COMPLETED BOARD ORDER AND AGR��$�36
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No. A-12002
a. Approve and authorize the Director of the Department of
Social & Employment Services, or his designee, to sign an
agreement with Hartnell College for $362,305 to provide
training and recruitment services to eligible caregivers and
Monterey County local agency employees for the period
July 1, 2011 through June 30, 2012, including non-
standard Mutual Indemnification Exhibit H); 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 amendments
do not exceed 10% of the original contract amount, and do
not significantly change the scope of work
Upon motion of Supervisor Salinas, seconded by Supervisor Armenta, and carried by those
members present, the Board hereby;
a. Approved and authorized the Director of the Department of Social & Employment
Services, or his designee, to sign an agreement with Hartnell College for $362,305 to
provide training and recruitment services to eligible caregivers and Monterey County
local agency employees for the period July 1, 2011 through June 30, 2012, including
non-standard Mutual Indemnification Exhibit H); and
b. Authorized the Director of the Department of Social & Employment Services, or his
designee, to sign up to three 3) amendments to this agreement where the amendments
do not exceed 10% of the original contract amount, and do not significantly change the
scope of work.
PASSED AND ADOPTED on this 14th day of June, 2011, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby certify
that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in the minutes
thereof of Minute Book 75 for the meeting on June 14, 2011.
Dated: June 17, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
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COMPLETED BOARD ORDER AND AGR��$�COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL SERVES
MORE THAN $100,000)*
This Professional Services Agreement Agreement") is made by and between the County of Mon
political subdivision of the State of California hereinafter County") and:
Hartnell College
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 training for current and prospective foster, relative and non-related family member caregivers,
adoptive parents, local agency employees, and foster youth who are participants in the Independent Living
Program through Hartnell College's Foster and Kinship Care Education Title IVE Program
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 $ 362,305.00
3. TERM OF AGREEMENT. The term of this Agreement is from July 1, 2011 to
June 30, 2012 unless sooner terminated pursuant to the terms of this Agreement. This
Agreement is of no force or effect until signed by both CONTRACTOR and County and with County signing
last, and CONTRACTOR may not commence work before County signs this Agreement.
4. ADDITIONAL PROVISIONS/EXHIBITS. The following attached exhibits are incorporated herein by
reference and constitute a part of this Agreement:
Exhibit A Scope of Services/Payment Provisions
Exhibit B DSES Additional Provisions Exhibit F HIPAA Business Associate Agreement
Exhibit C Budget Exhibit G Lobbying Certification
Exhibit D Invoice & Report of Expenditures Exhibit H Indemnification Modification
Exhibit E Child Abuse Reporting & Certification
5. PERFORMANCE STANDARDS.
5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees, and
subcontractors performing services under this Agreement are specially trained, experienced, competent, and
appropriately licensed to perform the work and deliver the services required under this Agreement and are not
employees of the County, or immediate family of an employee of the County.
5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and
skillful manner and in compliance with all applicable laws and regulations. All work performed under this
Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in
accordance with such licensing requirements.
*Approved by County Board of Supervisors on
PSA over $100,000, Revised 10/09/08 1 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
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COMPLETED BOARD ORDER AND AGR��$�5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary
to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR
shall not use County premises, property including equipment, instruments, or supplies) or personnel for any
purpose other than in the performance of its obligations under this Agreement.
6. PAYMENT CONDITIONS.
6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form acceptable to
County. If not otherwise specified, the CONTRACTOR may submit such invoice periodically or at the
completion of services, but in any event, not later than 30 days after completion of services. The invoice shall
set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for
the amounts claimed, and such other information pertinent to the invoice as the County may require. The
Contract Administrator or his or her designee shall certify the invoice; either in the requested amount or in such
other amount as the County approves in conformity with this Agreement, and shall promptly submit such
invoice to the County Auditor-Controller for payment. The County Auditor-Controller shall pay the amount
certified within 30 days of receiving the certified invoice.
6.02. CONTRACTOR shall not receive reimbursement for travel expenses unless set forth in this
Agreement.
7. TERMINATION.
7.01. During the term of this Agreement, the County may terminate the Agreement for any reason by
giving written notice of termination to the CONTRACTOR at least thirty 30) days prior to the effective date of
termination. Such notice shall set forth the effective date of termination. In the event of such termination, the
amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of
termination.
7.02. The County may cancel and terminate this Agreement for good cause effective immediately upon
written notice to CONTRACTOR. Good cause" includes the failure of CONTRACTOR to perform the
required services at the time and in the manner provided under this Agreement. If County terminates this
Agreement for good cause, the County may be relieved of the payment of any consideration to
CONTRACTOR, and the County may proceed with the work in any manner, which County deems proper. The
cost to the County shall be deducted from any sum due the CONTRACTOR under this Agreement.
8. INDEMNIFICATION. 4~T4I~l;tall-edgr,-de~d,_and~nld_lzarmless rnmty its
e�ft~se sue- d- 3zees,- exr~-aiid_against_ an}~anr1_aZLr~ainlS,_li> ilitl~ losses whatsoever
e-_
r~anrt c___ sts.d1g1~gttorne
1� i g damag &4 p Gl ll~lgS xp-DY Path of RPrcnnc s'fes
ot orrestttlting-to- end-a ar~e1 &,-~s-s u s r_suppi w.Drk, servines,_
materials, 6~ fr-13-6A1 91~- J t.~'~nrmanrv this R ent, and from w_y ud jaim
l}ti~s,- lasses eccurxi g~r_resi>Ir' toan_y_persfu-1n,_o1: u lio for damage. injury, or death
CLrisi Wjtj rt 4 T 4R'-s-p f~f xhis A gr ePanent,_ unlesssu b 1a
r~egiiaence T$A TOR's
pcif6rmance"=it3elttdes-4_2 T R-A-C-gR as ie~re isas#iem-arm- ti p-a actian_of S~DNTBACT~' S
a��1ee9- el; agei~t~ See Exhibit H
PSA over $100,000, Revised 10/09/08 2 of 9 Project ID: Hartnell College / 7/1/11-6,'30/12
$362,305 / FCS / Wojnar
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COMPLETED BOARD ORDER AND AGR��$�9.0 INSURANCE.
9.01 Evidence of Coverage:
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance" certifying that coverage as required herein has been obtained. Individual endorsements
executed by the insurance carrier shall accompany the certificate. In addition the Contractor upon
request shall provide a certified copy of the policy or policies.
This verification of coverage shall be sent to the County's, Contracts/Purchasing Department,
unless otherwise directed. The Contractor shall not receive a Notice to Proceed" with the work
under this Agreement until it has obtained all insurance required and such, insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the liability
of the Contractor.
9.02 Qualifying Insurers:
All coverage's, except surety, shall be issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A- VII, according to the current
Best's Key Rating Guide or a company of equal financial stability that is approved by the
County's Purchasing Manager.
9.03 Insurance Coverage Requirements:
Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall maintain in effect
throughout the term of this Agreement a policy or policies of insurance with the following
minimum limits of liability:
Commercial general liability insurance, including but not limited to premises and operations,
including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability,
Broadform Property Damage, Independent Contractors, Products and Completed Operations, with
a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per
occurrence.
Exemption/Modification Justification attached; subject to approval).
Business automobile liability insurance, covering all motor vehicles, including owned, leased,
non-owned, and hired vehicles, used in providing services under this Agreement, with a combined
single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.
Exemption/Modification Justification attached; subject to approval).
Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of this
Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability
limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each
disease.
Exemption/Modification Justification attached; subject to approval).
PSA over $100,000, Revised 10/09/08 3 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
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COMPLETED BOARD ORDER AND AGR��$�Professional liability insurance, if required for the professional services being provided, e.g.,
those persons authorized by a license to engage in a business or profession regulated by the
California Business and Professions Code), in the amount of not less than $1,000,000 per claim
and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in
the course of rendering professional services. If professional liability insurance is written on a
claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the
expiration or earlier termination of this Agreement, obtain extended reporting coverage tail
coverage") with the same liability limits. Any such tail coverage shall continue for at least three
years following the expiration or earlier termination of this Agreement.
Exemption/Modification Justification attached; subject to approval).
9.04 Other Insurance Requirements.
All insurance required by this Agreement shall be with a company acceptable to the County and
issued and executed by an admitted insurer authorized to transact Insurance business in the State
of California. Unless otherwise specified by this Agreement, all such insurance shall be written on
an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the
coverage required herein shall continue in effect for a period of three years following the date
CONTRACTOR completes its performance of services under this Agreement.
Each liability policy shall provide that the County shall be given notice in writing at least thirty
days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non-
renewal thereof. Each policy shall provide coverage for Contractor and additional insureds with
respect to claims arising from each subcontractor, if any, performing work under this Agreement,
or be accompanied by a certificate of insurance from each subcontractor showing each
subcontractor has identical insurance coverage to the above requirements.
Commercial general liability and automobile liability policies shall provide an endorsement
naming the County of Monterey, its officers, agents, and employees as Additional Insureds with
respect to liability arising out of the CONTRACTOR'S work, including ongoing and completed
operations, and shall further provide that such insurance is primary insurance to any insurance or
self-insurance maintained by the County and that the insurance of the Additional Insureds shall
not be called upon to contribute to a loss covered by the CONTRACTOR'S insurance. The
required endorsement form for Commercial General Liability Additional Insured is ISO Form CG
20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 2000). The required
endorsement form. for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99.
Prior to the execution of this Agreement by the County, CONTRACTOR shall file certificates of
insurance with the County's contract administrator and County's Contracts/Purchasing Division,
showing that the CONTRACTOR has in effect the insurance required by this Agreement. The
CONTRACTOR shall file a new or amended certificate of insurance within five calendar days
after any change is made in any insurance policy, which would alter the information on the
certificate then on file. Acceptance or approval of insurance shall in no way modify or change the
indemnification clause in this Agreement, which shall continue in full force and effect.
PSA over $100,000, Revised 10/09/08 4 of 9 Project ID: Hartnell College / 7/1/11-6'30/12
$362,305 / FCS / Wojnar
BIB]
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COMPLETED BOARD ORDER AND AGR��$�I
CONTRACTOR shall at all times during the term of this Agreement maintain in force the
insurance coverage required under this Agreement and shall send, without demand by County,
annual certificates to County's Contract Administrator and County's Contracts/Purchasing
Division. If the certificate is not received by the expiration date, County shall notify
CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,
evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such
insurance is a default of this Agreement, which entitles County, at its sole discretion, to terminate
this Agreement immediately.
10. RECORDS AND CONFIDENTIALITY.
10.01 Confidentiality. CONTRACTOR and its officers, employees, agents, and subcontractors shall
comply with any and all federal, state, and local laws, which provide for the confidentiality of
records and other information. CONTRACTOR shall not disclose any confidential records or other
confidential information received from the County or prepared in connection with the performance
of this Agreement, unless County specifically permits CONTRACTOR to disclose such records or
information. CONTRACTOR shall promptly transmit to County any and all requests for
disclosure of any such confidential records or information. CONTRACTOR shall not use any
confidential information gained by CONTRACTOR in the performance of this Agreement except
for the sole purpose of carrying out CONTRACTOR's obligations under this Agreement.
10.02 County Records. When this Agreement expires or terminates, CONTRACTOR shall return to
County any County records which CONTRACTOR used or received from County to perform
services under this Agreement.
10.03 Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports and
records that may be required by federal, state, and County rules and regulations related to services
performed under this Agreement. CONTRACTOR shall maintain such records for a period of at
least three years after receipt of final payment under this Agreement. If any litigation, claim,
negotiation, audit exception, or other action relating to this Agreement is pending at the end of the
three year period, then CONTRACTOR shall retain said records until such action is resolved.
10.04 Access to and Audit of Records. The County shall have the right to examine, monitor and audit
all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors
related to services provided under this Agreement. Pursuant to Government Code section 8546.7,
if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this
Agreement may be subject, at the request of the County or as part of any audit of the County, to
the examination and audit of the State Auditor pertaining to matters connected with the
performance of this Agreement for a period of three years after final payment under the
Agreement.
10.05 Royalties and Inventions. County shall have a royalty-free, exclusive and irrevocable license to
reproduce, publish, and use, and authorize others to do so, all original computer programs,
writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature
produced in the course of or under this Agreement. CONTRACTOR shall not publish any such
material without the prior written approval of County.
PSA over $100,000, Revised 10/09/08 5 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
BIB]
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COMPLETED-U02
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FO96184-U03
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AS99892-U03
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HARTNELL-U012
COLLEGE-U012
$362,305-U012
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TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
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THE-U012
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JULY-U012
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THROUGH-U012
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NON-STANDARD-U012
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COMPLETED BOARD ORDER AND AGR��$�11. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR, and its
subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color,
sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age
over 40), or sexual orientation, either in CONTRACTOR's employment practices or in the furnishing of
services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and
applicants for employment and all persons receiving and requesting services are free of such discrimination.
CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all
federal, state, and local laws and regulations, which prohibit discrimination. The provision of services
primarily or exclusively to such target population as may be designated in this Agreement shall not be
deemed to be prohibited discrimination.
12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or
will be funded with monies received by the County pursuant to a contract with the state or federal
government in which the County is the grantee, CONTRACTOR will comply with all the provisions of said
contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract, and said
provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, County
will deliver a copy of said contract to CONTRACTOR, at no cost to CONTRACTOR.
13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this
Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as
an employee of the County. No offer or obligation of permanent employment with the County or particular
County department or agency is intended in any manner, and CONTRACTOR shall not become entitled by
virtue of this Agreement to receive from County any form of employee benefits including but not limited to
sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits.
CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including
federal and state income taxes and social security, arising out of CONTRACTOR's performance of this
Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold County harmless
from any and all liability, which County may incur because of CONTRACTOR's failure to pay such taxes.
14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage
pre-paid mail to the County and CONTRACTOR'S contract administrators at the addresses listed below:
FOR COUNTY:
Glenn J. Wojnar, Management Analyst III
Name and Title
FOR CONTRACTOR:
Margie Wiebusch, Lead Program Coordinator
Name and Title
713 La Guardia Street, Suite B
Salinas, California 93905
Address
831-755-3480
411 Central Avenue
Salinas, California 93901
Address
831-755-6923
Phone Phone
PSA over 5100, 000, Revised 10/09/08
6 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
S362,305 / FCS / Wojnar
BIB]
40718-U01
COMPLETED-U02
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FO96183-U03
FO96184-U03
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MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
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6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
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511-DSS-U08
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ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
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THE-U012
PERIOD-U012
JULY-U012
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NON-STANDARD-U012
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COMPLETED BOARD ORDER AND AGR��$�15. MISCELLANEOUS PROVISIONS.
15.01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to
acquire any interest during the term of this Agreement, which would directly or indirectly conflict in
any manner or to any degree with the full and complete performance of the professional services
required to be rendered under this Agreement.
15.02 Amendment. This Agreement may be amended or modified only by an instrument in writing signed
by the County and the CONTRACTOR.
15.03 Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed
by the County and the CONTRACTOR. A waiver of any of the terms and conditions of this
Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.
15.04 Contractor. The term CONTRACTOR" as used in this Agreement includes CONTRACTOR's
officers, agents, and employees acting on CONTRACTOR's behalf in the performance of this
Agreement.
15.05 Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute.
15.06 Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its
interest or obligations in this Agreement without the prior written consent of the County. None of the
services covered by this Agreement shall be subcontracted without the prior written approval of the
County. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the
performance of all requirements of this Agreement.
15.07 Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the
County and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be
binding upon and inure to the benefit of the parties and their respective successors, permitted
assigns, and heirs.
15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and
local laws and regulations in performing this Agreement.
15.09 Headings. The headings are for convenience only and shall not be used to interpret the terms of this
Agreement.
15.10 Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.
15.11 Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of
California.
15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR
expressly reserve the right to contract with other entities for the same or similar services.
PSA over $100,000. Revised 10/09/08 7 of 9 Project ID: Hartsell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
BIB]
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COMPLETED-U02
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HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
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6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
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APPROVE-U07
AUTHORIZE-U07
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EMPLOYMENT-U07
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HIS-U07
DESIGNEE,-U07
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SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
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TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
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THE-U012
PERIOD-U012
JULY-U012
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THROUGH-U012
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INCLUDING-U012
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COMPLETED BOARD ORDER AND AGR�� $�15.13 Construction of Agreement. The County and CONTRACTOR agree that each party has fully
participated in the review and revision of this Agreement and that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendment to this Agreement.
15.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same Agreement.
15.15 Authority. Any individual executing this Agreement on behalf of the County or the
CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter
into this Agreement on behalf of such party and bind the party to the terms and conditions of this
Agreement.
15.16 Integration. This Agreement, including the exhibits, represent the entire Agreement between the
County and the CONTRACTOR with respect to the subject matter of this Agreement and shall
supersede all prior negotiations, representations, or agreements, either written or oral, between the
County and the CONTRACTOR as of the effective date of this Agreement, which is the date that the
County signs the Agreement.
15.17 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the
provisions of this Agreement and the Provisions of any exhibit or other attachment to this
Agreement, the provisions of this Agreement shall prevail and control.
This space left blank intentionally
PSA over $100,000, Revised 10/09/08 8 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
S362,305 / FCS / Wojnar
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
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6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
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APPROVE-U07
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5/20/2011-U011
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HARTNELL-U012
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$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
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ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
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AGENCY-U012
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COMPLETED BOARD ORDER AND AGR��
$�I
IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and
year written below.
COUNTY OF MONTEREY
By:
Date:
By:
Date:
By:
Date:
Purchasing Officer
Department Head if applicable)
Board of Supervisors if applicable)
Approved as to Form'
By:
County Counsel
Date: o %k
Approved as to Fiscal Pr#i4ons
By:
Aiidito
Date:
Approved as to Liability Provisions3
By:
Risk Manage
Date:
Bv:
CONTRACTOR
Hartnell College
Contractor's Business Name*
Signature of Chair, President, or
Vice-President)* 3Uf 1
x 4Phoc%
Date:
By:
ame and Title
Signature of Secretary, Asst. Secretary, CFO,
Treasurer or Ass reasurer)*
Date:
County Board of Supervisors' Agreement Number:
*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full
legal name of the corporation shall be set forth above together with the signatures of two specified officers. If
CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of a
partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an
individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement.
Approval by County Counsel is required
Approval by Auditor-Controller is required
3Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9
ment
PSA over $100, 000, Revised 10/09/08 9 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
BIB]
40718-U01
COMPLETED-U02
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HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
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DIRECTOR-U07
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EMPLOYMENT-U07
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DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
PERIOD-U012
JULY-U012
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JUNE-U012
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COMPLETED BOARD ORDER AND AGR��
$�EXHIBIT A
MONTEREY COUNTY DEPARTMENT OF SOCIAL & EMPLOYMENT SERVICES
Family and Children's Services Branch
and
HARTNELL COLLEGE
Foster and Kinship Care Education Title IVE
Training and Recruitment Program
07/01/2011 06/30/2012
SCOPE OF SERVICES / PAYMENT PROVISIONS
1. CONTACT INFORMATION
A. Primary Contacts
Robert Taniguchi, Director of Child Welfare Kent Stephens,
Department of Social and Employment Services Hartnell College
1000 S. Main Street, Suite 209 Associate Vice President of Support Operations
Salinas, CA 93901 411 Central Avenue
Tel: 831-755-4470 Salinas CA 93901
Fax: 831-755-8477 Tel: 831-755-6914
taniuchirkr~uco.montere>
ca.us Fax: 831-755-6751
kstephens@hartnell.edu
Glenn J. Wojnar Margie Wiebusch, Lead Program Coordinator
Training Manager, Management Analyst III Hartnell College
Monterey County Department of Social and 411 Central Avenue,
Employment Services Salinas
CA 93901
Human Resources/Staff Development
Tel: 831-755-6923
713 LaGuardia Street, Suite B Fax: 831-759-6041
Salinas, CA 93905
mwiebusc@hartnell.edu
Tel: 831-755-3480
Fax: 831-783-7031
woinargi(a),co.montereN.ca.us
B. Planning Team:
Robert Taniguchi, Director of Child Welfare
Department of Social and Employment Services
1000 S. Main Street, Suite 209
Salinas, CA 93901
Tel: 831-755-4470
Fax: 831-755-8477
tan icuCh irki'a~co.monterev.ca.us
Kent Stephens,
Associate Vice President of Support Operations
Hartnell College
411 Central Avenue
Salinas CA 93901
Tel: 831-755-6914
Fax: 831-755-6751
kstephensna�,hartnell. edu
Department of Social and Employment Services
Exhibit A, Scope of Services/Payment Provisions
Hartnell Training and Recruitment Program
07/01/2011- 06/30/2012
1 of 7
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COMPLETED BOARD ORDER AND AGR��
$�EXHIBIT A
Glenn J. Wojnar
Training Manager, Management Analyst III
Monterey County Department of Social and
Employment Services
Human Resources/Staff Development
713 LaGuardia Street, Suite B
Salinas, CA 93905
Tel: 831-755-3480
Fax: 831-783-7031
Margie Wiebusch, Lead Program Coordinator
Hartnell College
411 Central Avenue
Salinas, CA 93901
Tel: 831-755-6923
Fax: 831-759-6041
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H. PURPOSE
The purpose of this agreement is to provide: 1) training for current and prospective foster, relative
and non-related extended family member caregivers, adoptive parents, foster youth who are
participants in the Independent Living Program and their caregivers, and local agency employees
hereinafter resource parents," youth," and staff"; and 2) support for foster home recruitment
activities, through Hartnell College's Foster and Kinship Care Education Title IVE Program.
M. PROGRAM REPONSIBILITIES:
A. CONTRACTOR shall provide the following trainings, foster home recruitment and other
activities hereinafter series") through funding provided via this contract:
1. Title IV-E Training
a. Family Strengths Core Trainings These trainings will include monthly orientations for
service providers, Wraparound teams, and to support families involved in services.
b. Family Strengths Advanced Trainings These trainings will include topics such as
Family Needs statements, Strengths, leadership and facilitation skills for appropriate
Youth and adults and to include other trainings as identified by the Monterey County
Wraparound Leadership Team and approved by the COUNTY.
c. Family-to-Family Training Workshops Each session provides a maximum of eight 8)
hours of training and instructional activities for local agency staff and resource parents.
Each topic will be presented a maximum of two 2) times per year at three 3) hours
each. Training topics shall include, but not be limited to:
1) Grief and Loss
2) Behavioral Issues
3) Attachment
4) SPARK Spanish)
S) ADHD
6) New Laws for Caregivers
7) Community Resources
Department of Social and Employment Services Hartnell Training and Recruitment Program
Exhibit A. Scope of Services/Payment Provisions 07/01/2011- 06!30/2012
2 of 7
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COMPLETED BOARD ORDER AND AGR��
$�EXHIBIT A_
8) Cultural Competencies Each session will provide up to eight 8) hours of
training regarding safe and nondiscriminatory care, placement, and services for
foster and adoptive children. Topics will include, but will not be limited to,
LGBTQ training.
9) Coffee Connection Each session will provide one hour of caregiver training as
determined by COUNTY, up to nine 9) times per year.
e. Relative and Non-Related Extended Family Member NREF11M) Orientations
CONTRACTOR will provide two 2-hour) sessions; one in English and one in
Spanish, per month, for Monterey County caregivers.
f. Specialized Care Each session provides twelve 12) hours of training regarding the
specialized care needed by medically-fragile infants, children and/or foster youth or
Focusing on Teen Issues. Up to seven 7) series per year will be offered; five 5)
concerning ages 0-12 and two 2) concerning youth 13 years and older.
g. Advanced Topics Training on advance topics relative to the care of foster youth.
1) SB500 Training for Whole Family Foster Homes and Shared Responsibility Plan
For approved caregivers of Monterey County pregnant or parenting teens. Training
will be offered two times per year consisting of six three-hour sessions and will
include topics required by SB500.
h. First Aid/CPR CONTRACTOR will provide six 6) sessions of up to nine 9) hours
of First Aid/CPR Training.
i. Caregiver Picnic CONTRACTOR will provide family training and support once a
year at the annual Caregiver Picnic. Activities and training topics will be by mutual
agreement between CONTRACTOR and COUNTY.
j. Independent Living Skills Program
1) Supporting Independent Living Skills Each session will provide up to three 3)
hours of resource family training in nurturing and supporting independent living
skills for youth in the Independent Living Program. Topics may include, but are
not limited to:
Interpersonal and Social Skills
Cooking Workshops
Communication Workshops
Financial Independence Workshops
ILP Graduation and Motivational Training
2) Core Trainings
Twenty 20) Sessions of Core training to foster youth, caregivers, staff, and
community partners who support foster youth with Independent Living and the
issues confronting adolescents preparing for Independent Living, consistent with
Section 477 b)(3)(D) of the ACT and the Child Welfare Policy Manuel, Section
3, 1H, Q/A #1.
Department of Social and Employment Services
Exhibit A, Scope of Services/Payment Provisions
Hartnell Training and Recruitment Program
07/01/2011- 06/30/2012
3 of 7
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COMPLETED BOARD ORDER AND AGR��$�EXHIBIT A
3) Outreach Trainings
Up to ten 10) outreach trainings for community partners who support foster
youth to assist in developing their skills in working with the ILP foster youth
population.
4) Advanced Trainings
Up to four advanced training events, as the budget allows, which may include but
are not limited to, Cooking, Etiquette, College Entrance, and Graduation
Ceremony. Determination of trainings will be done by the ILP Planning
Committee consisting of DSES staff which will include the Supervisor of the
Permanency and Planning Unit, the Coordinator for Transitional Youth Services,
Social Worker Permanency Planning Unit and Hartnell Contract Manager and
from Hartnell College, the College Lead Program Coordinator and a current or
emancipated foster youth. The Planning Committee will set the budget for each
advanced training and work together to coordinate the events.
5) Train the Trainers
One session of three 3) hours per fiscal year: For foster youth caregivers, DSES
staff and representatives of community based organizations that support and work
with foster youth-to train on communication skills required to work with foster
youth and their families.
6) Independent/Job City
One training event which will be coordinated by the ILP Planning Committee to
support foster youth with a focus on employment and Independent Living Skills.
7) Youth Mentors
Emancipated youth will support foster youth to prepare for emancipation
conferences and support the ILP program.
2. Title IV-E Foster Home Recruitment:
a. Childcare for Trainings CONTRACTOR will provide childcare for trainings as
needed and with approval of COUNTY including, but not limited to, Foster and Kinship
Care and Education FKCE) Trainings. CONTRACTOR will provide up to 900 hours
per year of childcare. Child care will be limited to 10 children per training, unless
CONTRACTOR and COUNTY agree otherwise, and CONTRACTOR will provide
services using the same standard as Community Care Licensing regulations.
Participants who reserve a childcare slot for trainings and fail to show up will jeopardize
any future child care opportunities under this CONTRACT.
b. Peer Recruiters Specially trained resource parents participate in pre-authorized foster
care recruitment activities throughout the county.
3. Other Activities:
a. Train the Trainers provides updated and accurate information about Department of
Social and Employment Services' regulations, policies and procedures to all trainers.
Department of Social and Employment Services Hartnell Training and Recruitment Program
Exhibit A, Scope of Services/Payment Provisions 07/01/2011- 06/30/2012
4 of 7
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COMPLETED BOARD ORDER AND AGR��$�EXHIBIT A.
B. COUNTY and CONTRACTOR shall mutually develop specific session topics and schedules
for each fiscal year through the Planning Team. Dates and times will be coordinated to avoid
scheduling conflicts and accommodate organizational workload issues. The needs of the target
population shall be taken into account when developing the schedules.
C. CONTRACTOR shall be responsible for providing all aspects of the program set forth in this
scope of services, which includes, but is not limited to: marketing; curriculum and materials
development; recruitment, selection, supervision, payment, and evaluation of trainers;
certification of local trainees; provision of continuing education units by the Board of Behavioral
Sciences; enrollment; attendance and evaluation record-keeping; translation services;
arrangements for facilities; child care; snacks; and quality control.
D. CONTRACTOR shall be expected to provide sessions in Spanish for those sessions specified by
the Planning Team. The actual number of sessions will be based upon need, and may be as high
as one-half of the total sessions. Handouts for these sessions will also be made available in
Spanish.
E. Sessions will be conducted at Hartnell College, the Department of Social and Employment
Services facilities, or other locations determined amenable to the target population and agreed
upon by the Planning Team.
F. CONTRACTOR shall provide all curriculum and session materials to the Planning Team.
Curriculum will include a course summary, outline, and any class handouts/materials. Regularly
offered sessions may require a greater level of curriculum development as determined by the
Planning Team.
G. CONTRACTOR shall provide copies of all attendance rosters to the COUNTY for record-
keeping purposes, and will work with the Planning Team to design and implement the new
recordkeeping software, which will provide demographics and other data needed by the
COUNTY for its reports and audits.
H. CONTRACTOR reserves the right to cancel any session at which it is anticipated there will be
four or fewer participants. The primary contact for the COUNTY shall be notified in advance of
the cancellation and every effort will be made to notify potential attendees.
1. It is intended that the CONTRACTOR provide child care when a session is being provided for
potential and existing resource parents. The CONTRACTOR may subcontract for age-
appropriate child care services from a local licensed provider, or may choose to provide such
services in-house. However, if the CONTRACTOR chooses to provide the child care services
in-house, the following shall apply:
1. Live Scan fingerprinting shall be required for all children's activities workers.
2. The COUNTY shall provide the fingerprinting services for this population using the
CONTRACTOR's Human Resource Request. for Live Scan Service form.
3. The CONTRACTOR shall not be responsible for the COUNTY costs of conducting the
fingerprinting, but shall be responsible for any Department of Justice
investigation/processing charges, and shall provide the appropriate Billing Code to the
COUNTY for this purpose.
Department of Social and Employment Services
Exhibit A, Scope of Services/Payment Provisions
Hartnell Training and Recruitment Program
07/01/2011- 06/30/2012
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IV. FISCAL PROVISIONS:
A. COUNTY shall pay CONTRACTOR according to the terms set forth in Section 6 of this
Agreement, PAYMENT CONDITIONS. The contractor shall submit a quarterly invoice to the
County no later than the tenth 10`s) day following the end of the quarter during which costs were
incurred. The invoice shall be submitted in the format presented in Exhibit D and shall contain
the original signature of the person authorized to submit claims for payment. Any required
documentation, as noted on the invoice form, shall be submitted with the invoice.
B. Limitations on Certain Kinds of Payments:
1. Peer Recruiters and Information Meeting Trainers: the pay rate shall not exceed $22.00 per
hour.
2. Children's activities workers: reimbursement rate for children's activities workers for
sessions shall not exceed $17.00 per hour per worker. CONTRACTOR will provide at least
one worker for each six children, as well as snacks and supplies. Children's activities
workers will have a current certification in First Aid and Infant/Child CPR and will have
been cleared through the Department of Justice Child Abuse Index. They also will have
knowledge of age appropriate activities for children and youth. CONTRACTOR will
maintain activities documentation to include name, date, and age of children attending. If
supervision of children's activities is requested for a session and no children arrive for the
session, CONTRACTOR will be reimbursed for one and one-half hours of time in order to
compensate the children's activities worker.
3. ILP Youth Mentor: The pay rate shall not exceed $13.00 per hour.
4. ILP Independent/Career City: the event rate will not exceed $5,000.00 unless there is
authorization from the COUNTY.
5. CONTRACTOR may not increase established rates for the above workers without written
consent of the COUNTY.
C. The budget for this contract, as presented in Exhibit C has been developed assuming the
CONTRACTOR will hold the maximum number of sessions allowed by the scope of services.
More or less frequent sessions may be authorized by the primary contacts and/or the Planning
Team, provided the changes remain within the fiscal constraints of the original budget.
D. Unless otherwise approved by the COUNTY, all sessions offered through this contract shall be
made available to members of the target population at no cost. This restriction does not apply to
any additional charge required to certify continuing education credits for individual participants.
CONTRACTOR may allow other individuals to attend the sessions, upon pre-approval of the
COUNTY and contingent upon available funding and space.
E. No employee of the COUNTY shall be hired by the CONTRACTOR through funds provided
by the COUNTY.
F. The total amount payable by COUNTY to CONTRACTOR for the period July 1, 2011
through June 30, 2012 is $362,305. Payment is contingent upon COUNTY'S receipt of
State funds.
The CONTRACTOR agrees to provide twenty-five percent 25%) of the total Title IV-E
training costs through an in-house match, and the COUNTY agrees to reimburse
Department of Social and Employment Services Hartnell Training and Recruitment Program
Exhibit A, Scope of Services/Payment Provisions 07/01/2011- 06/30/2012
6 of 7
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HARTNELL-U012
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$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
PERIOD-U012
JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
DIRECTOR-U012
OF-U012
THE-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR��$�EXHIBIT A
CONTRACTOR for the remaining costs, up to a maximum of $362,305 for the period July
1, 2011 through June 30, 2012. The program budget listed in Exhibit C summarizes the
costs contained within the Invoice and Report of Expenditures, set forth in Exhibit D.
V. MEETINGS/COMMUNICATION:
A. All questions and requests regarding this contract shall be directed to the attention of the primary
contacts, or his/her designee(s).
B. The primary contact for the COUNTY shall convene a quarterly meeting of the Planning Team.
The purpose of these meetings shall be to discuss and make decisions regarding content,
curriculum, dates, locations, and number of sessions, including how many will be offered in
Spanish, and coordination with other offerings, such as FKCE and DSES in-house sessions. The
Planning Team does not have the authority to authorize changes requiring a contract amendment,
but may prepare recommendations for consideration by the primary contacts for the contract.
The regular meeting schedule for the fiscal year shall be set at the first meeting.
C. Contract issues shall be handled by the primary contacts for the contract. The primary contacts
do not have the authority to authorize changes requiring a contract amendment, but may prepare
amendments to the contract for consideration and approval by the COUNTY's and
CONTRACTOR'S respective Boards.
Department of Social and Employment Services
Exhibit A. Scope of Services/Payment Provisions
Hartnell Training and Recruitment Program
07/01/2011- 06/30/2012
7 of 7
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
PERIOD-U012
JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
DIRECTOR-U012
OF-U012
THE-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR��$�EXHIBIT B
MONTEREY COUNTY
DEPARTMENT OF SOCIAL & EMPLOYMENT SERVICES
ADDITIONAL PROVISIONS
1. PAYMENT BY COUNTY:
1.01 Monthly claims by CONTRACTOR: Not later than the tenth 10th) day of each
month, CONTRACTOR shall submit to COUNTY a signed invoice, setting forth the
amount claimed. The invoice shall be submitted in the form set forth in Exhibit D.
1.02 Allowable Costs: Allowable costs shall be the CONTRACTOR's actual costs of
developing, supervising and delivering the services under this Agreement, as set forth
in the budget, attached hereto as Exhibit C. Only the costs listed in Exhibit C as
contract expenses may be claimed as allowable costs. Any dispute over whether costs
are allowable shall be resolved in accordance with the provisions of 45 Code of Federal
Regulations, Part 74, Sub-Part F and 48 Code of Federal Regulations CFR), Chapter 1,
Part 31.
1.03 Cost Control: CONTRACTOR shall not exceed by more than twenty 20)
percent any contract expense line item amount in the budget without the written
approval of COUNTY, given by and through the Contract Administrator or Contract
Administrator's designee. CONTRACTOR shall submit an amended budget with its
request for such approval. Such approval shall not permit CONTRACTOR to receive
more than the maximum total amount payable under this contract. Therefore, an
increase in one line item will require corresponding decreases in other line items.
1.04 Payment in Full:
a) If COUNTY certifies and pays the amount requested by CONTRACTOR, such
payment shall be deemed payment in full for the month in question and may not
thereafter be reviewed or modified, except to permit COUNTY's recovery of
overpayments.
b) If COUNTY certifies and pays a lesser amount than the amount requested,
COUNTY shall, immediately upon certification of the lesser amount, notify
CONTRACTOR in writing of such certification. If CONTRACTOR does not protest
the lesser amount by delivering to COUNTY a written notice of protest within twenty
20) days after CONTRACTOR's receipt of the certification, then payment of the lesser
amount shall be deemed payment in full for the month in question and may not
thereafter be questioned by CONTRACTOR.
1.05 Disputed payment amount: If COUNTY pays a lesser amount than the amount
requested, and if CONTRACTOR submits a written notice of protest to COUNTY
within twenty 20) days after CONTRACTOR's receipt of the certification, then the
Exhibit B. Additional Provisions
Page 1 of 10
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
PERIOD-U012
JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
DIRECTOR-U012
OF-U012
THE-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR��$�EXHIBIT B
parties shall promptly meet to review the dispute and resolve it on a mutually
acceptable basis. No court action may be taken on such dispute until the parties have
met and attempted to resolve the dispute in person.
II. PERFORMANCE STANDARDS & COMPLIANCE
2.01 Outcome objectives and performance standards: CONTRACTOR shall for the
entire term of this Agreement provide the service outcomes set forth in Exhibit A.
CONTRACTOR shall meet the contracted level of service and the specified
performance standards described in Exhibit A, unless prevented from doing so by
circumstances beyond CONTRACTOR's control, including but not limited to, natural
disasters, fire, theft, and shortages of necessary supplies or materials due to labor
disputes.
2.02 County monitoring of services: COUNTY shall monitor services provided under
this Agreement in order to evaluate the effectiveness and quality of services provided.
2.03 Notice of defective performance: COUNTY shall notify CONTRACTOR in
writing within thirty 30) days after discovering any defects in CONTRACTOR's
performance. CONTRACTOR shall promptly take action to correct the problem and to
prevent its recurrence. Such corrective action shall be completed and a written report
made to the COUNTY concerning such action not later than thirty 30) days after the
date of the COUNTY's written notice to CONTRACTOR.
2.04 Termination for cause: Notwithstanding Section 7.02 of the Agreement, if the
corrective actions required above are not completed and the report to the COUNTY not
made within thirty 30) days, the COUNTY may terminate this Agreement by giving
five 5) days' written notice to CONTRACTOR.
2.05 Remedies for Inadequate Service Levels:
a) For each month that service falls below 80% of the contracted level,
CONTRACTOR shall submit to the COUNTY an analysis of the causes of the
problem and any necessary actions to be taken to correct the problem. If the
problem continues for another month, the COUNTY shall meet with
CONTRACTOR to explore the problem and develop an appropriate written
corrective action plan with appropriate time frames.
b) If CONTRACTOR does not carry out the required corrective action within the
time frame specified, sanctions shall be applied in accordance with funding
source regulations.
c) Notwithstanding Section 7.02 of the Agreement, if, after the COUNTY
notifies CONTRACTOR of any sanctions to be imposed, CONTRACTOR
continues in its failure to take corrective action, then COUNTY may terminate
this contract by giving CONTRACTOR five 5) days' written notice.
Exhibit B, Additional Provisions
Page 2 of 10
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
PERIOD-U012
JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
DIRECTOR-U012
OF-U012
THE-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR��$�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]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
PERIOD-U012
JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
DIRECTOR-U012
OF-U012
THE-U012
DEPARTMENT-U012
OF-U012
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&-U012
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OR-U012
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DESIGNEE,-U012
TO-U012
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UP-U012
TO-U012
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AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
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DO-U012
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TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR��$�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.
Exhibit B, Additional Provisions
Page 4 of 10
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
PERIOD-U012
JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
DIRECTOR-U012
OF-U012
THE-U012
DEPARTMENT-U012
OF-U012
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&-U012
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SERVICES,-U012
OR-U012
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DESIGNEE,-U012
TO-U012
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UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
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DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR��$�EXHIBIT B
3.01.04 Payment for Audit
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
Exhibit B, Additional Provisions
Page 5 of 10
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
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FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
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16570-U05
2-U06
A.-U07
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THE-U07
DIRECTOR-U07
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ANNA-U09
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5/20/2011-U011
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$362,305-U012
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COMPLETED BOARD ORDER AND AGR��$�EXHIBIT B
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
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.
Y. 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
Exhibit B, Additional Provisions
Page 6 of 10
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
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ORDER-U03
6/24/2011-U04
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AN-U07
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ANNA-U09
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COMPLETED BOARD ORDER AND AGR��$�EXHIBIT B
Regulations Sees. 7285.0 etseq. Division 4 Fair Employment and Housing
Commission);
California Government Code Secs. 11135 11139.5, as amended Title 2,
Div. 3, Part 1, Chap. 1, Art. 9.5) and any applicable administrative rules and
regulations issued under these sections; including Title 22 California Code of
Regulations 98000-98413.
Federal Civil Rights Acts of 1964 and 1991 see especially Title VI, 42 USC
Sees. 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. Sees. 12101 et seq. and 47 U.S.C. Sees. 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. Sees 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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40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
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FO96184-U03
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MG99866-U03
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AS99894-U03
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TO-U012
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OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR��$�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 Margie Wiebusch 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.
Exhibit B, Additional Provisions
Page 8 of 10
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40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
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FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
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THE-U012
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TO-U012
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COMPLETED BOARD ORDER AND AGR��$�EXHIBIT B
6.02 Contract Administrator COUNTY: COUNTY hereby designates the
Director of the Monterey County Department of Social and Employment Services as its
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. APPEAL PROCESS
In the event of a dispute or grievance regarding the terms and conditions of this
Agreement, both parties shall abide by the following procedures:
A. CONTRACTOR shall first discuss the problem informally with the designated DSES
Contact/Program Analyst. If the problem is not resolved, CONTRACTOR must, within
fifteen 15) working days of the failed attempt to resolve the dispute with DSES
Contact/Program Analyst, submit a written complaint, together with any evidence, to the
DSES Division Deputy Director. The complaint must include a description of the
disputed issues, the legal authority/basis for each issue which supports CONTRACTOR's
position, and the remedy sought. The Division Deputy Director shall, within fifteen 15)
working days after receipt of CONTRACTOR's written complaint, make a determination
on the dispute, and issue a written decision and reasons therefore. All written
communication shall be pursuant to Section 14. NOTICES of this Agreement. Should
CONTRACTOR disagree with the decision of the Division Deputy Director,
CONTRACTOR may appeal the decision to the Director of the Department of Social &
Employment Services.
B. CONTRACTOR's appeal of the Division Deputy Director's decision must be
submitted to the Department Director within ten 10) working days from the date of the
decision; be in writing, state the reasons why the decision is unacceptable, and include
the original complaint, the decision that is the subject of appeal, and all supporting
documents. Within twenty 20) working days from the date of CONTRACTOR'S appeal,
the Department Director, or his/her designee, shall meet with CONTRACTOR to review
the issues raised on appeal. The Department Director shall issue a final written decision
within fifteen 15) working days of such meeting.
Exhibit B, Additional Provisions
Page 9 of 10
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COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
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MG99866-U03
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AS99894-U03
AI102280-U03
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ANNA-U09
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COMPLETED BOARD ORDER AND AGR��$�EDIT B
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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ORDER-U02
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TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR�� $�MONTEREY COUNTY DEPARTMENT OF SOCIAL EMPLOYMENT SERVICES
HARTNELL COLLEGE
Training and Recruitment Program
07/01/2011 06/30/2012
Exhibit C
Hartnell College
FY 11.12
CWS raining CwS
FY 201112012 Coord Asst FKCE Picnic FSTS FSAT F2FTW REUOR Sc AT FA&CPR ILP PR
Childcare
55,189
Classified 53,189 2,000 9
000 000
2 3
000 36
000 12
270 825
103
t
d 375
17 2,000 2,000 7,500 11,000 1,680
en
Classified Nonstu
18
000 000
5 1,536 1,404 2304 2,192 8,000 38,436
Classified Nonstudent childcare)
45,492
Budget Control Benefits) 45,492
681
98 37
375 7
000 2
000 500
7 12,536 3,084 11,304 4,192 3,000 44,000 12,270 242,942
Total Salaries & Benefits
Services and Supplies 089 640
1 400
2 600
1 180 8,029 1,500 4,750 500 9,947 500 32,135
Supplies 1, 1600 20
000 8
916 866
49
9,450 10,000
Personal Service Contracts 000
3 2500 1,746 9,511
Instructional Mileaa 265 2,000
Advanced Training
Kt!
300
750
1,500
44
1,000
3,550
Rents & Leases 480 450 300 180 450 1,860
Printing Inhouse 360 250 750 1,200 900 450 3,000 6,910
Printing Vendor 1,400 1000 450 2,850
Bulk Mail r s r 400
Software S
Total Services & Supplies 400
1,754
2,000
1,640
2,760
2,630
3
11,580
8
25,429
3,580
6,100
2,000
36,447
7
11,162
107,082
100,435 39 000 8640 4,760 12,
10,130 11,580 37,965 3,084 14,884 10,292 5,000 80,447 23,432 350,024
Administration 35% of TDC) 35,152 13,781 3,024 1,666 3,546 4,053 13,288 1,079 5,209 3,602 1,750 28,156 8,201 122,507
Total Training Costs 135,587 53,156 11,664 6,426 13,676 15,633 51,253 4,163 20,093 13,894 6,750 108,603 31,633 472,531
Less Hartnell In-kind Match 25%) 33,897 13,289 2,916 1,607 3,419 3,908 12,813 1,041 5,023 3,474 1,688 27,151 110,226
Net County Payment 101,690 39,867 8,748 4,819 10,257 11,725 38,440 3,122 15,070 10,420 5,062 81,452 31,633 362,305
Hartnell Training and Recruitment
Department of Social and Employment Services July 1, 2011 June 30, 2012
Exhibit C Budget
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
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6/24/2011-U04
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OLDS-U09
ANNA-U09
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5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
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ELIGIBLE-U012
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MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
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CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR�� $�MONTEREY COUNTY DEPARTMENT OF SOCIAL AND EMPLOYMENT SERVICES and HARTNELL COLLEGE
Training and Recruitment Program
7/1/11 6/30/12
INVOICE AND REPORT OF EXPENDITURES
Invoice for the quarter of
EXHIBIT D
Budget Item
Total Budget
Previous YTD
Expenditures
Current Quarter
Expenditures
Current YTD
Expenditures
Remaining Balance Additional
Documentation
Required
Salaries
Classified
Classified Non-Student
Classified Non-Student Childcare)
Trainers
Outreach
Benefits
TOTAL SALARIES AND BENEFITS
Services and Supplies
TOTAL DIRECT COSTS
Administration 35% of total direct costs
TOTAL PROGRAM COSTS
In-Kind Match 25% of total training costs
TOTAL REQUEST FOR REIMBURSEMENT
* Attach cost allocation sheet for all funding sources.
As the authorized representative for the CONTRACTOR, I hereby certify that this report is correct and complete to the best of my knowledge and that the costs have been
charged in compliance with Section 1.02 of Exhibit B and are eligible for reimbursement pursuant to the terms of the contract.
Person completing the form:
Title:
Phone:
Authorized Signature: Date:
Monterey County DSES Authorized Signature:
Department of Social and Employment Services
Exhibit D Report of Expenditures
Date:
Hartnell Training and Recruitment Program
7/1/11- 6/30/12
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
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A.-U07
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THE-U07
DIRECTOR-U07
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AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
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5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
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COMPLETED BOARD ORDER AND AGR�� $�Exhibit E
CHILD ABUSE & NEGLECT REPORTING
CERTIFICATION
Hartnell College
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.
BIB]
40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
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A.-U07
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5/20/2011-U011
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$362,305-U012
TO-U012
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RECRUITMENT-U012
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TO-U012
AGREEMENT,-U012
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WORK.-U012
COMPLETED BOARD ORDER AND AGR�� $�EXHIBIT F
BUSINESS ASSOCIATE AGREEMENT
This Agreement is made effective the 1St day of July, 2011, by and between MONTEREY
COUNTY, hereinafter referred to as Covered Entity", and Hartnell College, hereinafter referred to as
Business Associate", individually, a Party" and collectively, the Parties").
WITNESSETH:
WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, known as the Administrative Simplification provisions,"
direct the Department of Health and Human Services to develop standards to protect the security,
confidentiality and integrity of health information; and
WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health and
Human Services has issued regulations modifying 45 CFR Parts 160 and 164 the HIPAA Privacy
Rule"); and
WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby
Business Associate will provide certain services to Covered Entity, and, pursuant to such arrangement,
Business Associate may be considered a business associate" of Covered Entity as defined in the
HIPAA Privacy Rule the agreement evidencing such arrangement is entitled agreement to provide
foster and kinship care education, dated July 1, 2011, and is hereby referred to as the Arrangement
Agreement"); and
WHEREAS, Business Associate may have access to Protected Health Information as defined
below) in fulfilling its responsibilities under such arrangement;
THEREFORE, in consideration of the Parties' continuing obligations under the Arrangement
Agreement, compliance with the HIPAA Privacy Rule, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions of this
Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the interests
of both Parties.
DEFINITIONS
Except as otherwise defined herein, any and all capitalized terms in this Section shall have the
definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions
of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA
Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in
the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of
this Agreement shall control.
The term Protected Health Information" means individually identifiable health information including,
without limitation, all information, data, documentation, and materials, including without limitation,
demographic, medical and financial information, that relates to the past, present, or future physical or
mental health or condition of an individual; the provision of health care to an individual; or the past,
present, or future payment for the provision of health care to an individual; and that identifies the
individual or with respect to which there is a reasonable basis to believe the information can be used to
identify the individual.
Page 1 of 4
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40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
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TO-U07
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AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
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TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
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THE-U012
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COMPLETED BOARD ORDER AND AGR�� $�r
EXHIBIT F
Business Associate acknowledges and agrees that all Protected Health Information that is created or
received by Covered Entity and disclosed or made available in any form, including paper record, oral
communication, audio recording, and electronic display by Covered Entity or its operating units to
Business Associate or is created or received by Business Associate on Covered Entity's behalf shall be
subject to this Agreement.
II. CONFIDENTIALITY REQUIREMENTS
a) Business Associate agrees:
i) to use or disclose any Protected Health Information solely: 1) for meeting
its obligations as set forth in any agreements between the Parties evidencing their
business relationship or 2) as required by applicable law, rule or regulation, or by
accrediting or credentialing organization to whom Covered Entity is required to disclose
such information or as otherwise permitted under this Agreement, the Arrangement
Agreement if consistent with this Agreement and the HIPAA Privacy Rule), or the
HIPAA Privacy Rule, and 3) as would be permitted by the HIPAA Privacy Rule if such
use or disclosure were made by Covered Entity;
ii) at termination of this Agreement, the Arrangement Agreement or any
similar documentation of the business relationship of the Parties), or upon request of
Covered Entity, whichever occurs first, if feasible, Business Associate will return or
destroy all Protected Health Information received from or created or received by
Business Associate on behalf of Covered Entity that Business Associate still maintains in
any form and retain no copies of such information, or if such return or destruction is not
feasible, Business Associate will extend the protections of this Agreement to the
information and limit further uses and disclosures to those purposes that make the return
or destruction of the information not feasible; and
iii) to ensure that its agents, including a subcontractor, to whom it provides
Protected Health Information received from or created by Business Associate on behalf
of Covered Entity, agrees to the same restrictions and conditions that apply to Business
Associate with respect to such information. In addition, Business Associate agrees to
take reasonable steps to ensure that its employees' actions or omissions do not cause
Business Associate to breach the terms of this Agreement.
b) Notwithstanding the prohibitions set forth in this Agreement, Business Associate may
use and disclose Protected Health Information as follows:
i) if necessary, for the proper management and administration of Business
Associate or to carry out the legal responsibilities of Business Associate, provided that
as to any such disclosure, the following requirements are met:
A) the disclosure is required by law; or
B) Business Associate obtains reasonable assurances from the
person to whom the information is disclosed that it will be held confidentially and
used or further disclosed only as required by law or for the purpose for which it
was disclosed to the person, and the person notifies Business Associate of any
instances of which it is aware in which the confidentiality of the information has
been breached;
ii) for data aggregation services, if to be provided by Business Associate for
the health care operations of Covered Entity pursuant to any agreements between the
Parties evidencing their business relationship. For purposes of this Agreement, data
aggregation services means the combining of Protected Health Information by Business
Associate with the protected health information received by Business Associate in its
Page 2 of 4
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40718-U01
COMPLETED-U02
BOARD-U02
ORDER-U02
AGREEMENT-U02
HARTNELL-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO103422-U03
C15-U03
COMPLETED-U03
BOARD-U03
ORDER-U03
6/24/2011-U04
MARCELLAC-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
DEPARTMENT-U07
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&-U07
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TO-U07
SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
PERIOD-U012
JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
DIRECTOR-U012
OF-U012
THE-U012
DEPARTMENT-U012
OF-U012
SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
COMPLETED BOARD ORDER AND AGR��!$�EXHIBIT F
capacity as a business associate of another covered entity, to permit data analyses that
relate to the health care operations of the respective covered entities.
c) Business Associate will implement appropriate safeguards to prevent use or disclosure
of Protected Health Information other than as permitted in this Agreement. The Secretary of Health and
Human Services shall have the right to audit Business Associate's records and practices related to use
and disclosure of Protected Health Information to ensure Covered Entity's compliance with the terms of
the HIPAA Privacy Rule. Business Associate shall report to Covered Entity any use or disclosure of
Protected Health Information which is not in compliance with the terms of this Agreement of which it
becomes aware. In addition, Business Associate agrees to mitigate, to the extent practicable, any
harmful effect that is known to Business Associate of a use or disclosure of Protected Health
Information by Business Associate in violation of the requirements of this Agreement.
Ill. AVAILABILITY OF PHI
Business Associate agrees to make available Protected Health Information to the extent and in the
manner required by Section 164.524 of the HIPAA Privacy Rule. Business Associate agrees to make
Protected Health information available for amendment and incorporate any amendments to Protected
Health Information in accordance with the requirements of Section 164.526 of the HIPAA Privacy Rule.
In addition, Business Associate agrees to make Protected Health Information available for purposes of
accounting of disclosures, as required by Section 164.528 of the HIPAA Privacy Rule.
IV.
TERMINATION
Notwithstanding anything in this Agreement to the contrary, Covered Entity shall have the right to
terminate this Agreement and the Arrangement Agreement immediately if Covered Entity determines
that Business Associate has violated any material term of this Agreement. If Covered Entity reasonably
believes that Business Associate will violate a material term of this Agreement and, where practicable,
Covered Entity gives written notice to Business Associate of such belief within a reasonable time after
forming such belief, and Business Associate fails to provide adequate written assurances to Covered
Entity that it will not breach the cited term of this Agreement within a reasonable period of time given
the specific circumstances, but in any event, before the threatened breach is to occur, then Covered
Entity shall have the right to terminate this Agreement and the Arrangement Agreement immediately.
V. MISCELLANEOUS
Except as expressly stated herein or the HIPAA Privacy Rule, the parties to this Agreement do not
intend to create any rights in any third parties. The obligations of Business Associate under this Section
shall survive the expiration, termination, or cancellation of this Agreement, the Arrangement Agreement
and/or the business relationship of the parties, and shall continue to bind Business Associate, its
agents, employees, contractors, successors, and assigns as set forth herein.
This Agreement may be amended or modified only in a writing signed by the Parties. No Party may
assign its respective rights and obligations under this Agreement without the prior written consent of the
other Party. None of the provisions of this Agreement are intended to create, nor will they be deemed to
create any relationship between the Parties other than that of independent parties contracting with each
other solely for the purposes of effecting the provisions of this Agreement and any other agreements
between the Parties evidencing their business relationship. This Agreement will be governed by the
laws of the State of California. No change, waiver or discharge of any liability or obligation hereunder
Page 3 of 4
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COMPLETED BOARD ORDER AND AGR��"$�I
EXHIBIT F
on any one or more occasions shall be deemed, a waiver of performance of any continuing or other
obligation, or shall prohibit enforcement of any obligation, on any other occasion.
The parties agree that, in the event that any documentation of the arrangement pursuant to which
Business Associate provides services to Covered Entity contains provisions relating to the use or
disclosure of Protected Health Information which are more restrictive than the provisions of this
Agreement, the provisions of the more restrictive documentation will control. The provisions of this
Agreement are intended to establish the minimum requirements regarding Business Associate's use
and disclosure of Protected Health Information.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and
effect. In addition, in the event a party believes in good faith that any provision of this Agreement fails
to comply with the then-current requirements of the HIPAA Privacy Rule, such party shall notify the
other party in writing. For a period of up to thirty days, the parties shall address in good faith such
concern and amend the terms of this Agreement, if necessary to bring it into compliance. If, after such
thirty-day period, the Agreement fails to comply with the HIPAA Privacy Rule, then either party has the
right to terminate upon written notice to the other party.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year
written above.
COVERED ENTITY: BUSINESS ASSOCIATE:
MONTEREY COUNTY HARTNELL COLLEGE
By:
Title: Elliott Robinson, Director Title: V/eS CCJ GU('
Department of Social & Employment Services
11
Date: Date: It 12.1 1
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COMPLETED BOARD ORDER AND AGR��#$�EXHIBIT G
CERTIFICATION REGARDING LOBBYING
Hartnell College
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No federal 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 federal appropriated funds have been paid or will be
paid 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 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 undersigned shall require that the language of this certification be
included in the award document for sub-awards at all tiers including sub-
contracts, sub-grants, and contracts under grants, loans, and cooperative
agreements, 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. Submission of 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.
Agency/Organization
Title
Date
i /�y
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COMPLETED BOARD ORDER AND AGR��$$�EXHIBIT H
Modification of Section 8. Indemnification
Hartnell College Training Contract:
July 1, 2011 June 30, 2012
8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the
County, its officers, agents, and employees, from and against any and all claims, liabilities, and
losses whatsoever including damages to property and injuries to or death of persons, court costs,
and reasonable attorney' fees) occurring or resulting to any and all persons, firms or corporations
furnishing or supplying work, services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to
any person, firm, or corporation for damage, injury, or death arising out of or connected with the
CONTRACTOR's performance of this agreement, unless such claims, liabilities, or losses arise
out of the sole negligence or willful misconduct of the County. CONTRACTOR's
performance" includes CONTRACTOR's action or inaction and the action or inaction of
CONTRACTOR's officers, employees, agents and subcontractors.
Modification to Section 8. INDEMNIFICATION:
CONTRACTOR shall indemnify, defend, and hold harmless the County, its officers, agents, and
employees, from and against any and all claims, liabilities, and losses whatsoever including
damages to property and injuries to or death of persons, court costs, and reasonable attorneys'
fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying
work, services, materials, or supplies in connection with the performance of this Agreement, and
from any and all claims, liabilities, and losses occurring or resulting to any person, firm, or
corporation for damage, injury, or death arising out of or connected with the CONTRACTOR's
performance of this Agreement, unless such claims, liabilities, or losses arise out of the sole
negligence or willful misconduct of the County. CONTRACTOR's performance" includes
CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's officers,
employees, agents and subcontractors.
COUNTY shall indemnify, defend, and hold harmless the Contractor, its officers, agents, and
employees, from and against any and all claims, liabilities, and losses whatsoever including
damages to property and injuries to or death of persons, court costs, and reasonable attorneys'
fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying
work, services, materials, or supplies in connection with the performance of this Agreement, and
from any and all claims, liabilities, and losses occurring or resulting to any person, firm, or
corporation for damage, injury, or death arising out of or connected with the COUNTY's
performance of this Agreement, unless such claims, liabilities, or losses arise out of the sole
negligence or willful misconduct of the Contractor. COUNTY's performance" includes
COUNTY's action or inaction and the action or inaction of COUNTY's officers, employees,
agents and subcontractors.
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SIGNED BOARD REPORT"�|E���MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: June 7,'2011 CONSENT
AGENDA NO: ata
SUBJECT: a) Approve and authorize the Director of the Department of Social & Employment Services,
or his designee, to sign an agreement with Hartnell College for $362,305 to provide training and
recruitment services to eligible caregivers and Monterey County local agency employees for the period
July 1, 2011 through June 30, 2012, including non-standard Mutual Indemnification Exhibit H); and
b) Authorize the Director of the Department of Social & Employment Services, or his designee, to sign
up to three 3) amendments to this agreement, where the total amendments do not exceed 10% of the
original contract amount, and do not significantly change the scope of work.
DEPARTMENT: Social and 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 Hartnell College for $362,305 to provide training and recruitment
services to eligible caregivers and Monterey County local agency employees for the period July 1, 2011
through June 30, 2012, including non-standard Mutual Indemnification Exhibit H); 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.
SUMMARY/DISCUSSION:
The Department of Social and Employment Services DSES), Family and Children's Services FCS) Division,
is the local child welfare agency. DSES contracts with Hartnell College to provide 1) training for current and
prospective foster, relative and non-related extended family member caregivers, adoptive parents and local
agency employees; and 2) support for foster home recruitment activities.
Hartnell College requests that the County's standard unilateral indemnification be replaced with mutual
indemnity, based on each party's action or inaction under the agreement. It is the Department's position that
this modification to the County's standard provision is necessary due to limited alternative resources for these
services, the desire to preserve an ongoing positive relationship with the current provider, and the need for
uninterrupted service. The new agreement contains the modified contractual language, and is being brought
before your Board for approval.
OTHER AGENCY INVOLVEMENT:
County Counsel, the Auditor-Controller, and Purchasing have reviewed and approved this contract.
FINANCING:
The recommended action will allow the Department of Social & Employment Services to provide a total of
$362,305 in Title IV-E federal and state allocations for foster care training and recruitment activities. The
County's match 11 be provided by Hartnell College through in-kind services. Sufficient appropriations and
estimate r, venfes are it luded in the Proposed FY 2011-12 Budget.
2
Elliott Robinson, Director
Department of S cial & Employment Services
Date
repared by: Glenn Wojnar, MA III
Date
Attachment: Hartnell Contract, 2011/12
Copies on file with Clerk to the Board
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EXECUTED AGREEMENT"�|Eb�#�COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL SE'T`S
MORE THAN $100.000)*
This Professional Services Agreement Agreement") is made by and between the County of Mona
political subdivision of the State of California hereinafter County") and:
Hartnell College
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 training for current and prospective foster, relative and non-related family member caregivers,
adoptive parents, local agency employees, and foster youth who are participants in the Independent Living
Program through Hartnell College's Foster and Kinship Care Education Title IVE Program.
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 $ 362,305.00
3. TERM OF AGREEMENT. The term of this Agreement is from July 1, 2011 to
June 30, 2012 unless sooner terminated pursuant to the terms of this Agreement. This
Agreement is of no force or effect until signed by both CONTRACTOR and County and with County signing
last, and CONTRACTOR may not commence work before County signs this Agreement.
4. ADDITIONAL PROVISIONS/EXHIBITS. The following attached exhibits are incorporated herein by
reference and constitute a part of this Agreement:
Exhibit A Scope of Services/Payment Provisions
Exhibit B DSES Additional Provisions Exhibit F HIPAA Business Associate Agreement
Exhibit C Budget Exhibit G Lobbying Certification
Exhibit D Invoice & Report of Expenditures Exhibit H Indemnification Modification
Exhibit E Child Abuse Reporting & Certification
5. PERFORMANCE STANDARDS.
5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees, and
subcontractors performing services under this Agreement are specially trained, experienced, competent, and
appropriately licensed to perform the work and deliver the services required under this Agreement and are not
employees of the County, or immediate family of an employee of the County.
5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and
skillful manner and in compliance with all applicable laws and regulations. All work performed under this
Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in
accordance with such licensing requirements.
*Approved by County Board of Supervisors on
PSA over $100,000, Revised 10/09/08 1 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
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COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
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1,-U012
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THROUGH-U012
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30,-U012
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INCLUDING-U012
NON-STANDARD-U012
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INDEMNIFICATION;-U012
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AUTHORIZE-U012
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DIRECTOR-U012
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DEPARTMENT-U012
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SOCIAL-U012
&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
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DO-U012
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AMOUNT,-U012
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EXECUTED AGREEMENT"�|Eb�#�5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary
to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR
shall not use County premises, property including equipment, instruments, or supplies) or personnel for any
purpose other than in the performance of its obligations under this Agreement.
6. PAYMENT CONDITIONS.
6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form acceptable to
County. If not otherwise specified, the CONTRACTOR may submit such invoice periodically or at the
completion of services, but in any event, not later than 30 days after completion of services. The invoice shall
set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for
the amounts claimed, and such other information pertinent to the invoice as the County may require. The
Contract Administrator or his or her designee shall certify the invoice; either in the requested amount or in such
other amount as the County approves in conformity with this Agreement, and shall promptly submit such
invoice to the County Auditor-Controller for payment. The County Auditor-Controller shall pay the amount
certified within 30 days of receiving the certified invoice.
6.02. CONTRACTOR shall not receive reimbursement for travel expenses unless set forth in this
Agreement.
7. TERMINATION.
7.01. During the term of this Agreement, the County may terminate the Agreement for any reason by
giving written notice of termination to the CONTRACTOR at least thirty 30) days prior to the effective date of
termination. Such notice shall set forth the effective date of termination. In the event of such termination, the
amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of
termination.
7.02. The County may cancel and terminate this Agreement for good cause effective immediately upon
written notice to CONTRACTOR. Good cause" includes the failure of CONTRACTOR to perform the
required services at the time and in the manner provided under this Agreement. If County terminates this
Agreement for good cause, the County may be relieved of the payment of any consideration to
CONTRACTOR, and the County may proceed with the work in any manner, which County deems proper. The
cost to the County shall be deducted from any sum due the CONTRACTOR under this Agreement.
8. INDEMNIFICATION. CON & O shall-i 4cn n defend, id-ha S the C-01j"turdta
fficers, s,_aucl-eu loyees,-oand_against-auy- and all claims liahilities_ anti 1ncce&_Whatsne et
Ong Cages-to- e t a 1 ies o-e dea e�~ sex. c sosts3-a~ ease Vlhnl~e UereyS'-fees).
0~-6 ICS~l A- Aii~i- A er~Q SS~$~~~Drnnr~ t,~n.^fill 1?sh' Ar.C7 ying- LICE cP.t Vi
xate rials- i i> i tie-pea la~ce~�xl greementr aucl.fro~m and all cl ai mm,.
l l a Tosses-oc r g-a~-r~s"al* e-ap se e cor ation-$ t. au age,iJu~ cieath
a i g-~ttt- e~- esteem ifi a-C4N~ s f-this $ ee~ a t, unlesssuch claims,.
l~ie~t esses-wise eut of the-~elo- eglige se-ate w l l-~~ tl CANT C.~111~'_s_
r e a s~"-- sl{ es- i~- f41 s~cti i acti and_the_actian inactinn_-ofCTR.AC.TQR'c
e�fisa s,- 31e s a s-az subcon acto See Exhibit H
PSA over $100,000, Revised 10/09/08 2 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
BIB]
40953-U01
EXECUTED-U02
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FO96183-U03
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FO99828-U03
MG99866-U03
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COUNTY-U012
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3)-U012
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AGREEMENT,-U012
THE-U012
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EXECUTED AGREEMENT"�|Eb�#�9.0 INSURANCE.
9.01 Evidence of Coverage:
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance" certifying that coverage as required herein has been obtained. Individual endorsements
executed by the insurance carrier shall accompany the certificate. In addition the Contractor upon
request shall provide a certified copy of the policy or policies.
This verification of coverage shall be sent to the County's, Contracts/Purchasing Department,
unless otherwise directed. The Contractor shall not receive a Notice to Proceed" with the work
under this Agreement until it has obtained all insurance required and such, insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the liability
of the Contractor.
9.02 Qualifying Insurers:
All coverage's, except surety, shall be issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A- VII, according to the current
Best's Key Rating Guide or a company of equal financial stability that is approved by the
County's Purchasing Manager.
9.03 Insurance Coverage Requirements:
Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall maintain in effect
throughout the term of this Agreement a policy or policies of insurance with the following
minimum limits of liability:
Commercial general. liability insurance, including but not limited to premises and operations,
including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability,
Broadform Property Damage, Independent Contractors, Products and Completed Operations, with
a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per
occurrence.
Exemption/Modification Justification attached; subject to approval).
Business automobile liability insurance, covering all motor vehicles, including owned, leased,
non-owned, and hired vehicles, used in providing services under this Agreement, with a combined
single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.
Exemption/Modification Justification attached; subject to approval).
Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of this
Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability
limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each
disease.
Exemption/Modification Justification attached; subject to approval).
PSA over $100,000, Revised 10/09/08 3 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
BIB]
40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
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2/13/2012-U04
BOYDA-U04
16570-U05
2-U06
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&-U07
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AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
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MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
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2011-U012
THROUGH-U012
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30,-U012
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NON-STANDARD-U012
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&-U012
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THREE-U012
3)-U012
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TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
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10%)-U012
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EXECUTED AGREEMENT"�|Eb�#�Professional liability insurance, if required for the professional services being provided, e.g.,
those persons authorized by a license to engage in a business or profession regulated by the
California Business and Professions Code), in the amount of not less than $1,000,000 per claim
and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in
the course of rendering professional services. If professional liability insurance is written on a
claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the
expiration or earlier termination of this Agreement, obtain extended reporting coverage tail
coverage") with the same liability limits. Any such tail coverage shall continue for at least three
years following the expiration or earlier termination of this Agreement.
Exemption/Modification Justification attached; subject to approval).
9.04 Other Insurance Requirements.
All insurance required by this Agreement shall be with a company acceptable to the County and
issued and executed by an admitted insurer authorized to transact Insurance business in the State
of California. Unless otherwise specified by this Agreement, all such insurance shall be written on
an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the
coverage required herein shall continue in effect for a period of three years following the date
CONTRACTOR completes its performance of services under this Agreement.
Each liability policy shall provide that the County shall be given notice in writing at least thirty
days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non-
renewal thereof. Each policy shall provide coverage for Contractor and additional insureds with
respect to claims arising from each subcontractor, if any, performing work under this Agreement,
or be accompanied by a certificate of insurance from each subcontractor showing each
subcontractor has identical insurance coverage to the above requirements.
Commercial general liability and automobile liability policies shall provide an endorsement
naming the County of Monterey, its officers agents and employees as Additional Insureds with
respect to liability arising out of the CONTRACTOR'S work, including ongoing and completed
operations, and shall further provide that such insurance is primary insurance to any insurance or
self-insurance maintained by the County and that the insurance of the Additional Insureds shall
not be called upon to contribute to a loss covered by the CONTRACTOR'S insurance. The
required endorsement form for Commercial General Liability Additional Insured is ISO Form CG
20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 2000). The required
endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99.
Prior to the execution of this Agreement by the County, CONTRACTOR shall file certificates of
insurance with the County's contract administrator and County's Contracts/Purchasing Division,
showing that the CONTRACTOR has in effect the insurance required by this Agreement. The
CONTRACTOR shall file a new or amended certificate of insurance within five calendar days
after any change is made in any insurance policy, which would alter the information on the
certificate then on file. Acceptance or approval of insurance shall in no way modify or change the
indemnification clause in this Agreement, which shall continue in full force and effect.
PSA over $100,000, Revised 10/09/08 4 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
BIB]
40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
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2/13/2012-U04
BOYDA-U04
16570-U05
2-U06
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511-DSS-U08
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5/20/2011-U011
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HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
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SERVICES-U012
TO-U012
ELIGIBLE-U012
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COUNTY-U012
LOCAL-U012
AGENCY-U012
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THE-U012
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THROUGH-U012
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30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
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INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
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THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
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SIGNIFICANTLY-U012
CHANGE-U012
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EXECUTED AGREEMENT"�|Eb�#�CONTRACTOR shall at all times during the term of this Agreement maintain in force the
insurance coverage required under this Agreement and shall send, without demand by County,
annual certificates to County's Contract Administrator and County's Contracts/Purchasing
Division. If the certificate is not received by the expiration date, County shall notify
CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,
evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such
insurance is a default of this Agreement, which entitles County, at its sole discretion, to terminate
this Agreement immediately.
10. RECORDS AND CONFIDENTIALITY.
10.01 Confidentiality. CONTRACTOR and its officers, employees, agents, and subcontractors shall
comply with any and all federal, state, and local laws, which provide for the confidentiality of
records and other information. CONTRACTOR shall not disclose any confidential records or other
confidential information received from the County or prepared in connection with the performance
of this Agreement, unless County specifically permits CONTRACTOR to disclose such records or
information. CONTRACTOR shall promptly transmit to County any and all requests for
disclosure of any such confidential records or information. CONTRACTOR shall not use any
confidential information gained by CONTRACTOR in the performance of this Agreement except
for the sole purpose of carrying out CONTRACTOR's obligations under this Agreement.
10.02 County Records. When this Agreement expires or terminates, CONTRACTOR shall return to
County any County records which CONTRACTOR used or received from County to perform
services under this Agreement.
10.03 Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports and
records that may be required by federal, state, and County rules and regulations related to services
performed under this Agreement. CONTRACTOR shall maintain such records for a period of at
least three years after receipt of final payment under this Agreement. If any litigation, claim,
negotiation, audit exception, or other action relating to this Agreement is pending at the end of the
three year period, then CONTRACTOR shall retain said records until such action is resolved.
10.04 Access to and Audit of Records. The County shall have the right to examine, monitor and audit
all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors
related to services provided under this Agreement. Pursuant to Government Code section 8546.7,
if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this
Agreement may be subject, at the request of the County or as part of any audit of the County, to
the examination and audit of the State Auditor pertaining to matters connected with the
performance of this Agreement for a period of three years after final payment under the
Agreement.
10.05 Royalties and Inventions. County shall have a royalty-free, exclusive and irrevocable license to
reproduce, publish, and use, and authorize others to do so, all original computer programs,
writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature
produced in the course of or under this Agreement. CONTRACTOR shall not publish any such
material without the prior written approval of County.
PSA over $100,000, Revised 10/09/08 5 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
BIB]
40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
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SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
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TO-U012
ELIGIBLE-U012
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MONTEREY-U012
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JUNE-U012
30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
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SOCIAL-U012
&-U012
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HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
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SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
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EXECUTED AGREEMENT"�|Eb�#�11. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR, and its
subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color,
sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age
over 40), or sexual orientation, either in CONTRACTOR's employment practices or in the furnishing of
services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and
applicants for employment and all persons receiving and requesting services are free of such discrimination.
CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all
federal, state, and local laws and regulations, which prohibit discrimination. The provision of services
primarily or exclusively to such target population as may be designated in this Agreement shall not be
deemed to be prohibited discrimination.
12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or
will be funded with monies received by the County pursuant to a contract with the state or federal
government in which the County is the grantee, CONTRACTOR will comply with all the provisions of said
contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract, and said
provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, County
will deliver a copy of said contract to CONTRACTOR, at no cost to CONTRACTOR.
13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this
Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as
an employee of the County. No offer or obligation of permanent employment with the County or particular
County department or agency is intended in any manner, and CONTRACTOR shall not become entitled by
virtue of this Agreement to receive from County any form of employee benefits including but not limited to
sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits.
CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including
federal and state income taxes and social security, arising out of CONTRACTOR's performance of this
Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold County harmless
from any and all liability, which County may incur because of CONTRACTOR's failure to pay such taxes.
14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage
pre-paid mail to the County and CONTRACTOR'S contract administrators at the addresses listed below:
FOR COUNTY:
Glenn J. Wojnar, Management Analyst III
Name and Title
FOR CONTRACTOR:
Margie Wiebusch, Lead Program Coordinator
Name and Title
713 La Guardia Street, Suite B
Salinas, California 93905
Address
831-755-3480
411 Central Avenue
Salinas, California 93901
Address
831-755-6923
Phone Phone
PSA over $100, 000, Revised 10/09/08
6 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
BIB]
40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
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THE-U07
DEPARTMENT-U07
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EXECUTED AGREEMENT"�|Eb�#�15. MISCELLANEOUS PROVISIONS.
15.01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to
acquire any interest during the term of this Agreement, which would directly or indirectly conflict in
any manner or to any degree with the full and complete performance of the professional services
required to be rendered under this Agreement.
15.02 Amendment. This Agreement may be amended or modified only by an instrument in writing signed
by the County and the CONTRACTOR.
15.03 Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed
by the County and the CONTRACTOR. A waiver of any of the terms and conditions of this
Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.
15.04 Contractor. The term CONTRACTOR" as used in this Agreement includes CONTRACTOR's
officers, agents, and employees acting on CONTRACTOR's behalf in the performance of this
Agreement.
15.05 Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute.
15.06 Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its
interest or obligations in this Agreement without the prior written consent of the County. None of the
services covered by this Agreement shall be subcontracted without the prior written approval of the
County. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the
performance of all requirements of this Agreement.
15.07 Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the
County and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be
binding upon and inure to the benefit of the parties and their respective successors, permitted
assigns, and heirs.
15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and
local laws and regulations in performing this Agreement.
15.09 Headings. The headings are for convenience only and shall not be used to interpret the terms of this
Agreement.
15.10 Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.
15.11 Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of
California.
15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR
expressly reserve the right to contract with other entities for the same or similar services.
PSA over $100,000, Revised 10/09/08 7 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
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EXECUTED AGREEMENT"�|Eb�#�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 Authori. Any individual executing this Agreement on behalf of the County or the
CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter
into this Agreement on behalf of such party and bind the party to the terms and conditions of this
Agreement.
15.16 Inte agr tion. This Agreement, including the exhibits, represent the entire Agreement between the
County and the CONTRACTOR with respect to the subject matter of this Agreement and shall
supersede all prior negotiations, representations, or agreements, either written or oral, between the
County and the CONTRACTOR as of the effective date of this Agreement, which is the date that the
County signs the Agreement.
15.17 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the
provisions of this Agreement and the Provisions of any exhibit or other attachment to this
Agreement, the provisions of this Agreement shall prevail and control.
This space left blank intentionally
PSA over $100,000, Revised 10/09/08 8 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
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EXECUTED AGREEMENT"�|Eb� #�IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and
year written below.
By:
Date:
By:
Date:
By:
Date:
COUNTY OF MONTEREY
Purchasing Officer
Departmen Head if applicable)
yL // f
Board of Supervisors if applicable)
Approved as to Form'
By:
County Counsel
Date: 5- to L 1
Approved as to Fiscal Pro ns
By:
Auditor/
Date:
U
Q
Approved as to Liability Provisions3
By:
Risk Management
Date:
CONTRACTOR
Hartnell College
Contractor's Business Name*
Bv:
Signature of Chair, President, or
Vice-President
Ube, I t. c
Name and Title
Date: J//z'bil
By:
Date:
Signature of Secretary, Asst. Secretary, CFO,
Treasurer or Asst. Treasurer)*
x G K"_j& C.,&D
Name anTitle
2-1 2-e4 r
County Board of Supervisors' Agreement Number:
*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full
legal name of the corporation shall be set forth above together with the signatures of two specified officers. If
CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of a
partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an
individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement.
Approval by County Counsel is required
2Approval by Auditor-Controller is required
Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9
PSA over $100,000, Revised 10/09/08 9 of 9 Project ID: Hartnell College / 7/1/11-6/30/12
$362,305 / FCS / Wojnar
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EXECUTED AGREEMENT"�|Eb�
#�k
EXHIBIT A
MONTEREY COUNTY DEPARTMENT OF SOCIAL & EMPLOYMENT SERVICES
Family and Children's Services Branch
and
HARTNELL COLLEGE
Foster and Kinship Care Education Title IVE
Training and Recruitment Program
07/01/2011 06/30/2012
SCOPE OF SERVICES / PAYMENT PROVISIONS
I. CONTACT INFORMATION
A. Primary Contacts
Robert Taniguchi, Director of Child Welfare Kent Stephens,
Department of Social and Employment Services Hartnell College
1000 S. Main Street, Suite 209 Associate Vice President of Support Operations
Salinas, CA 93901 411 Central Avenue
Tel: 831-755-4470 CA 93901
Salinas
Fax:
831-755-8477 Tel: 831-755-6914
tani ucg hirk(uco.monterey.ca.us Fax: 831-755-6751
kstephens@hartnell.edu
Glenn J. Wojnar Margie Wiebusch, Lead Program Coordinator
Training Manager, Management Analyst III Hartnell College
Monterey County Department of Social and 411 Central Avenue,
Employment Services Salinas, CA 93901
Human Resources/Staff Development Tel: 831-755-6923
713 LaGuardia Street, Suite B Fax: 831-759-6041
Salinas, CA 93905 mwiebusc@
hartnell.edu
Tel: 831-755-3480
Fax: 831-783-7031
wojnargiAco.monterey ca.us
B. Planning Team:
Robert Taniguchi, Director of Child Welfare
Department of Social and Employment Services
1000 S. Main Street, Suite 209
Salinas, CA 93901
Tel: 831-755-4470
Fax: 831-755-8477
tani uchirkgco.montere.cca.us
Department of Social and Employment Services
Exhibit A, Scope of Services/Payment Provisions
Kent Stephens,
Associate Vice President of Support Operations
Hartnell College
411 Central Avenue
Salinas CA 93901
Tel: 831-755-6914
Fax: 831-755-6751
kstephens@hartnell.edu
Hartnell Training and Recruitment Program
07/01/2011- 06/30/2012
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EXECUTED AGREEMENT"�|Eb�
#�EXHIBIT A
Glenn J. Wojnar
Training Manager, Management Analyst III
Monterey County Department of Social and
Employment Services
Human Resources/Staff Development
713 LaGuardia Street, Suite B
Salinas, CA 93905
Tel: 831-755-3480
Fax: 831-783-7031
Margie Wiebusch, Lead Program Coordinator
Hartnell College
411 Central Avenue
Salinas, CA 93901
Tel: 831-755-6923
Fax: 831-759-6041
mwiebusc@hartnell.edu
wojnargj(a,co.montere
H. PURPOSE
The purpose of this agreement is to provide: 1) training for current and prospective foster, relative
and non-related extended family member caregivers, adoptive parents, foster youth who are
participants in the Independent Living Program and their caregivers, and local agency employees
hereinafter resource parents," youth," and staff and 2) support for foster home recruitment
activities, through Hartnell College's Foster and Kinship Care Education Title IVE Program.
III. PROGRAM REPONSIBILITIES:
A. CONTRACTOR shall provide the following trainings, foster home recruitment and other
activities hereinafter series") through funding provided via this contract:
1. Title IV-E Training
a. Family Strengths Core Trainings These trainings will include monthly orientations for
service providers, Wraparound teams, and to support families involved in services.
b. Family Strengths Advanced Trainings These trainings will include topics such as
Family Needs statements, Strengths, leadership and facilitation skills for appropriate
Youth and adults and to include other trainings as identified by the Monterey County
Wraparound Leadership Team and approved by the COUNTY.
c. Family-to-Family Training Workshops Each session provides a maximum of eight 8)
hours of training and instructional activities for local agency staff and resource parents.
Each topic will be presented a maximum of two 2) times per year at three 3) hours
each. Training topics shall include, but not be limited to:
1) Grief and Loss
2) Behavioral Issues
3) Attachment
4) SPARK Spanish)
5) ADHD
6) New Laws for Caregivers
7) Community Resources
Department of Social and Employment Services Hartnell Training and Recruitment Program
Exhibit A, Scope of Services/Payment Provisions 07/01/2011- 06/30/2012
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EXECUTED AGREEMENT"�|Eb�
#�EXHIBIT A
8) Cultural Competencies Each session will provide up to eight 8) hours of
training regarding safe and nondiscriminatory care, placement, and services for
foster and adoptive children. Topics will include, but will not be limited to,
LGBTQ training.
9) Coffee Connection Each session will provide one hour of caregiver training as
determined by COUNTY, up to nine 9) times per year.
e. Relative and Non-Related Extended Family Member NREFM) Orientations
CONTRACTOR will provide two 2-hour) sessions; one in English and one in
Spanish, per month, for Monterey County caregivers.
f Specialized Care Each session provides twelve 12) hours of training regarding the
specialized care needed by medically-fragile infants, children and/or foster youth or
Focusing on Teen Issues. Up to seven 7) series per year will be offered; five 5)
concerning ages 0-12 and two 2) concerning youth 13 years and older.
g. Advanced Topics Training on advance topics relative to the care of foster youth.
1) SB500 Training for Whole Family Foster Homes and Shared Responsibility Plan
For approved caregivers of Monterey County pregnant or parenting teens. Training
will be offered two times per year consisting of six three-hour sessions and will
include topics required by SB500.
h. First Aid/CPR CONTRACTOR will provide six 6) sessions of up to nine 9) hours
of First Aid/CPR Training.
i. Caregiver Picnic CONTRACTOR will provide family training and support once a
year at the annual Caregiver Picnic. Activities and training topics will be by mutual
agreement between CONTRACTOR and COUNTY.
j. Independent Living Skills Program
1) Supporting Independent Living Skills Each session will provide up to three 3)
hours of resource family training in nurturing and supporting independent living
skills for youth in the Independent Living Program. Topics may include, but are
not limited to:
Interpersonal and Social Skills
Cooking Workshops
Communication Workshops
Financial Independence Workshops
ILP Graduation and Motivational Training
2) Core Trainings
Twenty 20) Sessions of Core training to foster youth, caregivers, staff, and
community partners who support foster youth with Independent Living and the
issues confronting adolescents preparing for Independent Living, consistent with
Section 477 b)(3)(D) of the ACT and the Child Welfare Policy Manuel, Section
3, lH, Q/A #1.
Department of Social and Employment Services Hartnell Training and Recruitment Program
Exhibit A, Scope of Services/Payment Provisions 07/01/2011- 06/30/2012
3of7
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EXECUTED-U02
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EXECUTED AGREEMENT"�|Eb�
#�EXHIBIT A
3) Outreach Trainings
Up to ten 10) outreach trainings for community partners who support foster
youth to assist in developing their skills in working with the ILP foster youth
population.
4) Advanced Trainings
Up to four advanced training events, as the budget allows, which may include but
are not limited to, Cooking, Etiquette, College Entrance, and Graduation
Ceremony. Determination of trainings will be done by the ILP Planning
Committee consisting of DSES staff which will include the Supervisor of the
Permanency and Planning Unit, the Coordinator for Transitional Youth Services,
Social Worker Permanency Planning Unit and Hartnell Contract Manager and
from Hartnell College, the College Lead Program Coordinator and a current or
emancipated foster youth. The Planning Committee will set the budget for each
advanced training and work together to coordinate the events.
5) Train the Trainers
One session of three 3) hours per fiscal year: For foster youth caregivers, DSES
staff and representatives of community based organizations that support and work
with foster youth-to train on communication skills required to work with foster
youth and their families.
6) Independent/Job City
One training event which will be coordinated by the ILP Planning Committee to
support foster youth with a focus on employment and Independent Living Skills.
7) Youth Mentors
Emancipated youth will support foster youth to prepare for emancipation
conferences and support the ILP program.
2. Title IV-E Foster Home Recruitment:
a. Childcare for Trainings CONTRACTOR will provide childcare for trainings as
needed and with approval of COUNTY including, but not limited to, Foster and Kinship
Care and Education FKCE) Trainings. CONTRACTOR will provide up to 900 hours
per year of childcare. Child care will be limited to 10 children per training, unless
CONTRACTOR and COUNTY agree otherwise, and CONTRACTOR will provide
services using the same standard as Community Care Licensing regulations.
Participants who reserve a childcare slot for trainings and fail to show up will jeopardize
any future child care opportunities under this CONTRACT.
b. Peer Recruiters Specially trained resource parents participate in pre-authorized foster
care recruitment activities throughout the county.
3. Other Activities:
a. Train the Trainers provides updated and accurate information about Department of
Social and Employment Services' regulations, policies and procedures to all trainers.
Department of Social and Employment Services Hartnell Training and Recruitment Program
Exhibit A, Scope of Services/Payment Provisions 07/01/2011- 06/30/2012
4of7
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT A
B. COUNTY and CONTRACTOR shall mutually develop specific session topics and schedules
for each fiscal year through the Planning Team. Dates and times will be coordinated to avoid
scheduling conflicts and accommodate organizational workload issues. The needs of the target
population shall be taken into account when developing the schedules.
C. CONTRACTOR shall be responsible for providing all aspects of the program set forth in this
scope of services, which includes, but is not limited to: marketing; curriculum and materials
development; recruitment, selection, supervision, payment, and evaluation of trainers;
certification of local trainees; provision of continuing education units by the Board of Behavioral
Sciences; enrollment; attendance and evaluation record-keeping; translation services;
arrangements for facilities; child care; snacks; and quality control.
D. CONTRACTOR shall be expected to provide sessions in Spanish for those sessions specified by
the Planning Team. The actual number of sessions will be based upon need, and may be as high
as one-half of the total sessions. Handouts for these sessions will also be made available in
Spanish.
E. Sessions will be conducted at Hartnell College, the Department of Social and Employment
Services facilities, or other locations determined amenable to the target population and agreed
upon by the Planning Team.
F. CONTRACTOR shall provide all curriculum and session materials to the Planning Team.
Curriculum will include a course summary, outline, and any class handouts/materials. Regularly
offered sessions may require a greater level of curriculum development as determined by the
Planning Team.
G. CONTRACTOR shall provide copies of all attendance rosters to the COUNTY for record-
keeping purposes, and will work with the Planning Team to design and implement the new
recordkeeping software, which will provide demographics and other data needed by the
COUNTY for its reports and audits.
H. CONTRACTOR reserves the right to cancel any session at which it is anticipated there will be
four or fewer participants. The primary contact for the COUNTY shall be notified in advance of
the cancellation and every effort will be made to notify potential attendees.
1. It is intended that the CONTRACTOR provide child care when a session is being provided for
potential and existing resource parents. The CONTRACTOR may subcontract for age-
appropriate child care services from a local licensed provider, or may choose to provide such
services in-house. However, if the CONTRACTOR chooses to provide the child care services
in-house, the following shall apply:
1. Live Scan fingerprinting shall be required for all children's activities workers.
2. The COUNTY shall provide the fingerprinting services for this population using the
CONTRACTOR's Human Resource Request for Live Scan Service form.
3. The CONTRACTOR shall not be responsible for the COUNTY costs of conducting the
fingerprinting, but shall be responsible for any Department of Justice
investigation/processing charges, and shall provide the appropriate Billing Code to the
COUNTY for this purpose.
Department of Social and Employment Services Hartnell Training and Recruitment Program
Exhibit A, Scope of Services/Payment Provisions 07/01/2011- 06/30/2012
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT A
IV. FISCAL PROVISIONS:
A. COUNTY shall pay CONTRACTOR according to the terms set forth in Section 6 of this
Agreement, PAYMENT CONDITIONS. The contractor shall submit a quarterly invoice to the
County no later than the tenth 10th) day following the end of the quarter during which costs were
incurred. The invoice shall be submitted in the format presented in Exhibit D and shall contain
the original signature of the person authorized to submit claims for payment. Any required
documentation, as noted on the invoice form, shall be submitted with the invoice.
B. Limitations on Certain Kinds of Payments:
1. Peer Recruiters and Information Meeting Trainers: the pay rate shall not exceed $22.00 per
hour.
2. Children's activities workers: reimbursement rate for children's activities workers for
sessions shall not exceed $17.00 per hour per worker. CONTRACTOR will provide at least
one worker for each six children, as well as snacks and supplies. Children's activities
workers will have a current certification in First Aid and Infant/Child CPR and will have
been cleared through the Department of Justice Child Abuse Index. They also will have
knowledge of age appropriate activities for children and youth. CONTRACTOR will
maintain activities documentation to include name, date, and age of children attending. If
supervision of children's activities is requested for a session and no children arrive for the
session, CONTRACTOR will be reimbursed for one and one-half hours of time in order to
compensate the children's activities worker.
3. ILP Youth Mentor: The pay rate shall not exceed $13.00 per hour.
4. ILP Independent/Career City: the event rate will not exceed $5,000.00 unless there is
authorization from the COUNTY.
5. CONTRACTOR may not increase established rates for the above workers without written
consent of the COUNTY.
C. The budget for this contract, as presented in Exhibit C has been developed assuming the
CONTRACTOR will hold the maximum number of sessions allowed by the scope of services.
More or less frequent sessions may be authorized by the primary contacts and/or the Planning
Team, provided the changes remain within the fiscal constraints of the original budget.
D. Unless otherwise approved by the COUNTY, all sessions offered through this contract shall be
made available to members of the target population at no cost. This restriction does not apply to
any additional charge required to certify continuing education credits for individual participants.
CONTRACTOR may allow other individuals to attend the sessions, upon pre-approval of the
COUNTY and contingent upon available funding and space.
E. No employee of the COUNTY shall be hired by the CONTRACTOR through funds provided
by the COUNTY.
F. The total amount payable by COUNTY to CONTRACTOR for the period July 1, 2011
through June 30, 2012 is $362,305. Payment is contingent upon COUNTY'S receipt of
State funds.
The CONTRACTOR agrees to provide twenty-five percent 25%) of the total Title IV-E
training costs through an in-house match, and the COUNTY agrees to reimburse
Department of Social and Employment Services Hartnell Training and Recruitment Program
Exhibit A, Scope of Services/Payment Provisions 07/01/2011- 06/30/2012
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT A
CONTRACTOR for the remaining costs, up to a maximum of $362,305 for the period July
1, 2011 through June 30, 2012. The program budget listed in Exhibit C summarizes the
costs contained within the Invoice and Report of Expenditures, set forth in Exhibit D.
V. MEETINGS/COMMUNICATION:
A. All questions and requests regarding this contract shall be directed to the attention of the primary
contacts, or his/her designee(s).
B. The primary contact for the COUNTY shall convene a quarterly meeting of the Planning Team.
The purpose of these meetings shall be to discuss and make decisions regarding content,
curriculum, dates, locations, and number of sessions, including how many will be offered in
Spanish, and coordination with other offerings, such as FKCE and DSES in-house sessions. The
Planning Team does not have the authority to authorize changes requiring a contract amendment,
but may prepare recommendations for consideration by the primary contacts for the contract.
The regular meeting schedule for the fiscal year shall be set at the first meeting.
C. Contract issues shall be handled by the primary contacts for the contract. The primary contacts
do not have the authority to authorize changes requiring a contract amendment, but may prepare
amendments to the contract for consideration and approval by the COUNTY's and
CONTRACTOR'S respective Boards.
Department of Social and Employment Services Hartnell Training and Recruitment Program
Exhibit A, Scope of Services/Payment Provisions 07/01/2011- 06/30/2012
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT B
MONTEREY COUNTY
DEPARTMENT OF SOCIAL & EMPLOYMENT SERVICES
ADDITIONAL PROVISIONS
1. PAYMENT BY COUNTY:
1.01 Monthly claims by CONTRACTOR: Not later than the tenth 10th) day of each
month, CONTRACTOR shall submit to COUNTY a signed invoice, setting forth the
amount claimed. The invoice shall be submitted in the form set forth in Exhibit D.
1.02 Allowable Costs: Allowable costs shall be the CONTRACTOR's actual costs of
developing, supervising and delivering the services under this Agreement, as set forth
in the budget, attached hereto as Exhibit C. Only the costs listed in Exhibit C as
contract expenses may be claimed as allowable costs. Any dispute over whether costs
are allowable shall be resolved in accordance with the provisions of 45 Code of Federal
Regulations, Part 74, Sub-Part F and 48 Code of Federal Regulations CFR), Chapter 1,
Part 31.
1.03 Cost Control: CONTRACTOR shall not exceed by more than twenty 20)
percent any contract expense line item amount in the budget without the written
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
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TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
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OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
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THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Eb�#�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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EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
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$362,305-U012
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT B
d) If all appropriate corrective actions are taken but service still falls 80% or
more below contracted level, COUNTY and CONTRACTOR may renegotiate
the contracted level of service.
2.06 Training for Staff: CONTRACTOR shall insure that sufficient training is
provided to its volunteer and paid staff to enable them to perform effectively on the
project, and to increase their existing level of skills. Additionally, CONTRACTOR
shall ensure that all staff completes Division 21 Civil Rights training.
2.07 Bi-lingual Services: CONTRACTOR shall ensure that qualified staff is available
to accommodate non-English speaking, and limited English proficient, individuals.
2.08 Assurance of drug free-workplace: CONTRACTOR shall submit to the
COUNTY evidence of compliance with the California Drug-Free Workplace Act of
1990, Government Code sections 8350 et seq., by doing the following:
Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is prohibited in
the person's or organization's workplace and specifying the actions that will be taken
against employees for violations of the prohibition;
Establishing a drug-free awareness program to inform employees about all
of the following:
1) the dangers of drug abuse in the workplace;
2) the organization's policy of maintaining a drug-free workplace;
3) any available drug counseling, rehabilitation, and employee
assistance programs;
4) the penalties that may be imposed upon employees for drug abuse
violations;
5) requiring that each employee engaged in the performance of the
contract or grant be given a copy of the company's drug-free
policy statement and that, as a condition of employment on the
contract or grant, the employee agrees to abide by the terms of the
statement.
III. AUDIT & RECOVERY OF OVERPAYMENTS
3.01 CPA Audit on Termination:
3.01.01 Audit Requirement
At the request of COUNTY, CONTRACTOR shall give to COUNTY an audit or audit
reports covering the contract period, prepared by an independent Certified Public
Accountant. The audit requirement is for the purpose of determining whether the
reported costs are fair and reasonable and have been computed in accordance with
generally accepted accounting principles, with the provisions of this Agreement, and
with all applicable COUNTY requirements. Such audit shall be performed in
Exhibit B, Additional Provisions
Page 3 of 10
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40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
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2-U06
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ANNA-U09
OLDSAM-U10
5/20/2011-U011
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HARTNELL-U012
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$362,305-U012
TO-U012
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TO-U012
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EMPLOYEES-U012
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JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
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EXECUTED AGREEMENT"�|Eb�#�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.
Exhibit B, Additional Provisions
Page 4 of 10
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40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
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2/13/2012-U04
BOYDA-U04
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$362,305-U012
TO-U012
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PERIOD-U012
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2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
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B.-U012
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT B
3.01.04 Payment for Audit
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
Exhibit B, Additional Provisions
Page 5 of 10
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40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
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2/13/2012-U04
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT B
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
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
Exhibit B, Additional Provisions
Page 6 of 10
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40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
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2/13/2012-U04
BOYDA-U04
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5/20/2011-U011
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TO-U012
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT B
Regulations Secs. 7285.0 et seq. Division 4 Fair Employment and Housing
Commission);
California Government Code Secs. 11135 11139.5, as amended Title 2,
Div. 3, Part 1, Chap. 1, Art. 9.5) and any applicable administrative rules and
regulations issued under these sections; including Title 22 California Code of
Regulations 98000-98413.
Federal Civil Rights Acts of 1964 and 1991 see especially Title VI, 42 USC
Secs. 2000d et seq.), as amended, and all administrative rules and regulations
issued thereunder see especially 45 CFR Part 80);
The Rehabilitation Act of 1973, Secs. 503 and 504 29 USC Sec. 793 and
794), as amended; all requirements imposed by the applicable HHS
regulations 45 CFR Parts 80, 84 and 91); and all guidelines and
interpretations issued pursuant thereto;
7 Code of Federal Regulations CFR), Part 15 and 28 CFR Part 42;
Title II of the Americans with Disabilities Act of 1990 P.L. 101-336), 42
U.S.C. Secs. 12101 et seq. and 47 U.S.C. Secs. 225 and 611, and any federal
regulations issued pursuant thereto see 24 CFR Chapter 1; 28 CFR Parts 35
and 36; 29 CFR Parts 1602, 1627, and 1630; and 36 CFR Part 1191);
Unruh Civil Rights Act, Calif. Civil Code Sec. 51 et seq., as amended;
Monterey COUNTY Code, Chap. 2.80.;
Age Discrimination in Employment Act 1975, as amended ADEA), 29
U.S.C. Secs 621 et seq.;
Equal Pay Act of 1963, 29 U.S.C. Sec. 206(d);
California Equal Pay Act, Labor Code Sec.1197.5.
California Government Code Section 4450;
The Dymally-Alatorre Bilingual Services Act; Calif. Government Code
Sec. 7290 et seq.
The Food Stamp Act of 1977, as amended and in particular Section 272.6.
California Code of Regulations, Title 24, Section 3105A(e)
Removal of Barriers to Inter-Ethnic Adoption Act of 1996, Section 1808
Exhibit B, Additional Provisions
Page 7 of 10
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40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
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EXECUTED AGREEMENT"�|Eb�#�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 Margie Wiebusch 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.
Exhibit B, Additional Provisions
Page 8 of 10
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT B
6.02 Contract Administrator COUNTY: COUNTY hereby designates the
Director of the Monterey County Department of Social and Employment Services as its
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. APPEAL PROCESS
In the event of a dispute or grievance regarding the terms and conditions of this
Agreement, both parties shall abide by the following procedures:
A. CONTRACTOR shall first discuss the problem informally with the designated DSES
Contact/Program Analyst. If the problem is not resolved, CONTRACTOR must, within
fifteen 15) working days of the failed attempt to resolve the dispute with DSES
Contact/Program Analyst, submit a written complaint, together with any evidence, to the
DSES Division Deputy Director. The complaint must include a description of the
disputed issues, the legal authority/basis for each issue which supports CONTRACTOR's
position, and the remedy sought. The Division Deputy Director shall, within fifteen 15)
working days after receipt of CONTRACTOR's written complaint, make a determination
on the dispute, and issue a written decision and reasons therefore. All written
communication shall be pursuant to Section 14. NOTICES of this Agreement. Should
CONTRACTOR disagree with the decision of the Division Deputy Director,
CONTRACTOR may appeal the decision to the Director of the Department of Social &
Employment Services.
B. CONTRACTOR's appeal of the Division Deputy Director's decision must be
submitted to the Department Director within ten 10) working days from the date of the
decision; be in writing, state the reasons why the decision is unacceptable, and include
the original complaint, the decision that is the subject of appeal, and all supporting
documents. Within twenty 20) working days from the date of CONTRACTOR'S appeal,
the Department Director, or his/her designee, shall meet with CONTRACTOR to review
the issues raised on appeal. The Department Director shall issue a final written decision
within fifteen 15) working days of such meeting.
Exhibit B, Additional Provisions
Page 9 of 10
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2/13/2012-U04
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EXECUTED AGREEMENT"�|Eb�#�EXHIBIT B
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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EXECUTED AGREEMENT"�|Eb�#�MONTEREY COUNTY DEPARTMENT OF SOCIAL EMPLOYMENT SERVICES
HARTNELL COLLEGE
Training and Recruitment Program
07/01/2011 06/30/2012
Hartnell College
FY 11-12
CWS Trainin
FY 2011/2012 Coord Asst FKCE Picnic FSTS FSAT F2FTW REUOR Sc AT FA&C
Childcare
Classified
Classified Nonstudent 53,189 2,000
17,375
2,000
2,000
7,500
11,000
1,680
9,000
2,000
Classified Nonstudent childcare) 18,000 5,000 1,536 1,404 2,304 2,192
Budget Control Benefits)
Total Salaries & Benefits 45,492
98,681
37,375
7,000
2,000
7,500
12,536
3,084
11,304
4,192
Services and Supplies
Supplies
1,089
1,640
2,400
1,600
180
8,029
1,500
4,750
Personal Service Contracts 9,450 10,000
Instructional Mileage 265 2,000 3,000
Advanced Training
Rents & Leases 300
480 750
450 1,500
300
180
450
Printing Inhouse 360 250 750 1,200 900 450
Printing Vendor 400
1 1,000 450
Bulk Mail
Software
Total Services & Supplies 400
1,754
2,000
1,640
2,760
2,630
11,580
25,429
3,580
6,100
100,435 39,375 8,640 4,760 10,130 11,580 37,965 3,084 14,884 10,292
Administration 35% of TDC) 35,152 13,781 3,024 1,666 3,546 4,053 13,288 1,079 5,209 3,602
Total Training Costs 135,587 53,156 11,664 6,426 13,676 15,633 51,253 4,163 20,093 13,894
Less Hartnell In-kind Match 25%) 33,897 13,289 2,916 1,607 3,419 3,908 12,813 1,041 5,023 3,474
Not County Payment 101,690 39,867 8,748 4,819 10,267 11,725 38,440 3,122 15,070 10,420
Coord Coordinator FSTS Family Strengths Training Series SC- Specialized Care
Asst Assistance FSAT- Family Stren the Advanced Topics AT Advanced Topics
FKCE Foster and Kinship Care and Education F2FTW Family to Family Training Workshops FA&CPR First Aid & CPR
Picnic Foster Care Picnic REL/OR Relative Orientation ILP ILP Title IV-E Enhanced Training
Department of Social and Employment Services
Exhibit C Budget
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EXECUTED AGREEMENT"�|Eb� #�MONTEREY COUNTY DEPARTMENT OF SOCIAL AND EMPLOYMENT SERVICES and HARTNELL COLLEGE EXHIBIT D
Training and Recruitment Program
7/1/11 6/30/12
INVOICE AND REPORT OF EXPENDITURES
Invoice for the quarter of
Budget Item
Total Budget
Previous YTD
Expenditures
Current Quarter
Expenditures
Current YTD
Expenditures
Remaining Balance Additional
Documentation
Required
Salaries
Classified
Classified Non-Student
Classified Non-Student Childcare)
Trainers
Outreach
Benefits
TOTAL SALARIES AND BENEFITS
Services and Supplies
TOTAL DIRECT COSTS
Administration 35% of total direct costs
TOTAL PROGRAM COSTS
In-Kind Match 25% of total training costs
TOTAL REQUEST FOR REIMBURSEMEN
* Attach cost allocation sheet for all funding sources.
As the authorized representative for the CONTRACTOR, I hereby certify that this report is correct and complete to the best of my knowledge and that the costs have been
charged in compliance with Section 1.02 of Exhibit B and are eligible for reimbursement pursuant to the terms of the contract.
Person completing the form:
Title:
Phone:
Authorized Signature: Date:
Monterey County DSES Authorized Signature:
Department of Social and Employment Services
Exhibit D Report of Expenditures
Date:
Hartnell Training and Recruitment Program
7/1/11- 6/30/12
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EXECUTED AGREEMENT"�|Eb� #�Exhibit E
CHILD ABUSE & NEGLECT REPORTING
CERTIFICATION
Hartnell College
HEREBY acknowledges that this contract for services will bring CONTRACTOR in
contact with children, and that CONTRACTOR has received from COUNTY a copy of
Penal Code Sections 11165.7 and 11166 as required by the Child Abuse and Neglect
Reporting Act Penal Code Sections 11164, et seq). CONTRACTOR further certifies
that it has knowledge of the provisions of the Act, and will comply with its provisions,
which define a mandated reporter and requires that reports of child abuse or neglect be
made by a mandated reporter whenever, in his or her professional capacity or within the
scope of his or her employment, he/she has knowledge or observes a child whom he/she
knows or reasonably suspects has been a victim of neglect or abuse.
CONTRACTOR further gives assurance that all of its employees, consultants, and agents
performing services under this Agreement, who are mandated reporters under the Act,
sign statements indicating that they know of, and will comply with, the Act's reporting
requirements.
Authorized Signature
Date
24-hour Bilingual Child Abuse Hotline 1-800-606-6618
Mandated Child Abuse Reporter Training is available, at no cost, through the Child
Abuse Prevention Council of Monterey County CAPC), 755-4737.
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2/13/2012-U04
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16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
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DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
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DESIGNEE,-U07
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AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
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TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
PERIOD-U012
JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
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NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
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AUTHORIZE-U012
THE-U012
DIRECTOR-U012
OF-U012
THE-U012
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OF-U012
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&-U012
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SERVICES,-U012
OR-U012
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DESIGNEE,-U012
TO-U012
SIGN-U012
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THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
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DO-U012
EXCEED-U012
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EXECUTED AGREEMENT"�|Eb� #�EXHIBIT F
BUSINESS ASSOCIATE AGREEMENT
This Agreement is made effective the 1St day of July, 2011, by and between MONTEREY
COUNTY, hereinafter referred to as Covered Entity", and Hartnell College, hereinafter referred to as
Business Associate", individually, a Party" and collectively, the Parties").
WITNESSETH:
WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, known as the Administrative Simplification provisions,"
direct the Department of Health and Human Services to develop standards to protect the security,
confidentiality and integrity of health information; and
WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health and
Human Services has issued regulations modifying 45 CFR Parts 160 and 164 the HIPAA Privacy
Rule"); and
WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby
Business Associate will provide certain services to Covered Entity, and, pursuant to such arrangement,
Business Associate may be considered a business associate" of Covered Entity as defined in the
HIPAA Privacy Rule the agreement evidencing such arrangement is entitled agreement to provide
foster and kinship care education, dated July 1, 2011, 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
BIB]
40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
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511-DSS-U08
OLDS-U09
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5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
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THE-U012
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THROUGH-U012
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30,-U012
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AUTHORIZE-U012
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OF-U012
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&-U012
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HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Eb� #�EXHIBIT F
Business Associate acknowledges and agrees that all Protected Health Information that is created or
received by Covered Entity and disclosed or made available in any form, including paper record, oral
communication, audio recording, and electronic display by Covered Entity or its operating units to
Business Associate or is created or received by Business Associate on Covered Entity's behalf shall be
subject to this Agreement.
II. CONFIDENTIALITY REQUIREMENTS
a) Business Associate agrees:
i) to use or disclose any Protected Health Information solely: 1) for meeting
its obligations as set forth in any agreements between the Parties evidencing their
business relationship or 2) as required by applicable law, rule or regulation, or by
accrediting or credentialing organization to whom Covered Entity is required to disclose
such information or as otherwise permitted under this Agreement, the Arrangement
Agreement if consistent with this Agreement and the HIPAA Privacy Rule), or the
HIPAA Privacy Rule, and 3) as would be permitted by the HIPAA Privacy Rule if such
use or disclosure were made by Covered Entity;
ii) at termination of this Agreement, the Arrangement Agreement or any
similar documentation of the business relationship of the Parties), or upon request of
Covered Entity, whichever occurs first, if feasible, Business Associate will return or
destroy all Protected Health Information received from or created or received by
Business Associate on behalf of Covered Entity that Business Associate still maintains in
any form and retain no copies of such information, or if such return or destruction is not
feasible, Business Associate will extend the protections of this Agreement to the
information and limit further uses and disclosures to those purposes that make the return
or destruction of the information not feasible; and
iii) to ensure that its agents, including a subcontractor, to whom it provides
Protected Health Information received from or created by Business Associate on behalf
of Covered Entity, agrees to the same restrictions and conditions that apply to Business
Associate with respect to such information. In addition, Business Associate agrees to
take reasonable steps to ensure that its employees' actions or omissions do not cause
Business Associate to breach the terms of this Agreement.
b) Notwithstanding the prohibitions set forth in this Agreement, Business Associate may
use and disclose Protected Health Information as follows:
i) if necessary, for the proper management and administration of Business
Associate or to carry out the legal responsibilities of Business Associate, provided that
as to any such disclosure, the following requirements are met:
A) the disclosure is required by law; or
B) Business Associate obtains reasonable assurances from the
person to whom the information is disclosed that it will be held confidentially and
used or further disclosed only as required by law or for the purpose for which it
was disclosed to the person, and the person notifies Business Associate of any
instances of which it is aware in which the confidentiality of the information has
been breached;
ii) for data aggregation services, if to be provided by Business Associate for
the health care operations of Covered Entity pursuant to any agreements between the
Parties evidencing their business relationship. For purposes of this Agreement, data
aggregation services means the combining of Protected Health Information by Business
Associate with the protected health information received by Business Associate in its
Page 2 of 4
BIB]
40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
DEPARTMENT-U07
OF-U07
SOCIAL-U07
&-U07
EMPLOYMENT-U07
SERVICES,-U07
OR-U07
HIS-U07
DESIGNEE,-U07
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SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
RECRUITMENT-U012
SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
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THROUGH-U012
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AUTHORIZE-U012
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OF-U012
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&-U012
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OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
CONTRACT-U012
AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Eb� #�EXHIBIT F
capacity as a business associate of another covered entity, to permit data analyses that
relate to the health care operations of the respective covered entities.
c) Business Associate will implement appropriate safeguards to prevent use or disclosure
of Protected Health Information other than as permitted in this Agreement. The Secretary of Health and
Human Services shall have the right to audit Business Associate's records and practices related to use
and disclosure of Protected Health Information to ensure Covered Entity's compliance with the terms of
the HIPAA Privacy Rule. Business Associate shall report to Covered Entity any use or disclosure of
Protected Health Information which is not in compliance with the terms of this Agreement of which it
becomes aware. In addition, Business Associate agrees to mitigate, to the extent practicable, any
harmful effect that is known to Business Associate of a use or disclosure of Protected Health
Information by Business Associate in violation of the requirements of this Agreement.
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
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40953-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
DIRECTOR-U07
OF-U07
THE-U07
DEPARTMENT-U07
OF-U07
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&-U07
EMPLOYMENT-U07
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DESIGNEE,-U07
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SIGN-U07
AN-U07
511-DSS-U08
OLDS-U09
ANNA-U09
OLDSAM-U10
5/20/2011-U011
AGREEMENT-U012
HARTNELL-U012
COLLEGE-U012
$362,305-U012
TO-U012
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TRAINING-U012
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SERVICES-U012
TO-U012
ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
LOCAL-U012
AGENCY-U012
EMPLOYEES-U012
THE-U012
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JULY-U012
1,-U012
2011-U012
THROUGH-U012
JUNE-U012
30,-U012
2012,-U012
INCLUDING-U012
NON-STANDARD-U012
MUTUAL-U012
INDEMNIFICATION;-U012
B.-U012
AUTHORIZE-U012
THE-U012
DIRECTOR-U012
OF-U012
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OF-U012
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&-U012
EMPLOYMENT-U012
SERVICES,-U012
OR-U012
HIS-U012
DESIGNEE,-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
THREE-U012
3)-U012
AMENDMENTS-U012
TO-U012
AGREEMENT,-U012
THE-U012
TOTAL-U012
AMENDMENTS-U012
DO-U012
EXCEED-U012
TEN-U012
PERCENT-U012
10%)-U012
OF-U012
THE-U012
ORIGINAL-U012
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AMOUNT,-U012
DO-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
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EXECUTED AGREEMENT"�|Eb�!#�EXHIBIT F
on any one or more occasions shall be deemed a waiver of performance of any continuing or other
obligation, or shall prohibit enforcement of any obligation, on any other occasion.
The parties agree that, in the event that any documentation of the arrangement pursuant to which
Business Associate provides services to Covered Entity contains provisions relating to the use or
disclosure of Protected Health Information which are more restrictive than the provisions of this
Agreement, the provisions of the more restrictive documentation will control. The provisions of this
Agreement are intended to establish the minimum requirements regarding Business Associate's use
and disclosure of Protected Health Information.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and
effect. In addition, in the event a party believes in good faith that any provision of this Agreement fails
to comply with the then-current requirements of the HIPAA Privacy Rule, such party shall notify the
other party in writing. For a period of up to thirty days, the parties shall address in good faith such
concern and amend the terms of this Agreement, if necessary to bring it into compliance. If, after such
thirty-day period, the Agreement fails to comply with the HIPAA Privacy Rule, then either party has the
right to terminate upon written notice to the other party.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year
written above.
COVERED ENTITY: BUSINESS ASSOCIATE:
MONTEREY OOUN HARTNELL COLLEGE
Title: Elliott Robinson, Director
Department of Social & Employment Services
Date: b 2-$ I
Title: 5 Cc 1f / /mod' /
Date: G1 I/ I
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AS99892-U03
AS99894-U03
AI102280-U03
DO109661-U03
C5-U03
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2/13/2012-U04
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16570-U05
2-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
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HARTNELL-U012
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$362,305-U012
TO-U012
PROVIDE-U012
TRAINING-U012
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SERVICES-U012
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ELIGIBLE-U012
CAREGIVERS-U012
MONTEREY-U012
COUNTY-U012
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AGENCY-U012
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THE-U012
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DESIGNEE,-U012
TO-U012
SIGN-U012
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THREE-U012
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AGREEMENT,-U012
THE-U012
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DO-U012
EXCEED-U012
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THE-U012
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SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
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EXECUTED AGREEMENT"�|Eb�"#�EXHIBIT G
CERTIFICATION REGARDING LOBBYING
Hartnell College
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No federal 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 federal appropriated funds have been paid or will be
paid 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 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 undersigned shall require that the language of this certification be
included in the award document for sub-awards at all tiers including sub-
contracts, sub-grants, and contracts under grants, loans, and cooperative
agreements, 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. Submission of 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.
14c t' r-c' i vm YN uG1,t
Agency/Organization
Title
Ib J f lei
Date
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EXECUTED AGREEMENT"�|Eb�##�EXHIBIT H
Modification of Section 8. Indemnification
Hartnell College Training Contract:
July 1, 2011 June 30, 2012
8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the
County, its officers, agents, and employees, from and against any and all claims, liabilities, and
losses whatsoever including damages to property and injuries to or death of persons, court costs,
and reasonable attorney' fees) occurring or resulting to any and all persons, firms or corporations
furnishing or supplying work, services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to
any person, firm, or corporation for damage, injury, or death arising out of or connected with the
CONTRACTOR's performance of this agreement, unless such claims, liabilities, or losses arise
out of the sole negligence or willful misconduct of the County. CONTRACTOR's
performance" includes CONTRACTOR's action or inaction and the action or inaction of
CONTRACTOR's officers, employees, agents and subcontractors.
Modification to Section 8. INDEMNIFICATION:
CONTRACTOR shall indemnify, defend, and hold harmless the County, its officers, agents, and
employees, from and against any and all claims, liabilities, and losses whatsoever including
damages to property and injuries to or death of persons, court costs, and reasonable attorneys'
fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying
work, services, materials, or supplies in connection with the performance of this Agreement, and
from any and all claims, liabilities, and losses occurring or resulting to any person, firm, or
corporation for damage, injury, or death arising out of or connected with the CONTRACTOR's
performance of this Agreement, unless such claims, liabilities, or losses arise out of the sole
negligence or willful misconduct of the County. CONTRACTOR's performance" includes
CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's officers,
employees, agents and subcontractors.
COUNTY shall indemnify, defend, and hold harmless the Contractor, its officers, agents, and
employees, from and against any and all claims, liabilities, and losses whatsoever including
damages to property and injuries to or death of persons, court costs, and reasonable attorneys'
fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying
work, services, materials, or supplies in connection with the performance of this Agreement, and
from any and all claims, liabilities, and losses occurring or resulting to any person, firm, or
corporation for damage, injury, or death arising out of or connected with the COUNTY's
performance of this Agreement, unless such claims, liabilities, or losses arise out of the sole
negligence or willful misconduct of the Contractor. COUNTY's performance" includes
COUNTY's action or inaction and the action or inaction of COUNTY's officers, employees,
agents and subcontractors.
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