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HomeMy WebLinkAboutMINUTES - 08081995 - D4 Eb.4 Contra TO: BOARD OF SUPERVISORS ainNi c Costa �_� .. FROM: Finance Committee - ••c$v COU rly ....OL71y. DATE: August 8, 1995 SUBJECT: CONTRACTS FOR CHILD CARE SERVICES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): 1. APPROVE a total of$250;000 for four contracts financed through the Child Care Affordability Trust Fund in fiscal year 1995-96 as follows: Contra Costa County Child Care Council - Referral Services for $36,530 and Child Care Subsidies for$113,770; Pittsburg Pre-School Coordinating Council - Infant Care Program for$49,850; and Community Services Department - Child Care Centers $49,850. 2. DIRECT staff to compile data matching child care needs and county program allocations, from all revenue sources, by geographic area. 3. Refer this item to the Family and Human Services Committee for further action. BACKGROUND/REASON(S) FOR RECOMMENDATION(S) On June 28, 1994, the Board of Supervisors approved the four above referenced contracts for the same amounts and tentatively earmarked the same amounts for each contract in fiscal year 1995-96. On July 11, 1995, the Board extended these contracts through September 30, 1995 to allow the Finance Committee to review the activities and accomplishments of the programs. The contractors have been invited to the August 7 1995 Finance committee meeting and have prepared the attached reports on program activities. CONTINUED ON ATTACHMENT: _YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER TO � SIGNATURE(S): Tom Torlakson *eftith ACTION OF BOARD ON August 8. 1995 APPROVED AS RECOMMENDED X OTHER X Authorized the Chair, Board of Supervisors, to sign the above referrenced contraQts. Supervisor Bishop voted NO on the Pittsburg -.Pre-School Coordinating Council - Infant-care Program contract. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT ----- 1 TRUE AND CORRECT COPY OF AN AYES: NOES: 3 n Pittsburg Pre—School only ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: ATTESTED August 8, 1995 PHIL BATCHELOR,CLERK OF ARD OF SUPERVISORS AN OUNTY AD TO cc: CAO Auditor-Controller Social Service Director gY Community Services Director Community Services Department cnaa o meat x74,3694 Lantra child Nu 374-3850 r b Action 313-IMAdministration Head SM 646-5640 1220 Mollo Avenue,Suite 101 }a Housing arw � Martinez,California 94553-4711 PATHS 427-Ss (510)313-7350 County Fax(510)313-7385 Joan V.SpafkB, J DATE: August 2, 1995 TO: Finance Committee FROM: , Joan Sparks, Director, Community Services Department SUBJECT: Committee Update on Departmental Usage of 1994-1996 Transportation Occupancy Tax Funds This memorandum is to provide the Finance Committee with a brief update concerning the proposed use of FY 94-95 and FY 95-96 Training Occupancy Tax (TUT)funds in the amount of$98,700 for the Maritime and Powers (Pullman) Child Development facilities In Richmond. As of August 2, 1995, the Department is stili waiting fior the close of escrow on the purchase of both properties.All of the FY 9495 TOT allocation and a portion of the FY 95-96 TOT allocation will be employed to cover the final cost of this sales transaction. Upon the close of escrow and transfer of title, it is the invent of the Department to immediately use the remaining FY 95-96 TOT funds to initiate desperately needed building repairs and improvements at both facilities, as well as the development of updated architectural pians for the Maritime facility. Again, the Department wished to extend its deep appreciation to the Finance Committee and the Board of Supervisors for its continued and generous support of this valuable community project. Please call me at 313-7350 if we can be of any further assistance regarding this matter_ Thank you. W. Tony Enea, Senior Deputy County Administrator Wilda Davisson, Child Development Program Manager Affirmative Action I Equal Opportunity Employer TOTAL P.02 CONTRA COSTA COUNTY CONTRACTOR SURVEY Agency Name: Contra Costa Child Care Council Address: 2450 Stanwell Drive, Suite 110, Concord, CA 94520 Contact Name: Catherine Ertz-Berger Title:Executive Director Contact Phone: ( 51 0 ) 676-5442 Fax: ( 51 0 ) 825-2732 Briefly describe scope and geographic service areas of programs provided by your agency: The Child Care Council is a countywide agency with offices in Richmond, Concord, Antioch and Bishop Ranch. The Council offers information, referral , education and support services to parents; child care subsidies to low income families and families withchildren at risk; and training, consultation, scholarships and food reimbursements to providers . The Council does extensive public education and advocacy. FY 94-95 Budget Total: $5 , 3 4 2 , 3 2 9 FY 94-95 Revenue by Source: Contra Costa County $173 , 434 See attached $ Please attach a copy of your agency's latest audited financial statement. Return by 5/22/95 to: Sara Hoffman, Senior Deputy Administrator, Contra Costa County, 651 Pine St., 10th Flr., Martinez, CA 94553 or FAX to 646-1353. 1 ) For each of your services/programs which the County supports financially in whole or in part: Agency Name Contra Costa Child Care Council Name of Service/Program Resource and Referral - Public 1. Briefly describe service/program (type, length, etc.), its client population and geographic service area. The R&R Service provides child care referrals, education and' support services to parents; assists new child care providers, and provides training and consultation to all child care providers . This is a countywide program. 2. Average number of clients served per month, FY 94-95. 5646 3. List FY 94-95 revenue sources for the program and annual contribution. Contra Costa County $ City of $ City of $ State of California $237., 969 ( 7n!i; Federal Government $ 45, 765 ( 13% ) Donations $ Other (list): United Way $ 20, 000 ( 6% ) TOTAL $339, 864 4. For each funding source, please provide the following information (additional forms on attached page): ■ Contracting Agency/County Dept.Contra Costa Dept. of Social Services Contract # (if available) 20-387-22 Contract Term 7/01 /94-6/30/95 Contract amount $36, 530 Average No.of Clients served/mo 621 --------------------------------- 3 ) ■ Contracting Agency/County Dept. Jstate, Dpartment of Education Contract# (if available)07-H860-00-03187-4Contract Term?/1 /94-6/30/95 Cootract amount$2 3 7, 5 6 9 Average No.of Clients served/m03 , 952 ■ Contracting Agency/County Dept.. Federal Government through State Dept. of Education. Contract# (if available) FB3358 Contract Term 7/01 /94-6/30/95 Contract amount $45, 765 Average No.of Clients served/mo 734 ■ Contracting Agency/County Dept. United way Contract # (if available) 185653 Contract Term 7/1 /94-6/30/95 Contract amount $20, 000 Average No.of Clients served/mo 339 ■ Contracting Agency/County Dept. Contract# (if available) Contract Term Contract amount Average No.of Clients served/mo ■ Contracting Agency/County Dept. Contract # (if available) Contract Term Contract amount Average No.of Clients served/mo ■ Contracting Agency/County Dept. Contract# (if available) Contract Term Contract amount Average No.of Clients served/mo 4 ) r ♦ , r Y t For each of your services/programs which the County supports financially in whole or in part: Agency Name Contra Costa Child Care Council Name of Service/Program County Child Care Fund 1. Briefly describe service/program (type, length, etc.), its client population and geographic service area This is a county wide program which provides child care subsidies to low income working families. 2. Average number of clients served per month, FY 94-95. 25 Children 3. List FY 94-95 revenue sources for the program and annual contribution. Contra Costa County $ 1 13 , 770 City of $ City of $ State of California $ Federal Government $ Donations $ Other (list): $ 4. For each funding source, please provide the following information (additional forms on attached page): ■ Contracting Agency/County Dept. Contra Costa Dept. of Social Services Contract # (if available) 21 -1 85 Contract Term 7/01 /94-6/30/95 Contract amount$113, 770 Average No.of Clients served/mo 25 -------------------------------- 6 ) mom r •'v r- y 3 f � t` � G'�5,�3� r xa, z t�•�� w� ' �'v t, t '`.'�a� �Tr '':e vS,Lska va +'a °�t TM e ot� ��i V k � i }f d i ti p G . . Courtcil Pit sburg P&re School Coor na ng E TIC)N �EPORT U- 4 A D L, CA-, R RAM LEVA , :4 1�9 I. INTRODUCTION This report contains the evaluation of the P.S.C.0 's Infant Therapeutic Day Care Program (ITP) for the 1994-1995 program year, beginning July 19 1994 and ending June 30, 1995, II. PROGRAM HISTORY The PSCC is a community-based, non-profit, tax-exempt agency whose mission is to assist low-income and no-income families in becoming self-sufficient through education and training. Sine 1972, the program has grown from a small demonstration nursery school in space provided by the Pittsburg Unified School District to its current capacity of on hundred and fifty (150) children in its own 7,485 square foot building designed and built for young children. The PSCC recently completed a successful fund-raising campaign for a building addition which will add another 2,500 square feet of classroom space and bathroom facilities that will increase its child capacity to 200 children. PSCC provides licensed year-round developmental day care to children from infancy through the completion of sixth grade. Children's programs at PSCC include the Infant- Toddler Therapeutic Day Care Program In addition to a developmental and academic curriculum based on identified needs and emphasizing positive self-image, PSCC offers programs and materials aimed at substance abuse prevention, child abuse prevention, and career choice information and experiences. Referrals to other community agencies and organizations are provided to all enrolled families. Operational responsibility for all PSCC programs resides with a Board of Directors. Their role includes setting program goals, policies and procedures, interviewing and hiring of staff, overseeing program activities, acting as arbiter of personnel grievances, serving as liaison to the community, and developing resources needed for program maintenances and expansion. The board is composed of 51% parents of enrolled children and 49% city and county social services professionals. PSCC also maintains two other advisory bodies. First, the PSCC parent Advisory Committee is comprised of and elected by the parents. The Advisory Committee advises the Board and staff of program development and implementation. PSCC also maintains a Program Expansion Committee, an ad hoc committee of parents, church leaders, city and county officials including a County Supervisor, and staff. The Expansion Committee advises the Board of Directors on expansion and long-range planning and assists in obtaining resources from various public and private agencies. PSCC programs have received funding from a variety of sources including both public and private agencies. Public funding has been received from the State Department of Education-Child Development Division, the Contra Costa Housing Authority, the Contra Costa County Community Development Block Grant fund, The Contra Costa Department of Social Services, the East Contra Costa County Child Protective Services 2 R r t t Office, and the City of Pittsburg Leisure Services and Recreation Departments. PSCC also has received funding from private sources including The Morris Stulstaf Foundation, The San Francisco Emergency Foundation, The East Bay Community Foundation, The Hoffman Foundation, and The Stuart Foundations. III. PROGRAM DESCRIPTION The Mother-Child Therapeutic Care Project was initiated on July 1, 1989. The project provides low-cost or no-cost, year-round therapeutic, licensed day care services Mondays through Fridays for up to twenty-four (24) infants and toddlers whose single mothers have substance abuse problems or whose families are homeless. A professional staff member provides pre-natal and post-natal assistance to mothers in substance abuse rehabilitation including life skills and training/work opportunities. Other services include: providing children with needed therapy; assisting staff volunteers in working with children; training for parents and other care givers in positive, developmental child care techniques; and coordination with and referrals to other agencies for additional services needed by the families. A. SERVICES COMPONENTS The services offered to children and families enrolled in the Therapeutic Child Care Project cover a wide range and include services in the following areas or program components: 1. Recruitment and Selection Component The.first component of activity undertaken by project staff involves the recruitment of families interested in services provided by PSCC. Because of program capacity limitations the staff must select from among the applicant families twenty-four children and mother for admission into the program. Additionally, when vacancies occur due to children completing the program and moving to a pre-school program, withdrawal by the parent, or termination by staff, the vacancies are filled by other families for whom applications have been received and who meet program eligibility requirements. While the primary criterion for eligibility is a mother who is experiencing substance abuse problems or receiving treatment, or who is homeless, secondary criteria for eligibility include: referrals from Protective Services; unemployment or employment training/preparation needs; and child or parent incapacity. 2. Health Services Compon n The project also provides a series of health screening for children enrolled in the program. Health screening include a physician's preadmission health examination prior to or within ten days of enrollment, a parents' preadmission health questionnaire, a model child care health record completed by the teacher, and documentation of required immunization of all children enrolled in the program. Once children are enrolled, they receive annual examinations through their own physicians and staff members monitor the health status of children and refer the parents and children for medial examinations of conditions warranting investigation. 3 3. Child Development Services Comnon n The project provides developmental services including a curriculum and instructional program focused on enhancement of the childrens' developmental skills and periodic testing of developmental progress at two-moth intervals using the Memphis Comprehensive Developmental Scale measuring personal-social development, gross and fine motor development, language development and perceptual-cognitive skill development. 4. Parenting Skills Training Component The parenting skills component is designed to increase the parents' or care givers' skills in positive, developmental child care techniques. Annually, the program provides a series of six to ten workshops sessions/programs for participating parents. The program regularly surveys parents and care givers to identify topics of concern or interest which can be incorporated into the workshop sessions. 5. Counseling and Referral Services Component z Counseling services are provided to both children and the parent as needed. The focus of i the counseling services are specific to the needs of the chid, parent, and family and vary widely in focus and duration depending on family need and willingness to participate in counseling sessions. The counseling is conducted by a licensed social worker employed by the program. Additionally, the program relies heavily on referrals to other local agencies and programs for counseling and services in areas of the agencies' specific expertise, such as money management, medical issues, or legal problems. 6. Food Services Component As part of its efforts to address potential deleterious effects of substance abuse among the mothers or families, the program also offers a nutritionally-balanced breakfast, lunch, and afternoon snack to all participating children either free of charge or at reduced rates ` depending on the families' eligibility status. ;1 B. STAFFING During the 1994-95 program year, the Infant-Toddler Therapeutic Care Project employed a total of nine people including one Family Counselor (part-time), two teachers (full-time), four teacher aides (full-time), one secretary (part-time), a nurse (part-time), and a bookkeeper (part-time). The Family Counselor, is a trained counselor and was responsible for program planning, i coordination, and supervision as well as providing counseling services to parents and ' students. 1 The teachers are E.C.E. certified and are responsible for the day-to-day operations of z. the infant-toddler classroom. Their responsibilities include supervision of the classroom and the four teacher aides, planning curriculum and instruction, conferring with parents, monitoring of child progress and testing, and direct work with the children. The teacher aides, employed by the project assist the teachers in their duties and provide direct instruction and supervision of the children including meals, diaper and clothing 4 changes, emotional support to the children, directing activities for the children and r related tasks. The project Secretary has been employed in the project since its inception and is responsible for the full range of clerical duties including typing and copying, record keeping, child enrollment, immunization monitoring and follow-up. The bookkeeper maintains financial records and prepares various financial reports related to program operations. The nurse visits the program on an on call basis to examine children who have been referred by the teachers for medical and health issues. Direct examinations are done and children in need of additional examination are referred to outside medical resources. In addition to the staff described above, PSCC also provides staff support through the PSCC Director, who spends approximately 10% of her time on project management, including proposal writing, liaison with funding agencies, parent and staff conferences, and overall program administration. IV. BACKGROUND CHARACTERISTICS OF CHILDREN AND FAMILIES A. CHILDREN The goals of the ITP called for the project to enroll 24 children into the program for the 1994-1995 program year. Table I-1 outlines the breakdown of infants enrolled according to gender and ethnic background. 4 ' M . 5 TABLE ENROLLEES BY GENDER AN ETM\IICITY P S.C.C. ITP 1994-95 ETHNICITY 1 GENDER PERCEN FEMALE MALE � T AGE Africian American 14 12 26 75 % Hispanic ? 4 6 20 Asian 0 0 0 0 % White 1 0 ? ( 2 Bi-Racial (Blk/Whr) 1 1 ? I�I 3 % 1 # 1� 17 3 5 TOTALS � I % j1 % 49 % 100 % 0 TABLE I-1 indicates a total of (35) children were enrolled during the program year. During the year 11 children did not complete a full year's program. As children exited the program a new child select from the waiting lost would take their place to maintain a total of 24 enrollees at all times during the year. There were 51% female and 49 % males enrolled. The ethnic majority of enrollees were African .American (75%) and the project did have a multi-ethnic population with 20 % Hispanic enrollment, 2 % White enrollment, and 3 % Bi-Racial (Black-White) enrollment. 6 XIII. SUMMARY The program history, description and services components are summarized on pagesl-5. The Infant Therapeutic Program maintained an enrollment of 24 children at all times during the 94-95 school year. As children exited the program they were replaced by the next eligible child on the waiting list. A total of 35 children were actually served. Among the reasons for exiting the program that were listed in the children's folder were transition to regular pre-school, moved, or failure to meet the criteria for eligibility recertification. The ethnic identity primarily noted were among the children was African American at (75%), Hispanic (20%) and Whites and Bi-racial (5%). On average, children spent 38.0 hours per week at the center. Sources of referrals for families eligible for the infant program included the Pittsburg Family Shelter which accounted for 31% of the referral sources. The second two most frequent referral sources were other parents in the program and social services. Public school personnel, PSCC staff, and fliers followed. The least frequent source of referral was the Dept. of Rehabilitation combined to account for 23%. Assessments of family needs are determined from the family intake report. Often the immediate family need is determined from the referral source (i.e. homeless shelter, Child Protective Services, Drug Rehab center) Social Services specifies the family's need when seeking enrollment for the child. Other eligibility criteria such as low-income focuses on the need for job training and education classes. Most families within the infant program met multiple needs criteria for eligibility. The most common need among families for infant child care was for attendance at job training programs. The second most common need was for homelessness and drug treatment dependency followed by low income working parents and child protective services referrals. An assessment of drug use during pregnancy revealed that 46% of the female parents reported using some of the addictive drugs listed on the intake form. According to the information obtained from the Denver Developmental Profile, as a group, the majority of the children showed expected developmental progress in the areas of gross motor and fine motor skills. The overall percentage of children showing expected progress is gross motor development was 67% and the overall percentage of children showing expected progress in fine motor development was 71%. Also as a group, the children showed definite developmental lags in the areas of language and social/emotional skills. In language development, 67% of the children as a while showed scores below the expected age levels and in social/emotional skills, 62% showed scores below the expected age levels Health services are carefully monitored throughout the year by reviewing immunization and physical examination charts. Children are then scheduled to bring their records current. Daily observation charts are kept to deal with immediate health problems and 20 r health related topics are included in the weekly lesson plan curriculum. Family counseling needs are assessed at enrollment and the Nurse Practitioner, Family Counselor, Case Managers, Teachers, and Administrators are available throughout the school year. Parents were offered a variety of workshops, meeting, focus groups, and educational training. Topics included: S.T.E.P. Training for parents, family conflict resolution, curriculum planning participation, how to deal effectively with social services agencies, focus groups on family issues in the 90's, taking full responsibility for your family, health concerns forum and homeownership possibilities for low-income families. Classes are also held daily throughout the year for parent GED preparation and English as a Second Language (ESL). Parents have two days per month available to them to observe positive role modeling by the teacher in the classroom. Videos on positive parenting skills are also available to parents. Prior to 1993 parents were referred to outside resources to meet their needs in addition to childcare services. Since this time, PSCC has expanded it's direct services to include a Benefits Assurance Counselor, a Homeless Case Manager, a Family Counselor, Housing Advocate Case Managers and Community Outreach Workers. Parents avail themselves .., of these resources directly at the center. Methods to measure parent progress have been identified through the parent recertification system. Parents main needs and goals were listed per enrollment and files were checked every two months to certify if these needs for child care services were being met in order to continue child care services. The main categories of need for child care services were: homelessness, low-income job training, school attendance, and drug abuse/rehabilitation. 1.. r 21 w,.n Contra Costa County Number 20-387-23 Standard Form 1/87 STANDARD CONTRACT Fund/Org (Purchase of Services) Account 4 2310 1. Contract Identification. Other 1 Y13 Department: Social Service subject: Child Day Care Resource and Referral Coordination 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following-named Contractor mutually agree and promise as follows: contractor: Contra Costa Child Care Council Taxpayer IDI 94-2383037 Capacity: non-profit corporation Address: 2450 Stanwell Drive, #110 Concord, Ca 94520 3. Term. The effective date of this Contract is July 1, 1995 and it terminates June 30, 1996 e unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ , 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. S. Project. This Contract implements in 'whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: 14A 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Ph' chelor, Clerk of thp.,Board BOARD OF VISORS of Su rs an co y 2- istrato By By — Chairman aee-i a Deputy CONTRACTOR By By President Secretary (Designate official business capacity A. ) (Designate official business capacity B. ) Note to Contractor: For corporations (profit or nonprofit) , the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code $1190 and Corporations Code S313) . All signatures must be acknowledged as set forth on page two. (C:SC-SP) Contra Costa Cgunty Standard Form (Rev. 1/95) APPROVALS/ACKNOWLEDGEMENT - Number—LO-.387-23 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL �/ B ' By y esigneegui�---— APPROVED; COUNTY ADMINISTRATOR By Designee ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On , fore me, � � �/� (insert name and title of the officer), personally appeared 11/C-1,A<-Z �,�� personally known to me (or proven to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ bscribed to the within instrument and acknowledged to me that he/sh�xecuted the eIr same in his/heruthorized capacity(ies), and that by his/h ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SL � Ge C mm#95"0en IU EA TARYPu ICAL, IA� (Seal) Signature ACKNOWLEDGEMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) 4 . Contras Costa County Standard Form 1/87 PAYMENT PROVISIONS (Fee Basis Contract) Number 20-387-23 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: (Check one alternative only. ) ] a. $ 3,045.00 monthly; or [ 1 b. $ per unit, as defined in the Service Plan; or [ ] c. $ , after completion of all obligations and conditions herein. [ J d. Payment as specified in PAYMENT SPECIFICATIONS. 2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented; (b) the Contractor has neglected, failed, or refused to furnish information or to cooperate with any inspection, review, or audit of its program, work, or records; or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State, or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within thirty (30) days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. Initials: j Contractor County Dept. (C:PP-F) 6/90 rev. Number 20-387-23 SERVICE PLAN During the term of this Contract, the Contractor will provide county wide children's day care resource and referral services to all persons requesting service, The Contractor will provide service as specified hereunder. A. Program Goal. To provide additional licensed County day care facilities to enable parents to increase economic self- support. B. Services. Contractor will provide the following services: 1. Recruit prospective day care providers. 2 . Provide child day care technical assistance, information, and referral to actual or potential licensed day care providers. 3. Refer parents and other interested persons to local day care resources. 4. Assist parents in selection an appropriated day care facility. 5. Maintain and update day care resource files. 6. Provide other appropriate information and referral services by maintaining three branch offices open to community during business hours and outreach to community group[s. C. Staff. Contractor will: 1. Employ Resource and Referral Coordinators, to be physically located in the Contractor's East, Central and West branch offices to provide services as specified in paragraph B. Services. 2 . Provided training, supervision, desk and phone access, and appropriate administrative and clerical support services to the Resource and Referral Coordinators. Initials: WZ a 61 r; Contractor County Dept. 1 Number 20-387-23 SERVICE PLAN 3 . Provide the Social Service Department with the number of newly recruited day care providers, and the number of parents and other interested persons referred to local day care resources. D. Program. Contractor acknowledges and certifies that its overall resource and referral program is operated in part under and agreement with the State Department of Education pursuant to State Budget Act and that resources and referral services provided by staff in this Contract shall in no way differ from resource and referral services provided by staff .under the aforesaid agreement with State Department of Education. Contractor agrees to notify County should said agreement with the State Department of Education cease to be effective. E. Program and Fiscal Monitoring. Contractor will cooperate with County to provide information required by County for ongoing program and fiscal monitoring. For program monitoring, Contractor will submit Quarterly program reports and annual reports to the County Social Service Department's Contracts Unit. Reports should indicate types of services provided, number of clients served and any other information Contractor deems to be important; e.g. , case anecdotes, suggestions for program modification, etc. Contractor will also provide County with copies of any of its newsletters or other special publications. Initials: C Contractor County Dept. 2 Contra Costa County Standard Form 1/87 GENBRAL COi DMONS (Purchase of Services) 1. Compliance with Lay. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable With respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and Wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records per- taining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; 'for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this Contract's funding period. Upon request. Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Boobs and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary, or to the Comptroller General, or any of their duly authorized representatives; the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code §7550, Contractor shall include in all documents or Written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. Contra Costa County Standard Form ff87 GENERAL CONDITIONS (Purchase of Services) 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may • immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable Wagner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this . Contract, Without prejudice 'to the County's rights otherwise to recover Its damages. c. Cessation-of Fuadine. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or otber non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire ApreemPnt. .This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral. or otherwise, regarding the subject matter of this Contract 'shall be deemed to exist-or to bind any of the parties hereto. 7. Further Specifications for OperaUgg Procedures. Detailed specifications of operating procddures and budgets required by this Contract, including but not limited to, monitoring,- evaluating, auditing; billing, or regulatory changes, may. be'developed and set forth in a written Informal Agreement between the Contractor and the County,, Such Informal Agreements shall be designated as such and shall not be amenaments .to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for Which this Contract is made or his designee. S. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra •Costa County Board of Supervisors or, after Board approval, by its designee, subject to: any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment_ executed by the Contractor and the County Administrator -or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for Which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. Contra Costa County Standard Form *1/87 GHNSRAL cotmin&s (Purchase of Services) 10. Choice of Lav and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Yaws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the terra hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by Camty. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by-any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of-said . performance, or payments therefor-, or any combination of these acts, shall not relieve the Contractor's obligations to fulfill this Contract as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract-and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into. subcontracts for any work contemplated under .this Contract and shall not assign this Contract or*monies due or to become due, Without the prior written consent.of the County Administrator or his designee, subject to any -required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers; partners, associates, agents, and employees shall not make, participate in making, or in any way attempt to use the position afforded thea by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any, public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. -3- Contra Costa County Standard Form 1A S GENE AL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a mis- demeanor. 17. Nondiscrfmfnatorg Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, indemnify, save and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or. injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or-its agents, servants,. employees or-subcontractors hereunder, save and . except claims or litigation-arising through the sole negligence or sole.willful misconduct of .the County or its officers or employees. Contractor will reimburse the County for, any expenditures, including reasonable attorney's fees, the County may make by reason of the-matters- that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire terse of this Contract.-and any extension or -modification thereof, the Contractor shall keep in effect insurance policies meeting the - following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall-provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. -Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self-insurance progran(s) shall not be. iequired to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Co�sation. The Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certific2te(s) of insurance evidencing liability and workers' compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renes: the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. Contra Costa County Standard Fornf 1187 GENERAL CONDITIONS (Purchase of Services) d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States wail, postage prepaid. Notices to the Comity shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the he-ad' of the County Department for which this Contract -is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no represen- tation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the' same person, or if this Contract results in the placement of taxable improvements-on tax exempt land (Revenue & Taxation Code §107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the•payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. -5- / Contra Costa County Standard Form 10-90 GENERAL CONDITIONS 26. Federally Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal year, from any source. Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form and manner: required by the most current version of Office of Management and Budget Circular A-133 -and by County: If Contractor is funded by $100,000 or more In federal grant funds in any fiscal year from any source. Contractor shall arrange for conduct of the federally-required audit annually and shall submit the audit to County in the time, for, and manner required -by the most current version of Office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may Withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from the Contractor until County receives the audit from Contractor. GEN-CON -6- Federal Funds Disk 30A 09/11/95 CONTRA COSTA CHILD CARE COUNCIL CONTRA COSTA COUNTY BUDGET RESOURCE &REFERRAL BUDGET INCOME Contract 36,5-30 TOTAL INCOME 36,530 EXPENSES Provider Payments Personnel 25,292 Occupancy 3,386 Supplies 318 Other Costs 7,534 TOTAL EXPENSES 36,530 1CCC95.wk3 1. 4 Contra Costa County Number 21-185-1 Standard Form 1/87 STANDARD CONTRACT Fund/Org t 5000 (Purchase of Services) Account 2310 1. Contract Identification. Other # Department: Social Service subject: Parent zhoice child care subsidies to low-income working parents 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following-named Contractor mutually agree and promise as follows: contractor: Contra Costa Child Care Council Taxpayer ID�94-2383037 Capacity: Nbn-profit corporation Address: 2450 Stanwell Dr. #110 Concord, Ca 945M 3. Term. The effective date of this Contract is July 1, 1995 and it terminates June 30, 1996 unless sooner terminated as provided herein. d. Payment Limit. County's total payments to Contractor under this Contract shall not exceed 5 113.770 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached, hereto, which are incorporated herein by reference. S. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: NA S. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000 LO. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA. CALIFORNIA ATTEST: Ph' chelor, Clerk th and 30ARD OF SUPERVISORS o S rs an Couat 'strator, 4 iy By C airm Deputy R CONTRACTOR 3y By President Secretary t'Designate official business capacity A. ) (Designate official business capacity B. ) rote to Contractor: For corporations (profit or nonprofit), the contract must be signed by two )fficers. Signature A must be that of the president or vice-president and Signature B must be :hat of the secretary or assistant secretary (Civil Code $1190 and Corporations :ode S313). All signatures must be acknowledged as set forth on page two. (C:SC-SP) Contra Costa County Standard Form (Rev. 1/95) APPROVALS/ACKNOWLEDGEMENT - Number 21-185-1 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By-74 f Designee --- APPROVED: COUNTY ADMINISTRATOR By signee ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On before me, (insert name and title of the officer), personally appeared �l'i/moi' � �� ,¢r�D A I k cvIaldc personally kmW to me (or proven to me on the basis of satisfactory evidence) to be the person(s) whose 1.17 N name(s) 'isfare siftbscribed to the within instrument and acknowledged to me that he/sh ey xecuted the same in his etj0e authorized capaci (ies) and that by his/her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. UGarrh M.VanRooyen 1113 WITNESS MY HAND AND OFFICIAL SEAL 1911NOTAR� ,8�CONTRA +r ,.E== 17,1'�ae� (Seal) ff Signature ACKNOWLEDGEMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) Number 21-185-1 SERVICE PLAN During the term of this contract, July 1, 1995 through June 30, 1996, the Contractor will provide parent choice child care subsidies to low income working parents who are residents of Contra Costa County at the level of approximately twenty three (23) Family Units served. A. Program Goal The goal of this contracted service is to assist low income working parents to maintain their independence from Aid to Families with Dependant Children (AFDC) by providing parent choice subsidies on a sliding fee scale basis. "Low income" is defined as having monthly income which is at or below 84% of the state median income adjusted for family size. B. Eligibility for Services The Contractor will provide client services applying the same eligibility criteria and program requirements as those contained in the Terms and Conditions of the Contractor's current contract with the California Department of Education for administration of the (federal) Title IV-A At Risk Child Care Program, with the following three exceptions to those criteria: 1. The Title IV-A preferences for serving former Transitional Child Care (TCC) recipients and emancipated teen parents will not be. applied. 2. When a program recipient loses his/her job, the child care subsidy need not be terminated. Eligibility for the subsidy may continue for up to sixty (60) working days while the parent searches for a new job. 3. No subsidy can be paid for child care in a facility where religious instruction or worship is conducted during the time child care is being provided. Initials: `9' ae��Y. Contractor County Dept. 1 Number 21-185-1 SERVICE PLAN C. Provider Payment Limits and Reimbursement The Contractor will pay providers at the same rate they charge non-subsidized families or at the 75th percentile of local market rates, whichever is less. D. Payment and Reporting Requirements The Contractor will submit a monthly claim for reimbursement of expense in conformity with the attached Payment Provisions. Attached to each monthly reimbursement claim will be a listing of families served, providers paid, and the amounts paid during that month. E. Budget The Budget of Estimated Program Expenditures is attached as Attachment A and is made a part here to. Contract budget allocations for direct services must constitute eighty (80%) of the contract expenditures. F. Payment Limit The Payment Limit for this contract is $113 ,770. Initials: Contr ctor County Dept. 2 mt,ra Cb-pta County PAYHENT PROVISIONS (Cost Basis Contracts) Number 21-185-1 Payment Basis. Subject to the Payment Limit, payments to the Contractor for all ervices provided for County under•this Contract shall only be for costs that are allowable osts that are actually incurred in the performance of Contractor's obligations under this .ontract. 1. Payment Amounts. Subiect to later adjustments in total payments as provided below, and ;ubject to the Payment Limit of this Contract, County will pay Contractor as full compen- ;ation for all services, work, expenses or costs provided or incurred by Contractor: ;Check one alternative only) [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. An amount equal to Contractor's allowable costs that are actually incurred each month, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. [ d. As set-forth in ft Fait Pmdsicns of V,-e Ste,tv� Paan 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: (Check applicable Alternative) j ] a. Department of Health & Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and other documents specified in the Service-Plan regarding principles" for determining and allocating the allowable. costs of providing the services; and' any standards set forth in the Service Plan for determining the allowability of selected items of costs of-providing the services. [ ] Federal Management Circular A-87, including any amendments to the circular published in the Federal Register by OMB is to be used ,for determining allow- able costs of activities conducted by state and local governmental agencies. { ] OMB Circular A-122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals). [ ] 41 CFR, Subpart 1-15.2 shall be used for profit organizations other than hospitals. [ ] OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than: =for-profit institutions). i [ ] Appendix E. Subpart Q Section 74.173 shall be used for determining costs of researcli, development vork, -and other.activities for determining allowable costs; - - - - or [ J b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or - - non-allowable costs. Initials: ---,�— Contractor County Dept. -1- -- ontra Cbsta County y PAYMENT PROVISIONS (Cost Basis Contracts) Number 2145-1 ' { ] c. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674, Section.674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, Section 505.4 and any amendments thereto. i. Payment Demands. Contractor shall submit written demands. Said demands shall be made :)n County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand . is based were actually rendered. Upon approval of said payment demands by the, head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. 5. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 4. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California..or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 6. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 7. Cost Report and Settlement. No later than forty-five (45) days following the termi- nation of this Contract, Contractor shall submit to County a cost report in the-form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. I£ said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, subject nevertheless to the Payment Limit of this contract, County will remit any such excess amount to Contractor, provided that the payments made, together with any such.excess amount, may not exceed the Contract Payment Limit. If said cost report shows that the payments made by County exceed the allowable *costs that have actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. 8. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies, or contracts, but in no event later than 90.days from, the termination date of this Contract. If such audit(s) show that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement), then Contractor shall pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been i-ncurred.by Contractor under this Contract exceed the vayments made by County, including any adjustments made pursuant to Paragraph 6. (Cost Report 2nd Settlement), then County agrees to pay to Contractor any such excess amount, provided that the payments made, together with any such excess payment, may not exceed the Contract Payment Limit. 9. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate.-county, State, or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State •and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its oblig2tions under this Contract. -�- Initials: C '� u�pnt_ Contra Costa Count• Standard Form 1/87 GSN$RAL CON MONS (Purchase of Services) 1. Compliance with Lair. Contractort shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages,'hours and conditions of employment, including nondiscrimination. 2. DMImction. Contractor's performance, place of business and records per- taining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report;-for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this Contract's funding period. Upon request, Contractor shall make •these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor Subooatractor. Pursuant to Section 1861(v (1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon Written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary, or to the Comptroller General, or any of their duly authorized representatives; the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in_addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the :-,eirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code §7550, Contractor shall include in all documents or written -reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all cent_racts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. ontra Costa County Standard Form i/8h GFMERAL CONDITIONS (Purchase of Services) 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their ole discretion, upon thirty-day advance written notice thereof to the other, and may be ancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may =mediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination. the County may proceed dth the work in any reasonable magner it chooses. The cost to the County of completing ;ontractor's performance shall be deducted from any sum. due the Contractor under this . ;ontract, without prejudice -to the County's rights otherwise to recover its damages.. c. Cessation-of FvadinR. Notwithstanding Paragraph S.a. above$ in the event :hat Federal, State, or other non-County funding font this Contract ceases, this Contract Ls terminated Without notice. 6. Entire t. .This Contract contains all the terns and conditions agreed 1pon by the parties. Except as expressly provided herein. no other understanding, oral- sr otherwise, regarding the subject matter of I this Contract 'shall be deemed to exist-or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not,limited to, monitoring,- evaluating, auditing; billing, or regulatory changes, may.be developed and set forth in a written Informal Agreement between the Contractor and the. County, Such Informal Agreements shall be designated as such and shall not be amendments ,to this Contract except to the extent that they further detail or clarify that which is already required hereunder. - Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amwd._.rnts. a. General Amendmeats. This Contract may be modified or amended by a Written document executed by the Contractor and the Contra Costa County Board of Supervisors or., after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment. executed by the Contractor and the County Administrator -or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be. subjec-t_ to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures-, (if any) required by the State or Federal Government. -2- a t ! Contra Costa County Standard Form 1/II7 GOAL CONDITIONS (Purchase of Services) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance With Federal and State Regulations and Luis. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof. this Contract shallbe deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by Couatg. Subject to paragraph 9. (Dispute's) of these General Conditions, inspections or approvals, or statements by.any officers agent or employee of the County indicating the Contractor's performance or any part thereof complies Kith the requirements of this Contract, or acceptance of the Whole or any part of-said - performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligations to fulfill this Contract as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract-and Assi mwnt. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter luta subcontracts for any work contemplated under .this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any'required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers; partners, associates, agents, and employees shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in Which he or sbe knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records: .or services provided them, and assures that: a. All applications and records concerning any individual made of tient by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. -3- a ontra Costa County Standard For 1188 ' GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or lisclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents )artners of the above provisions, and that any person knowingly and intentionally lisclosing such information other than as authorized by law may be guilty of a mis- lemeanor. 17. Nondis torr Services. Contractor agrees that all goods and services ander this Contract shall be available to all qualified persons regardless of age. sex, race, religion, color, national origin, or ethnic background. or handicap, and that none shall be used, in Whole or in part, for religious Worship or instruction. IS. Indemnification. The Contractor shall defend, indemnify, save and hold harmless the County and its officers and esaployees from any and all claims, costs and liability-for any damages, sickness. death, or. injury to person(s) or property. including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or-its agents, servants,. employees or-subcontractors hereunder, save and . except claims or litigation-arising through the sole negligence or sole-Willful misconduct of the County or its officers or employees. Contractor will reimburse the County for, any expenditures, including reasonable attorney's fees. the County may make by reason of the-matters that are the subject of this indemaification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sale cost and expense of the Contractor. 19.. Insurance. During the entire term of this Contract.-and- any extension or vwdification thereof. the Contractor shall keep in effect iasiv=ce policies meeting the . following insurance requirements unless otherwise expressed in the Special Conditions:- a. Liability Insurance. The Contractor shall-provide comprehensive liability insurance,, including coverage for owned and non-owned automobiles, with a minimum - combined single limit coverage of $500,000 for all damages. including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self-insurance progran(s) shall not be• =equired to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. c. Certificate of Insurance. The Contractor shall provide the County with (a) certificate s) of insurance evidencing liability and workers' compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renes: the insurance policy(ies) or acquire either a nes: insurance pulicy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate s) of insurance. Contrg'Costa County Standard Form GENERAL CONDMONS (Purchase of Services) d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the Comity shall be addressed to the head of the County Department for Which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other deliyery, except that the effective date of notice to the County shall 'be the date of receipt by the head of the County Department for Which this Contract -is made. 21. Primacy of General Conditions. Except for Special Conditions vhiah expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no represen- tation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all- rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the* same person, or if this Contract results in the*placement of taxable 3nprovements•on tax exempt land (Revenue & Taxation Code §107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the-payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the.County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without 'the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the. Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-free, nonexclusive; and irrevocable license to reproduce, publish, and use-such_ materials, in whole or in part, and to authorize others to do so. (C:C Contra Costa County Standard Form 10-90 GENERAL CONDMONS 26. Federally Required Audit_ If Contractor is funded by $25,000 or more in federal grant funds in any fiscal year, from any source. Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form and manner: required by the most current version of Office of Management and Budget Circular A-133 -and.by County. If Contractor is funded by $100.000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit annually and shall submit the audit to County in the time, for, and manner required -by the most current version of Office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, And County may withhold the estimated cost of the audit or 10 percent of the contract amoisnt, whichever is larger, or the final payment, from the Contractor until County receives the audit from Contractor. GLN.CON -6- Federal Funds Disk 30A • 09/11/95 CONTRA COSTA CHILD CARE COUNCIL CONTRA COSTA COUNTY BUDGET CHILD CARE FUND BUDGET INCOME Contract 113,770 Parent Fees 2,500 TOTAL INCOME 116,270 „ EXPENSES Provider Payments 93,016 Personnel 15,341 Occupancy 1.985 Supplies 186 Other Costs 5,742 TOTAL EXPENSES 116.270 1CCC95.wk3