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HomeMy WebLinkAboutMINUTES - 06281994 - X.1 TO: BOARD OF SUPERVISORS ......•..o� Contra r' FROM. Finance Committee, Tom Torlakson Costa z: County Gayle Bishop DATE: June 28, 1994 SUBJECT: FINANCING PLAN FOR CHILD CARE SERVICES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Allocate $150,300 of the Child Care Affordability Fund monies in the following manner: $ 36,530 Contra Costa Child Care Council for the provision of child care resources and referral services. $113,770 For provision of parent choice child care subsidies to low income working parents - to be administered by the Child Care Council through a contract with the Social Service Department. 2a. Allocate $99,700 of the remaining Child Care Affordability Fund monies to Social Service Department contracts with the following community-based organizations: $ 7,500 Family and Community Services $67,500 Contra Costa Food Bank $24,700 Child Abuse Prevention Council of Contra Costa County (Supervisor Bishop Only) CONTINUED ON ATTACHMENT: YES SIGNATURE: -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): Tom Torlakson Gayle Bishop ACTION OF BOARD ON June 28, 1994 APPROVED AS RECOMMENDED OTHER The Board unanimously approved Recommendation No. 1 above. Supervisor Bishop moved to include in that motion the items listed in 2a as an advance. The motion died for lack of a second. The following persons appeared to give testimony: Larry Sly, Contra Costa Food Bank; Jennifer Summerton, Child Abuse Prevention Council; Frances Green, Pittsburg Pre-School Co- ordinating Council; and Wilda Davisson, Community Services. Supervisor Torlakson moved to ALLOCATE the $99,700 in Recommendation 2a and b 50% each to the Pittsburg Pre-School Coordinating Council and to Pullman and Maritime Child Care Centers in 'Richmond; -and -to-tentatively earmark the--same amount for next year; and to DIRECT that priority consideration be given to finding funding for the organizations listed in 2a above during the coming budget process. Supervisors Bishop and DeSaulnier voted no. The motion scarried with Supervisors Smith, Torlakson and Powers voting aye. I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT see above ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED June 28, 1994 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Administrator County Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Social Services Director Social Services Contract Unit Community Services BY DEPUTY Page 2 2b. Defer action on the allocation of $99,700 and discuss during budget hearings. Consider other child care proposals including the Child Care Centers in Richmond and the Infant Care Program of the Pittsburg Pre-School Coordinating Council. (Supervisor Torlakson Only) BACKGROUND: On June 27 the Finance Committee formulated recommendations for the distribution of Child Care Affordability Funds for 1994-95. This recommendation was considered an urgency item for Board action on June 28 because of the possibility of program cuts and layoffs with three contractors. The Committee agreed on the distribution of funds to the Child Care Council, but disagreed on a second recommendation distributing the remaining monies. Supervisor Bishop recommended continuation of funding for three community-based contractors which are not directly providing child care services. Supervisor Torlakson recommended deferring action until budget hearings and considering other child care proposals submitted to the Committee (see Attachments one and two). The Child Care affordability guidelines appear in Attachment three. rKAY — 1 9 -94 THU 125 - 1 '7 L4 _ GO _ — CON - SER _ DEPT _ r _ W2 S � ' Attachment 1 DAU- r)5/l"" TO; Tony EneR%.�>nhx Ikpvty Otanty Adminlwir.rr,w FROM. ll Wilda DavLsso ,Child De:veloprnunt ManuN-r A 1100 gh Joan varks,Coams.Seer. 1kpt Dimfor WlsULl". background Information an T.U.T Cbild Care Affordability Trwit F urxf .* ........jjjA .....A-I-F4.1 t-F-i##i-i-F+j M *.+.. +....... Fig It a June 22, 1991 Bourd t ar six ttxxnnu1en41ations ftw use of ft, 1993-94 T.O.T. Child Care. Affbx dabfhty Trutt Fund and a prut(M)l for futum use of ttte fund wort: given. Funds were divu'led from child care for ottler use's. Howcver, (lie sixth recommerjdalion reads as follows: "1)1 ECL.A RE the hitent of the BoaW to divert 0411 Cure AffordWAlity Trust Funds for timse sono txs only in FY 1993.4 and that Binding. in future yew's shall he sut�jccl to the RF1' 41pplisation and fundhip pr4.)xss of FALI',C:SI;I.i,anti Cl,MG." Combiutlity Soryires lepartrllcat was owt awart,of an offering or Rw;gV11catiors for the 1994- 95 Child tare Afibrdability Trust Fund monivs We haul uwaitai this offcar because of a very scrim need that hm develgwd in twr C mnl Y CUld IXvelupn;cni Division. Because of the cizaijidg climate in Wm C(xtnty with mg-,mis it)the Owul emergency of the former Richnu)nd Uniflid School District, County U:aw Mattagerttvnt WM unable to obtain a secure te*a on the Puittnafl told M;it'itime Children's C'wtttr�, Titc�se two CCtltels wc�rc�recently plauxi on the listing .Of sufpluS property by tlx:newly IbnVed West Contra Coma Unified Schmil [district. Tour of the ,oi'fuc�ngs frc)rn il>t: Lisilttl; h:tvt: utre:►tty txcu Kcdc, increasing out concerns :ttx)ul our amiinucd usage of the handbags. In u Board Ordex iJgned April 16, 1994, tlx: Supervisors authorized the Y)hurt: of of Cienend Servi=to negotiate; with the Wt'.C;USU fur thc', lt;ai--, least. purchase of the wit tpe and Pullman Centers. Copios cif the u 4vWsal by i'lantw1c Appraisal Service wort sc1lt 'tot ypur review. 'Mae ce nterst, lotAted in the from Triu igic of Rictnxind, cutr+t:ntly 1U)Use: the two largest cub :1417- exi child care programs in our Ctvmy. 'tbey also houme, adtturrlstrative offices add SUxages apwe. The chart below shows.the extent of Iho sc:rvic c prc)vicild at It1CSC tritcS: D 'Rli'TI4)N OF r S MARr1'IMtt: lyLllfL.MAN ADDRUS'S 141011.U1t1AA AWNIlh 2730 MAINE AVENUR DAYS Of 0.MA'11CNV Mt.NDAY-F1tlDAY Mt)NI)AYT RIDAY 110ftS tyl%W-IRXIION 6,45 A.M.-5:45 P.M. 6-145 A.M.-5:45 P.M, ANNUM.VVND1N0 $W,13.5 U25.u27 ni'1 S OF PROGRAMS Pill.[;.DAY CHILD CA[tl. 1111.1,DAY Cilll,l)CARL; IIAU J)AY PRCSCHWI, VAILY MEN,SERVICE VRF:AKI*AS1',LUN01,SNACK 119MICPAS7',t.UNCX SNACK ('[ifC.t}RIIN SI.'[tVU) 162 17.1 i% L;lFiS R i1tV1sD lA► I!d) T H U 1 3 : 1 8 W _ 00 - - CON - SER _ DEPT . r e 3 The numbers aWve arc significant N%cauw; Clic 270 familics uxvcct :tre: amcyttg ttte pixOrest citizens:in(he Comity. To he Wigiblo for our xcx Awa 230 o f ik-w p=nts must be working or in job.tralining.prWmns that will lead to 44slf-sit2io eney, iulenuptiorn ell'their;tuhsidized child nitre results In lash of jobs and/or training. When IoW Itt )mc, working parents lyse suWdiu;:d Child Cate itrewy am caught in a downward Viral ... Ions of joh, loss cif nxxticul insurance, attd lots of housing. 'they must enter Into the wasiram gstem to sustain fiii: lir, theinselves and Opeir children. SometimeR they Inst tltc awlit.y on'will itr lx)ld their f utrilies loge-lltc,and the children are placed 1st fcmter care. Lass ol" subsidized child 4�trc: ittoiircctly incrca� aloe cWt of governthent servic m and adversely hn;*cts budgets In several County dclxirtinents. The low of space in thm building;would have than billowing irnmcxfiutc impact: •The annual $1.685,962 in ,State Departmenl of kducatio n, and Fetleral Title IV•A fbn0s would be lost to lite County if we had no liccll%ed spaW to serve lite children. Tl'w state funds provide the 5th match for Fcxlend dollum, •'lltc Sate and federal annual reinibur.7enlent to lite Camiuy's CUld anti Adult Food Program would be rcdacect by$103,221 •Fifty-ibur County employees would lase;their jobs. *Tile oftlee space fcw thew Child I)evelrpoWnt MyWon would he lost ami udditiutud space: to fntu�6 employees would nwd to dc:axpired al additional exp cmw. •The kiteaTy AaSsJsfance()fficx wnulct nLvd.to be rckxated at.additional expense. o,5toxigre:Kpace for child developinenl.equipmeox and supplies would W.an additional cxpenwo albe lass of these two Giles would disrupt the ensure: administralivc and tiscal siructure of lite County's Child IXvelopa tent i7ivt.�;�W and affm-t the Funding of Ili uddlihmul Preschool cla.4scs operattod by 6 delegate agencie9. e Rte .atbility of the Child LX,,-wl(*intent lhvtsiOn to attract prc,jcxted future ini=asw in rederal/Statc:Funding would W adversely aalfWcci. Additionally, them;two MIM have boom iocajul in the Iron Uunbic O'Kia hniond for over 50 years p mIding a iac:us for coaununity activilio. The Pullman Center i>i u..%-d a palling place in each clechon. The c enlen um used as public immuniratian site s, cAmintunity meeting places, ernpllyoeo uraining Wntcm, (x)minuni(y htf'canmaticm dishursemcnt conte;ns, cte. Malty of the employees who itafY iltesc:ctmt= am o m)wunif.y incl church Ica*rs. Many oaf then urea's adults c:itizea s atlWtde d these centem as chiltwn, .T1t.ow fcari»car.mu&nlx airs: tits; backtxane of lite Iron Tiiangte tx mmunity. They help to provide:mthility io a conintuoily tttsal by ftte urban diseases of povGtty, (anally disintlegratim homeieatl w clang Gonna:, ethnic and vi(AenW. IA)SS of those sites would add immea vrably to the detsitucticni orb,"in the,c-itizenx of ibis area. Community Services I)epartment hats t>we:nt wurki08 with Altus 1111aiif f'cr of Oemttl Servlx~s, L4ease Mallagement Division and SupCrvjKw llowers to prexlucc a purchase package fc>r Board action. We are In tett; middle of negotiations mut have almtsly made an Investment of c tmsiderable time and half the mist of the,".W)appraisul fox. What we tackle move ahead to prevent the loM of thole tacilifies is so,%;d money, Tile appraiswel value of lite two shoe is $477►5{10 and tate negotiated price Could W Notncwitat loss. We milim that the buildings will neW Additional invesUlwat for derated."nfett=c a and repairx once the:purchase is Wrnpleto d. In addition Supervi*x Po wzm is also pttrstttng:priv:atc flurtots to ussixt in(MI111cting the project. We have disWssed a dawn payment and annual:an t(A.Ization plan it)p urt base die sites. Political �+Ea �r — ice — s4 �rrtu i3 = i � w . �; ., . _ — t i.rtw cMIXIS U1 the SlatC level wom di�:usan d at the ljirn w Cour mittec mec(ing but 1 am unawam if any formalized request has 17eAm made;to state legislatom far asmistant,e as of dila; time although Wild nal talk.%•have aecuarnA. WCstigge,5ttt that tt mighd Ix: ten the County`, U'Llvaniage to (le.l:ty uctiun on the 1994-5 'l'AIT. Od16 Care: Afrordabilily Trust !~rind ter the next several wrack.« until t cdu; Management and state level political initiatives have Wvn axwe tlnomughly studied and numbers of dollars for a possible"down payment"on ft prop hU)s could be aswssu+d and negotiated. Thank you for you kind a,ssistatux in ttd%mutm ll'you need turttwr Wtiumution please c ontoct Jim Spaarb w X7150, W, Juan Sp ark,% Alan Pfciftcr b Attachment 2 (510)439.2061 FAX(510)432.7473 Coordinating Counc• , Inc. 1760 Chester Drive, Pittsburg,California 94565-3920 N Q 13 May 1994 jt; o �� ®� VContra Costa County Administrators Office 1 ATTN: Tony Enea, Financial Officer 651 Pine Street, 10th Floor 4) Martinez, CA 94553 IL Dear Mr. Enea: J Pre-School Coordinating Council, Inc. , (P.S.C.C. ) is rez�� �' �c funds from the Contra Costa County Child Care Affordability Fund to support its Therapeutic Infant Care program which provides year-round comprehensive developmental child care and family services to 24 low-income, at-risk infants and toddlers and their families. P.S.C.C. is the only Center-based day care in East County and one of the few resources for comprehensive infant care. It currently has a waiting list of over 104 infants and toddlers for those services. P. S.C.C. has no permanent funding for its Therapeutic Infant Care program, which is now in its fifth year. It has been supported by a blending of private foundation and public funds secured on a year-by-year basis. However, we are uncer-ain of being able to continue the program at its present level since we recently were notified that two foundations who have provided strong support since the inception of the program are no longer funding child care programs. At this time, we feel we can secure only $40, 000 to $60, 000 each year and will need to cut services. An on-going- grant of $100, 000 from the Contra Costa County Child Care Affordability Fund would provide continuity of services and allow us to maintain the Therapeutic Infant Care program at its present level. It would also offer incentive for .foundations to grant funds--even small amounts--because they know the program has basic funding which makes it viable on an on-going basis. I have attached a summary of the Therapeutic Infant Care program and a brief synopsis of other services provided. Please let me know if you need further information on a complete proposal. I look forward to hearing from you. FOR OUR CHILDREN Frances Greene Executive Director Fes.!j m THERAPEUTIC INrANT CARE PROGRAM -- SUMMARY Pre-School Coordinating Council, Inc. 1760 Chester Drive Pittsburg, CA 94565 (510) 439-2061 Director and Project Contact: Frances Greene ORGANIZATION P.S.C.C. is a community-based, non-profit, tax exempt, minority agency whose mission is to assist low- and no-income individuals and families in remaining or becoming self- sufficient through education, training and temporary social service assistance. It is funded by public and private sources. POPULATION SERVED P.S.C.C. serves, at reduced or no cost, low-income at-risk families from Pittsburg's E1 Pueblo Housing Development, the cities of Pittsburg, West Pittsburg and Antioch, and adjacent parts of east Contra Costa County. Families currently served are: - 100% low income - 23% non-English speaking - 90% single female head of household - 15% homeless - 60% referred by Protective Services for child abuse/neglect - 95% minorities--60% Blacks, 30% Latinos, 10% Asians PROGRAM DESIGN RATIONALE: Early psychosocial and developmental intervention can help prevent and reverse handicaps in children of dysfunctional families by strengthening family life through comprehensive services while providing needed health care, a positive self image, and developmental and academic basics to the child. Goals: To provide quality, subsidized day care to substance-abusing, homeless and other at-risk families in order to (1. Diminish handicapping effects of the dysfunctional family on infants and toddlers, enabling them to succeed in school in later years and (2. Help families meet their parenting, housing, health and employment needs by re-establishing their connections with community services. Target population: 24 at-risk infants/toddlers and their families Objectives--To be achieved annually: -To increase by at least 40% the emotional, developmental and physical ak�;ilities of each child as measured by standardized screenings. - To increase parenting skills by 30% in at least 75% of the parents/families of the children. - To increase by at least 30% the number of adults able to demonstrate 4 ways of dealing with stress, frustration, or disagreements without violence. - To assist at least 60% of the families in overcoming substance abuse problems and/or obtaining employment, housing and continuing health care. - To evaluate the effectiveness of the Therapeutic Infant Care Project. Methods: Trained staff provide year-round therapeutic, licensed day care to infants/toddlers of at-risk families. Concurrently, P.S.C.C. professional staff provide children/families with needed health. services, including immunizations and HIV/AIDS prevention, and therapy and counseling; provide assistance to families in substance abuse rehabilitation, life skills, literacy, housing, and training/work opportunities; and provide assistance to educational staff and volunteers in working with the children. Training in positive, developmental child care is offered parents and includes modeling by day care staff. Staff coordinate with County Health, Protective Services, Mental Health, homeless shelter and other public and private agencies to provide services. BUDGET Services to 24 children and families (estimated 60 participants) $160,000 AMOUNT NEEDED P.S.C.C. is requesting a grant of $100,000 from the Child Care Affordability Fund to support its Therapeutic Infant Care program. BOARD OF SUPERVISORS . Contra Attachment 3 FROM: FINANCE COMMITTEE: Costa Nancy Fanden Tom Torlakson DATE CountyCountyApril 9, 1991 ' " SUBJECT. PROCEDURES FOR ESTABLISHING A CHILD CARE AFFORbABILITY FUND (PECIFIC REOUEST(S)OR RECOMMENDATION(s)k BACKGROUND AND JUSTIfICATION RECOMMENDATION• Approve the County Administrator's proposed procedure for using Transient Occupancy Tax (TOT) revenue from the Embassy Suites Hotel to establish a Child Care Affordability Fund. BACKQROUND• On December 18, 1990, the Board ordered that $20,000 of TOT revenue from the new Embassy Suites Hotel be earmarked for child care services provided by the Pittsburg Pre-School Coordinating Council. In its discussions of this item, the Board directed that the County Administrator report on a procedure for establishing a Child Care Affordability Account from the TOT generated from the New Embassy Suites Hotel. On February 12, 1991, the Board referred the County Administrator's proposed procedure to the Finance Committee for review. On the same day the Board reaffirmed the allocation of $20,000 in TOT revenue from the Embassy Suites hotel to the Pittsburg Pre-School Coordinating Council for child care services. CONTINUEAON ATTACHMENT: ,_[LYES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _APPROVE _OTHER /Z. SIGNATURE(SY. Nancy y h n Ttm lbrlakson ACTION OF BOARD ON. AAr i l 16, 1991 APPROVED AS RECOMMENDED_X OTHER Supervisor Robert Schroder voted NO, stating that in light of the uncertain financial situation at this time he did not feel it was appropriate to fund a new program. Supervisor Nancy Fanden ABSTAINED from voting, stating that while she supports the concept of the Child Care Affordability Fund, she believes the program should be delayed until final budget figures are available. VOTE Of SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE _UNANIMOUS(ABSENT AND CORRECT COPY Of AN ACTION TAKEN AYES:-1, IV, y NOES: I I I AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: I I Of SUPERVISORS ON THE DATE BHOWN. ca ��. ATTESTED Auuditor I S Offloe PHIL BATZ=.IELOR.CLERK OF THE BOARO OF Community Services SUPERVISORS ANO COUNTY ADMINISTRATOR Housing Authority Child Care Council BY ,DEPUTY -2- On March 11, the Finance Committee heard lengthy testimony from a variety of- community interests. The testimony generated questions which require further research and discussion in the areas of children services and priorities, child care facility needs and coordination with cities and school districts. As a result, the Committee requested staff to collect additional information and set March 25 as a meeting date to discuss the information. The information developed is attached. In view of recent Board action on child care and the March 11 Finance Committee deliberations, staff . proposed that the Committee consider establishing a Child Care Affordability Funding, using the procedures listed below. 1. Establish a Child Care Affordability Trust Fund. 2. Designate 50% of the TOT revenues from the Embassy Suites Hotel for allocation to the trust fund, not to exceed $250,000 annually. 3. Effective January 1, 1991 through June 30, 1992, allocate the revenues deposited in the fund as follows: a) 420,000 to the Pittsburg Pre-School Coordinating Council for matching private foundation funds.; and b) 5200,000 to the County Housing Authority for the North Richmond Child Care project for capital construction; C) The remaining amount for assisting parents with child care affordability needs. 4. Beginning July 1, 1992, and thereafter, monies from the fund shall be allocated for the purpose of assisting parents with child care affordability needs. However, the Board, by a four-fifths vote, can redirect revenues from the fund to address emergencies. 5. Require a quarterly reporting of the status of the fund. The Committee heard lengthy testimony on the establishment of a Child Care Affordability Fund. Representatives from Employee Union Local One and the Taxpayers Association opposed the fund, arguing that new programs are not appropriate during a budget crisis. Others testified that there are more pressing needs in providing services to youth, such as child protective services, probation services and health services. Representatives from the Child Care Council supported the fund, stressing that child care is in keeping with the Board's priority of prevention programs designed to reduce crime, improve nutrition, reduce child abuse and strengthen social skills. Child Care Council spokesperson also indicated that child care programs strengthen the family unit. Other persons indicated that a County fund will be a valuable tool to leverage other Federal and State monis. After deliberation on the issues, the Committee decided to support the proposed procedures, with the conditions presented below: I. Monies allocated from the Affordability Fund be closely linked to Health Services and Social Services' needs. 2. The Housing Authority . and the Community Services and Community Development .Departments work together in securing funding for capital ne`ds. 3. The community Development Department prepare a report on developer contributions. to child care. -3- 4. The child care providers be informed that monies flowing to the Fund will not reach $250,000 this fiscal year. Additionally, the Committee proposed that future child care efforts include: I. The County Child Care Council re-emphasizing efforts to gain support from new and existing employers; 2. The County re-examine child care needs for County employees; and 3. The Council and County explore child care facility needs in the Oakley and Martinez areas and the potential for leveraging available sources of funds. DATE: _ 2 REQUEST To SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place .it in the box near the speakers' rostrum before addressing the Board. NAME: �. ; / ` �. PHONE: ADFDRESS: S/U I f'��'n r' � !fr�r�-�, n Ic�i�� `� CI-rY: �" I am speaking formyself OR organization: (NAME OF ORGANI73TION) Check one: I wish to speak on Agenda Item # My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. DATE: REQUEST. TO .SPEAK FORM . (THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers' rostrum before addressin the Board. NAME: 0M � C`! PHONE: G ADDRESS: �'�SrU .�PZI�1��� //o CITY: I am speaking formyself OR organization: �G (NAME OF ORGANIZATION) Check one: I wish to speak on Agenda Item # My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. DATE: toI28LR REguEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME:�o� PHONE: `?'f(o-qgb/ ADDRESS: I qSS T � 20-zr CITY: 1 )�t�rvrZ I am speaking formyself OR organization: Ceor,)CA L- Check one: (NAME OF, ORGAN II-XI'ION) I wish to speak on Agenda Item # My comments will be: general for against ✓ I wish to speak on the subjectof I do not wish to speak but leave these comments for the Board to consider. DATE: REQITMT To SPEAK FoRM (THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers' rostrum before addressing the Board. q NAME: Z11 Q/L���2.54.. PHONE: / 3-7-F3 ADDRESS: 13 iy r'c TV CrIY: I am speaking formyself OR organization: QCs oh (NAME OF ORGANIZATION) ( . Check one: I wish to speak on Agenda Item # _ f My comments will be: general for against 1% I wish to speak on the subject of I do not wish to speak but leave these comments or the Board to consider. DATE: REQUEST TO SPEAK FORM THREE (3) MINUTE LIMIT -3 Complete this form and place it in the box near the speakers' rostrum before address' the Board. NAME: RHONE: ADDRESS: CITY: I am speaking formyself OR organization: Check one: NAME OF ORGANI7.1�TION) I wish to speak on Agenda Item # L--� My comments will be: general for against I wish to speak on the subject of I do not wish to speak but heave these comments for the Board to consider. DATE: REQUEST TO SPEAK FORM , (THREE (3) MINUTE LIMIT) Complete this form and placeit in the box near the speakers' rostrum before addressing the Board. c NAME: W,t.. PHONE: lie0 ADDRESS: 5 Tir C*i CITY: 10, I am speaking formyself OR organization: C&wv% - C s, Check one: Lam— (NAME OF ORCA. 17,NTION) I wish to speak on Agenda Item # My comments will be: general for against. I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. Cont a Costa County Number 21-185 Stan and Form 1/87 STANDARD CONTRACT Fund/org (Purchase of Services) Account 2310 1. Contract Identification. other f Department: Social Service Subject: Parent choice child care subsidies to low-income working parents Z. Parties. The County of Contra Costa, California (County), for its Department named , above, and the following-named Contractor mutually agree and promise as follows: contractor: Contra Costa Child Care Council Taxpayer IDI.L4-2383037 capacity: Non-profit corporation Address: 2450 Stanwell Dr., #110 Concord, Ca 94520 3. Term. The effective date of this Contract is July 1, 1994 and it terminates June 30, 1995 unless sooner terminated as provided herein. 6. Payment Limit. County's total payments to Contractor under this Contract shall not exceed S 111,77D 5. County's Obligations. county shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. S. Proiect. This Contract implements in whole or in part .the following described Project, the application and approval documents of which are incorporated herein by reference: NA S. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUP V RS of Supervisors and County Administrator By By �sL C ai an Deputy ­711 CONTRACTOR gy / .Zy�J� r,C'C ¢- � By (Designate official business capacity A. ) (Designate official us nese capacity B. ) Nose 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 51190 and Corporations Code S313). All signatures must be acknowledged as set forth on page two. (C:SC-SP) `Contra Costa County Standard Form 6/91 ACKNOWLEDGEMENT Number 21-185 State of California ACKNOWLEDGEMENT (By Corporation, Partnership, or Individual) County of �e���• L The'person(s) signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representative(s) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its by-laws or a resolution of its board of directors.— Dated: taria4 F-f4afL SEAL r . ,; BEUc�ill' J FtUFFhiAN Notary Public D ty Cou t Clerk OT !'1 PJCL:C-CALIFORNIA '+mss CONTRA COSTA COUNTY ACIOIOWLEDGEMENT State of California ACKNOWLEDGEMENT (By Corporation, Partnership, or Individual) County of The person(s) signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representative(s) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership aamed above executed it or acknowledged to me that the corporation named above- executed it pursuant to its by-laws or a resolution of its board of directors. )ated: (Notarial Seal) Notary Public/Deputy County Clerk APPROVALS/ACKNOWLEDGEMENT APPROVALS RECO NDE BY DEPART T FORM APPROVED By esignee APPROVED: COqTY ADMINISTRATOR By D gnee ':APP-ACi',2) -2- ContraICosta County Standard Form 2190 PAYMENT PROVISIONS (Cost Basis Contracts) Number 21-185 1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all services provided for County under this Contract shall only be for costs that are allowable costs that are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject to later adjustments in total payments as provided below, and subject to the Payment Limit of this Contract, County will pay Contractor as full compen- sation for all services, work, expenses or costs provided or incurred by Contractor: (Check one alternative only) [ ] a. $ monthly, or [ J b. $ per unit, as defined in the Service Plan, or [X] c. An amount equal to Contractor's allowable costs that are actually incurred each month, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. [ ] d. As set-forth in Paragraph 1 of the Service Plan. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: (Check applicable Alternative) [ J a. Department of Health & Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and other documents specified in the Service Plan regarding principles for determining and allocating the allowable costs of providing the services; and any standards set forth in the Service Plan for determining the allowability of selected items of costs of providing the services. [ J Federal Management Circular A-87, including any amendments to the circular published in the Federal Register-by OMB is to be used for determining allow- able costs of activities conducted by state and local governmental agencies. ( ) OMB Circular A-122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals). [ ] 41 CFR, Subpart 1-15.2 shall be used for profit organizations other than hospitals. [ ] OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit institutions). [ ) Appendix E, Subpart Q Section 74.173 shall be used for determining costs of research, development work, and other activities for determining allowable costs; - or [ ) b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. y Initials: Contractor County Deat. -1- Cont 3 tiosta County Standard Form 2/90 PAYMENT PROVISIONS (Cost Basis Contracts) Number 21-185 [ ) c. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674, Section 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, Section 505.4 and any amendments thereto. 4. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. 5. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 4. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 6. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or 'to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 7. Cost Report and Settlement. No later than forty-five (45) days. following the termi- nation of this Contract, Contractor shall submit to County a cost report in the-form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, subject nevertheless to the Payment Limit of this contract, County will remit any such excess amount to Contractor, provided that the payments made, together with any such excess amount, may not exceed the Contract Payment Limit. If said cost report shows that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. 8. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies, or contracts, but in no event later than 90.days from the termination date of this Contract. If such audit(s) show that the payments made by County .exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement), then Contractor shall pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement), then County agrees to pay to Contractor any such excess amount, provided that the payments made, together with any such excess payment, may not exceed the Contract Payment Limit. 9. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State, or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State -and/or Federal government resulting from any audit exceptions, to the extent such are .attributable to the Contractor's failure to perform properly any of its obligations under this Contract. Initials: Number 21-185 SERVICE PLAN During the term of this contract, July 1, 1994 through June 30, 1995, the Contractor will provide parent choice child care subsidies to low income working parents who are residents of Contra Costa County at the level of approximately twenty three (23) Family Units served. A. Program Goal The goal of this contracted service is to assist low income working parents to maintain their independence from Aid to Families with Dependant Children (AFDC) by providing parent choice subsidies on a sliding fee scale basis. "Low income" is defined as having monthly income which is at or below 84% of the state median income adjusted for family size. B. Eligibility for Services The Contractor will provide client services applying the same eligibility criteria and program requirements as those contained in the Terms and Conditions of the Contractor's current contract with the California Department of Education for administration of the (federal) Title IV-A At Risk Child Care Program, with the following three exceptions to those criteria: 1. The Title IV-A preferences for serving former Transitional Child Care (TCC) recipients and emancipated teen parents will not be applied. 2 . When a program recipient loses his/her job, the child care subsidy need not be terminated. Eligibility for the subsidy may continue for up to sixty (60) working days while the parent searches •for a new job. 3 . No subsidy can be paid for child care in a facility where religious instruction or worship is conducted during the time child care is being provided. Initials: Contractor County Dept. 1 Number 21-185 SERVICE PLAN C. Provider Payment Limits and Reimbursement The Contractor will pay providers at the same rate they charge non-subsidized families or at the 75th percentile of local market rates, whichever is less. D. Payment and Reporting Requirements The Contractor will submit a monthly claim for reimbursement of expense in conformity with the attached Payment Provisions. Attached to each monthly reimbursement claim will be a listing of families served, providers paid, and the amounts paid during that month. E. Budget The Budget of Estimated Program Expenditures is attached as Attachment A and is made a part here to. Contract budget allocations for direct services must constitute eighty (80%) of the contract expenditures. F. Payment Limit The Payment Limit for this contract is $113 , 770. c Li -i Initials: L� G�-- Contractor County Dept. 2 Contra 'Costa County Standard Form 1/87 GENM AL CONDMONS (Purchase of Services) 1. Compliance with Lau. Contractor shall be subject to and comply with all Federal, State and local Iasis and regulations applicable with respect to its performance under this Contract$ including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. Z. Tmspection. Contractor's performance. place of business and records per- taining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. - - 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Reoords. The Contractor shall retain all documents pertaining to this Contract for five years fromthedate of submission of Contractor's final payment demand or final Cost Report;'for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this Contract's funding period. Upon request. Contractor shall make.these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder. Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Healt1i and Human Services or to the Comptroller General. or any of their - duly authorized representatives, this Contract and books, documents, aid records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract With a value or cost of $10.000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of.services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary, or to the Comptroller General, or any of their duly authorized representatives; the subcontract and books. documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code 57550, Contractor shall include in all documents or written reports completed and submitted to County in accordance 'With this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under.this Contract exceeds $5.000. G�ntra 'Costa Count), Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) S. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may lmi ediately terminate this Contract should the Contractor fail to perform properly any of Its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice -to the County's rights otherwise to recover -its damages.. c. Cessation -of Funding. Notwithstanding Paragraph S.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract 'is terminated without notice. 6. Entire Aareemeat. .This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral- or otherwise, regarding the subject matter of this Contract 'shall be deemed to exist-or to bind any of the parties .hereto. 7. Farther Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not,limited to, monitoring,- evaluating, auditing; billing, or regulatory changes, may.be'developed and set forth in a Written Informal Agreement between the Contractor and the County,. Such Informal Agreements shall be designated as such and shall not be amendmeats .to this , Contract except to the extent that they further detail or clarify that vhich is already required hereunder. • Such Informal Agreements may not enlarge in any manner the scope of _ this Contract, including any sums of .money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications aid Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, -the Payment Provisions and the Service Plan may be amended by a written administrative amendment. executed by the Contractor and the County Administrator -or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. -2- - Contra Costa County' Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 10. Choice of Lav and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Lays. 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. Ko Waiver b9 Camty. Subject to Paragraph 9. (Disputes) of these General Conditions. inspections or approvals, or statements by-any officer, agent or employee of the County indicating the Contractor's performance or any part thereof_ complies with the requirements of this Contract, or acceptance of the whole or any part of-said performance. or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligations to fulfill this Contract as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract-and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into. subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due. without the prior written consent-of the County Administrator or his designee, subject to any *required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Coaflicts of Interest. Contractor, its officers; partners, associates, agents, and employees shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiali Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential. and will not be open to examination for any purpose not directly connected with the administration of such service. -3- Contra Costa Goun ty Standard Form 1/88 GENERAL CONDMONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a mis- demeanor. 17. Kondiscriminatorp Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or is part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend. indemnify, save and hold harmless the County and its officers and employees from any and all claims, costs and liability- for any damages, sickness, death. or. injury to person(s) or property, including without limitation all consequential damages. from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or- its agents, servants,. e6ployees or-subcontractors hereunder, save and . except claims or litigation-arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for, any expenditures, including reasonable attorney's fees, the County may make by reason' of the-matters' that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract.-and. any extension or -modification thereof, the Contractor shall keep in'effect insurance policies meeting the . following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall-provide comprehensive liability insurance, . including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents. and employees, so that other insurance policies held by them or their self-insurance progran(s) shall not be. required to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Coapeasation. The Contractor shall provide workers' compensation insurance coverage for its employees.. c. Certificate of In ur nce. The Contractor shall provide the County With (a) certificate(s) of insurance evidencing liability and workers' compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. Contra Costa "County Standard Form 1/87 csNHRA I. CONDITIONS ITIONS (Purchase of Services) d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract Is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. except that the effective date of notice to the County shall ' be the date of receipt by the head of-the County Department for Which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions. the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenexal. Contractor understands and agrees that there is no represen- tation, implication, or understanding that the services provided by Contractor under this Contract Will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does_ not vest ownership of the land or improvements in the' same person, or if this Contract results in the placement of taxable improvements-on tax exempt land (Revenue & Taxation Code §107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the•payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, .and to authorize others to do so. Contra Costa County Standard Form 10-90 GENERAL CONDITIONS 26. Federally Required Audit_ If Contractor is funded by $25,000 or more in federal grant funds in any fiscal year. from any source, Contractor shall provide to County at Contractor's exiense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. If Contractor is funded by X25.000 to $100.000 in federal grant funds in any fiscal year from any source. Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form and manner. required by the most current version of Office of Management and Budget Circular A-133 •and by County. If Contractor is funded by $100.000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit annually and shall submit the audit to County in the time. for. and manner required by the most curre.nt version of Office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from the Contractor 'untilCounty receives the audit from Contractor. GFS'.CON _6- Federal Funds Disk 30A ''. Contract# 21-185 Attachment A C C CBILD CARE CdUNCIL BUDGET WORKSHEET 94/95 07/18/94 CCF-CCC Category 38 -------------------------- --------- Income: Contracts 1130774 Admin. & Services 22,754 Provider Payments 91,016 Client Fees 2,500 United Way-Base Alloc TOTAL INCOME 116,270 Personnel: Salaries 12,121 Fringe Benefits (20p): 2,424 TOTAL PERSONNEL 14,546 Operating Expenses: Facilities Costs Rent 1,687 Utilities 312 Maintenance 149 Contractual Audit 270 Consultants 150 Equipment Office Equipment 0 Equip. Maintenance 112 Supp lies O fice 105 Postage 198 Postage Pool 174 Office Misc. 76 Other Telephone 327 Priming 357 Printing - West 26 Printing - East 26 Printing - Central 52 Advertising 52 Publ., Subs. & Dues 110 Conf./Travel/Trng 260 Local Travel 121 Insurance li Scholarships CCCC Meetings Administration 2,124 Accounting 1,91 K. Awards & Sp. Evts Toys Miscellaneous 42 Provider Payments 93,016 -------------------------- -------- Sub Total Operating 1_01,724 GRAND TOTAL 116,270 Net Gain (Loss) -0 Contra Costa County Number 20-387-22 Standard Form 1/87 STANDARD CONTRACT Fund/orq 1 50W (Purchase of Services) Account 1 2310 1. Contract Identification. Other 1 13 Departments Social Service Subjects Child Day Care Resource and Referral Coordination 2. garties. The County of Contra Costa, California (County), for its Department named above, and the following-named Contractor mutually agree and promise as follows: _ Contractors Contra Costa Child Care Council Taxpayer ZDi 94-2383037 Capacity: Non-profit corporation Address: 2450 Stanwell Drive, fi110 Concord, Ca 94520 3. Term. The effective date of this Contract is July 1. 1994 and it terminates June 30, 1995 unless sooner terminated as provided herein. e. Payment Limit. County's total payments to Contractor under this Contract shall not exceed S 36.530_ S. 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 Obliaations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. S. Proiect. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: NA 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000 [O. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF!6UP VISO of Supervisors and County Administrator ey 1 2 1 ByL4_(_UA C airm VDestgrser Deputy I } CONTRACTOR By (Designate off c., al business capacity -A.) (Designate offic a ue ess capacity B.) !tote to Contractors 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 51190 and Corporations Code 6313). All signatures must be acknowledged as set forth on page two. (C:SC-SP) Contra Costa County, Standard Form 6/91 ACKNOWLEDGEMENT Number 20-387-22 State of California ACKNOWLEDGEMENT (By Corporation, (C Partnership, or Individual) County of �,[n��1�,� l �s.��.u, The persons) signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representatives) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its by-laws or a resolution of its board of directors.— Dated: - - 9 lal ggFdl IAL SEAL BFIfRLY J. HUFFMAN .,"�'`,ri,�.•�' Notary Public lu ty Co n Clerk NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY OWLEDGEMENT State of California ACKNOWLEDGEMENT (By Corporation, Partnership, or Individual) County of the person(s) signing above for Contractor, personally known to me in the individual or rosiness capacity(ies) stated, or proved to me on the basis of satisfactory evidence to ie the stated individual or the representatives) of the partnership or corporation lamed above in the capacity(ies) stated, personally appeared before me today and . >icknowledged that he/she/they executed it, and acknowledged to me that the partnership tamed above executed it or acknowledged to me that the corporation named above executed .t pursuant to its by-laws or a resolution of its board of directors. ,ated: (Notarial Seal] Notary Public/Deputy County Clerk APPROVALS/ACKNOWLEDGEMENT APPROVALS RE ND B T FORM APPROVED By esignee APPROVED- U Y/ADMINISTRATOR By Degnee ':APP-ACK2) -2- 'Cont�ra' Costa County Standard Form 1/87 l PAYMENT PROVISIONS (Fee Basis Contract) Number-20-387-22 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: i (Check one alternative only.) [ ] a. $3.045 monthly; or i [ j b. $ per unit, as defined in the Service Plan; or [ ] c. $ after completion of all obligations and conditions herein. [ ] d. Payment as specified in PAYMENT SPECIFICATIONS. 2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 4 Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented; (b) the Contractor has neglected, failed, or refused to furnish information or to cooperate with any inspection, review, or audit of its program, work, or records; or (c) Contractor has failed to sufficiently itemize or.. document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State, or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within thirty (30) days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. Initials: C Contractor County Dept. (C:PP-F) 6/90 rev. Number 20-387-22 SERVICE PLAN During the term of this Contract, the Contractor will provide county wide children's day care resource and referral services to all persons requesting service, The Contractor will provide service as specified hereunder. A. Program Goal. To provide additional licensed County day care facilities to enable parents to increase economic self- support. B. Services. Contractor will provide the following services: 1. Recruit prospective day care providers. 2 . Provide child day care technical assistance, information, and referral to actual or potential licensed day care providers. 3 . Refer parents and other interested persons to local day care resources. 4. Assist parents in selection an appropriated day care facility. 5. Maintain and update day care resource files. 6. Provide other appropriate information and referral services by maintaining three branch offices open to community during business hours and outreach to community group[s. C. Staff. Contractor will: 1. Employ Resource and Referral Coordinators, to be physically located in the Contractor's East, Central and West branch offices to provide services as specified in paragraph B. Services. 2 . Provided training, supervision, desk and phone access, and appropriate administrative and clerical support services to the Resource and Referral Coordinators. Initials: Contractor County Dept. 1 Number 20-387-22 SERVICE PLAN 3 . Provide the Social Service Department with the number of newly recruited day care providers, and the number of parents and other interested persons referred to local day care resources. D. Program. Contractor acknowledges and certifies that its overall resource and referral program is operated in part under and agreement with the State Department of Education pursuant to State Budget Act and that resources and referral services provided by staff in this Contract shall in no way differ from resource and referral services provided by staff under the aforesaid agreement with State Department of Education. Contractor agrees to notify County should said agreement with the State Department of Education cease to be effective. E. Program and Fiscal Monitoring. Contractor will cooperate with County to provide information required by County for ongoing program and fiscal monitoring. For program monitoring, Contractor will submit Quarterly program reports and annual reports to the County Social Service Department's Contracts Unit. Reports should indicate types of services provided, number of clients served and any other information Contractor deems to be important; e.g. , case anecdotes, suggestions for program modification, etc. Contractor will also provide County with copies of any of its newsletters or other special publications. Initials: Contractor County Dept. 2 Contra Costa Count• Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Lay. Contractor shall be subject to and comply With all Federal. State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records per- taining to this Contract ara subject to monitoring, inspection, reviev and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from. the date of submission of Contractor's final payment demand or final Cost Report;'for any further period that is required by lav; 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 Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the, duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of-services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary, or to the Comptroller General, or any of their duly authorized representatives; the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder.. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code 57550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under.this Contract exceeds $5,000. -t- ContYa Costa County Standard Form 1/87 GENM AL CONDITIONS (Purchase of Services) 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may Immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination. the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, Without prejudice *to the County's rights otherwise to recover -its damages. c. Cessation -of Funding. Notwithstanding Paragraph S.a. above, in the event that Federal. State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire -This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral- or otherwise, regarding the subject matter of this Contract 'shall be deemed to exist-or to bind any of the parties hereto. 7. Further Specifications for Operatine Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring,- evaluating, auditing; billing, or regulatory changes, may.be'developed and set forth in a written Informal Agreement between the Contractor and the County, Such Informal Agreements shall be designated as such and shall not be amen&meats .to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of -money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may amended by a written administrative amendment. executed by the Contractor and the County Administrator -or his designee, subject to any required State or Federal approval, provided that. such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements. or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or- in accordance with the applicable procedures (if any) required by the State or Federal Government. -2- Contra Costa County Standard Form 1/87 GENERAL CONDMONS (Purchase of Services) 10. Choice of Lav and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Reealations 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 bar Couatlr. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by-any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies vith the requirements of this Contract, or acceptance of the whole or any part of-said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligations to fulfill this Contract as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract-and dssipnmeat. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter icto. subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent.of the County Administrator or his designee, subject to any -required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two _ independent contractors and is not intended to and shall not be construed to create the ` relationship between the parties of agent, servant, employee, partnership, joint venture or association. 1S. Conflicts of Interest. Contractor, its officers; partners, associates, agents, and employees shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. -3- r , Contra Costa County. Standard Forza 1/88 GENERAL CONDMONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a mis- demeanor. 17. NondisKIMIgatorServices. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. IS. Indemnification. The Contractor shall defend, indemnify, save and hold harmless the County and its officers and employees from any and all claims, costs and liability.for any damages, sickness, death, or. injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or• its agents, servants,. employees or-subcontractors hereunder, save and . -except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor Will reimburse the County for, any expenditures, including reasonable attorney's fees. the County may make by reason of the-matters' that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. LLsurgmce. During the entire term of this Contract.-and- any extension or -modification thereof, the Contractor shall keep in effect insurance policies meeting the . following insurance requirements unless otherwise expressed in the Special Conditions: - a. Liability Insurance. The Contractor shall provide comprehensive liability insurance, . including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease. or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees. so that other insurance policies held by them or their self-insurance progran(s) shall not be, iequired to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Conwasation. The Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide, the County with (a) certificate(s) of insurance evidencing liability and workers' compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should 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. ' Contra Costa County Standard Form 1/87 GENERAL CONDDMONS (Purchase of Services) d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. ' 20. notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the Comity shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall ' be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no represen- tation, implication, or understanding that the services provided by Contractor under this Contract Will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the' same person, or if this Contract results in the placement of taxable improvements-on tax exempt land (Revenue & Taxation Code §107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the-payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107.6, and waives all rights to further notice . ,or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Bights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. -5- (C:GEN 5-(C:GEN .CD"' Contra Costa County Standard Form 10-90 GENERAL CONDITIONS 26. Federally Required Audit. If Contractor is funded by $25,000 or more in federal grant funds In any fiscal year, from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source. Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form and manner. required by the most current version of Office of Management and Budget Circular A-133 •and _by County: If Contractor is funded by $100,000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit annually and shall submit the audit to County in the time, for, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may vithhold the estimated cost of the audit or 10 percent of the contract amount, vhichever is larger, or the final payment, from the Contractor 'until County receives the audit from Contractor. GEN.CON -6- Federal Funds Disk 30A Contract# 20-387-2 J r - . Attachment A C C CHILD CARE CdUNCIL BUDGET WORKSHEET 94/18/94 R&R-CCC Category 12 -------------------------- -------- Income: Contracts 36,530 Admin. & Services 36,530 Provider Payments Client Fees United Way-Base Alloc 1,800 TOTAL INCOME 38,330 Personnel: Salaries 19,751 Fringe Benefits ((20%): 31950 TOTAL PERSONN$L 231701 Operating Expenses: Facilities Costs Rent 2,971 Utilities 549 Maintenance 262 Contractual Audit 167 Consultants 215 Equi went Mice Equipment Equip. Maintenance 197 Supp lies O fice 184 Postage Postage Pool 307 Office Misc. 134 Other Telephone 576 Printing 629 Printing - West 46 Printing - East 46 Printing - Central 92 Advertising 91 Publ., Subs. & Dues 194 Coof./Travel/Trng 458 Local Travel 214 Insurance 136 Scholarships CCCC Meetings Administration 3,741 Accounting 3,347 K. Awards & Sp. Evts Toys Miscellaneous 73 Provider Payments -------------------------- -------- Sub Total Operating 14,629 GRAND TOTAL 38,330 Net Gain (Loss) (0) Initials: ' Contractor County Dept.