COMPLETED BOARD ORDER�"��36
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No: A 11797
a. Approve and authorize the Director of the Department of Social &
Employment Services, or his designee, to sign a contract with San Francisco
State University for $119,025 for the provision of staff training and
procurement of training resources for the period July 1, 2010 through June 30,
2011, including non-standard mutual indemnification; and
b. Authorize the Director of the Department of Social & Employment Services, or
his designee, to sign up to three 3) amendments to this agreement where the
total amendments do not exceed ten percent 10%) of the original contract
amount, and do not significantly change the scope of work.
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, effective July 27, 2010, the Board hereby:
a. Approved and authorized the Director of the Department of Social & Employment Services,
or his designee, to sign a contract with San Francisco State University for $119,025 for the
provision of staff training and procurement of training resources for the period July 1, 2010
through June 30, 2011, including non-standard mutual indemnification; and
b. Authorized the Director of the Department of Social & Employment Services, or his
designee, to sign up to three 3) amendments to this agreement where the total amendments
do not exceed ten percent 10%) of the original contract amount, and do not significantly
change the scope of work.
PASSED AND ADOPTED this 27th day of July, 2010, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.
Dated: July 28, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By 1.,--- \- Z
eputy
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SIGNED BOARD REPORTX��"��MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 27, 2010 CONSENT AGENDA NO.:
SUBJECT: a) Approve and authorize the Director of the Department of Social & Employment
Services, or his designee, to sign a contract with San Francisco State University for $119,025 for
the provision of staff training and procurement of training resources for the period July 1, 2010
through June 30, 2011, including non-standard mutual indemnification; and
b) Authorize the Director of the Department of Social & Employment Services, or his designee,
to sign up to three 3) amendments to this agreement where the total amendments do not exceed
10% of the original contract amount, and do not significantly change the scope of work.
DEPARTMENT: Social & Employment Services
RECOMMENDATION:
a) Approve and authorize the Director of the Department of Social & Employment Services, or
his designee, to sign a contract with San Francisco State University for $119,025 for the
provision of staff training and procurement of training resources for the period July 1, 2010
through June 30, 2011, including non-standard mutual indemnification; and
b) Authorize the Director of the Department of Social and Employment Services, or his
designee, to sign up to three 3) amendments to this agreement where the total amendments do
not exceed 10% of the original contract amount, and do not significantly change the scope of
work.
SUMMARY/DISCUSSION:
Under this contract San Francisco State University will provide the following resources to
enhance the skills of child welfare staff and promote their continuing education and
professionalism:
1. Provide specific courses that are identified by Department of Social & Employment Services
child welfare staff for the purposes of professional development, and to improve outcomes
for children and families.
2. Provide training that meets California Department of Social Services CDSS) mandated
training hours for Child Welfare social workers and Child Welfare supervisors.
3. Provide Associate Clinical Social Workers and Marriage and Family Therapist interns with
group clinical hours and supervision.
Services under this contract will be delivered through the Bay Area Regional Child Welfare
Training Academy a partnership of the California Department of Social Services and 12 Bay
Area counties.
OTHER AGENCY INVOLVEMENT:
County Counsel, the Auditor-Controller and Purchasing have reviewed and approved this
contract, with the exception of the non-standard mutual indemnification which is submitted to
the Board for approval.
FINANCING:
Sufficient appropriations and estimated revenues are included in the FY 2010-11 Adopted
BudieOTheralis no i
act to the County General Fund.
Elliott Robinson, Director
Department of $og(al and Employment Services
Date: 7 /q// el
Prepared by: Glenn Wojnar, MA III
ext: 3480
Date:
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AGREEMENT NO. A-11797 - SAN F��COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL SEI XCES
MORE THAN $100,000)*
This Professional Services Agreement Agreement") is made by and between the County of
political subdivision of the State of California hereinafter County") and:
San Francisco State University
hereinafter CONTRACTOR").
In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as
follows:
1. SERVICES TO BE PROVIDED. The County hereby engages CONTRACTOR to perform, and
CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of
this Agreement. The services are generally described as follows:
Provide trainings for the Department of Social and Employment Services
2. PAYMENTS BY COUNTY. County shall pay the CONTRACTOR in accordance with the payment
provisions set forth in Exhibit A, subject to the limitations set forth in this Agreement. The total amount
payable by County to CONTRACTOR under this Agreement shall not exceed the sum of $ 119,025
3. TERM OF AGREEMENT. The term of this Agreement is from July 1, 2010 to
June 30, 2011 unless sooner terminated pursuant to the terms of this Agreement. This
Agreement is of no force or effect until signed by both CONTRACTOR and County and with County signing
last, and CONTRACTOR may not commence work before County signs this Agreement.
4. ADDITIONAL PROVISIONS/EXHIBITS. The following attached exhibits are incorporated herein by
reference and constitute a part of this Agreement:
Exhibit A Scope of Services/Payment Provisions
Exhibit A-1 Program Monitoring Exhibit E Termination Modification
Exhibit B DSES Additional Provisions Exhibit F Indemnification-Modification
Exhibit C Budget
Exhibit D Sample Invoice
5. PERFORMANCE STANDARDS.
5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees, and
subcontractors performing services under this Agreement are specially trained, experienced, competent, and
appropriately licensed to perform the work and deliver the services required under this Agreement and are not
employees of the County, or immediate family of an employee of the County.
5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and
skillful manner and in compliance with all applicable laws and regulations. All work performed under this
Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in
accordance with such licensing requirements.
*Approved by County Board of Supervisors on
PSA over $100,000, Revised 10/09/08 1 of 9 Project ID: SFSU 7/10 6/11
$119,025 CWS Training
Wojnar
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AGREEMENT NO. A-11797 - SAN F��5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment. and personnel necessary
to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR
shall not use County premises, property including equipment, instruments, or supplies) or personnel for any
purpose other than in the performance of its obligations under this Agreement.
6. PAYMENT CONDITIONS.
6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form acceptable to
County. If not otherwise specified, the CONTRACTOR may submit such invoice periodically or at the
completion of services, but in any event, not later than 30 days after completion of services. The invoice shall
set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for
the amounts claimed, and such other information pertinent to the invoice as the County may require. The
Contract Administrator or his or her designee shall certify the invoice; either in the requested amount or in such
other amount as the County approves in conformity with this Agreement, and shall promptly submit such
invoice to the County Auditor-Controller for payment. The County Auditor-Controller shall pay the amount
certified within 30 days of receiving the certified invoice.
6.02. CONTRACTOR shall not receive reimbursement for travel expenses unless set forth in this
Agreement.
7. TERMINATION.
7.01. During the term of this Agreement, the County may terminate the Agreement for any reason by
giving written notice of termination to the CONTRACTOR at least thirty 30) days prior to the effective date of
termination. Such notice shall set forth the effective date of termination.
ai}16kit p&yhlg-Et~1d~1}iS-Agrr,; m~sntr t,, t rP~t�~t�rApDrfiiatiirJsl PS r,r~V1des1}~r~QrQthh~ S~~t~ Qf
teTFn-rrattof: See Exhibit E
7.02. The County may cancel and terminate this Agreement for good cause effective immediately upon
written notice to CONTRACTOR. Good cause" includes the failure of CONTRACTOR to perform the
required services at the time and in the manner provided under this Agreement. If County terminates this
Agreement for good cause, the County may be relieved of the payment of any consideration to
CONTRACTOR, and the County may proceed with the work in any manner, which County deems proper. The
cost to the County shall be deducted from any sum due the CONTRACTOR under this Agreement.
8. INDEMNIFICATION. CT~C~ 4}_shall~ndeLl7n tf3 defentlT~nrL l~ld tx3]assxhe_Lnunt~
affrs-~get}tl- ployee~ frrun_and_against_an_and_all_clait~s~liabili~~~t7d_~ssES rhatsa~yer
i l~~dit~g~ ag te-pr t3 injiaries~_nr_dearli pe sens,_rcuu masts, ax~d~:easanahleatt~rne.y es.1.
eecttr~i-e-res~~l-ter- any-aid X11-}~tsat tss fx~at= arpnxaticu~.~faarnisl~ing sppl?t~g uexk,i~es.
i7 tals-arms- cs t ct Zvi tlae-perfer~ua~ ref xhis Agr~en~en and~SnnLauy.atuL.aiJ- laic s,
lief3i-lities-~+id-loss-es6~rh~g~-res~lti-ng t.~-~.y_laecsnt~.fu-m.ranLar~t~-f-0x-datxiager.it~ja~r.X,-.n>r.tleath
er-i~i}~ er+t-ef-ar-~at~c~-~itla.xla~-C~.ICI"~~1CT.~slae>=fer-r~~i}s~-o#-tl.-~.~- e~~ P�t'.~less~~Fla+t~s,
Iiabtltt3es-sr-lenses-a3-tse-et-rt-ef l~e~el~~�gl-i e-e~~v i.1~~1-~iscar.~dzact~f=tl~C.ount~:-=`~-I~1~~C~-41~ s
per#a~t~a~ee=~el~de~~-0~I-"F3~~ 9R'~-~cti~e~-it~actiataai:-d_tkte-.actinu-0r_inaniian-af-~ 4.A1~~~'~-0.13.
eff-reer~;-e~~pl~ees-eget~ts~~~tl?F,eni~-ast~-s~
See Exhibit F
PSA over SI00.000. Revised 10/09/08 2 of 9 Project ID: SFSU 7/10 6/11
5119,025 CWS Training
W oinar
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AGREEMENT NO. A-11797 - SAN F��9.0 INSURANCE.
9.01 Evidence of Coverage:
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance" certifying that coverage as required herein has been obtained. Individual endorsements
executed by the insurance carrier shall accompany the certificate. In addition the Contractor upon
request shall provide a certified copy of the policy or policies.
This verification of coverage shall be sent to the County's, Contracts/Purchasing Department,
unless otherwise directed. The Contractor shall not receive a Notice to Proceed" with the work
under this Agreement until it has obtained all insurance required and such, insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the liability
of the Contractor.
9.02 Qualifying Insurers:
All coverage's, except surety, shall be issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A- VII, according to the current
Best's Key Rating Guide or a company of equal financial stability that is approved by the
County's Purchasing Manager.
9.03 Insurance Coverage Requirements:
Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall maintain in effect
throughout the term of this Agreement a policy or policies of insurance with the following
minimum limits of liability:
Commercial general liability insurance, including but not limited to premises and operations,
including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability,
Broadform Property Damage, Independent Contractors, Products and Completed Operations, with
a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per
occurrence.
Exemption/Modification Justification attached; subject to approval).
Business automobile liability insurance, covering all motor vehicles, including owned, leased,
non-owned, and hired vehicles, used in providing services under this Agreement, with a combined
single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.
Exemption/Modification Justification attached; subject to approval).
Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of this
Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability
limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each
disease.
Exemption/Modification Justification attached; subject to approval).
PSA over $100,000, Revised 10/09/08 3 of 9 Project ID: SFSU 7/10 6/11
$119,025 CWS Training
Wojnar
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AGREEMENT NO. A-11797 - SAN F��Professional liability insurance, if required for the professional services being provided, e.g.,
those persons authorized by a license to engage in a business or profession regulated by the
California Business and Professions Code), in the amount of not less than $1,000,000 per claim
and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in
the course of rendering professional services. If professional liability insurance is written on a
claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the
expiration or earlier termination of this Agreement, obtain extended reporting coverage tail
coverage") with the same liability limits. Any such tail coverage shall continue for at least three
years following the expiration or earlier termination of this Agreement.
Exemption/Modification Justification attached; subject to approval).
9.04 Other Insurance Requirements.
All insurance required by this Agreement shall be with a company acceptable to the County and
issued and executed by an admitted insurer authorized to transact Insurance business in the State
of California. Unless otherwise specified by this Agreement, all such insurance shall be written on
an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the
coverage required herein shall continue in effect for a period of three years following the date
CONTRACTOR completes its performance of services under this Agreement.
Each liability policy shall provide that the County shall be given notice in writing at least thirty
days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non-
renewal thereof. Each policy shall provide coverage for Contractor and additional insureds with
respect to claims arising from each subcontractor, if any, performing work under this Agreement,
or be accompanied by a certificate of insurance from each subcontractor showing each
subcontractor has identical insurance coverage to the above requirements.
Commercial general liability and automobile liability policies shall provide an endorsement
naming the County of Monterey, its officers, agents, and employees as Additional Insureds with
respect to liability arising out of the CONTRACTOR'S work, including ongoing and completed
operations, and shall further provide that such insurance is primary insurance to any insurance or
self-insurance maintained by the County and that the insurance of the Additional Insureds shall
not be called upon to contribute to a loss covered by the CONTRACTOR'S insurance. The
required endorsement form for Commercial General Liability Additional Insured is ISO Form CG
20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 2000). The required
endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99.
Prior to the execution of this Agreement by the County, CONTRACTOR shall file certificates of
insurance with the County's contract administrator and County's Contracts/Purchasing Division,
showing that the CONTRACTOR has in effect the insurance required by this Agreement. The
CONTRACTOR shall file a new or amended certificate of insurance within five calendar days
after any change is made in any insurance policy, which would alter the information on the
certificate then on file. Acceptance or approval of insurance shall in no way modify or change the
indemnification clause in this Agreement, which shall continue in full force and effect.
PSA over $100,000, Revised 10/09/08 4 of 9 Project ID: SFSU 7/10 6/11
$119,025 CWS Training
Wojnar
BIB]
40388-U01
AGREEMENT-U02
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AGREEMENT-U012
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AGREEMENT NO. A-11797 - SAN F��CONTRACTOR shall at all times during the term of this Agreement maintain in force the
insurance coverage required under this Agreement and shall send, without demand by County,
annual certificates to County's Contract Administrator and County's Contracts/Purchasing
Division. If the certificate is not received by the expiration date, County shall notify
CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,
evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such
insurance is a default of this Agreement, which entitles County, at its sole discretion, to terminate
this Agreement immediately.
10. RECORDS AND CONFIDENTIALITY.
10.01 Confidentiality. CONTRACTOR and its officers, employees, agents, and subcontractors shall
comply with any and all federal, state, and local laws, which provide for the confidentiality of
records and other information. CONTRACTOR shall not disclose any confidential records or other
confidential information received from the County or prepared in connection with the performance
of this Agreement, unless County specifically permits CONTRACTOR to disclose such records or
information. CONTRACTOR shall promptly transmit to County any and all requests for
disclosure of any such confidential records or information. CONTRACTOR shall not use any
confidential information gained by CONTRACTOR in the performance of this Agreement except
for the sole purpose of carrying out CONTRACTOR's obligations under this Agreement.
10.02 County Records. When this Agreement expires or terminates, CONTRACTOR shall return to
County any County records which CONTRACTOR used or received from County to perform
services under this Agreement.
10.03 Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports and
records that may be required by federal, state, and County rules and regulations related to services
performed under this Agreement. CONTRACTOR shall maintain such records for a period of at
least three years after receipt of final payment under this Agreement. If any litigation, claim,
negotiation, audit exception, or other action relating to this Agreement is pending at the end of the
three year period, then CONTRACTOR shall retain said records until such action is resolved.
10.04 Access to and Audit of Records. The County shall have the right to examine, monitor and audit
all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors
related to services provided under this Agreement. Pursuant to Government Code section 8546.7,
if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this
Agreement may be subject, at the request of the County or as part of any audit of the County, to
the examination and audit of the State Auditor pertaining to matters connected with the
performance of this Agreement for a period of three years after final payment under the
Agreement.
10.05 Royalties and Inventions. County shall have a royalty-free, exclusive and irrevocable license to
reproduce, publish, and use, and authorize others to do so, all original computer programs,
writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature
produced in the course of or under this Agreement. CONTRACTOR shall not publish any such
material without the prior written approval of County.
PSA over $100,000, Revised 10/09/08 5 of 9 Project ID: SFSU 7/10 6/11
$1 19,025 CWS Training
Wojnar
BIB]
40388-U01
AGREEMENT-U02
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FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
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SIGN-U012
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THREE-U012
3)-U012
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TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
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TEN-U012
PERCENT-U012
10%)-U012
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CONTRACT-U012
AMOUNT,-U012
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SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
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AGREEMENT NO. A-11797 - SAN F��11. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR, and its
subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color,
sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age
over 40), or sexual orientation, either in CONTRACTOR's employment practices or in the furnishing of
services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and
applicants for employment and all persons receiving and requesting services are free of such discrimination.
CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all
federal, state, and local laws and regulations, which prohibit discrimination. The provision of services
primarily or exclusively to such target population as may be designated in this Agreement shall not be
deemed to be prohibited discrimination.
12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or
will be funded with monies received by the County pursuant to a contract with the state or federal
government in which the County is the grantee, CONTRACTOR will comply with all the provisions of said
contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract, and said
provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, County
will deliver a copy of said contract to CONTRACTOR, at no cost to CONTRACTOR.
13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this
Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as
an employee of the County. No offer or obligation of permanent employment with the County or particular
County department or agency is intended in any manner, and CONTRACTOR shall not become entitled by
virtue of this Agreement to receive from County any form of employee benefits including but not limited to
sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits.
CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including
federal and state income taxes and social security, arising out of CONTRACTOR's performance of this
Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold County harmless
from any and all liability, which County may incur because of CONTRACTOR's failure to pay such taxes.
14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage
pre-paid mail to the County and CONTRACTOR'S contract administrators at the addresses listed below:
FOR COUNTY:
Glenn Wojnar, Management Analyst III
Name and Title
713 LaGuardia, Suite B
Salinas, CA 93905
FOR CONTRACTOR:
Stephen Smith, Director of Procurement
Name and Title
1600 Holloway Avenue, ADM 358
San Francisco, CA 94132
Address
831-755-3480
Address
415-338-3879
Phone Phone
PSA over $100,000, Revised 10/09/08
6 of 9 Project ID: SFSU 7/10 6/11
$119,025 CWS Training
Wojnar
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
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FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
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FO21330-U03
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AI93406-U03
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AGREEMENT NO. A-11797 - SAN F��15. MISCELLANEOUS PROVISIONS.
15.01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to
acquire any interest during the term of this Agreement, which would directly or indirectly conflict in
any manner or to any degree with the full and complete performance of the professional services
required to be rendered under this Agreement.
15.02 Amendment. This Agreement may be amended or modified only by an instrument in writing signed
by the County and the CONTRACTOR.
15.03 Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed
by the County and the CONTRACTOR. A waiver of any of the terms and conditions of this
Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.
15.04 Contractor. The term CONTRACTOR" as used in this Agreement includes CONTRACTOR's
officers, agents, and employees acting on CONTRACTOR's behalf in the performance of this
Agreement.
15.05 Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute.
15.06 Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its
interest or obligations in this Agreement without the prior written consent of the County. None of the
services covered by this Agreement shall be subcontracted without the prior written approval of the
County. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the
performance of all requirements of this Agreement.
15.07 Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the
County and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be
binding upon and inure to the benefit of the parties and their respective successors, permitted
assigns, and heirs.
15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and
local laws and regulations in performing this Agreement.
15.09 Headings. The headings are for convenience only and shall not be used to interpret the terms of this
Agreement.
15.10 Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.
15.11 Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of
California.
15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR
expressly reserve the right to contract with other entities for the same or similar services.
PSA over $100,000, Revised 10/09/08 7 of 9 Project ID: SFSU 7/10 6/11
5119,025 CWS Training
Wojnar
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
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MG89556-U03
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AI93406-U03
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AGREEMENT NO. A-11797 - SAN F��15.13 Construction of Agreement. The County and CONTRACTOR agree that each party has fully
participated in the review and revision of this Agreement and that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendment to this Agreement.
15.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same Agreement.
15.15 Authority. Any individual executing this Agreement on behalf of the County or the
CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter
into this Agreement on behalf of such party and bind the party to the terms and conditions of this
Agreement.
15.16 Inte ram tion. This Agreement, including the exhibits, represent the entire Agreement between the
County and the CONTRACTOR with respect to the subject matter of this Agreement and shall
supersede all prior negotiations, representations, or agreements, either written or oral, between the
County and the CONTRACTOR as of the effective date of this Agreement, which is the date that the
County signs the Agreement.
15.17 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the
provisions of this Agreement and the Provisions of any exhibit or other attachment to this
Agreement, the provisions of this Agreement shall prevail and control.
This space left blank intentionally
PS A over $100,000, Revised 10/09/08 8 of 9 Project ID: SFSU 7/10 6/11
5119,025 CWS Training
Wojnar
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
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AI93406-U03
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AGREEMENT NO. A-11797 - SAN F�� IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and
year written below.
COUNTY OF MONTEREY
By:
Date:
By:
Date:
By:
Date:
Purchasing Officer
Department Head if applicable)
Board of Supervisors if applicable)
F
Approved as to
By:
County Counsel
Date: to
1'
oved as to Fiscal Pr ons2~
A
ppr
By:
Date:
Auditor/(pontroller
Approved as to Liability Provisions3
By:
Risk Management
Date:
CONTRACTOR
San Francisco State University
Contractor's Business Name*
By:
ature of Chaitesident,
Vice-President)*
Stephen Smith Director of Prom�ement
ame and Title
Date:
By:
Signature of Secretary, Asst. Secretary, CFO,
Treasurer or Asst. Treasurer)*
Haro Kagemoto Assistant Director
Name and Title
Date: G /y( / a
County Board of Supervisors' Agreement Number:
*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full
legal name of the corporation shall be set forth above together with the signatures of two specified officers. If
CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of a
partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an
individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement.
Approval by County Counsel is required
Approval by Auditor-Controller is required
3Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9
PSA over $100,000, Revised 10/09/08 9 of 9 Project ID: SFSU 7/10 6/11
$119,025 CWS Training
Wojnar
/
L
BIB]
40388-U01
AGREEMENT-U02
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A-11797-U02
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SAN-U02
FRANCISCO-U02
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FO85769-U03
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MG89556-U03
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AS89584-U03
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DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
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DESIGNEE,-U012
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SIGN-U012
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AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��
EXHIBIT A
BAY AREA ACADEMY- SAN FRANCISCO STATE UNIVERSITY
JULY 1, 2010 THROUGH June 30, 2011
PROGRAM DESCRIPTION
Program Description
Bay Area Academy BAA), Contractor, affiliated with San Francisco State
University SFSU), a public education institution accredited by the
Western Association of Schools and Colleges, will contract with the
Monterey County Department of Social and Employment Services
DSES). BAA will provide direct Child Welfare Title IV-E training for Family
and Children's Services FCS) staff and other audiences as specified by
Monterey County. Contractor will provide an in-kind match to help the
County draw down eligible federal Title IV-E funds to support this program.
The total cost of the services provided under this Agreement per fiscal
year is $158,976. The maximum amount of compensation to be paid by
the County shall not exceed $119,025 which represents a reimbursement
to BAA not to exceed 75% of the total value of services.
Duration
The anticipated dates of service will be July 1, 2010 through June 30, 2011. All
services identified in this agreement shall be provided by May 31, 2010. The
Contractor shall submit a final invoice to the County no later than July 10t" 2011.
CDSS Child Welfare Social Worker Training Requirements
In accordance with the Performance Improvement Plan PIP), the
California Department of Social Services CDSS) and the California Social
Work Education Center CaISWEC) convened a statewide training
education and training committee STEC) to identify training concerns and
to recommend improved training across the state. The PIP requires the
CDSS to focus on specific training activities as they relate to Child Welfare
social workers and Child Welfare social worker supervisors; establish a
statewide minimum requirement for on-going training of existing staff and
develop and implement a California Standardized Core curriculum for all
new Child Welfare staff.
The DSES will provide through BAA on-going training to FCS staff for
purposes of professional development and to improve outcomes for
children and families as outlined in the PIP and California Child Welfare
Redesign efforts. As specified and authorized by the DSES, BAA will work
collaboratively with the FCS Staff Services Trainer and FCS management
staff to assess training needs, and to develop and deliver an enhanced
SFSU Contract July 1, 2010 June 30, 2011 1 of 6
Exhibit A
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
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ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
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CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��
training program for Monterey County FCS. This training will include on-
going training for existing staff and other specific audiences as designated
by the Agency.
PIP Http://www.dss.cahwnet.gov/cfsr/California 1435.htm
CFSR Http://dss.cahwnet.gov/cfsr/
The Monterey County FCS' primary goals are to:
Support and enhance Monterey County FCS program initiatives and
provide training to the CDSS mandated training hours for Child Welfare
social workers and Child Welfare supervisors. This training will be in
addition to and not in place of the training already offered by BAA
contract with the State of California.
Provide advanced specialized Child Welfare training to enhance the
Agency's capacity to engage families and youth, understand and utilize
data for better outcomes, CWS/CMS use in adoptions, Case Planning,
court documentation and other identified training as it pertains to the
county SIP. Increase FCS staff knowledge and skills in public Child
Welfare best practices, with a focus on engagement, permanency,
data and transfer of learning.
Services to be provided
1. Design and deliver training that are eligible for reimbursement under
Title IV-E to:
Enhance staff's best practice skills and knowledge., including but not limited
to family engagement, case planning, permanency, understanding data,
SDM, visitation and educational rights.
2. Work collaboratively with the Agency training coordinator in the design,
maintenance and operation and scheduling of all FCS training.
3. Recruit, negotiate and contract with training professionals to identify and
provide culturally appropriate training, and provide support services and
resources for all training.
4. Identify or develop training curriculum that is culturally appropriate, to be
utilized by managers, supervisors and training staff.
5. Provide Associate Clinical social Workers and MFT interns with group clinical
hours and supervision.
SFSU Contract July 1, 2010 June 30; 2011 2 of 6
Exhibit A
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
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UP-U012
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THREE-U012
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AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
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EXCEED-U012
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AMOUNT,-U012
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SCOPE-U012
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WORK.-U012
AGREEMENT NO. A-11797 - SAN F��
Training Classes Deliverables
A key service to be provided by the Training Program is an ongoing
comprehensive delivery of training. This includes working with the FCS Staff
Services Trainer, management team, and training team to identify current training
topics. This also includes coordinating pre-registration, developing and
distributing training announcements, providing on-site coordination, and
conducting evaluations.
48 hours of training will be provided by the project for up to 30 participants per
session. Minimum number of participant hours will be 960 hours annually for a
full year service for this deliverable. 48 hours x minimum of 20 participants
total participant hours).
The specific courses will be identified jointly by FCS and the Contractor on a
quarterly basis. These courses may include, but not limited to:
a. Courses on Family and Youth Engagement
b. Courses to satisfy Board of Behavioral Sciences BSS) and the Board
of Registered Nurses BRN) requirements
c. Specialized courses to train new supervisors including Data,
performance evaluations, permanency and engagement, with a focus
on skills based training and transfer of learning.
d. Specialized skills based training for CWS staff, including attachment,
court documentation, educational rights, purposeful visitation, Gomez
and others as identified by the county.
e. One All staff day with a focus on the SIP and outcomes for Monterey
county.
Transfer of Learning
Recognizing that the skills and knowledge learned in the classroom need to be
transferred to the workplace, the training program will identify various ways to
measure the transfer of learning by participants and their supervisors. Possible
measurement processes might include:
a. Requiring all trainers to provide learning objectives for each training
b. Conducting a random sample survey of selected training one to
three months after the training to assess the transfer of learning
that has occurred. These surveys may be conducted in one of the
following formats:
SFSU Contract July 1, 2010 June 30, 2011 3 of 6
Exhibit A
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
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&-U012
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OR-U012
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DESIGNEE,-U012
TO-U012
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WORK.-U012
AGREEMENT NO. A-11797 - SAN F��
Written survey
Telephone survey
Focus Group
Case Conferencing
Specifically designed transfer of learning activities for trainings
that are offered.
c. Present a training on the role of the supervisor in the transfer of
learning
Training Support Services
The Contractor will provide the following support services for each training
session or event:
a. Training Sites: All training sessions will be located in Monterey
County training facilities or contractor training sites.
b. Training Consultants & Content Experts: When necessary in
consultation with the FCS Staff Services Trainer, the contractor will
recruit and contract with content and training experts in the field to
present training on topics or areas identified by FCS and the
contractor. The contractor will pay consultants for presentation and
curriculum development fees and will pay travel and per diem costs
related to the training.
c Liaison Service: The BAA assistant director, and the project's
training specialist will provide liaison services between FCS and
SFSU. The Bay Area training specialist will meet regularly with the
FCS Staff Services Trainer and the training team to identify training
topics.
e. Contractor: will attend planning meetings with the FCS Staff
Services Trainer and attend management/supervisor meetings, as
requested, to promote and discuss ongoing training needs.
Training Announcements, Registration and Record Keeping
a. Contractor will develop flyers to announce all training sessions and
use other media as needed.
b. Training announcements will cite the applicable federal outcomes
that are addressed by each training
SFSU Contract July 1, 2010 June 30, 2011 4 of 6
Exhibit A
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
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SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
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DIRECTOR-U012
OF-U012
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AGREEMENT NO. A-11797 - SAN F��c. Contractor will furnish a training summary; to include the training
objectives and trainer bio, of upcoming Bay Area Academy training
sessions twice a year to the County Training Manager.
d. In coordination with the FCS Staff Services Trainer the Contractor
will monitor the number of registrants in the county system for all
contract-related training sessions.
e. Contractor shall over-enroll training classes by up to 20% and
maintain a waiting list.
f. Any class that has fewer than 15 participants 10 for smaller classes
identified by the Agency), confirmed two weeks prior to the class,
may be subject to cancellation and rescheduling after consultation
with the FCS Staff Services Trainer.
g. For all training provided by the Contractor, Contractor will prepare
and maintain records of all training registrants, participants and no-
shows, and provide individual training transcripts when requested.
h. For all training provided by the Contractor, Contractor will maintain
records of attendance at the Board of Behavioral Science BBS) and
BRN Board of Behavioral Registered Nurses) licensure training and
all required paperwork for licensure credit.
k. Under the direction of the FCS Staff Services Trainer, Contractor will
support other training activities of Monterey County including but not
limited to registration, onsite coordination, data entry and evaluation.
Monterey County, DSES shall:
1. Bear ultimate responsibility for staff participation and attendance, including
ensuring that the specified number of unduplicated participants register and
attend training
2. Provide information about community based agency staff, foster parents and
other providers who will participate in joint training sessions.
3. Determine the number and assignment of slots available for joint training
sessions provided by the program and assure the Title IV-E eligibility of
community agency staff who receive training.
4. Determine which training sessions are mandatory and identify the respective
participant populations.
SFSU Contract July 1, 2010 June 30, 2011 5 of 6
Exhibit A
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
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&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
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&-U012
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TO-U012
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SCOPE-U012
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WORK.-U012
AGREEMENT NO. A-11797 - SAN F��5. Determine in consultation with contractor whether a training session shall be
rescheduled due to lack of enrollment.
6. Ensure staff completion of evaluation surveys to measure outcome
objectives.
7. Provide office space and use of a computer for the out posted
Bay Area Academy's training assistant as required to perform training
program duties.
8. Arrange for management participation in the training advisory meetings and
large training events.
9. Provide contractor with the schedule of all other FCS training events and
coordinate support if requested.
SFSU Contract July 1, 2010 June 30, 2011 6 of 6
Exhibit A
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
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&-U012
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DESIGNEE,-U012
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TO-U012
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SCOPE-U012
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WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT A-1
BAY AREA TRAINING ACADEMY/SAN FRANCISCO STATE UNIVERSITY
JULY 1, 2010 THROUGH June 30, 2011
PROGRAM MONITORING
1. Service Objectives
48 hours of training will be provided by the project for up to 30 participants per
session. Minimum number of participant hours will be 960 hours annually for a
full year service for this deliverable. 48 hours x minimum of 20 participants
total participant hours).
Contractor will provide a minimum of 980 participant hours annually for a full year
service of training in topics identified by FCS and the Contractor
II. Outcome Objectives
The Agency will monitor the services provided by the Contractor under this
training program to evaluate the effectiveness and quality of the services
received. To measure whether or not staff are able to put into practice the new
skills, concepts and knowledge provided by this training program, the Contractor
will evaluate how useful staff felt training was to their practice and secondly to
evaluate staff transfer of learning.
Participant evaluations of the usefulness of the training completed at the end of
the training:
For mandatory training a minimum of 70% of the respondents shall rate the
overall usefulness as very good to excellent
For non mandatory training a minimum of 80% of the respondents shall rate
the overall usefulness as very good to excellent.
Follow up evaluations of 60% of training participants to assess the transfer of
learning:
A minimum of 80 %of the respondents shall indicate that their knowledge
increased as a result of the training.
A minimum of 70 % of respondents shall identify at least two skills, tools,
concepts, knowledge or policies and procedures that they will use in the
workplace.
SFSU Contract July 1, 2010 June 30, 2011 1 of 2
Exhibit A
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��Reporting
1. Contractor shall submit monthly participant list by course to DSES.
The list is due 10 days after the end of each month.
II. Contractor shall submit a 6-month report and a year-end report that
show:
a.) program's performance against the outcome objectives as stated
on Exhibit A-1 I and II.
b.) the training provided for the reporting period and number of
attendees
c.) a written summary of the evaluation results
d.) actual evaluation surveys that include course name, date, trainer's
name, number of attendees and number of responses
e.) methods used to measure transfer of learning and findings on the
transfer of learning evaluations as described in Exhibit A.
For FY 10-11, the 6 month report is due by January 15, 2011 and the
year-end report is due by July 07, 2011.
III. Contractor will be responsible for submitting the required reports. All
required reports will be submitted to the following address:
County of Monterey, Department of Social and Employment Services
SFSU Contract July 1, 2010 June 30, 2011 2 of 2
Exhibit A
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
MONTEREY COUNTY
DEPARTMENT OF SOCIAL & EMPLOYMENT SERVICES
ADDITIONAL PROVISIONS
1. PAYMENT BY COUNTY:
1.01 Monthly claims by CONTRACTOR: Not later than the tenth 10th) day of each
month, CONTRACTOR shall submit to COUNTY a signed invoice, setting forth the
amount claimed. The invoice shall be submitted in the form set forth in Exhibit D.
1.02 Allowable Costs: Allowable costs shall be the CONTRACTOR's actual costs of
developing, supervising and delivering the services under this Agreement, as set forth
in the budget, attached hereto as Exhibit C. Only the costs listed in Exhibit C as
contract expenses may be claimed as allowable costs. Any dispute over whether costs
are allowable shall be resolved in accordance with the provisions of 45 Code of Federal
Regulations, Part 74, Sub-Part F and 48 Code of Federal Regulations CFR), Chapter 1,
Part 31.
1.03 Cost Control: CONTRACTOR shall not exceed by more than twenty 20)
percent any contract expense line item amount in the budget without the approval of
COUNTY, given by and through the Contract Administrator or Contract
Administrator's designee. CONTRACTOR shall submit an amended budget with its
request for such approval. Such approval shall not permit CONTRACTOR to receive
more than the maximum total amount payable under this contract. Therefore, an
increase in one line item will require corresponding decreases in other line items.
1.04 Payment in Full:
a) If COUNTY certifies and pays the amount requested by CONTRACTOR, such
payment shall be deemed payment in full for the month in question and may not
thereafter be reviewed or modified, except to permit COUNTY's recovery of
overpayments.
b) If COUNTY certifies and pays a lesser amount than the amount requested,
COUNTY shall, immediately upon certification of the lesser amount, notify
CONTRACTOR in writing of such certification. If CONTRACTOR does not protest
the lesser amount by delivering to COUNTY a written notice of protest within twenty
20) days after CONTRACTOR's receipt of the certification, then payment of the lesser
amount shall be deemed payment in full for the month in question and may not
thereafter be questioned by CONTRACTOR.
1.05 Disputed payment amount: If COUNTY pays a lesser amount than the amount
requested, and if CONTRACTOR submits a written notice of protest to COUNTY
within twenty 20) days after CONTRACTOR's receipt of the certification, then the
Exhibit B, Additional Provisions
Page 1 of 10
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
parties shall promptly meet to review the dispute and resolve it on a mutually
acceptable basis. No court action may be taken on such dispute until the parties have
met and attempted to resolve the dispute in person.
II. PERFORMANCE STANDARDS & COMPLIANCE
2.01 Outcome objectives and performance standards: CONTRACTOR shall for the
entire term of this Agreement provide the service outcomes set forth in Exhibits A and
A-1. CONTRACTOR shall meet the contracted level of service and the specified
performance standards described in Exhibits A and A-1, unless prevented from doing
so by circumstances beyond CONTRACTOR's control, including but not limited to,
natural disasters, fire, theft, and shortages of necessary supplies or materials due to
labor disputes.
2.02 County monitoring of services: COUNTY shall monitor services provided under
this Agreement in order to evaluate the effectiveness and quality of services provided.
2.03 Notice of defective performance: COUNTY shall notify CONTRACTOR in
writing within thirty 30) days after discovering any defects in CONTRACTOR's
performance. CONTRACTOR shall promptly take action to correct the problem and to
prevent its recurrence. Such corrective action shall be completed and a written report
made to the COUNTY concerning such action not later than thirty 30) days after the
date of the COUNTY's written notice to CONTRACTOR.
2.04 Termination for cause: Notwithstanding Section 7.02 of the Agreement, if the
corrective actions required above are not completed and the report to the COUNTY not
made within thirty 30) days, the COUNTY may terminate this Agreement by giving
five 5) days' written notice to CONTRACTOR.
2.05 Remedies for Inadequate Service Levels:
a) For each month that service falls below 80% of the contracted level,
CONTRACTOR shall submit to the COUNTY an analysis of the causes of the
problem and any necessary actions to be taken to correct the problem. If the
problem continues for another month, the COUNTY shall meet with
CONTRACTOR to explore the problem and develop an appropriate written
corrective action plan with appropriate time frames.
b) If CONTRACTOR does not carry out the required corrective action within the
time frame specified, sanctions shall be applied in accordance with funding
source regulations.
c) Notwithstanding Section 7.02 of the Agreement, if, after the COUNTY
notifies CONTRACTOR of any sanctions to be imposed, CONTRACTOR
continues in its failure to take corrective action, then COUNTY may terminate
this contract by giving CONTRACTOR five 5) days' written notice.
Exhibit B, Additional Provisions
Page 2 of 10
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
d) If all appropriate corrective actions are taken but service still falls 80% or
more below contracted level, COUNTY and CONTRACTOR may renegotiate
the contracted level of service.
2.06 Training for Staff: CONTRACTOR shall insure that sufficient training is
provided to its volunteer and paid staff to enable them to perform effectively on the
project, and to increase their existing level of skills. Additionally, CONTRACTOR
shall ensure that all staff completes Division 21 Civil Rights training.
2.07 Bi-lingual Services: CONTRACTOR shall ensure that qualified staff is available
to accommodate non-English speaking, and limited English proficient, individuals.
2.08 Assurance of drug free-workplace: CONTRACTOR shall submit to the
COUNTY evidence of compliance with the California Drug-Free Workplace Act of
1990, Government Code sections 8350 et seq., by doing the following:
Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is prohibited in
the person's or organization's workplace and specifying the actions that will be taken
against employees for violations of the prohibition;
Establishing a drug-free awareness program to inform employees about all
of the following:
1) the dangers of drug abuse in the workplace;
2) the organization's policy of maintaining a drug-free workplace;
3) any available drug counseling, rehabilitation, and employee
assistance programs;
4) the penalties that may be imposed upon employees for drug abuse
violations;
5) requiring that each employee engaged in the performance of the
contract or grant be given a copy of the company's drug-free
policy statement and that, as a condition of employment on the
contract or grant, the employee agrees to abide by the terms of the
statement.
III. AUDIT & RECOVERY OF OVERPAYMENTS
3.01 CPA Audit on Termination:
3.01.01 Audit Requirement
At the request of COUNTY, CONTRACTOR shall give to COUNTY an audit or audit
reports covering the contract period, prepared by an independent Certified Public
Accountant. The audit requirement is for the purpose of determining whether the
reported costs are fair and reasonable and have been computed in accordance with
generally accepted accounting principles, with the provisions of this Agreement, and
with all applicable COUNTY requirements. Such audit shall be performed in
Exhibit B, Additional Provisions
Page 3 of 10
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
accordance with the Standards for Audit of Governmental Organizations, Programs,
Activities, and Functions" as published by the Comptroller General of the United
States, and in accordance with generally accepted auditing standards.
3.01.02 Audit Submission /Fiscal Year-end
CONTRACTOR shall provide COUNTY with the audit, or audit report, required herein
no later than 120 days after the close of CONTRACTOR's Fiscal Year. If
CONTRACTOR's fiscal records adhere to a Fiscal Year different from COUNTY's,
then CONTRACTOR's audit will include a schedule(s) coinciding with COUNTY's
Fiscal Year July-June), or CONTRACTOR may submit a program specific audit
coinciding with COUNTY's Fiscal Year July-June).
In the case where providing the required audit within the specified time period
represents an unreasonable hardship, CONTRACTOR shall alert COUNTY and request
an extension. Additional documentation may be requested by COUNTY in order to
grant the extension. The submittal of the audit will continue to be required and due no
later than six 6) months after the close of CONTRACTOR's fiscal year-end.
3.01.03 Audit Format
CONTRACTOR may submit to COUNTY one of the following in satisfaction of this
Audit requirement:
1) An annual independent audit and Management Letter conducted in accordance
with Generally Accepted Auditing Standards GAAS) and Government Auditing
Standards yellow book audit) issued by the Comptroller General of the United
States. The audit should include as a footnote or supplemental schedule expenses of
the grant program.
OR-
2) If CONTRACTOR is not required to have an annual independent audit
conducted in accordance with both Generally Accepted Auditing Standards
GAAS) and Government Auditing Standards yellow book audit) issued by the
Comptroller General of the United States, other than to comply with COUNTY's
request, then an annual independent audit and Management Letter, conducted only
in accordance with Generally Accepted Auditing Standards GAAS) may be
submitted as long as the audit includes this grant/program as part of the testing.
The audit must include a footnote or supplemental schedule expenses of the grant
program.
COUNTY reserves the right to require a program specific audit at COUNTY's
discretion.
3.01.04 Payment for Audit
Exhibit B, Additional Provisions
Page 4 of 10
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15315-U05
5-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
A-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
CONTRACT-U012
SAN-U012
FRANCISCO-U012
STATE-U012
UNIVERSITY-U012
$119,025-U012
PROVISION-U012
OF-U012
STAFF-U012
TRAINING-U012
PROCUREMENT-U012
OF-U012
TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
CONTRACTOR shall bear all costs in connection with, or resulting from, any audit
and/or inspections including, but not limited to, actual cost incurred and the
payment/repayment of any expenditures disallowed by COUNTY, State or Federal
government entities, including any assessed interest and penalties.
If CONTRACTOR is exempt from federal audit procedures under OMB Circular 133,
then payment for this audit shall be made by CONTRACTOR with resources other than
grant funds, or those used for matching purposes. If CONTRACTOR is not exempt
from federal audit procedures under OMB Circular 133, the cost of audits made in
accordance with the provisions of this part are allowable charges to Federal awards.
The charges may be considered a direct cost or an allocated indirect cost, as determined
in accordance with the provisions of applicable OMB cost principles circulars, the
Federal Acquisition Regulation FAR) 48 CFR parts 30 and 31), or other applicable
cost principles or regulations.
3.02 Contractor Records
Funds provided by COUNTY shall be accounted for separately in CONTRACTOR's
books and records. CONTRACTOR shall keep a systematic accounting record of the
receipt and disbursement of COUNTY funds. CONTRACTOR shall permit COUNTY
to audit, examine and to copy excerpts and transcripts from such records and to conduct
audits or reviews of all records including, but not limited to, invoices, materials,
personnel records, bank account records, business records, billing statements, payroll
records, business expense records, and any and all other data related to matters covered
by this Agreement. CONTRACTOR shall maintain such data and records in an
accessible location and condition for a period of at least four 4) years from the close of
this Agreement term, or until after the conclusion of any audit, whichever occurs last.
The State of California and/or any Federal agency providing funds for this Agreement
shall have the same rights conferred upon COUNTY herein. CONTRACTOR shall
keep records that are sufficient to permit the tracing of funds to a level of expenditure
adequate to ensure that the funds have not been unlawfully spent. CONTRACTOR's
records shall describe and support the use of funds for the agreed upon project or
services outlined in this Agreement.
3.03 Recovery of Overpayments: If any audit shows that COUNTY has paid to
CONTRACTOR any amount in excess of properly allowable costs, then
CONTRACTOR shall reimburse COUNTY for that amount, either by a cash payment
made within thirty 30) days after COUNTY notifies CONTRACTOR of the
overpayment, or by an offset made by COUNTY against any payments owed by
COUNTY to CONTRACTOR under this or any other contract.
IV. CONFIDENTIALITY
CONTRACTOR and its officers, employees, agents, and subcontractors shall comply
with Welfare and Institutions W & I) Code Sec. 10850, 45 CFR Sec. 205.50, and all
other applicable provisions of law which provide for the confidentiality of records and
prohibit their being opened for examination for any purpose not directly connected with
Exhibit B, Additional Provisions
Page 5 of 10
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
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FRANCISCO-U02
STATE-U02
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LI21329-U03
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TRAINING-U012
PROCUREMENT-U012
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THROUGH-U012
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&-U012
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SERVICES,-U012
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AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
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AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
the administration of public social services. Whether or not covered by W&I Code Sec.
10850 or by 45 CFR Sec. 205.50, confidential medical or personnel records and the
identities of clients and complainants shall not be disclosed unless there is proper
consent to such disclosure or a court order requiring disclosure. Confidential
information gained by CONTRACTOR from access to any such records, and from
contact with its clients and complainants, shall be used by CONTRACTOR only in
connection with its conduct of the program under this Agreement. The COUNTY,
through the Director of the Department of Social and Employment Services, and his/her
representatives, shall have access to such confidential information and records to the
extent allowed by law, and such information and records in the hands of the COUNTY
shall remain confidential and may be disclosed only as permitted by law.
V. NON-DISCRIMINATION
CONTRACTOR certifies that to the best of its ability and knowledge it will comply
with the nondiscrimination program requirements set forth in this Section.
5.01 Discrimination Defined: The term discrimination" as used in this contract, is
the same term that is used in Monterey County Code, Chapter 2.80 Procedures for
Investigation and Resolution of Discrimination Complaints"; it means the illegal denial
of equal employment opportunity, harassment including sexual harassment and violent
harassment), disparate treatment, favoritism, subjection to unfair or unequal working
conditions, and/or other discriminatory practice by any Monterey County official,
employee or agent, due to an individual's race, color, ethnic group, national origin,
ancestry, religious creed, sex, sexual orientation, age, veteran's status, cancer-related
medical condition, physical handicap including AIDS) or disability. The term also
includes any act of retaliation.
5.02 Application of Monterey COUNTY Code Chapter 2.80: The provisions of
Monterey COUNTY Code Chapter 2.80 apply to activities conducted pursuant to this
Agreement. Complaints of discrimination made by CONTRACTOR against the
COUNTY, or by recipients of services against CONTRACTOR, may be pursued using
the procedures established by Chapter 2.80. CONTRACTOR shall establish and follow
its own written procedures for the prompt and fair resolution of discrimination
complaints made against CONTRACTOR by its own employees and agents, and shall
provide a copy of such procedures to COUNTY on demand by COUNTY.
5.03 Compliance with laws: During the performance of this Agreement,
CONTRACTOR shall comply with all applicable federal, state and local laws and
regulations which prohibit discrimination, including but not limited to the following:
California Fair Employment and Housing Act, California Government
Code Sec. 12900 et seq., see especially Section 12940 c), h), 1), i), and j);
and the administrative regulations issued thereunder, 2 Calif. Code of
Regulations Secs. 7285.0 et seq. Division 4 Fair Employment and Housing
Commission);
Exhibit B, Additional Provisions
Page 6 of 10
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40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
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7/28/2010-U04
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HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
California Government Code Secs. 11135 11139.5, as amended Title 2,
Div. 3, Part 1, Chap. 1, Art. 9.5) and any applicable administrative rules and
regulations issued under these sections; including Title 22 California Code of
Regulations 98000-98413.
Federal Civil Rights Acts of 1964 and 1991 see especially Title VI, 42 USC
Secs. 2000d et seq.), as amended, and all administrative rules and regulations
issued thereunder see especially 45 CFR Part 80);
The Rehabilitation Act of 1973, Secs. 503 and 504 29 USC Sec. 793 and
794), as amended; all requirements imposed by the applicable HHS
regulations 45 CFR Parts 80, 84 and 91); and all guidelines and
interpretations issued pursuant thereto;
7 Code of Federal Regulations CFR), Part 15 and 28 CFR Part 42;
Title II of the Americans with Disabilities Act of 1990 P.L. 101-336), 42
U.S.C. Secs. 12101 et seq. and 47 U.S.C. Secs. 225 and 611, and any federal
regulations issued pursuant thereto see 24 CFR Chapter 1; 28 CFR Parts 35
and 36; 29 CFR Parts 1602, 1627, and 1630; and 36 CFR Part 1191);
Unruh Civil Rights Act, Calif. Civil Code Sec. 51 et seq., as amended;
Monterey COUNTY Code, Chap. 2.80.;
Age Discrimination in Employment Act 1975, as amended ADEA), 29
U.S.C. Secs 621 et seq.;
Equal Pay Act of 1963, 29 U.S.C. Sec. 206(d);
California Equal Pay Act, Labor Code Sec.1197.5.
California Government Code Section 4450;
The Dymally-Alatorre Bilingual Services Act; Calif. Government Code
Sec. 7290 et seq.
The Food Stamp Act of 1977, as amended and in particular Section 272.6.
California Code of Regulations, Title 24, Section 3105A(e)
Removal of Barriers to Inter-Ethnic Adoption Act of 1996, Section 1808
Exhibit B, Additional Provisions
Page 7 of 10
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40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
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LI21329-U03
FO21330-U03
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$119,025-U012
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TRAINING-U012
PROCUREMENT-U012
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TRAINING-U012
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PERIOD-U012
JULY-U012
1,-U012
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THROUGH-U012
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30,-U012
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MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
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&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
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SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
5.04 Written assurances: Upon request by COUNTY, CONTRACTOR will give
any written assurances of compliance with the Civil Rights Acts of 1964 and 1991, the
Rehabilitation Act of 1973 and/or the Americans with Disabilities Act of 1990, as may
be required by the federal government in connection with this Agreement, pursuant to
45 CFR Sec. 80.4 or 45 CFR Sec. 84.5, and 91; 7 CFR Part 15; and 28 CFR Part 35, or
other applicable State or federal regulation.
5.05 Written non-discrimination policy: Contractor shall maintain a written
statement of its non-discrimination policies which shall be consistent with the terms of
this Agreement. Such statement shall be available to employees, recipients of services,
and members of the public, upon request.
5.06 Grievance Information: CONTRACTOR shall advise applicants who are
denied CONTRACTOR's services, and recipients who do receive services, of their
right to present grievances, and of their right to a State hearing concerning services
received under this Agreement.
5.07 Notice to Labor Unions: CONTRACTOR shall give written notice of its
obligations under paragraphs 5.01 5.08 to labor organizations with which it has a
collective bargaining or other agreement.
5.08 Access to records by government agencies: CONTRACTOR shall permit
access by COUNTY and by representatives of the State Department of Fair
Employment and Housing, and any state agency providing funds for this Agreement,
upon reasonable notice at any time during normal business hours, but in no case less
than 24 hours' notice, to such of its books, records, accounts, facilities, and other
sources of information as the inspecting party may deem appropriate to ascertain
compliance with these non-discrimination provisions.
5.09 Binding on Subcontractors: The provisions of paragraphs 5.01 5.08 shall also
apply to all of CONTRACTOR's subcontractors. CONTRACTOR shall include the
non-discrimination and compliance provisions of these paragraphs in all subcontracts to
perform work or provide services under this Agreement.
VI. CONTRACT ADMINISTRATORS
6.01 Contract Administrator CONTRACTOR: CONTRACTOR hereby
designates Jay Bethke as its Contract Administrator for this Agreement. All matters
concerning this Agreement which are within the responsibility of CONTRACTOR shall
be under the direction of, or shall be submitted to, the CONTRACTOR's Contract
Administrator. CONTRACTOR may, in its sole discretion, change its designation of
the Contract Administrator, and shall promptly give written notice to COUNTY of any
such change.
6.02 Contract Administrator COUNTY: COUNTY hereby designates the
Director of the Monterey County Department of Social and Employment Services as its
Exhibit B, Additional Provisions
Page 8 of 10
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40388-U01
AGREEMENT-U02
NO.-U02
A-11797-U02
U02
SAN-U02
FRANCISCO-U02
STATE-U02
UNIVERSITY-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93406-U03
DO93911-U03
C5-U03
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7/28/2010-U04
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15315-U05
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AUTHORIZE-U07
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&-U07
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511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/14/2010-U011
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STATE-U012
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$119,025-U012
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PROCUREMENT-U012
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TRAINING-U012
RESOURCES-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
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MUTUAL-U012
INDEMNIFICATION;-U012
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AUTHORIZE-U012
DIRECTOR-U012
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&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
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AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
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AMOUNT,-U012
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SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
Contract Administrator for this Agreement. All matters concerning this Agreement
which are within the responsibility of COUNTY shall be under the direction of, or shall
be submitted to, the Director or such other COUNTY employee in the Department of
Social and Employment Services as the Director may appoint. COUNTY may, in its
sole discretion, change its designation of the Contract Administrator, and shall
promptly give written notice to CONTRACTOR of any such change.
VII. CONTRACT DEPENDENT ON GOVERNMENT FUNDING
COUNTY's payments to CONTRACTOR under this Agreement are funded by the
State and Federal governments. If funds from State and Federal sources are not
obtained and continued at a level sufficient to allow for COUNTY's purchase of the
indicated quantity of services, then COUNTY may give written notice of this fact to
CONTRACTOR, and the obligations of the parties under this Agreement shall
terminate immediately, or on such date thereafter, as COUNTY may specify in its
notice, unless in the meanwhile the parties enter into a written Amendment modifying
this Agreement.
VIII. LOBBYING CERTIFICATION
The Contractor, by signing this Agreement, hereby certifies, to the best of his/her
knowledge and belief, that, on behalf of him/herself, employees, and/or agents:
1. No federally appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress in connection with this federal contract, grant, loan
or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The Contractor shall require that the language of this certification be included in the
award documents for all subcontracts at all tiers including sub-grants, and contracts
under grants, loans, and cooperative agreements which exceed $100,000) and that all
sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. This certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
IX. APPEAL PROCESS
Exhibit B. Additional Provisions
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AGREEMENT-U02
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511-DSS-U08
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$119,025-U012
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&-U012
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HIS-U012
DESIGNEE,-U012
TO-U012
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UP-U012
TO-U012
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AMENDMENTS-U012
TO-U012
AGREEMENT-U012
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AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11797 - SAN F��EXHIBIT B
In the event of a dispute or grievance regarding the terms and conditions of this
Agreement, both parties shall abide by the following procedures:
A. CONTRACTOR shall first discuss the problem informally with the designated DSES
Contact/Program Analyst. If the problem is not resolved, CONTRACTOR must, within
fifteen 15) working days of the failed attempt to resolve the dispute with DSES
Contact/Program Analyst, submit a written complaint, together with any evidence, to the
DSES Division Deputy Director. The complaint must include a description of the
disputed issues, the legal authority/basis for each issue which supports CONTRACTOR's
position, and the remedy sought. The Division Deputy Director shall, within fifteen 15)
working days after receipt of CONTRACTOR's written complaint, make a determination
on the dispute, and issue a written decision and reasons therefore. All written
communication shall be pursuant to Section 14. NOTICES of this Agreement. Should
CONTRACTOR disagree with the decision of the Division Deputy Director,
CONTRACTOR may appeal the decision to the Director of the Department of Social &
Employment Services.
B. CONTRACTOR's appeal of the Division Deputy Director's decision must be
submitted to the Department Director within ten 10) working days from the date of the
decision; be in writing, state the reasons why the decision is unacceptable, and include
the original complaint, the decision that is the subject of appeal, and all supporting
documents. Within twenty 20) working days from the date of CONTRACTOR'S appeal,
the Department Director, or his/her designee, shall meet with CONTRACTOR to review
the issues raised on appeal. The Department Director shall issue a final written decision
within fifteen 15) working days of such meeting.
C. CONTRACTOR may appeal the final decision of the Department Director in
accordance with the procedures set forth in Division 25.1 commencing with Section
38050) of the Health and Safety Code and the regulations adopted thereunder. Title 1,
Subchapter 2.5 commencing with Section 251, or Subchapter 3 commencing with Section
300, whichever is applicable, of the California Code of Regulations).
D. CONTRACTOR shall continue to carry out the obligations under this Agreement
during any dispute.
E. Costs incurred by CONTRACTOR for administrative/court review are not
reimbursable by COUNTY.
Exhibit B, Additional Provisions
Page 10 of 10
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$119,025-U012
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TRAINING-U012
PROCUREMENT-U012
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PERIOD-U012
JULY-U012
1,-U012
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THROUGH-U012
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30,-U012
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MUTUAL-U012
INDEMNIFICATION;-U012
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AUTHORIZE-U012
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&-U012
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DESIGNEE,-U012
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AGREEMENT NO. A-11797 - SAN F��INSTITUTION:
PROJECT DIRECTOR:
TITLE:
AGENCY
DURATION:
Salary & Benefits
Assistant Director, J. Lefler 7699 12 5% 51% 4619.4 2355.894
Training Specialist, TBA 6109 12 30% 51% 21992 11216
Trainer, M. Albers 6087 12 5% 60% 3652 2191
Fiscal Coordinator, T. Smith McMullen 5218 12 5% 51% 3131 1597
Admin. Training Coord. J. Dowling 4400 12 5% 50% 2640 1320
Training Asst., S. Mickaela Good 3042 12 30% 51% 10951 5585
46986 24265
Original Budget
Total Salaries $46,986
Total Fringe Benefits $24,265
Total Salaries and Fringe Benefits $71,251
Operations & Training Original Budget
Telephones $100
Supplies & Services $1,000
Printing $0
Postage $0
Equipment Repair/maintenance $200
Travel Staff) $1,700
Consultants Independent Contractors $24,849
Training Expenses $1,000
Hospitality $2,000
Facility Rental $1,400
Honorarium $0
Operations Sub-total $32,249
TOTAL CONTRACT COSTS
TOTAL INDIRECT COSTS
TOTAL DIRECT COSTS
San Francisco State University
Rita Takahashi
Regional Child Welfare Training Program
County of Monterey
7/01/10-6/31/11
EXHIBIT C
Monthly Base Benefit Requeste Requeste
Salary Months FTE Rate d Salary d Benefits
$103,500
$15,525
$119,025
SFSU Foregone Costs cost match) $39,951.00
Total Costs $158,976.00
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AGREEMENT NO. A-11797 - SAN F��EXHIBIT D
1600 Holloway Avenue
Administration Building, Room 358C
San Francisco, California 94132
San Francisco
State University
Fiscal Affairs
Enterprise Funds, Trust & Projects Accounting
ID:
DESCRIPTION
Tel: 415/338-2436
415/ 338-1055
Fax: 415/338-2461
BILLING DATE:
FISCAL YEAR:
INVOICE NO.
INVOICE DATE:
DUE DATE:
AUTH/REF NO:
REIMBURSE FOR COST INCURRED ON THE MONTEREY COUNTY CHILD WELFARE
TRAINING PROGRAM 2010-11.
AGREEMENT NO.
PO NO.
INVOICE PERIOD:
PROJECT EXPENSES:
SFSU MATCH 25 %)
TOTAL COST
CRS# PEOPLESOFT CHARTFIELD
CHARGE
AMOUNT BALANCE
INVOICE TOTAL:
MAKE MONEY ORDER OR CERTIFIED CHECK PAYABLE TO:
**** SAN FRANCISCO STATE UNIVERSITY ****
REMIT TO: BURSAR'S OFFICE, SFSU
1600 HOLLOWAY AVENUE ADM 155
SAN FRANCISCO, CA 94132
BILLING TERMS: NET 30 DAYS
TO ENSURE PROPER CREDIT, INCLUDE A COPY OF THE
INVOICE WITH YOUR PAYMENT.
Approved Payment:
Monterey County Authorized Signature
Date
The California State University: Bakersfield, Channel Islands, Chico, Dominguez Hills, East Bay, Fresno, Fullerton, Humboldt, Long Beach, Los
Angeles, Maritime Academy, Monterey Bay, Northridge, Pomona, Sacramento, San Bernardino, San Diego, San Francisco, San Jose, San Luis Obispo, San
Marcos. Sonoma, Stanislaus
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AGREEMENT NO. A-11797 - SAN F��EXHIBIT E
Modification of Section 7.01. Termination
San Francisco State University Child Welfare Training Contract:
July 1, 2010 June 30, 2011
7.01. During the term of this agreement, the County may terminate the Agreement
for any reason by giving written notice of termination to the CONTRACTOR at
least thirty 30) days prior to the effective date of termination. Such notice shall set forth
the effective date of termination. In the event of such termination, the amount payable
under this Agreement shall be reduced in proportion to the services provided prior to the
date of termination.
Modification to Section 7.01. Termination:
7.01: During the term of this agreement, the County may terminate the Agreement
for any reason by giving written notice of termination to the CONTRACTOR at
least thirty 30) days prior to the effective date of termination. Such notice shall set forth
the effective date of termination. In the event of such termination, the amount payable
under this Agreement shall be reduced in proportion to the services provided and /or
noncancellable obligations incurred prior to the date of termination.
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AGREEMENT NO. A-11797 - SAN F��EXHIBIT F
Modification of Section 8. Indemnification
San Francisco State University Child Welfare Training Contract:
July 1, 2010 June 30, 2011
8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold
harmless the County, its officers, agents, and employees, from and against any and all
claims, liabilities, and losses whatsoever including damages to property and injuries to
or death of persons, court costs, and reasonable attorney' fees) occurring or resulting to
any and all persons, firms or corporations furnishing or supplying work, services,
materials, or supplies in connection with the performance of this Agreement, and from
any and all claims, liabilities, and losses occurring or resulting to any person, firm, or
corporation for damage, injury, or death arising out of or connected with the
CONTRACTOR's performance of this agreement, unless such claims, liabilities, or
losses arise out of the sole negligence or willful misconduct of the County.
CONTRACTOR's performance" includes CONTRACTOR's action or inaction and the
action or inaction of CONTRACTOR's officers, employees, agents and subcontractors.
Modification to Section 8. INDEMNIFICATION:
CONTRACTOR shall defend, indemnify and hold harmless the COUNTY, its officers,
board members, agents, employees, volunteers and authorized representatives harmless
from and against any and all liability, loss, expense including reasonable attorneys'
fees), or claims for injury or damages arising out of performance of this Agreement but
only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or
claim for injury or damages are caused by or result from the negligent or intentional acts
or omissions of CONTRACTOR, its officers, agent or employees.
The COUNTY shall defend, indemnify and hold CONTRACTOR harmless from and
against any and all liability, loss, expense including reasonable attorneys' fees), or
claims for injury of damages arising out of the performance of this Agreement but only in
proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for
injury or damages are caused by or result from the negligent or intentional acts or
omissions of the COUNTY, its officers, agents or employees.
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