percent (15%) of
2 4 the total program budget and to limit employee benefits to a maximum of twenty percent (20%) of
2 5 total salaries for those employees working under this Agreement during the term of this Agreement.
2 6 Payment shall be made upon certification or other proof satisfactory to COUNTY's DSS that services
2 7 have actually been performed by CONTRACTOR as specified in this Agreement.
2 8 For each twelve (12) month period of this Agreement, as listed in Exhibit A, in no event
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1 shall services performed under this Agreement be in excess of Ninety Thousand Seven Hundred
2 Seventy One and No/100 Dollars ($90,771.00). The cumulative total of this Agreement shall not be in
3 excess of Four Hundred Fifty Three Thousand Eight Hundred Fifty Five and No/100 Dollars
4 ($453,855.00). It is understood that all expenses incidental to CONTRACTOR's performance of
5 services under this Agreement shall be borne by CONTRACTOR.
6 Except as provided below regarding State payment delays, payments by COUNTY shall
7 be in arrears, for services provided during the preceding month, within forty-five (45) days after
8 receipt, verification, and approval ofCONTRACTOR's invoices by COUNTY's DSS. If
9 CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall be
10 relieved of its obligation for further compensation. All final claims and I or any final budget
11 modification requests shall be submitted by CONTRACTOR within sixty (60) days following the final
12 month of service for which payment is claimed. No action shall be taken by COUNTY on claims
13 submitted beyond the sixty (60) day closeout period. Any compensation which is not expended by
14 CONTRACTOR pursuant to the terms and conditions of this Agreement shall automatically revert to
15 COUNTY.
16 The services provided by CONTRACTOR under this Agreement are funded in whole or
1 7 in part by the State of California. In the event that funding for these services is delayed by the State
18 Controller, COUNTY may defer payment to CONTRACTOR. The amount of the deferred payment
19 shall not exceed the amount of funding delayed by the State Controller to COUNTY. The period of
2 0 time of the deferral by COUNTY shall not exceed the period of time of the State Controller's delay of
21 payment to COUNTY plus forty-five (45) days.
2 2 County agrees to the extent permitted by State and Federal rules and regulations,
2 3 advanced payment of up to twenty percent (20%) of the compensation under this Agreement if
2 4 requested of County by Contractor. The amount of the advanced payment shall be deducted in equal
2 5 installments from claims submitted in the final three (3) months of this Agreement.
26 5. INVOICING
2 7 CONTRACTOR shall invoice COUNTY in arrears by the fifteenth (15 1h) day of each
2 8 month for actual expenses incurred and services rendered in the previous month to:
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1 DSSlnvoices@co.fresno.ca.us. The Monthly Activity Report (MAR) shall accompany the invoice,
2 reflecting services supported by the invoiced expenditures and be in a form and in such detail as
3 acceptable to COUNTY's DSS. Invoices shall include all corresponding documentation submitted
4 and identified by line item, as identified in Exhibit B. Supporting documentation shall include but is
5 not limited to receipts, invoices received, and documented administrative I overhead costs. No
6 reimbursement for services shall be made until invoices, reports and outcomes are received, reviewed
7 and approved by COUNTY's DSS.
8 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is
9 otherwise not in proper form or substance, COUNTY's DSS Director or designee shall have the right
10 to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5)
11 days prior notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a
12 period of ninety (90) days after notification of an incorrect or improper invoice. If after the ninety
13 (90) day period, the invoice(s) is still not corrected to COUNTY's DSS satisfaction, COUNTY's DSS
14 Director or designee may elect to terminate this Agreement, pursuant to the termination provisions
15 stated in Paragraph Three (3) of this Agreement. In addition, for invoices received ninety (90) days
16 after the expiration of each term of this Agreement or termination of this Agreement, at the discretion
1 7 of COUNTY's DSS Director or designee, COUNTY's DSS shall have the right to deny payment of
18 any additional invoices received.
19 6. INDEPENDENT CONTRACTOR
2 0 In performance of the work, duties, and obligations assumed by CONTRACTOR under
21 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
2 2 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
2 3 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
2 4 employee, joint venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no
2 5 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
2 6 its work and function. However, COUNTY shall retain the right to administer this Agreement so as to
2 7 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
2 8 thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
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1 rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
2 directly or indirectly the subject of this Agreement.
3 Because of its status as an independent contractor, CONTRACTOR shall have
4 absolutely no right to employment rights and benefits available to COUNTY employees.
5 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
6 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
7 save COUNTY harmless from all matters relating to payment ofCONTRACTOR's employees,
B including compliance with Social Security, withholding, and all other regulations governing such
9 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be
10 providing services to others unrelated to COUNTY or to this Agreement.
11 7. MODIFICATION
12 A. Any matters of this Agreement may be modified from time to time by the written
13 consent of all the parties without, in any way, affecting the remainder. However, changes to the MAR
14 format or content may be made in accordance with Section Twelve (I 2) of this Agreement.
15 B. Notwithstanding the above, changes to line items in the budget, attached hereto
16 as Exhibit B, in an amount not to exceed ten percent (10%) of the total maximum compensation as
1 7 identified in Section Four (4) of this Agreement, may be made with the written approval of
18 COUNTY's DSS Director or designee and CONTRACTOR. Budget line item changes shall not result
19 in any change to the maximum compensation amount payable to CONTRACTOR, as stated herein.
20 c. CONTRACTOR hereby agrees that changes to the compensation under this
21 Agreement may be necessitated by a reduction in funding from State and I or Federal sources.
2 2 COUNTY's DSS Director or designee may modify the maximum compensation depending on State
2 3 and Federal funding availability, as stated in Section Four (4) in this Agreement. CONTRACTOR
2 4 further understands that this Agreement is subject to any restrictions, limitations or enactments of all
2 5 legislative bodies which affect the provisions, term, or funding of this Agreement in any manner.
26 8. NON-ASSIGNMENT
2 7 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
2 8 duties under this Agreement without the prior written consent of the other party.
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1 9. HOLD-HARMLESS
2 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
3 defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
4 attorney fees and court costs, damages, liabilities, claims, and losses occurring or resulting to
5 COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
6 agents, or employees under this Agreement, and from any and all costs and expenses, including
7 attorney fees and court costs, damages, liabilities, claims, and losses occurring or resulting to any
8 person, firm, or corporation who may be injured or damaged by the performance, or failure to
9 perform, of CONTRACTOR, its officers, agents, or employees under this Agreement. In addition,
1 O CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and I or local audit
11 exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
12 10. INSURANCE
13 Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or
14 any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
15 following insurance policies throughout the term of this Agreement:
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Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations,
product liability, contractual liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars ($500,000) per accident and for property damages of
not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
should include owned and non-owned vehicles used in connection with this
Agreement.
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Professional Liability
If CONTRACTOR employs licensed professional staff (e.g. Ph.D., R.N.,
L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars ($1,000,000) per occurrence, Three
Million Dollars ($3,000,000) annual aggregate.
Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTOR signs this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, DSS, PO BOX 1912, Fresno,
California, 93718-1912, Attention: Contracts, stating that such insurance coverages have been
obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be
responsible for any premiums on the policies; that such Commercial General Liability insurance
names the County of Fresno, its officers, agents and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned; that such
cov'erage for additional insured shall apply as primary insurance and any other insurance, or self-
insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not
contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance
shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given
to COUNTY.
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1 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
2 herein provided, COUNTY may, in addition to other remedies it may have, suspend, or terminate this
3 Agreement upon .the occurrence of such event.
4 All policies shall be with admitted insurers licensed to do business in the State of
5 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
6 of A FSC VII or better.
7 11. CHILD ABUSE REPORTING
8 CONTRACTOR shall utilize a procedure acceptable to COUNTY's DSS to ensure that
9 all of CONTRACTOR's employees, volunteers, consultants, subcontractors or agents performing
10 services under this Agreement shall report all known or suspected child abuse or neglect to one or
11 more of the agencies set forth in Penal Code Section 11165.9. This procedure shall include having all
12 of CONTRACTOR's employees, volunteers, consultants, subcontractors or agents performing services
13 under this Agreement sign a statement that he or she knows of and will comply with the reporting
14 requirements set forth in Penal Code Section 11166. The statement to be utilized by CONTRACTOR
15 is set forth in Exhibit D, attached hereto and by this reference incorporated herein.
16 12. REPORTS
1 7 CONTRACTOR shall submit to COUNTY's DSS such statements, records, reports,
18 data, and other information as the COUNTY may request pertaining to matters covered by this
19 Agreement. CONTRACTOR shall provide information as requested by COUNTY's DSS as outlined
2 O on Page Four (4) of Exhibit A, Summary of Services. In addition, CONTRACTOR's MAR shall be
21 submitted with invoices, further described in Section Five (5) of this Agreement. COUNTY's DSS
2 2 may request changes and I or additional information to be submitted with the MAR during the term of
2 3 this Agreement and CONTRACTOR shall provide requested information. In the event that the
2 4 CONTRACTOR fails to provide such reports or other information required hereunder, it shall be
2 5 deemed sufficient cause for the COUNTY to withhold monthly payments until there is compliance. In
2 6 addition, the CONTRACTOR shall provide written notification and explanation to the COUNTY
2 7 within fifteen ( 15) days of any funds received from another source to conduct the same services
2 8 covered by this Agreement.
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1 13. PERSONNEL DISCLOSURE
2 CONTRACTOR shall make available to COUNTY's DSS a current list of all personnel
3 providing services hereunder. Changes to this list will be immediately provided to COUNTY in
4 writing. The list shall provide the following information:
5 A. All full or part-time staff positions by title whose direct services are required to
6 provide the programs described herein;
7 B. A brief description of the functions of each such position and hours each person
8 in such position works each week or, for part-time positions, each day or month, as appropriate;
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The education and experience levels required for each position; and
The names of persons filling the identified positions.
LICENSES
12 CONTRACTOR warrants that it possesses all licenses and/or certificates required by
13 local, State of California and/or Federal laws and regulations for the conduct of its business and shall
14 operate its business in accordance with all applicable laws and regulations. CONTRACTOR further
15 warrants that all of its personnel performing services under this Agreement shall be licensed and/or
16 certified where required to lawfully perform their duties and shall maintain such licensure and/or
1 7 certification through each term of this Agreement. CONTRACTOR shall maintain copies of all
18 licenses and/or certifications noted above and shall allow COUNTY's DSS to review these documents
19 upon request.
20 15. SUBCONTRACTS
21 CONTRACTOR shall obtain written approval from COUNTY or COUNTY's DSS
2 2 Director, or designee before subcontracting any of the services delivered under this Agreement. Any
2 3 transferee, assignee or subcontractor will be subject to all applicable provisions of this Agreement, and
2 4 all applicable State and Federal regulations. CONTRACTOR shall be held primarily responsible by
2 5 COUNTY for the performance of any transferee, assignee or subcontractor unless otherwise expressly
2 6 agreed to in writing by COUNTY. The use of subcontractors by CONTRACTOR shall not entitle
2 7 CONTRACTOR to any additional compensation than is provided for under this Agreement.
2 8 ///
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1 16. CONFLICT OF INTEREST
2 No officer, agent, or employee of COUNTY who exercises any function or
3 responsibility for planning and carrying out the services provided under this Agreement shall have any
4 direct or indirect personal financial interest in this Agreement. In addition, no employee of COUNTY
5 shall be employed by CONTRACTOR to fulfill any contractual obligations with COUNTY.
6 CONTRACTOR shall also comply with all Federal, State of California, and local conflict of interest
7 laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under this
8 Agreement and any officer, agent, or employee of COUNTY.
9 17. NON-DISCRIMINATION
1 O During the performance of this Agreement CONTRACTOR shall not unlawfully
11 discriminate against any employee or applicant for employment, or recipient of services, because of
12 ethnic group identification, gender, gender identity, gender expression, sexual orientation, color,
13 physical disability, mental disability, medical condition, national origin, race, ancestry, marital status,
14 religion, or religious creed, pursuant to all applicable State of California and Federal statutes and
15 regulations.
16 18. RECRUITMENT OF EMPLOYEES AND SERVICE TO CLIENTS
1 7 CONTRACTOR shall ensure that its employment recruitment efforts, including
18 administrative and professional staff positions, are carried out so as to adequately reflect the cultural
19 and ethnic diversity of the population of Fresno County. CONTRACTOR shall use its best efforts to
2 0 serve all cultural and ethnic groups residing in Fresno County. CONTRACTOR's employment efforts
21 will be monitored by COUNTY's DSS at periodic intervals.
22 19. LIMITED ENGLISH PROFICIENCY
2 3 CONTRACTOR shall provide interpreting and translation services to persons
2 4 participating in CONTRACTOR's services who have limited or no English language proficiency,
2 5 including services to persons who are deaf or blind. Interpreter and translation services shall be
2 6 provided as necessary to allow such participants meaningful access to the programs, services and
2 7 benefits provided by CONTRACTOR. Interpreter and translation services, including translation of
2 8 CONTRACTOR's "vital documents" (those documents that contain information that is critical for
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1 accessing CONTRACTOR's services or are required by law) shall be provided to participants at no
2 cost to the participant. CONTRACTOR shall ensure that any employees, agents, subcontractors, or
3 partners who interpret or translate for a program participant, or who directly communicate with a
4 program participant in a language other than English, demonstrate proficiency in the participant's
5 language and can effectively communicate any specialized terms and concepts peculiar to
6 CONTRACTOR's services.
7 20. CONFIDENTIALITY
8 All services performed by CONTRACTOR under this Agreement shall be in strict
9 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
1 O to confidentiality.
11 21. DAT A SECURITY
12 For the purpose of preventing the potential loss, misappropriation or inadvertent
13 disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
14 resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
15 contractual relationship with the COUNTY for the purpose of providing services under this
16 Agreement must employ adequate data security measures to protect the confidential information
1 7 provided to the CONTRACTOR by the COUNTY, including but not limited to the following:
18 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
1 9 COUNTY networks via personally owned mobile, wireless or handheld devices, except when
2 0 authorized by COUNTY for telecommuting and then only if virus protection software currency
21 agreements are in place, and if a secure connection is used.
22 B. Contractor-Owned Computers or Computer Peripherals may not be brought into
2 3 the COUNTY for use without prior authorization from the COUNTY's Chief Information Officer
2 4 and/or designee(s), including and not limited to mobile storage devices. Data must be stored on a
2 5 secure server approved by the COUNTY and transferred by means of a VPN (Virtual Private
2 6 Network) connection, or another type of secure connection of this type if any data is approved to be
27 transferred. C. County-Owned Computer Equipment -CONTRACTOR or anyone
2 8 having an employment relationship with the COUNTY may not use COUNTY computers or computer
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1 peripherals on non-COUNTY premises without prior authorization from the COUNTY's Chief
2 Information Officer and/or designee(s).
3 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive data
4 on any hard-disk drive.
5 E. CONTRACTOR is responsible to employ strict controls to insure the integrity
6 and security of the COUNTY's confidential information and to prevent unauthorized access to data
7 maintained in computer files, program documentation, data processing systems, data files and data
8 processing equipment which stores or processes COUNTY data internally and externally.
9 F. Confidential client information transmitted to one party by the other by means of
10 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
11 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
12 G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches
13 or potential breaches of security related to COUNTY's confidential information, data maintained in
14 computer files, program documentation, data processing systems, data files and data processing
15 equipment which stores or processes COUNTY data internally or externally.
16 H. In the event of a breach of security related to COUNTY's confidential client
1 7 information provided to CONTRACTOR, COUNTY will manage the response to the incident,
18 however, CONTRACTOR will be responsible to issue any notification to affected individuals as
19 required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
2 0 responsible for all costs incurred as a result of providing the required notification.
21 22. CLEAN AIR AND WATER
2 2 In the event the funding under this Agreement exceeds One Hundred Thousand and
2 3 No/100 Dollars ($100,000), CONTRACTOR shall comply with all applicable standards, orders or
2 4 requirement issued under the Clean Air Act Contained in 42 U.S. Code 7601 et seq; the Clean Water
25 Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated
2 6 thereunder. Under these laws and regulations, CONTRACTOR shall assure:
27 A. No facility shall be utilized in the performance of the Agreement that has been
2 8 listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
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1 B. COUNTY shall be notified prior to execution of this Agreement of the receipt
2 of any communication from the Director, Office of Federal Activities, U.S. EPA indicating that a
3 facility to be utilized in the performance of this Agreement is under consideration to be listed on the
4 EPA list of Violating Facilities;
5 C. COUNTY and U.S. EPA shall be notified about any known violation of the
6 above laws and regulations; and
7 D. This assurance shall be included in every nonexempt subgrant, contract, or
8 subcontract.
9 23. DRUG-FREE WORKPLACE REQUIREMENTS
10 For purposes of this paragraph, CONTRACTOR will be referred to as the "grantee".
11 By drawing funds against this grant award, the grantee is providing the certification that is required by
12 regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
13 regulations require certification by grantees that they will maintain a drug-free workplace. False
14 certification or violation of the certification shall be grounds for suspension of payments, suspension
15 or termination of grants, or government wide suspension or debarment.
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24. CERTIFICAITON REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
TRANACTIONS
A. COUNTY and CONTRACTOR recognize that Federal assistance funds will be
2 O used under the terms of this Agreement. For purposes of this paragraph, CONTRACTOR will be
21 referred to as the "prospective recipient".
22 B. This certification is required by the regulation implementing Executive Order
2 3 12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant's responsibilities.
24 1) The prospective recipient of Federal assistance funds certified by
2 5 entering into this Agreement, that neither it nor its principals are presently debarred, suspended,
2 6 proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
2 7 transaction by any Federal department or agency.
28 2) The prospective recipient of funds agrees by entering into this
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1 Agreement, that it shall not knowingly enter into any lower tier covered transaction with a person
2 who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
3 covered transaction, unless authorized by the Federal department or agency with which this
4 transaction originated.
5 3) Where the prospective recipient of Federal assistance funds is unable to
6 certify to any of the statements in this certification, such prospective participant shall attach an
7 explanation to this Agreement.
8 4) The prospective recipient shall provide immediate written notice to
9 COUNTY if at any time prospective recipient learns that its certification in Paragraph twenty (20) of
10 this Agreement was erroneous when submitted or has become erroneous by reason of changed
11 circumstances.
12 5) The prospective recipient further agrees that by entering into this
13 Agreement, it will include a clause identical to Paragraph twenty (20) of this Agreement and titled
14 "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
15 Covered Transactions", in all lower tier covered transactions and in all solicitations for lower tier
16 covered transaction.
17 6) The certification in Paragraph twenty (20) of this Agreement is a material
18 representation of fact upon which COUNTY relied in entering into this Agreement.
19 25. ACKNOWLEDGEMENT
2 O CONTRACTOR shall acknowledge all public relations activities, material and
21 publications that COUNTY is the funding source for services to be provided through this Agreement.
22 26. POLITICAL ACTIVITY
2 3 None of the funds, materials, property or services provided directly or indirectly under
2 4 this Agreement shall be used for any political activity, or to further the election or defeat of any
2 5 candidate for public office.
26 27. LOBBYING ACTIVITY
2 7 None of the funds provided under this Agreement shall be used for publicity, lobbying
2 8 or propaganda purposes designed to support or defeat legislation pending in the Congress of the
-15 -COUN'IY OF FRESNO
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1 United States of America or the Legislature of the State of California.
2 28. STATE ENERGY CONSERVATION
3 CONTRACTOR shall recognize the mandatory standard and policies relating to energy
4 efficiency in the State Energy Conservation Plan as required by the United States Energy Policy and
5 Conservation Act (42 U.S.C. section 6201, et seq).
6 29. FRATERNIZATION
7 CONTRACTOR shall establish procedures addressing fraternization between
8 CONTRACTOR staff and clients. Such procedures will include provisions for informing
9 CONTRACTOR staff and clients regarding fraternization guidelines.
10 30. INTERPRET A TI ON OF LAWS AND REGULATIONS
11 COUNTY reserves the right to make final interpretations or clarifications on issues
12 relating to Federal and State laws and regulations, to ensure compliance.
13 31. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
14 COUNTY and PROVIDER, their officers, consultants, subcontractors, agents, and
15 employees shall comply with all applicable State, Federal, and local laws and regulations governing
16 projects that utilize Federal Funds.
17 32. RECORDS
18 A. Record Establishment and Maintenance
1 9 CONTRACTOR shall establish and maintain records in accordance with those
2 0 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
21 CONTRACTOR shall retain all fiscal books, account records and client files for services performed
2 2 under this Agreement for at least three (3) years from date of final payment under this Agreement or
2 3 until all State and Federal audits are completed for that fiscal year, whichever is later.
24 B. Cost Documentation
25 I) CONTRACTOR shall submit to COUNTY within fifteen (15) calendar
2 6 days following the end of each month, all fiscal and program reports for that month. CONTRACTOR
2 7 shall also furnish to COUNTY such statements, records, data and information as COUNTY may
2 8 request pertaining to matters covered by this Agreement. In the event that CONTRACTOR fails to
-16 -COUN'IY OF FRESNO
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1 provide reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold
2 payments until compliance is established.
3 2) All costs shall be supported by properly executed payrolls, time records,
4 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
5 Agreement and they shall be clearly identified and readily accessible. The support documentation
6 must indicate the line budget account number to which the cost is charged.
7 3) COUNTY shall notify CONTRACTOR in writing within thirty (30) days
8 of any potential State or Federal audit exception discovered during an examination. Where findings
9 indicate that program requirements are not being met and State or Federal participation in this program
10 may be imperiled in the event that corrections are not accomplished by CONTRACTOR within thirty
11 (30) days of receipt of such notice from COUNTY, written notification thereof shall constitute
12 COUNTY's intent to terminate this Agreement.
13 c. Service Documentation
14 CONTRACTOR agrees to maintain records to verify services under this
15 Agreement including names and addresses of clients served, the date of service and a description of
16 services provided on each occasion. These records and any other document pertaining in whole or in
1 7 part to this Agreement shall be clearly identified and readily accessible.
18 D. Use of Data
19 CONTRACTOR shall grant to COUNTY and the United States Department
2 0 Health and Human Services the royalty-free, nonexclusive and irrevocable license throughout the
21 world to publish, translate, reproduce, deliver, perform, dispose of, duplicate, use, disclose in any
2 2 manner and for any purpose whatsoever and to authorize others to do so, all subject data now or
2 3 hereafter covered by copyright. However, with respect to subject data not originated in the
2 4 performance of this Agreement, such license shall be only to the extent that CONTRACTOR has the
2 5 right to grant such license without becoming liable to pay any compensation to others because of such
2 6 grant. CONTRACTOR shall exert all reasonable effort to advise COUNTY at time of delivery of
2 7 subject data furnished under this Agreement, of all possible invasions of the right of privacy therein
2 8 contained, and of all portions of such subject data copied from work not composed or produced in the
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1 performance of this Agreement and not licensed under this provision.
2 As used in this clause, the term "Subject Data" means writing, sound recordings,
3 pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms,
4 diagrams, work flow charts, equipment descriptions, data files and data processing of computer
5 programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are
6 first produced or developed under this Agreement. The term does not include financial reports, cost
7 analyses and similar information incidental to contract administration.
8 CONTRACTOR shall report to COUNTY promptly and in written detail, each
9 notice of claim of copyright infringement received by CONTRACTOR with respect to all subject data
10 delivered under this Agreement. CONTRACTOR shall not affix any restrictive markings upon any
11 data. If markings are affixed, COUNTY shall have the right at any time to modify, remove, obliterate
12 or ignore such markings.
13 COUNTY shall have access to any report, preliminary findings or data
14 assembled by CONTRACTOR under this Agreement. In addition, CONTRACTOR must receive
15 written permission from COUNTY prior to publication of any materials developed under this
16 Agreement and file with COUNTY a copy of all educational and training materials, curricula,
1 7 audio/visual aids, printed material and periodicals, assembled pursuant to this Agreement prior to
18 publication.
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33. SINGLE AUDIT CLAUSE
A. If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars
21 ($750,000.00) or more in Federal and Federal flow-through monies, CONTRACTOR agrees to
2 2 conduct an annual audit in accordance with the requirements of the Single Audit Standards as set forth
2 3 in Office of Management and Budget (OMB) Circular 2 CFR 200. CONTRACTOR shall submit said
2 4 audit and management letter to COUNTY. The audit must include a statement of findings or a
2 5 statement that there were no findings. If there were negative findings, CONTRACTOR must include a
2 6 corrective action plan signed by an authorized individual. CONTRACTOR agrees to take action to
2 7 correct any material non-compliance or weakness found as a result of such audit. Such audit shall be
2 8 delivered to COUNTY's Human Services System, Administration, for review within nine (9) months
-18 -COUN'IY OF FRESNO
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1 of the end of any fiscal year in which funds were expended and/or received for the program. Failure
2 to perform the requisite audit functions as required by this Agreement may result in COUNTY
3 performing the necessary audit tasks, or at COUNTY's option, contracting with a public accountant to
4 perform said audit, or, may result in the inability of COUNTY to enter into future agreements with
5 CONTRACTOR. All audit costs related to this Agreement are the sole responsibility of
6 CONTRACTOR.
7 B. A single audit report is not applicable if all CONTRACTOR's Federal contracts
8 do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000.00) requirement or
9 CONTRACTOR's only funding is through Drug related Medi-Cal. If a single audit is not applicable,
10 a program audit must be performed and a program audit report with management letter shall be
11 submitted by CONTRACTOR to COUNTY as a minimum requirement to attest to CONTRACTOR's
12 solvency. Said audit report shall be delivered to COUNTY's Human Services System, Accounting
13 Office for review no later than nine (9) months after the close of the fiscal year in which the funds
14 supplied through this Agreement are expended. Failure to comply with this Act may result in
15 COUNTY performing the necessary audit tasks or contracting with a qualified accountant to perform
16 said audit. All audit costs related to this Agreement are the sole responsibility of CONTRACTOR
1 7 who agrees to take corrective action to eliminate any material noncompliance or weakness found as a
18 result of such audit. Audit work performed by COUNTY under this paragraph shall be billed to the
19 CONTRACTOR at COUNTY cost, as determined by COUNTY's Auditor-Controller/Treasurer-Tax
2 0 Collector.
21 c. CONTRACTOR shall make available all records and accounts for inspection by
22 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the
2 3 Federal Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a
2 4 period of at least three (3) years following final payment under this Agreement or the closure of all
2 5 other pending matters, whichever is later.
26 34. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
2 7 To the extent necessary to prevent disallowance of reimbursement under section 1861 (v)
2 8 (1) (I) of the Social Security Act, (42 U.S.C. § 1395x, subd. (v)(l)[I]), until the expiration of four (4)
-19 -COUNTY or FRESNO
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1 years after the furnishing of services under this Agreement, CONTRACTOR shall make available,
2 upon written request to the Secretary of the United States Department of Health and Human Services,
3 or upon request to the Comptroller General of the United States General Accounting Office, or any of
4 their duly authorized representatives, a copy of this Agreement and such books, documents, and
5 records as are necessary to certify the nature and extent of the costs of these services provided by
6 CONTRACTOR under this Agreement. CONTRACTOR further agrees that in the event
7 CONTRACTOR carries out any of its duties under this Agreement through a subcontract, with a value
8 or cost of Ten Thousand and No/100 Dollars ($10,000.00) or more over a twelve (12) month period,
9 with a related organization, such Agreement shall contain a clause to the effect that until the expiration
10 of four ( 4) years after the furnishing of such services pursuant to such subcontract, the related
11 organizations shall make available, upon written request to the Secretary of the United States
12 Department of Health and Human Services, or upon request to the Comptroller General of the United
13 States General Accounting Office, or any of their duly authorized representatives, a copy of such
14 subcontract and such books, documents, and records of such organization as are necessary to verify
15 the nature and extent of such costs.
16 35. CHARITABLE CHOICE
1 7 CONTRACTOR may not discriminate in its program delivery against a client or potential client
18 on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
19 participate in a religious practice. Any specifically religious activity or service made available to
2 0 individuals by CONTRACTOR must be voluntary as well as separate in time and location from
21 County funded activities and services. CONTRACTOR shall inform COUNTY as to whether it is
2 2 faith-based. If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy on
2 3 referring individuals to an alternate treatment provider, and include a copy of this policy in its client
2 4 admission forms. The policy must inform individuals that they may be referred to an alternative
2 5 provider if they object to the religious nature of the program, and include a notice to DSS. Adherence
2 6 to this policy will be monitored during annual site reviews, and a review of client files. If
2 7 CONTRACTOR identifies as faith-based, by July I of each year CONTRACTOR will be required to
2 8 report to DSS the number of individuals who requested referrals to alternate providers based on
-20 -COUN'JY OF FRESNO
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1 religious objection.
2 36. PROHIBITION ON PUBLICITY
3 None of the funds, materials, property or services provided directly or indirectly under
4 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e.,
5 purchasing of tickets I tables, silent auction donations, etc.) for the purpose of self-promotion.
6 Notwithstanding the above, publicity of the services described in Paragraph One (1) of this Agreement
7 shall be allowed as necessary to raise public awareness about the availability of such specific services
8 when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such
9 items as written I printed materials, the use of media (i.e., radio, television, newspapers) and any other
10 related expense(s).
11 37. PROPERTY OF COUNTY
12 All purchases over Five Thousand and No/I 00 Dollars ($5,000.00), and certain
13 purchases under Five Thousand and Noll 00 Dollars ($5,000.00) including but not limited to fans,
14 calculators, cameras and other sensitive items as determined by COUNTY's DSS Director or designee
15 made during the life of this Agreement shall be identified as fixed assets with an assigned COUNTY
16 Accounting Inventory Number. These fixed assets shall be retained by COUNTY, as COUNTY
1 7 property, in the event this Agreement is terminated or upon expiration of this Agreement. The
18 CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed assets and shall be
19 physically present when fixed assets are returned to COUNTY possession at the termination or
2 0 expiration of this Agreement.
21 38. COMPLIANCE WITH ST A TE REQUIREMENTS
2 2 CONTRACTOR recognizes that the State of California partially fund services provided
2 3 under the terms and condition of this Agreement and as such, the State imposes certain requirements on
2 4 the COUNTY and its subcontractors. CONTRACTOR shall adhere to all State requirements, by this
2 5 reference incorporated herein.
26 39. COMPLIANCE WITH FEDERAL REQUIREMENTS
2 7 CONTRACTOR recognizes that COUNTY recognizes Federal funds partially fund
2 8 services provided under the terms and condition of this Agreement and as such, the Federal government
-21 -COUNTY OF FRESNO
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1 imposes certain requirements on the COUNTY and its subcontractors. CONTRACTOR shall adhere
2 to all Federal requirements, by this reference incorporated herein.
3 40. DISCLOSURE OF SELF-DEALING TRANSACTIONS
4 This provision is only applicable if CONTRACTOR is operating as a corporation (a for-
5 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
6 status to operate as a corporation.
7 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
8 transactions that they are a party to while CONTRACTOR is providing goods or performing services
9 under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
10 is a party and in which one or more of its directors has a material financial interest. Members of the
11 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
12 and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
13 reference incorporated herein, and submitting it to COUNTY prior to commencing with the self-
14 dealing transaction or immediately thereafter.
15 41. AUDITS AND INSPECTIONS
16 CONTRACTOR shall at any time during business hours, and as often as COUNTY may
1 7 deem necessary, make available to COUNTY for examination all of its records and data with respect
18 to the matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY, permit
19 COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's
2 O compliance with the terms of this Agreement.
21 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
2 2 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
2 3 General for a period of three (3) years after final payment under contract (California Government
2 4 Code section 8546.7).
2 5 In addition, CONTRACTOR shall cooperate and participate with COUNTY's fiscal
2 6 review process and comply with all final determinations rendered by the COUNTY's fiscal review
2 7 process. If COUNTY reaches an adverse decision regarding CONTRACTOR's services to
2 8 consumers, it may result in the disallowance of payment for services rendered, or in additional
-22 -COUNTY OF FRESNO
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1 controls to the delivery of services, or in the termination of this Agreement, at the discretion of
2 COUNTY's DSS Director or designee. If as a result ofCOUNTY's fiscal review process a
3 disallowance is discovered due to CONTRACTOR's deficiency, CONTRACTOR shall be financially
4 liable for the amount previously paid by COUNTY to CONTRACTOR and this disallowance will be
5 adjusted from CONTRACTOR's future payments, at the discretion of COUNTY's DSS Director or
6 designee. In addition, COUNTY shall have the sole discretion in the determination of fiscal review
7 outcomes, decisions and actions.
8 42. NOTICES
9 The persons having authority to give and receive notices under this Agreement and their
10 addresses include the following:
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Director, County of Fresno
Department of Social Services
PO BOX 1912
Fresno, CA 93718-1912
CONTRACTOR
Chief Executive Officer
Focus Forward
3333 E. American Ave. Suite B
Fresno, CA 93725
15 43. CHANGE OF LEADERSHIP I MANAGEMENT
16 Any and all notices between COUNTY and CONTRACTOR provided for or permitted
1 7 under this Agreement or by law, shall be in writing and shall be deemed duly served when personally
18 delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
19 Mail, postage prepaid, addressed to such party.
2 0 In the event of any change in the status of CONTRACTOR'S leadership or
21 management, CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from
2 2 the date of change. Such notification shall include any new leader or manager's name, address and
2 3 qualifications. "Leadership or management" shall include any employee, member, or owner of
2 4 CONTRACTOR who either a) directs individuals providing services pursuant to this Agreement, b)
2 5 exercises control over the manner in which services are provided, or c) has authority over
2 6 CONTRACTOR's finances.
27 44. GOVERNING LAW
28 The parties agree, that for the purposes of venue, performance under this Agreement is
-23 -COUNTY OF FRESNO
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1 to be in Fresno County, California.
2 The rights and obligations of the parties and all interpretation and performance of this
3 Agreement shall be governed in all respects by the laws of the State of California.
4 45. ENTIRE AGREEMENT
5 This Agreement, including all Exhibits, COUNTY's RFP No. 952-5429 and
6 CONTRACTOR's response thereto, constitutes the entire agreement between CONTRACTOR and
7 COUNTY with respect to the subject matter hereof and supersedes all previous agreement
8 negotiations, proposals, commitments, writings, advertisements, publications, and understandings of
9 any nature whatsoever unless expressly included in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first hereinabove written.
ATTEST:
COUNTY OF FRESNO
Byf: ~~~
Ernest BuddJMefldeS:airman and/or
Brian Pacheco, Vice-Chairman
PrintName:~ ~ Board of Supervisors
Title: J50fs-\U) ~?
Chairman of the Board, or
President, or any Vice President
By~~
Print Name: (//Janna. Za,mo1'tl
Title: /nhi/1/\ &-0
Secretary (of Corporation), or
any Assistant Secretary, or
Chief Financial Officer, or
any Assistant Treasurer
Date: _(p--i~c........:..../i_O...L.-/.:......:::/ 0=---
Mailing Address:
3333 E. American Ave. Suite B
Fresno, CA 93725
Phone No.: (559) 600-496 I
Contact: Coreen Campos
BERNICE E. SEIDEL, Clerk
Board of Supervisors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-25 -COUNTY OF FRESNO
Fresno, Cr\
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APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
APPROVED AS 0 COUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
REVIEWED AND RECOMMENDED
FOR APPROVAL:
Fund/Subclass: 0001I10000
Organization: 56107460
Account/Program: 7870/0
27 DEN:sv
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-26 -C:OUN'fY OF FRESNO
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SUMMARY OF SERVICES
ORGANIZATION: Focus Forward
PROGRAM NAME: Bright Futures
Exhibit A
Page 1 of 4
SERVICE: Parent Education Classes: Nurturing Parenting for Parents
and Adolescents
OFFICE ADDRESS: 3333 E. American Ave. Suite 8, Fresno, CA 93725
OFFICE TELEPHONE: (559) 600-4961
CONTACT(S): Coreen Campos, Chief Executive Officer
Joanna Zamora, Program Manager
CONTRACT PERIOD: Effective Upon Execution -June 30, 2017
July 1, 2017 -June 30, 2018
July 1, 2018 -June 30, 2019
July 1, 2019 -June 30, 2020
July 1, 2020 -June 30, 2021
AMOUNT: $90,771 each twelve (12) month period
A. SUMMARY OF SERVICES
CONTRACTOR shall provide parent education classes, utilizing the Nurturing
Parenting Program for Parents and Adolescents, to families and their children at risk
of abuse or neglect referred by DSS. Parent education classes focus on enhancing
parenting practices and behaviors, such as developing and practicing positive
discipline techniques, learning age-appropriate child development skills and
milestones, and promoting positive play and interaction between parents and
children. Services are intended to strengthen parental capacity surrounding age-
appropriate expectations, enhance the safety of children from child abuse and
neglect, reinforce positive parenting and strengthen parent-child. relationships to
create healthier families.
Program services shall be for a maximum of twelve (12) weeks for each parent.
Services will be offered in four (4) cohorts in English and Spanish. Services will be
provided throughout various community locations.
B. TARGET POPULATION
1. Parents (mothers and fathers) with children ages 12-17 who are high risk of child
abuse or neglect; and
Exhibit A
Page 2 of 4
2. Families who are involved in the DSS Family Reunification (FR) Program and/or
other DSS programs.
C. REFERRALS
1. DSS will prioritize referrals to CONTRACTOR for families with children ages 12-
17 years old; however, families with children of other ages at risk of abuse or
neglect may also be referred to CONTRACTOR.
D. CONTRACTOR's RESPONSIBILITIES
1. Serve an estimated maximum of 40 unduplicated parents for each twelve (12)
month term of this Agreement.
2. Provide four (4) cohorts in English and Spanish. Services will be provided
throughout various community locations.
3. Work closely with DSS to coordinate and implement program services on a
staggered schedule in order to accommodate parents entering Child Welfare
Services (CWS) throughout the year.
4. Provide weekly parent education classes according to cohort schedules.
5. Provide weekly, monthly and final written progress reports for each parent served
by a date and in a format mutually agreed to by CONTRACTOR and DSS, to the
DSS Social Worker or designated contact. Progress Reports shall include, but
are not limited to:
• Date of referral;
• Class begin date;
• Expected end date;
• Number of sessions CONTRACTOR has offered;
• Number of sessions attended, date of classes and reason if classes were
not attended, if applicable;
• Results of all pre and post-assessments, and evaluations completed;
• Narrative of parent progress;
• Reason for termination, if applicable;
• Copies of certificates of completion from classes, if applicable;
• Date of completion.
6. Complete standardized pre and post-assessments of family functioning using the
Adult Adolescent Parenting Inventory (AAPI) tool for each enrolled parent.
Results shall be provided to the DSS Social Worker within thirty (30) days of
pre/posttest completion.
Exhibit A
Page 3 of 4
7. Complete the standardized child development evaluations [Ages and Stages
Questionnaire (ASQ) and Ages and Stages Social and Emotional (ASQ-SE)] for
each referred child. Results shall be provided to the assigned Social Worker
within thirty (30) days of evaluation completion.
8. Have Supervisory and/or Management staff participate in DSS meetings to
discuss program and/or contractual issues. DSS shall coordinate the meetings.
9. Maintain regular, on-going contact with the assigned DSS Social Worker to
discuss family progress, case/service plan coordination, problem solving and any
other issues which may need to be discussed.
E. CONTRACTOR's STAFF
1. CONTRACTOR shall maintain sufficient qualified, bilingual and bicultural staff to
serve DSS clients and demonstrate a commitment to quality care and cultural
competency.
2. CONTRACTOR's facilitator shall be professionals/clinicians or paraprofessionals
in fields such as social work, education, recreation and psychology who have
undergone the selected parent education curriculum facilitator training and have
related experience.
3. CONTRACTOR shall maintain staffing in accordance with Exhibit B, Budget
Summary.
4. Additions, deletions or other changes to CONTRACTOR's staff shall be approved
by DSS prior to implementing staff changes. CONTRACTOR shall submit a
budget modification form indicating the changes and related dollar amounts.
5. CONTRACTOR shall provide training opportunities to staff, as needed, to
improve and maintain outcomes, skills, best practice and cultural competency.
F. REPORTS
1. CONTRACTOR shall submit the Monthly Activity Report (MAR) by the 151h of
each month, attached with the monthly invoice, detailing outcomes, program
milestones and demographic data. Form and detail shall be determined by DSS
with input from CONTRACTOR, no later than August 30, 2016.
2. CONTRACTOR shall submit a weekly report detailing client progress after each
class. Form and detail shall be determined by DSS with input from
CONTRACTOR, no later than August 30, 2016.
Exhibit A
Page 4 of 4
3. CONTRACTOR shall submit a monthly progress report for each parent. Form
and detail shall be determined by DSS with input from CONTRACTOR, no later
than August 30, 2016.
4. CONTRACTOR shall submit a final progress report for each parent. Form and
detail shall be determined by DSS with input from CONTRACTOR, no later than
August 30, 2016.
G. OUTCOMES
Identified Goals and Outcomes are considered preliminary and may be modified, by
mutual consent, by CONTRACTOR and DSS during the contract term.
1. Long-Term Goal 1:
Outcome 1:
Outcome 2:
Outcome 3:
Cultivate strong parent/child relationships
that have positive impacts on families and reduce the
risk of child abuse or neglect.
Parents improve their parenting skills and knowledge
of child development.
Teens (parenting and non-parenting) report
improvement in the parent-child relationship.
Teens (parenting and non-parenting) demonstrate
improved self-esteem, pro-social behavior, and school
experiences.
H. COUNTY'S RESPONSIBILITIES
1. DSS shall communicate to CONTRACTOR in writing changes in Social Worker
assignments to client family within ten (10) working days of such change. Email
notification is acceptable.
2. DSS staff will participate in monthly meetings with CONTRACTOR to discuss
program and/or contractual issues. DSS will be responsible for coordination of
these meetings.
3. DSS Social Worker shall maintain regular, on-going contact to discuss family
progress, case/service plan coordination and problem solving with
CONTRACTOR, as mutually deemed needed.
4. DSS shall include CONTRACTOR's staff in DSS trainings that are relevant to the
services as described in the term and conditions of this Agreement, if there is
sufficient space available, at no cost.
BUDGET SUMMARY
VENDOR NAME:
PROGRAM NAME:
CONTRACT PERIODS:
CATEGORY
Salaries
Payroll Taxes
Benefits
SERVICES & SUPPPLIES
Insurance
Communications
Office Expense
Equipment
Facilities
Travel Costs
Program Supplies
Consultancy/Subcontracts
Fiscal & Audits
Training
Indirect Costs
Focus Forward
Exhibit B
Page 1 of7
Parent Education Programs: Nurturing Parenting for Parents and
Adolescents
Effective Upon Execution -06/30/2017
07/01/2017 -06/30/2018
07/01/2018 -06/30/2019
07/01/2019 -06/30/2020
07/01/2020 -06/30/2021
BUDGET ITEM #
0100
0150
0200
SUBTOTAL
0250
0300
0350
0400
0450
0500
0550
0600
0650
0660
0700
SUBTOTAL
TOTAL
TOTAL
$ 37,439
$ 3,785
$ 3,898
$ 45,122
$ 2,469
$ 1, 180
$ 2,964
$ 3,000
$ 6,900
$ 1,320
$ 9,050
$ 2,800
$ 1,700
$ 650
$ 13,616
$ 45,649
$ 90,771
BUDGET PERSONNEL DETAIL
VENDOR NAME: Focus Forward
Exhibit B
Page 2 of7
PROGRAM NAME: Parent Education Programs: Nurturing Parenting for Parents and
Adolescents
SALARIES
% of Time on Monthly Salary I Salary I Wages
Position #of Months Funds Project Hourly Wages Requested
Parent Educator 100% 12 $ 3, 120 p/m $ 37,439
Total Salaries I Wages: $ 37,439
PAYROLL TAXES
Item Total
FICA (7.65%) $ 2,864
SUI (5.4%) x $7,000 $ 378
Medicare (1.45%) $ 543
Total Payroll Taxes $ 3,785
BENEFITS (Health Ins; Life Ins; Retirement; Other Benefits)
Benefit Item (Calculation) Total
Health Ins; Dental Ins ($200 I Month) $ 2,400
Retirement (4%) $ 1,498
Total Benefits $ 3,898
Total Salaries, Payroll Taxes and Benefits $ 45,122
Exhibit B
Page 3 of 7
BUDGET DETAIL (Services and Supplies)
VENDOR NAME:
PROGRAM NAME:
BUDGET LINE ITEM
0250
0300
0350
0400
0450
0500
0550
Central Valley Children's Services Network
Parent Education Programs: Nurturing Parenting for Parents and
Adolescents
CATEGORY & DESCRIPTION I CALCULATION SUBTOTAL TOTAL
Insurance
General Liability, pro rata share $ 929
Directors & Officers, pro rata share $ 750
Property, pro rata share $ 266
Worker's Compensation @1.4% of salaries $ 524 $ 2,469
Communications
One-time Phone Costs @$100 $ 100
Monthly Service Charge @$90/month, 12 months $ 1,080 $ 1,180
Office Expense
General office supplies @$247/month, 12 months $ 2,964 $ 2,964
Equipment
Laptop, Projector and Screen. $ 1,200
Office Furniture (Filing Cabinet, Storage Cabinet,
etc.) $ 1,800 $ 3,000
Facilities Costs
RenUroom reservation for the 12-mo. Term $ 6,000
Utilities pro rata share @$75/month, 12 months $ 900 $ 6,900
Travel Cost
Mileage @.55/mile (follow federal rate),
200miles/month, 12 months $ 1,320 $ 1,320
Program Supplies
NP Workbooks @$15/each, 40 families (total 60 $900
books)
Evaluation Surveys @$150/60 evaluations $150
Healthy Snacks for classes @$200 per group
series, 6 groups $1,200
Easels @100 each $200
Pens, Folders, Easel Pads & Markers @100/group,
6 groups $600
Supportive Services@ $150/family, 40 families.
Amount is an average per family, some families
may require more, some less (i.e. gas cards, bus
tokens, child safety products, translation services,
baby supplies, etc.) $6,000 $9,050
0600 Consultancy/Subcontracts
Stipends for Interns/Co-facilitators
@$700/NPw/Adol. group, 4 groups
0650 Fiscal & Audits
Accounting pro·rata share @100/month, 12 months
Audit, pro rata share @ $500
0660 Training
Nurturing Parenting @$260 for 2.5 staff
0700 Indirect Costs
15%
TOT AL EXPENSES:
$2,800
$1,200
$500
$ 650
$ 13,616
$ 45,649
Exhibit B
Page 4 of 7
$2,800
$ 1,700
$ 650
$ 13,616
$ 45,649
BUDGET DETAIL NARRATIVE
VENDOR NAME:
PROGRAM NAME:
SALARIES
Focus Forward
Exhibit B
Page 5 of7
Parent Education Programs: Nurturing Parenting for Parents and
Adolescents
(1) 100% of Full-time Parent Educator: $37,439
Focus Forward will hire one (1) full-time Parent Educator who will implement services (facilitate
parenting group sessions, write case notes for each client, collect data, etc.) and coordinate our out-of-
custody space where most of the services will take place.
SALARY TAXES
Payroll Taxes for this position includes FICA (Federal Insurance Contributions Act), SUI (State
Unemployment Insurance) and Medicare withholding. Total tax expenses for each year are $3,785.
BENEFITS
Employer benefit expenses for this position include a $200 monthly allowance toward health premiums
and up to 4% match for retirement. With maximum participation, benefit expenses each year is $3,898.
INSURANCE
Insurance costs include General Liability, Property, Directors and Officers and Worker's Compensation.
A pro rata share of the premiums for General Liability, Directors and Officers and Property are included.
Additionally, Worker's Compensation is included in this line item and is calculated as 1.4% of personnel
salaries. Total expenses for Insurance costs are $2,469.
COMMUNICATION
Expenses in this line item include the one-time cost for a mobile phone the Parent Educator and the
associated monthly service charges. The phone purchase is estimated to be no more than $100. The
monthly service charge is calculated at Focus Forward's current rate at $90 per month. The total
expenses for Communications to $1, 180.
OFFICE EXPENSE
Office supplies will include miscellaneous office needs such as pens, scissors, staplers, hole punchers,
desk organizers, paper, printer ink, etc. It is estimated these costs will average $247 per month. Total
expenses for the 12-month period are $2,964.
EQUIPMENT
To conduct multiple parenting groups at once, a laptop, projector and/or projector screen will be needed.
It is estimated Focus Forward will need no more than $1,200 for equipment needs as well as any
necessary accessories (laptop bag, connection cords, etc.) Office furniture will also be purchased to
support the program (i.e. filing and storage cabinets, etc.). The total expenses for this line item is $3,000.
FACILITIES COST
Exhibit B
Page 6 of 7
Focus Forward understands the importance of being accessible to clients and is therefore working on
acquiring space in the community to supplement its existing space at the Juvenile Justice Campus. We
also know that any space we acquire may not be accessible for every single client as parents are located
throughout our vast county. For this reason, we also plan to use this line item as needed to pay for space
in other areas of the county to provide parenting services. We estimate needing $6,000 each year to pay
for rent of our own space as well as room rental fees for space in other parts of the community. Utility
expenses are also included in this line item at a pro rata share of $75 per month. Total expenses for
Facilities is $6,900 each fiscal year.
TRAVEL COST
Understanding DSS referred families come from all around Fresno County, Focus Forward has included
mileage costs for the proposed program. At 55 cents per mile and allowing for 200 miles each month,
mileage expenses are calculated to be $1,320 each fiscal year.
PROGRAM SUPPLIES
Program supplies will include all expenses incurred through implementation of the parenting curricula,
Nurturing Parenting. Parent workbooks at $15 each and evaluation surveys for clients receiving Nurturing
Parenting are also included for an estimated 60 families for a total of $1,050 for both evaluations ($150)
and workbooks ($900). Although the goal is to serve 40 families, we are including costs for 60 families as
we anticipate some parents may not complete the program for various reasons. Likewise, this budget
reflects the cost of six parenting groups. Healthy snacks for groups sessions are included and calculated
at $200 per group. For six groups, this cost is $1,200 for the 12-month period. Two easels will be
purchased at no more than $100 per easel for a total of $200. In addition, supplies such as pens, folders,
etc. for all families is calculated at $100 per group. For six groups, this cost comes to $600. Lastly,
supportive services and/or small incentives are included in this line item to cover real needs of clients
such as diapers, food, clothing, translation services, bus tokens, etc. This item is calculated at $150 per
family. For 40 families estimated to be served, this cost comes to $6,000 for the 12-month period.
Additional costs to support families for real needs such as these will be provided in-kind by Focus
Forward, as needed. Total expenses for all Program Supplies is $9,050.
CONSULTANCY/SUBCONTRACTS
To support the implementation of group sessions, we are including stipends for our interns/volunteers
who are qualified and capable to co-facilitate and provide logistical support during the sessions. Four of
the six 12-week groups will utilize stipend interns who will receive $700 each. Total expenses for this line
item are $2,800.
FISCAL & AUDITS
Pro rata share for accounting services at $100 per month and pro rata share for audit needs at $500 per
year are included in this line item. Total expenses for this line item are $1,700 each fiscal year.
TRAINING
The Parent Educator as well as leveraged staff from other programs will be trained in Nurturing Parenting.
Training costs for the Nurturing Parenting curriculum is $260 per staff member. Training will be provided
to three staff and the cost of one staff will be shared by leveraging other funding. Total Training expenses
for the 12-month period is $650.
INDIRECT COSTS
Exhibit B
Page 7 of 7
This line item is used to cover all corporate overhead associated with this program including, but not
limited to, pro rata share of CEO time, additional insurance needs, security measures, board of director
costs, marketing needs and payroll services. Additionally, funding from this line item will allow for
flexibility in meeting client needs for unanticipated supportive services, program expenses and overtime
costs. Total expense is $13,616 and accounts for 15.0% of total program budget.
Exhibit C
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/ Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction i.s consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: I I Date:
I
Exhibit D
NOTICE OF CHILD ABUSE REPORTING LAW
The undersigned hereby acknowledges that Penal Code section 11166 and the
contractual obligations between County of Fresno (COUNTY) and FOCUS FORWARD
(CONTRACTOR), require that the undersigned report all known or suspected child abuse
or neglect to one or more of the agencies set forth in Penal Code (P.C.) section(§)
11165.9.
For purposes of the undersigned's child abuse reporting requirements, "child
abuse or neglect" includes physical injury inflicted by other than accidental means upon a
child by another person, sexual abuse as defined in P .C. § 11165. I, neglect as defined in
P.C. §11165.2, willful cruelty or unjustifiable punishment as defined in P.C. §11165.3,
and unlawful corporal punishment or injury as defined in P.C. § 11165.4.
A child abuse report shall be made whenever the undersigned, in his or her
professional capacity or within the scope of his or her employment, has knowledge of or
observes a child whom the undersigned knows or reasonably suspects has been the victim
of child abuse or neglect. (P.C § 11166.) The child abuse report shall be made to any
police department or sheriffs department (not including a school district police or
security department), or to any county welfare department, including Fresno County
Department of Social Services' 24 Hour CARELINE. (See PC §11165.9.)
For purposes of child abuse reporting, a "reasonable suspicion" means that it is
objectively reasonable for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing, when appropriate, on his or her
training and experience, to suspect child abuse or neglect. The pregnancy of a child does
not, in and of itself, constitute a basis for reasonable suspicion of sexual abuse. (P.C.
§l l 166(a)(l).)
Substantial penalties may be imposed for failure to comply with these child abuse
reporting requirements.
Further information and a copy of the law may be obtained from the County of
Fresno Department head or designee.
I have read and understand the above statement and agree to comply with the child abuse
reporting requirements.
SIGNATURE DATE