HomeMy WebLinkAboutAgreement A-17-242 with VMS Family Counseling Services.pdfAGREEMENT 1 2 THIS AGREEMENT is made and entered into this_ day of ______ , 2017, by and 3 between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred 4 to as "COUNTY", and VMS Family Counseling Services, a professional California Corporation, whose 5 address is 2350 W. Shaw Avenue, Suite 116, Fresno, CA 93711, hereinafter referred to as 6 "CONTRACTOR.". 7 WITNESSETH: 8 WHEREAS, COUNTY, through its Department of Social Services (DSS) is in need of resource 9 family training and support services as described in this agreement; and 10 WHEREAS, CONTRACTOR has the capability to train resource parents to effectively meet the 11 complex needs of children in out-of-home placements, 12 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties 13 hereto agree as follows: 14 1. SERVICES 15 A. CONTRACTOR shall perform all services and fulfill all responsibilities as identified in 16 COUNTY's Request for Proposal (RFP) No. 17-053, dated January 17, 2017, and Addendum No. One 17 (1) to COUNTY's RFP No. 17-053 dated February 7, 2017, collectively hereinafter referred to as 18 COUNTY's Revised RFP No. 17-053 and CONTRACTOR's response to said Revised RFP, hereinafter 19 referred to as CONTRACTOR's Response, all incorporated herein by reference and made part of this 20 Agreement. A copy of COUNTY's Revised RFP No. 17-053 and CONTRACTOR's Response shall be 21 retained and made available during the term of this Agreement by COUNTY' s Department of Social 22 Services. 23 B. CONTRACTOR shall perform all services set forth in Exhibit A, Summary of 24 Services, attached hereto and by this reference incorporated herein. 25 C. CONTRACTOR shall provide training and support services to resource families, 26 pursuant to the staffing pattern and program expenses detailed in Exhibit B "Budget", attached hereto 27 and by this reference incorporated herein. 28 II -1-COUNTY OF FRESNO Fresno CA
1 2. TERM 2 The term of this Agreement shall be for a period of three (3) years, commencing on July 1, 3 2017 through and including June 30, 2020. This Agreement may be extended for two (2) additional 4 consecutive twelve (12) month periods upon the written approval of both parties no later than thirty (30) 5 days prior to the first day of the next twelve month extension period. The DSS Director, or designee, is 6 authorized to execute such written approval on behalf of COUNTY based on CONTRACTOR's 7 satisfactory performance. 8 3. TERMINATION 9 Non-Allocation of Funds -The terms ohhis Agreement, and the services to be provided 1 0 thereunder, are contingent upon the approval of funds by the appropriating government agency. Should 11 sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at 12 any time by giving the CONTRACTOR thirty (30) days advance written notice. 13 A. Breach of Contract -The COUNTY or CONTRACTOR may immediately suspend or 14 terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 15 1) An illegal or improper use of funds; 16 2) A failure to comply with any term of this Agreement; 17 3) A substantially incorrect or incomplete report submitted to the COUNTY; 18 4) Improperly performed service. 19 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any 20 breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither 21 shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or 22 default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the 23 COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of 24 the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR 25 shall promptly refund any such funds upon demand. 26 27 28 -2-COUNTY OF FRESNO Fresno CA
1 B. Without Cause -Under circumstances other than those set forth above, this Agreement 2 may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director or designee, upon the 3 giving of thirty (30) days advance written notice of an intention to terminate the Agreement. 4 4. COMPENSATION 5 For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay 6 CONTRACTOR and CONTRACTOR agrees to receive compensation in accordance with Exhibit B. 7 Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement shall be at 8 CONTRACTOR's adopted rate per mile, not to exceed the IRS published rate. 9 In no event shall actual services performed under this Agreement be in excess of Three 10 Hundred and Eighty-Nine Thousand, One-Hundred and Eighty Dollars ($389,180) for the period July 1, 11 2017 through June 30, 2018. In no event shall actual services performed under this Agreement be in excess 12 of Three Hundred and Ninety-Four Thousand, Eight-Hundred and Thirteen Dollars ($394,813) for the 13 period July 1, 2018 through June 30, 2019. In no event shall actual services performed under this 14 Agreement be in excess of Four Hundred and Ninety-Five Thousand, Three-Hundred and Seventy Dollars 15 ($495,374) for the period July 1, 2019 through June 30, 2020. In no event shall actual services performed 16 under this Agreement be in excess of Five Hundred and Twenty-Four Thousand, Three-Hundred and Forty-17 Two Dollars ($524,342) for the period July 1, 2020 through June 30, 2021. In no event shall actual services 18 performed under this Agreement be in excess of Five Hundred and Ninety-Four Thousand, Four-Hundred 19 and Twenty-Nine Dollars ($594,429) for the period July 1, 2021 through June 30, 2022. The cumulative 20 total ofthis Agreement shall not be in excess of Two Million, Three Hundred and Ninety-Eight Thousand 21 and One-Hundred and Thirty-Four Dollars ($2,398,134). 22 Payments by COUNTY shall be in arrears, for services provided during the preceding month, 23 within forty-five (45) days after receipt, verification and approval of CONTRACTOR's invoices by 24 COUNTY. 25 It is understood that all expenses incidental to CONTRACTOR's performance of services 26 under this Agreement shall be borne by CONTRACTOR. 27 To the extent permitted by State and Federal rules and regulations, advanced payment ofup to 28 twenty percent (20%) of the compensation under this Agreement may be requested of COUNTY by -3-COUNTY OF FRESNO Fresno CA
1 CONTRACTOR. Advance payments shall be limited to implementation costs for new and/or expanded 2 services only. Approval of an advanced payment is at the sole discretion of COUNTY's DSS Director or 3 designee. If advanced payment occurs, the amount of the advanced payment shall be deducted in equal 4 installments from claims submitted for the final six (6) months of this Agreement. 5 5. INVOICING 6 CONTRACTOR shall invoice COUNTY' s DSS in arrears by the tenth (10th) of each month 7 for expenditures incurred to provide services rendered in the previous month to: 8 DSSinvoices@co.fresno.ca.us. Payments by COUNTY's DSS shall be in arrears, for actual services 9 provided during the preceding month, within forty-five ( 45) days after receipt, verification and approval of 10 CONTRACTOR's invoices by COUNTY's DSS. A monthly activity report shall accompany the invoice, 11 reflecting services supported by the invoiced expenditures and be in a form and in such detail as acceptable 12 to the 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 detail, COUNTY's DSS Director or designee shall have the right to 15 withhold payment as to only that portion of the invoice that is incorrect or improper after five (5) days 16 prior written notice or email correspondence to CONTRACTOR. CONTRACTOR agrees to continue to 17 provide services for a period of ninety (90) days after written or email notification of an incorrect or 18 improper invoice. If after the ninety (90) day period the invoice(s) is still not corrected to COUNTY's 19 DSS satisfaction, COUNTY or COUNTY's DSS Director or designee may elect to terminate this 20 Agreement, pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement. 21 All final claims shall be submitted by CONTRACTOR within sixty (60) days following the 22 month of actual service for which payment is claimed. No payment for services shall be made by 23 COUNTY's DSS on claims submitted beyond sixty (60) days following the month of actual service for 24 which payment is invoiced. 25 6. MODIFICATION 26 A. Any matters of this Agreement may be modified from time to time by the written consent 27 of all the parties without, in any way, affecting the remainder. 28 II -4-COUNTY OF FRESNO Fresno CA
1 B. Notwithstanding the above, changes to line items in the attached Budget (Exhibit B) that 2 do not exceed ten percent (10%) of the total maximum compensation, as identified in Section Four (4) of 3 this Agreement, may be made with written approval of COUNTY's DSS Director, or designee and the 4 CONTRACTOR. Said budget line item changes shall not result in any change to the maximum 5 compensation payable to CONTRACTOR, as stated herein. 6 C. CONTRACTOR hereby agrees that changes to the compensation under this Agreement 7 may be necessitated by a reduction in funding from State and/or Federal sources. The COUNTY'S DSS 8 Director or designee may modify the annual maximum compensation and cumulative maximum 9 compensation payable to CONTRACTOR, as set forth in Section Four (4) of this Agreement, 10 necessitated by reductions in funding from State and/or Federal sources. 11 7. INDEPENDENT CONTRACTOR 12 In performance of the work, duties and obligations assumed by CONTRACTOR under this 13 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the 14 CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an 15 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, 16 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, the COUNTY shall not have 17 any right to control or supervise or direct the manner or method by which CONTRACTOR shall perform 18 their work and function. However, COUNTY shall retain the right to administer this Agreement so as to 19 verify that CONTRACTOR is performing their obligations in accordance with the terms and conditions 20 thereof. 21 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the 22 rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. 23 Because of their status as an independent contractor, CONTRACTOR shall have absolutely no 24 right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely 25 liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. 26 In addition, CONTRACTOR shall be solely responsible and hold COUNTY harmless from all matters 27 relating to payment of CONTRACTOR'S employees, including compliance with Social Security 28 withholding and all other regulations governing such matters. It is acknowledged that during the term of this -5-COUNTY OF FRESNO Fresno CA
1 Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to this 2 Agreement. 3 8. NON-ASSIGNMENT 4 Neither party shall assign or transfer this Agreement nor their rights or duties under this 5 Agreement without the prior written consent of the other party. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. HOLD HARMLESS CONTRACTOR agree to indemnify, save, hold harmless, and at COUNTY's request, defend the COUNTY, their officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, their officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, their officers, agents, or employees under this Agreement. In addition, CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and/or local audit exceptions resulting from noncompliance herein on the part of CONTRACTOR. 10. INSURANCE Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at their sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the 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 coverages including completed operations, products liability, and contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand -6-COUNTY OF FRESNO Fresno CA
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employ licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance is required with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) 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 additionally 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 and executes 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, P.O. Box 1912, Fresno, CA 93718-1219, Attention: Contract Analyst, stating that such insurance coverage has been obtained and is 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 additionally insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additionally 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 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. -7-COUNTY OF FRESNO Fresno CA
1 In the event CONTRACTOR fail to keep in effect at all times insurance coverage as herein 2 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this 3 Agreement upon the occurrence of such an event. 4 All policies shall be with admitted insurers licensed to do business in the State of California. 5 Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A 6 FSC VII or better. 7 11. SUBCONTRACTS 8 CONTRACTOR shall obtain written approval from COUNTY or COUNTY's DSS Director, 9 or designee before subcontracting any of the services delivered under this Agreement. Any transferee, 10 assignee or subcontractor will be subject to all applicable provisions of this Agreement, and all applicable 11 State and Federal regulations. CONTRACTOR shall be held primarily responsible by COUNTY for the 12 performance of any transferee, assignee or subcontractor unless otherwise expressly agreed to in writing by 13 COUNTY. The use of subcontractor by CONTRACTOR shall not entitle CONTRACTOR to any 14 additional compensation than is provided for under this Agreement. 15 12. CONFLICT OF INTEREST 16 No officer, employee or agent of the COUNTY who exercises any :function or responsibility 17 for planning and carrying out of the services provided under this Agreement shall have any direct or indirect 18 personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be employed 19 by the CONTRACTOR under this Agreement to fulfill any contractual obligations with the COUNTY. The 20 CONTRACTOR shall comply with all Federal, State of California and local conflict of interest laws, statutes 21 and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any 22 officer, employee or agent of the COUNTY. 23 13. DISCLOSURE OF SELF-DEALING TRANSACTIONS 24 This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-25 profit or non-profit corporation) or if during the term of this agreement, the CONTRACTOR changes its 26 status to operate as a corporation. 27 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing 28 transactions that they are a party to while the CONTRACTOR is providing goods or performing services -8-COUNTY OF FRESNO Fresno CA
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 under this Agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this references incorporated herein, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 14. NON-DISCRIMINATION During the performance of this Agreement CONTRACTOR shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of ethnic group identification, gender, gender identity, gender expression, sexual orientation, color, physical disability, mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious creed, pursuant to all applicable State of California and Federal statutes and regulations. 15. RECRUITMENT OF EMPLOYEES AND SERVICES TO CLIENTS CONTRACTOR shall ensure that its employment recruitment efforts, including administrative and professional staff positions, are carried out so as to adequately reflect the cultural and ethnic diversity of the population of Fresno County. CONTRACTOR shall use its best efforts to serve all cultural and ethnic groups residing in Fresno County. CONTRACTOR's employment efforts will be monitored by COUNTY at periodic intervals. 16. LIMITED ENGLISH PROFICIENCY CONTRACTOR shall provide interpreting and translation services to persons participating in CONTRACTOR's services who have limited or no English language proficiency, including services to persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to allow such participants meaningful access to the programs, services and benefits provided by CONTRACTOR. Interpreter and translation services, including translation of CONTRACTOR's "vital documents" (those documents that contain information that is critical for accessing CONTRACTOR's services or are required by law) shall be provided to participants at no cost to the participant. CONTRACTOR shall ensure that any employees, agents, subcontractor, or partners who interpret or translate for a program participant, or who directly communicate with a program participant in a language other than English, demonstrate proficiency -9-COUNTY OF FRESNO Fresno CA
1 in the participant's language and can effectively communicate any specialized terms and concepts peculiar to 2 CONTRACTOR'S services. 3 17. CONFIDENTIALITY 4 All services performed by CONTRACTOR under this Agreement shall be in strict 5 conformance with all applicable Federal, State of California, and/or local laws and regulations relating to 6 confidentiality. 7 18. DATA SECURITY 8 For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure 9 of COUNTY data including sensitive or personal client information; abuse of COUNTY resources; 10 and/or disruption to COUNTY operations, individuals and/or agencies that enter into a contractual 11 relationship with COUNTY for the purpose of providing services under this Agreement must employ 12 adequate data security measures to protect the confidential information provided to CONTRACTOR by 13 COUNTY, including but not limited to the following: 14 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to 15 COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized 16 by COUNTY for telecommuting and then only if virus protection software currency agreements are in 17 place and if a secure connection is used. 18 B. Contractor-Owned Computers or Computer Peripherals may not be brought into 19 COUNTY for use, including but not limited to mobile storage devices, without prior authorization from 20 COUNTY's Chieflnformation Officer or her designee. Data must be stored on a secure server approved 21 by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or another type 22 of secure connection of this type if any data is approved to be transferred. 23 C. County-Owned Computer Equipment -CONTRACTOR or anyone having an 24 employment relationship with COUNTY may not use COUNTY computers or computer peripherals on 25 non-COUNTY premises without prior authorization from COUNTY's Chieflnformation Officer or her 26 designee. 27 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive data on 28 any hard-disk drive. -10-COUNTY OF FRESNO Fresno CA
1 E. CONTRACTOR is responsible to employ strict controls to insure the integrity and 2 security of COUNTY' s confidential information and to prevent unauthorized access to data maintained in 3 computer files, program documentation, data processing systems, data files and data processing 4 equipment which stores or processes COUNTY data internally and externally. 5 F. Confidential client information transmitted to one party by the other by means of 6 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 7 BIT or higher. Additionally, a password or pass phrase must be utilized. 8 G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches or 9 potential breaches of security related to COUNTY's confidential information, data maintained in 10 computer files, program documentation, data processing systems, data files and data processing 11 equipment which stores or processes COUNTY data internally or externally. 12 H. The requirements in this Data Security provision shall apply to CONTRACTOR's 13 subcontractor, if any. 14 19. CLEAN AIR AND WATER 15 In the event the funding under this Agreement exceeds One Hundred Thousand and No/100 16 Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards, orders or requirements 17 issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in 33 18 U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated thereunder. Under these laws 19 and regulations, CONTRACTOR shall assure: 20 A. No facility shall be utilized in the performance of the Agreement that has been listed on the 21 Environmental Protection Agency (EPA) list of Violating Facilities; 22 B. COUNTY shall be notified prior to execution of this Agreement of the receipt of any 23 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be 24 utilized in the performance of this Agreement is under consideration to be listed on the EPA list of Violating 25 Facilities; 26 C. COUNTY and U.S. EPA shall be notified about any known violation of the above laws 27 and regulations; and 28 D. This assurance shall be included in every nonexempt subgrant, contract, or subcontract. -11-COUNTY OF FRESNO Fresno CA
1 20. DRUG-FREE WORKPLACE REQUIREMENTS 2 For purposes of this paragraph, CONTRACTOR will be referred to as the "grantee". By 3 drawing funds against this grant award, the grantee is providing the certification that is required by 4 regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These 5 regulations require certification by grantees that they will maintain a drug-free workplace. False 6 certification or violation of the certification shall be grounds for suspension of payments, suspension or 7 termination of grants, or government wide suspension or debarment. CONTRACTOR shall also comply 8 with the requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 9 et seq.) 10 21. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INTELIGIBILITY 11 AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS 12 A. COUNTY and CONTRACTOR recognize that Federal assistance funds will be used under 13 the terms of this Agreement. For purposes of this paragraph, CONTRACTOR will be referred to as the 14 "prospective recipient". 15 B. This certification is required by the regulation implementing Executive Order 12549, 16 Debarment and Suspension, 29 CFR Part 98m section 98.510, Participant's responsibilities. 17 1) The prospective recipient of Federal assistance funds certified by entering 18 into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for 19 debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal 20 department or agency. 21 2) The prospective recipient of funds agrees by entering into this Agreement, 22 that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, 23 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this 24 transaction by any Federal department or agency with which this transaction originated. 25 3) Where the prospective recipient of Federal assistance funds is unable to 26 certify to any of the statements in this certification, such prospective participant shall attach an explanation 27 to this Agreement. 28 4) The prospective recipient shall provide immediate written notice to -12-COUNTY OF FRESNO Fresno CA
1 COUNTY if at any time prospective recipient learns that its certification in Paragraph Twenty Two (22) of 2 this Agreement was erroneous when submitted or has become erroneous by reason of changed 3 circumstances. 4 5) The prospective recipient further agrees that by entering into this Agreement, 5 it will include a clause identical to Paragraph Twenty Two (22) of this Agreement and titled "Certification 6 Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered 7 Transactions", in all lower tier covered transactions and in all solicitations for lower tier covered transaction. 8 6) The certification in Paragraph Twenty Two (22) of this Agreement is a 9 material representation of fact upon which COUNTY relied in entering into this Agreement. 10 22. STATEENERGYCONSERVATION 11 CONTRACTOR must comply with the mandatory standard and policies relating to energy 12 efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42 United 13 States (US) Code sections 6321, et. seq. 14 23. FRATERNIZATION 15 CONTRACTOR shall establish procedures addressing fraternization between 16 CONTRACTOR'S staff and clients. Such procedures will include provisions for informing 17 CONTRACTOR'S staff and clients regarding fraternization guidelines. 18 24. INTERPRETATION OF LAWS AND REGULATIONS 19 COUNTY reserves the right to make final interpretations or clarifications on issues relating to 20 Federal and State laws and regulations, to ensure compliance. 21 25. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 22 CONTRACTOR, its officers, consultants, subcontractors, agents and employees shall comply 23 with all applicable State, Federal and local laws and regulations governing projects that utilize Federal Funds 24 26. RECORDS 25 A. Record Establishment and Maintenance 26 CONTRACTOR shall establish and maintain records in accordance with those 27 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement. 28 CONTRACTOR shall retain all fiscal books, account records and client files for services performed under -13-COUNTY OF FRESNO Fresno CA
1 this Agreement for at least three (3) years from date of final payment under this Agreement or until all State 2 and Federal audits are completed for that fiscal year, whichever is later. 3 B. Cost Documentation 4 1) CONTRACTOR shall submit to COUNTY within fifteen (15) calendar days 5 following the end of each month, all fiscal and program reports for that month. CONTRACTOR shall also 6 furnish to COUNTY such statements, records, data and information as COUNTY may request pertaining to 7 matters covered by this Agreement. In the event that CONTRACTOR fail to provide reports as provided 8 herein, it shall be deemed sufficient cause for COUNTY to withhold payments until compliance is 9 established. 10 2) All costs shall be supported by properly executed payrolls, time records, invoices, 11 vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and 12 they shall be clearly identified and readily accessible. The support documentation must indicate the line 13 budget account number to which the cost is charged. 14 3) COUNTY shall notify CONTRACTOR in writing within thirty (30) days of any 15 potential State or Federal audit exception discovered during an examination. Where findings indicate that 16 program requirements are not being met and State or Federal participation in this program may be imperiled 17 in the event that corrections are not accomplished by CONTRACTOR within thirty (30) days of receipt of 18 such notice from COUNTY, written notification thereof shall constitute COUNTY'S intent to terminate this 19 Agreement. 20 C. Ser.vice Documentation 21 CONTRACTOR agrees to maintain records to verify services under this Agreement 22 including names and addresses of clients served, the dates of service and a description of services provided 23 on each occasion. These records and any other documents pertaining in whole or in part to this Agreement, 24 shall be clearly identified and readily accessible. 25 D. Use of Data 26 CONTRACTOR shall grant to COUNTY and the United States Department Health 27 and Human Services the royalty-free, nonexclusive and irrevocable license throughout the world to publish, 28 translate, reproduce, deliver, perform, dispose of, duplicate, use, disclose in any manner and for any purpose -14-COUNTY OF FRESNO Fresno CA
1 whatsoever and to authorize others to do so, all subject data now or hereafter covered by copyright. 2 However, with respect to subject data not originated in the performance of this Agreement, such license shall 3 be only to the extent that CONTRACTOR have the right to grant such licenses without becoming liable to 4 pay any compensation to others because of such grants. CONTRACTOR shall exert all reasonable effort to 5 advise COUNTY at time of delivery of subject data furnished under this Agreement, of all possible 6 invasions of the right of privacy therein contained, and of all portions of such subject data copied from work 7 not composed or produced in the performance of this Agreement and not licensed under this provision. 8 As used in this clause, the term "Subject Data" means writing, sound recordings, 9 pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, 10 work flow charts, equipment descriptions, data files and data processing of computer programs, and works 11 of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed 12 under this Agreement. The term does not include financial reports, cost analyses and similar information 13 incidental to contract administration. 14 CONTRACTOR shall report to COUNTY promptly and in written detail, each notice 15 of claim of copyright infringement received by CONTRACTOR with respect to all subject data delivered 16 under this Agreement. CONTRACTOR shall not affix any restrictive markings upon any data. If markings 17 are affixed, COUNTY shall have the right at any time to modify, remove, obliterate or ignore such 18 markings. 19 COUNTY shall have access to any report, preliminary findings or data assembled by 20 CONTTRACTOR under this Agreement. In addition, CONTRACTOR must receive written permission 21 from COUNTY prior to publication of any materials developed under this Agreement and file with 22 COUNTY a copy of all educational and training materials, curricula, audio/visual aids, printed material and 23 periodicals, assembled pursuant to this Agreement prior to publication. 24 27. SINGLE AUDIT CLAUSE 25 As a sub recipient of Federal financial assistance, CONTRACTOR agrees to provide copies of 26 their audit reports, performed in accordance with the requirements of the Single Audit Act of 1984 (31 USC 27 section 7502) and subject to the terms of Office of Management and Budget (0MB) Circulars (A-110, A-28 122 and A-133), to the County of Fresno. Such audits shall be delivered to COUNTY's DSS, for review not -15-COUNTY OF FRESNO Fresno CA
1 later than nine (9) months after the close of the sub recipients' fiscal year in which the funds supplied 2 through this Agreement are expended and/or received for this program. The audits must include a statement 3 of findings or a statement that there were no findings. If there were negative findings, CONTRACTOR 4 must include a corrective action plan signed by an authorized individual. Failure to comply with this Act 5 may result in COUNTY performing the necessary audit tasks, or, at COUNTY's option, contracting with a 6 qualified accountant to perform this audit. All audit costs related to this Agreement are the sole 7 responsibility of CONTRACTOR who agrees to take corrective actions to eliminate any material 8 noncompliance or weakness found as a result of such audits. Audit work performed by COUNTY under this 9 paragraph shall be billed at COUNTY cost as determined by COUNTY's Auditor-Controller/Treasurer-Tax 10 Collector. 11 28. TAX EQUITY AND FISCAL RESPONSIBILITY ACT 12 To the extent necessary to prevent disallowance of reimbursement under section 1861 (v) (1) 13 (1) (I) of the Social Security Act, (42 U.S.C § 1395x, subd. (v)(l)[I]), until the expiration of four (4) years 14 after the furnishing of services under this Agreement, CONTRACTOR shall make available, upon written 15 request to the Secretary of the United States Department of Health and Human Services, or upon request to 16 the Comptroller General of the United States General Accounting Office, or any of their duly authorized 17 representatives, a copy of this Agreement and such books, documents, and records as are necessary to certify 18 the nature and extent of the costs of these services provided by CONTRACTOR under this Agreement. 19 CONTRACTOR further agrees that in the event CONTRACTOR carries out any of its duties under this 20 Agreement through a subcontract, with a value or cost of Ten Thousand and No/100 Dollars ($10,000) or 21 more over a twelve (12) month period, with a related organization, such Agreement shall contain a clause to 22 the effect that until the expiration of four ( 4) years after the furnishing of such services pursuant to such 23 subcontract, the related organizations shall make available, upon written request to the Secretary of the 24 United Sates General Accounting Office, or any of their duly authorized representatives, a copy of such 25 subcontract and such books, documents, and records of such organization as are necessary to verify the 26 nature and extent of such costs. 27 29. CHILD ABUSE REPORTING 28 CONTRACTOR shall utilize a procedure acceptable to COUNTY to ensure that all of -16-COUNTY OF FRESNO Fresno CA
1 CONTRACTOR'S employees, volunteers, consultants, subcontractor or agents performing services under 2 this Agreement shall report all known or suspected child abuse or neglect to one or more of the agencies set 3 forth in Penal Code Section 11165.9. This procedure shall include having all of CONTRACTOR's 4 employees, volunteers, consultants, subcontractor or agents performing services under this Agreement sign a 5 statement that he or she knows of and will comply with the reporting requirements set forth in Penal Code 6 Section 11166. The statement to be utilized by CONTRACTOR is set forth in Exhibit D, attached hereto 7 and by this reference incorporated herein. 8 30. CHARITABLE CHOICE 9 CONTRACTOR may not discriminate in its program delivery against a client or potential 10 client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively 11 participate in a religious practice. Any specifically religious activity or service made available to individuals 12 by the CONTTRACTOR must be voluntary as well as separate in time and location from County funded 13 activities and services. CONTRACTOR shall inform County as to whether it is faith-based. If 14 CONTRACTOR identifies as faith-based, they must submit to DSS a copy of its policy on referring 15 individuals to alternate treatment CONTRACTOR, and include a copy of this policy in their client 16 admission forms. The policy must inform individuals that they may be referred to an alternative provider if 17 they object to the religious nature of the program, and include a notice to DSS. Adherence to this policy will 18 be monitored during annual site reviews, and a review of client files. If CONTRACTOR identifies as faith-19 based, by July 1 of each year CONTRACTOR will be required to report to DSS the number of individuals 20 who requested referrals to alternate providers based on religious objection. 21 31. PERSONNEL DISCLOSURE 22 CONTRACTOR shall make available to COUNTY a current list of all personnel providing 23 services hereunder. Changes to this list will be immediately provided to COUNTY in writing. The list shall 24 provide the following information: 25 A. All full or part-time staff positions by title whose direct services are required to provide the 26 programs described herein; 27 B. A brief description of the functions of each such position and hours each person in such 28 position works each week or, for part-time positions, each day or month, as appropriate; -17-COUNTY OF FRESNO Fresno CA
1 C. The education and experience levels required for each position; and 2 D. The names of persons filling the identified positions. 3 32. PROHIBITION ON PUBLICITY 4 None of the funds, materials, property or services provided directly or indirectly under this 5 Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e., purchasing of 6 tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above, 7 publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to 8 raise public awareness about the availability of such specific services when approved in advance by the 9 Director or designee and at a cost as provided in Exhibit B for such items as written/printed materials, the 10 use of media (i.e., radio, television, newspapers) and any other related expense(s). 11 33. PROPERTY OF COUNTY 12 Any use of COUNTY funds provided under this Agreement, as specified in Exhibit B, for the 13 purchase of computer hardware, software and printer must be approved by COUNTY prior to purchase and 14 must meet COUNTY specifications. Any hardware and software so provided shall remain the property of 15 COUNTY and shall revert to COUNTY's physical possession upon termination or expiration of this 16 Agreement. CONTRACTOR agrees to take reasonable and prudent steps to ensure the security of any and 17 all said hardware and software provided to it by COUNTY under this Agreement, to maintain replacement-18 value insurance coverage on said hardware and software of like kind and quality approved by COUNTY. 19 All purchases over Five Thousand Dollars ($5,000), and certain purchases under Five 20 Thousand Dollars ($5,000) such as cameras, televisions, DVD players and other sensitive items, made 21 during the life of this Agreement that will outlive the life of this Agreement, shall be identified as fixed 22 assets with an assigned Fresno County DSS Accounting Inventory Number. These fixed assets shall be 23 retained by COUNTY, as COUNTY property, in the event this Agreement is terminated or upon expiration 24 of this Agreement. CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed 25 assets and shall be physically present when fixed assets are returned to COUNTY possession at the 26 termination or expiration of this Agreement. CONTRACTOR is responsible for returning to COUNTY all 27 COUNTY owned fixed assets upon the expiration or termination of this Agreement. 28 II -18-COUNTY OF FRESNO Fresno CA
1 AUDITS AND INSPECTIONS 2 CONTRACTOR shall at any time during business hours, and as often as COUNTY may 3 deem necessary, make available to COUNTY for examination all of its records and data with respect to 4 the matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY, permit 5 COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's 6 compliance with the terms of this Agreement. 7 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), CONTRACTOR 8 shall be subject to the examination and audit of the State of California Auditor General for a period of 9 three (3) years after final payment under contract (California Government Code section 8546.7). 10 In addition, CONTRACTOR shall cooperate and participate with COUNTY's fiscal review 11 process and comply with all final determinations rendered by the COUNTY's fiscal review process. If 12 COUNTY reaches an adverse decision regarding CONTRACTOR's services to consumers, it may result 13 in the disallowance of payment for services rendered; or in additional controls to the delivery of services, 14 or in the termination of this Agreement, at the discretion of COUNTY's DSS Director or designee. If as 15 a result of COUNTY's fiscal review process a disallowance is discovered due to CONTRACTOR's 16 deficiency, CONTRACTOR shall be financially liable for the amount previously paid by COUNTY to 17 CONTRACTOR and this disallowance will be adjusted from CONTRACTOR's future payments, at the 18 discretion of COUNTY' s DSS Director or designee. In addition, COUNTY shall have the sole discretion 19 in the determination of fiscal review outcomes, decisions and actions. 20 34. NOTICES 21 The persons and their addresses having authority to give and receive notices under this 22 Agreement include the following: 23 24 25 26 27 28 COUNTY Director. Countv of Fresno Department of Social Services P.O. Box 1912 Fresno. CA 93721 CONTRACTOR Chief Executive Officer VMS Family Counseling Services 2350 W. Shaw Avenue, Suite 116 Fresno. CA 93711 Any and all notices between the COUNTY and the CONTRACTOR provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal services, when deposited in the United States Mail, postage -19-COUNTY OF FRESNO Fresno CA
1 prepaid, addressed to such party. 2 35. CHANGE OF LEADERSHIP/MANAGEMENT 3 In the event of any change in the status of CONTRACTOR's leadership or management, 4 CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from the date of change. 5 Such notification shall include any new leader or manager's name, address and qualifications. "Leadership 6 or management" shall include any employee, member, or owner of CONTRACTOR who either a) directs 7 individuals providing services pursuant to this Agreement, b) exercises control over the manner in which 8 services are provided, or c) has authority over CONTRACTOR'S finances. 9 36. GOVERNING LAW 1 0 The parties agree that, for the purposes of venue, performance under this Agreement shall only 11 be in Fresno County, California. 12 The rights and obligations of the parties and all interpretation and performance of this 13 Agreement shall be governed in all respects by the laws of the State of California. 14 37. ENTIRE AGREEMENT 15 This Agreement, including all Exhibits, the COUNTY's Revised RFP No. 17-053 and 16 CONTRACTOR's Response, constitutes the entire agreement between the CONTRACTOR and the 17 COUNTY with respect to the subject matter hereof and supersedes all previous agreement negotiations, 18 proposals, commitments, writings, advertisements, publications, and understandings of any nature 19 whatsoever unless expressly included in this Agreement. In the event of any inconsistency among the 20 documents, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) 21 to this Agreement, including all Exhibits attached hereto; (2) to COUNTY's Revised RFP No. 17-053; and 22 (3) to CONTRACTOR's Response. 23 24 25 26 27 28 -20-COUNTY OF FRESNO Fresno CA
1 APPROVED AS TO LEGAL FORM: 2 DANIEL C. CEDERBORG, COUNTY COUNSEL 3 : By f.&M~~,t~ 6 7 APPROVED AS TO ACCOUNTING FORM: 8 OSCARJ. GAR.CIA, C.P.A, AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR 9 10 By {}/k. CL£2rJ=cfi 11 12 13 14 REVIEWED AND RECOMMENDED 15 FOR APPROVAL 16 17 B ~~~~~~~:!.---18 19 20 21 22 23 24 25 26 Fund/Subclass: 0001/10000 27 Organization:56107001 28 Account: 7870/0 -22-COUNTY OF FRESNO Fresno CA
ORGANIZATION: ADDRESS: CONTACT: SERVICES: SUMMARY OF SERVICES VMS Family Counseling Services 2350 W. Shaw Avenue, Suite 116 Fresno, CA 93711 Victoria Sanders, LMFT (559) 573-4194 Resource Family Training and Support PROGRAM DESCRIPTION: Exhibit A Page 1 of 3 VMS Family Counseling Services ("VMS") will provide training that allows resource families to complete ongoing mandated training requirements that enhance their ability to provide high quality parenting; and support services designed to increase the satisfaction and retention of resource families. VMS will train approximately 350 resource families in the first year providing core and specialized courses sufficient to meet the training requirements for all resource families. VMS will provide ongoing assessment of training needs of resource families and will increase capacity to meet those needs up to approximately 700 resource families per year. VMS will utilize a competency based training model to ensure families have the ability to implement skills and strategies to support resource family role to provide safety, well-being and permanence for children requiring out-of-home placement. VMS will provide support services for resource families that are consistent with the principles and values of Fresno County's Quality Parenting Initiative. Support services will include coordination and/or facilitation of monthly support groups and partnering with DSS in the planning and coordination of the Annual Let's Talk Conference celebrating resource families. CONTRACTOR RESPONSIBLITIES: 1. Utilize a Competency Based CWS training model to train and prepare resource families, CWS staff, and community patiners. 2. Provide CPR/First Aid certification training as needed and/or required by DSS. 3. Provide specialized training sessions identified by DSS staff to enhance and support resource families' ability to meet the needs of the children in their homes. 4. Provide training that is located within the community and accessible to resource families.
Exhibit A Page 2 of 3 5. Provide alternatives to traditional classroom trammg via on-line training, independent study or individualized one-on-one training as directed by DSS CWS staff. 6. Provide monthly supp01i groups for resource families. 7. Coordinate with DSS recruitment and retention efforts. 8. Provide information and support to newly licensed resource families. 9. Coordinate efforts with DSS CWS for placement stabilization 10. Structure experiences that provide a link between training and application of county specific policies. 11. Meet regularly with CWS staff to review the DSS training needs. 12. Submit monthly activity report indicating the number of trainings held, meetings attended, and results of self-report satisfaction surveys. 13. Consult with the DSS and mutually agree on any new trainings that are deemed necessary for resource families. COUNTY RESPONSIBILITIES 1. Provide names and contact information of resource families needing to meet training requirements. 2. Notify resource families ohimes and locations of courses offered. 3. Designate a contact person for CONTRACTOR to communicate with when necessary. 4. Meet with CONTRACTOR monthly or as often as necessary, to exchange pertinent information, resolve problems and assess training and support service needs for resource families.
OUTCOMES Outcome to be Reported Increased resource family Core competency for parenting Competency maltreated children. Improve Reduced frustrations and Resource feelings of being Family overwhelmed for resource families who provide care Retention for maltreated children. Improve child placement Child Stability, permanency, stability & Permanency & well-being. Well-Being Outcome Indicators Exhibit A Page 3 of3 Resource families will report greater knowledge of trauma informed strategies to provide care for maltreated children. Resource families will report fewer issues of frustration, feelings of being overwhelmed or other indicators of secondary trauma Resource families will report greater knowledge and importance of permanency, stability and well-being for children resulting from trauma-informed instruction. The above Outcomes may be modified, by the written mutual consent of VMS and DSS during the contract te1m.
Exhibit B 1 of 10 BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2017 -June 30, 2018 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services BUDGET SUMMARY • FY 17-18 (7/1/17 -6/30/18) Budget Categories Account Number TOTAL BUDGET SALARIES & BENEFITS Personnel Salaries 0100 $236,600 Payroll Taxes 0150 $23,660 Benefits 0200 $0 Subtotal.. ...... $260,260 SERVICES & SUPPLIES Budgeted Amount Insurance 0250 $ 20,000 Communications 0300 $ 5,960 Office Expense 0350 $ 35,600 Equipment 0400 $ 9,000 Facilities 0450 $ 11,160 Travel Costs 0500 $ 6,000 Program Supplies 0550 $ 11,000 Consultancy/Subcontracts 0600 $ 15,000 Fiscal & Audits 0650 $ 11,200 Training 0660 $ 4,000 Indirect Costs 0700 $ -Subtotal ........ $ 128,920 TOTAL (Salaries/Benefits & Services/Supplies) $389,180
Exhibit B 2 of 10 BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2017 to June 30, 2018 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services Account Expense Category Descriptions Number Account Total 0100 Salaries $236,600 CEO $40,000 Program Supervisor $35,000 Trainers $110,000 Administrative Staff $22,800 Part-Time Trainer $28,800 0150 Payroll Taxes $23,660 FICA $18,100 SUI $5,560 0200 Benefits $0 0250 Insurance $20,000 Malpractice Insurance/General Liability $2,000 Car Insurance $1,440 Workers Compensation $16,560 0300 Communications $5,960 Telephone expenses $4,400 Internet $1,560 0350 Office Expense $35,600 Rent $30,800 Utilities $4,800 0400 Equipment $9,000 0450 Facilities $11,160 0500 Travel Costs $6,000 0550 Program Supplies $11,000 0600 Consultancy/Subcontracts $15,000 0650 Fiscal & Audits $11,200 Audit Exernal Accounting and Record Keeping 0660 Training $4,000 0700 Indirect Costs $0 Budget Total $389,180
Exhibit B 3 of 10 BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2018. June 30, 2019 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services BUDGET SUMMARY • FY 18-19 (7/1/18 • 6/30/19) Budget Categories Account Number TOTAL BUDGET SALARIES & BENEFITS Personnel Salaries 0100 $258,230 Payroll Taxes 0150 $25,823 Benefits 0200 $0 Subtotal ........ $284,053 SERVICES & SUPPLIES Budgeted Amount Insurance 0250 $ 21,500 Communications 0300 $ 5,160 Office Expense 0350 $ 37,500 Equipment 0400 $ 3,400 Facilities 0450 $ 5,000 Travel Costs 0500 $ 5,000 Program Supplies 0550 $ 8,000 Consultancy/Subcontracts 0600 $ 10,000 Fiscal & Audits 0650 $ 11,200 Training 0660 $ 4,000 Indirect Costs 0700 $ . Subtotal ........ $ 110,760 TOTAL (Salaries/Benefits & Services/Supplies) $394,813
Exhibit B 4 of 10 BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2018 to June 30, 2019 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services Account Expense Category Descriptions Number Account Total 0100 Salaries $258,230 CEO $46,800 Program Supervisor $37,450 Trainers $117,700 Administrative Staff $24,600 Part-Time Trainer $31,680 0150 Payroll Taxes $25,823 FICA $19,755 SUI $0,Uotl 0200 Benefits $0 0250 Insurance $21,500 Malpractice Insurance/General liability $2,000 Car Insurance $1,500 Workers Compensation $18,000 0300 Communications $5,160 Telephone expenses $3,600 Internet $1,560 0350 Office Expense $37,500 Rent $32,700 Utilities $4,800 0400 Equipment $3,400 0450 Facilities $5,000 0500 Travel Costs $5,000 0550 Program Supplies $8,000 0600 Consultancy/Subcontracts $10,000 0650 Fiscal & Audits $11,200 Audit Exernal Accounting and Record Keeping 0660 Training $4,000 0700 Indirect Costs $0 Budget Total $394,813
Exhibit B 5 of 1 O BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2019 -June 30, 2020 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services BUDGET SUMMARY -July 1, 2019 -June 30, 2020 (for each 12-month period) Budget Categories Account Number TOTAL BUDGET SALARIES & BENEFITS Personnel Salaries 0100 $339,636 Payroll Taxes 0150 $33,963 Benefits 0200 $0 Subtotal ........ $373,599 SERVICES & SUPPLIES Budgeted Amount Insurance 0250 $ 27,775 Communications 0300 $ 6,600 Office Expense 0350 $ 40,000 Equipment 0400 $ 3,400 Facilities 0450 $ 5,000 Travel Costs 0500 $ 7,000 Program Supplies 0550 $ 10,000 Consultancy/Subcontracts 0600 $ 6,000 Fiscal & Audits 0650 $ 12,000 Training 0660 $ 4,000 Indirect Costs 0700 $ -Subtotal ........ $ 121,775 TOTAL (Salaries/Benefits & Services!Supplies) $495!374
Exhibit B 6 of 10 BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2019 to June 30, 2020 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services Account Expense Category Descriptions Number Account Total 0100 Salaries $339,636 CEO $50,076 Program Supervisor $40,080 Trainers $189,000 Administrative Staff $26,400 Part-Time Trainer $34,080 0150 Payroll Taxes $33,963 FICA $25,982 SUI :i;r ,inn 0200 Benefits $0 0250 Insurance $27,775 Malpractice Insurance/General Liability $2,500 Car Insurance $1,500 Workers Compensation $23,775 0300 Communications $6,600 Telephone expenses $5,100 Internet $1,500 0350 Office Expense $40,000 Rent $34,600 Utilities $5,400 0400 Equipment $3,400 0450 Facilities $5,000 0500 Travel Costs $7,000 0550 Program Supplies $10,000 0600 Consultancy/Subcontracts $6,000 0650 Fiscal & Audits $12,000 Audit Exernal Accounting and Record Keeping 0660 Training $4,000 0700 Indirect Costs $0 Budget Total $495,374
Exhibit B 7 of 10 BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2020 -June 30, 2021 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services BUDGET SUMMARY· July 1, 2020 -June 30, 2021 (for each 12-month period) Budget Categories AccountNum~er TOTAL BUDGET SALARIES & BENEFITS Personnel Salaries 0100 $360,463 Payroll Taxes 0150 $36,046 Benefits 0200 $0 Subtotal ........ $396,509 SERVICES & SUPPLIES Budgeted Amount Insurance 0250 $ 30,233 Communications 0300 $ 7,100 Office Expense 0350 $ 43,000 Equipment 0400 $ 4,000 Facilities 0450 $ 5,000 Travel Costs 0500 $ 8,500 Program Supplies 0550 $ 10,000 Consultancy/Subcontracts 0600 $ 3,000 Fiscal & Audits 0650 $ 12,000 Training 0660 $ 5,000 Indirect Costs 0700 $ . Subtotal ........ $ 127,833 TOTAL (Salaries/Benefits & Services/Supplies) $524,342
Exhibit B 8 of 10 BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2020 to June 30, 2021 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services Account Expense Category Descriptions Number Account Total 0100 Salaries $360,463 CEO $50,076 Program Supervisor $42,877 Trainers $202,230 Administrative Staff $28,800 Trainer $36,480 0150 Payroll Taxes $36,046 FICA $27,575 SUI :i,ci,471 0200 Benefits $0 0250 Insurance $30,233 Malpractice Insurance/General Liability $3,000 Car Insurance $2,000 Workers Compensation $25,233 0300 Communications $7,100 Telephone expenses $5,000 Internet $2,100 0350 Office Expense $43,000 Rent $37,600 Utilities $5,400 0400 Equipment $4,000 0450 Facilities $5,000 0500 Travel Costs $8,500 0550 Program Supplies $10,000 0600 Consultancy/Subcontracts $3,000 0650 Fiscal & Audits $12,000 Audit Exernal Accounting and Record Keeping 0660 Training $5,000 0700 Indirect Costs $0 $524,342
Exhibit B 9 of 10 BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2021 • June 30, 2022 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services BUDGET SUMMARY • July 1, 2021 -June 30, 2022 (for each 12-month period) Budget Categories Account Number TOTAL BUDGET SALARIES & BENEFITS Personnel Salaries 0100 $415,666 Payroll Taxes 0150 $41,566 Benefits 0200 $0 Subtotal ........ $457,232 SERVICES & SUPPLIES Budgeted Amount Insurance 0250 $ 35,097 Communications 0300 $ 7,100 Office Expense 0350 $ 46,000 Equipment 0400 $ 4,000 Facilities 0450 $ 6,000 Travel Costs 0500 $ 8,500 Program Supplies 0550 $ 10,000 Consultancy/Subcontracts 0600 $ 2,500 Fiscal & Audits 0650 $ 13,000 Training 0660 $ 5,000 Indirect Costs 0700 $ . Subtotal ........ $ 137,197 TOTAL (Salaries/Benefits & Services/Supplies) $594,429
Exhibit B 10 of 10 BUDGET EXPENSE CATEGORY DESCRIPTIONS July 1, 2021 to June 30, 2022 NAME OF ORGANIZATION: VMS Family Counseling Services NAME OF PROJECT: Resource Family Training & Support Services Account Expense Category Descriptions Number Account Total 0100 Salaries $415,666 CEO $50,076 Program Supervisor $45,878 Trainers $288,512 Administrative Staff $31,200 0150 Payroll Taxes $41,566 FICA $31,798 SUI $9,768 0200 Benefits :PU 0250 Insurance $35,097 Malpractice Insurance/General Liability $3,500 Car Insurance $2,500 Workers Compensation $29,097 0300 Communications $7,100 Telephone expenses $5,000 Internet $2,100 0350 Office Expense $46,000 Rent $40,000 Utilities $6,000 0400 Equipment $4,000 0450 Facilities $6,000 0500 Travel Costs $8,500 0550 Program Supplies $10,000 0600 Consultancy/Sub contracts $2,500 0650 Fiscal & Audits $13,000 Audit Exernal Accounting and Record Keeping 0660 Training $5,000 0700 Indirect Costs $0 Budget Total $594,429
SELF-DEALING TRANSACTION DISCLOSURE FORM Exhibit C Page 1 of 2 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).
(1) CompanyB.oard·Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: .·. (3) Disdosure (Please describe the nature of the self~dealing transaction you are a party to): Exhibit C Page 2 of2 ·. (4) Explain why this self-dealing transaction is con.sistent Witp the requirements of Corporation~ Code 5233 {a): (5) Authorized Signature Signature: I I Date: ·. I
Exhibit D NOTICE OF CHILD ABUSE REPORTING LAW The undersigned hereby acknowledges that Penal Code section 11166 and the contractual obligations between County of Fresno (COUNTY) and VMS Family Counseling Services, related to provision of services, require that the undersigned report all known or suspected child abuse or neglect to one or more of the agencies set forth in Penal Code (P.C.) section(§) 11165.9. For purposes of the undersigned's child abuse reporting requirements, "child abuse or neglect" includes physical injury inflicted by other than accidental means upon a child by another person, sexual abuse as defined in P. C. § 11165. I, neg! ect 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 repo11 shall be made to any police department or sheriffs department (not including a school district police or security department), or to any county welfare department, including Fresno County Department of Social Services' 24 Hour CARELINE. (See PC §11165.9.) For purposes of child abuse reporting, a "reasonable suspicion" means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. The pregnancy of a child does not, in and of itself, constitute a basis for reasonable suspicion of sexual abuse. (P .C. § l 1166(a)(l ).) Substantial penalties may be imposed for failure to comply with these child abuse repo11ing requirements. Further information and a copy of the law may be obtained from the County of Fresno Department of Social Services Director or designee. I have read and understand the above statement and agree to comply with the child abuse reporting requirements. SIGNATURE DATE