File #: 10-879    Name:
Type: Minutes Status: Passed
File created: 7/27/2010 In control: Board of Supervisors
On agenda: 7/27/2010 Final action: 7/27/2010
Title: a. Approve and authorize the Director of the Department of Social & Employment Services, or his designee, to sign a a. Approve and authorize the Director of the Department of Social & Employment Services, or his designee, to sign a
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Agreement No. A-11797 - San Francisco State University

 

 

 

 

 

 

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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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]

 

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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 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

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��
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

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��

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

OF-U012

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&-U012

EMPLOYMENT-U012

SERVICES,-U012

OR-U012

HIS-U012

DESIGNEE,-U012

TO-U012

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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��

 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

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

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TO-U012

AGREEMENT-U012

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AMOUNT,-U012

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CHANGE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

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

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OF-U07

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&-U07

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SERVICES,-U07

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DESIGNEE,-U07

TO-U07

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A-U07

511-DSS-U08

OLDS-U09

ANNA-U09

OLDSAM-U10

7/14/2010-U011

CONTRACT-U012

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UNIVERSITY-U012

$119,025-U012

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STAFF-U012

TRAINING-U012

PROCUREMENT-U012

OF-U012

TRAINING-U012

RESOURCES-U012

PERIOD-U012

JULY-U012

1,-U012

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THROUGH-U012

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INDEMNIFICATION;-U012

B.-U012

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AMOUNT,-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

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AGREEMENTS-U03

7/28/2010-U04

RIVASR-U04

15315-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

DIRECTOR-U07

OF-U07

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OF-U07

SOCIAL-U07

&-U07

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SERVICES,-U07

OR-U07

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DESIGNEE,-U07

TO-U07

SIGN-U07

A-U07

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OLDS-U09

ANNA-U09

OLDSAM-U10

7/14/2010-U011

CONTRACT-U012

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STATE-U012

UNIVERSITY-U012

$119,025-U012

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OF-U012

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RESOURCES-U012

PERIOD-U012

JULY-U012

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30,-U012

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INDEMNIFICATION;-U012

B.-U012

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AMOUNT,-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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40388-U01

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7/14/2010-U011

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$119,025-U012

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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

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40388-U01

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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

 

 

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SIGNIFICANTLY-U012

CHANGE-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

 

 

BIB]

 

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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

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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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DO-U012

EXCEED-U012

TEN-U012

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CHANGE-U012

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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

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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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

Page 9 of 10

 

 

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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

OF-U012

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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

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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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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