Loading...
HomeMy WebLinkAboutMINUTES - 12052006 - C.116 SEAL 0. TO: ,, BOARD OF SUPERVISORS `' ` CONTRA COSTA FROM: John Cullen d o COUNTY County Administrator c�srA coiic�`t� G� DATE: December 5,2006 C, SUBJECT: Safe Haven: Supervised Visitation and Safe Exchange Grant Program contracts to provide increased supervised visitation and exchange options for families with a history of domestic violence, child abuse, sexual assault or stalking. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&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 306,550, for Safe Haven: Supervised Visitation and Safe Exchange Grant Program, Federal Grant Award Number 2006-CW-AX-0015, for the period September 1, 2006 through August 31, 2008. Contractor Region Pqyment Limit Community Violence Solutions Central County $248,053 STAND! Against Domestic Violence `'"" Central County $58,497 FINANCIAL IMPACT: No County Costs; Budgeted $306,550: 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: lc� 4'� C-WECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD CTIMITTEE ZAPPROVE —OTHER r SIGNATURE(S): ACTION OF BOA KC7 APPROVED AS RECOMMENDED OTHER 7 VOTE OF SUPERVISORS TE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A VOTE OF S US(ABSENT)---- TRUE AND CORRECT COPY OF AN Al-- ACTION TAKEN AND ENTERED AO AYES: NOES: ABSENT:`ABSTIAN: OU MINUTES OF THE BOARD H DISTRICT IV SEAT IS VACANT P'EnRVI�SOI R�S ON THE DATE SHOWN. ATTESTED JOHN CULLEN,CLERR OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact:Devorah Levine 335-1017 cc: Devorah Levine,CAO Rebecca Hooley,County Counsel Rhonda James,Community Violence Solutions via CAO BY / PUTY Gloria Sandoval,STAND!Against Domestic Violence via CAO BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On September 14, 2006 the County was notified of its $349,811 award under Safe Havens funding from the U.S. Department of Justice, Office on Violence Against Women. Contra Costa County will use this initial Supervised Visitation award to collaborate with the Superior Court of California, STAND! Against Domestic Violence, Community Violence Solutions, and Bay Area Legal Aid to implement the Zero Tolerance Access & Visitation program (ZTAV), an innovative program model to assist low-income, under represented families impacted by domestic violence, child abuse, sexual assault, and stalking. The program is designed to address many of the challenges encountered by supervised visitation centers across the nation and will utilize a multi- agency approach to increase visitation and exchange between non-custodial parents and their children while preserving the safety of victims and the children. Co .trd CostA County STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services-Long Form) Fund/Org# Revised 2002 Account# 2310 Other # 1. Contract Identification. Department: Office of the County Administrator Subject: Safe Havens: Supervised Visitation and Safe Exchange Grant 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: Community Violence Solutions Capacity: Non-Profit Corporation Address: 2045 Mt. Diablo Street, 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 $ 248,053.00. 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. 8. Pro'ect. 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) Contra Costa County STANDARD CONTRACT Number 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 (Signatuic of individual or Ufficul) (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-I (Page 2 of 2) Contra Costa County APPROVALS/ACKNOMU MGMF.NT 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 die person(s) whose name(s) is/are subscribed to die widen instrument and acknowledged to me that lie/she/diey executed die same in liis/lier/dieir audiorized capacity(ies), and that by his/lher/their signature(s) on the instrument the person(s), or die entity upon behalf of which die person(s) acted, executed die instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) Lr2 (Page 1 of 1) Contra Costa County SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services-Long Form) Revised 2002 SERVICE PLAN L SCOPE OF PROGRAM The primary purpose of the Safe Havens Program is to increase supervised visitation and exchange options for families with a history of domestic violence (DV), child abuse, sexual assault or stalking. The goals and objectives of the program are: (a) Establish a supervised visitation and safe exchange center("Center")in a highly accessible location for low- income families of West Contra Costa County. (b) Establish effective follow up communication with the Superior Court to ensure compliance. (c) Enhance victim and child safety in the short and long-terms. II. SERVICES TO BE PROVIDED BY COMMUNITY VIOLENCE SOLUTIONS (CONTRACTOR) A. Primary Services During the term of the contract, contractor will provide the following services: (1) Provide approximately three-hundred(300)families in West Contra Costa County with low-cost supervised visits between parents and children and the exchange of children between parents. Contractor will provide these services to no fewer than one-hundred and fifty(150)families per year and will serve approximately forty (40) to sixty (60) families at any one time. (2) Refer families in which the parents are separating to support services. (3) Offer psycho-educational groups through the Zero Tolerance Access and Visitation(ZTAV)program for parents who are DV victims. These psycho-educational groups will be focused on teaching new parenting skills to families with a history of domestic violence and minimizing the stress of parents who are DV victims. (4) Supervise the Center, and administer and monitor day-to-day operations at the Center. (5) Hire and supervise a Program Director,Facilities Monitor,and subcontracted security guard,who will fulfill the duties described in Exhibit 1. (6) Purchase facility supplies and equipment (see Exhibit 1 for a list of supplies and equipment), and install security equipment at the Center. B. Administrative Services The Contractor will provide program management and general administrative services to support the program as described above. Administrative support includes but is not limited to the following: (1)data collection and analysis, (2) preparation and submission of quarterly and close-out reports, (3) budget preparation and submission of demands for reimbursement to Becca Moody, Zero Tolerance for Domestic Violence, 651 Pine Street, I Vh 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 program. L-3 (Page 1 of 4) III. REPORTING PROCEDURES Contractor will collect and maintain data that measure the effectiveness of their grant-funded activities. Contractor agrees to submit semi-annual electronic progress reports on Project activities and Project effectiveness measures (http://muskie.usm.maine.edu/vawamei/formhavens.htm). Information that the contractor must collect under the Government Performance and Results Act and VAWA 2000 includes,but is not limited to: 1)number of persons served; 2) number of persons seeking services who could not be served; 3) number of supervised visitation and exchange centers supported by the Project; 4) number of supervised visits between parents and children; and 5) number of supervised exchanges between parents and children. 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 Contractor shall provide information to Zero Tolerance for Domestic Violence on security or safety problems concerning parents and children served by the program which occurred during the reporting period and the number of cases referred by civil, criminal, and/or family courts. 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 $248,053.00. 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 and Operating Expense Summaries (see attachment A). Summary of time worked on services provided under the Contract by each staff person and detail corresponding monthly salary and benefit costs for staff. 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. 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. L-3 (Page 2 of 4) 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. 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 OMB 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. 2006 CWAX 0015 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." L-3 (Page 3 of 4) • The Contractor will provide Zero Tolerance staff, Becca Moody, 651 Pine Street, 11th Floor, Martinez, CA 94553, with the agenda for any training seminars, using grant funds. The Contractor must receive prior approval from the Office of Violence Against Women ("OVW") before using OVW grant funds to attend any training, workshops, or conferences not sponsored by OVW. • 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. • The Contractor agrees that grant funds will be used to support services for supervised visitation and safe visitation exchange of children by and between custodial and non-custodial parents. The Contractor understands that fund will not be used to support visitation or exchange of children in foster care, kinship care, or protective custody of courts or social service agencies. • The Contractor agrees that funds will not be used to provide offsite or overnight visitation services. Offsite visitation includes, but is not limited to, any visit or exchange between a child and a non- custodial parent that occurs outside that premises of the visitation center. Overnight visitation includes, but is not limited to any visit or exchange between a child and a non-custodial parent that occurs after or between the normal operating ours of the visitation center. • The Contractor agrees to develop adequate security measures, including but not limited to, adequate facilities,procedures, and personnel capable of preventing violence, for the operation of supervised visitation programs or safe visitation exchange. • The Contractor agrees that if fees are charged for use of programs or services, any fees charged must be based on the income of the individuals using the programs or serviced, unless otherwise provided by court order. • Grant funds shall be used to support supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, child abuse, sexual assault, or stalking. In accordance with 42 USC 10420, the grantee may not use grant funds to support individual counseling, family counseling, parent education, support groups or therapeutic supervision. The grantee may not mandate victims to parent education or other program services. • The Contractor agrees to submit for CAO review to Devorah Levine, 651 Pine Street, 11`h Floor, Martinez, CA 94553 and approval any anticipated addition of, removal of, or change in collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding, and if applicable, the Internal Memorandum of Agreement. • The Contractor will facilitate establishment of an advisory board which includes experts in the following fields: child abuse and neglect, mental health, batterer's intervention, law enforcement, child protection services, and advocacy for victims of domestic violence and sexual assault. Initials: 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. Withholding 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 right 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) Coiitra-Costa County GENERAL CONDITIONS Standard Form Lr5 (Purchase of Services-Long Form) Revised 2003 I. Compliance with law. Contractor shall be subject to and comply with all applicable federal,state and local laws and regulations with respect to its performance under this Contract, inncludinng but not limited to, licensing, employment mid purchasing practices; mid wages, hours and conditions of employment, including nondiscrimination. 2. Inspection Contractor's performance, place of business and 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 and copying by authorized representatives of the County, the State of California, and the United States Govenunent, 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. Contractor shall retain all documents pertaining to this Contract for five years from the date of submissiou.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, 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 County, the Secretary of Health and Humana 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 and charges hereunder. Further, if Contractor carnes 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 uutil the expiratiou of four years after the furnishing 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 and books,documents,and records of the subcontractor necessary to verify the nature and extent of all costs mrd charges thereunder. This special couditiou is int addition to ary and all other terms regarding the maintenance or reteutiou of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Governmeut Code Section 7550,Contractor shall include inn 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 mid 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. 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either parry,in its sole discretion, upou 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 GENERAL CONDMONS 'Standard Form Lr5 (Purchase of Services-Long Form) 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. In the event of such termbnation, County may proceed with the work m any reasonable manuner it chooses. The cost to County of completing Contractors 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 funding 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. 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 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 hereon. 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 mid the Service Plan may be 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 change 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 in 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 in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted mid prosecuted in the courts of Contra Costa County,State of California. hs5 (Page 2 of 6) Initials: Contractor County Dept. Coutra Costa'County GRNF,RAL CONDITIONS Standard Form L-5 (Purchase of Services—Long Form Revised 2003 11. Conformance with Federal and State Remulations 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 County indicating 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 Contractors 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 any required state or federal approval, is required before the Contractor may enter into subcontracts for any 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 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 un any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have 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. 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 mid intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 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 inn part,for religious worship or instruction. 18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees from any and all claims, costs mid 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 Lr5 (Page 3 of 6) Initials: Contractor County Dept. Cbfntra Costa-County GF.NF,RAL CONDMONS Swidard Form Lr5 (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,uicluduig reasonable attonieys'fees,County may make by reason of the matters that are the subject of this indemnification, and, 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 tern of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in 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 date 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 worker's 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 in 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 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 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,die 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. Coiitra Costa County GENERAL CONDITIONS Standard Form Ir5 (Purchase of Services-Long Form) Revised 2003 22. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or terminnation 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 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 Section 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 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. Conw4-hts 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 product without 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 braid name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's 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 audnorized by the Board of Supervisors or by law to receive such views. 27. Required An (A) If Contractor is funded by$500,000 or more in federal grant 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 mid 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, Contractor's 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 Costes County GENERAL CONDITIONS Standard Form L-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 in (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and ,%=ants that it has full power and authority to enter into this Contract and perform the obligations herein. 1-5 (Page 6 of 6) Initials: Contractor County Dept. C'o'ntra 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. $ monddy, or ❑ b. $ per unit, as defined in die 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 die manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from die end of die mond) in wlucb die contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of die County Department for which dhis Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from die 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 die right to wid)hold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carred out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate wid) 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 this Contract. Within 30 days of demand, Contractor shall pay County die full amount of County's obligation, if any, to the state and/or federal government resulting from any audit exceptions, to die extent such are attributable to Contractor's failure to perform properly any of its obligations under flus Contract. Initials: Contractor County Dept. Form P-1 (Page 1 of 1) EXHIBIT 1 APPROVED GRANT BUDGET 2006-2008 SAFE HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE GRANT PROGRAM CONTRA COSTA COUNTY,CALIFORNIA ZERO TOLERANCE ACCESS&VISITATION PROGRAM Name of Contractor Computation Time Period Totals Community Violence Solutions (CVS) Detail attached 24 months $248,053 CONTRACTOR COMPUTATION DETAIL CONTRACTS Full Time Equivalent Salary CVS Personnel (FTE) Computation Amount Deputy Director 0.20 ($6,167 mo x .20 x 24 mo) $29,602 Project Director 0.70 ($4,167 mo x .70 x 22.5 mo) $65,630 Facility Monitor 1 0.50 ($3,334 mo x .50 x 22.5 mo) $37,508 Total Personnel $1329740 Benefit CVS Personnel Fringe Benefits Rate Computation Amount FICA 7.65% ($132,740 x 7.65%) $10,155 Medical 8.50% ($132,746x 8.5%) $11,283 Workers Comp 5.75% ($132,740 x 5.75%) $7,632 SUI 1.30% ($132,740 x 1.30%) $1,725 Pension plan 2.00% ($132,740 x 2.0%) $2,655 Total Fringe Benefits 25.20% $339450 Salary CVS Contracted Personnel Computation Amount Security Guards ($20/hr. x 18 hrs/wk. x 92 wks) $33,120 Total Subcontract $339120 Expense CVS Other Computation Amount Communications ($115/mo. x 24 months) $2,760 Computer&Printer Estimated package $2,320 Contra Costa County-Budget Narrative—Page 1 of 5 Safe Havens:Supervised Visitation and Safe Exchange Grant Program Office Supplies ($75/mo. x 24 months) $1,800 Lease ($7,600/yr. x 2 years) $15,200 Insurance ($2,500/yr. x 2 years) $5,000 Program Facility Supplies (toys, books, etc.) See narrative $2,500 Program Print Materials Printer estimate $2,369 Client Assistance (transportation, gift certificates) ($200/mo. x 22 months) $4,400 Metal Detectors (1) See narrative $4,550 Wand Detector(1) See narrative $750 Security System Installation&Alarm See narrative $7,094 Total Other $489753 TOTAL COMMUNITY VIOLENCE SOLUTIONS $248,053 SAFE HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE GRANT PROGRAM BUDGET 2006-2008 CONTRA COSTA COUNTY,CALIFORNIA ZERO TOLERANCE ACCESS&VISITATION PROGRAM BUDGET NARRATIVE Project Period: 24 months COMMUNITY VIOLENCE SOLUTIONS - $2479603 Sole Source Justification: Community Violence Solutions is the sole provider and leader in rape crisis services and child abuse utilizing the Children's Interview Center to facilitate county-wide collaboration in Contra Costa County and integral to all efforts related to sexual assault, stalking and child abuse. Deputy Director- Community Violence Solutions - $29,602 Cally Martin, MFT: The Project Director will oversee all supervised visitation center activities, conduct case reviews on a monthly basis with staff, complete court reports, complete grant reporting, and ensure effective linkages to referrals to victim & children's services. The Director is also responsible promoting expansion of supervised visitation to other communities. The Program Director will be responsible for all aspects of the program, including program/office management, supervision of employees and interns, and referrals for services. Salary figure is based on $6,167 per month x 0.20 FTE for 24 months. Project Director- Community Violence Solutions - $65,630 New Hire Position: The Site Manager will run the supervised visitation center activities, conduct intakes, assessments & orientations, provide supervision to the site monitors, provide safety assessments & tools for short and long term planning and referrals to needed advocacy services for participants. Salary figure is based on$4,167 per month x 0.70 FTE for 22.5 months. Contra Costa County-Budget Narrative—Page 2 of 5 Safe Havens:Supervised Visitation and Safe Exchange Grant Program Facility Monitor- Community Violence Solutions - $37,508 New Hire Position: The monitor will supervise visitations at the facility and provide documentation of the process. Monitors are present during child exchanges and visits and will record details of the interactions between visiting family members according to Court orders or other agreements. They will intervene or terminate visits when necessary to ensure the safety and welfare of the child. Salary figure is based on$3,334 month x 0.50 FTE for 22.5 months. Community Violence Solutions Fringe (25.20%) - $33,450 Fringe benefits covers the three personnel positions as listed above. Calculation is $132,740 x 25.20%to total $33,450. Communications - Community Violence Solutions - $2,760 This total covers the use of phones, cell phone for the Project Director, Internet access and computer networking to facilitate communication between staff, clients, attorneys, and collaborative partners. This also includes phone usage by clients at the visitation site. Calculation is based on 24 months of operations at $115 per month to total $2,760. Computer& Printer- Community Violence Solutions - $2,320 The new computer station will be used by the facility staff to support office operations, documentation on visitation and exchanges, reporting, and data collection. They will utilize the computer to manage information on clients, correspondence, and services. Costs calculations are based on equipment estimates. Office Supplies - Community Violence Solutions - $2,400 Office supplies are necessary for CVS project staff. Calculation is based on $100 per month x 24 months. Lease - Community Violence Solutions - $15,200 CVS will secure five designated rooms at the facility for supervised visitation and exchange. These rooms occupy one specific section of the building with separate entrance/exit and separate restrooms from existing operational areas. Two rooms will be designated for simultaneous visitation. Two rooms will be utilized for parents while the fifth room will be a playroom for waiting children. The estimated square footage of the site area and program operations is 4500 square feet. This cost includes two additional days for janitorial to total $7,600 per year or $15,200 for 24 months. Insurance- Community Violence Solutions - $5,000 Community Violence Solutions will increase its liability insurance to host the supervised visitation center in its building. Insurance estimates are $2,500 extra per year to total $5,000. Liability insurance includes protection against claims that allege negligence or inappropriate action that resulted in bodily injury or property damage to another party. Contra Costa County-Budget Narrative—Page 3 of 5 Safe Havens:Supervised Visitation and Safe Exchange Grant Program Program Facility Supplies - Community Violence Solutions - $2,500 Baby items, toys, books, etc. will ensure age appropriate materials are available for visiting families. Items to make the facility feel like a comfortable and enjoyable environment for youth and parents include television and educational activity games for children's waiting room. Special books for children in crisis will be purchased. In-kind donations will also be sought. Calculation is based on cost estimates listed below: Items Cost (22 mo.) Toys $650 Books (targeted) $400 Television/VCR/tapes $650 Educational games $800 Total Program Facility Costs $2,500 Program Print Materials—$2,369 - Program materials such as print brochures and resource cards are used as outreach tools to describe visitation/exchange services and are distributed to families. This includes printing and paper costs (estimated by printer). Client Assistance— $4,400 — Bus and BART (Bay Area Rapid Transit) tickets will be provided to victims as needed to meet their transportation needs as well as gift certificates to local supermarkets, restaurants and pharmacies. Calculation is based on $200 per for 22 months. SECURITY SYSTEM - The Zero Tolerance Access & Visitation facility is designed with a high-security system model. The site Security Plan involves secured entrances, surveillance, and security response systems. Funding will provide for the hiring of a security guard and the purchase of a building metal detector, a detector wand, camera system, panic buttons, breathalyzer, additional parking lot lighting, and other alarm system enhancements as listed below: Security Guards - Community Violence Solutions - $33,120 The security company ensures that hired guards will be screened, trained in visitation site policies, and checked for background appropriateness. The security guard hourly rate is $20 per hour. Visitation by "highest risk" families will occur on select days and/or hours when a security guard is on the premises. Since the facility launches on January 15, 2006, estimated hours are 18 hours per week for 20 months. This includes one week of closure per year to total 92 weeks for the entire project period. Eighteen hours per week for 92 weeks at $20 per hour is $33,120. Metal Detectors - Community Violence Solutions - $5,300 Estimated metal detector costs cover one wand detector (estimated at $750) and one building detector(estimated at$4,550)to total $5,300. Security System Installation - Community Violence Solutions - $7,094 These costs cover an upgrade to the building alarm and security system. Costs include electrical installation and equipment as listed in the following chart: Contra Costa County-Budget Narrative—Page 4 of 5 Safe Havens:Supervised Visitation and Safe Exchange Grant Program Ite1.ms # Each Total Security Camera 4 $210 $840 Security Recorder 1 $400 $400 Camera Monitors 2 $345 $690 Alarm Button wiring 3 $200 $600 Video time/date displaygenerator/distributor 1 1 $300 $300 Parking lot motion lights 2 $85 $170 Alarms stem upgrade and electrical installation 1 time cost $3,694 Power supplies $400 TOTAL $7,094 Contra Costa County-Budget Narrative—Page 5 of 5 Safe Havens:Supervised Visitation and Safe Exchange Grant Program Attachment A To: Devorah Levine, Zero Tolerance for Domestic Violence Coordinator From: Date: Subject: SAFE HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE GRANT PROGRAM Total Quarterly Expenditures: $ Organization Code to be Credited: Org# Account# Org# Account# Details of Expenditures: Permanent Salary Acct # $ FICA # $ Retirement # $ Medical Insurance # $ SUI # $ Workers Compensation # $ Deferred Compensation # $ CERTIFICATION OF QUARTERLY FINANCIAL REPORT SAFE HAVENS EXPENDITURES. Quarter Ending , fiscal year ending June 30, 200 I HEREBY CERTIFY, to the best of my knowledge and belief, that the amounts stated herein fairly present a statement of all Safe Havens expenditures in accordance with CAO reporting requirements. Signature Department Name/Title Date Attachment B SAMPLE Department Name Safe Havens: Supervised Visitation and Safe Exchange Grant Program Award No. 2006-CW-AX-0015 (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 1 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 C DEMAND 4041 D on the Treasury of the Date COUNTY OF CONTRA COSTA STATE OF CALIFORNIA Name ISI IFbI IMPORTANT Address See Instructions on Reverse Side. City,State For the sum of Dollars As itemized belw.. Date 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 Vendof NO. 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 Fla s Discount Amount SUM No. Invoice Dale Description Fund/Org. Account Encumbrance No. PIC Payment Amount Taxable Amount Task Option Activity Spec Fla s Discount Amount i SUM No. Invoice Date Description Fund/Org. Acooum Encumbrance No. PIC Payment Amount Taxable Amount Task Option Activity Spec Fla s Discount Amount Total oem."a