Loading...
HomeMy WebLinkAboutMINUTES - 12052006 - C.115 TO: BOARD OF SUPERVISORS # .` `;, CONTRA COSTA 11 yY FROM: John Cullen a`#"''10 County Administrator 9c a a � , Qyy�' COUNTY O�`4,COtJI`tT�G /� DATE: December 5, 2006 SUBJECT: Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program Award contracts to encourage communities to adopt a coordinated community response in the treatment of domestic violence as a serious violation of criminal law. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONN: APPROVE and AUTHORIZE the County Administrator, or designee, to execute contracts with the agencies listed below, not to exceed a total amount of $704,760, for Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program Award, Federal Grant Award Number 2004-WE-AX-0015, for the period September 1, 2006 through August 31, 2008. Contractor Re ig_on Payment Limit STAND! Against Domestic Violence Central County $343,053 Superior Court of California, Contra Costa County Central County $245,175 Bay Area Legal Aid West County $116,532 FINANCIAL IMPACT: No County Costs; Budgeted $704,760: 100% Federal Funds. CHILDREN'S IMPACT STATEMENT: Services to be offered through these contracts supports three of Contra Costa's community outcomes ("Children and Youth Healthy and Preparing for Productive Adulthood", "Families that are Safe, Stable and Nurturing" and "Communities that are Safe and provide a High Quality of Life") through coordinated intervention services designed to reduce domestic and family violence and elder abuse. CONTINUED ON ATTACHMENT: _X_YES SIGNATURE: L46COMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOA OMMITTEE .,,APPROVf _OTHER t SIGNATURE(S): 9-r-noz " /_4� ACTION OF BO ON APPROVED AS RECOMMENDED OTHER AYES: 1,II,III,V NOES:NONE I HEREBY CERTIFY THAT THIS IS A ABSENT:NONE U TRUE AND CORRECT COPY OF AN ABSTAIN:NONE ACTION TAKEN AND ENTERED DISTRICT IV SEAT IS VACANT ON MINUTES OF THE BOARD OF VUPERVISORS ON THE DATE SHOWN. ATTESTED /U f�✓(�( t JOHN CULLEN;CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact:Devorah Levine 335-1017 / cc: Devorah Levine,CAO Rebecca Hooley,County Counsel BY r ,DEPUTY Gloria Sandoval,STAND!Against Domestic Violence via CAO Martha Rosenburg,Superior Court Jaclyn Pinero,Bay Area Legal Aid,via CAO BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On August 28, 2006 the County was notified of its $1,317,924 award under GTEA funding from the U.S. Department of Justice, Office on Violence Against Women. Since 1997, the "Grants to Encourage Arrests" program has been successfully implemented in Contra Costa County by the City of Antioch in collaboration with STAND! Against Domestic Violence (a community-based domestic violence agency), the District Attorney, Probation, and law enforcement and then, beginning in 2004, by the County's Zero Tolerance initiative. Under the supervision of the County Administrator's Office, the GTEA program began centralizing and institutionalizing a coordinated community response and expanded partner collaboration, including the Superior Court. Cont:-a Costa County STANDARD CONTRACT Number 48260 Standard Form L-1 (Purchase of Services-Long Form) Fund/Org# 5560 Revised 2002 Account # 2310 Other# 1. Contract Identification. Department: Office of the County Administrator Subject: Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program 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: STAND! Against Domestic Violence Capacity: Non-Profit Corporation Address: 1410 Danzig Plaza, 2"d Floor, Concord, CA 94520 3. Term. The effective date of this Contract is September 1, 2006. It terminates on August 31. 2008 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 343,053.00. 5. Countvs 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 Oblisations. 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. 8. Proiect. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Not Applicable L-1 (Page 1 of 2) I Contra Costa County STANDARD CONTRACT Number 48260 Standard Form L-1 (Purchase of Services-Long Form) Revised 2002 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Government Code Section 31000 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By By Chairman/Designee Deputy CONTRACTOR Name of business entity Name of business entity By (Signature of individual or officer) By (Signature of individual ar afficer) (Print name and title A, if applicable) (Print name and title B, if applicable) 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 Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L2. L-1 (Page 2 of 2) Contra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services-Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: . Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On before me, insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the widen instrument and acknowledged to me that he/she/they executed the same in his/her/their audiorized capacity(ies), and that by lus/ller/their signature(s) on the instrument die person(s), or the entity upon behialf of wlich the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individu4 (Civil Code S1 189) Lr2 ( Page 1 of 1) i Contra Costa County SERVICE PLAN OUTLINE Number 'Standard Form L3 (Purchase of Services•Long Form) Revised 2002 SERVICE PLAN I. SCOPE OF SERVICES The primary purpose of the Project is to encourage communities to adopt a coordinated community response in the treatment of domestic violence as a serious violation of criminal law. The goals and objectives of the Project are: (a) Improve the capacity of law enforcement policies and practices to encourage arrest of domestic violence perpetrators and hold them accountable post conviction. (b) Strengthen legal advocacy for each victim by providing early and continuing information and support. (c) Improve judicial decision-making. II. SERVICES TO BE PROVIDED BY STAND! AGAINST DOMESTIC VIOLENCE (Contractor) A. Primary Services During the term of this Agreement, Contractor will provide the following services: 1) Assistance to victims of domestic violence by bilingual advocates in the prosecution of 250 felony and 400 misdemeanor domestic violence cases. In carrying out these duties, domestic violence advocates will work on site at police departments, the County District Attorney's offices, and at the County Misdemeanor Domestic Violence courts. 2) Advocacy and support for 650 domestic violence victims (where a police report has been prepared by law enforcement) by accompanying domestic violence victims to court proceedings, providing the victims with safety planning training, and providing victims with information concerning comprehensive services for victims of domestic violence. 3) Training of 1,000 officers and 108 dispatchers from multiple law enforcement jurisdictions in the County concerning how to respond to calls regarding domestic violence. B. Administrative Services. The Contractor will provide Project management and general administrative services to support the Project as described above. Administrative support includes but is not limited to the following: (1) data collection and analysis; (2)preparation and submission of reports (see section 11I); (3) budget preparation and submission of demands for reimbursement to Becca Moody, Zero Tolerance for Domestic Violence, 651 Pine Street, I Ith Floor, Martinez, CA 94553; and(4) any other function that will ensure compliance with grant requirements and applicable federal regulations as expressed herein. The. Contractor is responsible for employing qualified staff necessary to carry out the Project. L-3 (Page 1 of 4) i III. REPORTING PROCEDURES A. Contractor agrees to collect and maintain data that measure the effectiveness of the activities funded under this Contract. B. Contractor agrees to submit semi-annual electronic progress reports on Project activities and Project effectiveness measures (http://muskie.usm.main.edu/vawamei/fonngtea.htm). Information that the contractor submits must include,but is not limited to: 1)number of persons served; 2) number of persons seeking services who could not be served; 3) number and percentage of arrests relative to the number of police responses to domestic violence incidents; 4)number of protection orders issued; and 5) number of victim advocates supported by grant funding. Reports for each semi-annual period covered during the term of this Contract are due as follows: Period to be covered Due Date July 1, 2006 through December 31, 2006 January 14, 2007 January 1, 2007 through June 30, 2007 July 15, 2007 July 1, 2007 through December 31, 2007 January 14, 2008 January 1, 2008 through June 30, 2008 July 15, 2008 July 1, 2008 through August 31, 2008 September 16, 2008 IV. PAYMENT PROCEDURES Payments will be made on a reimbursement basis for eligible expenses actually incurred by the Contractor up to the full amount of this Contract. However, it is expressly agreed and understood that the total amount to be paid under this Contract shall not exceed $343,053.00. The Contractor shall request reimbursement by submitting Demands (D-15 Form attached as attachment C) for actual costs incurred pursuant to this Contract. The Office of the County Administrator(CAO) will reimburse eligible expenses based upon information submitted consistent with the approved grant budget (attached hereto and made a part hereof as Exhibit 1) and with County policy concerning payments. Demands must include the following information: A. A Personnel Expense Summary (see attachment A), summarizing time worked on the Project by each staff person and detail corresponding monthly salary and benefit costs for staff working on the Proj ect. B. An Operating Expense Summary (see attachment B), summarizing the amounts being claimed for reimbursement along with the corresponding vendor references, payment dates and check number, the amounts being claimed for reimbursement along with the corresponding vendor references, payment dates and check numbers. C. The Demand, including a description of work completed, date completed, amount being claimed for reimbursement, and an original signature in blue ink signed by a person who can legally bind the organization. Demands must be submitted on a monthly basis. Reimbursement is contingent upon the timely submission of invoices. Upon approval of the monthly demand,the CAO will submit the demand to the County Auditor's Office for a check to be sent to Contractor. L-3 (Page 2 of 4) i V. Documentation and Record-Keening A. Records to be Maintained. The Contractor shall maintain all records that are pertinent to the activities to be funded under this Contract. Such records shall include but are not limited to: (1) Records providing a full description of each activity undertaken; (2) Financial records; (3) Other records necessary to document compliance. B. Retention. The Contractor shall retain all records pertinent to services performed and expenditure incurred under this Contract for a period of five (5)years after the termination of all activities funded under this Contract. C. Client Data. The Contractor shall maintain client,data for services provided. Such data shall include, but is not limited to, client gender, client home city, and description of service provided. Such information shall be made available to federal auditors or their designees for review upon their request. VI. SPECIAL CONDITIONS • The Contractor agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. • The Contractor agrees to comply with the organizational audit requirements of U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. • The Contractor agrees to comply with all relevant statutory and regulatory requirements including, but not limited to,the Violence Against Women Act of 1994, P. L. 103-322,the Violence Against Women Act of 2000, P. L. 106-386, the Safe Streets Act, 42 U.S.0 3711 et seq., and STOP Violence Against Women Formula and Discretionary Grants Program Final Rule, 28 CFR Part 90. • The Contractor agrees that grant funds will not support activities that may compromise victim safety, such as: pre-trial diversion programs or the placement of offenders charged with crimes of domestic violence in such programs; mediation, couples counseling, family counseling or any other manner of joint victim- offender counseling; mandatory counseling for victims of domestic violence; forcing the victims to testify against their abusers; or the placement of perpetrators of domestic violence in anger management programs. • All materials and publications (written, visual, or sound) resulting from award activities shall contain the following statements: "This project was supported by Grant No. 2004 WEAX 0058 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s)and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women." • The Contractor will provide Becca Moody, Zero Tolerance staff, 651 Pine Street, 11'' Floor, Martinez, CA 94553, with the agenda for any training seminars, using grant funds. The contractor must receive prior approval from the Department of Justice's Office on Violence Against Women(OVW) before using OVW grant funds to attend any training,workshops, or conferences not sponsored by OVW. L-3 (Page 3 of 4) • Contractor agrees to use grant funds to strengthen legal advocacy service programs for victims of domestic violence and dating violence, including strengthening assistance to such victims in immigration matters. Grant funds may not be used to provide long-term or short-term legal representation. • Contractor understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the express prior written approval of OVW. Contractor County Dept. L-3 (Page 4 of 4) Contra Costa County Number Standard Form L-4 SPECIAL CONDITIONS Revised 2002 (Purchase of Services - Long Form) 1. Withholdine and FICA Deductions. Notwithstanding Paragraph 14 of the General Conditions of the Standard Contract(Purchase of Services-Long Form), or Paragraph 10 of the Standard Contract (Purchase of Services-Short Form), for purposes of withholding state and federal taxes and Social Security only from payments due, the Auditor-Controller will make deductions for these purposes. Contractor is not a County employee. Contractor further understands that County has no obligation to provide, and Contractor will not be provided fringe benefits, including but not limited to,vacation, sick leave, retirement, and health plan coverage. County will provide worker's compensation coverage and unemployment insurance if County has the richt to control the way in which Contractor's work is done. 2. Modified Insurance Requirements. Paragraph 19 (Insurance) of the General Conditions is deleted and replaced with: a. Automobile Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect a policy or policies of motor vehicle liability insurance, naming the County and its officers and employees as additional insureds, for any use Contractor makes of a private automobile in the performance of this Contract, as required by State law, in amounts not less than: i. $100,000 for personal injury to, or death of one person; ii. $300,000 for injury to, or death of, two or more persons, per occurrence; and iii. $500,000 for property damage. b. Insurance Certificate. Not later than the effective date of this Contract, Contractor shall provide County with a certificate(s) of insurance evidencing the above liability insurance. The policies shall include a provision for thirty(30)days written notice to County before cancellation or material change of the above-specified coverage." c. Proof of Insurance. Contractor shall provide County with (a) copy(ies) of the endorsement(s) making the County an additional named insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. If Contractor should renew the insurance policy(ies) or acquire either(a) new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy(ies) at any time during the term of this Contract, then Contractor shall provide County with(a) current copy(ies) of the endorsement(s). d. Professional Liability Insurance. The Contractor shall provide professional liability insurance with a minimum coverage limit of$500,000 for all damages or losses because of errors, omissions, or malpractice arising from the provision of professional services under this Contract." Form L-4 (Page 1 of 1) I Contra Costa County GENERAL CONDITIONS Standard Form 115 (Purchase of Services-Long Form) Revised 2003 1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal,state and local laws mid regulations with respect to its performance under this Contract, including but not limited to, licensing, employment aid purchasing practices; mid wages, hours and conditions of employment, including nondiscrimination. 2. Inspection Contractors performance, place of business mid records pertaining 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 mid copying by authorized representatives of the County, the State of California, and the United States Govennmennt, the Contractors regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractors 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. overnmentb. Access to Books and Records of Contractor. Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, mid 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 County, the Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor necessary to certify the nature and extent of all costs aid 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-mouth period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives,the subcontract mud books,documents,and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any mid all other terms regarding the maintenance or retentionof records wider this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed mrd submitted to County in accordance with this Contract,a separate section listing the numbers mid dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report 'Phis section shall apply only if the payment limit under this Contract exceeds $5,000. 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party,in its sole discretion,upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent Lr5 (Page 1 of 6) Contra Costa County GF.NF.RAL CONDITIONS Standard Form 1-5 (Purchase of Services-Long Forma Revised 2003 b. Failure to Perform County,upon written notice to Contractor,may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. Inn the event of such termination, County may proceed with the work un any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. c. Cessation of Funding. Notwithstanding Paragraph 5.a.above,in the event that federal,state,or other non-Comity funneling for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement 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 bund any of the parties hereto. 7. Further Specifications for Operating Procedures. Derailed specifications of operating procedures and budgets required by this Contract,including but not limited to,monitoring,evaluating,auditinng,billing,or regulatory changes,may be developed and set forth ill a written Informal Agreement between Contractor and County. 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. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid 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 its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by 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 maybe amended by a written administrative amendment executed by Contractor and the County Administrator(or designee), subject to any required state or federal approval, provided that such administrative amendment may not materially charge the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made,or his designee,or un accordance with the applicable procedures (if any)required by the state or federal government 10. Choice of Law and Personal_Turisdiction a. This Contract is made in Contra Costa County and shall be governed and construed un accordance with the laws of the State of California. b. Array action relatinng to this Contract shall be instituted and prosecuted in the counts of Contra Costa County,State of California. 1,5 (Page 2 of 6) Initials: Contractor County Dept. Contra Costa County GF.NF.RAL CONDMONS Standard Form Ir5 (Purchase of Services-Long Form) Revised 2003 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions,inspections or approvals,or statements by any officer, agent or employee of Comity indicating Contractors 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 Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped 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 bunds the heirs, successors, assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to ally required state or federal approval, is required before the Contractor may enter into subcontracts for ally work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not untended to aid 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 un making,or in ally way attempt to use the position afforded them by this Contract to influence ally governmental decision in which they know or have reason to know they have a fmancial'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 al id 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 conuiection 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. 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 and 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 misdemealnor. 17. Nondiscriminatory 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, ethnic background, disability, or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees from ally and all claims, costs alnd 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 Ir5 (Page 3 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form fs5 (Purchase of Services-Long Form Revised 2003 the operations or services of 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 County or its officers or employees. Contractor will reimburse County for any expenditures,including reasonable attorneys'fees,County may make by reason of the matters that are the subject of this indemnification, mid,if requested by County,will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed un the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is$500,000 or less, 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 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 County,the state and federal governments,and their officers,agents,and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable,all professional liability insurance policies as required herein no later than the effective data of this Contract b. Workers'Compensation. 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 renew 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. d. Additional Insurance Provisions. The insurance policies provided by 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 un writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to Contractor shall be addressed to the Contractors address designated herein. The effective date of notice shall be the date of deposit un the mails or of other delivery,except that the effective date of notice to 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 which expressly supersede General Conditions,the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 1,5 (Page 4 of 6) Initials: Contractor County Dept. Contra Costa Comity GENERAL CONDITIONS Standard Form 1,5 (Purchase of Services-Long Form) ,Revised 2003 22. Nonrenewal. Contractor wnderstands and agrees that there is no representation,implication,or wnderstanding that the services provided by Contractor wider this Contract will be purchased by County wider 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 purchasing all or any such services from Contractor. 23. Possessory Interest If this Contract results in Contractor having possession of,claim 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 Section 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor maybe 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 Section 107.6,and waives all rights to further notice or to damages wider that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services wider this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of untended 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, County reserves the right to copyright, and Contractor agrees not to copyright, such material. If the material is copyrighted,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. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial productwithout the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractors presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors,County officers,or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit (A) If Contractor is funded by$500,000 or more in federal grout funds in any fiscal year ending after December 31, 2003 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. (B) If Contractor is funded by less than$500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit requirements for that year, however, Contractors records must be available for and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO), the pass-through entity and/or the County. If any 1,5 (Page 5 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form 1,5 (Purchase of Services-Long Form) ,Revised 2003 such audit is required, Contractor shall provide County with such audit With respect to the audits specified un (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, annd for its cost County may withhold the estimated cost of the audit or 10 percent of the contract amomnt, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representatives) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter unto this Contract and perform the obligations hereon. Lr5 (Page 6 of 6) Initials: Contractor County Dept. Contra Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts-Long and Short Form) Revised 2002 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. $ monthly, or ❑ b. $ per unit, as defined in the Service Plan, or ❑ c. $ after completion of all obligations and conditions herein. ® d. Odier: As defined in Service Plan. 2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-151 the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of die month in which die contract services upon which such demand is based were actually rendered. Upon approval of payment demands by die head of die County Department for which dis Contract is made, or his designee, County will make payments as specified in Paragraplh 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above,County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by die delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractors performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) 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 resulting from its performance of tis Contract Widin 30 days of demand, Contractor shall pay County the full amount of County's obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent such are attributable to Contractor's failure to perform properly any of its obligations under tis Contract. Initials: Contractor County Dept Form P-1 (Page 1 of 1) Grants to Encourage Arrest Policies and Enforcement of Protection Orders Budget&Budget Narrative 2006-2008 EXHIBIT 1 Figures based on 2 year period Name of Contractor Total Budget STAND! Against Domestic Violence (STAND!) $343,053 Full-Time Equivalent STAND! Personnel (FTE) Computation Amount ($60,000/yr. x .30 FTE x Regional Director 0.30 2 yrs) $36,000 ($46,000/yr. x .45 FTE x Intervention Services Manager 0.45 2 yrs.) $41,400 Domestic Violence Advocate/ ($33,000/yr. x 2.0 FTE x Caseworker 2.00 2 yrs.) $132,000 ($35,554/yr. x .20 FTE x Regional Office Coordinator 0.20 2 yrs.) $14,222 ($120,915/yr. x .05 FTE x Executive Director 0.05 2 yrs.) $12,092 Total Personnel 3.00 $235,714 Computation (Total personnel expense x percent STAND! Fringe Benefits Rate benefit) Amount FICA 7.65% ($235,714 x 7.65%) $18,032 Medical 8.55% ($235,714 x 8.55%) $20,154 Workers Comp 4.00% ($235,714 x 4.00°/x) $9,429 SUI 3.00% ($235,714 x 3.00%) $7,071 Pension plan 2.00% ($235,714 x 2.00°/x) $4,714 Total Fringe Benefits 25.20% $59,400 STANDI Non Personnel Expenses Computation Amount Audit fees $10,000 Insurance $14,000 Staff Training $3,000 Program Materials (brochures, resource cards) $2,000 Communications (telephone, Internet) $8,000 (425mi/mo x $.445/mi x Local Travel - Mileage 24 months) $4,539 Office Supplies ($100/mo x 24 months) $2,400 Clients Assist. (Bart tickets, food, etc.) $4,000 Contra Costa County-Budget Narrative—Page 1 of 4 Dun&Bradstreet Number 05-034-5883-0586 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Grant—Office on Kolence Against Women-USDOJ Grants to Encourage Arrest Policies and Enforcement of Protection Orders Budget& Budget Narrative 2006-2008 EXHIBIT I TOTAL STAND! OTHER $47,939 TOTAL STAND! $343;053 Contra Costa County-Budget Narrative—Page 2 of 4 Dan&Bradstreet Number 05-034-5883-0596 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Grant—Office on Piolence Against Wonzen-USDOJ Grants to Encourage Arrest Policies and Enforcement of Protection Orders Budget&Budget Narrative 2006-2008 EX MIT 1 CONTRA COSTA COUNTY,CALIFORNIA ZERO TOLERANCE FOR DOMESTIC VIOLENCE INITIATIVE BUDGET NARRATIVE Period: 2 Years STAND! Against Domestic Violence-$343,053 Sole Source Justification: STAND!Against Domestic Violence is the sole provider and leader in domestic violence services in Contra Costa County and integral to all efforts related to domestic violence. Regional Director- STAND! Against Domestic Violence- $36,000 Irit Umani will direct STAND's programs for the Zero Tolerance GTEA proposal. The Regional Director oversees all services in the respective regions and maintains relationships with local law enforcement, District Attorney's office, and other collaborative partners. The Regional Director will serve on the Implementation Team. The Regional Director will provide training to law enforcement in multiple jurisdictions in the county. Salary figure is based on $60,000 annual at (.30) FTE to total $18,000 (per year) and$36,000 for 2 Years. Intervention Services Manager- STAND! Against Domestic Violence- $41,400 Usha Ramachadran, the (.45) FTE Intervention Services Manager hires and directly supervise the Domestic Violence (DV) Advocates. She will coordinate contacting domestic violence victims named on police reports and dispatching emergency response teams to law enforcement. Salary figure is based on $46,000 annual at(.45)FTE to total $20,700 (per year) and $41,400 for 2 Years Domestic Violence Advocates - STAND! Against Domestic Violence- $132,000 Christina Gaines and Irene van der Laan, the 2.0 FTE DV Advocates will provide victims of domestic violence with advocacy and support within days of the police report through phone counseling and in person support for walk-in clients. The DV Advocates also provide support through court accompaniment, safety planning, Iinkages to legal services, respond to DV victims' phone calls, and provide direct linkage to comprehensive DV services, including: emergency lodging/shelter, food and clothing, peer advocacy, case management and individual and group counseling. The advocates will also work on-site at the TRO clinic. Salary figure is based on $33,000 annual at (2.00) FTE to total $66,000 (per year) and $132,000 for 2 Years. Regional Office Coordinator- STAND! Against Domestic Violence -$14,222 Elena Sayao, the 0.20 FTE Regional Office Coordinator will provide administrative support to the project, especially in the collection of data as required by OVW. Salary is based on $35,554 (per year)x 0.20 FTE to total $7,111 (per year) and $14,222 for 2 Years. Executive Director- STAND! Against Domestic Violence- $12,092 Gloria Sandoval is responsible for all of STAND's operations and will oversee the Regional Directors' progress toward meeting the project goals and objectives. She will also ensure the project's compliance in provision of data in the reports. She will coordinate all staff, evaluation procedures, Contra Costa County-Budget Narrative—Page 3 of 4 Dun&Bradstreet Number 05-034-5883-0586 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Grant—Office on Holence Against Women-USDOJ Grants to Encourage Arrest Policies and Enforcement of Protection Orders Budget & Budget Narrative 2006-2008 EXHIBIT 1 and directly supervise production of materials and training content. Salary figure is based on $120,915 annual at(.05)FTE to total $6,046 (per year) and $12,092 for 2 Years. STAND! Against Domestic Violence Fringe (25.20%) - $59,400 - Fringe percentage of 25.2% covers benefits for five personnel positions as listed above. STAND!'s audit fees ($10,000) and insurance ($14,000) costs are pro-rated and typically included as indirect costs in large government grants. The $10,000 request for audit fees are estimated based on a pro-rated share of total costs of Federal awards to STAND! which exceed $500,000. The benefits to the grant include: • Compliance with OJP financial requirements • Safeguarding the integrity of Federal funds under STAND! custody • Review of all internal control practices and procedures The $14,000 request for insurance is estimated based on a pro-rated share of total costs of Federal awards. The insurance includes liability,property, auto etc. The benefits to the grant include: • Protecting the organization against potential claims brought by employees, clients or the general public and the Federal government's interests in the organization's programs • Good business practice STAND Staff training costs ($3,000)will provide opportunities to attend trainings highlighting local resources on domestic violence. Program Materials —$2,000 - Program materials such as print brochures and resource cards are used as outreach tools to describe STAND services and are distributed to domestic violence victims. STAND Communications ($8,000) support the use of phones, Internet access and computer networks to facilitate communication between DV Advocates,the collaborative partners and STANDL DV Advocate Travel - $4,539 - Given the large area of Contra Costa County, DV advocates incur local travel costs (mileage) because they must travel to local jurisdictions in support of local law enforcement and go to the County seat in Martinez for project activities and meetings with the courts, District Attorney and Sheriff. Calculation is based on 425 miles per month x 12 months x .445 cents per mile= $2,269.50 per year or $4,539 for 2 Years. Office Supplies — $2,400 - Office supplies are typical and necessary for STAND! project staff in order to do their work. Calculation is based on $100 per month x 12 months to total $1200 (per year) and$2,400 for 2 Years. Client Assistance — $4,000 - STAND supports DV victims by providing basic needs such as emergency transportation and food through a Client Assistance program. Contra Costa County-Budget Narrative—Page 4 of 4 Dun&Bradstreet Number 05-034-5883-0586 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Grant—Office on Violence Against Women-USDOJ Attachment A SAMPLE OF PERSONNEL EXPENSE SUMMARY Department Name Grant to Encourage Arrests Polices and Enforcement of Protection Orders Program Grant No. 2006-X0329-CA-WE . (Date)Reimbursement Request Personnel Expense Summary Total Hours Hours Program Staff/ Pay Worked on Charged Check Hourly Employee Number Position Period Program to Number Rate Amount FTE GTEA 7/1/04 to John Doe#XXX Director 12/31/04 100 80 $XXX $XXX 7/l/04 to Jane Doe#XXX Case Manager 12/31/04 100 80 $XXX $XXX Total Wages $XXX Taxes/Benefits FICA/Medicare (7.65%) $XXX Worker's Compensation(1.24%) $XXX Health Insurance $XXX Dental Insurance $XXX Life Insurance $XXX Total Taxes and Benefits $XXX Personnel Expenses Claimed for Reimbursement $XXX Attachment B SAMPLE OF PERSONNEL EXPENSE SUMMARY Department Name Grant to Encourage Arrests Polices and Enforcement of Protection Orders Program Application No. 2006-X0329-CA-WE . (Date) Reimbursement Request Personnel Expense Summary Total Hours Hours Program Staff/ Pay Worked on Charged Check Hourly Employee Number Position Period Program to Number Rate Amount %FTE GTEA 7/1/04 to John Doe #XXX Director 12/31/04 100 80 $XXX $XXX 7/1/04 to Jane Doe #XXX Case Manager 12/31/04 100 80 $XXX $XXX Total Wages $XXX Taxes/Benefits FICA/Medicare (7.65%) $XXX Worker's Compensation (1.24%) $XXX Health Insurance $XXX Dental Insurance $XXX Life Insurance $XXX Total Taxes and Benefits $XXX Personnel Expenses Claimed for Reimbursement $XXX Attachment B SAMPLE OF OPERATING EXPENSE SUMMARY Department Name Grant to Encourage Arrests Polices and Enforcement of Protection Orders Program Grant No. 2006-X0329-CA-WE. (Date) Reimbursement Request Operating Expense Summary Payment Vendor Reference Check Amount Date Number Total Payment: Operating Expenses Claimed for Reimbursement $XXX Attachment C ^«'° DEMAND 4 +4 D on the Treasury of the Date COUNTY OF CONTRA COSTA STATE OF CALIFORNIA Name ISI 1 ) IMPORTANT Address see)nsVuctions rm Reverse Side. City,State For the sum of Dollars As Hemmed below. Data Description Amount The undersigned under the penalty of perjury states:That the above claim and the items as therein set out are true and correct;that no part thereof has been heretofore paid;and that the amount therein is justly due,and that the same is presented within one year after the last item thereof has accrued. Signed Vendor ND. Received,Accepted,and Expenditure Authorized Department Head of Chief Deputy SUM No. Invoice Date Description Fund/Org. Account Encumbrance No. PIC I Payment Amount Taxable Amount Task Option Activity Sec Flags Discount Amount SUM No.r Invoice Date Description Fund/Org. Account Encumbrance No. PIC Payment Amount Taxable Amount Task Option Activity Spec Fla s Discount Amount SUM No Invoice Date Description Fund(Org. Account Encumbrance No. PIC Payment Amount Taxable Amount Task Option Activity Spec Flags Discount Amount r - E Total Oem.nE