COMPLETED BOARD ORDER�"�P33
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No: A 11794
a. Approve and authorize the Director of the Department of Social and
Employment Services, or his designee, to sign an agreement for $168,755
with Moss Beach Homes, Inc. dba Aspiranet for the operation of the
CHERISH Receiving Center for the period July 1, 2010 through June 30,
2011; and
b. Authorize the Director of the Department of Social and Employment
Services, or his designee, to sign up to 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 and Employment
Services, or his designee, to sign an agreement for $168,755 with Moss Beach Homes, Inc.
dba Aspiranet for the operation of the CHERISH Receiving Center for the period July 1,
2010 through June 30, 2011; and
b. Authorized the Director of the Department of Social and Employment Services, or his
designee, to sign up to 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
Deputy
BIB]
40388-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93900-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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
SIGNED BOARD REPORTX��"�R4
MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 27, 2010 CONSENT AGENDA NO: 3~
SUBJECT: a) Approve and authorize the Director of the Department of Social and Employment
Services, or his designee, to sign an agreement for $168,755 with Moss Beach Homes, Inc. dba
Aspiranet for the operation of the CHERISH Receiving Center for the period July 1, 2010 through
June 30, 2011; and
b) Authorize the Director of the Department of Social and Employment Services, or his designee, to
sign up to 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:
It is recommended that the Board of Supervisors:
a) Approve and authorize the Director of the Department of Social and Employment Services, or his
designee, to sign an agreement for $168,755 with Moss Beach Homes, Inc. dba Aspiranet for the
operation of the CHERISH Receiving Center for the period July 1, 2010 through June 30, 2011;
and
b) Authorize the Director of the Department of Social and Employment Services, or his designee, to
sign up to 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:
The Department of Social and Employment Services, in continuing its dedication to the children
subjected to abuse and/or neglect and in order to support those children through the trauma
experienced through removal from their homes, seeks to continue services with Moss Beach Homes
Inc. dba Aspiranet for the operation of our 23-hour receiving center for FY 2010-11.
OTHER AGENCY INVOLVEMENT:
County Counsel, the Auditor Controller and Purchasing have reviewed and approved this agreement.
FINANCING:
Sufficient appropriations and estimated revenues are included in the FY 2010-11 Adopted Budget.
There is no impact to the County General Fund.
Elliott Robinson, Director Prepared by Daniel Bach
Department of Soc' 1 & Employment Services MA III, ext. 3525
Date: b L Date:
BIB]
40388-U01
SIGNED-U02
BOARD-U02
REPORT-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93901-U03
C10-U03
BOARD-U03
REPORTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL SERVICE`S
MORE THAN $100,000)*
a
This Professional Services Agreement Agreement") is made by and between the County of Monterey, a
political subdivision of the State of California hereinafter County") and:
Moss Beach Homes, Inc. dba Aspiranet
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 operation of the Cherish Receiving Center for children ages 0-18 referred by the Department of
Social & Employment Services' Family & Children's 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 $ 168,755.00
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 B DSES Additional Provisions Exhibit F HIPAA Agreement
Exhibit C Budget Exhibit G FCS Program Directive 04-08
Exhibit D Invoice
Exhibit E Child Abuse Reporting Certification
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: Aspiranet, $168,755
Cherish Receiving Center
July 1, 2010 June 30, 2011
FCS/Bach
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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. 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.
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. 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 attorneys' 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.
PSA over $100,000, Revised 10/09/08 2 of 9 Project ID: Aspiranet, $168,755
Cherish Receiving Center
July 1, 2010 June 30, 2011
FCS/Bach
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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: Aspiranet, $168,755
Cherish Receiving Center
July 1, 2010 June 30, 2011
FCS/Bach
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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: Aspiranet, $168,755
Cherish Receiving Center
July 1, 2010 June 30, 2011
FCS/Bach
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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: Aspiranet, $168,755
Cherish Receiving Center
July 1, 2010 June 30, 2011
FCS/Bach
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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:
Daniel Bach, MA III
Name and Title
1000 South Main Street, Suite 112
Salinas, CA 93901
Address
831) 796-3525 fax: 831) 755-4600
FOR CONTRACTOR:
Laureen Walsh
Name and Title
400 Oyster Point Boulevard, Suite 501
South San Francisco, CA 94080
Address
650) 866-4080 fax: 650) 866-4081
Phone Phone
PSA over $100, 000, Revised 10/09/08
6 of 9 Project ID: Aspiranet, $168,755
Cherish Receiving Center
July 1, 2010 June 30, 2011
FCS/Bach
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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 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: Aspiranet, $168,755
Cherish Receiving Center
July 1, 2010 June 30, 2011
FCS/Bach
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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 Integration. 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
PSA over $100,000, Revised 10/09/08 8 of 9 Project ID: Aspiranet, S 168,755
Cherish Receiving Center
July 1, 2010 June 30, 2011
FCS/Bach
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T &IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and
year written below.
By:
Date:
By:
Date:
Purchasing Officer
Department Head if applicable)
By:
Board o
Date:
Approved as to Form'
By:
6.9~
Date:
By:
Date:
J
Approved as to Liability Provisions3
By:
Risk Manage
Date:
By:
CONTRACTOR
Aspiranet
Contractor's Business Name*
Signature of Chair, President, or EO
Vice-President)*
zii NI iI
Name and Title
Date:
By:
Signature of Secretary, Asst. Secretary, CFO,
Treasurer or Asst. Treasurer)*
o-~.S $ cir-o
Name and Title
Date:
1 1- to
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
2Approval by Auditor-Controller is required
3Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9
COUNTY OF MONTEREY
f Supervisors if applicable)
er
ment
PSA over $100,000, Revised 10/09/08 9 of 9 Project ID: Aspiranet, $168,755
Cherish Receiving Center
July 1, 2010 June 30, 2011
FCS/Bach
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T
&EXHIBIT A
SCOPE OF SERVICES/PAYMENT PROVISIONS
Aspiranet
July 1, 2010 through June 30, 2011
1. CONTRACTOR INFORMATION
Contractor Name: Aspiranet
Contractor Mailing Address: 400 Oyster Point Blvd., Ste 501
South San Francisco, CA 94080
Contact Person: Laureen Walsh
400 Oyster Point Blvd., Ste 501
South San Francisco, CA 94080
Phone: 650) 866-4080
Fax: 650) 866-4081
lwalsh(cD_mossbeachhomes.com
County Contract Monitor: Daniel Bach, MA III
Department of Social and
Employment Services
1000 South Main Street, Suite 112
Salinas, CA 93901
Phone: 831) 796-3525
Fax: 831) 755-4600
bachd(a-co.monterey.ca.us
II. SERVICES TO BE PROVIDED BY CONTRACTOR
Receiving Center
Receive children 24 hours a day, seven days a week from Monterey
County Department of Social and Employment Services DSES), Family
and Children's Services FCS), ages 0 18. Assess immediate needs,
make children comfortable and orient them to the facility.
Maintain nine core operational hours of 10 AM-7 PM, M F with onsite
staff Hours of operation can be adjusted by mutual agreement). Deploy
Aspiranet, Inc. FCS/Bach
Exhibit A PSSF/CWS
Page 1 of4 July 1, 2010-June 30, 2011
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T
&on-call staff for the weekend and hours before and after core service
hours. Children will have a maximum length of stay of 23 hours.
Manage the day-to-day operations of the center, including maintenance
cleaning, scheduling of repairs, and general operations issues. This
excludes equipment and phones owned by the County.
Care for up to 10 children at one time, of diverse backgrounds, from zero
to eighteen 18) years of age. Staffing level and facility accommodations
must meet the diverse needs of this population, including ill and distraught
children. Staffing shall be maintained at a ratio of at least one staff person
for every three 3) children. County shall be notified if and when staffing
ratios cannot be met.
Support the care of children from authorized agencies as directed by the
contract administrator.
When the public nurse is not available, conduct a general health history
and health inventory with children of appropriate ages and emotional
stability.) If staff identifies any emergency health situations the staff will
call the DSES social worker to take the child to Natividad Medical Center
for medical services.
Assess and document the child's known problem behaviors, medical
needs, likes and dislikes food/special toy). Assist in the development and
implementation of health plans; assist with referrals to other agencies
FCS, Children's Behavioral Health CBH))
Coordinate case management, assessment, and scheduling with FCS and
Children's Behavioral Health staff. Assist in identifying health needs and
in securing and utilizing treatment services.
Assist, supervise and support children by providing:
o Snacks, meals and clean clothing, including sleepwear, if needed;
o Shower, bathing facilities, basic hygiene and de-lousing services;
Supply toothbrushes, shampoo, hygiene goods, etc.
o Assistance with medications limited to tracking of medication
administration;
o Age appropriate activities;
o Observation of children and their interactions with others;
o Basic mental health screening and case management to assess the
immediate needs of children.
o Counseling and crisis intervention i.e., mental and medical
assessments) are to be provided by Monterey County staff.
Aspiranet, Inc. FCS/Bach
Exhibit A PSSF/CWS
Page 2 of 4 July 1, 2010-June 30, 2011
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T
& Document and report to FCS, any and all significant assessments made
by staff as well as documentation of services provided. Information will be
provided only to FCS or CBH staff. Once the child children) exit the
Receiving Center, follow-up activities will be provided only by FCS and/or
CBH.
Document and maintain on file a record of services provided and submit
reports monthly by the 10th of the following month. This includes data
tracking, evaluation and reporting associated with requirements of project
funders.
Provide detailed expenditure reports for purchases linked to funding for
supplies, food, and clothing, as well as in kind resource by the 10th of each
month. This will be used to generate future budget projections. This
should be submitted with the invoices, also due by the 10th of each month.
Provide at least four 4) hours of cultural competency training to staff in
order to provide culturally competent and appropriate services for a
diverse group of children. Additionally, receiving staff will receive eight
8) hours of training on mental and developmental issues with special
needs children.
Provide bilingual services as needed.
Provide administrative support necessary to ensure that contract-related
services are timely and performed in a professional manner.
Follow established written guidelines and schedules for on-call staff and
adhere to FCS staff facility access protocol as outlined in the Program
Directive 04-08. Exhibit G)
Assist with fund-raising and resource development activities
Participate and support Monterey County's Caregiver Association through
the maintenance of agendas and preparation of minutes.
Cooperate with Monterey County Staff needing access to the facility for
maintenance, inventory and/or site visits.
Provide a safe, clean and child-friendly Receiving Center facility meeting
the following requirements:
o Kitchen, laundry, bathroom and bathing facilities
o Office space, meeting and interview rooms
o Play areas
Aspiranet, Inc. FCS/Bach
Exhibit A PSSF/CWS
Page 3 of 4 July 1, 2010-June 30, 2011
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T
&o Segregated sleeping areas to accommodate age/gender separation
o Office for FCS social workers to assess child's immediate needs
and conduct staff work such as researching placement options
o Private area on site for emergency medical screening and mental
health assessments and services
Develop schedules and supports for the rotation and maintenance of toys
between the center and the department's visitation rooms.
Ill. CONTRACTOR INVOICES AND PAYMENTS
CONTRACTOR shall submit invoices to COUNTY no later than the 10th of
each month for expenses incurred in the previous month in the form set forth
in Exhibit D, detailing expenses for budgeted line items in Exhibit C.
Subsequent grants awarded and cash received by contractor specifically for
the operations of the Receiving Center will proportionately reduce the claim
on this contract.
The maximum amount of this contract shall not exceed One Hundred Sixty
Eight Thousand Seven Hundred Fifty Five Dollars, $168,755.00.
Funding for this contract is subject to the availability of appropriations as
provided by the State of California and may be adjusted upon 30 days notice
to the contractor.
Invoices shall be submitted to:
Daniel Bach, Management Analyst Ill
Monterey County Department of Social & Employment Services
1000 S. Main St., Suite 112
Salinas, CA 93901
Phone: 831) 796-3525
Fax: 831) 755-4600
A faxed invoice will begin the process, but a signed hard copy is required.)
IV. Independent Audit Report and Allocation of Administrative Charges
CONTRACTOR shall submit to the COUNTY annually an independent
auditor's report which shows the administrative charge by aggregate program
for each county consistent with information provided to all government
agencies as required.
Aspiranet, Inc. FCS/Bach
Exhibit A PSSF/CWS
Page 4 of 4 July 1, 2010-June 30, 2011
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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 Exhibit A.
CONTRACTOR shall meet the contracted level of service and the specified
performance standards described in Exhibit A, 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-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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 Laureen Walsh 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 8of10
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&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.
Exhibit B, Additional Provisions
Page 9 of 10
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&EXHIBIT B
IX. APPEAL PROCESS
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
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&EXHIBIT C
MONTEREY COUNTY DEPARTMENT OF SOCIAL AND EMPLOYMENT SERVICES
Aspiranet CHERISH Receiving Center
PSSF/CWS Monterey County
July 1, 2010-June 30, 2011
BUDGET
CATEGORY TOTAL
CONTRACT
BUDGET
SALARIES
District Administrator $ 5,832
District Secretary $ 1,929
Child Care Supervisor $ 37,286
Child Care Workers $ 67,364
Child Care Workers On Call $ 5,200
Sala Subtotal $ 117,611
EMPLOYEE BENEFITS 9%) $ 10,585
Salary & Benefits Subtotal $ 128,196
Operating Costs
Maintenance $ 400
Employee Training/Conference $ 500
Bldg. Maintenance $ 800
HR Advertising $ 400
Fingerprints $ 400
Mileage/Travel $ 500
Cell Phones/Pagers $ 600
Equipment/supplies/Postage $ 5,400
Cloth Clothing/Food/Program Supplies $ 13,748
Operating Subtotal $ 22,748
Contract Subtotal $ 150,944
Administrative Overhead 11.8%) $ 17,811
TOTAL $ 168,755
FCS/BACH
Aspiranet, Inc. PSSF/CWS
Exhibit C July 1, 2010-June 30, 2011
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&EXHIBIT D
MONTEREY COUNTY DEPARTMENT OF SOCIAL AND EMPLOYMENT SERVICES
Aspiranet CHERISH Receiving Center
PSSF/CWS Monterey County
July 1, 2010 June 30, 2011
Name of Agency Moss Beach Homes Inc. dba Aspira
Report for the month of
CATEGORY TOTAL
CONTRACT
BUDGET MONTHLY
EXPENSE YTD
EXPENSE BALANCE
CONTRACT
FUNDS DOCUMENTATION
REQUIRED
SALARIES
District Administrator $ 5,832 TimesheetslPa roll
District Secretary $ 1,929 Timesheets/Payroll
Child Care Supervisor $ 37,286 Timesheets/Pa roil
Child Care Workers $ 67,364 TimesheetslPa roll
Child Care Workers On Call $ 5,200 TimesheetslPa roll
EMPLOYEE BENEFITS 9%) $ 10,585 Timesheets/Payroll
Operating Costs General Led er/w
Maintenance $400 Recei tslinvoice
Employee Training/Conference $500 Recei tslinvoice
Bldg. Maintenance $800 Receipts/invoice
HR Advertising $400 Recei tsllnvoice
Fingerprints $400 Receipts/invoice
Mileage/Travel $500 Mileage Log/Receipts
Cell Phones/Pagers $600 Receipts/invoice
Equipment/supplies/Postage $5,400 Recei tslinvoice
Cloth! Clothing/Food/Program Supplies $13,748 Recei ts/nvoice
Administrative Overhead 11.8%) $ 17,811 Cost Allocation Breakout
TOTAL $ 168,1155 $ $
I hereby certify that this report is correct and complete to the best of my knowledge.
Person completing the form:
Authorized signature:
Title: Phone Number:
Date:
Monterey County DSES Authorized Signature: Date:
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&EXHIBIT E
CHILD ABUSE & NEGLECT REPORTING
CERTIFICATION
ASPIRANET
HEREBY acknowledges that this contract for services will bring CONTRACTOR in
contact with children, and that CONTRACTOR has received from COUNTY a copy of
Penal Code Sections 11165.7 and 11166 as required by the Child Abuse and Neglect
Reporting Act Penal Code Sections 11164, et seq). CONTRACTOR further certifies
that it has knowledge of the provisions of the Act, and will comply with its provisions,
which define a mandated reporter and requires that reports of child abuse or neglect be
made by a mandated reporter whenever, in his or her professional capacity or within the
scope of his or her employment, he/she has knowledge or observes a child whom he/she
knows or reasonably suspects has been a victim of neglect or abuse.
CONTRACTOR further gives assurance that all of its employees, consultants, and agents
performing services under this Agreement, who are mandated reporters under the Act,
sign statements indicating that they know of, and will comply with, the Act's reporting
requirements.
Authorized Signature
Date
24-hour Bilingual Child Abuse Hotline 1-800-606-6618
Mandated Child Abuse Reporter Training is available, at no cost, through the Child
Abuse Prevention Council of Monterey County CAPC), 755-4737.
Attachment: Calif. Penal Code Sections 11165.7 and 11166
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&EXHIBIT F
BUSINESS ASSOCIATE AGREEMENT
This Agreement is made effective the 1ST day of July, 2010, by and between MONTEREY
COUNTY, hereinafter referred to as Covered Entity", and ASPIRANET, hereinafter referred to as
Business Associate", individually, a Party" and collectively, the Parties").
WITNESSETH:
WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, known as the Administrative Simplification provisions,"
direct the Department of Health and Human Services to develop standards to protect the security,
confidentiality and integrity of health information; and
WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health and
Human Services has issued regulations modifying 45 CFR Parts 160 and 164 the HIPAA Privacy
Rule"); and
WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby
Business Associate will provide certain services to Covered Entity, and, pursuant to such arrangement,
Business Associate may be considered a business associate" of Covered Entity as defined in the
HIPAA Privacy Rule the agreement evidencing such arrangement is entitled agreement to provide
operation of the CHERISH Receiving Center, dated July 1, 2010, and is hereby referred to as the
Arrangement Agreement"); and
WHEREAS, Business Associate may have access to Protected Health Information as defined
below) in fulfilling its responsibilities under such arrangement;
THEREFORE, in consideration of the Parties' continuing obligations under the Arrangement
Agreement, compliance with the HIPAA Privacy Rule, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions of this
Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the interests
of both Parties.
DEFINITIONS
Except as otherwise defined herein, any and all capitalized terms in this Section shall have the
definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions
of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA
Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in
the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of
this Agreement shall control.
The term Protected Health Information" means individually identifiable health information including,
without limitation, all information, data, documentation, and materials, including without limitation,
demographic, medical and financial information, that relates to the past, present, or future physical or
mental health or condition of an individual; the provision of health care to an individual; or the past,
present, or future payment for the provision of health care to an individual; and that identifies the
individual or with respect to which there is a reasonable basis to believe the information can be used to
identify the individual.
Page 1 of 4
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T &EXHIBIT F
Business Associate acknowledges and agrees that all Protected Health Information that is created or
received by Covered Entity and disclosed or made available in any form, including paper record, oral
communication, audio recording, and electronic display by Covered Entity or its operating units to
Business Associate or is created or received by Business Associate on Covered Entity's behalf shall be
subject to this Agreement.
II. CONFIDENTIALITY REQUIREMENTS
a) Business Associate agrees:
i) to use or disclose any Protected Health Information solely: 1) for meeting
its obligations as set forth in any agreements between the Parties evidencing their
business relationship or 2) as required by applicable law, rule or regulation, or by
accrediting or credentialing organization to whom Covered Entity is required to disclose
such information or as otherwise permitted under this Agreement, the Arrangement
Agreement if consistent with this Agreement and the HIPAA Privacy Rule), or the
HIPAA Privacy Rule, and 3) as would be permitted by the HIPAA Privacy Rule if such
use or disclosure were made by Covered Entity;
ii) at termination of this Agreement, the Arrangement Agreement or any
similar documentation of the business relationship of the Parties), or upon request of
Covered Entity, whichever occurs first, if feasible, Business Associate will return or
destroy all Protected Health Information received from or created or received by
Business Associate on behalf of Covered Entity that Business Associate still maintains in
any form and retain no copies of such information, or if such return or destruction is not
feasible, Business Associate will extend the protections of this Agreement to the
information and limit further uses and disclosures to those purposes that make the return
or destruction of the information not feasible; and
iii) to ensure that its agents, including a subcontractor, to whom it provides
Protected Health Information received from or created by Business Associate on behalf
of Covered Entity, agrees to the same restrictions and conditions that apply to Business
Associate with respect to such information. In addition, Business Associate agrees to
take reasonable steps to ensure that its employees' actions or omissions do not cause
Business Associate to breach the terms of this Agreement.
b) Notwithstanding the prohibitions set forth in this Agreement, Business Associate may
use and disclose Protected Health Information as follows:
i) if necessary, for the proper management and administration of Business
Associate or to carry out the legal responsibilities of Business Associate, provided that
as to any such disclosure, the following requirements are met:
A) the disclosure is required by law; or
B) Business Associate obtains reasonable assurances from the
person to whom the information is disclosed that it will be held confidentially and
used or further disclosed only as required by law or for the purpose for which it
was disclosed to the person, and the person notifies Business Associate of any
instances of which it is aware in which the confidentiality of the information has
been breached;
ii) for data aggregation services, if to be provided by Business Associate for
the health care operations of Covered Entity pursuant to any agreements between the
Parties evidencing their business relationship. For purposes of this Agreement, data
aggregation services means the combining of Protected Health Information by Business
Associate with the protected health information received by Business Associate in its
Page 2 of 4
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T &EXHIBIT F
capacity as a business associate of another covered entity, to permit data analyses that
relate to the health care operations of the respective covered entities.
c) Business Associate will implement appropriate safeguards to prevent use or disclosure
of Protected Health Information other than as permitted in this Agreement. The Secretary of Health and
Human Services shall have the right to audit Business Associate's records and practices related to use
and disclosure of Protected Health Information to ensure Covered Entity's compliance with the terms of
the HIPAA Privacy Rule. Business Associate shall report to Covered Entity any use or disclosure of
Protected Health Information which is not in compliance with the terms of this Agreement of which it
becomes aware. In addition, Business Associate agrees to mitigate, to the extent practicable, any
harmful effect that is known to Business Associate of a use or disclosure of Protected Health
Information by Business Associate in violation of the requirements of this Agreement.
Ill. AVAILABILITY OF PHI
Business Associate agrees to make available Protected Health Information to the extent and in the
manner required by Section 164.524 of the HIPAA Privacy Rule. Business Associate agrees to make
Protected Health Information available for amendment and incorporate any amendments to Protected
Health Information in accordance with the requirements of Section 164.526 of the HIPAA Privacy Rule.
In addition, Business Associate agrees to make Protected Health Information available for purposes of
accounting of disclosures, as required by Section 164.528 of the HIPAA Privacy Rule.
IV. TERMINATION
Notwithstanding anything in this Agreement to the contrary, Covered Entity shall have the right to
terminate this Agreement and the Arrangement Agreement immediately if Covered Entity determines
that Business Associate has violated any material term of this Agreement. If Covered Entity reasonably
believes that Business Associate will violate a material term of this Agreement and, where practicable,
Covered Entity gives written notice to Business Associate of such belief within a reasonable time after
forming such belief, and Business Associate fails to provide adequate written assurances to Covered
Entity that it will not breach the cited term of this Agreement within a reasonable period of time given
the specific circumstances, but in any event, before the threatened breach is to occur, then Covered
Entity shall have the right to terminate this Agreement and the Arrangement Agreement immediately.
V. MISCELLANEOUS
Except as expressly stated herein or the HIPAA Privacy Rule, the parties to this Agreement do not
intend to create any rights in any third parties. The obligations of Business Associate under this Section
shall survive the expiration, termination, or cancellation of this Agreement, the Arrangement Agreement
and/or the business relationship of the parties, and shall continue to bind Business Associate, its
agents, employees, contractors, successors, and assigns as set forth herein.
This Agreement may be amended or modified only in a writing signed by the Parties. No Party may
assign its respective rights and obligations under this Agreement without the prior written consent of the
other Party. None of the provisions of this Agreement are intended to create, nor will they be deemed to
create any relationship between the Parties other than that of independent parties contracting with each
other solely for the purposes of effecting the provisions of this Agreement and any other agreements
between the Parties evidencing their business relationship. This Agreement will be governed by the
laws of the State of California. No change, waiver or discharge of any liability or obligation hereunder
Page 3 of 4
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T &EXHIBIT F
on any one or more occasions shall be deemed a waiver of performance of any continuing or other
obligation, or shall prohibit enforcement of any obligation, on any other occasion.
The parties agree that, in the event that any documentation of the arrangement pursuant to which
Business Associate provides services to Covered Entity contains provisions relating to the use or
disclosure of Protected Health Information which are more restrictive than the provisions of this
Agreement, the provisions of the more restrictive documentation will control. The provisions of this
Agreement are intended to establish the minimum requirements regarding Business Associate's use
and disclosure of Protected Health Information.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and
effect. In addition, in the event a party believes in good faith that any provision of this Agreement fails
to comply with the then-current requirements of the HIPAA Privacy Rule, such party shall notify the
other party in writing. For a period of up to thirty days, the parties shall address in good faith such
concern and amend the terms of this Agreement, if necessary to bring it into compliance. If, after such
thirty-day period, the Agreement fails to comply with the HIPAA Privacy Rule, then either party has the
right to terminate upon written notice to the other party.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year
written above.
COVERED ENTITY: BUSINESS ASSOCIATE:
MONTEREY COUNTY ASPIRANET
By: By:
Title., DSES Director Title:
Date: Date:
Page 4 of 4
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T &EXHIBIT G
P.D. Number: 04- 08
Family and Children's Services FCS) Implementation Date: 10/14/2004
Program Directive Filing Section: Placement
CHERISH CENTER, 23-Hour Receiving Center
I. Summary
The Receiving Center is designed to support children through the trauma of removal from their
birth families and to ease the transition between placements for children disrupting from
placements. The Center provides a supportive, child-friendly place where children can be
looked after safely while more thoughtful placements are researched, including assessment of
relative and near kin placement options. Children receive health screening, mental health
assessment, short-term care and supervision and crisis support. These services assist
matching children to the appropriate level of care and addressing issues of permanency at the
earliest possible point.
Il. Policy
A. Center Purpose
Unity Care Group, a community-based organization under contract to Monterey County
Department of Social and Employment Services, staffs the Receiving Center. The Center
is a non-residential child friendly environment. Due to licensing restrictions, a child's stay
is limited to 23 hours or less. The Receiving Center is not a placement. The Receiving
Center can only accept a child from the Monterey County Family and Children's Services.
B. Multi Disciplinary Service Delivery
The Receiving Center staff is organized within a comprehensive service delivery model
that includes, but is not limited to: DSES Nurse, MC Behavioral Health in addition to Unity
Care Group and MC Family and Children's Services.
C. Center Capacity
The Center has the capacity to receive and serve up to 10 children between the ages of
zero and 18 years.
D. Hours of Operation
The Center's core operating hours are 10 AM to 7 PM M-F with availability of on-call staff
before and after core service hours and on weekends.
E. Referrals
1. Mandatory Referrals
Except when emergency or urgent medical care is needed, all children shall be taken
to the Receiving Center before placement in situations where the child is:
a. Removed from parents or guardians and is under a police hold;
b. Removed from parents receiving Family Maintenance services;
c. Experiencing a placement disruption and there is no identified new placement
immediately available.
Exceptions to mandatory referrals are made on a case-by-case basis with an FCS
program manager's, or his/her designee's, approval in situations where it is
considered better for the child to be placed directly.
Monterey County Department of Social and Employment Services 1
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T &2. Inappropriate Registrations
The following are considered inappropriate registrations for the Center:
a. Homeless children and runaway youth who are not dependents;
b. Youth arrested for a crime or status offense.
3. Registrations for Consideration
The following may only be considered for Center registration with FCS program
manager and Unity Care program manager and/or supervisor approval:
a. Youth being released from Juvenile Hall and wards of the court under the Welfare
and Institutions Code 601 or 602, if custody is being transferred to DSES;
b. Youth being released from psychiatric hospitals or from 5150 assessment.
4. Voluntary Referrals
Referral to the Receiving Center is not mandatory when a child is being discharged
from the hospital and placement has been pre-arranged.
F. Child Transport
1. Only child welfare staff may admit a child to the Receiving Center after:
a. First having face-to-face contact with that child
b. Transfer from law enforcement staff to the social worker has taken place.
2. Although it is preferred that the social worker take the child to the placement home,
the caregiver may transport a child/children from the Center to their home, provided
the social worker is present to complete the placement paperwork.
G. Social Worker Continuity
The admitting social worker is to follow through with the discharge planning except when a
standby worker transfers the case to a daytime ER worker.
H. Use of the Receiving Center After Regular Business Hours
1. Overnight stays
Children may remain at the Center no more than 23 hours and cannot remain two
consecutive nights. Overnight use of the Center is restricted to the following
circumstances:
a. More time will allow the child to be considered for a preferred placement e.g. a
non-custodial parent, other relative or near kin);
b. To avoid placement in a temporary home;
c. When arrival to the center is late in the day and did not allow sufficient time for a
placement decision to be made e.g. after 5 PM).
d. To allow time to hold a TDM meeting prior to placement.
2. After Hours Access
All ER/Standby workers are permitted to enter the Receiving Center without Receiving
Center staff present while awaiting Center staffs arrival. The identified FCS
supervisors, program managers, deputy director and ER social workers have keys
and alarm information for the Receiving Center. Those using the center without
Receiving Center staff present must sign in and out as is the case when Receiving
Center staff is present.
Ill. Procedures During Regular Business Hours
A. Prior to referral, the social worker shall:
1. Investigate the allegation of abuse and/or neglect and remove the child from the
home, if appropriate.
2. Transport the child to the hospital if medical or mental health issues require immediate
attention.
3. Consult with the FCS supervisor and program manager to:
Monterey County Department of Social and Employment Services 2
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T!&a. Initiate the exception process for a mandatory referral to the Receiving Center;
b. Consider referral of youth being released from Juvenile Hall, a psychiatric hospital
or a 5150 assessment and children who are wards of the court under the Welfare
and Institutions Code 601 or 602.
B. The social worker shall make the referral:
1. Register the child by phone, advising Receiving Center staff of the ages and sex of
children and any special circumstances. Use the CHERISH Center Intake Form
Attachment 1) as a guide.
2. Inform custodial parent of when/how they will next communicate with child and
provide the Center's phone number. The address/location of the Center is confidential
information and should not be disclosed to the custodial parent.
3. Within one hour of being taken into custody, inform any child 10 years of age or older
of their personal right to make at least two phone calls: one call completed to his or
her parent, guardian, or a responsible relative, and another call completed to an
attorney. See Welfare and Institutions Code 308B.
4. Advise staff of the plan for a child's supervised use of the phone while at the Center.
5. Gather information required to complete the intake form. complete the form prior to
leaving the Center.) If any information requested on the form is unavailable,
designated FCS ER staff will contact the Center via phone or FAX with this
information.
6. Transport the child to the Center.
7. Sign in on the designated sheet providing the requested information SW name, time
of arrival, pager or cell phone number or other emergency telephone number where
you can be reached by Center staff. CHERISH Center Intake Form Attachment 1).
C. The social worker shall continue the investigation:
1. Initiate request for TDM or internal staffing as appropriate, per current protocol. See
PD Number 04-02.
2. Initiate the relative caregiver/nearkin approval process, per current protocol. See PD
Number 04-06, Relative/Near Kin Family Assessment and Approval
3. Contact the FCS Resource Coordinator if no potential caregiver is identified.
D. The social worker shall place the child:
1. Advise Receiving Center staff of the immediate case plan and provide placement
information. This will assure that Receiving Center staff assists with transitional
counseling with the child and nursing follow-up once the child is placed.
2. Transport the child to placement or arrange transport with the Resource Family, if
appropriate.
3. Provide one copy of the Receiving Center Intake Form to the caregiver and retain the
original for the case file. A copy will also be filed in the child's Center file.
E. Receiving Center staff shall:
1. At intake:
a. Assess the child's level of crisis and physical needs, determining what services
need to be provided while the child is in the Receiving Center. Focus on making
the child comfortable and providing any immediate services needed.
b. Supervise approved phone calls for children 10 and older after reviewing the
social worker's approved phone call plan.
Monterey County Department of Social and Employment Services 3
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T"&c. Arrange for the child to be seen by the on-site nurse. If no nurse is on duty,
conduct a general health history and health inventory with children of appropriate
ages and emotional stability). Leave the information gathered for the nurse for
their follow up at the center or following placement.
d. Page the mental health professional.
e. Initiate the behavioral screening process, in the event that no behavioral health
staff is available.
f. Inventory the child's funds and personal possessions.
g. Explain the center routines and child's rights.
h. Ensure completion of the Receiving Center Intake Form.
2. During the child's stay
a. Provide careful supervision of all children, ensuring that they receive nurturing
and supportive care including food, hygiene, rest, and emotional support.
b. Complete all required paperwork related to logging children's possessions, child
observation, mental health screening, incident reporting, and quality assurance.
c. Collaborate with Health, Behavioral Health, FCS, Police and other professionals
that interact with the Center and the children it serves.
3. At discharge
a. Provide the social worker with two originals and one copy of the intake form and
the originals of any health or mental health reports.
b. Provide an exit packet to the social worker or designee for the child and return
child's personal belongings.
F. Receiving Center Nurse shall:
1. Conduct a health screening to determine that the child has an acceptable level of
wellness and follow-up with caregiver.
2. Arrange and coordinate urgent medical care or evaluation, if needed, prior to
placement. NOTE: This does not modify existing policy for children with suspected
injuries or illness. ER staff remains responsible for taking these children to the
Emergency Room or Urgent Care facility before coming to the Receiving Center or
placement.)
3. Conduct basic dental screening.
4. Document findings of nursing assessment and any health history obtained.
5. Consult with social worker and Receiving Center staff regarding child specific health
issues and/or general health concerns.
6. Develop medication history.
7. Link to foster care nurses who case manage medical care of children in out-of-home
placement.
8. Consult with caregivers relatives, resource parents, and group homes).
9. Enter health information into the Health Education Passport.
G. Behavioral Health Specialist shall provide:
Monterey County Department of Social and Employment Services 4
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T#&1. Crisis counseling services for children needing immediate intervention due to the
trauma of removal from home.
2. On-call mental health screening and assessment of children.
a. Complete the mental health screening form using the information both to assist
staff in placement and for referral for further mental health evaluation and/or
services.
3. Case Management of the children requiring mental health services; navigating the
Behavioral Health system.
4. Consultation and follow-up services to caregivers relative, resource family and group
home).
IV. Procedures After Regular Business Hours
A. When registering a child or children after hours, the social worker shall:
1. Call the Unity Care on-call supervisor to register the child and to secure authorization
for an overnight stay, if needed.
2. Coordinate arrival time to the Center with that of the on-call childcare worker. Obtain
the security code from the on-call childcare worker. The reporting time of the
childcare worker is not to exceed 45 minutes from the time notified to report to work.
3. Admit child/ren to the Center.
4. In situations where the social worker and child/ren arrive at the Center prior to Unity
Care staff, use the security code provided by the on-call childcare worker to gain
entrance into the Center.
5. Log in time entered the Center.
6. Upon arrival, orient Unity Care staff and share initial placement options.
7. In situations where several children are brought in at the last minute, assist with
urgent childcare needs until adequate child care staff have arrived.
8. If relatives are identified who would likely be stable and safe placement resources
initiate the Relative Near Kin approval process and paperwork.
9. Fax above paperwork to the Screening Unit the following morning. On the CWS
Referral form, the ER worker will indicate under Alerts" that the child is in the
Receiving Center and the time the child was taken to the Receiving Center to assure
the child does not remain there beyond 24 hours. If faxing is not possible, this
information must be given to Screening.
10. Standby social worker may leave a child overnight in the Receiving Center during any
shift. If the following day is not a regular business day e.g. Saturday, Sunday or a
holiday), before going off duty, the standby worker must alert both the scheduled
supervisor and the ER worker for the next shift that the child is in the Receiving
Center. The standby social worker shall also inform the next shift regarding the time
the child was taken to the Receiving Center, as well as any pertinent information
about the parent or relative caregiver with whom placement or discharge is planned.
In addition, Receiving Center staff must be advised of the name and pertinent contact
numbers of the worker coming on shift who will follow through with the case to find
placement before the 23-hours has expired.
B. When a child, registered during regular business hours, needs to remain after hours
overnight), the social worker shall:
Monterey County Department of Social and Employment Services 5
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11794 - MOSS �T$&1. Inform the Standby worker and assure that their contact phone numbers are current.
If an emergency arises during the night, the Receiving Center staff will call Standby
staff for assistance. The mental health crisis team will be contacted for mental health
emergencies. These calls from the Center shall be considered as high priority.
2. If clearances can be completed on adults in a relative or near-kin home and show no
history of criminal convictions or child abuse allegations, but no in-home assessment
can reasonably be made by daytime staff, this would be considered a worker assist"
situation. The Program Manager and ER Supervisor will jointly decide if ER will
follow up to conduct the home visit and place the child.
V. Confidentiality
Confidentiality will be observed based upon the highest standard of the participating partners.
All staff are required to sign a confidentiality statement.
Vt. Record Keeping
A.
At intake, Center staff shall create a client file to include:
1.
2.
3.
4.
5.
6.
7.
Child's photograph
Intake forms
Incident reports
Shift summaries
Behavioral assessments.
Departure Form/Case Plan
PC if applicable) in file
8. Health Screening Form
B. At discharge, provide the original documents to the child's social worker and store copies
in a locked cabinet at the Receiving Center.
V11. Cultural Sensitivity
When serving children and their family members from diverse cultural backgrounds, the staff
will be committed to communication and interactions reflecting an awareness of and respect
for different ethnicities and racial backgrounds. Spanish speaking staff will be available to
assure that monolingual children and their caregivers are assisted and language barriers are
overcome. Every effort will be made to provide interpretation services for any child or family
necessitating such services.
Monterey County Department of Social and Employment Services 6
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T%&Vlll. Disclosures
When a child makes a disclosure that is germane to child welfare/protection, Receiving Center
childcare staff must immediately report the disclosure to the assigned child welfare worker and
complete an incident report. The original report is given to the assigned FCS social worker
and a copy placed in the child's Center file.
If the disclosure is related to sexual abuse, the assigned child welfare worker will ensure that
the CART Child Abuse Response Team) protocol is followed, making the necessary cross-
reports to law enforcement and assisting in the scheduling and transportation of the child to
the Archer Child Advocacy Center. If the assigned child welfare worker is not available,
childcare staff will report the sexual abuse disclosure to that worker's supervisor to ensure that
the appropriate steps are taken. If the disclosure by the child regarding sex abuse is made
within 72 hours of the alleged incident, time is of the essence in terms of gathering evidence.
Childcare staff should report after-hour disclosures to the after-hours social worker
immediately. The after-hours social worker should report the disclosure to law enforcement to
determine whether the child should be brought to Natividad Medical Center for an examination
for the purposes of gathering evidence of sexual assault by SART Sexual Assault Response
Team). Law enforcement will determine whether there is a need for an immediate examination
and would initiate SART. This would only be necessary if the assault was within 72 hours of
the disclosure.
Robert Taniguc
Deputy Director
Distribution: FCS Managers, Supervisors and staff
Receiving Center Managers, Supervisors and staff
Children's Behavioral Health
Monterey County Department of Social and Employment Services 7
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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-11794 - MOSS �T&&Attachment A
CHERISH Center Intake Form
PLEASE PRINT CLEARLY
Name: Sex: Male or Female Ethnicity: Cau, His, Af A, AsA, NA
Age: D.O.B. Home Address ZIP CODE
Child is First time removal YES NO UNKNOWN, FFA placement disturbance YES NO UNKNOWN
Change of Placement non disturbed) YES NO UNKNOWN, Other 602) or YES NO UNKNOWN
ARRIVING: Arrival Date: Arrival Time: am / pm
FCS Social Worker:
9-5 Telephone: Cell Phone: Pager:
Supervisors name and after-hours number:
Signature:
* Make sure social worker signs in on the Client Log Book
Clients can only receive calls from their SOCIAL WORKER: Specify any other CFS/MH Worker
Special dietary needs or allergies: NONE or specify
Medical concerns / Medications and dosage recent trauma) NONE or specify
Other Information NONE danger to self, AWOL risk, family/ siblings issue, mental health
Child/Youth's Possessions Inventory Cash $
Clothing currently worn
Other Items of Value
Child/Youth's signature
I agree that these items are being held for me to be returned when I depart.
BIB]
40388-U01
AGREEMENT-U02
NO.-U02
A-11794-U02
U02
MOSS-U02
BEACH-U02
HOMES,-U02
INC.-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89584-U03
AI93255-U03
DO93902-U03
C5-U03
AGREEMENTS-U03
7/28/2010-U04
RIVASR-U04
15310-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
DIRECTOR-U07
OF-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
7/13/2010-U011
AGREEMENT-U012
$168,755-U012
MOSS-U012
BEACH-U012
HOMES,-U012
INC.-U012
DBA-U012
ASPIRANET-U012
OPERATION-U012
OF-U012
CHERISH-U012
RECEIVING-U012
CENTER-U012
PERIOD-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-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