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Agreement No.16-404
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 CENTRAL VALLEY CHILDREN'S SERVICES NETWORK,a
5 California non-profit public benefit corporation,whose address is 1911 N.Helm Ave.,Fresno,CA
6 93727,hereinafter referred to as "CONTRACTOR."
7 WIT N E SSE T H:
8 WHEREAS,COUNTY,through its Department of Social Services (DSS)is in need of services
9 to decrease the likelihood of child abuse and neglect through preservation and family functioning,and
10 improve safety and home stability;and
11 WHEREAS,COUNTY desires to enter into an Agreement for community-based intensive
12 home visitation services which nurtures parental competence and successful childhood development
13 by building relationships with parents and children in their home setting;and
14 WHEREAS,CONTRACTOR represents it possesses the experience and skills to provide the
15 services desired by COUNTY's DSS.
16 NOW,THEREFORE,in consideration of their mutual covenants and conditions,the parties
1 7 hereto agree as follows:
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1.SERVICES
A.CONTRACTOR shall perform all services and fulfill all responsibilities,as
20 Identified in COUNTY's Request for Proposal (RFP)No.952-5427 dated January 15,2016 and
21 Addendum No.One (1)to COUNTY's RFP No.952-5427 dated February 10,2016,collectively
22 hereinafter referred to as COUNTY's Revised RFP 952-5427 and CONTRACTOR's response to said
23 Revised RFP,dated February 24,2016,all incorporated herein by reference and made part of this
24 Agreement.
25 CONTRACTOR shall perform services set forth in Exhibit A,Summary ofB.
26 Services,attached hereto and by this reference incorporated herein.
27 CONTRACTOR shall also track referrals and client information.C.
28 CONTRACTOR shall submit Monthly Activity Reports (MAR)in accordance with Section Twelve
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1 (12)of this Agreement.The format of the MAR and data which shall be included shall be determined
2 as set forth in section F.2.of Exhibit A.
D.In the event of any inconsistency among the documents that constitute this
4 Agreement,the inconsistency shall be resolved by giving precedence in the following order of priority:
5 I)to this Agreement,including all Exhibits attached hereto,2)to the Revised RFP,3)to the response
6 to the Revised RFP.A copy of COUNTY's Revised RFP No.952-5427,and CONTRACTOR's
7 response,shall be retained and made available during the term of this Agreement by COUNTY's DSS.
8 E.CONTRACTOR shall participate in meetings with COUNTY's DSS staff to
9 discuss requirements,data reporting,training,policies and procedures,overall program operations and
10 any problems or foreseeable problems that may arise.
11 F.CONTRACTOR shall ensure CONTRACTOR's staff who require licensure or
12 certification shall maintain current licensures and lor certifications,further described in Section
13 Fourteen (14)of this Agreement.
14 G.In the event of the termination or expiration of this Agreement,CONTRACTOR
15 shall provide transitional services to clients currently receiving services,working with COUNTY staff
16 and lor COUNTY's contracted vendor(s).Transitional duties shall include,but are not limited to the
17 transfer of client records and shall not exceed a maximum of thirty (30)days.This section of the
18 Agreement shall survive thirty (30)days after the expiration or termination date of this Agreement.
19 H.COUNTY shall perform services as set forth in Exhibit A,Summary of Services,
20 Section H,under the heading,"COUNTY's DSS Responsibilities."
21 2.TERM
22 The term of this Agreement shall be for a period of three (3)years,commencing on July 1,2016
23 through and including June 30,2019.This agreement may be extended for two (2)additional
24 consecutive twelve (12)month periods upon the approval of both parties no later than thirty (30)days
25 prior to the first day of the next twelve month extension period.The Director of the Department of
26 Social Services or designee is authorized to execute such written approval on behalf of COUNTY
27 based on CONTRACTOR's satisfactory performance.
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3.TERMINATION
A.Non-Allocation of Funds -The terms of this Agreement,and the services to be
provided thereunder,are 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 CONTRACTOR thirty (30)days advance written notice.
B.Breach of Contract -COUNTY may immediately suspend or terminate this
Agreement in whole or in part,where in the determination of 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 COUNTY;
4)Improperly performed service.
In no event shall any payment by COUNTY constitute a waiver by COUNTY of
any breach of this Agreement or any default which may then exist on the part of CONTRACTOR.
Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
breach or default.COUNTY shall have the right to demand of CONTRACTOR the repayment to
COUNTY of any funds disbursed to CONTRACTOR under this Agreement,which in the judgment of
COUNTY were not expended in accordance with the terms of this Agreement.CONTRACTOR shall
promptly refund any such funds upon demand or,at COUNTY's option,such repayment shall be
deducted from future payments owing to CONTRACTOR under this Agreement.
C.Without Cause -Under circumstances other than those set forth above,this
Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director,or
designee,upon thirty (30)days advance written notice of an intention to terminate the Agreement.
4.COMPENSATION
For actual services provided as identified in the terms and conditions of this Agreement,
including Exhibit A,COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation in accordance with Exhibit B,"Budget,"attached here to and by this reference
incorporated herein.Mandated travel shall be reimbursed based on actual expenditures and mileage
reimbursement shall be at CONTRACTOR's adopted rate per mile,not to exceed the IRS published
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rate.CONTRACTOR agrees to limit administrative cost to a maximum of fifteen percent (15%)of
the total program budget and to limit employee benefits to a maximum of twenty percent (20%)of
total salaries for those employees working under this Agreement during the term of this Agreement.
Payment shall be made upon certification or other proof satisfactory to COUNTY's DSS that services
have actually been performed by CONTRACTOR as specified in this Agreement.
For each twelve (12)month period of this Agreement,in no event shall services
performed under this Agreement be in excess of Two Hundred Twenty Five Thousand and No/IOO
Dollars ($225,000.00).The cumulative total of this Agreement shall not be in excess of One Million
One Hundred Twenty Five Thousand and No/IOO Dollars ($1,125,000.00).It is understood that all
expenses incidental to CONTRACTOR's performance of services under this Agreement shall be
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borne by CONTRACTOR.
Except as provided below regarding State payment delays,payments by COUNTY shall
be in arrears,for services provided during the preceding month,within forty-five (45)days after
receipt,verification,and approval of CONTRACTOR's invoices by COUNTY's DSS.If
CONTRACTOR should fail to comply with any provision of this Agreement,COUNTY shall be
relieved of its obligation for further compensation.All finalclaims and /or any final budget
modification requests shall be submitted by CONTRACTOR within sixty (60)days following the final
month of service for which payment is claimed.No action shall be taken by COUNTY on claims
submitted beyond the sixty (60)day closeout period.Any compensation which is not expended by
CONTRACTOR pursuant to the terms and conditions of this Agreement shall automatically revert to
COUNTY.
The services provided by CONTRACTOR under this Agreement are funded in whole or
in part by the State of California.In the event that funding for these services is delayed by the State
Controller,COUNTY may defer payment to CONTRACTOR.The amount of the deferred payment
shall not exceed the amount of funding delayed by the State Controller to COUNTY.The period of
time of the deferral by COUNTY shall not exceed the period of time of the State Controller's delay of
payment to COUNTY plus forty-five (45)days.
County agrees to the extent permitted by State and Federal rules and regulations,
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advanced payment of up to twenty percent (20%)of the compensation under this Agreement is
requested of County by Contractor.The amount of the advanced payment shall be deducted in equal
installments from claims submitted in the final three (3)months of this Agreement.3
4 5.INVOICING
5 CONTRACTOR shall invoice COUNTY in arrears by the tenth (10th)day of each month
6 for actual expenses incurred and services rendered in the previous month to:
7 DSSlnvoices(a)co.fresno.ca.us.The MAR shall accompany the invoice,reflecting services supported
8 by the invoiced expenditures and be in a form and in such detail as acceptable to COUNTY's DSS.
9 Invoices shall include all corresponding documentation submitted and identified by line item,as
10 identified in Exhibit B.Supporting documentation shall include but is not limited to receipts,invoices
11 received,and documented administrative /overhead costs.No reimbursement for services shall be
12 made until invoices,reports and outcomes are received,reviewed and approved by COUNTY's DSS.
13 At the discretion of COUNTY's DSS Director or designee,if an invoice is incorrect or is
14 otherwise not in proper form or substance,COUNTY's DSS Director or designee shall have the right
15 to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5)
16 days prior notice to CONTRACTOR.CONTRACTOR agrees to continue to provide services for a
17 period of ninety (90)days after notification of an incorrect or improper invoice.If after the ninety
18 (90)day period,the invoice(s)is still not corrected to COUNTY's DSS satisfaction,COUNTY's DSS
19 Director or designee may elect to terminate this Agreement,pursuant to the termination provisions
20 stated in Paragraph Three (3)of this Agreement.In addition,for invoices received ninety (90)days
21 after the expiration of each term of this Agreement or termination of this Agreement,at the discretion
22 of COUNTY's DSS Director or designee,COUNTY's DSS shall have the right to deny payment of
23 any additional invoices received.
24 6.INDEPENDENT CONTRACTOR
25 In performance of the work,duties,and obligations assumed by CONTRACTOR under
26 this Agreement,it is mutually understood and agreed that CONTRACTOR,including any and all of
27 CONTRACTOR's officers,agents,and employees will at all times be acting and performing as an
28 independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,
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1 employee,joint venturer,partner,or associate of COUNTY.Furthermore,COUNTY shall have no
2 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
3 its work and function.However,COUNTY shall retain the right to administer this Agreement so as to
4 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
5 thereof.CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
6 rules and regulations,if any,of governmental authorities having jurisdiction over matters which are
7 directly or indirectly the subject of this Agreement.
8 Because of its status as an independent contractor,CONTRACTOR shall have
9 absolutely no right to employment rights and benefits available to COUNTY employees.
10 CONTRACTOR shall be solely liable and responsible for providing to,or on behalf of,its employees
11 all legally-required employee benefits.In addition,CONTRACTOR shall be solely responsible and
12 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
13 including compliance with Social Security,withholding,and all other regulations governing such
14 matters.It is acknowledged that during the term of this Agreement,CONTRACTOR may be
15 providing services to others unrelated to COUNTY or to this Agreement.
7.MODIFICATION
17 A.Any matters of this Agreement may be modified from time to time by the written
18 consent of all the parties without,in any way,affecting the remainder.However,changes to the MAR
19 format or content may be made in accordance to Section Twelve (12)of this Agreement.
20 B.Notwithstanding the above,changes to line items in the budget,attached hereto
21 as Exhibit B,in an amount not to exceed ten percent (10%)of the total maximum compensation as
22 identified in Section Four (4)of this Agreement,may be made with the written approval of
23 COUNTY's DSS Director or designee and CONTRACTOR.Budget line item changes shall not result
24 in any change to the maximum compensation amount payable to CONTRACTOR,as stated herein.
25 c.CONTRACTOR hereby agrees that changes to the compensation under this
26 Agreement may be necessitated by a reduction in funding from State and lor Federal sources.
27 COUNTY's DSS Director or designee may modify the maximum compensation depending on State
28 and Federal funding availability,as stated in Section Four (4)in this Agreement.CONTRACTOR
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1 further understands that this Agreement is subject to any restrictions,limitations or enactments of all
2 legislative bodies which affect the provisions,term,or funding of this Agreement in any manner.
8.NON-ASSIGNMENT
4 Neither party shall assign,transfer or subcontract this Agreement nor their rights or
5 duties under this Agreement without the prior written consent of the other party.
6 9.HOLD-HARMLESS
7 CONTRACTOR agrees to indemnify,save,hold harmless,and at COUNTY's request,
8 defend COUNTY,its officers,agents and employees from any and all costs and expenses,including
9 attorney fees and court costs,damages,liabilities,claims,and losses occurring or resulting to
10 COUNTY in connection with the performance,or failure to perform,by CONTRACTOR,its officers,
11 agents,or employees under this Agreement,and from any and all costs and expenses,including
12 attorney fees and court costs,damages,liabilities,claims,and losses occurring or resulting to any
13 person,firm,or corporation who may be injured or damaged by the performance,or failure to
14 perform,of CONTRACTOR,its officers,agents,or employees under this Agreement.In addition,
15 CONTRACTOR agrees to indemnify COUNTY for Federal,State of California and I or local audit
16 exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
17 10.INSURANCE
18 Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or
19 any third parties,CONTRACTOR,at its sole expense,shall maintain in full force and effect the
20 following insurance policies throughout the term of this Agreement:
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A.Commercial General Liability
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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 Jess than Two Hundred Fifty Thousand Dollars ($250,000)per person,Five
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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.
5 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.
D.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
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
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1 contributing with insurance provided under CONTRACTOR's policies herein;and that this insurance
2 shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given
3 to COUNTY.
4 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
5 herein provided,COUNTY may,in addition to other remedies it may have,suspend,or terminate this
6 Agreement upon the occurrence of such event.
7 All policies shall be with admitted insurers licensed to do business in the State of
8 California.Insurance purchased shall be from companies possessing a current A.M.Best,Inc.rating
9 of A FSC VII or better.
11.CHILD ABUSE REPORTING
11 CONTRACTOR shall utilize a procedure acceptable to COUNTY's DSS to ensure that
12 all of CONTRACTOR's employees,volunteers,consultants,subcontractors or agents performing
13 services under this Agreement shall report all known or suspected child abuse or neglect to one or
14 more of the agencies set forth in Penal Code Section 11165.9.This procedure shall include having all
15 of CONTRACTOR's employees,volunteers,consultants,subcontractors or agents performing services
16 under this Agreement sign a statement that he or she knows of and will comply with the reporting
17 requirements set forth in Penal Code Section J 1166.The statement to be utilized by CONTRACTOR
18 is set forth in Exhibit 0,attached hereto and by this reference incorporated herein.
19 12.REPORTS
20 CONTRACTOR shall submit to COUNTY's DSS such statements,records,reports,
21 data,and other information as the COUNTY may request pertaining to matters covered by this
22 Agreement.CONTRACTOR shall provide information as requested by COUNTY's DSS as outlined
23 on Page Four (4)of Exhibit A,Summary of Services.In addition,CONTRACTOR's MAR shall be
24 submitted with invoices,further described in Section Five (5)of this Agreement.COUNTY's DSS
25 may request changes and /or additional information to be submitted with the MAR during the term of
26 this Agreement and CONTRACTOR shall provide requested information.In the event that the
27 CONTRACTOR fails to provide such reports or other information required hereunder,it shall be
28 deemed sufficient cause for the COUNTY to withhold monthly payments until there is compliance.In
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1 addition,the CONTRACTOR shall provide written notification and explanation to the COUNTY
2 within fifteen (15)days of any funds received from another source to conduct the same services
3 covered by this Agreement.
13.PERSONNEL DISCLOSURE
5 CONTRACTOR shall make available to COUNTY's DSS a current list of all personnel
6 providing services hereunder.Changes to this list will be immediately provided to COUNTY in
7 writing.The list shall provide the following information:
8 A.All full or part-time staff positions by title whose direct services are required to
9 provide the programs described herein;
10 B,A brief description of the functions of each such position and hours each person
11 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,
14 14.LICENSES
15 CONTRACTOR warrants that it possesses all licenses and/or certificates required by
16 local,State of California and/or Federal laws and regulations for the conduct of its business and shall
17 operate its business in accordance with all applicable laws and regulations.CONTRACTOR further
18 warrants that all of its personnel performing services under this Agreement shall be licensed and/or
19 certified where required to lawfully perform their duties and shall maintain such licensure and/or
20 certification through each term of this Agreement.CONTRACTOR shall maintain copies of all
21 licenses and/or certifications noted above and shall allow COUNTY's DSS to review these documents
22 upon request.
23 15.SUBCONTRACTS
24 CONTRACTOR shall obtain written approval from COUNTY or COUNTY's DSS
25 Director,or designee before subcontracting any of the services delivered under this Agreement.Any
26 transferee,assignee or subcontractor will be subject to all applicable provisions ofthis Agreement,and
27 all applicable State and Federal regulations.CONTRACTOR shall be held primarily responsible by
28 COUNTY for the performance of any transferee,assignee or subcontractor unless otherwise expressly
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1 agreed to in writing by COUNTY,The use of subcontractors by CONTRACTOR shall not entitle
2 CONTRACTOR to any additional compensation than is provided for under this Agreement.
16.CONFLICT OF INTEREST
4 No officer,agent,or employee of COUNTY who exercises any function or
5 responsibility for planning and carrying out the services provided under this Agreement shall have any
6 direct or indirect personal financial interest in this Agreement.In addition,no employee of COUNTY
7 shall be employed by CONTRACTOR to fulfill any contractual obligations with COUNTY,
8 CONTRACTOR shall also comply with all Federal,State of California,and local conflict of interest
9 laws,statutes,and regulations,which shall be applicable to all parties and beneficiaries under this
10 Agreement and any officer,agent,or employee of COUNTY,
11 17.NON-DISCRIMINA TION
12 During the performance of this Agreement CONTRACTOR shall not unlawfully
13 discriminate against any employee or applicant for employment,or recipient of services,because of
14 ethnic group identification,gender,gender identity,gender expression,sexual orientation,color,
15 physical disability,mental disability,medical condition,national origin,race,ancestry,marital status,
16 religion,or religious creed,pursuant to all applicable State of California and Federal statutes and
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18 18.RECRUITMENT OF EMPLOYEES AND SERVICE TO CLIENTS
19 CONTRACTOR shall ensure that its employment recruitment efforts,including
20 administrative and professional staff positions,are carried out so as to adequately reflect the cultural
21 and ethnic diversity of the population of Fresno County.CONTRACTOR shall use its best efforts to
22 serve all cultural and ethnic groups residing in Fresno County.CONTRACTOR's employment efforts
23 will be monitored by COUNTY's DSS at periodic intervals.
24 19.LIMITED ENGLISH PROFICIENCY
25 CONTRACTOR shall provide interpreting and translation services to persons
26 participating in CONTRACTOR's services who have limited or no English language proficiency,
27 including services to persons who are deaf or blind.Interpreter and translation services shall be
28 provided as necessary to allow such participants meaningful access to the programs,services and
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1 benefits provided by CONTRACTOR.Interpreter and translation services,including translation of
2 CONTRACTOR's "vital documents"(those documents that contain information that is critical for
3 accessing CONTRACTOR's services or are required by law)shall be provided to participants at no
4 cost to the participant.CONTRACTOR shall ensure that any employees,agents,subcontractors,or
5 partners who interpret or translate for a program participant,or who directly communicate with a
6 program participant in a language other than English,demonstrate proficiency in the participant's
7 language and can effectively communicate any specialized terms and concepts peculiar to
8 CONTRACTOR's services.
20.CONFIDENTIALITY
10 All services performed by CONTRACTOR under this Agreement shall be in strict
11 conformance with all applicable Federal,State of California,and/or local laws and regulations relating
12 to confidentiality.
13 21.DATA SECURITY
14 For the purpose of preventing the potential loss,misappropriation or inadvertent
15 disclosure of COUNTY data including sensitive or personal client information;abuse of COUNTY
16 resources;and/or disruption to COUNTY operations,individuals and/or agencies that enter into a
1 7 contractual relationship with the COUNTY for the purpose of providing services under this
18 Agreement must employ adequate data security measures to protect the confidential information
19 provided to the CONTRACTOR by the COUNTY,including but not limited to the following:
20 A.Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
21 COUNTY networks via personally owned mobile,wireless or handheld devices,except when
22 authorized by COUNTY for telecommuting and then only if virus protection software currency
23 agreements are in place,and if a secure connection is used.
24 B.Contractor-Owned Computers or Computer Peripherals may not brought into the
25 COUNTY for use without prior authorization from the COUNTY's Chief Information Officer and/or
26 designee(s),including and not limited to mobile storage devices.Data must be stored on a secure
27 server approved by the COUNTY and transferred by means of a VPN (Virtual Private Network)
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c.County-Owned Computer Equipment -CONTRACTOR or anyone having an
2 employment relationship with the COUNTY may not use COUNTY computers or computer
3 peripherals on non-COUNTY premises without prior authorization from the COUNTY's Chief
4 Information Officer and/or designee(s).
5 D.CONTRACTOR may not store COUNTY's private,confidential or sensitive data
6 on any hard-disk drive.
7 E.CONTRACTOR is responsible to employ strict controls to insure the integrity
8 and security of the COUNTY's confidential information and to prevent unauthorized access to data
9 maintained in computer files,program documentation,data processing systems,data files and data
10 processing equipment which stores or processes COUNTY data internally and externally.
11 F.Confidential client information transmitted to one party by the other by means of
12 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES)of
13 128 BIT or higher.Additionally,a password or pass phrase must be utilized.
14 G.CONTRACTOR is responsible to immediately notify COUNTY of any breaches
15 or potential breaches of security related to COUNTY's confidential information,data maintained in
16 computer files,program documentation,data processing systems,data files and data processing
17 equipment which stores or processes COUNTY data internally or externally.
18 H.In the event of a breach of security related to COUNTY's confidential client
19 information provided to CONTRACTOR,COUNTY will manage the response to the incident,
20 however,CONTRACTOR will be responsible to issue any notification to affected individuals as
21 required by law or as deemed necessary by COUNTY in its sole discretion.CONTRACTOR will be
22 responsible for all costs incurred as a result of providing the required notification.
23 22.CLEAN AIR AND WATER
24 In the event the funding under this Agreement exceeds One Hundred Thousand and
25 NollOO Dollars ($100,000),CONTRACTOR shall comply with all applicable standards,orders or
26 requirement issued under the Clean Air Act Contained in 42 U.S.Code 7601 etseq;the Clean Water
27 Act contained in 33 U.S.Code 1368 et seq.;and any standards,laws and regulations,promulgated
28 thereunder.Under these laws and regulations,CONTRACTOR shall assure:
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B.COUNTY shall be notified prior to execution of this Agreement of the receipt
A.No facility shall be utilized in the performance of the Agreement that has been
2 listed on the Environmental Protection Agency (EPA)list of Violating Facilities;
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4 of any communication from the Director,Office of Federal Activities,U.S.EPA indicating that a
5 facility to be utilized in the performance of this Agreement is under consideration to be listed on the
6 EPA list of Violating Facilities;
7 COUNTY and U.S.EPA shall be notified about any known violation of theC.
8 above laws and regulations;and
9 D.This assurance shall be included in every nonexempt sub grant,contract,or
10 subcontract.
11 23.DRUG-FREE WORKPLACE REQUIREMENTS
12 For purposes of this paragraph,CONTRACTOR will be referred to as the "grantee".
13 By drawing funds against this grant award,the grantee is providing the certification that is required by
14 regulations implementing the Drug-Free Workplace Act of 1988,45 CFR Part 76,Subpart F.These
15 regulations require certification by grantees that they will maintain a drug-free workplace.False
16 certification or violation of the certification shall be grounds for suspension of payments,suspension
17 or termination of grants,or government wide suspension or debarment.
18 CERTIFICAITON REGARDING DEBARMENT,SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
TRANACTIONS
24.
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21 A.COUNTY and CONTRACTOR recognize that Federal assistance funds will be
22 used under the terms of this Agreement.For purposes of this paragraph,CONTRACTOR will be
23 referred to as the "prospective recipient".
24 This certification is required by the regulation implementing Executive OrderB.
25 12549,Debarment and Suspension,29 CFR Part 98,section 98.510,Participant's responsibilities.
26 The prospective recipient of Federal assistance funds certified by1)
27 entering into this Agreement,that neither it nor its principals are presently debarred,suspended,
28 proposed for debarment,declared ineligible,or voluntarily excluded from participation in this
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1 transaction by any Federal department or agency.
2)The prospecti ve recipient of funds agrees by entering into this
3 Agreement,that it shall not knowingly enter into any lower tier covered transaction with a person
4 who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this
5 covered transaction,unless authorized by the Federal department or agency with which this
6 transaction originated.
7 3)Where the prospective recipient of Federal assistance funds is unable to
8 certify to any of the statements in this certification,such prospective participant shall attach an
9 explanation to this Agreement.
10 4)The prospective recipient shall provide immediate written notice to
11 COUNTY if at any time prospective recipient learns that its certification in Paragraph twenty (20)of
12 th is Agreement was erroneous when subrn itted or has become erroneous by reason of changed
13 circumstances.
14 5)The prospective recipient further agrees that by entering into this
15 Agreement,it will include a clause identical to Paragraph twenty (20)of this Agreement and titled
16 "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier
1 7 Covered Transactions",in all lower tier covered transactions and in all solicitations for lower tier
18 covered transaction.
19 6)The certification in Paragraph twenty (20)of this Agreement is a material
20 representation of fact upon which COUNTY relied in entering into this Agreement.
21 25.ACKNOWLEDGEMENT
22 CONTRACTOR shall acknowledge all public relations activities,material and
23 publications that COUNTY is the funding source for services to be provided through this Agreement.
24 26.POLITICAL ACTIVITY
25 None of the funds,materials,property or services provided directly or indirectly under
26 this Agreement shall be used for any political activity,or to further the election or defeat of any
27 candidate for public office.
28 III
1
-16 -COUNTY OF FRESNO
Fresno,CA
27.LOBBYING ACTIVITY
2 None of the funds provided under this Agreement shall be used for publicity,lobbying
3 or propaganda purposes designed to support or defeat legislation pending in the Congress of the
4 United States of America or the Legislature of the State of California.
5 28.STATE ENERGY CONSERVATION
6 CONTRACTOR shall recognize the mandatory standard and policies relating to energy
7 efficiency in the State Energy Conservation Plan as required by the United States Energy Policy and
8 Conservation Act (42 U.S.C.section 6201,et seq).
9 29.FRATERNIZATION
10 CONTRACTOR shall establish procedures addressing fraternization between
11 CONTRACTOR staff and clients.Such procedures will include provisions for informing
12 CONTRACTOR staff and clients regarding fraternization guidelines.
13 30.INTERPRETATION OF LAWS AND REGULATIONS
14 COUNTY reserves the right to make final interpretations or clarifications on issues
15 relating to Federal and State laws and regulations,to ensure compliance.
16 31.COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
17 COUNTY and PROVIDER,their officers,consultants,subcontractors,agents,and
18 employees shall comply with all applicable State,Federal,and local laws and regulations governing
19 projects that utilize Federal Funds.
20
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32.RECORDS
A.Record Establishment and Maintenance
22 CONTRACTOR shall establish and maintain records in accordance with those
23 requirements prescribed by COUNTY,with respect to all matters covered by this Agreement.
24 CONTRACTOR shall retain all fiscal books,account records and client files for services performed
25 under this Agreement for at least three (3)years from date of final payment under this Agreement or
26 until all State and Federal audits are completed for that fiscal year,whichever is later.
27 B.Cost Documentation
28 1)CONTRACTOR shall submit to COUNTY within ten (10)calendar days
6
-17 -COUNTY OF FRESNO
Fresno,Ci\
1 following the end of each month,all fiscal and program reports for that month.CONTRACTOR shall
2 also furnish to COUNTY such statements,records,data and information as COUNTY may request
3 pertaining to matters covered by this Agreement.In the event that CONTRACTOR fails to provide
4 reports as provided herein,it shall be deemed sufficient cause for COUNTY to withhold payments
5 until compliance is established.
2)All costs shall be supported by properly executed payrolls,time records,
7 invoices,vouchers,orders,or any other accounting documents pertaining in whole or in part to this
8 Agreement and they shall be clearly identified and readily accessible.The support documentation
9 must indicate the line budget account number to which the cost is charged.
10 3)COUNTY shall notify CONTRACTOR in writing within thirty (30)days
11 of any potential State or Federal audit exception discovered during an examination.Where findings
12 indicate that program requirements are not being met and State or Federal participation in this program
13 may be imperiled in the event that corrections are not accomplished by CONTRACTOR within thirty
14 (30)days of receipt of such notice from COUNTY,written notification thereof shall constitute
15 COUNTY's intent to terminate this Agreement.
16 c.Service Documentation
1 7 CONTRACTOR agrees to maintain records to verify services under this
18 Agreement including names and addresses of clients served,the date of service and a description of
19 services provided on each occasion.These records and any other document pertaining in whole or in
20 part to this Agreement shall be clearly identified and readily accessible.
21 D.Use of Data
22 CONTRACTOR shall grant to COUNTY and the United States Department
23 Health and Human Services the royalty-free,nonexclusive and irrevocable license throughout the
24 world to publish,translate,reproduce,deliver,perform,dispose of,duplicate,use,disclose in any
25 manner and for any purpose whatsoever and to authorize others to do so,all subject data now or
26 hereafter covered by copyright.However,with respect to subject data not originated in the
27 performance of this Agreement,such license shall be only to the extent that CONTRACTOR has the
28 right to grant such license without becoming liable to pay any compensation to others because of such
22
-18 -COUN'IY OF FRESNO
Fresno,Cr\
1 grant.CONTRACTOR shall exert all reasonable effort to advise COUNTY at time of delivery of
2 subject data furnished under this Agreement,of all possible invasions of the right of privacy therein
3 contained,and of all portions of such su bject data copied from work not composed or produced in the
4 performance of this Agreement and not licensed under this provision,
5 As used in this clause,the term "Subject Data"means writing,sound recordings,
6 pictorial reproductions,drawings,designs or graphic representations,procedural manuals,forms,
7 diagrams,work flow charts,equipment descriptions,data files and data processing of computer
8 programs,and works of any similar nature (whether or not copyrighted or copyrightable)which are
9 first produced or developed under this Agreement.The term does not include financial reports,cost
10 analyses and similar information incidental to contract administration.
11 CONTRACTOR shall report to COUNTY promptly and in written detail,each
12 notice of claim of copyright infringement received by CONTRACTOR with respect to all subject data
13 delivered under this Agreement.CONTRACTOR shall not affix any restrictive markings upon any
14 data.If markings are affixed,COUNTY shall have the right at any time to modify,remove,obliterate
15 or ignore such markings,
16 COUNTY shall have access to any report,preliminary findings or data
1 7 assembled by CONTRACTOR under this Agreement.In addition,CONTRACTOR must receive
18 written permission from COUNTY prior to publication of any materials developed under this
19 Agreement and file with COUNTY a copy of all educational and training materials,curricula,
20 audio/visual aids,printed material and periodicals,assembled pursuant to this Agreement prior to
21 publication,
33.SINGLE AUDIT CLAUSE
23 A.If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars
24 ($750,000.00)or more in Federal and Federal flow-through monies,CONTRACTOR agrees to
25 conduct an annual audit in accordance with the requirements of the Single Audit Standards as set forth
26 in Office of Management and Budget (OMB)Circular 2 CFR 200.CONTRACTOR shall submit said
27 audit and management letter to COUNTY.The audit must include a statement of findings or a
28 statement that there were no findings,If there were negative findings,CONTRACTOR must include a
10
-19 -COUN'IY OF FRESNO
Fresno,Ci\
1 corrective action plan signed by an authorized individual.CONTRACTOR agrees to take action to
2 correct any material non-compliance or weakness found as a result of such audit.Such audit shall be
3 delivered to COUNTY's Human Services System,Administration,for review within nine (9)months
4 of the end of any fiscal year in which funds were expended and/or received for the program.Failure
5 to perform the requisite audit functions as required by this Agreement may result in COUNTY
6 performing the necessary audit tasks,or at COUNTY's option,contracting with a public accountant to
7 perform said audit,or,may result in the inability of COUNTY to enter into future agreements with
8 CONTRACTOR.All audit costs related to this Agreement are the sole responsibility of
9 CONTRACTOR.
B.A single audit report is not applicable if all CONTRACTOR's Federal contracts
11 do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000.00)requirement or
12 CONTRACTOR's only funding is through Drug related Medi-Cal.If a single audit is not applicable,
13 a program audit must be performed and a program audit report with management letter shall be
14 submitted by CONTRACTOR to COUNTY as a minimum requirement to attest to CONTRACTOR's
15 solvency.Said audit report shall be delivered to COUNTY's Human Services System,Accounting
16 Office for review no later than nine (9)months after the close of the fiscal year in which the funds
17 supplied through this Agreement are expended.Failure to comply with this Act may result in
18 COUNTY performing the necessary audit tasks or contracting with a qualified accountant to perform
19 said audit.All audit costs related to this Agreement are the sole responsibility of CONTRACTOR
20 who agrees to take corrective action to eliminate any material noncompliance or weakness found as a
21 result of such audit.Audit work performed by COUNTY under this paragraph shall be billed to the
22 CONTRACTOR at COUNTY cost,as determined by COUNTY's Auditor-Controller/Treasurer-Tax
23 Collector.
24 C.CONTRACTOR shall make available all records and accounts for inspection by
25 COUNTY,the State of Cal ifornia,if applicable,the Comptroller General of the United States,the
26 Federal Grantor Agency,or any of their duly authorized representatives,at all reasonable times for a
27 period of at least three (3)years following final payment under this Agreement or the closure of all
28 other pending matters,whichever is later.
1
-20 -COUN'IY OF FRESNO
Fresno,C\
34.T AX EQUITY AND FISCAL RESPONSIBILITY ACT
2 To the extent necessary to prevent disallowance of reimbursement under section J861(v)
3 (I)(I)of the Social Security Act,(42 U.S.C.§1395x,subd.(v)(I)[I]),until the expiration of four (4)
4 years after the furnishing of services under this Agreement,CONTRACTOR shall make available,
5 upon written request to the Secretary of the United States Department of Health and Human Services,
6 or upon request to the Comptroller General of the United States General Accounting Office,or any of
7 their duly authorized representatives,a copy of this Agreement and such books,documents,and
8 records as are necessary to certify the nature and extent of the costs of these services provided by
9 CONTRACTOR under this Agreement.CONTRACTOR further agrees that in the event
10 CONTRACTOR carries out any of its duties under this Agreement through a subcontract,with a value
11 or cost ofTen Thousand and Noll 00 Dollars ($10,000.00)or more over a twelve (12)month period,
12 with a related organization,such Agreement shall contain a clause to the effect that until the expiration
13 of four (4)years after the furnishing of such services pursuant to such subcontract,the related
14 organizations shall make available,upon written request to the Secretary of the United States
15 Department of Health and Human Services,or upon request to the Comptroller General of the United
16 States General Accounting Office,or any of their duly authorized representatives,a copy of such
17 subcontract and such books,documents,and records of such organization as are necessary to verify
18 the nature and extent of such costs.
19 35.CHARITABLE CHOICE
20 CONTRACTOR may not discriminate in its program delivery against a client or potential client
21 on the basis of religion or religious belief,a refusal to hold a religious belief,or a refusal to actively
22 participate in a religious practice.Any specifically religious activity or service made available to
23 individuals by CONTRACTOR must be voluntary as well as separate in time and location from
24 County funded activities and services.CONTRACTOR shall inform COUNTY as to whether it is
25 faith-based.If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy on
26 referring individuals to an alternate treatment provider,and include a copy of this policy in its client
27 admission forms.The policy must inform individuals that they may be referred to an alternative
28 provider if they object to the religious nature of the program,and include a notice to DSS.Adherence
5
-21 -COUNTY OF FRESNO
Fresno,CA
1 to this policy will be monitored during annual site reviews,and a review of client files.If
2 CONTRACTOR identifies as faith-based,by July 1 of each year CONTRACTOR will be required to
3 report to DSS the number of individuals who requested referrals to alternate providers based on
4 religious objection.
36.PROHIBITION ON PUBLICITY
6 None of the funds,materials,property or services provided directly or indirectly under
7 this Agreement shall be used for CONTRACTOR's advertising,fundraising,or publicity (i.e.,
8 purchasing of tickets /tables,silent auction donations,etc.)for the purpose of self-promotion.
9 Notwithstanding the above,publicity of the services described in Paragraph One (1)of this Agreement
10 shall be allowed as necessary to raise public awareness about the availability of such specific services
11 when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such
12 items as written /printed materials,the use of media (i.e.,radio,television,newspapers)and any other
13 related expense(s).
14 37.PROPERTY OF COUNTY
15 All purchases over Five Thousand and Noll 00 Dollars ($5,000.00),and certain
16 purchases under Five Thousand and Noll 00 Dollars ($5,000.00)including but not limited to fans,
17 calculators,cameras and other sensitive items as determined by COUNTY's DSS Director or designee
18 made during the life of this Agreement shall be identified as fixed assets with an assigned COUNTY
19 Accounting Inventory Number.These fixed assets shall be retained by COUNTY,as COUNTY
20 property,in the event this Agreement is terminated or upon expiration of this Agreement.The
21 CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed assets and shall be
22 physically present when fixed assets are returned to COUNTY possession at the termination or
23 expiration of this Agreement.
24 38.COMPLIANCE WITH STATE REQUIREMENTS
25 CONTRACTOR recognizes that the State of California partially fund services provided
26 under the terms and condition of this Agreement and as such,the State imposes certain requirements on
27 the COUNTY and its subcontractors.CONTRACTOR shall adhere to all State requirements,by this
28 reference incorporated herein.
1
-22 -COUNTYor rRESNO
Fresno,CA
39.COMPLIANCE WITH FEDERAL REQUIREMENTS
2 CONTRACTOR recognizes that COUNTY recognizes Federal funds partially fund
3 services provided under the terms and condition of this Agreement and as such,the Federal government
4 imposes certain requirements on the COUNTY and its subcontractors.CONTRACTOR shall adhere
5 to all Federal requirements,by this reference incorporated herein.
6 40.DISCLOSURE OF SELF-DEALING TRANSACTIONS
7 This provision is only applicable if CONTRACTOR is operating as a corporation (a for-
8 profit or non-profit corporation)or if during the term of this Agreement,CONTRACTOR changes its
9 status to operate as a corporation.
10 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
11 transactions that they are a party to while CONTRACTOR is providing goods or performing services
12 under this Agreement.A self-dealing transaction shall mean a transaction to which CONTRACTOR
13 is a party and in which one or more of its directors has a material financial interest.Members of the
14 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
15 and signing a Self-Dealing Transaction Disclosure Form,attached hereto as Exhibit C and by this
16 reference incorporated herein,and submitting it to COUNTY prior to commencing with the self-
17 dealing transaction or immediately thereafter.
18 41.AUDITS AND INSPECTIONS
19 CONTRACTOR shall at any time during business hours,and as often as COUNTY may
20 deem necessary,make available to COUNTY for examination all of its records and data with respect
21 to the matters covered by this Agreement.CONTRACTOR shall,upon request by COUNTY,permit
22 COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's
23 compliance with the terms of this Agreement.
24 If this Agreement exceeds Ten Thousand and Noll 00 Dollars ($10,000.00),
25 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
26 General for a period of three (3)years after final payment under contract (California Government
27 Code section 8546.7).
28 In addition,CONTRACTOR shall cooperate and participate with COUNTY's fiscal
11
-23 -COUNTY OF rRESNO
Fresno,CA
1 review process and comply with all final determinations rendered by the COUNTY's fiscal review
2 process.If COUNTY reaches an adverse decision regarding CONTRACTOR's services to
3 consumers,it may result in the disallowance of payment for services rendered,or in additional
4 controls to the delivery of services,or in the termination ofthis Agreement,at the discretion of
5 COUNTY's DSS Director or designee.Ifas a result of COUNTY's fiscal review process a
6 disallowance is discovered due to CONTRACTOR's deficiency,CONTRACTOR shall be financially
7 liable for the amount previously paid by COUNTY to CONTRACTOR and this disallowance will be
8 adjusted from CONTRACTOR's future payments,at the discretion of COUNTY's DSS Director or
9 designee.In addition,COUNTY shall have the sole discretion in the determination of fiscal review
10 outcomes,decisions and actions.
42.NOTICES
12 The persons having authority to give and receive notices under this Agreement and their
13 addresses include the following:
COUNTY CONTRACTOR14
15 Director,County of Fresno
Department of Social Services
PO BOX 1912
Fresno,CA 93718-1912
Executive Director
Central Valley Children's Services Network
1911 N.Helm Ave
Fresno,CA 93727
16
17
18 43.CHANGE OF LEADERSHIP /MANAGEMENT
19 Any and all notices between COUNTY and CONTRACTOR provided for or permitted
20 under this Agreement or by law,shall be in writing and shall be deemed duly served when personally
21 delivered to one of the parties,or in lieu of such personal service,when deposited in the United States
22 Mail,postage prepaid,addressed to such party.
23 In the event of any change in the status of CONTRACTOR'S leadership or
24 management,CONTRACTOR shall provide written notice to COUNTY within thirty (30)days from
25 the date of change.Such notification shall include any new leader or manager's name,address and
26 qualifications."Leadership or management"shall include any employee,member,or owner of
27 CONTRACTOR who either a)directs individuals providing services pursuant to this Agreement,b)
28 exercises control over the manner in which services are provided,or c)has authority over
2
45.ENTIRE AGREEMENT
1 CONTRACTOR's finances.
44.GOVERNING LAW
3 The parties agree,that for the purposes of venue,performance under this Agreement is
4 to be in Fresno County,California.
5 The rights and obligations of the parties and all interpretation and performance of this
6 Agreement shall be governed in all respects by the laws of the State of California.
7
8 This Agreement,including all Exhibits,COUNTY's RFP No.952-5427 and
9 CONTRACTOR's response thereto,constitutes the entire agreement between CONTRACTOR and
10 COUNTY with respect to the subject matter hereof and supersedes all previous agreement
11 negotiations,proposals,commitments,writings,advertisements,publications,and understandings of
12 any nature whatsoever unless expressly included in this Agreement.
13 III
14 III
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-24 -COUNTY OF FRESNO
Fresno.CA
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Mailing Address:
1911 N.Helm Ave.
Fresno.CA 93727
Phone No.:(559)456-1100
Contact:Fernando Segura
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
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first hereinabove written.
ATTEST:
CONTRACTOR:
CENTRAL VALLEY
CHILDREN'S SERVICES NETWORK
BY~~
Print Name:¥L.:Duffir
Title:E'xerv£lit (J)/recivr
Chairman of the Board,or
President,or any Vice President
Title:C (A~e.~G f'...Q ~~u-
Secretary (of Corporation),or
any Assistant Secretary,or
Chief Financial Officer,or
any Assistant Treasurer
Date:_.;::;...b~/141_'~;::___
COUNTY OF FRESNO
BYS_Y-~~
Ernest BllddYMefldeS>h8man and/or
Brian Pacheco,Vice-Chairman
Board of Supervisors
BERNICE E.SEIDEL.Clerk
Board of Supervisors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-25 -COUNlY OF FRESNO
Fresno,CA
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COUN'IY OF FRESNO
Fresno,CA
APPROVED AS TO LEGAL FORM:
DANIEL C.CEDERBORG,COUNTY COUNSEL
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APP .OVED AS TO ACCOUN G FORM:
VICtI CROW,C.P.A.,AUDITOR-CONTROLLER!
TREASURER-TAX COLLECTOR
7
8
9
REVIEWED AND RECOMMENDED
FOR APPROVAL:
Fund/Subclass:0001110000
Organization:56107441
Account/Program:7870/0
27 DEN:sv
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Mailing Address:
1911 N.Helm Ave.
Fresno,CA 93727
Phone No.:(559)456-1100
Contact:Fernando Segura
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
first hereinabove written.
3
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ATTEST:
CONTRACTOR:
CENTRAL VALLEY
CHILDREN'S SERVICES NETWORK
BY~d?f
Print Name:~L.(DUffir
Title:Eke.cv£'w (J)/ce ~-fvv:
Chairman of the Board,or
President,or any Vice President
By~~~~~~~~~~__
Print Name:W~
Title:C C<e__~9c "..Q &?~ti
Secretary (of Corporation),or
any Assistant Secretary,or
Chief Financial Officer,or
any Assistant Treasurer
Date:__::b::.._J/I....:.I__,/__;_I-=.'=-__
COUNTY OF FRESNO
By S__.:r-~~
Ernest BUddYMeflC!eS)haman and/or
Brian Pacheco,Vice-Chairman
Board of Supervisors
BERNICE E.SEIDEL,Clerk
Board of Supervisors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-25 -COUNTY or FRESNO
Fresno,CA
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Mailing Address:
1911 N.Helm Ave.
Fresno,CA 93727
Phone No.:(559)456-1100
Contact:Fernando Segura
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
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3
first hereinabove written.
COUNTY OF FRESNO
By __
Ernest Buddy Mendes,Chairman and/or
Brian Pacheco,Vice-Chairman
Board of Supervisors
BERNICE E.SEIDEL,Clerk
Board of Supervisors
By __
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-25 -COUNTY OF FRESNO
Fresno,CA
4
ATTEST:
CONTRACTOR:
CENTRAL VALLEY
CHILDREN'S SERVICES NETWORK
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BY~~
Print Name:&yjR.L.:bufiir
Title:£Recut vt CD/a (/1vC
Chairman of the Board,or
President,or any Vice President
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Title:C C"-~J-
Secretary (of Corporation),or
any Assistant Secretary,or
Chief Financial Officer,or
any Assistant Treasurer
Date:_-=-b...j.......C{'-+1-'~__
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-26 -COUNTY OF FRESNO
Fresno,CA
2
APPROVED AS TO LEGAL FORM:
DANIEL C.CEDERBORG,COUNTY COUNSEL
3
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6
APP /OVED AS TO ACCOUN G FORM:
VIC I CROW,C.P.A.,AUDITOR-CONTROLLER!
TREASURER-TAX COLLECTOR
REVIEWED AND RECOMMENDED
FOR APPROVAL:
l_,
Fund/Subclass:0001110000
Organization:56107441
Account/Program:7870/0
27 DEN:sv
28
Exhibit A
Page 1 of 5
SUMMARY OF SERVICES
ORGANIZATION:Central Valley Children's Services Network
PROGRAM NAME:Intensive Home Visitation
SERVICE ADDRESS:3910 S.Ward Ave,Malaga,CA 93725
SERVICE TELEPHONE:(559)485-1898
OFFICE ADDRESS:1911 N.Helm,Fresno,CA 93727
OFFICE TELEPHONE:(559)456-1100
CONTACT(S):Gayle L.Duffy,Executive Director
Jessica Shadrick,Early Care and Education Service Director
Fernando Segura,Program Manager
CONTRACT PERIOD:July 1,2016 -June 30,2017
July 1,2017-June30,2018
July 1,2018 -June 30,2019
July 1,2019 -June 30,2020
July 1,2020 -June 30,2021
AMOUNT:$225,000 each twelve (12)month period
A.SUMMARY OF SERVICES
CONTRACTOR shall provide community-based intensive home visitation services to
families and their children at risk of abuse or neglect referred by DSS.Services will
nurture parental competence and positive childhood development,and shall include
education services,child development guidance and coordination,referral and
linkage to existing community resources.CONTRACTOR's Home Visitor staff shall
provide services primarily in the family's home setting.Auxiliary services,including
but not limited to parenting classes and mental health services,may be referred to a
community provider or performed outside of the family's home setting.
Program services shall be for a maximum of six (6)months for each family,with an
option of an additional (6)six months with written justification from CONTRACTOR
and approval of DSS.Families which have successfully met their family goals shall
be successfully discharged.
B.TARGET POPULATION
1.Parents (mothers and fathers)and children whose families are receiving DSS
services and are at high risk of abuse or neglect;and
Exhibit A
Page 2 of 5
2.Families who are involved in DSS Child Welfare Services and accept services
offered through the Voluntary Maintenance Program.
C.REFERRALS
1.DSS will prioritize referrals to CONTRACTOR for families with children ages 0-5
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
Contractor shall:
1.Serve an estimated maximum of 113 unduplicated DSS families for each twelve
(12)month term of this Agreement.
2.Track all referrals received from DSS and provide a summary by the io"of each
month,with the invoice and Monthly Activity Report (MAR),to designated DSS
staff.The referral report shall include,but is not limited to the referrals received,
status and disposition of each referral.The referral report shall be in a format
mutually agreed upon by CONTRACTOR and DSS.
3.Provide an individualized,family-centered service plan for each enrolled family.A
copy of the service plan shall be provided to the DSS Social Worker.Plans shall
be updated in accordance with changes in family needs,at a minimum three (3)
months after initial enrollment.
4.Complete standardized pre and post-assessments of family functioning using the
Adult Adolescent Parenting Inventory (MPI)tool for each enrolled parent.
Results shall be provided to the DSS Social Worker within thirty (30)days of
pre/posttest completion.
5.Complete the standardized child development evaluations [Ages and Stages
Questionnaire (ASQ)and Ages and Stages Social and Emotional (ASQ-SE)]for
each referred child and every six (6)months thereafter.Results shall be provided
to the assigned Social Worker within thirty (30)days of evaluation completion.
6.Participate in Multi-Disciplinary Services that includes Team Decision Making
(TDM)meetings and/or case staffing involving specific families served.
7.Have Supervisory and/or Management staff participate in DSS meetings to
discuss program and/or contractual issues.DSS shall coordinate the meetings.
8.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.
Exhibit A
Page 3 of 5
9.Provide monthly written progress reports by a date and in a format mutually
agreed to by CONTRACTOR and DSS,for each family served,to the assigned
DSS Social Worker.Progress Reports shall include,but are not limited to:
•Date of referral,contact attempts made and type of contact i.e.telephone,
home visit,email,text;
•Date of enrollment and number of months enrolled in program;
•Copy of the most current family service plan;
•Number of completed home visits,date(s)of visit and reason if visit was
not completed;
•Dates and types of services provided for the month;
•Adjunct services/classes attended for the month,date of classes and
reason if classes were not attended,if applicable;
•Copies of certificates of completion from classes,if applicable;
•Results of all ASQ,ASQ-SE,and AAPls completed;
•Reason for termination,if applicable;
•Date of successful discharge.
10.At five (5)months from the date of each client family's enrollment date,if
CONTRACTOR's staff determines,in conjunction with DSS'Social Worker,the
client family will not meet the established family goals as identified in the family
plan and will benefit from continued participation,CONTRACTOR shall obtain
prior written approval from DSS to continue services for an identified amount of
time not to exceed an additional six (6)months.Email notification is acceptable.
DSS acknowledges due to the dynamics of client families,unforeseen
circumstances may require an extension of services without a thirty (30)day
notice to the DSS Social Worker.CONTRACTOR shall notify and confer with the
DSS Social Worker immediately to obtain permission to continue services
extending beyond the six (6)month service period.
Services for each client family shall not exceed a total of twelve (12)months.
DSS shall develop and implement a process,with CONTRACTOR's input,to
provide CONTRACTOR with written approval in a timely manner for extending
services.
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 shall maintain a minimum of one (1)Home Visitor staff fluent in
Spanish.
Exhibit A
Page 4 of 5
3.CONTRACTOR's Supervisor to Home Visitor ratio shall not exceed 1:4.
4.CONTRACTOR shall maintain staffing in accordance with Exhibit B,Budget.
5.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.
6.CONTRACTOR shall provide training opportunities to staff,as needed,to
improve and maintain outcomes,skills,best practice and cultural competency.
F.MONTHLY REPORTS
1.CONTRACTOR shall submit the Monthly Activity Report (MAR)by the 10th 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 15,2016.
2.CONTRACTOR shall submit a monthly referral report by the io"of each month.
Form and detail shall be determined by DSS with input from CONTRACTOR,no
later than August 15,2016.
3.CONTRACTOR shall submit monthly progress reports for each client family.
Form and detail shall be determined by DSS with input from CONTRACTOR,no
later than August 15,2016.
G.GOALS AND 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 :Preserve and strengthen family functioning and
prevent the occurrence or reoccurrence of child abuse
or neglect among families in the program.
Outcome 2:Parents will demonstrate improved
practices through positive interactions
children,appropriate expectation,and
discipline practices.
parenting
with their
non-violent
Outcome 1:Parents will demonstrate skills in creating meaningful
goals that further enhance family functioning.
Outcome 3:There will be an absence of reports to Child Welfare
Services (CWS)and an increased utilization of
Exhibit A
Page 5 of 5
support systems to reduce risk of future CWS
involvement.
2.Long-Term Goal 2:Ensure safety,health,and stability within the home,
the healthy development of the child,and that the
child is prepared to succeed in school.
Outcome 1:Children will be safe,healthy and thriving within their
families.
Outcome 2:Parents will demonstrate skills to create individual and
meaningful goals for themselves and their children.
Outcome 3:Children will demonstrate healthy development and
will enter school prepared to learn.
H.COUNTY's RESPONSIBILITIES
1.OSS 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.OSS'assigned Social Worker in conjunction with CONTRACTOR's assigned staff
shall schedule the TOM meetings and/or case staffing to ensure
CONTRACTOR's staff's participation.
3.OSS staff will participate in monthly or quarterly meetings with CONTRACTOR to
discuss program and lor contractual issues.OSS will be responsible for
coordination of these meetings.
4.OSS Social Worker shall maintain regular,on-going contact to discuss family
progress,case/service plan coordination and problem solving with
CONTRACTOR,as mutually deemed appropriate.
5.OSS shall include CONTRACTOR's staff in OSS 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.
Exhibit B
Page 1 of 5
BUDGET SUMMARY
VENDOR NAME:Central Valley Children's Services Network
PROGRAM:Intensive Home Visitation
CONTRACT PERIODS:07/01/2016 -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
CATEGORY BUDGET ITEM #TOTAL
Salaries 0100 $147,000
Payroll Taxes 0150 $14,700
Benefits 0200 $20,580
SUBTOTAL $182,280
SERVICES &SUPPPLIES
Insurance 0250 $1,520
Communications 0300 $3,230
Office Expense 0350 $1,000
Equipment 0400 $1,700
Facilities 0450 $980
Travel Costs 0500 $6,480
Program Supplies 0550 $6,560
ConsultancylSubcontracts 0600 $0
Fiscal &Audits 0650 $1,000
Training 0660 $0
Indirect Costs 0700 $20,250
SUBTOTAL $42,720
TOTAL $225,000
Exhibit B
Page 2 of 5
BUDGET PERSONNEL DETAIL
VENDOR NAME:Central Valley Children's Services Network
SALARIES
%of Time on Monthly Salary I Salary I Wages
Position #of Months Funds
Project Hourly Wages Requested
Program Manager 50%12 $5,334 p/m $32,000
Home Visitor Specialist 70%12 $3,571 p/m $30,000
Home Visitor 100%12 $2,833 p/m $34,000
Home Visitor 100%12 $2,833 p/m $34,000
Home Visitor 50%12 $2,833 p/m $17,000
Total Salaries I Wages:$147,000
PAYROLL TAXES
Item Total
Payroll Taxes (10%)$14,700
Total Payroll Taxes $14,700
BENEFITS (Health Ins;Life Ins;Retirement:Other Benefits)
Benefit Item (Calculation)Total
Health Ins;Dental Ins (11%)$16,170
Retirement (3%)$4,410
Total Benefits $20,580
Total Salaries,Payroll Taxes and Benefits $182,280
Exhibit B
Page 3 of 5
BUDGET DETAIL (Services and Supplies)
VENDOR NAME:Central Valley Children's Services Network
BUDGET LINE ITEM CATEGORY &DESCRIPTION I CALCULATION SUBTOTAL TOTAL
0250 Insurance
Fire &Liability @ .80%per person x 5 employees x $1,520 $1,520
$38,104 =$1,520.
0300 Communications
Telephone,long distance and Internet $1,790
$149 x 12mo.=$1,790
Cellular telephone service $1,440 $3,230
$30 X 4 staff X 12mo.=$1,440
0350 Office Expense
General office supplies $83 X 12 =$1,000 $1,000 $1,000
0400 Equipment
Startup equipment.3 Computer stations $1,500
Other equipment may include:filing cabinets,
printer,fax,and lor cameras for documentation,etc.$200 $1,700
0450 Facilities Costs
Drinking water service $20 x 12mo.=$240 $240
Alarm monitoring service $20 x 12mo.=$240 $240
Building maintenance $42 X12mo.=$500 $500 $980
0500 Travel Cost
Mileage to travel throughout Fresno County:4 staff
x 250 miles per month x 12 months x $.54/mile =$6,480 $6,480
$6,480
0550 Program Supplies
Home visitation Learning materials
113 families x $1.66 X 16 visits =$3,000 $3,000
Parenting Classes assessments (AAPI-2)
113 parents x 2 x $2.48 =$560 $560
Child Activities materials
113 children x $1.66 x 16 sessions =$3,000 $3,000 $6,560
Materials include:handouts,booklets,notebooks
etc.Activities and learning materials include:
(books,crayons,scissors,butcher paper,paint,
construction paper,etc.).
0600 Consultancy/Subcontracts $0 $0
No anticipated expense in this line time
0650 Fiscal &Audits $1,000 $1,000
Audit expense @ .44%of contract amounts.
0660 Training $0 $0
0700 Indirect Costs $20,250 $20,250
9%
TOT AL EXPENSES:$42,720 $42,720
Exhibit B
Page 4 of 5
BUDGET DETAIL NARRATIVE
VENDOR NAME:Central Valley Children's Services Network
SALARIES
(1)50%of Full-time Program Manager:$32,000
Oversee the implementation of the program.Coordinate,plan and oversee all aspects of the program.
Essential duties include:Developmental and implementation of community services and advocacy
programs for low-income communities;program budgeting;staff hiring,training and supervision;and,
evaluation of program services.
(1)70%of Full-time Home Visitor Specialist:$30,000
Provide home visitation services to families based on identified needs and complete accompanying
paperwork;Assist Program Manager in program budgeting;staff hiring,training and supervision;and,
evaluation of program services.
(2)Full-time Home Visitors:$34,000 X 2 =$68,000
Provide home visitation services to 10-15 families based on identified needs and complete
accompanying paperwork;select appropriate curriculum for each individual family,based on needs;
and link children and families to services and resources through existing structures within the
community.
(1)50%of Full-time Home Visitor:$17,000 =$17,000
Provide home visitation services to 7-12 families based on identified needs and complete
accompanying paperwork;select appropriate curriculum for each individual family,based on needs;
and link children and families to services and resources through existing structures within the
community.
SALARY TAXES
Salary taxes were set at 10%for a total of $14,700.CSN pays all legally mandated taxes for staff to
include FICA,SUI and Worker's Compensation.
BENEFITS
CSN offers Medical,Dental,Vision,and insurance for full-time employees.Health Ins.and Dental Ins.
benefits equals to 11%of the salaries for a total of $16,170.CSN matches 3%of employee
contributions toward retirement for eligible employees,equivalent to $4,410 for a total of $20,580.
INSURANCE
Agency insurance:D &0,Fire and Liability at .80%per person of Agency's total cost of $38,104.The
number of employees in each contract spreads the insurance costs.That percentage (.80)is then
applied to the estimated total insurance premium,and multiplied by the number of program employees
supported by that contract.Calculation:.80%x $38,104 x 5 =$1,520.
Communication costs includes:Telephone,Long distance and Internet @ $149 x 12 months =$1,790
Cellular telephone service @ $30 X 4 employees X 12months =$1,440 for a total of $3,230.
COMMUNICATION
OFFICE EXPENSE
General office supplies $83 X 12 =$1,000 (printer toner,paper,white out,paper clips,envelopes,etc.).
Exhibit B
Page s of s
EQUIPMENT
There will be a one-time purchase of equipment as start-up (only for new staff).Office equipment
includes:computer work stations for three (3)staff ($1,500)and other equipment may include printer,
fax,and lor cameras for documentation,etc.($200)for a total of $1,700.
FACILITIES COST
Drinking water service $20 x 12month =$240;Alarm monitoring service $20 x 12month =$240;and
Building maintenance $42 X12mo.=$500 for a total of $980.
TRAVEL COST
Mileage to travel throughout Fresno County:4 staff x 250 miles per month x 12 months x $.54/mile =
$6,480.
PROGRAM SUPPLIES
Home visitation Learning materials 113 families x $1.66 X 16 visits =$3,000.Parenting Classes
assessments (AAPI-2)113 parents x 2 x $2.48 =$560.Child Activities materials 113 children x $1.66 x
16 sessions =$3,000.Materials include:handouts,booklets,notebooks etc.Activities and learning
materials include:(books,crayons,scissors,butcher paper,paint,construction paper,etc.)for a total of
$6,540.
CONSULTANCYffiUBCONTRACTS
There are no anticipated expenses under this line time.$0
FISCAL &AUDITS
The audit percentage is based on actual audit costs compared to the agency total contract amounts.That
percentage (.44%)is then applied to the total amount of each contract,in this case $225,000.Audit @
approximately .44%of total contract amount $225,000 =$1,000 per year.
TRAINING
There are no anticipated expenses under this line time.$0
INDIRECT COSTS
Indirect will be allocated to salaries of administrative staff.Indirect was calculated at 9%for a total of
$20,250.
Exhibit C
SELF-DEAUNG TRANSAC110N 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
Name:I Date:I
(5)Authorized Sigliat~re ----
Job Title:I
Signature:I I Date:I
:-_-::--
Exhibit 0
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 CENTRAL
VALLEY CHILDREN'S SERVICES NETWORK (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.§11165.1,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.
§11166(a)(J ).)
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