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HomeMy WebLinkAboutMINUTES - 08161994 - 1.103 ti.s� -L..0 1. 103 TO: BOARD OF SUPERVISORS „'tetra Costa FROM: Phil Batchelor, County Administrator o wl.1f By: John T. Gregory w County .... IS DATE: August 16, 1994 SUBJECT: Contract with the Regents of the University of California SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract in the amount of $67,000 for provision of services related to child abuse prevention and family mentoring activities for the North Richmond Municipal Advisory Council in the'North Richmond community FISCAL IMPACT: None BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Staff of the County Administrator's Office have been actively soliciting a partnership of several organizations which include the University of California, State of California Office of Child Abuse Prevention, Van Loben Sels Charitable trust and the Zellerbach Family Fund. The goals of this partnership are to help create a North Richmond Community which: • provides an environment that supports and strengthens families • provides children and youth productive and fun opportunities, engaging their interests and energy, and reducing their exposure to violence and substance abuse. • establishes a safe environment in which residents can help each other and work in collaboration with Contra Costa County to improve services to the community. CONTINUED ON ATTACHMENT: _YES SIGNATURE- RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOAF16Dd0t,1EE Y APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact John Gregory,646-4089 //,, Originating Dept County Administrator ATTESTED C&4-d,". t-/6 , ./,q 9� PHIL BATC LOR,CLER OF cc: Redevelopment(Beth Lee) THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR County Counsel Univ.of Calif(Children&Youth Policy Project) Calif. Dept of Social Services BY-7d • �diA Q e-#—.,,DEPUTY The Office of Child Abuse Prevention in the California Department of Social Services through contact and negotiations provided staff of the County Administrator has earmarked a one time only grant allocation of $67,000 to provide its funding support to this joint partnership which fulfills the state expressed need to better empower communities to actively participate in decision making and assume local ownership of projects in the community. Given the parameters of this particular funding by the state, the award of money is not possible as a direct allocation to the North Richmond community as the Municipal Advisory Council is an advisory extension of the Board of Supervisors. Therefore, agents were needed to provide a funding conduit from the state level to the locals. This contract will allow the money to be awarded and will cover the following projects: • The North Richmond First Annual Community/Family Day. This event will re-introduce the community to the North Richmond Municipal Advisory Council and provide a forum for sharing information about the Council's goals and project activities. TOTAL COST APPROXIMATELY$12,000. • The Family Mentorinq and Support Pro'ect. This project will provide service to families in the Las Deltas Housing Project. The project expects to recruit 25 volunteers and mentors and 30 families during the first year. Costs will include ongoing training for volunteers, part time staff coordinator, recruitment activity, emergency family grants, field trips and recreational activities. TOTAL COST APPROXIMATELY $20,000. • SIMBA. SIMBA is an organization that trains adult male volunteers to become ongoing mentors and guides for young African American male children. This program recruits men from the community who will become male role models for young children who are at risk of school failure, substance abuse, and violence. Costs involve starting a chapter in North Richmond and the training and recruitment of volunteers. TOTAL COST APPROXIMATELY $3,000. • Community Self-Help and Mutual Benefit Mini-Grants. The North Richmond Municipal Advisory Council will fund mini-projects proposed by community residents. The MAC will develop guidelines for granting these funds and the guidelines must be approved by the Office of Child Abuse Prevention. Residents will be invited to submit requests for funds that address community issues and strengthen family life, such as: respite care for grandparent caretakers, after school youth activities, youth community service projects or other capacity building projects. Additionally, 20% of the funds allocated for "Mini-grants" must be directed toward services which benefit the Laotian children and their families in North Richmond. All "Mini-grants" must meet criteria and receive final approval form the Office of Child Abuse Prevention prior to payment. All projects must focus on developing the capacity of their community to assist and help families. Projects will provide direct services which benefit the community's children and families. TOTAL COSTS APPROXIMATELY $32,000. Summary: Given the funding participation from the state office, the North Richmond community has begun to bring together a strategy of assistance to promote community involvement that strengthens family life and helps create a safer community. This contract also provides funds to leverage other sources of funding from public agencies, private foundations and private companies to provide viable program opportunities in North Richmond for social change in a more positive manner. Consequences of Negative Action Not approving this contract will cause projects which are to be implemented within the next few months to either be postponed or cancelled. This will cause further hardship to residents of a community in which services are insufficient to meet identified needs. 2 Agreement No. SA1184-18533AR between The Regents of the University of California and Contra Costa County THIS AGREEMENT is made and entered into this day of , 1994 between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ("California") and CONTRA COSTA COUNTY on behalf of the NORTH RICHMOND MUNICIPAL ADVISORY COUNCIL ("CCC-MAC") WHEREAS, California has received funding through Agreement No. CA-M3130 from the California Department of Social Services (DSS) Office of Child Abuse Prevention (OLAP) to conduct a project entitled "The Children and Youth Policy Project," WHEREAS, California's proposal to DSS identified CCC-MAC's assistance to facilitate the development and enhancement of a unifying community presence, WHEREAS, CCC-MAC is willing and able to provide said assistance to California and participate in the project, NOW THEREFORE, the parties hereto agree as follows: ARTICLE I. STATEMENT OF WORK As described in program proposal entitled "The Children and Youth Policy Project," incorporated herein as Exhibit A, CCC-MAC shall, in consultation with California, carry out the work. ARTICLE II. PERIOD OF PERFORMANCE The period of performance of this Agreement shall be from August 15, 1993 through August 15, 1994. ARTICLE III. ESTIMATED COST AND PAYMENT A. The estimated cost of this Agreement is $67,000 for activities as follows: Community Family Day $12,.000 Family Mentoring & Support Program 20,000 SIMBA Program 3,000 Community Minigrants 25,600 Laotian Services 6,400 $67,000 B. CCC-MAC may bill California not more frequently than monthly for reimbursement for actual costs incurred in the performance of this Agreement. Invoices shall cite this Agreement number and show costs for billing period and cumulative to date by major categories and shall be mailed to: Rhoda Katz Children and Youth Policy Project Institute for the Study of Social Change 2420 Bowditch Street University of California Berkeley, CA 94720-5940 C. No equipment having a unit cost in excess of $500 and a useful life of at least four (4) years shall be acquired using funds reimbursable under this Agreement. D. California shall not be obligated to reimburse CCC-MAC for costs in excess of the estimated cost set forth in Paragraph A above unless and until this Agreement is amended to increase that amount. ARTICLE IV. RECORDS AND AUDITS CCC-MAC shall maintain time records and other books, documents and evidence necessary to support its claims for reimbursement under this Agreement. These records shall be subject to the examination and audit of California and the Auditor General of the State of California for a period ending three years after final payment under this Agreement. CCC-MAC shall promptly refund any amount which is determined by such audit to have been improperly claimed. ARTICLE V. REPORTS AND PUBLICATIONS A. CCC-MAC shall submit quarterly written progress reports to California. The quarterly reports shall include: a. A statement of objectives, b. A statement of activities during the quarter relative to each objective, C. Any problems experienced during the quarter, and d. Recommendations for resolving the problems. B. California and DSS reserve the right to use, reproduce, and distribute reports, data and materials produced and delivered pursuant to this Agreement and reserve the right to authorize others to use and reproduce such materials. C. If requested by DSS, printed materials, reports, media announcements, etc., relating to or used as part of this Agreement shall contain the following credit line: "Preparation of this was supported in part by the State of California, Health and Welfare Agency, Department of Social Services. D. CCC-MAC shall obtain prior approval from California of the location, costs, dates, agenda, instructors, instructional materials, and attendees for any reimbursable training or workshop, and for any reimbursable publicity or educational materials to be made available for distribution. CCC-MAC shall acknowledge the support of DSS whenever publicizing the work under the contract in any media. This paragraph does not apply to necessary staff meetings to conduct routine business matters. ARTICLE VI. SUBCONTRACTING The Municipal Advisory Council/CCC shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by California. ARTICLE VII. KEY PERSONNEL A. The California Project Director is Professor Troy Duster, Director of ISSC. He is not authorized to change any of the provisions of this Agreement. Such changes may only be accomplished by written amendment signed by authorized representatives of the parties. B. CCC-MAC's key personnel is Mr. John Gregory, - -3- Contra Costa County. Since Mr. Gregory is considered critical to the performance of this Agreement, no substitution may be made by CCC- MAC without the prior written concurrence of California. ARTICLE VIII. TERMINATION A. California may terminate this Agreement upon thirty days advance written notification to the other party. In the event of termination, CCC-MAC shall be entitled to reimbursement for all cost incurred to the date of termination and for all uncancellable obligations provided, however, that in no event shall the termination settlement cause the total amount paid to CCC-MAC to exceed the estimated cost set forth in Paragraph A of Article III above. B. Within sixty days of termination date, CCC-MAC shall submit to California a final report, a final financial report and a final invoice. ARTICLE IX. DSS/OCAP PROVISIONS CCC-MAC shall comply with the DSS/OCAP provisions G through L attached hereto as Exhibit B. ARTICLE X. INDEMNIFICATION A. California shall defend, indemnify and hold CCC-MAC, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of California, its officers, agents or employees. B. CCC-MAC shall defend, indemnify and hold California, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent of such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of CCC-MAC, its officers, agents or employees. -4- ARTICLE XI. NONDISCRIMINATION A. During the performance of this Agreement, CCC-MAC shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition,marital status, age (over 40) or sex. CCC-MAC shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7825.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CCC-MAC shall give written notice of its obligations under this Article to labor organizations with which it has a collective bargaining or other agreement. B. CCC-MAC shall include the nondiscrimination and compliance provisions of this Article in all subcontracts to perform work under this Agreement. ARTICLE XII. FEDERAL LOBBYING ACTIVITIES CERTIFICATION CCC-MAC certifies, to the best of its knowledge and belief that: A. No State or Federal appropriated funds have been paid or will be paid, by or on behalf of CCC-MAC, to any person for influencing or attempting to influence an officer or employee of any State or Federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a member of the Legislature or Congress in connection with the awarding or any State or Federal contract, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan or cooperative agreement. B. 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 Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, CCC-MAC shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. This certification is a material representation of fact upon which reliance -5- 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. D. CCC-MAC agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. ARTICLE XIII. DRUG-FREE WORKPLACE CERTIFICATION By signing this Agreement, CCC-MAC hereby certifies under penalty of perjury under the laws of the State of California that CCC-MAC will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by doing all of the following: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, are required by Government Code Section 8355(a). B. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (1) the dangers of drug abuse in the workplace, (2) the person's or organization's policy of maintaining a drug-free workplace, (3) any available counseling, rehabilitation and employee assistance programs, and (4) penalties that may be imposed upon employees for drug abuse violations. C. Provide as required by Government Code Section 8355(c) every employee who works on the proposed contract or grant: (1) will receive a copy of the company's drug-free policy statement and (2) will agree to abide by the terms of the Company's statement -6- as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and CCC- MAC may be ineligible for award of any future state contracts if DSS determines that any of the following has occurred: 1) the contract has made a false certification or 2) violates the certification by failing to carry out the requirements as noted above. ARTICLE XIV. INTEGRATION This agreement states the entire contract between the parties in respect to the subject matter of the Agreement and supersedes any previous written or oral representations, statements, negotiations, or agreements. This Agreement may be modified only by written agreement executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their fully authorized representatives as of the day and year first above written. 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Zr 10 ca Z CT CM. coD CL (-L) to m En 0 l< to to Z m C') 9. 2) CD W m 0 CL r" (D to 0 r EXHIBIT B G. Acknowledge the Office of Child Abuse Prevention as the funding agent, in writing, upon all educational and training materials, curricula, audio/visual aids, printed materials, and periodicals developed pursuant to this Agreement and with the prior .approval of OCAP. If any of the above (excepting video productions) are developed without prior approval from OCAP it shall be acknowledged thereon that the material does not necessarily represent the views of the Office of Child Abuse Prevention or the State Department of Social Services. Video productions shall not be undertaken without the full knowledge and written consent of OCAP at initial concept development and throughout production. No expenditures under this Agreement shall be incurred in the design and development of video productions prior to receipt of written OCAP approval. H. Ensure that all personnel as described in the Child Abuse and Neglect. Reporting Act, Section 11165 et seq. of the Penal Code, are in compliance with the law. The law mandates certain personnel to report known or suspected instances of child abuse. This includes, but is not limited to, any person who is a social worker, or an administrator or presenter of, or a counselor in, a child abuse prevention program. Grantee shall require each employee, volunteer, or subcontractor who is a mandated reporter to sign a statement that he or she knows of the reporting requirements as defined in Section 11166 (a) of the Penal Code. I. Comply with the provisions of Welfare and Institutions Code Section 10850, the SDSS Manual of Policy and Procedures Division 19 regulations, and Federal statutes and regulations to assure that: 1. All records concerning an individual, made or kept by any public officer or agency in connection with the administration of any provisions of the Welfare and Institutions Code for which grants are provided by this State, will be confidential and will not be open to examination for any purpose not directly connected with administration, performance compliance, monitoring or auditing of the grant. 2. No person will make public, disclose, use, or cause to be published, disclosed or used, any confidential information pertaining to any person receiving OCAP—funded, services. 3. Persons who serve on a multidisciplinary team (nay disclose to one another information which is relevant to the prevention of abuse, identification, management, or treatment of any person receiving OCAP—funded services. 6 J Ensure that no staff or other persons employed with SDSS grant funds will conduct activities intended to influence legislation, administrative rule—making, or the election of'public officials during time compensated under this Agreement or with grant funds. Nor may any such persons represent that such activities are being performed under the grant. The following guidelines shall be observed: 1. Meetings which include these activities shall not be represented as being prescribed or funded by SDSS. 2. Any such meetings or conversations occur during time not compensated under SDSS grants. Auditable records shall be kept indicating that the meetings or conversations occurred on personal, dock, vacation, or other time not paid for with SDSS funds. 3. Office space leased, rented, or otherwise acquired with SDSS grant funds shall not be used for any activities prohibited herein. K. Make all reasonable effort to ensure that no conflict of interest exists between its officers, employees, or subcontractors. Grantee shall make all reasonable effort to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or- others such as those with whom they have family, business,. or other ties. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict -of interest codes and State law, including Section 23-602 (Code of Conduct) of Chapter 23-600 of the SDSS Manual of Policies and Procedures. In the event that SDSS determines that a conflict of interest situation exists, any increase in costs associated with the conflict of interest situation may be disallowed by SDSS and such conflict may constitute grounds for termination of this Agreement. This provision shall not be construed to prohibit employment of persons with whom Grantee's officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant. L. As stipulated in-Section 11105.3 of the Penal Code, ensure that no staff, paid or volunteer, are knowingly employed who have been convicted or arrested for which the person is released on bail or on his or her own recognizance pending trial of any sex crimes, drug crimes, or crimes of violence. 7