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Agreement No.16-408
AGREEMENT
2 THIS AGREEMENT is made and entered into this 21st day of June ,2016,by and
3 between the COUNTY OF FRESNO,a Political Subdivision of the State of California,hereinafter
4 referred to as "COUNTY",and FRESNO COUNCIL ON CHILD ABUSE PREVENTION,a
5 nonprofit corporation,whose address is 924 N.Van Ness Avenue,Fresno,CA 93728,hereinafter
6 referred to as "CONTRACTOR"(collectively referred to as the "parties").
7 WIT N E SSE T H:
8 WHEREAS,California's State Legislature has enacted the Child Abuse Prevention
9 Coordinating Council Act (Welfare and Institutions Code Chapter 12.5 Section 18980 et.seq.)with the
10 intent to fund child abuse prevention councils in each county (Welfare and Institutions Code 18981.1
11 and 18982);and
12 WHEREAS,the COUNTY has designated CONTRACTOR as the local child abuse prevention
13 council for Fresno County pursuant to Welfare and Institutions Code 18965;and
14 WHEREAS,COUNTY,through its Department of Social Services (DSS),desires to engage the
15 CONTRACTOR to operate a child abuse prevention council to coordinate the community's efforts to
16 prevent and respond to child abuse pursuant to Welfare and Institutions Code 18982.2;and
17 WHEREAS,CONTRACTOR,is qualified and willing to provide the type of services as
18 intended by the Child Abuse Coordinating Council Act;and
19 WHEREAS,Welfare and Institutions Code 18983 provides that each county shall fund child
20 abuse prevention coordinating councils from the county's children's trust fund.
21 NOW,THEREFORE,in consideration of their mutual covenants and conditions,the parties:
22 hereto agree as follows:
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1.SERVICES
The obligations of the CONTRACTOR shall include;
A.Providing a forum for interagency cooperation and coordination in the
2 6 prevention,detection,treatment,and legal processing of child abuse cases.
27 Promoting public awareness of the abuse and neglect of children and theB.
28 resources available for intervention and treatment.
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D.
2 and prevention of child abuse and neglect.
Encouraging and facilitating training of professionals in the detection,treatment,C.
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E.
Recommending improvements in services to families and victims of child abuse.
Encouraging and facilitating community support for child abuse and neglect4
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6 2.REPRESENTATION ON FRESNO COUNCIL ON CHILD ABUSE
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A.
programs.
7 PREVENTION
8 Throughout the term of this Agreement,the membership of the CONTRACTOR shall be
9 consistent with Welfare and Institutions Code section 18982.1 Emphasis shall be given to having
10 representation from the following public and COUNTY agencies:
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B.
Public child welfare services,including the following:
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COUNTY Department of Social Services
COUNTY Probation Department
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Licensing agencies
The criminal justice system,including the following:
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Law enforcement
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The office of the District Attorney
The Courts
The Coroner
Prevention and treatment services communities,including the following:
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Medical and mental health services
Community-based social services
Public and private schools
Community representatives,including the following:
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Community volunteers
Civic organizations
28 Other agencies,as specified in CONTRACTOR's 501(c)(3)by-laws may also be included as members
The religious community
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of the CONTRACTOR.
3.INTERAGENCY COORDINATION
CONTRACTOR shall develop and maintain a protocol for interagency coordination and
provide yearly reports to the COUNTY Board of Supervisors.
4.ADMINISTRATION
This Agreement shall be administered for the COUNTY by the Department of Social
Services Director,or designee.
5.TERM
The term of this Agreement shall be for a period of three (3)years,commencing on the
July 1,2016,through and including June 30,2019.This agreement may be extended for two (2)
additional consecutive twelve (12)month periods upon written approval of both parties no later than
thirty (30)days prior to the first day of the next twelve (12)month extension period.The Director of
the Department of Social Services or designee is authorized to execute such written approval on behalf
of COUNTY based on CONTRACTOR's satisfactory performance.
'6.TERMINATION
A.Non-Allocation of Funds -The terms of this Agreement,and the services to be
provided thereunder,is contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated,the services provided may be modified,or this Agreement
terminated at any time by giving the CONTRACTOR thirty (30)days advance written notice.
B.Breach of Contract -The COUNTY may immediately suspend or terminate this
Agreement in whole or in part,where in the determination of the COUNTY there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to the
COUNTY;
4)Improperly performed service
In no event shall any payment by the COUNTY constitute a waiver by the
COUNTY of any breach of this Agreement or any default which may then exist on the part of the
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1 CONTRACTOR.Neither shall such payment impair or prejudice any remedy available to the
2 COUNTY with respect to the breach or default.The COUNTY shall have the right to demand of the
3 CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR under
4 this Agreement,which in the judgment of the COUNTY were not expended in accordance with the
5 terms of this Agreement.The CONTRACTOR shall promptly refund any such funds upon demand,or
6 at COUNTY'S option,such repayment shall be deducted from future payments owing to
7 CONTRACTOR under this Agreement.
8 C.Without Cause -Under circumstances other than those set forth above,this
9 Agreement may be terminated by CONTRACTOR or COUNTY,or COUNTY's DSS Director,or
10 designee,upon the giving of thirty (30)days advance written notice of an intention to terminate.
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7.ALLOCATION OF FUNDS
A.Monthly Payment -With the term beginning July 1,2016,COUNTY shall pay
13 to CONTRACTOR the available accrued funds in the COUNTY Children's Trust Fund for Birth
14 Certificate and Kids Plate.The payments shall consist only of the available money deposited in the
15 Children's Trust Fund for Birth Certificates and the Kid's Plate.COUNTY shall use reasonable efforts
16 to make monthly payments within forty-five (45)days following the end of each month.In no event
1 7 shall COUNTY pay any amount to CONTRACTOR in excess of such available in the Children's Trust
18 Fund Birth Certificate and Kids Plate funding.COUNTY makes no guarantee of funds or amount of
19 funds available in the Children's Trust Fund Birth Certificates and Kid's Plate.
20 B.Termination or Expiration -In the event that this Agreement expires or is
21 terminated without cause during a monthly payment,COUNTY shall pay only those funds accrued up
22 to the date of termination or expiration.In the event that COUNTY terminates for breach,COUNTY
23 reserves all rights to withhold any and all payment in response to such breach by CONTRACTOR.
24 8.MATCH
25 CONTRACTOR shall make a cash and/or in-kind match from Non-California
26 Department of Social Services sources in an amount equal to,or more than,thirty-three and one-third
27 (33.33)percent ofthe amount of funds provided for the program identified herein.Contractor will
28 include the thirty-three and one-third (33.33)percent cash match for each month of each twelve (12)
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1 month period of this Agreement.The thirty-three and one-third (33.33)percent match shall be shall
2 be internally deducted monthly from cash donated from fundraisers held by Contractor.
9.MODIFICATION
4 Any matters of this Agreement may be modified from time to time by the written
5 consent of all the parties without,in any way,affecting the remainder.
6 Where it is determined by COUNTY that there is a need to make any changes to the
7 project,fiscal procedures and systems,or terms and conditions of this Agreement (including changes
8 necessary to comply with changes in Federal,State or local laws or regulations),refusal by
9 CONTRACTOR to accept any such changes is grounds for termination of this Agreement.
10 10.INDEPENDENT CONTRACTOR
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11 In performance of the work,duties,and obligations assumed by CONTRACTOR under
12 this Agreement,it is mutually understood and agreed that CONTRACTOR,including any and all of
13 CONTRACTOR's officers,agents,and employees will at all times be acting and performing as an
14 independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,
15 employee,joint venture,partner,or associate of COUNTY.Furthermore,COUNTY shall have no
16 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
1 7 its work and function.However,COUNTY shall retain the right to administer this Agreement so as to
18 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
19 thereof.CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
20 rules and regulations,if any,of governmental authorities having jurisdiction over matters which are
21 directly or indirectly the subject of this Agreement.
22 Because of its status as an independent contractor,CONTRACTOR shall have
23 absolutely no right to employment rights and benefits available to COUNTY employees.
24 CONTRACTOR shall be solely liable and responsible for providing to,or on behalf of,its employees
25 all legally-required employee benefits.In addition,CONTRACTOR shall be solely responsible and
26 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
27 including compliance with Social Security,withholding,and all other regulations governing such
28 matters.It is acknowledged that during the term of this Agreement,CONTRACTOR may be providing
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1 services to others unrelated to COUNTY or to this Agreement.
11.NON-ASSIGNMENT
3 Neither party shall assign,transfer or sub-contract this Agreement nor their rights or
4 duties under this Agreement without the prior written consent of the other party.
5 12.DISCLOSURE OF SELF-DEALING TRANSACTIONS
6 Thts provision is only applicable if the CONTRACTOR is operating as a corporation (a
7 for profit or non-profit corporation)or if during the term of this Agreement,the CONTRACTOR
8 changes its status to operate as a corporation.
9 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
10 transactions that they are a party to while CONTRACTOR is providing goods or performing services
11 under this Agreement.A self-dealing transaction shall mean a transaction to which the
12 CONTRACTOR is a party and in which one or more of its directors has a material financial interest.
13 Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to
14 by completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit A)and submitting it
15 to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
16 13.HOLD-HARMLESS
17 CONTRACTOR agrees to indemnify,save,hold harmless,and at COUNTY's request,
18 defend COUNTY,their officers,agents and employees from any and all costs and expenses,including
19 attorney fees and court costs,damages,liabilities,claims and losses occurring or resulting to
20 COUNTY in connection with the performance,or failure to perform,by CONTRACTOR,its officers,
21 agents or employees under this Agreement,and from any and all costs and expenses,including
22 attorney fees and court costs,damages,liabilities,claims and losses occurring or resulting to any
23 person,firm or corporation who may be injured or damaged by the performance,or failure to perform,
24 of CONTRACTOR,its officers,agents or employees under this Agreement.In addition,
25 CONTRACTOR agrees to indemnify COUNTY for Federal,State of California and/or local audit
26 exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
27 14.INSURANCE
28 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR
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1 or any third parties,CONTRACTOR,at its sole expense,shall maintain in full force and effect the
2 following insurance policies throughout the term of this Agreement:
A.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.
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B.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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C..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.18
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CONTRACTOR agrees that it shall maintain,at its sole expense,in full force
and effect for a period of three (3)years following the termination of this
Agreement,one or more policies of professional liability insurance with limits of
coverage as specified herein.
D..Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
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25 E.Equipment Insurance
A policy or policies with minimum coverage(s)of Five Thousand Dollars
($5,000)to replace any equipment provided by COUNTY to CONTRACTOR,or
purchased by CONTRACTOR with funds provided through this Agreement,for
CONTRACTOR's use in fulfilling its obligations under this Agreement.Said
policy or policies shall provide coverage(s)against loss of any such equipment
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resulting from casualty such as fire,theft or any other disappearance,and
damage that renders such equipment inoperable and regardless of cause.The
policy or policies shall be endorsed naming County of Fresno as loss payee.2
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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
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concerned.Such coverage for additional insured shall apply as primary insurance and any other
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insurance,or self-insurance,maintained by COUNTY,its officers,agents and employees shall be in
excess only and not contributing with insurance provided under the 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 DSSContractlnsurance@co.fresno.ca.us,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 Liabilityinsurance 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 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;and that this insurance shall not be cancelled or changed without a
minimum of thirty (30)days advance,written notice given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
herein provided,COUNTY may,in addition to other remedies it may have,suspend or terminate this
Agreement upon the occurrence of such event.
Allpolicies shall be with admitted insurers licensed to do business in the State of
California.Insurance purchased shall be from companies possessing a current A.M.Best,Inc.rating
of A FSC VII or better.
1 15.SUBCONTRACTS
2 CONTRACTOR shall obtain prior written approval from COUNTY's Department of
3 Social Services Director,or designee,before subcontracting any of the services to be delivered under
4 this Agreement.Any transferee,assignee,or subcontractor will be subject to all applicable provisions
5 of this Agreement,and all applicable State and Federal regulations.CONTRACTOR shall be held
6 primarily responsible by COUNTY for the performance of any transferee,assignee,or subcontractor
7 unless otherwise expressly agreed to in writing by COUNTY's Department of Social Services
8 Director,or designee.The use of subcontractors by CONTRACTOR shall not entitle CONTRACTOR
9 to any additional compensation than is provided for under this Agreement.
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16.SUPPLANTATION
A.CONTRACTOR shall not supplant any Federal,State or County funds it may be
12 receiving with any funds made available under this Agreement.CONTRACTOR shall not claim
13 reimbursement from COUNTY for,or apply sums received from COUNTY with respect to that
14 portion of its obligations which have been paid by another source of revenue.
15 B.CONTRACTOR agrees that it will not use funds received pursuant to this
16 Agreement,either directly or indirectly,as a contribution or compensation for purposes of obtaining
17 State funds under any State program or COUNTY funds under any COUNTY program without prior
18 written approval of the COUNTY.
19 17.CONFIDENTIALITY
20 All services performed by CONTRACTOR under this Agreement shall be in strict
21 conformance with all applicable Federal,State of California,and/or local laws and regulations relating
22 to confidentiality.
23 18.CONFLICT OF INTEREST
24 No officer,agent,or employee of COUNTY who exercises any function or
25 responsibility for planning and carrying out the services provided under this Agreement shall have any
26 direct or indirect personal financial interest in this Agreement.In addition,no employee of COUNTY
27 shall be employed by CONTRACTOR to fulfill any contractual obligations with COUNTY.
28 CONTRACTOR shall also comply with all Federal,State of California,and local conflict of interest
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3 19.NON-DISCRIMINATION
1 laws,statutes,and regulations,which shall be applicable to all parties and beneficiaries under this
2 Agreement and any officer,agent,or employee of COUNTY.
4 During the performance of this Agreement CONTRACTOR shall not unlawfully
5 discriminate against any employee or applicant for employment,or recipient of services,because of
6 ethnic group identification,gender,gender identity,gender expression,sexual orientation,color,
7 physical disability,mental disability,medical condition,national origin,race,ancestry,marital status,
8 religion,or religious creed,pursuant to all applicable State of California and Federal statutes and
9 20.CHARITABLE CHOICE
10 CONTRACTOR may not discriminate in its program delivery against a client or
11 potential client on the basis of religion or religious belief,a refusal to hold a religious belief,or a
12 refusal to actively participate in a religious practice.Any specifically religious activity or service made
13 available to individuals by CONTRACTOR must be voluntary as well as separate in time and location
14 from COUNTY funded activities and services.CONTRACTOR shall inform COUNTY as to whether
15 it is faith-based.If CONTRACTOR identifies as faith-based it must submit to COUNTY a copy of its
16 policy on referring individuals to an alternate treatment provider,and include a copy of this policy in
17 its client admission forms.The policy must inform individuals that they may be referred to an
18 alternative provider if they object to the religious nature of the program,and include a notice to
19 DSS.Adherence to this policy will be monitored during annual site reviews,and a review of client
20 files.If CONTRACTOR identifies as faith-based,by July 1 of each year CONTRACTOR will be
21 required to report to COUNTY the number of individuals who requested referrals to alternate.
22 providers based on religious objection.
23 21.ACKNOWLEDGEMENT
24 CONTRACTOR shall acknowledge in all public relations activities,materials and
25 publications that .COUNTY are funding sources for services to be provided through this Agreement.
26 22.POLITICAL ACTIVITY
27 None of the funds,materials,property or services provided directly or indirectly under
28 this Agreement shall be used for any political activity,or to further the election or defeat of any
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24.CHILD ABUSE REPORTING
1 candidate for public office.
23.LOBBYING ACTIVITY
3 None of the funds provided under this Agreement shall be used for publicity,
4 lobbying or propaganda purposes designed to support or defeat legislation pending in the Congress of
5 the United States of America or the Legislature of the State ofCalifomia.
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7 CONTRACTOR shall utilize a procedure acceptable to COUNTY to ensure that all of
8 CONTRACTOR's employees,volunteers,consultants,subcontractors or agents performing services
9 under this Agreement shall report all known or suspected child abuse or neglect to one or more of the
10 agencies set forth in Penal Code section 11165.9.This procedure shall include having all of the
11 CONTRACTOR's employees,volunteers,consultants,subcontractors or agents performing services
12 under this Agreement sign a statement that he or she knows of and will comply with the reporting
13 requirements set forth in Penal Code section 11166.The statement to be utilized by CONTRACTOR
14 is set forth in Exhibit B,Notice of Child Abuse Reporting Law,attached hereto and by this reference
15 incorporated herein.
16 25.PERSONNEL LIMITATIONS
17 CONTRACTOR shall not knowingly employ in any capacity paid or volunteer,any
18 person who has been convicted or arrested and released on bailor his or her own recognizance
19 pending trail,on any charges involving sex crimes,illegal use or possession of drugs,or crimes of
20 violence.
21 26.STATE ENERGY CONSERVATION
22 CONTRACTOR must comply with the mandatory standard and policies relating to
23 energy efficiency which are contained in the State Energy Conservation Plan issued in compliance
24 with 42 United States (US)Code sections 6321,et.seq.
25 27.GRIEVANCES
26 CONTRACTOR shall establish procedures for handling client complaints and/or
27 grievances.Such procedures will include provisions for informing clients of their rights to a State
28 Hearing to resolve such issues.
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31.COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
28.PROPERTY OF COUNTY
2 Any documents provided by COUNTY to CONTRACTOR during the performance of
3 this Agreement shall be returned to COUNTY in a satisfactory condition,at the request of COUNTY,
4 by CONTRACTOR upon the expiration or termination of this Agreement.All reports/documents
5 prepared by CONTRACTOR,pursuant to this Agreement,shall become the property of COUNTY.
6 29.FRATERNIZATION
7 CONTRACTOR shall establish procedures addressing fraternization between
8 CONTRACTOR's staff and clients.Such procedures will include provisions for informing
9 CONTRACTOR's staff and clients regarding fraternization guidelines.
10 30.INTERPRETATION 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 applicable to this Agreement,to ensure compliance.
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14 The parties,their officers,consultants,subcontractors,agents and employees shall
15 comply with all applicable State,Federal and local laws and regulations governing projects that
16 utilize Federal Funds.
17 32.RECORDS
18 Record Establishment and MaintenanceA.
19 CONTRACTOR shall establish and maintain records in accordance with those
20 requirements prescribed by COUNTY and communicated in writing to CONTRACTOR with respect
21 to all matters covered by this Agreement.CONTRACTOR shall retain all fiscal books,account
22 records and client files for services performed under this Agreement for four (4)years from date of
23 final payment under this Agreement or until all State and Federal audits are completed for that fiscal
24 year,whichever is later.
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Cost DocumentationB.
1)CONTRACTOR shall furnish to COUNTY such statements,records,
27 data and information as COUNTY may request pertaining to matters covered by this Agreement.In
28 the event that CONTRACTOR fails to provide reports as provided herein,it shall be deemed
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2 2)COUNTY shall notify CONTRACTOR in writing within thirty (30)
1 sufficient cause for COUNTY to withhold payments until compliance is established.
3 days of any potential State or Federal audit exception discovered during an examination.Where
4 findings indicate that program requirements are not being met by CONTRACTOR and State or
5 Federal participation in this program may be imperiled in the event that corrections are not
6 accomplished by CONTRACTOR within thirty (30)days of receipt of such notice from COUNTY,
7 written notification of the findings shall constitute COUNTY's intent to terminate this Agreement.
8 C.Service Documentation
9 CONTRACTOR agrees to maintain records to verify services under this
10 Agreement including names and addresses of clients served,the date of service and a description of
11 services provided on each occasion.These records and any other document pertaining in whole or in
12 part to this Agreement shall be clearly identified and readily accessible.
13 D.Use of Data
14 CONTRACTOR shall grant to COUNTY,and the United States Department of
15 Health and Human Services the royalty-free,nonexclusive and irrevocable license throughout the
16 world to publish,translate,reproduce,deliver,perform,dispose of,duplicate,use,and/or disclose in
1 7 any manner and for any purpose whatsoever and to authorize others to do so,all subject data now or
18 hereafter covered by copyright.CONTRACTOR shall exert all reasonable effort to advise COUNTY
19 at time of delivery of subject data furnished under this Agreement,of all possible invasions of the
20 right of privacy therein contained,and of all portions of such subject data copied from work not
21 composed or produced in the performance of this Agreement and not licensed under this provision.
22 As used in this clause,the term "Subject Data"means writing,sound
23 recordings,picto:ial reproductions,drawings,designs or graphic representations,procedural manuals,
24 forms,diagrams,work flow charts,equipment descriptions,data files and data processing of
25 computer programs,and works of any similar nature (whether or not copyrighted or copyrightable)
26 which are first produced or developed under this Agreement by or for CONTRACTOR.The term
27 does not include financial reports,cost analyses and similar information incidental to contract
28 administration.
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1 CONTRACTOR shall report to COUNTY promptly and in written detail,each notice
2 of claim of copyright infringement received by CONTRACTOR with respect to all subject data
3 delivered under this Agreement.CONTRACTOR shall not affix any restrictive markings upon any
4 data.lfmarkings are affixed,COUNTY shall have the right at any time to modify,remove,
5 obliterate or ignore such markings.
6 COUNTY shall have access to any report,preliminary findings or data assembled by
7 CONTRACTOR under this Agreement.In addition,CONTRACTOR must receive written
8 permission from COUNTY prior to publication of any materials developed under this Agreement and
9 file with COUNTY a copy of all educational and training materials,curricula,audio/visual aids,
10 printed material and periodicals,assembled pursuant to this Agreement prior to publication.
11 33.SINGLE AUDIT CLAUSE
12 CONTRACTOR agrees to provide a copy of its audit report,performed in accordance
13 with the requirements of the Single Audit Act of 1984 (31 USC section 7502)and subject to the terms
14 of Office of Management and Budget (OMB)Circulars (A-110,A-I22 and A-133),to COUNTY.
15 Such audit shall be delivered to COUNTY,for review not later than nine (9)months after the close of
16 the CONTRACTOR's fiscal year in which the funds supplied through this Agreement are expended
1 7 and/or received for this program.The audit must include a statement of findings or a statement that
18 there were no findings.If there were negative findings,CONTRACTOR must include a corrective
19 action plan signed by an authorized individual.Failure to comply with the Single Audit Act may
20 result in COUNTY performing the necessary audit tasks,or,at COUNTY's option,contracting with a
21 qualified accountant to perform this audit.All audit costs related to this Agreement are the sole
22 responsibility of CONTRACTOR who agrees to take corrective action to eliminate any material
23 noncompliance or weakness found as a result of such audit.Audit work performed by COUNTY
24 under this paragraph shall be performed only after written notice to CONTRACTOR and billed to
25 CONTRACTOR at COUNTY cost as determined by COUNTY's Auditor-Controller/Treasurer-Tax
26 Collector.
27 34.AUDITS AND INSPECTIONS
28 CONTRACTOR shall at any time during business hours,and as often as COUNTY may
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1 deem necessary,make available to COUNTY for examination all of its records and data with respect
2 to the matters covered by this Agreement.CONTRACTOR shall,upon request by COUNTY,permit
3 COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's.
4 compliance with the terms of this Agreement.
5 If this Agreement exceeds Ten Thousand and Noll 00 Dollars ($10,000.00),
6 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
7 General for a period of three (3)years after final payment under contract (California Government
8 Code section 8546.7).
9 In addition,CONTRACTOR shall cooperate and participate with COUNTY's fiscal
10 review process and comply with all final determinations rendered by the COUNTY's fiscal review
11 process.If COUNTY reaches an adverse decision regarding CONTRACTOR's services to
12 consumers,it may result in the disallowance of payment for services rendered;or in additional
13 controls to the deli very of services,or in the termination of this Agreement,at the discretion of
14 COUNTY's DSS Director or designee.If as a result of COUNTY's fiscal review process a
15 disallowance is discovered due to CONTRACTOR's deficiency,CONTRACTOR shall be financially
16 liable for the amount previously paid by COUNTY to CONTRACTOR and this disallowance will be
17 adjusted from CONTRACTOR's future payments,at the discretion of COUNTY's DSS Director or
18 designee.In addition,COUNTY shall have the sole discretion in the determination of fiscal review
19 outcomes,decisions and actions.
20 35.NOTICES
21 The persons having authority to give and receive notices under this Agreement and their
22 addresses include the following:
23 COUNTY DSS CONTRACTOR
24 President,Board of Directors
Fresno Council on Child Abuse Prevention
924 N.Van Ness Avenue
Fresno,CA 93728
25
Director,County of Fresno
Department of Social Services
PO BOX 1912
Fresno,CA 93718-191226
27 Any and all notices between the COUNTY and the CONTRACTOR provided for or
28 permitted under this Agreement,or by law,shall be in writing and shall be deemed duly served when
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Fresno,CA
3 36.CHANGE OF LEADERSHIP /MANAGEMENT
1 personally delivered to one of the parties,or in lieu of such personal service,when deposited in the
2 United States Mail,postage prepaid,addressed to such party.
4 Any and all notices between COUNTY and CONTRACTOR provided for or permitted
5 under this Agreement or by law,shall be in writing and shall be deemed duly served when personally
6 delivered to one of the parties,or in lieu of such personal service,when deposited in the United States
7 Mail,postage prepaid,addressed to such party.
8 In the event of any change in the status of CONTRACTOR'S leadership or
9 management,CONTRACTOR shall provide written notice to COUNTY within thirty (30)days from
10 the date of change.Such notification shall include any new leader or manager's name,address and
11 qualifications."Leadership or management"shall include any employee,member,or owner of
12 CONTRACTOR who either a)directs individuals providing services pursuant to this Agreement,b)
13 exercises control over the manner in which services are provided,or c)has authority over
14 CONTRACTOR's finances.
15 37.GOVERNING LAW
1 6 The parties agree,that for the purposes of venue,performance under this Agreement is
17 to be in Fresno County,California.
18 The rights and obligations of the parties and all interpretation and performance of this
19 Agreement shall be governed in all respects by the laws of the State of California.
20 38.SEVERABILITY
21 Should any court or regulatory agency or body determine,in a form and manner which
22 render such determination enforceable against either of the parties,that any provision of this
23 Agreement is void,invalid,unenforceable,or illegal,such determination shall not affect any other
24 provision of this Agreement,and this Agreement shall,if reasonable,be construed and performed as if
25 such void,invalid,unenforceable,or illegal provision had never been contained herein.
26 39.ENTIRE AGREEMENT
27 This Agreement constitutes the entire Agreement between CONTRACTOR and
28 COUNTY with respect to the subject matter hereof and supersedes all previous agreement
-16 -COUNTY OF FRESNO
Fresno,Cr\
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negotiations,proposals,commitments,writings,advertisements,publications and understandings of
any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
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4 ATTEST:
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CONTRACTOR:
FRESNO COUNCIL ON
CHILD ABUSE PREVENTION
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9 BY,~~~t-.J
Print Name:9VJp1ZA:\{OJ,(I/0 flit)
I
Title:PCkfh?0:i2It!V0 fI21?sJt}l}Nr
CHairman of the Board,or
President,or any Vice President
COUNTY OF FRESNO
BY~~
ERNEST BUDDY MENDES,Chairman
Board of Supervisors
BERNICE E.SEIDEL,Clerk
Board of Supervisors
f;6K.e/Z/IW,(A.r;3Y ('R\~<l''if ,~t''lr
Title::Jec.(2£-rw12-i
Secretary (of Corporation),or
any Assistant Secretary,or
Chief Financial Officer,or
any Assistant Treasurer
Print Name:f!e:J2/lrl
Mailing Address:
924 Van Ness Avenue
Fresno,CA 93728
Phone No.:(559)268-1118
Contact:Executive Director
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-17 -COUNTY OF FRESNO
Fresno,CA
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COUNTY OF FRESNO
Fresno,CA
1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
4 ATTEST:
CONTRACTOR:
FRESNO COUNCIL ON
CHILD ABUSE PREVENTION
COUNTY OF FRESNO
BY~By _
ERNEST BUDDY MENDES,Chairman
Board of Supervisors
Print Name:9tzJp1ZA:'{b tit 11/0 tZtV
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12 Title:PCCfh'?(b.2Nldo fl?e5W~k
Chairman of the Board,or
13 President,or any Vice President
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BERNICE E.SEIDEL,Clerk
Board of Supervisors
By
Print Name:{J'e 171211-~et2llt~Ikt)3y _
Title:;5eCtze-1V'r'~t
Secretary (of Corporation),or
any Assistant Secretary,or
Chief Financial Officer,or
any Assistant Treasurer
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
Mailing Address:
924 Van Ness Avenue
Fresno,CA 93728
Phone No.:(559)268-1118
Contact:Executive Director
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-18 -COUN1Y OF FRESNO
Fresno,CA
APPROVED AS TO LEGAL FORM:
DANIEL C.CEDERBORG,COUNTY COUNSEL
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5 AP ROVED AS TO ACCO TING FORM:
VICKI CROW,C.P.A.,AUDITOR-CONTROLLER!
TREASURER-TAX COLLECTOR
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:By----=~'---uL_tvv__
REVIEWED AND RECOMMENDED
FOR APPROVAL:
Fund/Subclass:
Organization:
AcctlProgram:
0001/10000
56017001
7295/0
1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
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CONTRACTOR:
FRESNO COUNCIL ON
CHILD ABUSE PREVENTION
BY~t~~
Print Name:S1zJP/lk '{Ot},(l/O R.,tJI
Title:PC?fh?0:i2fJrI?rJ f/?f?5ilJlhJr
Chairman of the Board,or
President,or any Vice President
By
COUNTY OF FRESNO
BERNICE E.SEIDEL,Clerk
Board of Supervisors
f!&.eai~(!tJ)3y /ivx;"l,'&,~~"1f
Title::>eCrz,e..nDd2..~
Secretary (of Corporation),or
any Assistant Secretary,or
Chief Financial Officer,or
any Assistant Treasurer
Print Name:tJ'f?12M
Mailing Address:
924 Van Ness Avenue
Fresno,CA 93728
Phone No.:(559)268-1118
Contact:Executive Director
III
III
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-17 -COUNTY OF FRESNO
Fresno,CA
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Fresno,CA
APPROVED AS TO LEGAL FORM:
DANIEL C.CEDERBORG,COUNTY COUNSEL
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APPROVED AS TO ACCO TING FORM:
VICKI CROW,C.P.A.,AUDITOR-CONTROLLER!
TREASURER-TAX COLLECTOR
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:BY_'-1~/uL_tvv__
REVIEWED AND RECOMMENDED
FOR APPROVAL:
Fund/Subclass:
Organization:
AcctlProgram:
0001/10000
56017001
7295/0
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-18 -
Sole Source Acquisition Request
[[;J Email Me]
Double click!
1.Fully describe the product(s)and/or service(s)being requested.
To ensure compliance with State legislation,Welfare and Institutions Code (WIC)18980 et seq.,the
Department of Social Services is required to fund designated child abuse prevention councils in the
County to coordinate efforts to prevent and respond to child abuse.
2.Identify the selected vendor and contact person;include the address,phone number and e-mail address
for each.
Fresno Council on Child Abuse Prevention (FCCAP)
Esther Franco,Executive Director
924 N.Van Ness Avenue,Fresno,CA 93728
(559)268-1118
fccapdirector@fccap.org
3.What is the total cost of the acquisition?If an agreement,state the total cost of the initial term and the
amounts for potential renewal terms.
The agreement will not have a maximum term compensation amount.Disbursed funds to FCCAP will be
tied to actual revenues generated and collected through Fresno County's Children's Trust Fund (CTF),
received from Birth Certificate fees and the Kid's Plate revenues.Estimated 2016-2017 revenues are
$116,155.00.The recommended agreement will have a three year base with two optional one-year
extensions.For the initial three year base term,estimated cost will be $414,777.00.Each optional year
extension is estimated at $116,155.00.
4.Identify the unique qualities and/or capabilities of the service(s)and/or product(s)that qualify this as a
sole source acquisition.
Pursuant to WIC 18960-18983,the Fresno County Board of Supervisors designated FCCAP as the
County's only child abuse prevention council in Fresno County.By virture of this designation,Fresno
County is required to fund FCCAP.
5.Explain why the unique qualities and/or capabilities described above are essential to your department.
The coordination of efforts to prevent and respond to child abuse is essential to the Department and the
community.Operational support of FCCAP allows for the provision of interagency cooperation and
coordination in the prevention of abuse and neglect,promotes public awareness of abuse and neglect
and provides other activities in an effort to improve the community's response to child abuse.Pursuant
to WIC 18960-18983,the County Board of Supervisors designated FCCAP as the County's only child
abuse prevention council and it is obligated to fund such a council.
6.Provide a comprehensive explanation of the research done to verify that there is only a sole vendor that is
capable of providing the required service(s)and/or product(s).Include a list of all other vendors contacted
with regard to providing the requested product(s)and/or service(s)and indicate their response.
On August 23,2005,FCCAP was designated by the Fresno County Board of Supervisors as the
County's Child Abuse Prevention Council,pursuant to WIC 18960-18983.WIC Section 19867 requires
that each County fund this Council from the County's Children Trust Fund.There are no other such
Board designated Councils in Fresno County.As such,FCCAP is the only vendor that meets WIC
requirements and the County is required to fund.
nmoreno 5/18/20168:28:53 AM [Q9 Sign]Double click!----------------
Requested By:Title
E-PD-047 (02-2013)
I approve this request to sole source for the service(s)and/or product(s)identified herein.
dneira 5/18/20168:43:04 AM [<&I Sign]Double click!~--------~-----------------------------------------------------Department Head Signature
gcornuelle 5/23/20164:19:54 PM [<&I Sign]Double click!~----------~--~-----------------------------------------------Purchasing Manager Signature
E-PO-047 (02-2013)