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HomeMy WebLinkAboutMINUTES - 02082005 - SD2 •+ = • Contra ARD OF SUPERVISORS TO: BO _ Costa a • He r1 ';� FROM: Scott Tandy; Interim Director Community Services Department r-co n County DATE: February 8, 2005 r SUBJECT: Certification of Compliance Letter SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RF. OMMF.NI'ED ACTIO AUTHORIZE the Chair of the Board of Supervisors to sign a letter to the federal Department of Health and Human Services,Administration for Children and Families, certifying, on behalf of the Board of Supervisors, that all areas of non-compliance related to the findings of deficiency have been corrected. FINANCIAL IMPACT: No net County cost. RACKGROITND On October 26 and October 27, 2004 the Contra Costa County Community Services Department Head Start pro had a special Federal Review. During the review, it was determined that the department was deficient gram p in PRISM Core Question seven, Human Resources. The four areas of concern were: organizational structure; staff unwilling or unable to follow Standards of Conduct; span of control at the larger sites; and inadequate professional development plans. These areas of deficiency have been corrected. The review also found other areas of non-compliance not related to the deficiency. In response to the this review, during December 2004,the Department and the County Administrator's Office, with technical assistance from Region IX, developed a detailed Quality Improvement Plan(QIP). On December 295 2004,the Department received an Amended Notice of Monitoring Review Findings. This amended notice p required that the Department remedy the deficiencies and come into compliance with requirements within forty- five receipt days of t of the notice. In addition,the Department is required to submit a written certification that p the cited deficiencies have been removed. The areas of deficiency identified in the Federal Review have been corrected as required. The Department is now requesting the Board of Supervisor authorize the Chair of the Board to sign a letter to the Administration a ii for Children and Families certifying that all corrections have been made and the Head Start Program s n complete compliance with core question number seven. Attached is a copy of the letter and backup documentation. CONTINUED ON ATTACHMENT:___X YES SIG ATURE: A_.,. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON FE B R I7 A R Y f ., ,0.0; APPROVED AS RECOMMENDED ��_ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT N 0 N E ) 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 FEBRUARY 8$ 2005 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: PAT STROH,6-5458 cc: COUNTY ADMINISTRATOR BY DEPUTY AUDITOR-CONTROLLER Contra Costa Count' a Olt 0 o� EMPLOYMENT OPPORTUNITY SrA-cou San Francisco Oaygrea •An Equaf Opportunity Einpfoyer Human Resources Department, Administration Building • 651 Pine Street, 2nd Floor 10 Martinez, California 94553-1292 www.cccounty.us/depart/hr (925) 335-1701 TTY or TDD (800) 735-2929 FAMILY AND, CHILDREN'S SERVICES SITE SUPERVISOR I— PROJECT $2,965 - $3,604 THE POSITION The Contra Costa County Community Services Department is recruiting to fill Family and Children Services (FACS) Site Supervisor I positions. FACS Site Supervisor I's work with children in the Family and Children's Services Program that operates to meet the emotional, social, health, nutritional and psychological needs of children from low-income families. These are excellent opportunities for persons interested in the care, development and instruction of young children. Under supervision of the Family and Children's Services Children's Services Manager, FACS Site Supervisors are responsible for the day-to-day administration of a small Family and Children's Services full-day, full-year site _providing Head Start, general child care, infant/toddler care and /or pre-school services. These positions receive je full range of management benefits including Longevity Differential of 2.5% after ten years county service, Deferred Compensation incentive, 60 hours annual Administrative Leave, Sick Leave incentive via service credit at retirement, County-paid Group Life Insurance of $47,000, annual Vacation Buy-back and $525 Professional Development allowance. MINIMUM REQUIREMENTS License Required: Possession of a valid California Motor Vehicle Operator's License. Education: Possession of a high school diploma, G.E.D. equivalency or a high school proficiency certificate. Permit: Possession of a Child Development Site Supervisor Permit issued by the State of California or official written verification that all requirements for the permit have beencompleted and application has been made to the State. Employment will require mandatory maintenance of the permit by earning continuing education units as specified by the State for its renewal. Experience: Two (2) years of full-time experience as a Head Teacher with full classroom responsibilities in a publicly funded preschool or child development program. Special Requirements: As required by law, all appointees must successfully pass a physical examination and fingerprint and tuberculosis clearance. APPLICATION AND EXAMINATION PROCESS 1. Filing: Interested applicants may obtain an official Contra Costa County application for employment by calling the County Human Resources Department, 651 Pine Street, 2"d Floor, Martinez, California 94553 at (925) 335-1701 or by visiting our website at www.cccounty.us/depart/hr. Resumes are welcomed, but may not be ubstituted for the required official application. Note: All applicants must submit a copy of their Permit with the application. Applicants who are awaiting State approval that all requirements have been met must submit written verification from the State that their qualifications are acceptable and a permit will be issued. 2. Examination: All accepted applicants will have their relevant education, training and work experience as presented on the application evaluated and scored. A minimum passing score of 70 points will be awarded for meeting all minimum qualifications. Additional points will be awarded for additional job-related qualifications. Applicants will be ranked on the eligible list according to the score assigned. Names will remain on the employment list for a period of six (6) months and, if not appointed during that time, you must reapply. The Human Resources Department may make changes to the examination steps noted above in accordance with Personnel Management Regulations and accepted practices. FINAL FILING: CONTINUOUS Open Only 10/1/04—TH -9MH2 FAMILY AND CHILDREN'S SERVICES SITE SUPERVISOR I— PROJECT AN EQUAL OPPORTUNITY EMPLOYER-- IT IS THE POLICY OF CONTRA COSTA COUNTY NOT TO DISCRIMINATE BECAUSE OF'RACE,COLOR, RELIGION, GENDER, SEXUAL ORIENTATION, NATIONAL ORIGIN,AGE OR DISABILITY. vrofessi n evelo ent P1,1,, Step I -Assess Complete the professional development learning assessment for your classification. Step 2 - Evaluate & Plan During your next performance evaluation period ask yourself" What are my plans for the future? Where do I do well but want to improve my skills further? in what areas of my job do I need additional skills? From your completed professional development learning assessment (which will be returned to you) select those competency areas that you want to address during your next performance evaluation period. Step 3 - Create Meeting with your supervisor, discuss the areas that you want to focus on in the coming year, get input and create a professional development plan. Identify your learning goals and the specific plan for getting there. Your plan should be specific in what you are trying to achieve and within what timeframe. Be innovative in designing your learning goals. Review the final plan with your supervisor and both of you sign. Send a copy of the final plan and evaluation to personnel so that they can support you in completing your plan. Step 4 -Just Do It! Keep a copy of your plan handy to refer back to frequently. Make time for working on your plan and it will happen. Review your plan frequently with your supervisor. Let them know how it is coming along and any unforeseen challenges that you might be having. Let your supervisor know how they and the agency can support you in being successful. Share your plan with people that want you to succeed and will support you. Let them know specifically how they can help. Creative Ways to Learn: Observe a co-worker (at another site) Get a mentor Talk to someone doing ajob you may want to do Join a department committee Take visits to other sites Listen to audiotapes Take a,college class Watch a video or film Research on the Internet Try out a computer based training Interview an expert Professional Development Plan Step 1 — Assessment coHrr . ,. csr:. c0uNi COMMUNITY SERVICES DEPARTMENT Assessing your professional development needs is Step 1 of developing a personal learning pian that isjust right for you to help achieve your educational and skill building goals for a successful future. Assessment allows you to think about your competency level in the work areas that are targeted and required to succeed at yourjob. A competency is defined as "a grouping of the skills, knowledge and attitudes required to perform a particularjob task well. For each competency, rate yourself on a 6-point-Scale: 1 2 3 4 5 6 ' Beginning Developing Mastery Try not to spend too much time rating your level of competency;you know where you are strong and where you need to improve. Read each item on the assessment page and determine your competency level based on the scale above. The goal of the assessment is'to help you identify those areas where you would like to improve or wish to strengthen your skills further. The rating scale is just a way for you to identify those areas. Congratulations! You are on your-way to creating a meaningful plan for a successful future!!! Professional Development Information Information Full Name Last First Job Classification Site Location -Name of Site Classroom Region of County (e.g.East or West) Credential List all Credentials Held Date Received Years of Early Childhood Ed.: Head Start: Experience Date last enrolled in ECE Units: Total number of ECE Units Completed: FAMILY ADVOCATES Please circle the number that best describes your current skill level Families in'Society Rating Define ways to positively partner with families. 1 2 3 4 5 6 Give examples of ways to assist families in making 1 2 3 4 5 6 transitions. Describe how to regularly communicate with families. 1 2 3 4 rJ 6 List reasons to foster continuity between home and 1 2 3 4 5 6 childhood programs. Identify the ethical and legal reasons to respect family 1 2 3 4 5 6 privacy. List some stressors and crisis that affect families and 1 2 3 4 6 children. Recognize(and report as required by law) signs of abuse 1 2 3 4 5 6 and neglect. Practice forms of family communications that support 1 2 3 4 5 6 families in their parenting. Modify communication and planning methods to ensure 1 2 3 4 6 respect for family needs. Apply understanding of privacy and confidentiality issues 1 2 3 4 5 6 to real-life situations, including reporting signs of child abuse and neglect. Communicate effectively (e.g. listen attentively and 1 2 3 4 5 6 sensitively, maturely respond, speak and write clearly [clear, well written antidotes]and read fluently)with parents and adults. 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IO .o ..x G'Q .a ` i 1 Y • • � G Y � d t*N t Y CONTRA COSTA COUNTY" COMMUNITY SERVICES DEPARTMENT EMPLOYEE PERFORMANCE REVIEW FORM DATE: NAME: JOB TITLE: EMPLOYEE NUMBER: EVALUATION PERIOD FROM: TO: CHECK ONE: SIX MONTH ANNUAL/MERIT PERFORMANCE IMPROVEMENT FAR WELL PERFORMANCE FACTORS NOT BELOW BELOW MEETS ABOVE ABOVE OBSERVED STANDARD STANDARD STANDARD STANDARD STANDARD F-1 F-1 F-1 El F-1 1. JOB KNOWLEDGE (Understanding Examples: of job procedures,practices,methods,and application gained through experience, education,or specialized training.) 2. PERSONAL EFFICIENCY F� F-1 Examples: (Timely,creative,resourceful,productive use of time;ability to meet schedules; speed and efficiency in performing duties.) 3. QUALITY OF WORK F-1 F] ❑ ❑ F-1 F-1 (Consider application, accuracy, Examples: thoroughness, and neatness.Work output should conform to standards.) 4. RECORD K-EEP[NG/REPORTING F-1 F-1 F-1- ❑ F-1 F] (Maintains complete,concise,and current Examples: records and reports required in the job,and submitted in a timely manner and acceptable form.) ❑ F-1 ❑ ❑ F] 5. HUMAN RELATIONS Q (Displays sensitivity,tact,and courtesy to Examples: others, both children and adults. Effective in meeting service and courtesy requirements.) F-1 6. DEPENDABILITY (Reliable, carries Examples: out instructions, is on the job when expected and fulfills responsibilities.) 7. POLICIES AND PROCEDURES (Understands,observes,and interprets the Examples: Performance Standards and the policies and procedures of the Community Services Department.) ❑ 8. JUDGMENT (Able to decide correct I Examples: [..Df' courscourse of action when a choice can be made. Decisions and actions are based on sound e and weighing of outcome.Able to size unn nmble.m.) CSDPEREVAL Revised 1/2005 OVERALL EVALUATION F7FAlR WELL OW BELOW MEETS ABOVE ABOVE STANDARD STANDARD STANDARD STANDARD STANDARD ADDITIONAL COMMENTS: (Note strengths and areas of improvement) RATER: RATES: PROFESSIONAL DEVELOPMENT PLAN: COMPLETION GOAL#1: DATE COMPLETION -:)AL#2: DATE COMPLETION GOAL#3: DATE DATE REVIEWED: RATER: DATE REVIEWED:- RATES: MY SIGNATURE INDICATES I HAVE READ THE PERFORMANCE REVIEW I DO NOT AGREE WITH SOME RATINGS DATE: REVIEWED BY SECOND LEVEL SUPERVISOR: '.ATE: REVIEWED BY THIRD LEVEL SUPERVISOR: REVIEWED BY CSD DIRECTOR/DIRECTOR OF DATE: PROGRAM SERVICES(OPTIONAL): L . �. &t� + . » ~�+ ./ .�• . COMMUNITY SERVICES DEPARTMENT HEAD START PROFESSIONAL DEVELOPMENT PLAN TEA-CHER COMMUNITY S DEPARTMENT 1pir fesslo.,12al ev- elo nt P IC14 Step 1 -Assess Complete the professional development learning assessment for your classification. Step 2 - Evaluate & Plan During your next performance evaluation period ask yourself' What are my plans for the future? Where do I do well but want to improve my skills further? In what areas of my job do I need additional skills?" ,From your completed professional development learning assessment (which will be returned to you) select those competency areas that you want to address during your next performance evaluation period. Step 3 - Create Meeting with your supervisor, discuss the areas that you want to focus on in the coming year, get input and create a professional development plan. Identify your learning goals and the specific plan for getting there. Your plan should be specific in what you are trying to achieve and within what timeframe. Be innovative in designing your learning goals. Review the final plan with your supervisor and both of you sign. Send a copy of the final plan and evaluation to personnel so that they can support you in completing your plan. Step 4 -Just Do It! Keep a copy of your plan handy to refer back to frequently. Make time for working on your plan and it will happen. Review your plan frequently with your supervisor. Let them know how it is coming along and any unforeseen challenges that you might be having. Let your supervisor know how they and the agency can support you in being successful. Share your plan with people that want you to succeed and will support you. Let them know specifically how they can help. Creative Ways to Learn: Observe a ccs-worker (at another site) Get a mentor Talk to someone doing ajob you may want to do Join a department committee Take visits to other sites Listen to audiotapes Take a college class Watch a video or film Research on the Internet Try out a computer based training Interview an expert Professional Development Plan Step 1 — Assessment C 0 r, T R .4 C 0 5 T A COUNTY COMMUNITY SERVICES DEPARTMENT Assessing your professional development needs is Step I of developing a personal learning pian that is just right for you to help achieve your educational and skill building goals for a successful future. Assessment allows you to think about your competency level in the work areas that are targeted and required to succeed at your job. A competency is defined as "a grouping of the skills, knowledge and attitudes required to perform a particular job task well. For each competency, rate yourself on a 6-point-Scale: 2 3 4 5 6 Beginning Developing Mastery Try not to spend too much time rating your level of competency,you know where you are strong and where you need to improve. Read each-item on the assessment page and determine your competency level based on the scale above. The goal of the assessment is to help you identify those areas where you would like to improve or wish to strengthen your skills further. The rating scale is just a way for you to identify those areas. Congratulations! You are on your way to creating a meaningful plan for a successful future!!! Professional Development Information Informatiort Full Name Last First Job Classification Site Location Name of Site Classroom Region of County (e.g.East or West) Credential List aft Credentials Held Date Received Years of Early Childhood Ed.: Head Start: Experience Date last enrolled in ECE Units: Total number of ECE Units Completed: TEACHERS Please circle the number that best describes your current skill level Child Growth and Development Rating Identify why a positive regard for children promotes health, learning, and development. 1 2 3 4 5 6 Create environments that support the health and safety of children and use these skills on a daily basis to promote 1 2 3 4 5 6 child safety and healthy development Apply knowledge of growth, development and learning to establish appropriate expectations of individual children. 1 2 3 4 5 6 Communicate effectively(e.g. listen attentively and sensitively, maturely respond, speak and write clearly[cleat', 1 2 3 4 5 6 well written antidotes] and read fluently)with children in care. The Safe Learning Environment Rating Define why a safe environment is essential to children's positive learning opportunities. 1 2 3 4 5 6 Describe ways to provide positive guidance and respect for children. 1 2 3 4 5 6 Families in Society Rating Modify communication and planning methods to ensure respect for family needs. 1 2 3 4 5 6 Child Assessment and Safety .Rating List reasons for providing children and families' safe, documented transitional services for arriving and leaving 1 2 3 4 5 6 child care facility. List reasons to keep written records of child's daily emotional, educational, social, adaptive and physical 1 2 3 4 6 progress. Confidential File:TEACHERS Date published:01l25I2005 Community Services Department Professional Assessment Competencies Please circle the number that best describes your current skill level Communication Rating Plan and implement group discussion and decision- making. 1 2 3 4 5 6 Evaluate, test and adjust approaches used to create a supportive environment to enhance communication. 1 2 3 4 5 6 Professionalism & Leadership Rating Describe the basic components of an Ethical Code of Conduct for early care and educational programs. � 2 3 4 5 6 Identify ways to develop professionally. 1 2 3 4 5 6 Demonstrate professional practices when working with families and children. 1 2 3 4 5 6 Engage in professional development activities to increase knowledge. 1 2 3 4 5 6 Evaluate strategies to support the employment of staff that have education, training and experience specific to � 2 3 4 5 6 job roles and responsibilities. Health.& Safety Rating Name and take responsibility for reporting potential dangers in the early care and educational environment. 1 2 3 4 5 6 Name and adhere to the responsibilities of a mandated reporter of child abuse and neglect. 1 2 3 4 5 6 Design and implement processes to ensure appropriate exchange of staff and child daily individual information. 1 2 3 4 5 6 Practice safe and appropriate adult/child interactions using positive non-physical structure when necessary. 1 2 3 4 5 6 Comments Teachers Page 2 1/24/2005 COMMUNITY SERVICES DEPARTMENT HEAD START PROFESSIONAL DEVELOPMENT PLAN ASSOCIATE TEACHER COMMUNITY SERVICES DEPARTMENT 2005 Professional Development Plan Step 1 - Assessment C 0 1 T C 0 U r-4 1 COMMUNITY SERVICES DEPARTMENT Assessing your professional development needs is Step I of developing a personal learning plan.that is just right for you to help achieve your educational and skill building goals for a successful future. Assessment allows you to think about your competency level in the work areas-that are targeted and required to succeed at your job. A competency is defined as "a grouping of the skills, knowledge and attitudes required to perform a particular job task well. For each competency, rate yourself on a 6-point-Scale: 1 2 3 4 51 6 Beginning Developing Mastery ' Try not to spend too much time rating your level of competency,you know where you are strong and where you need to improve. Read each item on the assessment page and determine your competency'level based on the scale above. The goal of the assessment is to help you identify those areas where you would like to improve or wish to strengthen your skills further. The rating scale is just a way for you to identify those areas.. Congratulations! You are on your way to creating a meaningful plan for a successful future!!! Professional Development Information Informatiort Full Name Last First Job Classification Site Location -Name of Site Classroom Region of County (e.g.East or West) Credential List all Credentials Held Date Received Years of Early Childhood Ed.: Head Start: Experience Date last enrolled in ECE Units: Total number of ECE Units Completed: 2ERS-:-� ASSOCIATE TEA,C : Pease circle the nurber that best describes your current skill levei Chtid .owth�.and Develo -rnent Rating r P Structure experiences based on the needs and_interests-of individual children. ~, :. 1 2 3 4 5 Create play environments..that foster communication independent problem.solving, self-discipline and creativity. Identify whya pos, itive regard'for children promotes,health, learning and development Communicate effectively{e.g.-.1isten:attentively and sensitively,)maturely.respond;speak and virnte clearly and i/.f�'. Itj'�'�� .. read fluently)with children in care. .. :;•, .. 2 z: ,.=.: The,safe Learning Environment _ Rating Implement strategies for children to learn appinopnate-social` . skills..and tofeel valued:in a group. t�. ., :1 2 3 _ 4 5 Evaluate environments and activities to determine ways to accah modate individual needs. 1 2 3 A. A.i r .e.♦ r - Fatuities in Society ,t:F. Rath 9 : Apply understanding ofprivacy and confidentiality.issues.to real-life situations, including reporting signs of child abuse - 5' 6* 2..and ne lect. 13 4 Child Assessment and Safety Rating .Use various techniques for creating written records..of.child's . play and work(e.g. paintings,written work). 1 2 3 4 5 5 Modify environments, curriculum plans-and adult-child interactions based on observations of children. - 4 1 2 3 4 5 5 Confidential _.. .. File:ASSOCIATE TEACHERS v . Date published:011125/2005 Community Services Department Professional Assessment Compe#iancies Please circle the number that best describes your current skill leVel [.Communication Rating Use communication effectively(e.g. oral, written, signing and or assistive devices as appropriate}. n., 1. 2 3 4;' Contribute significantly to group discussion-aind decision- making. . .._ 1 2 3 4 5 Professionalism & Leadership = [kion . : Describe-the basic components of an Ethical Code of Conduct for early care and 6ducationai pcagrams. 2 .3 :4 � �► Idontify ways td-develop professionally. 3"' -- 4 :5 1 2"" Gather and analyze professional experiences for the purpose of prepanng-a professional development pian. �. •1 `I••s Vii.ff•. • 2. r. 3 -4. - 5' .. Engage in professional development activities-to increase ;, knowledge. :. . .. :; f 1 2 3 4 5 s Assume responsibility for establishing and maintaining a professional environment. 1 2• 3:...:...4 health A Safety. Rating Identify the sources of:heal ::and safety standards that ..apply to early care and education program. 1 2 3 4 5 6 Use knowledge of health and safety hazards to-reduce inju and111ness. ;:.... 1 2 3 4 5 -.6 Implement processes to ensure appropriate-exchange of staff and child daily individual n'formation. 1 2 3• 4 5 6 Assess the environment for health and*.safety.hazards. 1 2 ,3. - 5 6 Comments: Associate Teachers Page 2 1/24/2005 COMMUNITY SERVICES DEPARTMENT HEAD START PROFESSIONAL DEVELOPMENT PLAN FAMILY ADVOCATE COMMUNITY SERVICES DEPARTMENT 2005 INSTRUCTIONS FOR COMPLETING EMPLOYEE PERFORMANCE EVALUATIONS 1. The first of each month the CSD Personnel Unit will submit to each Assistant Director a list of employees under their supervision who must be evaluated during the month. 2. When a Contra Costa County Salary Review Report (Merit Review Form) is required in conjunction with the performance evaluation, the CSD Personnel Unit will submit copies of the Merit Review Form along with the list of names requiring performance evaluations. The Merit Review Form will be completed and reviewed along with the Performance Evaluation Forms. Comments are not required on the Merit Review Form as long as it is submitted along with the Performance Evaluation Form. The rater and reviewers will only indicate on the Merit Review Form if the employee should be granted or denied a salary increase. 3. The immediate supervisor will complete an Employee Performance Review Form in ink or on a computer on each employee requiring evaluation. 4. Procedures for completing the Performance Evaluation Form: a. Place an El in the appropriate column indicating how well the employee performed within each category. b. Add any comments necessary to support the degree of performance indicated or any overall comments you would like to express concerning the employee. All FAR BELOW STANDARD and WELL ABOVE STANDARD marks must be justified in the EXAMPLES section. C. The Rater will mark an overall evaluation on page two based on consideration of the individual performance factors (1-8) on the first page. 5. REVIEW AND EVALUATION PROCEDURES a. The Rater signs the evaluation form in ink and forwards it to their immediate supervisor, the Children's Services Manager. b. The Children's Services Manager reviews the evaluation form and signs the form in ink in the block marked "Second Level Supervisor' and forwards the form to their immediate supervisor, the Assistant Director. c. The Assistant Director reviews the evaluation form and signs the form in ink in the block marked "Third Level Supervisor". d. The Assistant Director then returns the completed Performance Evaluation Form to the Rater for presentation to the employee. e. The immediate supervisor must review and discuss the performance review with the employee and obtain the employee's signature in ink. If the employee declines to sign, make a note of this on the form in ink. f. The immediate supervisor will give the employee a copy of the completed Performance Evaluation Form at the time of the performance evaluation conference. g. After the immediate supervisor completes the performance evaluation conference with the employee, they will return the completed form to the CSD Personnel Unit for filing in the employee's personnel folder. All completed Employee Performance Review Forms are due back to the CSD Personnel Unit 30 days after the immediate supervisor receives the name of the employee to be evaluated. 2 t f f ti i i Contra Costa County . CommunityServices Department EMPLOYEE PERFORMANCE REVIEW lNSTRl3CTIGNS (FCR FACS EMPLOYEES) The Community Services Department, is committed to the personal and professional development of all employees so they can become excellent performers. The Performance Review reflects this commitment based on the following principles: • Employees are entitled to know what tasks and results they.are expected to accomplish. • Employees are entitled to assistance in improving their job knowledge and skills to become excellent. • Employees are entitled to be advised of areas of weakness and given assistance and recommendations for improvement. • Employees are entitled to recognition for outstanding performance. • Employees are entitled to Merit Step salary increases in accordance with County regulations for performing their duties and responsibilities at a satisfactory or higher level. The community Services Department procedures for conducting Employee Performance Evaluations are designed and intended to evaluate the performance of-each employee in accordance with the above-principals. 1 I 1 i i i +I - Idr 1 � As an individual who works with young children, I commit myself to furthering the values of early child- and Statement of Commitment hood education as they are reflected in the NAEYC Code of Ethical Conduct. To the best of my ability I will Guidefin esf or • Ensure that programs for young children are based responsible behavior on current knowledge of child development and early in ear1v childhood education' childhood education. • Respect and support families in their task of nur- turing children. • Respect colleagues in early childhood education and support them in maintaining the NAEYC Code of Ethi- cal Conduct. • Serve as an advocate fol` children, their families, and their teachers in community and society. • Maintain high standards of professional conduct. • Recognize how personal values, opinions, and bi- ases can affect professional judgment. • Be open to new ideas and be willing to learn from the suggestions of others. • Continue to learn, grow, and contribute as a profes- sional. • Honor the ideals and principles of the NAEYC Code of Ethical Conduct. , I y. Y".x.. r.T itk.� ?r' ,k, ,y,' iirk!4' _ � 4✓ +� w� 4'� !3. � 'i�i'%,'"ys.r .;r,: ..�,ajY T �i,.r• ,IS`eaa. y� n x IT' }4.• �i1"�*� 4 5 4�1: b t 1 t -«1 M �.y r S7' P `47. y���Y�`:' . .`i I' � (�'/,...Y,y /t M•� ..y . yw,� "yi �v• l, 4 F..t <w• .G3l .«..4 �t R�.x 7iX Y T'". Y» ' +'/•, ,3. Y Y~.•" ¢7r7f �.`j' �r. y' n C i• �'I.Qi •`iv. 1 r ff .w++� •• 1 i � +s*���.lT N.. t N i Y 1�5. 1 � 1 t //wt�+r 4 T l '1Zf�n'rwr. 7 fll, i �+t t W 1• •-r. 4 National Association for f e Children { This Code of Ethical Conduct and Statement of Commit- dud mens was prepared- under the auspices of the Ethics Com- mission of the National Association for the Education of P-4.1—We shall communicate openly and truthfully about Young Children. Stephanie Feeney and Kenneth Kipnis did the nature and extent of services that we provide. extensive research and prepared a"Draft Code of Ethics and P-4.2—We shall not accept or continue to work in posi- Statement of 'Commitment"' Following a five-year process tions for which we are personally unsuited or profession- involving the NAEYC membership,the Code of Ethical Con- ally unq NAEYC's Governing Boardin July ualified. We shall not offer services that we do duct and Statement of Commit'ment was approved by 989. not have the competence, qualifications, or resources to * 1 Responsibility for reviewing the Code and preparing recom- provide. mendations for revisions is assigned to NAEYC's Panel on Pro- P-4.3—We shall be objective and accurate in reporting the fessional Ethics in Early Childhood Education. The first set of knowledge upon which we base our program practices. revisions was adopted in 1992 and the second set was ap- P-4.4—We shall cooperate with other professionals who proved by NAEYC's Governing Board in November 1997. The work with children and their families. Code is reviewed for possible revision every five years. P_4.5 'We shall not hire or recommend for employment The Statement of Commitment accompanying the Code any person whose competence, qualifications, or charac- is a recognition that the ultimate strength of the Code rests ter makes him or her unsuited for the position. in the adherence of individual educators. • P-4.6—We shall report the unethical or incompetent ue to a supervisor when informal reso- g ll f lor oa colleague be- Stephanie Feeney, Ph.D.,is Professor and Early Childhood Edu- havZ cation Specialist at the University of Hawaii at 111anoo. She is a lotion is not effective. former member of NAEYC's Governing Board. P-4.7—We shall be familiar with laws and regulations that Kenneth Kipnis, Ph.D., Professor of Philosophy at-the University serve to protect the children in our programs. of Hawaii at Manoa, has written on legal philosophy and ethical P-4.8—We shall not participate in practices which are in issues in law, medicine, engineering, and other professions. violation of laws and regulations that protect the chil- Financial assistance for developing the original Code was pro- dren in our programs. 1-4 vi.ded by NAEYC, the Wallace Alexander Gerbode Foundation, P-4.9—When we have evidence that an early childhoor--.. and the University of Hawaii I program is violating laws or regulations protecting ch.:..., dren,we shall report it to persons responsible for the pro NAEYC order #503. Copyright {fitgram. If compliance is not accomplished within a rea- ' 1998 by the National L" Association for the Education of Young Children. All rights sonable time, we will report the violation to appropriate reserved. Reprinted 1999, 2000 2002. Also available in authorities who can be expected to remedy the situation. Spanish(NAEYC order#504).Single copies of this brochure P-4-10—When we have evidence that an agency or a pro- are 50C each; 100 copies are $12. fessional charged with providing services to children, families, or teachers is failing to meet its obligations, we Companion books from NAEYC: Order # ).)0 Ethics and acknowledge a collective l ethical responsilbi lity to report the Early Childhood Educator. Using the NAEYC Code by S. the problem to appropriate authorities or to the public. Feeney & N.K. Freeman—$8.00; Order #1181Teaching the NAEYC Code of Ethical Conduct Activity Sourcebook by S. P-4.11—When a program violates or re-quires its employ- Feeney, N.K. Freeman, & E. Moravcik—$12.00. ees to violate this Code, it is permissible, after fair as- sessment of the evidence., to disclose the identity of that Companion poster from NAEYC: Order #450: NAEYC program. Statement of Commitment--$2.00. Articles featuring ethical dilemmas and a variety of re- sponses to them often appear in Young Children, NAEYC's professional journal. These articles are designed for discus- sion by students and staff. "MI P-3C.7—Hiring and promotion shall be based solely on a AM person's record of accomplishment and ability to carry out the responsibilities of the position. Aft &Tim P-3C.8—In hiring, promotion, and provision of training, 4*WV A we shall not participate in any form of discrimination based on race, ethnicity, religion, gender, national ori- Preamble gin,Culture,disability,age,or sexual preference.We shall be familiar with and observe laws and regulations that NAEYC recognizes that many daily decisions required pertain to employment discrimination. of those who work with young children are of a moral and ethical nature. The NAEYC Code of Ethical Conduct of- Section IV: fers guidelines for responsible behavior and sets forth a Ethical responsibilities to common basis for resolving the principal ethical dilemmas community and society encountered in early childhood care and education. The -primary focus is on daily practice with children and their Early childhood programs operate within a context of an families in programs for children from birth through 8 years immediate community made up of families and other insti- of ave, such as infant/toddler programs, preschools, child tutions concerned with children's welfare. Our responsi- care centers, family child care homes, kindergartens, and bilities to the community are to provide programs that meet primary classrooms. Many of the provisions also apply to its needs, to cooperate with agencies and professions that specialists who do not work directly with children, includ- share responsibility for children, and to develop needed inu program administrators, parent and vocational educa- programs that are not currently available. Because the larger tors, college professors, and child care licensing specialists. society has a measure of responsibility for the welfare and protection of children, and because of our specialized ex- Core values pertise in child development, we acknowledge an obliga- Standards of ethical behavior in early childhood care and tion to serve as a voice for children everywhere. education are based on commitment to core values that are deeply rooted in the history of our field. We have commit- ted ourselves to 1-4.1—To provide the community with high-quality (age stage and individually appropriate, and culturally and socially * Appreciating childhood as a unique and valuable staZrI sensitive*) education/care programs and services. of the human life cycle 1-4.2—To promote cooperation among agencies and inter- * Basing our work with children on knowledge of child disciplinary collaboration among professions concerned development with the welfare of young children, their families, and o Appreciating and supporting the close ties between the their teachers. child and family 1-4.3—To work,through education,research,and advocacy, • Recognizing that children are best understood and sup- IM C)izing toward an environmentally safe world in which all chil- ported in the context of family, culture, community, and dren receive adequate health care, food, and shelter, are society nurtured, and live free from violence. • Respecting the dignity, worth,-and uniqueness of each. 1-4.4—To work,through education,research,and advocacy, individual (child, family member, and colleague) toward a society in which all young children have access o Helping children and adults achieve their full potential to high-quality education/care programs. in the context of relationships that are based on trust, re- 1-4.5—To promote knowledge and understanding of young 9 sped, and positive regard children and their needs. To work toward greater social %.7 acknowledgment of children's rights and greater social Conceptual framework acceptance of responsibility for their well-being. 1-4.6—To support policies and laws that promote the The Code sets forth a c.onception of our professional re- well-being of children and families, and to oppose those sponsibilities in four sections, each addressing an arena of that impair their well-being. To participate in developing professional relationships: (1) children, (2) families, (3) policies and la-,,vvs that are needed, and to cooperate with colleagues, and (4) community and society. Each section other individuals and groups in these efforts. includes an introduction to the primary responsibilities of I-4-7—To further theprofessional development of the field the early childhood practitioner in that arena, a set of ide- of early childhood care and education and to strengthen its commitment to realizing its core values as reflected in als pointing in the direction of exemplary professional prac- tice, and a set of principles defining practices that are re- this Code. quired, prohibited, and permitted. The ideals reflect the aspirations of practitioners. The P-3B.2 We shall speak or act on behalf of an or`aniZ/ principles are intended to guide conduct and assist practi- tion only when authorized. We shall take care to acknowl- tioners in resolving ethical dilemmas encountered in the edge when we are speaking for the organization and when field. There is not necessarily a corresponding principle we are expressing a personal judgment. for each ideal. Both ideals and principles are intended to P-3B.3 We shall not violate laws or regulations designed direct practitioners to those questions which,when respon- t to protect children and shall take appropriate action con- sibly answered, will provide the basis for conscientious sistent with this Code when aware of such violations. decisionmaking. While the Code provides specific direction and suggestions for addressing some ethical dilemmas, many • others will require the practitioner to combine the guidance C Respojzsibilities to employees of the Code with sound professional judgment. _ The ideals and principles in this Code present a shared • conception of professional responsibility that affirms our 1-3C.1—To promote policies and working conditions that commitment to the core values of our field. The Code pub- foster mutual respect, competence, well-being, and posi- licly acknowledges the responsibilities that we in the field tive self-esteem in staff members. have assumed and in so doing supports ethical behavior in 1-3C.2—To create a climate of trust and candor that will our work. Practitioners who face ethical dilemmas are urged enable staff to speak and act in the best interests of chil- to seek guidance in the applicable parts of this Code and in dren, families, and the field of early childhood care and the spirit that informs the whole. education. - 1-3C.3—To strive to secure equitable compensation (sal- ary and benefits) for those who work with or on behalf of Often, "the right answer" the best ethical course of ac- young children. tion to take is not obvious. There may be no readily ap- parent, positive way to handle a situation. One important • - - value may contradict another. When we are caught"on the . horns of a dilemma," it is our professional responsibility P-3C.1 In decisions concerning; children and programs, to consult with all relevant parties in seeking; the most ethi_ we shall appropriately utilize the education, training, cal course of action to take. perience, and expertise of staff members. P-3C.2 We shall provide staff members with safe and sup- Section I: portive working conditions that permit them to carry out Ethical responsibilities to children their responsibilities, timely and nonthreatening evaiva- P tion procedures, written grievance procedures, construc- Childhood is a unique and valuable stage in the Iife cycle. tive feedback, and opportunities for continuing profes- Our paramount responsibility is to provide safe, healthy, sional development and advancement. nurturing, and responsive settings for children.We are com- P-3C.3 We shall develop and maintain comprehensive mitted to supporting children's development,respecting in- written personnel policies that define program standards dividual differences,helping children learn to live and work and, when applicable, that specify the extent to which cooperatively, and promoting health, self-awareness, com- employees are accountable for their conduct outside the petence, self-worth, and resiliency. workplace. These policies shall be given to new staff _ members and shall be available for review by all staff members. 1-1.1 To be familiar with the knowledge base of early P-3C.4 Employees who do not meet program standards childhood care and education and to keep current through shall be informed of areas of concern and,when possible, continuing education and in-service training. assisted in improving their performance. 1-1.2 To base prog;ratn practices upon current knowledge P-3C.5 Employees who are dismissed shall be informed in the field of child development and related disciplines of the reasons for their termination. When a dismissal is and upon particular knowledge of each child. for cause,justification must be based on evidence of in- I-1.3 To recognize and respect the uniqueness and the po- adequate or inappropriate behavior that is accurately docu- tential of each child. mented,current, and available for the employee to review. I-1.4 To appreciate the special vulnerability of children. P-3C.6 In making; evaluations and recommendations, 1-1.5 To create and maintain safe and healthy settings that judgments shall be based on fact and relevant to the in- foster children's social,emotional, intellectual,and physi- terests of children and programs. cal development and that respect their dignity and their contributions. r ... Section III: 1-1.6—To support the right of each child to play and learn rams to the fullest ex- C� in inclusive early childhood programs Ethical responsibilities to colleagues tent consistent with the best interests of all involved. As In a caring, cooperative workplace, human dignity is re- with adults who are disabled in the larger community, spected, professional satisfaction is promoted, and posi- children with disabilities are ideally served in the same tive relationships are modeled. Based upon our core val- settings in which they Would participate if they did not in this arena is to establish ues, our primary responsi i have a disability. and maintain settings and relationships that support pro- 1-1.7—To ensure that children with disabilities have ac- ductive work and meet pro'fessional needs. The same ide- cess to appropriate and convenient support services and als that apply to children are inherent in our responsibill- to advocate for the resources necessary to provide the most ties to adults. appropriate settings for all children. &VAT A—Responsibilities to co-workers P-1.1—Above all, we shall not harm children. We shall EMS M not participate in practices that are disrespectful, de- 1-3A.1—To establish and maintain relationships of respect, grading, dangerous, exploitative, intimidating, emo- trust, and cooperation with co-workers. tionally damaging, or physically harmful to children. 1-3A.2—To share resources and information with co-workers. This principle has precedence over all others in this 1-3A.3—To support co-workers in meeting their profes-' Code. sional needs and in their professional development. P-1.2—We shall not participate in practices that discrimi- 1-3A.4—To accord co-workers due recognition of profes- nate against children by denying benefits, giving special sional achievement. advantages, or excluding them from programs or activi- ties on the basis of their race, ethnicity, religion, sex, na- tional origin, language, ability, or the status,behavior,or beliefs of their parents. (This principle does not apply to P-3A.1—When we have a concern about the professional programs that have a lawful mandate to provide services behavior of a co-worker,we shall first let that person know to a particular population of children.) of our concern, in a way that shows respect for personal P-1.3—We shall involve all of those with relevant know]- dignity and for the diversity to be found among staff mem- o edge (including staff and parents) in decisions concern- bers, and then attempt to resolve the matter collegially, ing a child. P-3A.2—We shall exercise care in expressing views re- P-1.4—For every child we shall implement adaptations in garding the personal attributes or professional conduct teaching strategies, learning environment, and curricula, of co-workers. Statements should be based on firsthand consult with the family, and seek recommendations from knowledge and relevant to the interests of children and appropriate specialists to maximize the potential of the programs. child to benefit from the program. If, after these efforts have been made to work with a child and family,the child .8 .Responsibilities to employers does not appear to be benefiting from a program, or the child is seriously jeopardizing the ability of other chil- dren to benefit from the program, we shall communicate 1-3B.1—To assist the program in providing the highest with the family and appropriate specialists to determine quality of service. the child's current needs, identify the setting and services most suited to meeting these needs, and assist the family 1-3B.2—To do nothing that diminishes the reputation of in placing the child in an appropriate setting. the program in which we work unless it is violating laws P-I.5W and regulations designed to protect children or the prow- — e shall be familiar with the symptoms of chilregulations abuse, including physical, sexual, verbal, and emotional cions of this Code. L abuse, and neglect. We shall know and follow state laws and community procedures that protect children against A abuse and neglect. P-3B.1—When we do not auree with program policies, we P-1.6—When we have reasonable cause to suspect child shall first attempt to effect change through constructive abuse or neglect,we shall report it to the appropriate com- action within the organization. munity,agency and follow up to ensure that appropriate action has been taken. When appropriate,parents or guard- ians will be informed that the referral has been made. 1 t Y P-4.7-When another person tells us of a suspicion that a P-2.3-We shall 'inform families of and, when approp� t. child is being abused or neglected. we shall assist thatate, involve them in policy decisions. person in taking appropriate action to protect the child. p_2.4 We shall involve families in significant decisions P-l.8 When a child protective agency fails to provide ad- affecting their child. equate protection for abused or neglected children, we P-2.5)—We shall inform the family of accidents involving acknowledge a collective ethical responsibility to work their child, of risks such as exposures to contagious dis- ease that may result in infection, and of occurrences that P-1.9 When we become aware of a practice or situation might result in emotional stress. that endangers the health or safety of children, but has P-2.6—To improve the quality of earl childhood care and P q Y Y not been previously known to do so, we have an ethical education, we shall cooperate with qualified child devel- responsibility to inform those who can remedy the situa- opment researchers. Families shall be frilly informed of tion and who can protect children from similar danger. any proposed research projects involving their children and shall have the opportunity to give or withhold con- Section II: sent without penalty. We shall not permit or participate Ethical responsibilities to'families in research that could in any way hinder the education, development, or well-being of children. Families are of primary importance in children's develop- P-2.7—We shall not engage in or support exploitation'-of ment. (The term fiamili) may include others, besides parents, families. We shall not use our relationship with a family who are responsibly involved with the child.) Because the for private advantage or personal gain,or enter into rela- family and the early childhood practitioner have a common tionships with family members that might impair our ef- interest in the child's welfare, we acknowledge a primary re- fectiveness in working with children. sponsibility to bring about collaboration between the home P-2.8—We shall develop written policies for the protec- and school in ways that enhance the child's development. tion of confidentiality and the disclosure of children's records. These policy documents shall be made available to all program personnel and families. Disclosure of I-2.l To develop relationships of mutual trust with fami- children's records beyond family members, program p lies we serve. sonnet, and consultants having an obligation of confid4, 1-2.2 To acknowledge and build upon strengths and coin- tiality shall require familial consent (except in cases of petencies as we support families in their task of nurtur- abuse or neglect). ing children. P-2.9—We shall maintain confidentiality and shall respect 1-2.3-To respect the dignity of each family and its cul- the family's right to privacy, refraining from disclosure ture, language, customs, and beliefs. of confidential information and intrusion into family life. I-2.4 To respect families' childrearing values and their However, when we have reason to believe that a child's right to make decisions for their children. welfare is at risk, it is permissible to share confidential I-2.5 To interpret each child's progress to parents within information with agencies and individuals who may be the framework of a developmental perspective and to help able to intervene in the child's interest. families understand and appreciate the value of develop- P-2.10—In cases where family members are in conflict, mentally appropriate early childhood practices. we shall work openly, sharing our observations of the child, to help all parties involved make informed deci- I-2.6—To help family members improve their understanding sions. We shall refrain from becoming an advocate for of their children and to enhance their skills as parents. one party. I-2.7 To participate in building support networks for fami- p_2,11 We shall be familiar with and appropriately iatel use lies by providing them with opportunities to Interact with community resources and professional services that sup- program staff, other families, community resources, and port families. After a referral has been made, we shatl professional services. follow up to ensure that services have been appropriately provided. P-2.1 We shalt not deny family members access to their child's classroom or program setting. P-2.2-We shall inform families of program philosophy, policies, and personnel qualifications, and explain why we teach as we do which should be in accordance with our ethical responsibilities to children (see Section I). •;y 0 i 3 t;; 7 i. C:1 ti:••: Y COMMUNITY SERVICES DEPARTMENT Standards of Conduct Head Start Performance Standard 1304.52(h)(1) (2) and (3) In conjunction with the"Personal Rights"of the State of California's Health and Human Services Department's Community Care Licensing requirements (LIC 613A), the Contra Costa County Community Services Department is also required to ensure that all employees adhere to the Standards of Conduct as defined by the U.S. Department of Health and Human Services, Administration for Children and Families Head Start Bureau. The Standards of Conduct are: (1) CSD will ensure that 811 staff, consultants, and volunteers abide by the program's standards of conduct. These standards must specify that: a. They will respect and promote the unique identity of each child and family and refrain from stereotyping on the basis of gender, religion, or disability b. They will follow program confidentiality policies concerning information about children, families, and other staff members c. No child will be left alone or unsupervised while under their care d. They will use positive methods of child guidance and will not engage in corporal punishment, emotional or physical abuse, or humiliation. In addition, they will not employ methods of discipline that involve isolation, the use of food as punishment or reward, or the denial of basic needs. (2) CSD will ensure that all employees engaged in the award and administration of contracts or other financial awards sign statements that they will not solicit or accept personal gratuities, favors, or anything of significant monetary value from contractors or potential contractors. (3) CSD will ensure that all personnel policies and procedures must include provisions for appropriate penalties for violating the Standards of Conduct. I have read and will adhere to the above Standards of Conduct. Employee (Print Name) Signature of Employee Date Head Start Standards of Conduct(11/03) `• to � �{�'' ♦w+• + t� •IL• w E f ♦ ' f � i todP t� • „� ei fJ w � ♦ w ' s s • i r f v • • s w CO So r �► L.,) w w yJ r ++• • mow•. i (ter,. ►+ w •+i w '`► w *00 40 un • a rC tit ,• �J ti• r ul .rL •r,� to r 4cUl J; t1� V UO i Z Q I"•� b 101221 CIULD'S RECORDS 101221 (4) To be informed, and .to have his/her (Continued) authorized representative informed, by the licensee of the law regarding complaints HANDBOOK BEGINS HERE including, but not limited to,. information on confidentiality and the address and telephone Health and Safety Code Section 1596.876 number of the Department's complaint unit. provides: HANDBOOK BEGINS DERE In any case in which a child day care facility releases a minor to a.peace.officer pursuant to (A) Provisions regarding inspection Section 305 of the welfare and Institutions Code, requests are found in Health and Safety the official in charge of that facility shall.provide Code Section 1596.853: the peace officer with the address and telephone ` number of the minor's parent or guardian in 1. Any person may request order to enable the peace officer to make the an inspection of any child -day notification required by Section 308 of the care facility in accordance with- Welfare ithWelfare and Institutions Code. the California Child Day Care Facilities Act by transmitting to HANDBOOK ENDS the department notice of an alleged violation of applicable NOTE: Authority cited: Section 1596.81, Health and requirements, prescribed by Safety Code. Reference: Sections 1596.72, 1596.731, statutes or regulations of this 1596.81, 1596.857, 1596.876 and 1597.05, Health and state.,.. Safety Code. 2. The substance of the complaint shall be provided to the 101223 PERSONAL RIGHTS 101223 licensee no earlier than at the time . of the inspection.... (a) The licensee shall ensure that each child is accorded the following personal rights: 3. Upon receipt of a ` . complaint, the department shall {1} To be accorded'dignity in his/her personal make a preliminary review and, relationships with staff and other persons. unless the department determines that the complaint is willfully (2) To be -accorded safe, healthful and intended to harass a licensee or is comfortable accommodations, furnishings and without any reasonable basis, the equipment to meet his/her needs. department shall make an onsite inspection within 10 days after (3) To be free from corporal or unusual receiving the complaint. In either punishment, infliction of pain., humiliation, event, the complainant shall be intimidation, ridicule, coercion, threat, mental promptly informed of the abuse or other actions of a punitive nature department's proposed course of including but not limited to: interference with action. functions of daily living including eating., sleeping or toileting; or withholding of shelter, HANDBOOK ENDS clothing, medication or aids to physical functioning. (5) To be free to attend religious services or activities of his/her choice. 82 101223 PERSONAL RIGHTS 101223 (2) The center shall post a copy of the LIC (Continued) 613A (9/96) in a prominent, publicly accessible area in the center. (A) Attendance at religious services in or outside of the center shall be voluntary. (c) The licensee shall ensure that each child is The child's authorized representative shall accorded the personal rights specified in this section. -make decisions about the child's attendance at religious services. NOTE: Authority cited: Section 1596.81, Health and * Safety Code. Reference: Sections 1596.72, 1596.739 .(6) Not to*be locked in any room, building'or 1596.81 and 15 97.05, Health and Safety C ode. center premises by-day or night. (A) The-licensee is not prohibited by 101223.1 POSTURAL SLTPPORTS/ 101223.1 this provision from locking exterior doors PROTECTIVE DEVICES L and windows or from establishing rules for the protection of children provided the (a) Postural supports may be used with prior children are able to exit the center. approval by the Department as.specified in(1) through (5)below. (B) The licensee shall obtain prior approval from the Department to utilize. (1) Supportive restraints shall be limited to means other than those specified in (A) a pliances or devices, including straps, spring- above for securing exterior doors and release trays or soft ties, that are used to support windows. a child in a bed, chair or wheelchair to prevent falling. 1 (7) Not to be-placed in any restraining device. Postural supports may be used as specified in (2) All requests to use supportive restraints Section 101223.1. shall be"in writing'and shall include a written. order from a physician indicating the need for .(8) . To receive or reject medical care, or such restraints. The Department is authorized to health-related services, except for minors for _ require additional documentation in order to whom a guardian, conservator or other legal evaluate the request. authority has been appointed. (3) Approved supportive restraints shall be (b) The center shall.inform each child's authorized fastened or tied in a manner that permits quick representative of the rights specified in(a) (1) through release. (8) above. (4) The Department shall approve the use of (1) The center shall give each authorized supportive restraints only after the appropriate representative a copy of the Personal Rights fire clearance, as required by Section 101171, form (LIC 613A [9/96]). has been secured. (A) Each authorized representative (5) The Department has the authority to grant shall be asked to sign and ' date the conditional and/or limited approvals to use Acknowledgment-of-receipt statement at supportive restraints. the bottom'of the LIC 613A (9/96). This documentation shall be kept in'the child's NOTE: Authority cited: Section 1596.81, Health and file. Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81 and 1597.05, Health and Safety Code. 83 Contra Costa Counq GENERAL CONDITIONS Standard Forn-i L-5 (Purchase of Services -Long Form) Revised 2002 b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa Coun , State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching b upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions inspections or approvals, ppro als, or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor,or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment This Contract binds the heirs, successors, assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee,subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due,by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant,-employee, partnership,joint venture or association. 15. Conflicts of Interest Contractor, its officers, partners, associates, agents, and employees shall not make � , , participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates agents and employees to comply with.all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to,the identity of persons served under this Contract,their records,or services-provided them and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons _ receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. Initials: - Contractor County Dept. L-5 (Page 3 of 6) Contra Costa County GENERAL CONDITIONS Standard Form Lr5 (Purchase of Services - Long Form) Revised 2002 17. Nondiscru' =* atoa Services. Contractor agrees that all goods and senrices under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that.none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend, indemnify, save, and hold harmless County and its officers and employees from 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 Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures,including reasonable attorneys'fees, County may make by reason of the matters that are the subject of this indemnification,and, if requested by County,will defend any claims or litigation to which this indemnification provision applies at.the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modific-ation thereof, Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, *including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County, the state and federal governments, and their officers, agents, and employees, so that other *insurance policies held by them or their self-insurance program(s)-shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for Initials: -Y Contractor County Dept. L-5 (Page 4 of 6) Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services -Long Form) Revised 2002 "- which this Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective date of,notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to County shall be the date of receipt by the head of the county department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, 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 representation,implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract,and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right.to the possession of land or improvements, but does not vest. ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue &Taxation Code Section 107),such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue &Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copmlhts and Rights in Data.. Contractor shall notpublish or transfer.any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright,County reserves the right to copyright,and Contractor agrees not to copyright,such material. If the material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish, and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the.advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors, County officers,or others who may be authorized by the Board of Supervisors or by law to receive such views. w Initials: � r�- . Contractor County Dept. L-5 (Page 5 of 6) Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2002 27. Required Audit (A) If Contractor is funded by$300,000 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-I 33. (B) If Contractor is funded by less than $300,000 in federal gTant. funds in any fiscal year from any source, but such brant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $300,000 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), the pass- through entity and/or the-County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit., and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor,or the representative(s) signing this Contract on behalf of Contractor,represents and warrants thatit has full power and authority to enter into this Contract and perform the obligations herein. Initials: / f Contractor C ount`y Dept. L-5 (Pale 6 of 6) SPECIAL CONDITIONS Contract# 38-830 A. Insurance. Paragraph 19. (Insurance), subsection(a). (Liability Insurance) only, of the General Conditions is hereby deleted and replaced with the following: 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 m7nmum combined single limit coverage of 1,000,000 for all damages,.including consequential damages, due to C) 1z I'D bodily *ury, sickness or disease, or death to any person or Mi damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall have a deductible of at least $5,000 and 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 program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Subsections (b), (c), and (d) of paragraph 19. (Insurance) shall remain unchanged. LA Initials: Contractor Co.Dept. o +— U IL) cn � � � 7 O 'a)o0 (1) v .. 0 � �0 O �o coo %000 G) .000- %W-0 CLOO 1� 7 00000 0 laio� 000 0 (1) ��7 0 (1) C:� 0.. wool � O 0.6 N aj � � � N '0 0 0 0') jE 'a) 7 r 7 (1) N ':3 � 0'00 Oj co A1E� N O %W-0 OG) 00000 00 ,� *::5N G) 0 dy � %00- � 0%{S1 '� N W U) G) ti) N N v � ca -O 0 woo- � � � 9 � G Nwo-- 7� O N ' .�� woo- (6 .. S� COO '0000 7% � Oar � ;wo � o � � t6 •O � O%000 � Q' V 7 � �r V Sr•+ .r 3"M1 i 4 wwwo- vvv� •i ,h4..�r CD 7 T Cl) *moos 4 V.l =i��..�. .fes���s�{S5�y ry• _ iyo a ,;s M r� �. .. ... mo ■*�� cn. Q I0 i •X111! •+ C/)1 7 f swmw� CL i O 7 T J C� COO woo %woo COOCo CLIO4r-j ,-' � a' o •cn 7 V coo 4j� OP 4 - 46 (1) :;O� (1) woo CD 0000,10 WOOOO 000-0 1 000 090 12 (D N Section 3. Standards of Conduct Head Start Standards of Conduct Training Agenda Community Services Department Standards of Conduct Acknowledgement form Standards of Conduct Training Sign In Sheet State of California Community Care Licensing Personal Rights of Children IVAEYC Code of Ethical Conduct COMMUNITY SERVICES DEPARTMENT Personnel Training- January 25., 2005 I. Professional Development Plan Presented by Betty Hanna, Consultant A. Professional Development Procedures B. Principle's of Observations/Feedback C. Assessment for Teachers, ATs, & FAs D. Protocol for Assessment E. Protocol for Evaluations F. Professional Development Action "Plan 11. Standards of Conduct Presented by Mickey Williams, Interim Personnel Administrator A. Head Start B. Community Care Licensing C. NAEYC D. Child's Rights E. Discipline Actions/Consequences of Violation II1. Next Steps 1 i 5: A,)V T 3 COMMUNITY SERVICES DEPARTMENT Standards of Conduct Head Start Performance Standard 1304.52(h)(1) (2) and (3) In conjunction with the"Personal Rights"of the State of California's Health and Human Services Department's Community Care Licensing requirements (LIC 613A), the Contra Costa County Community Services Department is also required to ensure that all employees adhere to the Standards of Conduct as defined by the U.S. Department of Health and Human Services, Administration for Children and Families Head Start Bureau. The Standards of Conduct are: (1) CSD will ensure that all staff, consultants, and volunteers abide by the program's standards of conduct. These standards must specify that: a. .They will respect and promote the unique identity of each child and family and refrain from stereotyping on the basis of gender, religion, or disability b. They will follow program confidentiality policies concerning information about children, families, and other staff members c. No child will be left alone or unsupervised while under their care d. They will use positive methods of child guidance and will not engage in corporal punishment, emotional or physical abuse, or humiliation. In addition, they will not employ methods of discipline that involve isolation, the use of food as punishment or reward, or the denial of basic needs. (2) CSD will ensure that all employees engaged in the award and administration of contracts or other financial awards sign statements that they will not solicit or accept personal gratuities, favors, or anything of significant monetary value from contractors or potential contractors. (3) CSD will ensure that all personnel policies and procedures must include provisions for appropriate penalties for violating the Standards of Conduct. Failure to adhere to this policy may because for disciplinary actions up to and including termination. I have read and received a copy the Standards of Conduct. 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'},•S.rat..,�,! p�'l:ai+l: ,�ja y,+e+i•', j ,.:Yfy '�' �a�3'c►..•Fk e"+1.+•rn_.k.rrfkll: 4 E• a� f'n,4, +'.°;i a'+Y`'*•eyL z'"�F��aac.3�il� �YMJay •"`„'�4•E�a,�u",r•r{,'rr=.v,M.r•,1:Y.Gti 'i'e -. .aZvr$.$..:.F.:.z3/:��nZ...f.:ar'!1•:GIz :i..t•..�5'.'-�spr��fY'7'":,?« �"" rL!_fi4'.i7af't. r`4'r• )4:S•: '*-r.r�>e �ik:.t3�cS 0.411�x,�s»�'� a.,W�'a �:._^,tz :�rr�}>_�• xr� ssa'�did Contra Costa County STANDARD CONTRACT Number 38-830 ,. Stam dard Form L-1 (Purchase of Services -Long Form) Fund/Ora# 143? Revised 2002. Account # 2 310 Other# I. Contract Identification. Department: Community Services Subject: Management Training Services 2. Parties. The County of Contra Costa,California(County),for its Department named above,and the following b named Contractor mutually agree and promise as follows: Contractor: Interaction Associates, Inc. Capacity: A Delaware Corporation Address: 600 Townsend Street, Suite 550, San Francisco, CA 94103 3. Term. The effective date of this Contract is December 20, 2004. It terminates on March 31, 2005 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $459000.00. 5. County's Obligations. County shall make to the Contractor thosea ents described in the Payment P Ym ym t 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;b reference subject to all the terms and conditions y a 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. Project. This Contract implements in whole or in part the followingdescribed Project the application and Project, approval documents of which are incorporated herein by reference: Not applicable L-1 (Page 1 of 2) Contra Uosta County L1AIU-) k-.UiN l Standard Form L-1 {Purchase of Services-Lona Form} Revised 2002 9. Legal Authoritv. This Contract is entered into under and subject to the following lecral authorities: California Government Code Sections 26227 and 31000 and 43 CFR Section 1300, et-seq. 10. Si.natures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COST,. CALIFORNIA. BOARD F SUP So ATTEST: Clerk of the Board of Supervisors 1 By By Chai a / e ig e Deputy CONTRACTOR. Marne of business entity Interaction Associates Name of business entity Interaction Associates A Con,\ do A Corpa ion By DOW; ,c. 7 fi � B'- '� 7� (Signature f individual or officer) � • r . . 3 3 s f/;L hl".qr w'i Y�,fA V M•�T�a'•�' (Print name and title A, if applicable) name nd itleB i i(Print a t , f 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 3 I3). All signatures must be acknowledged as set forth on Form L-2. L-1 (Page 2 of 2) Longa Costa County APPROVALS/ACKNOWLEDGMENT Number 38-830 Standard Form L-2 (Purchase of Services -Long Form) Re«sed 200.9. • APPROVALS RECOMMEN ED BY DEPS ENT FORM APPROVED COUNTY COUNSEL _ J r r By: By: e e Deputy �.. APPROVED: COUNTY ADMINISTRATOR By: Designee ACTINOMU..MGMENT STATE OF CALIFORNIA } } ss. COUNTY OF CONTRA COSTA } On ,before me, insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to.the within instrument and acknowledged to me that he/she/they executed the sane in his/her/their authorized capacity(ies), 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 instruments -WITNESS MY HAND AND O CIAL SEAL. (Seal) Signature ACK OW MGMENT(by Corporation,Partnership,or IndividuaU (Civil Code§1189) L-2 ( Page I of 1) f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California C 1 ss. County of C, (N rYy4l_�Co ') i l Can before met (.- �oc Date Name and Title of Officer(e.g.,"Jane Doe,Notary Pubiicj personally appeared fn/�.X' rA-Le_� `XVCAI �4 rr f Name(s)of Signer(s) ❑personally known to'me l ""proved to me on the basis of satisfactory evidence l to be the person(s) whose name(s) is/areOAR SARA BLACK l Cornmbsi+cxt#jd7bO844 subscribed to the within instrument and }) acknowledged to me that he/she/they executed Notary hjbV=-CaMbnja Sign Masao��� — the same in his/her/their authorized � MV Comm. kw Mar)2,2008 capacity(ies), and that by his/her/their j signature(s) on the instrument the person(s), or , the entity upon behalf of which the person(s) , acted, executed the instrument. i WITNESS m hand y and official seal. .� Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document a Title or Type of Document: l y v4' Document Date: Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer � { i Signer's Name: �3 ❑ Individual Top"thumnb , ❑ Corporate Officer.---Title(s): l ❑ Partner--❑ Limited ❑General ❑ Attorney-in-Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: a f - fj I.�Jtii.`.Y'e�s��7V•.�.. _. J'r�� .../!�•�:J•,..��^d „r.r"""�!'+.�. !...n � .. ..?`� 'f' � �;,��;,•- _ ...._ w4' Jvf _Yrf..-.h��/..�"Wt...hl�) tCt 1999 National Notary Association•9350 De Soto Ave.,P.Q.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 -Reorder.Call To#-Free 1.800-876.6827 Contra Costa Counter PAYMENT PROVISIONS Number 38-830 Standard Form P-2 (Cost Basis Contracts -Long and Short Form) Revised 2,002, 1. Payment Basis. Subject to the Payment Limit, payments to Contractor for all senrices provided for County under this Contract shall only be for allowable costs that.are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subiect to later adjustments in total payments as provided below and subject to the Payment Limit of this Contract, County will pay Contractor as full compensation for all services,work,expenses or costs provided or incurred by Contractor: [Check one alternative only] ❑ a.$ monthly, or ❑b.$ per unit, as defined in the Service Plan, or ❑ c.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] ❑ a. Such State regulations and documents as are set forth in the Service Plan regardingb accounting guidelines,including standards for determining allowable or non-allowable costs. b. Department of Health and 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. Place a checkmark next to the applicable subsection. ®(1) Federal Management Circular A-87, including an amendments to the circular published in a Y the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies. 7(2) 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). ❑(3) 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals. 7(4) OMB Circular No.A-_91,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). 7(5) Appendix E Subpart Q Section 74.173 shall be used for determining costs of research, development work, and other activities for determining allowable costs. Initials: ' Y Contractor County Dept. Form P-2 (Page 1 of 3) Contra Costa County PAYMENT PROVISIONS `Number Standard Form P-2. (Cost Basis Contracts -Long and Short Form) Revised 2009 ❑ c. Part IV Department of Labor, Employment and Training admu'll'stration, 20 CFR Part 674, Section 674.402 and any amendments thereto; and California Department of Aging Tide V Operations Handbook, 1987, Section 505.4 and any amendments thereto. 4. Payment Demands. Contractor shall submit written demands on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit 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. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 4. (Payment Demands) above,County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 6. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance,in whole or in part,either has not been carried out or is insufficiently documented, (b) Contractor has neglected,failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work- or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 7. Cost Report and Settlement. No later than forty-five (45) days following the termination-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 flus Contract.-If the cost report shows that the allowable costs actually 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 the cost report shows that the payments made by County exceed the allowable costs actually incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. 8. Audits. The records of 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 18 months 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 7. (Cost Report and Settlement),then Contractor shall pay 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 7. (Cost Report and Settlement),then County agrees to pay Contractor any such c-xccss amount,provided that payments made,together with any such excess payment,may not exceed the contract payment limit. Initials: Contractor County Dept. Form P-2 (Page 2 of 3) Contra Costa County PAYMENT PROVISIONS Number Standard Form P-9 (Cost Basis Contracts -Long and Short Form) Revised 2002 Paragraph 8. (.Audits) above,Contractor agrees to accept 9. Audit]Exceptions.. In addition to its obligations under Para, responsibility for receiving,replying to,and/or complying with any audit exceptions by appropriate county,state or federal au.dit agencies resulting from its performance of this Contract. Within 30 days of demand,Contractor shall pay County the full amount of County's obligation,if any,to the state and/or federal government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials: 16. Contractor County Dept. Fo'n-n P-2 (Page 3 of 3)