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HomeMy WebLinkAboutMINUTES - 11282008 - C.52 6E-_L ' TO Contra BOARD OF SUPERVISORS '`��- �-��=;' FROM: David Twa, County Administrator = Costa Q ox �.r.r�m11R - %may DATE: November 18, 2008 ��o - _ -�v`4o ST9 COUIZ'� County SUBJECT: Safe Havens: Supervised Visitation and Safe Exchange Program Contract SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION ;A RECOMMENDATION(S) „y APPROVE and AUTHORIZE the County Administrator, or designee,to execute a contract with Community Violence Solutions in an amount not to exceed $212,240 for the Safe Havens: Supervised Visitation and Safe Exchange Grant Program, Federal Grant Award Number 2006-CW-AX=0015, for the period October 1, 2008 through September 30, 2010. (CFDA Number 16.527) FISCAL IMPACT 100%Federal grant funds. No County match required. BACKGROUND On September 22, 2008 the County was notified of its $300,000 continuation award under Safe Havens funding from the U.S. Department of Justice, Office on Violence Against Women. Contra Costa County will use this Supervised Visitation award to collaborate with the Superior Court of California, STAND! Against Domestic Violence, and Community Violence Solutions to implement the Zero Tolerance Access & Visitation program (ZTAV), an innovative program model to assist low-income, under represented CONTINUED ON ATTACHMENT:)YES SIGNATURE: AOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ❑ PPROVE ❑ OTH SIGNATURE(S): ACTION OF BOARD ON ❑APPROVED AS RECOMMENDED ❑ OTHER VOTE OF SUPERVISORS: I HEREBY'CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT ) ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: November 18, 2008 Contact: Devorah Levine 335-1092 DAVID TWA, CLERK OF THE BOARD OF cc: Devorah Levine, CAO SUPERVISORS AND COUNTY ADMINISTRATOR Rhonda James,Community Violence Solutions By: Deputy - Page.2 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 their children. CHILDREN'S IMPACT STATEMENT J 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 violerice and elder abuse. Contra Costa County STANDARD CONTRACT Number 49600-01 Standard Form L-1 (Purchase of Services-Long Form) Fund/Org# 5561 Revised 2008 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: 2101 Van.Ness Street San Pablo, CA 94806 3. Term. The effective date of this Contract is October 1, 2008. It terminates on September 30, 2010 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 212,240.00. 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 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. Proiec . 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 Appliable Form L-1 (Page 1 of 2) Contra Costa County STANDARD CONTRACT Number 49600.01 Standard Form L4 (Purchase of Services -Long Form) Revised 2008 9. Legal Authoritv. 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 ( °_,­-l A Als�----- Chair Designee Deputy CONTRACTOR Name of business entity: Name of business entity: Community Violence Soltions Community.Violence Solutions By By (Signature of individual or officer) (Signature of individual or officer) (Print name and title B, if applicable) (Print name and title A, 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 L-2. Form L-1 (Page 2 of 2) Contra Costa County ACKNONVLEDGMENT/APPROVAIS Number 49600-01 Standard Form L,2 (Purchase of Services-Long Form) Revised 2008 ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On before me �insert name and tide of die officer),personally appeared who proved to me on the basis of satisfactory e-6dence to be die person(s) whose name(s) is/are subscribed.to the within instrument and acknowledged to me that lie/slie/they executed the same in,luis/her/their authorized capacity(jes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the,instrument. I certify under PENALTY OF PERJURY under die laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or In&iduab (Civil Code§1189) APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By; ��AA Designee Deputy CoVY"-ounsel APPROVED: COUNTY ADMINISTRATOR By: Designee Form L-2 (Page 1 of 1) Contra Costa County PAYMTNT PROVISIONS Number 49600-01 Standard Form P-1 (Fee Bans Contracts-Long and Short Form) Revised 2008 1. Payment Amounts. Subject to the Payment Limit of diis Contract and subject to the following Payment Provisions,County willpay Contractor ontractor the following fee as full compensation for all services,work,expenses or costs provided or incurred by Contractor: (Check one alternative only.] Ma. $ monthly, or Ob. $ per unit, as defined in die Service Plan,or EJc. $ after completion of all obligations and conditions herein. d. Other: As defiried in'Service Plan. 2. Payment Demands.Contractor shall submit written demands for payinent on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of die mondi 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 dais Contract is made, or leis designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. PpRW!y for Late Submission. If County is unable to obtain reimbursement from die State of California as a result of Contractor's failure to subunit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands)above,County sliall not pay Contractor for such services to die extent County's recovery of funding is prejudiced by die delay even though sucli services were fully provided. 4. Right to Withhold. County liar die right to widiliold payment to Contractor when,in die opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, eidier bas not been carried out or is insufficiently documented, (b) Contractor has 'neglected, failed or refused to furnish information or to cooperate wide 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. Widiin 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 dais Contract. Initials: Contractor County Dept Form P-1 (Page 1 of 1) Contra Costa County SERVICE PLAN OUTLINE Number 49600-01 Standard Form L-3 (Purchase of Services-Long Form) Revised 2008 SERVICE PLAN I. 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) Continue to operate a supervised visitation and safe exchange center(Safe4Us Center)in a highly accessible location for low-income families of West County. (b) Further improve communication with the Superior Court on supervised visitation issues. (c) Enhance victim and child safety in the short and long-term. (d) Design and implement monitoring and evaluation protocols to track the effects of Safe4Us on victim safety over the short, medium and long-term. 11. 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) Provide interpreter services for Spanish and Asian speakjng families. (3) Increase outreach to Latino and Asian families. (4) Refer families in which the parents are separating to support services. (5) Offer psycho-educational groups through the Safe4Us Center 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. (6) Supervise the Safe4Us Center, and administer and monitor day-to-day operations at the Safe4Us Center. (7) Provide regular training and updates on theSafe4Us program to the Superior Court. (8) Collect statistical data. 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 quart an 'quarterly d close-out reports, (3) budget preparation and submission of demands for reimbursement to Zero Tolerance for Domestic Violence, 651 Pine Street, I 10.Floor, Martinez, CA 94553, and (4) any other function that will ensure compliance with grant requirements and appli c�able federal regulations as expressed herein. The Contractor is responsible for employing qualified staff necessary to carry out the program. Initials: Contractor County Dept. Form L-3 (Page 1 of 5) 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://miiskie.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 parent's 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 October 1, 2008 through December 31, 2008 January 14, 2009 January 1,2009 through June 30, 2009 July 15, 2009 July 1, 2009 through December 31, 2009 January 14,2010 January 1, 2010 through June 30; 20 10 July 15, 2010 July 1, 2010 through September 30, 2010 October 16, 2010 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 fall amount of this Contract. However, it is expressly agreed and understood that the total amount to be paid under this Contract shall not exceed"$212,240.00. 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). Summary of time worked on services provided under the Contract by each'staff person and detailed corresponding monthly compensation costs for staff. B. An Operating Expense Summary(see attachment B), summarizing the amounts being claimed for reimbursement along with the corresponding vendor references, and payment dates. Initials: Contractor County Dept. Form L-3 (Page 2 of 5) C. The Demand (D-15 Form attached as attachiii6nt C), 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 quarterly basis. Reimbursement is contingent upon the timely submission of invoices. Upon approval of the quarterly 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-Keeping A. Records to be Maintained. The Contractor shall maintain all records that are pertinent to the activities to be funded under this Contrkt. 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. V1. 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. • 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 to comply with all relevant statutory and regulatory requirements which may include, among other relevant authorities,the Violence Against Women Act of 1994, P. L. 103-322, the Violence Against Women Act of 2000, P. L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.0 371;1 et seq.,the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, and OVW's implementing regulations at 28 CFR Part 90. * The Contractor agree's that,grant funds will not support activities that may compromise victim safety, such as: pre-trial diversion programs or the placement of offenders in such programs; mediation, couples counseling, family counseling or any other manner of joint victim-offender counseling; Initials• Contractor County Dept. Form L-3 (Page 3 of 5) mandatory counseling for victims; forcing 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 4415 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 agrees to submit for CAO review to Devorah Levine, 651 Pine Street, 11 in 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 provide Zero Tolerance staff,.651 Pine Street, 1 Ith Floor,Martinez, CA 94553, with the agenda for any training seminars,workshops, or conferences not sponsored by OVW that sh project staff propose to attend 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. • The Contractor will facilitate establishment-of an advisory board which includes experts in the i following fields: child abuse and neglect,mental health, batterer's intervention, law enforcement, child protection services, and advocacy for victims of domestic violence, dating violence, stalking and sexual assault. • 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 monitored visit 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 monitored visit between a child and a non-custodial parent that occurs outside of the normal. operating ours of the visitation center. 0 The Contractor agrees to develop adequate security measures, including but not limited to, adequate facilities,procedures, andp�ersonn6l capable of preventing violence, for the operation of supervised visitation programs or safe visitation exchange. 0 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 services,unless otherwise provided by court order. 9 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. The grantee may not use grant funds to support individual counseling, family counseling,parent education, support groups or therapeutic supervision. The Contractor may not mandate that victims attend parent education or other program services. • The Contractor agrees to ensure that the grant project is developed and implemented in a manner that is consistent with the Guiding Principles of the Supervised Visitation Program. The Guiding Initials: Contractor County Dept. Form L-3 (Page 4 of 5) Principles embody the statutory requirements and objectives of the Supervised Visitation Program. They are intended toguide practice for OVW grantees. The standards and practices included within the Guiding Principles are considered to be good practice when addressing,the needs of victims and their children. Centers funded under the Supervised Visitation Program can and are encouraged to go beyond the practices outline within the Guiding Principles. - c Initials: Contractor County Dept. Form L-3 (Page 5 of 5) Contra Costa County GENERAL CONDITIONS Standard Form 1,5 (Purchase of Services-Long Form) Revised 2008 1. Compliance with Law. Contractor is subject to and must comply with all applicable federal,state,and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment,and purchasing practices;.and wages,hours,and conditions of employment,including nondiscrimination. 2. IpMecft�on. 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 must keep and make available for*inspection and copying by audionized representatives of the County,the State of California,and the United States Government,the Contractor's regular business records and such additional records pertaining to diis Contract as may be required by die County. a. Retention of Records. Contractor must retain all documents pertaining to diis Contract for five years from the date of submission of Con'tractor'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 ftinding period. Upon request,Contractor must make these records available to authorized representatives of die County, i the State of California;and die United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of die Social Security Act,and any regulations-promulgated thereunder, Contractor must,upon written request and until die expiration of five years after the filirushing of services pursuant to flu's Contract,make available to the County,die 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 die nature and extent of all costs and charges hereunder. Further,if Contractor carries out any of the duties of diis Contract through a subcontract with a value or cost of $10,000 or more over a twelve-mouth period, such subcontract must contain a clause to die effect that upon written request and until die expiration of four years-after the furnisIring of services pursuant to such subcontract, die subcontractor must make available to die County,the Secretary,the Comptroller General,or any of their duly authorized representatives,die subcontract and books,documents,and records of the subcontractor necessary to verify die nature and extent of all costs and charges thereunder. T111is provision is in addition to any and all other terms regarding die maintenance or retention of records under this Contract and is binding on die heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Governi-nent Code Section 7550, Contractor must include in all documents and written reports completed and submitted to County in accordance with dris Contract, a separate section listing die numbers and dollar amounts of all contracts and subcontracts relating to die preparation of each s.uch document or written report. This section applies only if the Payment Limit of diis Contract exceeds $5,000. Contractor Comity Dept. Form 1,5 (Page 1 of 7) Contra Costa County GENERAL CONDITIONS Standard Form h15 (Purchase of Services-Long Form) Revised 2008 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. 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 termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance will be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. C. Cessation of Funding. Notwithstanding any contrary language in Paragraphs 5 and 11, in the event that federal, state, or other non-County 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 will be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operatingspecifications of operating procedures and budgets Procedures. Detailed specif required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes, may be clarified in a written letter 'signed by Contractor and the department head, or designee, of the county department on whose behalf this Contract is made. No written clarification prepared pursuant to thlis Section will operate as an amendment to, or be considered to be a part of, this Contract. 8. Modifications and a. General Amendments. In the event that the Payment Limit of this Contract is $100,000 or less, this Contract may be modified or amended only by a written document executed by Contractor and the County's Purchasing Agent or die Contra Costa County Board of Supervisors, subject to any required state or federal Approval. In the event that the Payment Limit of this Contract exceeds$100,000,this Contract maybe modified or amended only 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. Minor Amendments. The Payment Provisions and die 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 increase the Payment Limit of dn*s Contract or reduce die ser-,ices Contractor is obligated to provide pursuant to this Contract. 9. D e Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of flus Contract shall be subject to final written determination by the head of die county department for Much this Contract is made,or his designee,or in accordance with the applicable procedures (if any)required by the state or federal government. Contractor County Dept. Form L,5 (Page 2 of 7) Contra Costa County GENERAL CONDITIONS Standard Form L,5 (Purchase of Services-Long Form) Revised 2008 10. Choice of Law and Personal a. '17his Contract is made in Contra Costa County and is governed by, and must be construed in accordance with,the laws of die State of California. b. Any action relating to this Contract must be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Refflg?kons 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 will 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 drJs Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, do not relieve Contractor's obligation to fulfill this Contract as prescribed; nor is the County thereby prevented from bringing any action tion for damages or enforcement arising from any failure to comply with any of die terms and conditions of this Contract. 13. Subcontract and Assignment This Contract binds die heirs, successors, assigns and representatives of Contractor. Prior written consent of die County Administrator or his designee,subject to any required state or federal approval, is required before die Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign diis Contract or monies due or to become due,by operation of law or otherwise. 14. Independent Contract tor Status. The partiesmitend that Contractor,in performing the services specified herein, is acting as an independent contractor and that Contractor will control the work and the manner in which it is performed. 1111's Contract is not to be construed to create the relationship between die parties of agent, servant, employee, partnersliip,joint venture, or association. Additionally, Contractor is not entitled to participate in any pension plan,workers'compensation plan,insurance,bonus,or similar benefits County provides to its employees. In the event that County exercises its right to terminate die Contract, Contractor expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances, or laws applicable to employees. 15. Conflicts of Interest Contractor covenants that it presently has no interest and that itwill not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Contract,no person having any such interests will be employed by Contractor. If requested to do so by County, Contractor will complete a "Statement of Economic Interest" form and file it with County and will require any other person doingwork under this Contract to complete a"Statement of Economic Interest"form and file it with County. Contractor covenants that Contractor,its employees and officials,are not now employed by County and have not been so employed by County within twelve months immediately preceding this Contract-, or, if so employed,did not then and do not now occupy a position that would create a conflict of interest under Government Code section 1090. In addition to any indemnity provided by Contractor in this Contract,Contractor will indemnify, Contractor Cowity Dept. Form 1,5 (Page 3 of 7) Contra Costa County GENERAL CONDITIONS Standard Form 1,5 (Purchase of Services-Long Fomi) Revised 2008 defend,and hold the County harmless from any and all claims,investigations,liabilities,or damages resulting from or related to any and all alleged conflicts of interest. 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,die 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 die administration of or relating to services provided under this Contract will be confidential,and will not be open oto examination for any purpose not directly connected with die administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any fist of persons receiving services,except as may be required in the administration of sucli service. Contractor agrees to inform all employees, agents and partners of die above provisions, and that any person knowingly and 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 diis Contract will be available to all qualified persons regardless of age;gender, 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. 18. Indemnification. Contractor will defend, indemnify, save, and hold harmless County and its officers and employees from any and all claims, demands,losses, costs, expenses, and liabilities for any damages,fines,sickness, death, or injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an administrative or quasi-judicial proceeding,arising directly or indirectly from or connected with die services provided hereunder that are caused,or claimed or alleged to be caused,in whole or in pat-t,by die negligence or Willful i-nisconduct of Contractor, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control. If requested by County, Contractor will defend any such suits at its sole cost and' expense. If County elects to provide its own defense,Contractor will reimburse County for any expenditures,including reasonable attorney's fees and costs. Contractor's obligations under this section exist regardless of concurrent negligence or Willful misconduct on die part of die County or any other person; provided, however, that Contractor is not required to indemnify County for the proportion of liability a court determines is attributable to die 'sole negligence or willful misconduct of die County,its officers and employees. This provision will survive the expiration or termination of this Contract. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect insurance policies meeting die following insurance requirements unless othemise expressed in the Special Conditions: a. Commercial General Liability Insurance. For all contracts where die total payment limit of die contract is $500,000 or less,Contractor will provide commercial general liability'insurance, 'including coverage for business Contractor— County Dept. Form 1,5 (Page 4 of 7) Contra Costa County GF24FAAL CONDITIONS Standard Form 1,5 (Purchase of Services-Long Form) Revised 2008 losses and 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 must be endorsed to include County and its officers and'employees as additional *insureds as to all services performed by Contractor under this Contract Said policies must 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) will 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 greater than $500,000,the aforementioned insurance coverage to be provided by Contractor must have a minimum combined single limit coverage of$1,000,000,and Contractor must provide County with a copy of the endorsement making the County an additional insured on all commercial 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 must provide workers' compensation *insurance coverage for its employees. C. Certificate of Insurance. The Contractor. must provide 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 Contractor should renew the insurance pohcy(ics) or acquire either' a new *insurance pohcy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor must provide (a)''current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor must 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 must be in writing and may be delivered by deposit in the United States mail,postage prepaid. Notices to County must be addressed to die head of the county department for which this Contract is made. Notices to Contractor must be addressed to the Contractor's address designated herein. The effective date of notice is the date of deposit in the mails or of other delivery, except that the effective date of notice to County is the date of receipt by die head of the county department for wlu*cli duis Contract is made. 21. Primacy of General Conditions. In die event of a conflict between die General Conditions and die Special Conditions,the General Conditions govern unless die Special Conditions or Service Plan expressly provide otherwise. 22. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understanding that die services provided by Contractor under thi's Contract will be purchased by County under a new contract following expiration or termination of this Contract, and Contractor waives all nights or claims to notice or hearing respecting any failure to continue purchasing all or any such senrices from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim or night to die possession of land or improvements, but does not vest ownership of the land or improvements, in die same person, or if dris Contractor County Dept. Fonn 1,5 (Page 5 of 7) Contra Costa County GENERAL CONDITIONS Standard Form 1,5 (Purchase of Services-Long Form) Revised 2008 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 die payment of property taxes levied on such interest. Contractor agrees that this provision complies with die notice requirements of Revenue & Taxation Code Section 107.6, and waives all riglits to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Noduing in dris Contract may be construed to create,and the parties do not intend to create, any rights in diird parties. 25. Copyrights and Rights in Data. Contractor will not publisli or transfer any materials produced or resulting from activities supported by this Contract widiout-die express written consent of the County Administrator. If any material is subject to copyright, County reserves die 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. In its capacity as a contractor with Contra Costa County,Contractor will not publicly endorse or oppose the use of any particular brand,name or cominercial productAithout the prior written approval of the Board of -Supervisors. In its County-contractor'capacity, Contractor will not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in die absence of a well-established and widely accepted scientific basis for such claims or Nkridiout die prior wn'itten approval of die Board of Supervisors. In its County-contractor capacity, Contractor will 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 die Contractor's presence in die advertisement can reasonably be *interpreted as an endorsement of die product by or on belialf of Contra Costa County. Nowridistanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors;County officers,or others who may be audionized by die Board of Supervisors or by law to receive suchkriews. r 27. Required Audit (A) If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year from any source, Contractor must provide to County, at Contractor's expense, an audit conforming to die requirements set fordi 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 from any source, but such grant imposes specific audit requirements,,.Contractor must provide County widi an audit conforming to those requirements. (C) If Contractor is funded by,less than $500,000 in federal grant funds in any fiscal year 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), die pass-through entity and/or the County. If any such audit is required, Contractor must provide County widi such audit. With respect to the audits specified in (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of die audit, and for its cost- County may lAridihold die estimated cost of the audit or 10 percent of die contract amount, whicliever is greater,or the final payment, from Contractor until County receives die audit from Contractor. Contractor County Dept. Form 1,5 (Page 6 of 7) Contra Costa County GENERAL CONDMONS Standard Form Ifs (Purchase of Services-Long Form) Revised 2008 28. Authorization. Contractor,or the representative(s) signing this Contract on behalf of Contractor,represents and warrants that it has full power and authority to enter into this Contract and to perform the obligations set forth herein. 29. No Implied Waiver. The waiver by County of any breach of any term or provision of this Contract will not be deemed to be a waiver of such term or provision or of any subsequent breach of the same or any other term or provision contained herein. Contractor County Dept. Form 1,5 (Page 7 of 7) EXHIBIT 1 APPROVED GRANT BUDGET 2008-2010 SAFE HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE GRANT PROGRAM CONTRA COSTA COUNTY,CALIFORNIA ZERO TOLERANCE ACCESS&VISITATION PROGRAM Name of Contractor Community Violence Solutions (CVS) Detail attached $212,240 CONTRACTOR COMPUTATION DETAIL CONTRACTS. CVS Personnel FTE Computation x 24 mo Executive Director 0.10 ($7,768 mo x 10 x 24 mo) $18,644 Project Director Year 1 0.65 ($4,924 mo x .65 x 12 mo) $38,412 Project Director Year 2 0.70 ($5,101 mo x .70 x 12 mo) $42,848 Visitation Specialist 0.50 ($3,037 mo x .50 x 24 mo) $36,444 Total Personnel $136,348 CVS Fringe Benefits Rate Computation x 24 mo, FICA 7.65% ($136,348 x 7.65%) $10,432 Medical 7.00% ($136,348 x 7.00%) $9,544 Workers Comp 1.35% ($136,348 x1.35%) $1,841 Sul 1.00% ($136,348 x 1.00%) $1,363 Pension plan 1.00% ($136,348 x 1.00%) $1,363 Total Fringe Benefits 18.0% $24,543 CVS (Subcontract) Computation x 104wks Security Guards ($20 x 20 hrs x 104 wks) $41,600 Total Subcontract $41,600 CVS Other Computation x 24 mo Visitation Specialist Interns ($500 per yr x 2 interns x 2 yrs) $2,000 Lease ($322.88 per mo x 24 mo) $7,749 Total Other $9,749 .... ......... .... .5n TOTAL, COMMUNITY; SOLUTIONS $212246. Contra Costa County Revised Budget Narrative—Page I of 3 Safe Havens:Supervised Visitation and Safe Exchange Grant Program SAFE HAVENS:SUPERVISED VISITATION AND SAFE EXCHANGE GRANT PROGRAM BUDGET2008-2010 CONTRA COSTA COUNTY,CALIFORNIA ZERO TOLERANCE AccEss&VISITATION PROGRAM BUDGET NARRATIVE Proiect Period: 24 months COMMUNITY VIOLENCE SOLUTIONS- $212,240 Sole Source Justification: Community unity 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 relatedto sexual assault, stalking and child abuse. Executive Director-Community Violence Solutions- $18,644 Rhonda James, MFT: The Executive Director is responsible for all of CVS's operations and will oversee the progress- toward project goals and objectives. She is a key Director in the implementation, planning of the facility, protocols, and staff supervision. She will also ensure the project's compliance in provision of data. She will coordinate staff, evaluation procedures, and production of materials and training content. Salary figure is based on $7,768 per month x 0.10 FTE for 24 months. Project Director-Community Violence Solutions-$81,260 Reina Sandoval-Beverly: The Project Director oversees all supervised visitation center activities, conducts case reviews on a monthly basis with staff, completes court reports, completes grant reporting; and ensures effective linkages to referrals to victim & children's services. The Project Director is responsible for all aspects of the program, including program/office management, supervision of employees-and interns, provides safety assessments & tools for short and long term planning and referrals to needed' advocacy services for participants. Salary figure is based on $4,924-$5,101 per month x 65 FTE to .70 FTE for 24 months. Visitation Specialist- Community Violence Solutions -$36,444 Araceli Garcia: The monitor supervises visitations at the facility and provides documentation of the process. Monitors are present during child exchanges and visits and record details of the interactions between visiting family members according to Court orders or other agreements. They intervene or terminate visits when necessary to ensure the safety and welfare of the child or adult participants. Salary figure is based on$3,037 month x 0.50 FTE for 24 months. Community Violence Solutions Fringe (18%) - $24,543 Fringe benefits covers the'three personnel positions as listed above. Calculation is $130,718 x 18% to total $23,528. Contra Costa County—Revised Budget Narrative—Page 2 of 3 Safe Havens:Supervised Visitation and Safe Exchange Grant Program Security Guards- Community Violence Solutions - $41,600 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" &milies will occur on select days and/or hours when a security guard is on the premises. Estimated security guard hours are 20 hours per week for 104 weeks. Visitation Specialist Interns—Community Violence Solutions -$2,000 These interns will receive $500 per year. They will work in tandem with the Visitation Specialists in monitoring child visitations and exchanges. Figure is based on two interns x $500 per year for 2 years. Lease-Community Violence Solutions- $7,749 CVS has 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 are designated for simultaneous visitation. Two rooms are utilized for parents while the fifth room is a playroom for waiting children. The estimated square footage of the site area and program operations is 4500 square feet. Contra Costa County—Revised Budget Narrative—Page 3 of 3 Safe Havens:Supervised Visitation and Safe Exchange Grant Program Attachment A SAMPLE OF PERSONNEL EXPENSE SUMMARY Community Violence Solutions 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 I Worked on Charged Hourly Employee Number Position Pay Period Program to Safe Rate Amount (%FTE) Havens 10/1/08 to John Doe#XXX Director 12/31/08 100 80 $XXX $XXX 10/1/08 to Jane Doe#XXX Case Manager 12/31/08 . 100 80 $XXX $XXX 10/1/08 to Jane Doe#XXX Case Manager 12/31/08 100 80 $XXX $XXX 10/1/08 to Jane Doe#XXX Case Manager 12/31/08 100 80 $XXX $XXX Total Wages $XXX Taxes/Benefits FICA/Medicare (7.65%) $XXX Worker's Compensation (1.35%) $XXX Health Insurance (7.00%) $XXX SUI(1.00%) $XXX Pension Plan(1.00%) `>XXX Total Taxes and Benefits (18.00%) $XXX Personnel Expenses Claimed for Reimbursement $XXX CERTIFICATION OF QUARTERLY FINANCIAL REPORT SAFE HAVENS EXPENDITURES Quarter Ending , fiscal year ending June 30, 20______ 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 OF OPERATING EXPENSE SUMMARY Department Name Safe Havens: Supervised Visitation and Safe Exchange Grant Program Award No. 2006-CW-AX-0015 (Date) Reimbursement Request Operating Expense Summary Payment Date Vendor Reference Amount Total Pa ment: Operating Expenses Claimed for Reimbursement SXXX CERTIFICATION OF QUARTERLY FINANCIAL REPORT SAFE HAVENS EXPENDITURES Quarter Ending , fiscal year ending June.30, 20 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 J Title Date Attachment C VENDOR NO. DEMAND 44 D 0 4 1 4 8 On the Treasury of the COUNTY OF CONTRA COSTA STATE OF CALIFORNIA DATE Made By: Communitv Violence Solutions - IMPORTANT NAME (LAST) (FIRST) See Instruction on Reverse Side 2101 Van Ness Street ADDRESS San Pablo CA 94806 CITY, STATE ZIP CODE For the sum of Dollars $ As itemized below: 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 VENDOR NO. Received, Accepted, and Expenditure Authorized DEPARTMENT HEAD OR CHIEF DEPUTY � 0 4 1 4 8 SUM NO. INV.DATE DESCRIPTION FUND/ORG. ACCOUNT ENCUMBRANCE NO. P/C PAYMENT AMT. TASK OPTION ACTIVITY CC DISCOUNT AMT. K �a SUM NO. INV.DATE DESCRIPTION FUND/ORG. ACCOUNT ENCUMBRANCE NO. P/C PAYMENT AMT. �iz � € TASK OPTION ACTIVITY DISCOUNT AMT. v t t " "9 "°mss.: - "yF;�. KK.. ,,.. _ .., z, .a .,.;: ,� •,,.:x:. .. -,,._ .,.. .«.,x, y,,.. ..«. <.r .rem ,..a . ,.. ,,. SUM �NO. INV.DA11 TE ro DESCRIPTION FUND/ORG. ACCOUNT ENCUMBRANCE NO. P/C PAYMENT AMT. TASK OPTION ACTIVITY TAMT. , (D15 Rev. 10/77) H:\Work for Devorah Levine\Grants\Safe Haven\Contracts\Attachment C Demand Form CVS.doc ii