HomeMy WebLinkAboutA-16-447Contract.pdfAgreement No. 16-447
AGREEMENT 1
2 This Agreement is made and entered into this 12th day of--'J~u°'"ly.__ ___ 2016, by and
3 between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
4 referred io as "COUNTY", and EXCEPTIONAL PARENTS UNLIMITED, INC., a California non-
5 profit public benefit corporation, whose address is 4440 N. First Street, Fresno, CA 93726, hereinafter
6 referred to as "CONTRACTOR."
7 WITNESS ETH:
8 WHEREAS, COUNTY, through its Department of Social Services (DSS) seeks to provide
9 services designed to strengthen parental capacity and to improve the parent-child relationship for
10 separated families involved in the Child Welfare Services system; and
11 WHEREAS, the intended outcomes of these services will increase child safety, family
12 functioning, home stability and family reunification; and
13 WHEREAS, CONTRACTOR represents it possesses the experience and skills to provide the
14 services desired by COUNTY's DSS.
15 NOW, THEREFORE, in consideration o.ftheir mutual covenants and conditions, the parties
16 hereto agree as follows:
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1. SERVICES
A. CONTRACTOR shall perform all services and fulfill all responsibilities, as
19 Identified in COUNTY's Request for Proposal (RFP) No. 952-5429 dated January 21, 2016 and
20 Addendum No. One (1) to COUNTY's RFP No. 952-5429 dated February 18, 2016, collectively
21 hereinafter referred to as COUNTY's Revised RFP 952-5429 and CONTRACTOR's response to said
22 Revised RFP, dated March 2, 2016, all incorporated herein by reference and made part of this
2 3 Agreement.
24 B. CONTRACTOR shall perform all services set forth in Exhibit A, Summary of
2 5 Services, attached hereto and by this reference incorporated herein.
26 c. In the event of any inconsistency among the documents that constitutes this
2 7 Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority:
2 8 I) to this Agreement, including all Exhibits attached hereto, 2) to the Revised RFP, 3) to the response
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1 to the Revised RFP. A copy of COUNTY's Revised RFP No. 952-5429, and CONTRACTOR's
2 response, shall be retained and made available during the term of this Agreement by COUNTY's DSS.
3 D. CONTRACTOR shall participate in meetings with COUNTY's DSS staff to
4 discuss requirements, data reporting, training, policies and procedures, overall program operations and
5 any problems or foreseeable problems that may arise.
6 E. CONTRACTOR shall ensure CONTRACTOR's staff who require licensure or
7 certification shall maintain current licensures and /or certifications, further described in Section Fifteen
8 (15) of this Agreement.
9 F. In the event of the termination or expiration of this Agreement, CONTRACTOR
10 shall provide transitional services to clients currently receiving services, working with COUNTY staff
11 and I or COUNTY's contracted vendor(s). Transitional duties shall include, but are not limited to the
12 transfer of client records and shall not exceed a maximum of thirty (30) days. This section of the
13 Agreement shall survive thirty (30) days after the expiration or termination date of this Agreement.
14 G. COUNTY shall perform services as set forth in Exhibit A, Summary of Services,
15 Section H, under the heading, "COUNTY' s DSS Responsibilities."
16 2. TERM
1 7 The Agreement shall become effective upon execution and shall terminate on the 30 1
h of June,
18 2019. This agreement may be extended for two (2) additional consecutive twelve (12) month periods
19 upon the approval of both parties no later than thirty (30) days prior to the first day of the next twelve
2 0 month extension period. The Director of the Department of Social Services or designee is authorized
21 to execute such written approval on behalf of COUNTY based on CONTRACTOR's satisfactory
2 2 performance.
23 3. TERMINATION
24 A. Non-Allocation of Funds -The terms of this Agreement, and the services to be
2 5 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
2 6 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
2 7 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
28 B. Breach of Contract -COUNTY may immediately suspend or terminate this
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1 Agreement in whole or in part, where in the determination of COUNTY there is:
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An illegal or improper use of funds;
A failure to comply with any term of this Agreement;
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A substantially incorrect or incomplete report submitted to COUNTY;
Improperly performed service.
6 In no event shall any payment by COUNTY constitute a waiver by COUNTY of
7 any breach of this Agreement or any default which may then exist on the part of CONTRACTOR.
8 Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
9 breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to
10 COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of
11 COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall
12 promptly refund any such funds upon demand or, at COUNTY's option, such repayment shall be
13 deducted from future payments owing to CONTRACTOR under this Agreement.
14 c. Without Cause -Under circumstances other than those set forth above, this
15 Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director, or
16 designee, upon thirty (30) days advance written notice of an intention to terminate the Agreement.
17 4. COMPENSATION
18 For actual services provided as identified in the terms and conditions of this Agreement,
19 including Exhibit A, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
2 O compensation in accordance with Exhibit B, "Budget," attached here to and by this reference
21 incorporated herein. Mandated travel shall be reimbursed based on actual expenditures and mileage
2 2 reimbursement shall be at CONTRACTOR's adopted rate per mile, not to exceed the IRS published
23 rate. CONTRACTOR agrees to limit administrative cost to a maximum of fifteen percent (15%) of
2 4 the total program budget and to limit employee benefits to a maximum of twenty percent (20%) of
2 5 total salaries for those employees working under this Agreement during the term of this Agreement.
2 6 Payment shall be made upon certification or other proof satisfactory to COUNTY's DSS that services
2 7 have actually been performed by CONTRACTOR as specified in this Agreement.
2 8 For each twelve (12) month period of this Agreement, as listed in Exhibit A, in no event
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1 shall services performed under this Agreement be in excess of One Fifty Three Thousand Seven
2 Hundred Twenty and No/I 00 Dollars ($153, 720.00). The cumulative total of this Agreement shall not
3 be in excess of Seven Hundred Sixty Eight Thousand Six Hundred and No/100 Dollars ($768,600.00).
4 It is understood that all expenses incidental to CONTRACTOR's performance of services under this
5 Agreement shall be borne by CONTRACTOR.
6 Except as provided below regarding State payment delays, payments by COUNTY shall
7 be in arrears, for services provided during the preceding month, within forty-five (45) days after
8 receipt, verification, and approval of CONTRACTOR's invoices by COUNTY's DSS. If
9 CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall be
10 relieved of its obligation for further compensation. All final claims and I or any final budget
11 modification requests shall be submitted by CONTRACTOR within sixty (60) days following the final
12 month of service for which payment is claimed. No action shall be taken by COUNTY on claims
13 submitted beyond the sixty (60) day closeout period. Any compensation which is not expended by
14 CONTRACTOR pursuant to the terms and conditions of this Agreement shall automatically revert to
15 COUNTY.
16 The services provided by CONTRACTOR under this Agreement are funded in whole or
1 7 in part by the State of California. In the event that funding for these services is delayed by the State
18 Controller, COUNTY may defer payment to CONTRACTOR. The amount of the deferred payment
19 shall not exceed the amount of funding delayed by the State Controller to COUNTY. The period of
2 0 time of the deferral by COUNTY shall not exceed the period of time of the State Controller's delay of
21 payment to COUNTY plus forty-five (45) days.
2 2 County agrees to the extent permitted by State and Federal rules and regulations,
2 3 advanced payment of up to twenty percent (20%) of the compensation under this Agreement if
2 4 requested of County by Contractor. The amount of the advanced payment shall be deducted in equal
2 5 installments from claims submitted in the final three (3) months of this Agreement.
26 5. INVOICING
2 7 CONTRACTOR shall invoice COUNTY in arrears by the tenth (101h) day of each month
2 8 for actual expenses incurred and services rendered in the previous month to:
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1 DSSJnvoices(ci),co.fresno.ca.us. The Monthly Activity Report (MAR) shall accompany the invoice,
2 reflecting services supported by the invoiced expenditures and be in a form and in such detail as
3 acceptable to COUNTY's DSS. Invoices shall include all corresponding documentation submitted
4 and identified by line item, as identified in Exhibit B. Supporting documentation shall include but is
5 not limited to receipts, invoices received, and documented administrative I overhead costs. No
6 reimbursement for services shall be made until invoices, reports and outcomes are received, reviewed
7 and approved by COUNTY's DSS.
8 At the discretion of COUNTY' s DSS Director or designee, if an invoice is incorrect or is
9 otherwise not in proper form or substance, COUNTY's DSS Director or designee shall have the right
10 to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5)
11 days prior notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a
12 period of ninety (90) days after notification of an incorrect or improper invoice. If after the ninety
13 (90) day period, the invoice(s) is still not corrected to COUNTY's DSS satisfaction, COUNTY's DSS
14 Director or designee may elect to terminate this Agreement, pursuant to the termination provisions
15 stated in Paragraph Three (3) of this Agreement. In addition, for invoices received ninety (90) days
16 after the expiration of each term of this Agreement or termination of this Agreement, at the discretion
1 7 of COUNTY's DSS Director or designee, COUNTY's DSS shall have the right to deny payment of
18 any additional invoices received.
19 6. INDEPENDENT CONTRACTOR
2 0 In performance of the work, duties, and obligations assumed by CONTRACTOR under
21 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
2 2 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
2 3 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
2 4 employee, joint venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no
2 5 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
2 6 its work and function. However, COUNTY shall retain the right to administer this Agreement so as to
2 7 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
2 8 thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
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1 rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
2 directly or indirectly the subject of this Agreement.
3 Because of its status as an independent contractor, CONTRACTOR shall have
4 absolutely no right to employment rights and benefits available to COUNTY employees.
5 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
6 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
7 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
8 including compliance with Social Security, withholding, and all other regulations governing such
9 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be
10 providing services to others unrelated to COUNTY or to this Agreement.
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7. MODIFICATION
A. Any matters of this Agreement may be modified from time to time by the written
13 consent of all the parties without, in any way, affecting the remainder. However, changes to the MAR
14 format or content may be made in accordance with Section Twelve ( 12) of th is Agreement.
15 B. Notwithstanding the above, changes to line items in the budget, attached hereto
16 as Exhibit B, in an amount not to exceed ten percent (10%) of the total maximum compensation as
1 7 identified in Section Four (4) of this Agreement, may be made with the written approval of
18 COUNTY's DSS Director or designee and CONTRACTOR. Budget line item changes shall not result
19 in any change to the maximum compensation amount payable to CONTRACTOR, as stated herein.
20 c. CONTRACTOR hereby agrees that changes to the compensation under this
21 Agreement may be necessitated by a reduction in funding from State and I or Federal sources.
2 2 COUNTY's DSS Director or designee may modify the maximum compensation depending on State
2 3 and Federal funding availability, as stated in Section Four (4) in this Agreement. CONTRACTOR
2 4 further understands that this Agreement is subject to any restrictions, limitations or enactments of all
2 5 legislative bodies which affect the provisions, term, or funding of this Agreement in any manner.
26 8. NON-ASSIGNMENT
2 7 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
2 8 duties under this Agreement without the prior written consent of the other party.
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1 9. HOLD-HARMLESS
2 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
3 defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
4 attorney fees and court costs, damages, liabilities, claims, and losses occurring or resulting to
5 COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
6 agents, or employees under this Agreement, and from any and all costs and expenses, including
7 attorney fees and court costs, damages, liabilities, claims, and losses occurring or resulting to any
B person, firm, or corporation who may be injured or damaged by the performance, or failure to
9 perform, of CONTRACTOR, its officers, agents, or employees under this Agreement. In addition,
10 CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and I or local audit
11 exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
12 10. INSURANCE
13 Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or
14 any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
15 following insurance policies throughout the term of this Agreement:
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A.
B.
Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations,
product liability, contractual liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars ($500,000) per accident and for property damages of
not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
should include owned and non-owned vehicles used in connection with this
Agreement.
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D.
Professional Liability
If CONTRACTOR employs licensed professional staff (e.g. Ph.D., R.N.,
L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars ($1,000,000) per occurrence, Three
Million Dollars ($3,000,000) annual aggregate.
Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTOR signs this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, DSS, PO BOX 1912, Fresno,
California, 93 718-1912, 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
contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance
shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given
to COUNTY.
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1 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
2 herein provided, COUNTY may, in addition to other remedies it may have, suspend, or terminate this
3 Agreement upon the occurrence of such event.
4 All policies shall be with admitted insurers licensed to do business in the State of
5 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
6 of A FSC VII or better.
7 11. CHILD ABUSE REPORTING
8 CONTRACTOR shall utilize a procedure acceptable to COUNTY's DSS to ensure that
9 all of CONTRACTOR's employees, volunteers, consultants, subcontractors or agents performing
10 services under this Agreement shall report all known or suspected child abuse or neglect to one or
11 more of the agencies set forth in Penal Code Section 11165.9. This procedure shall include having all
12 of CONTRACTOR's employees, volunteers, consultants, subcontractors or agents performing services
13 under this Agreement sign a statement that he or she knows of and will comply with the reporting
14 requirements set forth in Penal Code Section 11166. The statement to be utilized by CONTRACTOR
15 is set forth in Exhibit D, attached hereto and by this reference incorporated herein.
16 12. REPORTS
1 7 CONTRACTOR shall submit to COUNTY's DSS such statements, records, reports,
18 data, and other information as the COUNTY may request pertaining to matters covered by this
19 Agreement. CONTRACTOR shall provide information as requested by COUNTY's DSS as outlined
2 O on Page Four ( 4) of Exhibit A, Summary of Services. In addition, CONTRACTOR's MAR shall be
21 submitted with invoices, further described in Section Five (5) of this Agreement. COUNTY's DSS
2 2 may request changes and I or additional information to be submitted with the MAR during the term of
2 3 this Agreement and CONTRACTOR shall provide requested information. In the event that the
2 4 CONTRACTOR fails to provide such reports or other information required hereunder, it shall be
2 5 deemed sufficient cause for the COUNTY to withhold monthly payments until there is compliance. In
2 6 addition, the CONTRACTOR shall provide written notification and explanation to the COUNTY
2 7 within fifteen ( 15) days of any funds received from another source to conduct the same services
2 8 covered by this Agreement.
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1 13. PERSONNEL DISCLOSURE
2 CONTRACTOR shall make available to COUNTY's DSS a current list of all personnel
3 providing services hereunder. Changes to this list will be immediately provided to COUNTY in
4 writing. The list shall provide the following information:
5 A. All full or part-time staff positions by title whose direct services are required to
6 provide the programs described herein;
7 B. A brief description of the functions of each such position and hours each person
8 in such position works each week or, for part-time positions, each day or month, as appropriate;
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c.
D.
The education and experience levels required for each position; and
The names of persons filling the identified positions.
LICENSES
12 CONTRACTOR warrants that it possesses all licenses and/or certificates required by
13 local, State of California and/or Federal laws and regulations for the conduct of its business and shall
14 operate its business in accordance with all applicable laws and regulations. CONTRACTOR further
15 warrants that all of its personnel performing services under this Agreement shall be licensed and/or
16 certified where required to lawfully perform their duties and shall maintain such licensure and/or
1 7 certification through each term of this Agreement. CONTRACTOR shall maintain copies of all
18 licenses and/or certifications noted above and shall allow COUNTY's DSS to review these documents
19 upon request.
20 15. SUBCONTRACTS
21 CONTRACTOR shall obtain written approval from COUNTY or COUNTY's DSS
2 2 Director, or designee before subcontracting any of the services delivered under this Agreement. Any
2 3 transferee, assignee or subcontractor will be subject to all applicable provisions of this Agreement, and
2 4 all applicable State and Federal regulations. CONTRACTOR shall be held primarily responsible by
2 5 COUNTY for the performance of any transferee, assignee or subcontractor unless otherwise expressly
2 6 agreed to in writing by COUNTY. The use of subcontractors by CONTRACTOR shall not entitle
2 7 CONTRACTOR to any additional compensation than is provided for under this Agreement.
2 8 ///
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1 16. CONFLICT OF INTEREST
2 No officer, agent, or employee of COUNTY who exercises any function or
3 responsibility for planning and carrying out the services provided under this Agreement shall have any
4 direct or indirect personal financial interest in this Agreement. In addition, no employee of COUNTY
5 shall be employed by CONTRACTOR to fulfill any contractual obligations with COUNTY.
6 CONTRACTOR shall also comply with all Federal, State of California, and local conflict of interest
7 laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under this
8 Agreement and any officer, agent, or employee of COUNTY.
9 17. NON-DISCRIMINATION
10 During the performance of this Agreement CONTRACTOR shall not unlawfully
11 discriminate against any employee or applicant for employment, or recipient of services, because of
12 ethnic group identification, gender, gender identity, gender expression, sexual orientation, color,
13 physical disability, mental disability, medical condition, national origin, race, ancestry, marital status,
14 religion, or religious creed, pursuant to all applicable State of California and Federal statutes and
15 regulations.
16 18. RECRUITMENT OF EMPLOYEES AND SERVICE TO CLIENTS
1 7 CONTRACTOR shall ensure that its employment recruitment efforts, including
18 administrative and professional staff positions, are carried out so as to adequately reflect the cultural
19 and ethnic diversity of the population of Fresno County. CONTRACTOR shall use its best efforts to
2 O serve all cultural and ethnic groups residing in Fresno County. CONTRACTOR's employment efforts
21 will be monitored by COUNTY's DSS at periodic intervals.
22 19. LIMITED ENGLISH PROFICIENCY
2 3 CONTRACTOR shall provide interpreting and translation services to persons
2 4 participating in CONTRACTOR's services who have limited or no English language proficiency,
2 5 including services to persons who are deaf or blind. Interpreter and translation services shall be
2 6 provided as necessary to allow such participants meaningful access to the programs, services and
2 7 benefits provided by CONTRACTOR. Interpreter and translation services, including translation of
2 8 CONTRACTOR's "vital documents" (those documents that contain information that is critical for
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1 accessing CONTRACTOR's services or are required by law) shall be provided to participants at no
2 cost to the participant. CONTRACTOR shall ensure that any employees, agents, subcontractors, or
3 partners who interpret or translate for a program participant, or who directly communicate with a
4 program participant in a language other than English, demonstrate proficiency in the participant's
5 language and can effectively communicate any specialized terms and concepts peculiar to
6 CONTRACTOR's services.
7 20. CONFIDENTIALITY
8 All services performed by CONTRACTOR under this Agreement shall be in strict
9 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
10 to confidentiality.
11 21. DATA SECURITY
12 For the purpose of preventing the potential loss, misappropriation or inadvertent
13 disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
14 resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
15 contractual relationship with the COUNTY for the purpose of providing services under this
16 Agreement must employ adequate data security measures to protect the confidential information
1 7 provided to the CONTRACTOR by the COUNTY, including but not limited to the following:
18 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
19 COUNTY networks via personally owned mobile, wireless or handheld devices, except when
2 0 authorized by COUNTY for telecommuting and then only if virus protection software currency
21 agreements are in place, and if a secure connection is used.
22 B. Contractor-Owned Computers or Computer Peripherals may not be brought into
2 3 the COUNTY for use without prior authorization from the COUNTY's Chief Information Officer
2 4 and/or designee(s), including and not limited to mobile storage devices. Data must be stored on a
2 5 secure server approved by the COUNTY and transferred by means of a VPN (Virtual Private
2 6 Network) connection, or another type of secure connection of this type if any data is approved to be
27 transferred. c. County-Owned Computer Equipment -CONTRACTOR or anyone
2 8 having an employment relationship with the COUNTY may not use COUNTY computers or computer
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1 peripherals on non-COUNTY premises without prior authorization from the COUNTY's Chief
2 Information Officer and/or designee(s).
3 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive data
4 on any hard-disk drive.
5 E. CONTRACTOR is responsible to employ strict controls to insure the integrity
6 and security of the COUNTY's confidential information and to prevent unauthorized access to data
7 maintained in computer files, program documentation, data processing systems, data files and data
8 processing equipment which stores or processes COUNTY data internally and externally.
9 F. Confidential client information transmitted to one party by the other by means of
10 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
11 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
12 G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches
13 or potential breaches of security related to COUNTY's confidential information, data maintained in
14 computer files, program documentation, data processing systems, data files and data processing
15 equipment which stores or processes COUNTY data internally or externally.
16 H. In the event of a breach of security related to COUNTY's confidential client
1 7 information provided to CONTRACTOR, COUNTY will manage the response to the incident,
18 however, CONTRACTOR will be responsible to issue any notification to affected individuals as
19 required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
2 0 responsible for all costs incurred as a result of providing the required notification.
21 22. CLEAN AIR AND WATER
2 2 In the event the funding under this Agreement exceeds One Hundred Thousand and
2 3 No/ I 00 Dollars ($100,000), CONTRACTOR shall comply with all applicable standards, orders or
2 4 requirement issued under the Clean Air Act Contained in 42 U.S. Code 7601 et seq; the Clean Water
2 5 Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated
2 6 thereunder. Under these laws and regulations, CONTRACTOR shall assure:
27 A. No facility shall be utilized in the performance of the Agreement that has been
2 8 listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
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1 B. COUNTY shall be notified prior to execution of this Agreement of the receipt
2 of any communication from the Director, Office of Federal Activities, U.S. EPA indicating that a
3 facility to be utilized in the performance of this Agreement is under consideration to be listed on the
4 EPA list of Violating Facilities;
5 c. COUNTY and U.S. EPA shall be notified about any known violation of the
6 above laws and regulations; and
7 D. This assurance shall be included in every nonexempt subgrant, contract, or
8 subcontract.
9 23. DRUG-FREE WORKPLACE REQUIREMENTS
10 For purposes of this paragraph, CONTRACTOR will be referred to as the "grantee".
11 By drawing funds against this grant award, the grantee is providing the certification that is required by
12 regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
13 regulations require certification by grantees that they will maintain a drug-free workplace. False
14 certification or violation of the certification shall be grounds for suspension of payments, suspension
15 or termination of grants, or government wide suspension or debarment.
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CERTIFICAITON REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
TRANACTIONS
A. COUNTY and CONTRACTOR recognize that Federal assistance funds will be
2 0 used under the terms of this Agreement. For purposes of this paragraph, CONTRACTOR will be
21 referred to as the "prospective recipient".
22 B. This certification is required by the regulation implementing Executive Order
2 3 12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant's responsibilities.
24 1) The prospective recipient of Federal assistance funds certified by
2 5 entering into this Agreement, that neither it nor its principals are presently debarred, suspended,
2 6 proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
2 7 transaction by any Federal department or agency.
28 2) The prospective recipient of funds agrees by entering into this
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1 Agreement, that it shall not knowingly enter into any lower tier covered transaction with a person
2 who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
3 covered transaction, unless authorized by the Federal department or agency with which this
4 transaction originated.
5 3) Where the prospective recipient of Federal assistance funds is unable to
6 certify to any of the statements in this certification, such prospective participant shall attach an
7 explanation to this Agreement.
8 4) The prospective recipient shall provide immediate written notice to
9 COUNTY if at any time prospective recipient learns that its certification in Paragraph twenty (20) of
10 this Agreement was erroneous when submitted or has become erroneous by reason of changed
11 circumstances.
12 5) The prospective recipient further agrees that by entering into this
13 Agreement, it will include a clause identical to Paragraph twenty (20) of this Agreement and titled
14 "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
15 Covered Transactions", in all lower tier covered transactions and in all solicitations for lower tier
16 covered transaction.
17 6) The certification in Paragraph twenty (20) of this Agreement is a material
18 representation of fact upon which COUNTY relied in entering into this Agreement.
19 25. ACKNOWLEDGEMENT
2 0 CONTRACTOR shall acknowledge all public relations activities, material and
21 publications that COUNTY is the funding source for services to be provided through this Agreement.
22 26. POLITICAL ACTIVITY
2 3 None of the funds, materials, property or services provided directly or indirectly under
2 4 this Agreement shall be used for any political activity, or to further the election or defeat of any
2 5 candidate for public office.
26 27. LOBBYING ACTIVITY
2 7 None of the funds provided under this Agreement shall be used for publicity, lobbying
2 8 or propaganda purposes designed to support or defeat legislation pending in the Congress of the
-15 -COUN'IY OF FRESNO
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1 United States of America or the Legislature of the State of California.
2 28. STATE ENERGY CONSERVATION
3 CONTRACTOR shall recognize the mandatory standard and policies relating to energy
4 efficiency in the State Energy Conservation Plan as required by the United States Energy Policy and
5 Conservation Act (42 U.S.C. section 6201, et seq).
6 29. FRATERNIZATION
7 CONTRACTOR shall establish procedures addressing fraternization between
8 CONTRACTOR staff and clients. Such procedures will include provisions for informing
9 CONTRACTOR staff and clients regarding fraternization guidelines.
10 30. INTERPRETATION OF LAWS AND REGULATIONS
11 COUNTY reserves the right to make final interpretations or clarifications on issues
12 relating to Federal and State laws and regulations, to ensure compliance.
13 31. COMPLIANCE WITH APPLICABLE LAWS AND REGULA TIO NS
14 COUNTY and PROVIDER, their officers, consultants, subcontractors, agents, and
15 employees shall comply with all applicable State, Federal, and local laws and regulations governing
16 projects that utilize Federal Funds.
17 32. RECORDS
18 A. Record Establishment and Maintenance
1 9 CONTRACTOR shall establish and maintain records in accordance with those
2 O requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
21 CONTRACTOR shall retain all fiscal books, account records and client files for services performed
2 2 under this Agreement for at least three (3) years from date of final payment under this Agreement or
2 3 until all State and Federal audits are completed for that fiscal year, whichever is later.
24 B. Cost Documentation
25 1) CONTRACTOR shall submit to COUNTY within ten (I 0) calendar days
2 6 following the end of each month, all fiscal and program reports for that month. CONTRACTOR shall
2 7 also furnish to COUNTY such statements, records, data and information as COUNTY may request
2 8 pertaining to matters covered by this Agreement. In the event that CONTRACTOR fails to provide
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1 reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments
2 until compliance is established.
3 2) All costs shall be supported by properly executed payrolls, time records,
4 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
5 Agreement and they shall be clearly identified and readily accessible. The support documentation
6 must indicate the line budget account number to which the cost is charged.
7 3) COUNTY shall notify CONTRACTOR in writing within thirty (30) days
8 of any potential State or Federal audit exception discovered during an examination. Where findings
9 indicate that program requirements are not being met and State or Federal participation in this program
10 may be imperiled in the event that corrections are not accomplished by CONTRACTOR within thirty
11 (30) days of receipt of such notice from COUNTY, written notification thereof shall constitute
12 COUNTY's intent to terminate this Agreement.
13 c. Service Documentation
14 CONTRACTOR agrees to maintain records to verify services under this
15 Agreement including names and addresses of clients served, the date of service and a description of
16 services provided on each occasion. These records and any other document pertaining in whole or in
1 7 part to this Agreement shall be clearly identified and readily accessible.
18 D. Use of Data
19 CONTRACTOR shall grant to COUNTY and the United States Department
2 0 Health and Human Services the royalty-free, nonexclusive and irrevocable license throughout the
21 world to publish, translate, reproduce, deliver, perform, dispose of, duplicate, use, disclose in any
2 2 manner and for any purpose whatsoever and to authorize others to do so, all subject data now or
2 3 hereafter covered by copyright. However, with respect to subject data not originated in the
2 4 performance of this Agreement, such license shall be only to the extent that CONTRACTOR has the
2 5 right to grant such license without becoming liable to pay any compensation to others because of such
2 6 grant. CONTRACTOR shall exert all reasonable effort to advise COUNTY at time of delivery of
2 7 subject data furnished under this Agreement, of all possible invasions of the right of privacy therein
2 8 contained, and of all portions of such subject data copied from work not composed or produced in the
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1 performance of this Agreement and not licensed under this provision.
2 As used in this clause, the term "Subject Data" means writing, sound recordings,
3 pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms,
4 diagrams, work flow charts, equipment descriptions, data files and data processing of computer
5 programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are
6 first produced or developed under this Agreement. The term does not include financial reports, cost
7 analyses and similar information incidental to contract administration.
8 CONTRACTOR shall report to COUNTY promptly and in written detail, each
9 notice of claim of copyright infringement received by CONTRACTOR with respect to all subject data
1 0 delivered under this Agreement. CONTRACTOR shall not affix any restrictive markings upon any
11 data. If markings are affixed, COUNTY shall have the right at any time to modify, remove, obliterate
12 or ignore such markings.
13 COUNTY shall have access to any report, preliminary findings or data
14 assembled by CONTRACTOR under this Agreement. In addition, CONTRACTOR must receive
15 written permission from COUNTY prior to publication of any materials developed under this
16 Agreement and file with COUNTY a copy of all educational and training materials, curricula,
1 7 audio/visual aids, printed material and periodicals, assembled pursuant to this Agreement prior to
18 publication.
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33. SINGLE AUDIT CLAUSE
A. If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars
21 ($750,000.00) or more in Federal and Federal flow-through monies, CONTRACTOR agrees to
2 2 conduct an annual audit in accordance with the requirements of the Single Audit Standards as set forth
2 3 in Office of Management and Budget (OMB) Circular 2 CFR 200. CONTRACTOR shall submit said
2 4 audit and management letter to COUNTY. The audit must include a statement of findings or a
2 5 statement that there were no findings. If there were negative findings, CONTRACTOR must include a
2 6 corrective action plan signed by an authorized individual. CONTRACTOR agrees to take action to
2 7 correct any material non-compliance or weakness found as a result of such audit. Such audit shall be
2 8 delivered to COUNTY's Human Services System, Administration, for review within nine (9) months
-18 -COUN'IY OF FRESNO
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1 of the end of any fiscal year in which funds were expended and/or received for the program. Failure
2 to perform the requisite audit functions as required by this Agreement may result in COUNTY
3 performing the necessary audit tasks, or at COUNTY's option, contracting with a public accountant to
4 perform said audit, or, may result in the inability of COUNTY to enter into future agreements with
5 CONTRACTOR. All audit costs related to this Agreement are the sole responsibility of
6 CONTRACTOR.
7 B. A single audit report is not applicable if all CONTRACTOR's Federal contracts
8 do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000.00) requirement or
9 CONTRACTOR's only funding is through Drug related Medi-Cal. If a single audit is not applicable,
10 a program audit must be performed and a program audit report with management letter shall be
11 submitted by CONTRACTOR to COUNTY as a minimum requirement to attest to CONTRACTOR's
12 solvency. Said audit report shall be delivered to COUNTY's Human Services System, Accounting
13 Office for review no later than nine (9) months after the close of the fiscal year in which the funds
14 supplied through this Agreement are expended. Failure to comply with this Act may result in
15 COUNTY performing the necessary audit tasks or contracting with a qualified accountant to perform
16 said audit. All audit costs related to this Agreement are the sole responsibility of CONTRACTOR
1 7 who agrees to take corrective action to eliminate any material noncompliance or weakness found as a
18 result of such audit. Audit work performed by COUNTY under this paragraph shall be billed to the
19 CONTRACTOR at COUNTY cost, as determined by COUNTY's Auditor-Controller/Treasurer-Tax
2 0 Collector.
21 c. CONTRACTOR shall make available all records and accounts for inspection by
22 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the
2 3 Federal Gran tor Agency, or any of their duly authorized representatives, at all reasonable times for a
2 4 period of at least three (3) years following final payment under this Agreement or the closure of all
2 5 other pending matters, whichever is later.
26 34. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
2 7 To the extent necessary to prevent disallowance of reimbursement under section 1861 (v)
2 8 (I) (I) of the Social Security Act, ( 42 U.S.C. § 1395x, subd. (v)(l )[I]), until the expiration of four ( 4)
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1 years after the furnishing of services under this Agreement, CONTRACTOR shall make available,
2 upon written request to the Secretary of the United States Department of Health and Human Services,
3 or upon request to the Comptroller General of the United States General Accounting Office, or any of
4 their duly authorized representatives, a copy of this Agreement and such books, documents, and
5 records as are necessary to certify the nature and extent of the costs of these services provided by
6 CONTRACTOR under this Agreement. CONTRACTOR further agrees that in the event
7 CONTRACTOR carries out any of its duties under this Agreement through a subcontract, with a value
8 or cost of Ten Thousand and No/100 Dollars ($10,000.00) or more over a twelve (12) month period,
9 with a related organization, such Agreement shall contain a clause to the effect that until the expiration
10 of four ( 4) years after the furnishing of such services pursuant to such subcontract, the related
11 organizations shall make available, upon written request to the Secretary of the United States
12 Department of Health and Human Services, or upon request to the Comptroller General of the United
13 States General Accounting Office, or any of their duly authorized representatives, a copy of such
14 subcontract and such books, documents, and records of such organization as are necessary to verify
15 the nature and extent of such costs.
16 35. CHARITABLE CHOICE
1 7 CONTRACTOR may not discriminate in its program delivery against a client or potential client
18 on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
19 participate in a religious practice. Any specifically religious activity or service made available to
2 0 individuals by CONTRACTOR must be voluntary as well as separate in time and location from
21 County funded activities and services. CONTRACTOR shall inform COUNTY as to whether it is
2 2 faith-based. If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy on
2 3 referring individuals to an alternate treatment provider, and include a copy of this policy in its client
2 4 admission forms. The policy must inform individuals that they may be referred to an alternative
2 5 provider if they object to the religious nature of the program, and include a notice to DSS. Adherence
2 6 to this policy will be monitored during annual site reviews, and a review of client files. If
2 7 CONTRACTOR identifies as faith-based, by July I of each year CONTRACTOR will be required to
2 8 report to DSS the number of individuals who requested referrals to alternate providers based on
-20 -COUN'IY OF FRESNO
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1 religious objection.
2 36. PROHIBITION ON PUBLICITY
3 None of the funds, materials, property or services provided directly or indirectly under
4 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e.,
5 purchasing of tickets I tables, silent auction donations, etc.) for the purpose of self-promotion.
6 Notwithstanding the above, publicity of the services described in Paragraph One (I) of this Agreement
7 shall be allowed as necessary to raise public awareness about the availability of such specific services
8 when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such
9 items as written I printed materials, the use of media (i.e., radio, television, newspapers) and any other
1 O related expense(s).
11 37. PROPERTY OF COUNTY
12 All purchases over Five Thousand and No/100 Dollars ($5,000.00), and certain
13 purchases under Five Thousand and No/I 00 Dollars ($5,000.00) including but not limited to fans,
14 calculators, cameras and other sensitive items as determined by COUNTY's DSS Director or designee
15 made during the life of this Agreement shall be identified as fixed assets with an assigned COUNTY
16 Accounting Inventory Number. These fixed assets shall be retained by COUNTY, as COUNTY
1 7 property, in the event this Agreement is terminated or upon expiration of this Agreement. The
18 CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed assets and shall be
19 physically present when fixed assets are returned to COUNTY possession at the termination or
2 0 expiration of this Agreement.
21 38. COMPLIANCE WITH STA TE REQUIREMENTS
2 2 CONTRACTOR recognizes that the State of California partially fund services provided
2 3 under the terms and condition of this Agreement and as such, the State imposes certain requirements on
2 4 the COUNTY and its subcontractors. CONTRACTOR shall adhere to all State requirements, by this
2 5 reference incorporated herein.
26 39. COMPLIANCE WITH FEDERAL REQUIREMENTS
2 7 CONTRACTOR recognizes that COUNTY recognizes Federal funds partially fund
2 8 services provided under the terms and condition of this Agreement and as such, the Federal government
-21 -COUN'IY OF FRESNO
Fresno, CA
1 imposes certain requirements on the COUNTY and its subcontractors. CONTRACTOR shall adhere
2 to all Federal requirements, by this reference incorporated herein.
3 40. DISCLOSURE OF SELF-DEALING TRANSACTIONS
4 This provision is only applicable if CONTRACTOR is operating as a corporation (a for-
5 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
6 status to operate as a corporation.
7 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
8 transactions that they are a party to while CONTRACTOR is providing goods or performing services
9 under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
10 is a party and in which one or more of its directors has a material financial interest. Members of the
11 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
12 and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
13 reference incorporated herein, and submitting it to COUNTY prior to commencing with the self-
14 dealing transaction or immediately thereafter.
15 41. AUDITS AND INSPECTIONS
16 CONTRACTOR shall at any time during business hours, and as often as COUNTY may
1 7 deem necessary, make available to COUNTY for examination all of its records and data with respect
18 to the matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY, permit
19 COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's
2 0 compliance with the terms of this Agreement.
21 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
2 2 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
2 3 General for a period of three (3) years after final payment under contract (California Government
2 4 Code section 8546.7).
2 5 In addition, CONTRACTOR shall cooperate and participate with COUNTY's fiscal
2 6 review process and comply with all final determinations rendered by the COUNTY's fiscal review
2 7 process. If COUNTY reaches an adverse decision regarding CONTRACTOR's services to
2 8 consumers, it may result in the disallowance of payment for services rendered, or in additional
-22 -COUNlY OF FRESNO
Fresno, CA
1 controls to the delivery of services, or in the termination of this Agreement, at the discretion of
2 COUNTY's DSS Director or designee. If as a result ofCOUNTY's fiscal review process a
3 disallowance is discovered due to CONTRACTOR's deficiency, CONTRACTOR shall be financially
4 liable for the amount previously paid by COUNTY to CONTRACTOR and this disallowance will be
5 adjusted from CONTRACTOR's future payments, at the discretion of COUNTY's DSS Director or
6 designee. In addition, COUNTY shall have the sole discretion in the determination of fiscal review
7 outcomes, decisions and actions.
8 42. NOTICES
9 The persons having authority to give and receive notices under this Agreement and their
10 addresses include the following:
COUNTY
Director, County of Fresno
Department of Social Services
PO BOX 1912
Fresno, CA 93718-1912
CONTRACTOR
Executive Director
Exceptional Parents Unlimited, Inc.
4440 N. First Street
Fresno, CA 93 726
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15 43. CHANGE OF LEADERSHIP I MANAGEMENT
16 Any and all notices between COUNTY and CONTRACTOR provided for or permitted
1 7 under this Agreement or by law, shall be in writing and shall be deemed duly served when personally
18 delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
19 Mail, postage prepaid, addressed to such party.
2 0 In the event of any change in the status of CONTRACTOR'S leadership or
21 management, CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from
2 2 the date of change. Such notification shall include any new leader or manager's name, address and
2 3 qualifications. "Leadership or management" shall include any employee, member, or owner of
2 4 CONTRACTOR who either a) directs individuals providing services pursuant to this Agreement, b)
2 5 exercises control over the manner in which services are provided, or c) has authority over
2 6 CONTRACTOR's finances.
27 44. GOVERNING LAW
28 The parties agree, that for the purposes of venue, performance under this Agreement is
-23 -COUNTY OF FRESNO
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1 to be in Fresno County, California.
2 The rights and obligations of the parties and all interpretation and performance of this
3 Agreement shall be governed in all respects by the laws of the State of California.
4 45. ENTIRE AGREEMENT
5 This Agreement, including all Exhibits, COUNTY's RFP No. 952-5429 and
6 CONTRACTOR's response thereto, constitutes the entire agreement between CONTRACTOR and
7 COUNTY with respect to the subject matter hereof and supersedes all previous agreement
8 negotiations, proposals, commitments, writings, advertisements, publications, and understandings of
9 any nature whatsoever unless expressly included in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first hereinabove written.
ATTEST:
CONTRACTOR:
EXCEPTIONAL PARENTS
UNj!TED, INC. . {~t:fohd-
Print Name:fASS/IA/ !).fe!,q ~t.lf3c"l2T
Title: /?tes I /)EN r
Chairman of the Board, or
President, or any Vice President
,.
rint Name: >"v'Z..MfiE El (15, -
~ ' ~ . Title:~'X'~~ ~&-r
secret;y (of Corporation), or
any Assistant Secretary, or
Chief Financial Officer, or
any Assistant Treasurer
Date: __ 6.._{t--=rf.,_/.;.....1 b __
Mailing Address:
4440 N. First Street
Fresno, CA 937276
Phone No.: (559) 229-2000
Contact: Cindy Stoops
COUNTY OF FRESNO
By~~~
Ernest Buddy Mendes, Chairman and/or
Brian Pacheco, Vice-Chairman
Board of Supervisors
BERNICE E. SEIDEL, Clerk
Board of Supervisors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-25 -COUNlY or FllESNO
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APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
Byd<12'&=
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
REVIEWED AND RECOMMENDED
FOR APPROVAL:
Fund/Subclass: 000 I I I 0000
Organization: 56107460
Account/Program: 7870/0
27 DEN:sv
28
-26 -COUN"IY or FRESNO
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ORGANIZATION:
PROGRAM NAME:
SERVICE:
OFFICE ADDRESS:
TELEPHONE:
CONTACT:
CONTRACT PERIOD:
AMOUNT:
SUMMARY OF SERVICES
Exceptional Parents Unlimited, Inc.
Learning About Parenting (LAP) Program
Parent Education Classes: Incredible Years
4440 N. First Street, Fresno, CA 93726
(559) 229-2000
Ellen Knapp, Executive Director
Cindy Stoops, Program Manager
Effective Upon Execution -June 30, 2017
July 1, 2017 -June 30, 2018
July 1, 2018-June 30, 2019
July 1, 2019-June 30, 2020
July 1, 2020 -June 30, 2021
$153,720 each twelve (12) month period
A. SUMMARY OF SERVICES
Exhibit A
Page 1of4
CONTRACTOR shall provide parent education classes utilizing, the Incredible Years
program, to families and their children at risk of abuse or neglect referred by DSS.
Parent education classes focus on enhancing parenting practices and behaviors,
such as developing and practicing positive discipline techniques, learning age-
appropriate child development skills and milestones, and promoting positive play
and interaction between parents and children. Services are intended to strengthen
parental capacity surrounding age-appropriate expectations, enhance the safety of
children from child abuse and neglect, reinforce positive parenting and strengthen
parent-child relationships to create healthier families.
Program services shall be for a maximum of fifteen (15) weeks for each parent.
Services will be offered in three (3) cohorts in English and Spanish on weekdays
during business hours. Services will be provided at EPU's Children Center and The
Lighthouse for Children.
B. TARGET POPULATION
1. Parents (mothers and fathers) with children ages 3-12 who are high risk of child
abuse or neglect; and
Exhibit A
Page 2 of 4
2. Families who are involved in the DSS Family Reunification (FR) Program and/or
other DSS programs.
C. REFERRALS
1. DSS will prioritize referrals to CONTRACTOR for families with children ages 3-12
years old; however, families with children of other ages at risk of abuse or
neglect may also be referred to CONTRACTOR.
D. CONTRACTOR's RESPONSIBILITIES
1. Serve an estimated maximum of 60 unduplicated parents for each twelve ( 12)
month term of this Agreement.
2. Provide three (3) cohorts in English and Spanish on weekdays during business
hours.
3. Work closely with DSS to coordinate and implement program services on a
staggered schedule in order to accommodate parents entering Child Welfare
Services (CWS) throughout the year.
4. Provide weekly parent education classes according to cohort schedules.
5. Provide weekly, monthly and final written progress reports for each parent
service by a date and in a format mutually agreed to by CONTRACTOR and
DSS, to the DSS Social Worker or designated contact. Progress Reports shall
include, but are not limited to:
• Date of referral;
• Class begin date;
• Expected end date;
• Number of sessions CONTRACTOR has offered;
• Number of sessions attended, date of classes and reason if classes were
not attended, if applicable;
• Results of all pre and post-assessments, and evaluations completed;
• Narrative of parent progress;
• Reason for termination, if applicable;
• Copies of certificates of completion from classes, if applicable;
• Date of completion.
6. Screen parents of children up to 12 years of age for parental stressors using the
Parent Stress Index -Short Form. This shall be completed at intake and during
the 14th week of class. Results shall be provided to the DSS Social Worker within
thirty (30) days of pre/posttest completion.
Exhibit A
Page 3 of 4
7. Complete standardized pre and post-assessments of family functioning using the
Incredible Years Parenting Scale for each enrolled parent. This shall be
completed at intake and during the 141h week of class. Results shall be provided
to the DSS Social Worker within thirty (30) days of pre/posttest completion.
8. Have Supervisory and/or Management staff participate in DSS meetings to
discuss program and/or contractual issues. DSS shall coordinate the meetings.
9. Maintain regular, on-going contact with the assigned DSS Social Worker to
discuss family progress, case/service plan coordination, problem solving and any
other issues which may need to be discussed.
E. CONTRACTOR's STAFF
1. CONTRACTOR shall maintain sufficient qualified, bilingual and bicultural staff to
serve DSS clients and demonstrate a commitment to quality care and cultural
competency.
2. CONTRACTOR's facilitator shall be professionals/clinicians or paraprofessionals
in fields such as social work, education, recreation and psychology who have
undergone the selected parent education curriculum facilitator training and have
related experience.
3. CONTRACTOR shall maintain staffing in accordance with Exhibit B, Budget
Summary.
4. Additions, deletions or other changes to CONTRACTOR's staff shall be approved
by DSS prior to implementing staff changes. CONTRACTOR shall submit a
budget modification form indicating the changes and related dollar amounts.
5. CONTRACTOR shall provide training opportunities to staff, as needed, to
improve and maintain outcomes, skills, best practice and cultural competency.
F. MONTHLY REPORTS
1. CONTRACTOR shall submit the Monthly Activity Report (MAR) by the 101h of
each month, attached with the monthly invoice, detailing outcomes, program
milestones and demographic data. Form and detail shall be determined by DSS
with input from CONTRACTOR, no later than August 30, 2016.
2. CONTRACTOR shall submit a weekly report detailing client progress after each
class. Form and detail shall be determined by DSS with input from
CONTRACTOR, no later than August 30, 2016.
Exhibit A
Page 4 of 4
3. CONTRACTOR shall submit a monthly progress report for each parent. Form
and detail shall be determined by DSS with input from CONTRACTOR, no later
than August 30, 2016.
4. CONTRACTOR shall submit a final progress report for each parent. Form and
detail shall be determined by DSS with input from CONTRACTOR, no later than
August 30, 2016.
G. 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: Parents with multiple risk factors will increase their
knowledge of appropriate discipline techniques, in
order to eliminate future occurrences of neglect and
abuse.
Short Term Outcome 1: Parents involved in the program will demonstrate
improved parenting practices as it relates to discipline
techniques.
Short Term Outcome 2: Parents involved in the program will demonstrate
decreased parental stress.
H. COUNTY's RESPONSIBILITIES
1. DSS shall communicate to CONTRACTOR in writing changes in Social Worker
assignments to client family within ten (10) working days of such change. Email
notification is acceptable.
2. DSS staff will participate in monthly meetings with CONTRACTOR to discuss
program and/or contractual issues. DSS will be responsible for coordination of
these meetings.
3. DSS Social Worker shall maintain regular, on-going contact to discuss family
progress, case/service plan coordination and problem solving with
CONTRACTOR, as mutually deemed needed.
4. DSS shall include CONTRACTOR's staff in DSS trainings that are relevant to the
services as described in the term and conditions of this Agreement, if there is
sufficient space available, at no cost.
BUDGET SUMMARY
VENDOR NAME:
PROGRAM NAME:
CONTRACT PERIODS:
CATEGORY
Salaries
Payroll Taxes
Benefits
SERVICES & SUPPPLIES
Insurance
Communications
Office Expense
Equipment
Facilities
Travel Costs
Program Supplies
Consultancy/Subcontracts
Fiscal & Audits
Training
Indirect Costs
Exceptional Parents Unlimited, Inc.
Parent Education Programs: Incredible Years
Effective Upon Execution -06/30/2017
07/01/2017 -06/30/2018
07/01/2018 -06/30/2019
07/01/2019 -06/30/2020
07/01/2020 -06/30/2021
BUDGET ITEM #
0100
0150
0200
SUBTOTAL
0250
0300
0350
0400
0450
0500
0550
0600
0650
0660
0700
SUBTOTAL
TOTAL
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Exhibit B
Page 1of6
TOTAL
92,026
7,573
6,356
105,955
2,130
1,200
1,200
600
13,600
1,300
2,500
1,600
550
5,400
17,685
47,765
153,720
BUDGET PERSONNEL DETAIL
VENDOR NAME: Exceptional Parents Unlimited, Inc.
PROGRAM NAME: Parent Education Programs: Incredible Years
SALARIES
% of Time Monthly Salary I Position #of Months on Project Hourly Wages
Program Manager 5% 12 $ 5,737
Assistant Program Mgr. 10% 12 $ 3,703
Mental Health Clinician 10% 12 $ 3,917
Parent Education 60% 12 $ 3,336 Coordinator/Liaison
Parent Education 100% 12 $ 1,248 Facilitator/Liaison (.4FTE)
Developmental Asst. (.6) 60% 12 $ 1, 146
Developmental Asst. (.6) 60% 12 $ 1,146
Developmental Asst. (.6) 60% 12 $ 1,146
Developmental Asst. (.5) 60% 12 $ 951
Developmental Asst. (.5) 60% 12 $ 951
Data Mgmt. Coordinator 5% 12 $ 3,333
Total Salaries I Wages:
PAYROLL TAXES
Item
FICA (.0765 x $92,026)
SUI (.0254 x $7,000 x 3 FTE's)
Total Payroll Taxes
BENEFITS (Health Ins: Life Ins; Retirement; Other Benefits)
Benefit Item (Calculation)
Health, Dental, Vision Insurance ($248/mo. x .90 FTE's x 12 mos.)
Retirement budgeted at 4% of salaries (.04 x $92,026)
Total Benefits
Total Salaries, Payroll Taxes and Benefits
Exhibit B
Page 2 of 6
Salary I Wages
Funds
Requested
$ 3,442
$ 4,444
$ 4,700
$ 24,024
$ 14,976
$ 8,250
$ 8,250
$ 8,250
$ 6,845
$ 6,845
$ 2,000
$ 92,026
Total
$ 7,040
$ 533
$ 7,573
Total
$ 2,675
$ 3,681
$ 6,356
$105,955
BUDGET DETAIL (Services and Supplies)
VENDOR NAME: Exceptional Parents Unlimited
PROGRAM NAME: Parent Education Programs: Incredible Years
BUDGET LINE ITEM CATEGORY & DESCRIPTION I CALCULATION
0250 Insurance
Worker's Comp@ $92,026 x .015
General Liability & Auto insurance
@ $62.50 per month x 12 months
0300 Communications
Telephone budgeted at $100 x 12mos. = $1,200
0350 Office Expense
@ $100/mo. X 12 mos.
0400 Equipment
Rent-Copier@ $50/mo. X 12 mos.
0450 Facilities Costs
Office Space Cost@ $1,000/mo. x 12 mos.
Utilities budgeted @ $133.34/mo. x 12 mos.
0500 Travel Cost
Mileage budgeted @ 154 miles per mo. x $.54 x 12
months
Bus tokens for families that need transportation to
EPU budgeted at $25/mo. x 12mos.
0550 Program Supplies
@ $208.34/mo. x 12 mos.
0600 Consultancy/Subcontracts
Network Administration budgeted @ $133.34/mo. x
12mos
0650 Fiscal & Audits
Portion of Annual Agency Audit Budgeted at $550
0660 Training
$1,800 per FTE x 3.0 FTE's
0700 Indirect Costs
Administrative Overhead @ 13% of total contract
cost before OH ($136,035 x 13%)
TOTAL EXPENSES:
SUBTOTAL
$ 1,380
$ 750
$ 1,200
$ 1,200
$ 600
$ 12,000
$ 1,600
$ 1,000
$ 300
$ 2,500
$ 1,600
$ 550
$ 5,400
$ 17,685
$ 47,765
Exhibit B
Page 3 of 6
TOTAL
$2,130
$ 1,200
$ 1,200
$ 600
$ 13,600
$ 1,300
$ 2,500
$ 1,600
$ 550
$ 5,400
$ 17,685
$ 47,765
BUDGET DETAIL NARRATIVE
VENDOR NAME: Exceptional Parents Unlimited, Inc.
PROGRAM NAME: Parent Education Programs: Incredible Years
SALARIES
(1) 5% of Full-time Program Manager: $3,442
Exhibit B
Page 4 of 6
Provides supervision and management of all aspects of the Learning About Parenting/Home Visitation
Program and to assure that fiscal and staff resources are optimally utilized. Will provide initial and
ongoing parent support and educational services to families in the program. Will provide Reflective
Supervision with staff along with the Mental Health Clinician.
(1) 10% of Full-time Assistant Program Manager: $4,444
Coordinates services being provided at EPU, and to assure the smooth functioning of programs and
services for children and families.
(1) 10% of Full-time Mental Health Clinician: $4, 700
Responsible for providing consultation and short-term treatment to various populations including drug-
expose, developmentally delayed, trauma-affected (depression, anxiety, substance abuse, etc.) infants,
children and adults that present with developmental, social/emotional, and behavioral challenges.
Provides consultation and support to center staff as needed. Work with multidisciplinary team (LAP
Home Visitors, Program Managers, DSS Social Workers, etc.) in developing and implementing family
centered care plans and interventions.
(1) 60% of Full-time Parent Education Coordinator/Liaison: $24,024
Provide education services to a diverse population of parents of children 0-12 year old, which includes
children with disabilities, drug exposed children, as well as families and/or children who are at high risk
for child abuse or neglect.
(1) 100% of (.4FTE) Parent Education Facilitator/Liaison: $14,976
Provide education services to a diverse population of parents of children 0-12 year old, which includes
children with disabilities, drug exposed children, as well as families and/or children who are at high risk
for child abuse or neglect.
(3) 60% of Full-time Developmental Assistant: $24, 750
Provide developmental intervention to children ages 0-12 years old in the program under direct
supervision of professional staff. Assists in all aspects of Play and Grow Program.
(2) 50% of Full-time Developmental Assistant: $13,690
Provide developmental intervention to children ages 0-12 years old in the program under direct
supervision of professional staff. Assists in all aspects of Play and Grow Program.
(1) 5% of Full-time Data Management Coordinator: $2,000
Responsible for providing assistance to the Director of Program Development and Evaluation, and
Program Managers in managing data and preparing reports; support all other program staff in the
collection of data; and entering all LAP program data.
SALARY TAXES
FICA -Calculated at 7.65% of wages (.0765 x $92,026 = $7,040)
SUI -Calculated at 2.54 % of first $7000 wages (.0254 x $7,000 x 3 FTE's = $533)
BENEFITS
Health, Dental, Vision Insurance ($248/mo. x .9 FTE's x 12 mos. = $2,675)
Retirement budgeted at 4% of salaries (.04 x $92,026 = $3,681)
INSURANCE
Exhibit B
Page 5 of 6
Budget includes worker's compensation insurance at the current rate of .015 x salaries of $92,026 for a
total of $1,380. Budget also includes general liability and property insurance, at $62.50 per month for a
total of $750. General liability and property insurance costs are allocated to all of the agency programs
based upon number of staff per program. Amount allocated to this grant represents approximately 3%
of total agency premium.
COMMUNICATION
Cost of agency telephone budgeted at $100 per month for a total of $1,200. This cost includes a portion
of the cost of an agency issued cell phone for the Mental Health Clinician and Parent Education
Coordinator so that clients have a way to reach them. Agency issued cellphones are for business use
only.
OFFICE EXPENSE
Office expense budget includes paper, printer supplies, general office supplies, agency letterhead and
brochures, outreach materials, shredding, and postage. $100 per month x 12 months= $1,200.
EQUIPMENT
Portion of copier rental cost is $50 per month x 12 months for a budget of $600. Copier lease cost is
allocated to all agency programs based upon usage.
FACILITIES COST
Office space cost budgeted at $1,000 per month x 12 months= $12,000. Cost includes office space,
shared conference rooms and classrooms, repairs & maintenance, janitorial services, and property
insurance. Utilities budget of $133.34 per month includes PG&E, water, sewer, and garbage service.
Annual budget for utilities= $1,600.
TRAVEL COST
Mileage reimbursement for program staff budgeted at .54 per mile x 154 miles per month x 12 mos. =
$1,000. Agency personnel use their own personal vehicles to travel to families' homes throughout Fresno
County. Mileage is paid at the IRS approved rate. Bus tokens will be provided to families that need
transportation to EPU. Tokens budgeted at $25/month x 12 mos. = $300.
PROGRAM SUPPLIES
Budget includes home visitor kit supplies, assessment tools, and educational materials for parents.
Supplies budgeted at $208.34 per month for an annual budget of $2,500.
CONSULTANCY/SUBCONTRACTS
Network and data management services are contracted to Alta Pacific. Contract includes network and
server administration, virus and spam filtering software, workstation administration for over 100
workstations, and computer hardware maintenance. Cost is allocated to various agency grants/programs
based upon number of users per grant/program. Cost of $133.34 per month ($1,600 annually) represents
3% of annual contract.
FISCAL & AUDITS
The agency has a Single Audit conducted by an independent accounting firm every year. Cost of the
audit is allocated to all agency programs based upon budgeted expenses. Amount budgeted for this
contract is $550.
TRAINING
Staff training is budgeted at 3 FTE's x $1,800 = $5,400
INDIRECT COSTS
Exhibit B
Page 6 of 6
Agency administrative overhead rate is 13% which includes accounting, payroll, accounts payable,
human resources, data system management, purchasing, executive director, and receptionist. The rate is
based upon the actual cost of providing these services and is allocated to all grants and programs based
upon program expenses. The calculation of this rate is reviewed during the annual agency audit. Amount
is calculated on total expenses before administrative cost x rate ($136,035 x 13% = $17,685).
Exhibit C
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/ Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: 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 EXCEPTIONAL
PARENTS UNLIMITED, INC. (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.
§l 1166(a)(l).)
Substantial penalties may be imposed for failure to comply with these child abuse
reporting requirements.
Further information and a copy of the law may be obtained from the County of
Fresno Department head or designee.
I have read and understand the above statement and agree to comply with the child abuse
reporting requirements.
SIGNATURE DATE