File #: 10-877    Name:
Type: Minutes Status: Passed
File created: 7/27/2010 In control: Board of Supervisors
On agenda: 7/27/2010 Final action: 7/27/2010
Title: a. Approve and authorize the Director of the Department of Social & Employment Services, or his designee, to sign an a. Approve and authorize the Director of the Department of Social & Employment Services, or his designee, to sign an
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Agreement No. A-11795 - ACTION Council of Monterey County

 

 

 

 

 

 

COMPLETED BOARD ORDER�"��34

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No: A  11795; Budget No: 10/11  007

a. Approve and authorize the Director of the Department of Social & Employment

Services, or his designee, to sign an agreement with ACTION Council of Monterey

County for $80,240 to provide short term non-recurring services to TANF Temporary

Assistance to Needy Families) eligible families for the period July 1, 2010 through

September 30, 2010;

b. Authorize the Director of the Department of Social & Employment Services, or his

designee, to sign up to three 3) amendments to this agreement, where the total

amendments do not exceed ten percent 10%) of the original contract amount, and do

not significantly change the scope of work; and

c. Authorize the Auditor-Controller's Office to amend the Department of Social &

Employment Services Fiscal Year 2010-11 Adopted Budget 001-S0C005-8262 to

increase appropriations and estimated revenues of $80,240 as indicated below 4/5th

vote required).

Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those

members present, effective July 27, 2010, the Board hereby:

a. Approved and authorized the Director of the Department of Social & Employment

Services, or his designee, to sign an agreement with Action Council of Monterey County

for $80,240 to provide short term non-recurring services to TANF Temporary Assistance

to Needy Families) eligible families for the period July 1, 2010 through September 30,

2010; and

b. Authorized the Director of the Department of Social & Employment Services, or his

designee, to sign up to three 3) amendments to this agreement, where the total

amendments do not exceed 10% of the original contract amount, and do not significantly

change the scope of work; and

c. Directed the Auditor-Controller's Office to amend the Department of Social &

Employment Services FY 2010-11 Adopted Budget and increase:

Appropriations: 001-S0C005-8262 in the amount of $80,240; and

Estimated Revenues: 001-SOC005-8262 in the amount of $80,240

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 12- 12--,-1

Deputy

 

 

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SIGNED BOARD REPORTX��"��MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: July 27, 2010  CONSENT AGENDA NO: Sy

SUBJECT: a) Approve and authorize the Director of the Department of Social & Employment

Services, or his designee, to sign an agreement with Action Council of Monterey County for

$80,240 to provide short term non-recurring services to TANF Temporary Assistance to Needy

Families) eligible families for the period July 1, 2010 through September 30, 2010; and

b) Authorize the Director of the Department of Social & Employment Services, or his designee, to

sign up to three 3) amendments to this agreement, where the total amendments do not exceed 10%

of the original contract amount, and do not significantly change the scope of work; and

c) Direct the Auditor-Controller's Office to amend the Department of Social & Employment

Services FY 2010-11 Adopted Budget 001-S00005-8262 to increase appropriations and estimated

revenues of $80,240 as indicated in the attached Board Order 4/5th Vote Required)

DEPARTMENT: Social & Employment Services

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a) Approve and authorize the Director of the Department of Social & Employment Services, or his

designee, to sign an agreement with Action Council of Monterey County for $80,240 to provide

short term non-recurring services to TANF Temporary Assistance to Needy Families) eligible

families for the period July 1, 2010 through September 30, 2010; and

b) Authorize the Director of the Department of Social & Employment Services, or his designee, to

sign up to three 3) amendments to this agreement, where the total amendments do not exceed 10%

of the original contract amount, and do not significantly change the scope of work; and

c) Direct the Auditor-Controller's Office to amend the Department of Social & Employment

Services FY 2010-11 Adopted Budget 001-S00005-8262 to increase appropriations and estimated

revenues of $80,240 as indicated in the attached Board Order.

SUMMARY/DISCUSSION:

The Action Council of Monterey County will provide short term non-recurring services to TANF

eligible families to address specific crisis situations or episodes of need in order to promote child

well being and prevent the need for more intensive child welfare involvement. Services are

designed to alleviate the crisis situation within a four month period of time. Services can include,

but are not limited to, school supplies, food or utility vouchers; housing or moving assistance; and

one-time expenditure to remove a barrier to work.

OTHER AGENCY INVOLVEMENT:

The Auditor-Controller, County Counsel, and Contracts/Purchasing have reviewed and approved

this contract.

FINANCING:

Funding is being provided by Temporary Assistance to Needy Families Emergency Contingency

Fund TANF ECF) which is a component of the American Recovery and Reinvestment Act of 2009

ARRA). The total cost of the program funded by this contract is $100,300 with the contractor

providing 20% $20,060) and TANF ECF the remaining $80,240. There is no impact to the County

General Fund.

El iott Robinso  Director Prepared fy Vdes Morrill MA II

Department of Social Services Ext. 4450

Date: 2 /0 ICJ Date:

 

 

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AGREEMENT NO. A-11795 - ACTIO�{COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL SERVICES

NOT TO EXCEED $100,000)

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:

ACTION Council of Monterey County

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 the development and distribution of TANF-ECF vouchers to the eligibile population from the

Monterey County Family Resource Centers, Pathways to Safety and Family and Children 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 $ 80,240.00

3. TERM OF AGREEMENT. The term of this Agreement is from July 1, 2010 to

September 30, 2010  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 Elder Abuse Reporting Certification

Exhibit C Budget/Invoice Exhibit G Business Associate Agreement

Exhibit D TANF Eligibility Determination Form

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.

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

PSA $100,000 or Less, Revised 10/09/08 1 of 8 Project ID: ACTION Council / $80,240 /

7-10 through 9/10/

TANF-ECF / Bach

 

 

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AGREEMENT NO. A-11795 - ACTIO�{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 of Monterey

hereinafter County"), its officers, agents and employees from any claim, liability, loss, injury or damage

arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees

or sub-contractors, excepting only loss, injury or damage caused by the negligence or willful misconduct of

personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest

possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees,

expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify,

defend and hold harmless the County under this Agreement.

9. 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.

PSA $100,000 or Less, Revised 10/09/08 2 of 8 Project ID: ACTION Council / $80,240 /

7-10 through 9/10/

TANF-ECF / Bach

 

 

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AGREEMENT NO. A-11795 - ACTIO�{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 the County has approved

such insurance. 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,

Broad form 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 $500,000 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).

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

PSA $100,000 or Less, Revised 10/09/08 3 of 8 Project ID: ACTION Council / $80,240 /

7-10 through 9/10/

TANF-ECF / Bach

 

 

BIB]

 

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AGREEMENT NO. A-11795 - ACTIO�{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 3710

01 2000). The required endorsement Form for Automobile Additional Insured endorsement is ISO Form

CA 20480299.

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.

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.

PSA $100,000 or Less, Revised 10/09/08 4 of 8 Project ID: ACTION Council / $80,240 /

7-10 through 9/10/

TANF-ECF / Bach

 

 

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AGREEMENT NO. A-11795 - ACTIO�{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.

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

PSA $100, 000 or Less, Revised 10/09/08 5 of 8 Project ID: ACTION Council / $80,240 /

7-10 through 9/10/

TANF-ECF / Bach

 

 

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AGREEMENT NO. A-11795 - ACTIO�{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, Management Analyst III

Name and Title

1000 South Main Street, Suite 112

Salinas, California 93901

FOR CONTRACTOR:

Larry Imwalle, Executive Director

Name and Title

369 Main Street, Suite M

Salinas, California 93901

Address

831-796-3525

Address

831-783-1244

Phone Phone

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.

PSA $100,000 or Less, Revised 10/09/08 6 of 8 Project ID: ACTION Council / $80,240 /

7-10 through 9/10/

TANF-ECF / Bach

 

 

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AGREEMENT NO. A-11795 - ACTIO�{15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and

local laws and regulations in performing this Agreement.

15.09 Headings. The headings are for convenience only and shall not be used to interpret the terms of this

Agreement.

15.10 Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.

15.11 Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of

California.

15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR

expressly reserve the right to contract with other entities for the same or similar services.

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.

PSA $100,000 or Less, Revised 10/09/08 7 of 8 Project ID: ACTION Council / $80,240 /

7-10 through 9/10/

TANF-ECF / Bach

 

 

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AGREEMENT NO. A-11795 - ACTIO�{IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and

year written below.

By:

COUNTY OF MONTEREY

By:

CONTRACTOR

ACTION Council of Monterey County

Contracts/Purchasing Officer

Date:

By:

Department Head if applicable)

Date:

Approved as to Form'

By:

County Counsel

Date:

Approved as to Liability Provisions3

By:

Risk Management

Date:

Date:

By:

Date:

X e, f-f   L' A Al

a C f~

Name and Title

ture ofsecretary, Asst. Secretary, CFO,

easurer or Asst. Treasurer)*

X CT>CY1/lwri' 1 P S  7rm

Name and Title

k

*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 only if changes are made to the standard provisions of the PSA

2Approval by Auditor/Controller is required

3Approval by Risk Management is required only if changes are made in paragraph 8 or 9

PSA $100,000 or Less, Revised 10/09/08 8 of 8 Project ID: ACTION Council / $80,240 /

7-10 through 9/10/

TANF-ECF / Bach

 

 

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AGREEMENT NO. A-11795 - ACTIO�{                     Exhibit A

SCOPE OF SERVICES/PAYMENT PROVISIONS

Action Council of Monterey County

TANF-ECF Voucher Program

July 1, 2010  September 30, 2010

I. CONTACT INFORMATION

Contractor Name: ACTION Council of Monterey County

Mailing Address: 369 Main St., Suite M

Salinas, CA 93901

Contact Person: Larry Imwalle

 Phone 831) 783-1244 Fax 831) 783-1276

County Contract Monitor: Daniel Bach

Management Analyst I I I

Family and Children's Services

1000 S. Main Street, Ste. 112

Salinas, CA 93901

831) 796-3525 Fax 831) 755-4600

II. SERVICES TO BE PROVIDED

CONTRACTOR shall distribute and account for the use of TANF-ECF, Non-recurring

cost funding, in serving the eligible population from Monterey County Family Resource

Center's FRC's), Pathways to Safety P2S), and Family and Children's Services FCS).

A. Emergency Voucher Program

COUNTY shall, in collaboration with CONTRACTOR, authorize work performed as

determined by funding opportunities, timelines, work requirements, and project needs.

CONTRACTOR shall develop and distribute service related vouchers to families

assessed to be within the 200% of poverty definition as defined by CDSS and meet

eligibility requirements for documentation. Attachment E)

CONTRACTOR is required to provide a 20% non-federal match to the total program

cost reported to the County. Total program cost shall not exceed $100,300.

ACTION Council TANF-ECF) FCS/Bach

Exhibit A

Page 1 of 2

 

 

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AS-U012

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4/5TH-U012

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AGREEMENT NO. A-11795 - ACTIO�{

Exhibit A

TANF regulation 45 CFR260.31 b) 1) directs that these benefits meet the following

three 3) criteria:

1. designed to deal with a specific crisis situation or episode of need

2. not intended to meet recurrent or ongoing needs, and

3. will not extend beyond four months.

Services aimed at resolving a specific crisis or episode of need shall include but are not

limited to:

 School Voucher per family)

 Food Voucher

 Utility Voucher

 Housing Relocation

 Moving Assistance

 Security Deposits and Move-in Costs

 Short-term rental assistance

 Emergency shelter

 Assistance to Prevent Eviction

 Emergency food such as bag of groceries

 One-time expenditures intended to remove a barrier to work

Ill. PAYMENT PROVISIONS

COUNTY shall pay CONTRACTOR in accordance with Section 6, PAYMENT

CONDITIONS, and Section I of Exhibit B, of this agreement. Claims for Exhibit A shall

be submitted in the form set forth in Exhibit C by the 10th of the month for services

rendered in the previous month. Additional documentation of sub-contractor expenses

are required to accompany Exhibit C. Back up documentation shall be provided to

justify expenditures and shall be itemized monthly. Records shall be maintained in

accordance to state guidelines.

The maximum amount to be paid by COUNTY to CONTRACTOR for the TANF

Emergency Voucher Program shall not exceed eighty thousand two hundred forty

dollars $80,240, 80% of the total costs reported with the remaining 20% reported to

meet the required 20% match by CONTRACTOR from non-federally funded sources.

ACTION Council TANF-ECF) FCS/Bach

Exhibit A

Page 2 of 2

 

 

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AGREEMENT NO. A-11795 - ACTIO�{
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 C.

1.02 Allowable Costs: Allowable costs shall be the CONTRACTOR's actual costs of

developing, supervising and delivering the services under this Agreement, as set forth

in the budget, attached hereto as Exhibit C. Only the costs listed in Exhibit C as

contract expenses may be claimed as allowable costs. Any dispute over whether costs

are allowable shall be resolved in accordance with the provisions of 45 Code of Federal

Regulations, Part 74, Sub-Part F and 48 Code of Federal Regulations CFR), Chapter 1,

Part 31.

1.03 Cost Control: CONTRACTOR shall not exceed by more than twenty 20)

percent any contract expense line item amount in the budget without the approval of

COUNTY, given by and through the Contract Administrator or Contract

Administrator's designee. CONTRACTOR shall submit an amended budget with its

request for such approval. Such approval shall not permit CONTRACTOR to receive

more than the maximum total amount payable under this contract. Therefore, an

increase in one line item will require corresponding decreases in other line items.

1.04 Payment in Full:

a) If COUNTY certifies and pays the amount requested by CONTRACTOR, such

payment shall be deemed payment in full for the month in question and may not

thereafter be reviewed or modified, except to permit COUNTY's recovery of

overpayments.

b) If COUNTY certifies and pays a lesser amount than the amount requested,

COUNTY shall, immediately upon certification of the lesser amount, notify

CONTRACTOR in writing of such certification. If CONTRACTOR does not protest

the lesser amount by delivering to COUNTY a written notice of protest within twenty

20) days after CONTRACTOR's receipt of the certification, then payment of the lesser

amount shall be deemed payment in full for the month in question and may not

thereafter be questioned by CONTRACTOR.

1.05 Disputed payment amount: If COUNTY pays a lesser amount than the amount

requested, and if CONTRACTOR submits a written notice of protest to COUNTY

within twenty 20) days after CONTRACTOR's receipt of the certification, then the

Exhibit B, Additional Provisions

Page 1 of 10

 

 

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4/5TH-U012

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REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{

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

 

 

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7/13/2010-U011

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COUNTY-U012

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SHORT-U012

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ELIGIBLE-U012

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DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%)-U012

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ORIGINAL-U012

CONTRACT-U012

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DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK;-U012

C.-U012

AUTHORIZE-U012

AUDITOR-CONTROLLER-U012

S-U012

OFFICE-U012

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AMEND-U012

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OF-U012

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&-U012

EMPLOYMENT-U012

SERVICES-U012

FISCAL-U012

YEAR-U012

2010-11-U012

ADOPTED-U012

BUDGET-U012

001-SOC005-8262-U012

TO-U012

INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{

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

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A-11795-U02

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EMPLOYMENT-U012

SERVICES-U012

FISCAL-U012

YEAR-U012

2010-11-U012

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BUDGET-U012

001-SOC005-8262-U012

TO-U012

INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{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-11795-U02

U02

ACTION-U02

COUNCIL-U02

OF-U02

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COUNTY-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

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AN-U07

511-DSS-U08

OLDS-U09

ANNA-U09

OLDSAM-U10

7/13/2010-U011

AGREEMENT-U012

ACTION-U012

COUNCIL-U012

OF-U012

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COUNTY-U012

$80,240-U012

TO-U012

PROVIDE-U012

SHORT-U012

TERM-U012

NON-RECURRING-U012

SERVICES-U012

TO-U012

TANF-U012

TEMPORARY-U012

ASSISTANCE-U012

TO-U012

NEEDY-U012

FAMILIES)-U012

ELIGIBLE-U012

FAMILIES-U012

PERIOD-U012

JULY-U012

1,-U012

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DESIGNEE,-U012

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UP-U012

TO-U012

THREE-U012

3)-U012

AMENDMENTS-U012

TO-U012

AGREEMENT,-U012

TOTAL-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%)-U012

OF-U012

ORIGINAL-U012

CONTRACT-U012

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DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

SCOPE-U012

OF-U012

WORK;-U012

C.-U012

AUTHORIZE-U012

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YEAR-U012

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TO-U012

INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{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-11795-U02

U02

ACTION-U02

COUNCIL-U02

OF-U02

MONTEREY-U02

COUNTY-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

AI93259-U03

DO93905-U03

C5-U03

AGREEMENTS-U03

7/28/2010-U04

RIVASR-U04

15311-U05

3-U06

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OF-U07

DEPARTMENT-U07

OF-U07

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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

ACTION-U012

COUNCIL-U012

OF-U012

MONTEREY-U012

COUNTY-U012

$80,240-U012

TO-U012

PROVIDE-U012

SHORT-U012

TERM-U012

NON-RECURRING-U012

SERVICES-U012

TO-U012

TANF-U012

TEMPORARY-U012

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TO-U012

NEEDY-U012

FAMILIES)-U012

ELIGIBLE-U012

FAMILIES-U012

PERIOD-U012

JULY-U012

1,-U012

2010-U012

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TO-U012

AGREEMENT,-U012

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DO-U012

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C.-U012

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S-U012

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OF-U012

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SERVICES-U012

FISCAL-U012

YEAR-U012

2010-11-U012

ADOPTED-U012

BUDGET-U012

001-SOC005-8262-U012

TO-U012

INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{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

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SERVICES-U012

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2010-11-U012

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001-SOC005-8262-U012

TO-U012

INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

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REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT B

 California Government Code Sees. 11135  11139.5, as amended Title 2,

Div. 3, Part 1, Chap. 1, Art. 9.5) and any applicable administrative rules and

regulations issued under these sections; including Title 22 California Code of

Regulations 98000-98413.

 Federal Civil Rights Acts of 1964 and 1991 see especially Title VI, 42 USC

Secs. 2000d et seq.), as amended, and all administrative rules and regulations

issued thereunder see especially 45 CFR Part 80);

 The Rehabilitation Act of 1973, Secs. 503 and 504 29 USC Sec. 793 and

794), as amended; all requirements imposed by the applicable HHS

regulations 45 CFR Parts 80, 84 and 91); and all guidelines and

interpretations issued pursuant thereto;

 7 Code of Federal Regulations CFR), Part 15 and 28 CFR Part 42;

 Title II of the Americans with Disabilities Act of 1990 P.L. 101-336), 42

U.S.C. Secs. 12101 et seq. and 47 U.S.C. Secs. 225 and 611, and any federal

regulations issued pursuant thereto see 24 CFR Chapter 1; 28 CFR Parts 35

and 36; 29 CFR Parts 1602, 1627, and 1630; and 36 CFR Part 1191);

 Unruh Civil Rights Act, Calif. Civil Code Sec. 51 et seq., as amended;

 Monterey COUNTY Code, Chap. 2.80.;

 Age Discrimination in Employment Act 1975, as amended ADEA), 29

U.S.C. Secs 621 et seq.;

 Equal Pay Act of 1963, 29 U.S.C. Sec. 206(d);

 California Equal Pay Act, Labor Code Sec. 1197.5.

 California Government Code Section 4450;

 The Dymally-Alatorre Bilingual Services Act; Calif. Government Code

Sec. 7290 et seq.

 The Food Stamp Act of 1977, as amended and in particular Section 272.6.

 California Code of Regulations, Title 24, Section 3105A(e)

 Removal of Barriers to Inter-Ethnic Adoption Act of 1996, Section 1808

Exhibit B, Additional Provisions

Page 7 of 10

 

 

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40388-U01

AGREEMENT-U02

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APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{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 Larry Imwalle as its Contract Administrator for this Agreement. All matters

concerning this Agreement which are within the responsibility of CONTRACTOR shall

be under the direction of, or shall be submitted to, the CONTRACTOR's Contract

Administrator. CONTRACTOR may, in its sole discretion, change its designation of

the Contract Administrator, and shall promptly give written notice to COUNTY of any

such change.

6.02 Contract Administrator  COUNTY: COUNTY hereby designates the

Director of the Monterey County Department of Social and Employment Services as its

Exhibit B, Additional Provisions

Page 8 of 10

 

 

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AGREEMENT-U02

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INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT B

Contract Administrator for this Agreement. All matters concerning this Agreement

which are within the responsibility of COUNTY shall be under the direction of, or shall

be submitted to, the Director or such other COUNTY employee in the Department of

Social and Employment Services as the Director may appoint. COUNTY may, in its

sole discretion, change its designation of the Contract Administrator, and shall

promptly give written notice to CONTRACTOR of any such change.

VII. CONTRACT DEPENDENT ON GOVERNMENT FUNDING

COUNTY's payments to CONTRACTOR under this Agreement are funded by the

State and Federal governments. If funds from State and Federal sources are not

obtained and continued at a level sufficient to allow for COUNTY's purchase of the

indicated quantity of services, then COUNTY may give written notice of this fact to

CONTRACTOR, and the obligations of the parties under this Agreement shall

terminate immediately, or on such date thereafter, as COUNTY may specify in its

notice, unless in the meanwhile the parties enter into a written Amendment modifying

this Agreement.

VIII. LOBBYING CERTIFICATION

The Contractor, by signing this Agreement, hereby certifies, to the best of his/her

knowledge and belief, that, on behalf of him/herself, employees, and/or agents:

1. No federally appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or

employee of any agency, a Member of Congress, an officer or employee of Congress,

or an employee of a Member of Congress in connection with the awarding of any

federal contract, the making of any federal grant, the making of any federal loan, the

entering into of any cooperative agreement, and the extension, continuation, renewal,

amendment, or modification of any federal contract, grant, loan, or cooperative

agreement.

2. If any funds other than federally appropriated funds have been paid or will be paid

to any person for influencing or attempting to influence an officer or employee of any

federal agency, a Member of Congress, an officer or employee of Congress or an

employee of a Member of Congress in connection with this federal contract, grant, loan

or cooperative agreement, the undersigned shall complete and submit Standard Form-

LLL, Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The Contractor shall require that the language of this certification be included in the

award documents for all subcontracts at all tiers including sub-grants, and contracts

under grants, loans, and cooperative agreements which exceed $100,000) and that all

sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed

when this transaction was made or entered into. This certification is a prerequisite for

making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty

of not less than $10,000 and not more than $100,000 for each such failure.

IX. APPEAL PROCESS

Exhibit B, Additional Provisions

Page 9 of 10

 

 

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AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT B

In the event of a dispute or grievance regarding the terms and conditions of this

Agreement, both parties shall abide by the following procedures:

A. CONTRACTOR shall first discuss the problem informally with the designated DSES

Contact/Program Analyst. If the problem is not resolved, CONTRACTOR must, within

fifteen 15) working days of the failed attempt to resolve the dispute with DSES

Contact/Program Analyst, submit a written complaint, together with any evidence, to the

DSES Division Deputy Director. The complaint must include a description of the

disputed issues, the legal authority/basis for each issue which supports CONTRACTOR's

position, and the remedy sought. The Division Deputy Director shall, within fifteen 15)

working days after receipt of CONTRACTOR's written complaint, make a determination

on the dispute, and issue a written decision and reasons therefore. All written

communication shall be pursuant to Section 14. NOTICES of this Agreement. Should

CONTRACTOR disagree with the decision of the Division Deputy Director,

CONTRACTOR may appeal the decision to the Director of the Department of Social &

Employment Services.

B. CONTRACTOR's appeal of the Division Deputy Director's decision must be

submitted to the Department Director within ten 10) working days from the date of the

decision; be in writing, state the reasons why the decision is unacceptable, and include

the original complaint, the decision that is the subject of appeal, and all supporting

documents. Within twenty 20) working days from the date of CONTRACTOR'S appeal,

the Department Director, or his/her designee, shall meet with CONTRACTOR to review

the issues raised on appeal. The Department Director shall issue a final written decision

within fifteen 15) working days of such meeting.

C. CONTRACTOR may appeal the final decision of the Department Director in

accordance with the procedures set forth in Division 25.1 commencing with Section

38050) of the Health and Safety Code and the regulations adopted thereunder. Title 1,

Subchapter 2.5 commencing with Section 251, or Subchapter 3 commencing with Section

300, whichever is applicable, of the California Code of Regulations).

D. CONTRACTOR shall continue to carry out the obligations under this Agreement

during any dispute.

E. Costs incurred by CONTRACTOR for administrative/court review are not

reimbursable by COUNTY.

Exhibit B, Additional Provisions

Page 10 of 10

 

 

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TO-U012

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AS-U012

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AGREEMENT NO. A-11795 - ACTIO�{Page 1

ACTION Council of Monterey County

Emergency Voucher Program

Contract Claim / Verification of Match Reported

July 1, 2010-September 30, 2010

BUDGET & INVOICE

FOR THE MONTH OF:

 Budget

 

Category Program

Budget Contract

Budget

20% Match

  

Non-Recurring Costs $90,000 $72,000 $18,000

  

Equipment Rental $1,500 $1,200 $300

Supplies / QA $2,500 $2,000 $500

  

Admin/Overhead  not to exceed 10% $6,300 $5,040 $1,260

  

OTAL PROGRAM COST 100,300 $80,240 20,060

EXH C Budget-Invoice

IN VOICE AMOUN T

 

Total Program

Costs on y

Contract

Costs

 

20% Match

 

YTD Contract

 

YTD Match

   

   

   

   

   

   

   

   

$0.00  $0.00 0.00 0.00

Verification of sufficient match reported/claimed on the monthly invoice:

I hereby certify that this report is correct and complete to the best of my knowledge and that the costs are eligible pursuant to the terms of the contract.

Authorized County Representative

ACTION Council

TANF-ECF Invoice

Exhibit C D

Print Name / Title

Date

Date

FCS/Bach

July 1, 2010-September 30, 2011

 

 

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EMPLOYMENT-U012

SERVICES-U012

FISCAL-U012

YEAR-U012

2010-11-U012

ADOPTED-U012

BUDGET-U012

001-SOC005-8262-U012

TO-U012

INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT D

County of Monterey: TANF Emergency Contingency Fund ECF) Project

ELIGIBILITY DETERMINATION FORM

Referring Agency & Program Section 1)

Referring Agency & Program:

Agency:

Program:

Customer Information  To Be Completed By Applicant Section 2

Type of Referral:

 Subsidized Employment

 Non-Recurrent Short Term Benefits NRSTB)

PARENT / PARTICIPANT INFORMATION Cell Telephone No.:

Name: Home Telephone No.:

Address: Work Telephone No.:

Age: Date of Birth: Gender: Last 4 digits of SSN: Primary Language:

Do you have income?  Yes  No If yes, Source(s) of Income:

Your Monthly Gross Income Amount before taxes/deductions  verification required): $

Are you a U.S. citizen or legal resident with the right to work in the U.S.?  Yes  No

Household and Income Information  To Be Completed By Applicant Section3)

Below, please provide information on all persons living with you, including yourself. Please continue on a separate

sheet for additional household members,

Name: Relation to Applicant verification required

 Age: Date of Birth: Last 4 digits of SSN:

 Does this person have income?  Yes  No Gender:

 If yes, Source(s) of Income: Language

 Monthly Gross Income Amount verification required):

Name: Relation to Applicant verification required)

 Age: Date of Birth: Last 4 di its of SSN:

 Does this person have income?  Yes  No Gender:

 If yes, Source(s) of Income: Language

 Monthly Gross Income Amount verification required):

Name: Relation to Applicant verification required)

 Age: Date of Birth: Last 4 digits of SSN:

 Does this person have income?  Yes  No Gender:

 If yes, Source(s) of Income: Language

 Monthly Gross Income Amount verification required):

Are you receiving or have received within

the last 12 months: check all that apply)  CaIWORKs  Food Stamps

$0 Share of Cost) Medi-Cal

Are you or your spouse a non-custodial parent of child

receiving CaIWORKs or Medi-Cal in another household?

 No

 Yes Name of Child:

Family Size: Family's Total Monthly Gross Income: $

You must submit proof of income and verify the child(ren) in your home. It is recommended that you submit

verification of income, child existence, and relationship to applicant with this application or you will be asked to

provide it later. Examples of acceptable verification documents are listed on the next page.

CERTIFICATION

I declare under penalty of perjury under the laws of the United States of America and the State of California that the

information on this application is true, correct, and complete. I also understand that I must provide verification of

income.

Applicant's Signature

MTRYCTY_TANF_ECF_2009_Application 2009Oct26 2)

Date

Page 1 of 2

 

 

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TO-U012

INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{ EXAMPLES OF ACCEPTABLE VERIFICATION DOCUMENTATION

 Income Types  Verification of Child Existence &

   Relationship to Applicant

 Salary/Pay Check Stubs  Original official birth certificate

 Unemployment Insurance Benefit check Stubs  Certified computer-generated abstract of birth record

 Workers Compensation  Certified photocopy of birth record

 State Disability Indemnity Check Stubs  Original adoption decree

 Social Security Award Letters  School records

 Supplemental Security Income/State  Immunization records

 Supplementary Payment SSI/SSP)  Original court order that shows identify if child is or has

 Veterans or Railroad Retirement Income  been in foster care

 Child/spousal Support Check Payments  Child's insurance policy that identifies child and parent

 Tax refunds  Hospital/physician/licensed midwife's birth record that

 Insurance or legal settlements  contains identifying information about the child/parents.

 Rental income and rental assistance  Bureau of Indian Affairs I.D. card

 Interest or Dividends Payments  Federal/state census records

 Strike Benefits Payment Stubs  Original Indian agency records

   Original U.S. passport

Income: 200% FPL Poverty Guideline Chart

 Family Size Monthly Income Level

Total gross monthly income 1 $1,805

cannot exceed 200% of the 2 $2,429

Federal Poverty Level FPL) 3 $3,052

 4 $3,675

 5 $4,299

 6 $4,922

 7 $5,545

 8 $6,169

 For Each Additional Person Add $624

EXAMPLES OF U.S. CITIZENSHIP OR LEGAL RESIDENT/RIGHT TO WORK IN U.S.

U.S. Citizenship Birth Certificate, U.S. Passport, Citizen I.D. Card

Legal Resident / Right to Work in U.S. Unexpired Legal Permanent Resident Card LPR) 1-551

Unexpired Employment Authorization Card 1-668, 1-766, 1-689

Eligibility Determination  To Be Completed By ECF Liaison Agency Section 4)

Is the parent/family eligible to ECF?

ECF Eligibility Certified By:

Print Name AND Initial)

Authorizing Person:

Print Name AND Initial)

 Yes  No, Reason:

Contact No. Date

Date

MTRYCTY_TANF_ECF_2009_Application 20090ct26 2) Page 2 of 2

 

 

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AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT E

CHILD ABUSE & NEGLECT REPORTING

CERTIFICATION

ACTION Council of Monterey County

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.

 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.

 

 

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AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT F

ELDER & DEPENDENT ADULT

ABUSE & NEGLECT REPORTING

CERTIFICATION

ACTION Council of Monterey County

HEREBY acknowledges that this contract for services will bring CONTRACTOR in

contact with elders or dependent adults, and that CONTRACTOR has received from

COUNTY a copy of Welfare & Institutions Code Section 15659 as required by the Elder

Abuse and Dependent Adult Civil Protection Act Welfare & Institutions Code Sections

15600, et seq). CONTRACTOR 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 abuse or neglect be made by a mandated reporter when, in his or her

professional capacity, or within the scope of his or her employment, he/she observes or

has knowledge of an incident that reasonably appears to be physical abuse, abandonment,

isolation, financial abuse, or neglect.

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.

Elder/Adult Abuse Reporting

During Regular Business hours 831) 755-3403

After hours  Call 911

 

 

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AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT G

BUSINESS ASSOCIATE AGREEMENT

This Agreement is made effective the 1 st of July, 2010, by and between County of Monterey,

hereinafter referred to as Covered Entity", and ACTION Council of Monterey County, 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: Development and

distribution of emergency vouchers, 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.

1. 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

 

 

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DO-U012

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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

C.-U012

AUTHORIZE-U012

AUDITOR-CONTROLLER-U012

S-U012

OFFICE-U012

TO-U012

AMEND-U012

DEPARTMENT-U012

OF-U012

SOCIAL-U012

&-U012

EMPLOYMENT-U012

SERVICES-U012

FISCAL-U012

YEAR-U012

2010-11-U012

ADOPTED-U012

BUDGET-U012

001-SOC005-8262-U012

TO-U012

INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT G

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-11795-U02

U02

ACTION-U02

COUNCIL-U02

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MONTEREY-U02

COUNTY-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

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7/28/2010-U04

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YEAR-U012

2010-11-U012

ADOPTED-U012

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001-SOC005-8262-U012

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INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT G

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.

III. 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-11795-U02

U02

ACTION-U02

COUNCIL-U02

OF-U02

MONTEREY-U02

COUNTY-U02

LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89584-U03

AI93259-U03

DO93905-U03

C5-U03

AGREEMENTS-U03

7/28/2010-U04

RIVASR-U04

15311-U05

3-U06

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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

ACTION-U012

COUNCIL-U012

OF-U012

MONTEREY-U012

COUNTY-U012

$80,240-U012

TO-U012

PROVIDE-U012

SHORT-U012

TERM-U012

NON-RECURRING-U012

SERVICES-U012

TO-U012

TANF-U012

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ELIGIBLE-U012

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PERIOD-U012

JULY-U012

1,-U012

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AMENDMENTS-U012

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EXCEED-U012

TEN-U012

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OF-U012

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&-U012

EMPLOYMENT-U012

SERVICES-U012

FISCAL-U012

YEAR-U012

2010-11-U012

ADOPTED-U012

BUDGET-U012

001-SOC005-8262-U012

TO-U012

INCREASE-U012

APPROPRIATIONS-U012

ESTIMATED-U012

REVENUES-U012

OF-U012

$80,240-U012

AS-U012

INDICATED-U012

IN-U012

BOARD-U012

ORDER-U012

4/5TH-U012

VOTE-U012

REQUIRED)-U012

 

 

AGREEMENT NO. A-11795 - ACTIO�{EXHIBIT G

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

County of Monterey ACTION C

By: X By:

Title: Title: y r X31"1 h, J-,Q Cli'

 

Date: Date: 2S v

Page 4 of 4

 

 

BIB]

 

40388-U01

AGREEMENT-U02

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A-11795-U02

U02

ACTION-U02

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