SANTA CRUZ COUNTY BOARD OF SUPERVISORS INDEX SHEET

Creation Date: 6/18/03

Source Code: HRAXX

Agenda Date: 6/24/03

I NVENUM : 53028

Resolution(s): 201 -2003 ~~ ~

Ordinance@):

Contract(s): [I] 23024

[2] 23025

Continue Date(s): Index: --Letter of Human Resources Agency dated June 9, 2003

--Independent Contractor Agreement --Contract Budget --Assurance of Compliance --Scope of Services

Item: 44. ADOPTED RESOLUTION NO. 201 -2003 accepting and appropriating unanticipated State revenue in the amount of $57,000; approved agreement with Santa Cruz Community Counseling Center for the period of June 1, 2003 through September 30, 2003 in the amount of $10,000 and the agreement with the Youth Resources Bank for the period of June 1, 2003 through September 30, 2003 in the amount of $10,121, as recommended by the Human Resources Agency Director

County of Santa Cruz 0335

HUMAN RESOURCES AGENCY Cecilia Espinola, Director

I000 Emeline Avenue, Santa Cruz, CA 95060 (831) 454-41 30 or 454-4045 FAX: (831) 454-4642

APPROVED AND FI&,m June 9,2003 GENDA: June 24,2003

BOARD OF SUPERVISORS County of Santa Cruz 701 Ocean Street ,

Santa Cruz, CA 95060

CONTRACTS FOR CHILD WELFARE REDESIGN PROJECT

Dear Members of the Board:

On April 29, 2003, the State Department of Social Services issued a Request for Applications (RFA) announcing fknds available for an augmentation of counties’ allocations through the Preserving Safe and Stable Families (PSSF) program. The RFA invited counties to apply for funds to assist in the planning and development of implementation strategies consistent with the State Child Welfare Services (CWS) Stakeholders Group recommendations for “Child Welfare Services Redesign,” which were published in a February 2003 report by the Stakeholders Group. The amount of funds available to each county was determined based on the population of children 17 and under. Santa Cruz County was eligible to apply for $50,000, although the State indicated that the amount might be increased if some of the 58 counties did not apply for the augmentation. The Human Resources Agency (HRA) submitted an application and was notified on May 29 that we received an award of $57,000, which must be spent between June 1 and September 30, 2003. The purpose of this letter is to request your Board’s acceptance of revenue and approval of contracts to carry out the proposed activities.

The Proposed Project: Strengthening PreventiodEarIy Intervention Services for Families Referred to Child Welfare Services

The Stakeholders report included 30 recommendations for child welfare redesign, addressing many different aspects of the child welfare system. Several of the recommendations address the need for public child welfare agencies to strengthen their partnerships with community-based agencies to provide prevention and early intervention services to help families improve their functioning and avoid involvement with the Juvenile Court. HRA’s proposal focused on this aspect of the Stakeholders recommendations. In particular, we proposed to strengthen the partnership between CWS and the Answers Benefiting ChiIdredLa Manzana Community Resource Center, which provides case management, home visiting, and a wide range of other family support services in the community of Watsonville. The ABC/La Manzana center was chosen because it is the most hlly developed family resource center in the county, and because the Watsonville area produces 44% of the county’s child welfare referrals. HRA and ABCLa Manzana have recently been working together to increase the number of families who receive

4 4

.-.

Board of Supervisors Agenda date: June 24,2003 Accept Revenue and Approve Contracts for Child Welfare Redesign Project

0336 Page 3

June 9,2003

preventiodearly intervention services after a referral to CWS. The proposed project will enable us to further strengthen this collaboration.

The goals of the project are as follows:

0 To develop clear policies and procedures for referral of families from CWS to ABCLa Manzana, and provision of collaborative preventiotdearly intervention services.

0 To increase the number of families referred by HRA to ABC/La Manzana after the families have been referred to CWS for investigation of alleged child abuseheglect.

To increase the number of families who receive preventiordearly intervention services from ABCLa Manzana after a referral from HRA.

0 To ensure that 90% of the families referred by HRA and served by ABC/La Manzana will not require juvenile court intervention during the period of the project.

As stated earlier, the State awarded HRA $57,000 to be spent over a four-month period, from June 1 to September 30,2003. In order to meet the goals of the project it is proposed that a portion of the funding cover the time HRA staff spend on the project and the remainder of the funds be utilized to contract with SCCC and Youth Resources Bank.

Contract with Santa Cruz Community Counseling Center--$l0,000 will be contracted to the Santa Cruz Community Counseling Center, which provides management oversight to the ABC/La Manzana program. The contract will cover staffing and operating expenses to coordinate referrals and service provision with HRA.

Contract with Youth Resources Bank--$10,121 will be contracted to the Youth Resources Bank to manage a flexible fund to provide direct assistance to families referred by HRA to ABC/La Manzana prevention/early intervention services.

Conclusion and Recommendations

HRA is pleased to receive the $57,000 augmentation which will enable us to strengthen our collaboration with ABC/La Manzana and provide more families with preventiodearly intervention services to help them avoid juvenile court involvement after they have been referred to CWS. In order to implement this project, it is now necessary for your Board to accept revenue associated with the project and to approve the contracts with Santa Cruz Community Counseling Center and Youth Resources Bank. The contracts are on file with the Clerk of the Board.

IT IS THEREFORE RECOMMENDED that your Board:

(1) Accept and appropriate unanticipated revenue as indicated in the attached AUD 60; and

(2) Authorize the Human Resources Agency Director to sign the agreement with Santa Cruz Community Counseling Center for the period from June 1 to September 30,2003 in the

44

0337 Board of Supervisors Page 3 Agendadate: June 24,2003 , . June 9,2003 Accept Revenue and Appf&e b&xts for Child Welfare Redesign Project

amount of $10,000 and the agreement with the Youth Resources Bank for the period fiom July 1 to September 30, 2003 in the amount of $10,12 1 .

Very truly yours,

eea 2p?h laz CECILIA ESPINOLA Director

CEVY\n:\board lettersWY02-03Wamily and Children’s ServicesMccept Revenue and Approve Contracts for CWS Redesign Project 6-24-03

Attachments: AUD 60 2 ADM 29’s 2 contracts

RECOMMENDED: /, J

~

SUSAN A. MAURTELLO County Administrative Officer

cc: County Administrative Officer Auditor/Controller County Counsel Santa Cruz Community Counseling Center Youth Resources Bank

44

-.

0 3 3 8

BEFORE THE BOXRD OF SVPERVISORS OF THE COUNTY OF SANT.4 CRWZ, STATE OF C.ALIFOR5I.A

Resolution 30. 7nn - 7~-

On the motion of Supervisor Wormhoudt duly seconded by Supervisor-c+ the following resolution is adopted:

Whereas. the C o u n F of Santa Cruz is a recipient of funds from State Department of

Social Services for PSSF program: and

WHEREAS, the Count is recipient of funds in the amount of S 57 , 000 -00 lvhich a r e either in excess of those anticipated o r are not specifically set forth in the current fiscal year budget of the County: and

WHEREAS. pursuant to Goyernment Code Section 29130( c ) / 39064( b ), such funds may be made available for specific appropriation by four-fifths vote of the Board of Supervisors;

NOW, THEREFORE, BE IT RESOLVED AYD ORDERED that the Santa Cruz County Auditor-Controller accept funds in the amount of S 5 7 ~ 0 0 ~ ~ ~ ~ into Department Human Resources Agency

Revenue Tic 1nde.c Uumber Subobiecr \ umber Account Name A r n o u n r

00 1 392100 0927 Family Pres. 57,000.00

a n d that such funds be and a re hereby appropriated as follows:

Expenditure T,'C lnde\: S u m h r r Subnhiect \ umber PR.J/L:CD iccnunr U:lme A r n n u n r

:021 ' 392100 3100 . Reg Pay-Perm 31,215.00 021 392100 4080 Child Protecion 25,785.00

DEP.ART3IENT HE.4D I hereby c e n i e rhat the fiscA provisions have been researched and that the Re\.enue(s) (has been) (will be) recieyed within the current fiscal year.

44

d 0339

COU>TY .~DiwNISTR;ITIVE OFFICER f / Recommended to Board

f f Not recommended to Board

AYES: SUPERVISORS Bea'Jtz, Wormhoudt, Campos, Almquist and Pirie

3OES: SUPERVISORS None

.ABSENT: SUPERVISORS None

ELLEN PIRIE Chairperson of the Board

ATTEST:

GAIL T. BORKOWSKl Clerk of the Board

,Distribution: Auditor-Controller County Counsel County Administrative Officer Originating Department

COUNTY OF SANTA CRUZ REQUEST FOR APPROVAL OF AGREEMENT

0349

TO: Board of Supervisors County Administrative Offke Auditor Controller

FROM : Human Resources agency

BY: (Signature) Signature certifies that abpropriatins/revenues are available

AGREEMENTTYPE (Check One) Expenditure Agreement Revenue Agreement 0

The Board of Supervisors is hereby requested to approve the attached agreement and authorize the execution of same.

1. Said agreement is between the SCCHRA (Depwbnent/Agacy)

a d Youth Resources Bank, P.O. Box 1844, Capitols, CA 95010 (NamelAddress)

2. Theagreementwill- Pnr;lblish a Child Abuse Prevention/Intervention Services Fund to

Drovfde services to families of children at-risk.

3. Period of the agreement is from 6/1 /03 to 9/30/03

4. Antkipated Cost is $ 10,121.00 0 Foted 0 Monthly Rate Annual Rate m N o t to Exceed

Remarks: - n file Contact: J. Harris x 4741

5. Detail: 0 On Continuing ~greements List for PI - , Page CC- Conkact NO: OR 15' Tme Agreement Sectionn No Board letter required, will be listed under Item 8

0 sectionm .Board letter required SectiOnIv Revenue Agreement

6. Appropriations/Revenues are available and are budgeted in 392100 (Index) 4080 (Sub object)

NOTE: I F APPROPfUAllONS ARE INSUFFICIENT, ATACHED COMPLmD AUD-74 OR AUDGO

are not

€€EA Director (DepVAgency Head) to execute on behalf of the

Date: @/( ?/& By: v4 - County Administrative Office

~~ ~

Distribution: Board of Supervisors - White Auditor Controller - Canary Auditor-Controller - Pink the County of Santa m z , Department - Gold proval of agreement was ap-

Administrative Office by an 2 M 3

ADM - 29 (8/01) Title I, Section 300 Roc Man

AUDITORCONTROLLER USE ONLY

co $ Document No. JE Amount Lines H r n K e v d 8v

TCllO B / Oak 4 Auditm Description Amount Index Sub object User Code

n

0350

CONTRACT NO. ,23025'

ENT

THIS AGREEMENT is entered into this 1st day of June 2003 by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and the YOUTH RESOURCES BANK, hereinafter called CONTRACTOR. The parties agree as follows:

1. D T . CONTRACTOR agrees to exercise special skill to accomplish the following result: See Scope of Services - Attachment B

2. CIOMPENSATION. In consideration for CONTRACTOR accomplishing said result, COUNTY agrees to pay CONTRACTOR as follows:

a. CONTRACTOR assures COUNTY that an advance payment is necessary in order to maintain program integrity. CONTRACTOR will not use advances to provide working capital for non- county programs. When possible, advance will be deposited in interest-bearing accounts, with said interest being used to reduce program costs.

b. COUNTY agrees to pay CONTRACTOR a sum not to exceed $10,121 for administering a Child Abuse PreventiodEarly Intervention Case Services Fund which shall be used to reimburse service providers who have been approved by COUNTY to provide to eligible clients those services outlined in the Scope of Services (Attachment B) section of this agreement. COUNTY agrees that CONTRACTOR shall retain four hundred five dollars $405 of the PreventiodEarly Intervention Case Services Fund as an administrative fee to be paid in full by COUNTY to CONTRACTOR on September 1,2003.

c. County agrees to advance CONTRACTOR the sum of $10,121 upon execution of this Agreement.

d. In disbursing funds from the PreventioniEarly Intervention Case Services Fund, CONTRACTOR agrees to assume responsibilities outlined in the Scope of Services (Attachment B).

e. CONTRACTOR agrees to submit monthly expenditure reports on standard COUNTY forms. Reports shall be based on the actual monthly costs of reimbursing service providers. Each report shall be submitted to and approved by the HRA Senior Analyst responsible for the program.

f. COUNTY shall monitor fund expenditures on a monthly basis.

g. No later than 30 days after the end of the contract period, CONTRACTOR agrees to submit a detailed cost report in the format prescribed the Human Resources Agency. CONTRACTOR shall remit any unexpended funds to the COUNTY at the time CONTRACTOR submits cost report.

3. TERM. The term of this contract shall be J i m e e Q 3 through Sqkm-2903.

4. E A R T , Y . Either party hereto may terminate this contract at any time by giving thirty (30) days written notice to the other party.

5. TNnEMNTFTClATTONFOR-TAXESANDJTTOW. CONTRACTOR shall exonerate, indemnify, defend, and hold harmless CO

44

purpose of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the CONTRACTOR'S performance under the terms of this Agreement, excepting any liability arising out of the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or property(ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTORS officers, employees and agents engaged in the performance of this Agreement (including, without limitation, unemployment insurance, social security and payroll tax withholding).

6. T N S r E . CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTOR'S insurance coverage and shall not contribute to it.

If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and COUNTY both initial here

A- DP=Qf- . . . .

(1) Worker's Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if the CONTRACTOR has no employees and certifies to

(2) Automobile Liability Insurance for each of CONTRACTORS vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTOR'S. employees), leased or hired vehicles, shall each be covered with Automobile Liability Insurance in the minimum amount of $500,000.00 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle use by CONTRACTOR is not a material part of performance of this Agreement and CONTRACTOR and COUNTY both certify to this fact by initialing here

(3) Comprehensive or Commercial Liability Insurance coverage in the minimum amount of $1,000,000.00 combined single limit, including coverage for: (a) bodily injury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.

(4) Professional Liability Insurance in the minimum amount of $1,000,000.00 combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY -I-.

B. Prnvlslclns . .

(1) If any insurance coverage required in this Agreement is provided on a "Claims Made" rather than "Occurrence" form, CONTRACTOR agrees to maintain the required coverage for a period of three years after the expiration of the Agreement (hereinafter "post

INITIALS land 44 Contractor/ County

-- A 0352

any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

(2) All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clause:

"The County of Santa Cruz, its officials, employees, agents and volunteers are added as an additional insured as respects the operations and activities of, or on behalf of, the named insured performed under Agreement with the County of Santa Cruz."

(3) All the insurance policies shall be endorsed to contain the following clause:

"This insurance shall not be cancelled until after thirty (30) days prior written notice has been given to Jodie Harris, Senior Analyst, Human Resources Agency, PO Box 1320, Santa Cruz, CA 95061."

(4) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide COUNTY on or before the effective date of this Agreement with Certificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered or sent to:

Jodie Harris, Senior Analyst Human Resources Agency PO Box 1320 Santa Cruz, CA 95061

7. EQI JAT , EMPT .OYMENT OPPORTIJNTTY. During and in relation to the performance of this Agreement, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such non- discriminatory action shall include, but not be limited to the following recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

B. If this Agreement provides compensation in excess of $50,000.00 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR'S solicitation of goods and services. Definitions for Minority/Women/Disabled Business Enterprises are available from the COUNTY general Services Purchasing Division.

INITIA , Codtractor/ County

I

0353

(2) The CONTRACTOR shall furnish COUNTY Affirmative Action Office information and reports in the prescribed reporting format (PER 4012) identifying the sex, race, handicap or disability, and job classification of its employees and the names, dates and methods of advertisement and direct solicitation efforts made to subcontract with MinorityNomedDisabled Business Enterprises.

(3) In the event of the CONTRACTORS non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further agreements with the COUNTY.

(4) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. to be inserted in all subcontracts for any work covered under this Agreement by a subcontractor compensated more than $50,000.00 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

8. N E P E N X N T CONTRACTOR STATIJS. CONTRACTOR and COUNTY have reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (worker's compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.

PRTNCITPAT.. The CONTRACTOR rather than COUNTY has the right to control the manner and means of accomplishing the result contracted for.

SECONDARY FACTORS. (a) The extent of control which, by agreement, COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities, tools and workplace; (f) The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating an independent contractor relationship rather than an employer-employee relationship; and (i) The COUNTY conducts public business.

independent contractor relationship, but rather that overall there are significant secondary factors which indicate that CONTRACTOR is an independent contractor.

It is recognized that it is not necessary that all secondary factors support creation of an

By their signatures to this Agreement, each of the undersigned certifies that it is his or her considered judgement that the CONTRACTOR engaged under this Agreement is in fact an independent contractor.

9. NONASSTCTNMENT. Contractor shall not assign this Agreement without the prior written consent of the COUNTY.

10. ETENTTC)N A m AIJDl'T' OF REC1ORDS. CONTRACTOR shall retain records pertinent to this Agreement for a period of not less than five ( 5 ) years after final payment under this Agreement or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller, the Auditor General of the State of California, or the designee of either for a period of five (5 ) years after final payment under this Agreement.

- 0354

1 1 . EBESENTATTON OF CT .AIMS. Presentation and processing of any or all claims arising out of or related to this Agreement shall be made in accordance with the provisions contained in Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.

12. ACKNOWT,EnCrEMENT.All reports and literature produced through services funded by the Santa Cruz Board of Supervisors must include an acknowledgement that the Santa Cruz County Board of Supervisors provided funding to the Agency

13. WRR TJNZ(S. If CONTRACTOR has an organizational web site it shall be a requirement of this Agreement to provide a link to the HelpSCC (YLWA-, Santa Cruz County Government (P), and Workforce Santa Cruz County (www.workfnrcescc.com) web sites.

14. A T T A C I H M E N T S . This Agreement includes the following attachments:

Attachment A Amendment of Comprehensive or Commercial General Liability Insurance Requirement Attachment B Scope of Services Attachment C Assurance of Compliance

44 INITIALS. 2i@kLcz Confractor/ County

=-~

0355

IN W"JESS WHEREOF, the parties hereto have set their hands the day and year first above written.

COUNTY OF SANTA CRUZ

Cecilia Espinola, Director d p L 75LP&U c Human Resources Agency

Address: -3 8 Gd d$ /d?d# A

APPROVED AS TO INSURANCE:

By: \

Risk Management

APPROVED AS TO FORM:

Ass is tanbnty Counsel

DISTRIBUTION: County Administrative Office Auditor-Controller Contractor

Contractor/ County

0355

Subparagraph 6A(3) of Contract No. -, dated , by and between COUNTY OF SANTA CRUZ (hereinafter called COUNTY) and , (hereinafter called CONTRACTOR) is amended to read as follows:

I- 1. Croe,stSneakerWaive.r

CONTRACTOR represents to COUNTY that it will accomplish the result required by this Agreement by manner and means similar to those employed by a guest speaker, namely by oral and documentary presentation to a group of persons such that no person will be exposed to reasonably foreseeable risk of personal injury or property damage. In reliance thereon, COUNTY amends the Comprehensive or Commercial General Liability Insurance requirements of said Contract by waiving same.

CONTRACTOR represents to COUNTY that it will accomplish the result required by this Agreement by manner and means similar to those employed by a teacher, instructor, or trainer and subject to the following limitations: (1) the results will be accomplished entirely within a classroom setting; (2) no minors will be involved; and (3) no person will be exposed to reasonably foreseeable risk of personal injury or property damage. In reliance thereon, COUNTY amends the Comprehensive or Commercial General Liability Insurance requirements of said Agreement by waiving same.

CONTRACTOR represents to COUNTY that it will accomplish the result required by this Agreement by manner and means which will expose no person to reasonably foreseeable risk of personal injury or property damage, namely as follows:

In reliance thereon, COUNTY amends the Comprehensive or Commercial General Liability Insurance requirements of said contract by waiving same.

The above paragraph(s) shall be operative if initialed by both parties in the space provided, effective

COUNTY OF SANTA CRUZ BY

CONTRACTOR

44 Contractor/ County

ATTACHMENT B 0357

CONTRACTOR shall furnish the following services:

A. Establish a Child Abuse PreventionEarly Intervention Case Services Fund

The purpose of the Case Services Fund is to provide flexible, family-based, intensive, and culturally competent prevention and early intervention services to families at risk for child abuse and neglect who live within the County of Santa Cruz. The Human Resources Agency's (HRA) Child Welfare Services (CWS) staff will complete referral forms, assess client and service provider eligibility, and authorize expenditure of funds from the Case Services Fund.

B. In disbursing funds to service providers authorized by the COUNTY for payment through the Case Services Fund, the CONTRACTOR shall be responsible for the following:

1. Require that the COUNTY submit completed Case Services Fund Check request form with a copy of the service provider invoice.

2. Release checks to authorized service providers only for case service activities.

3. Pay authorized service providers in the form of a check, payable to the service provider.

4. Submit a monthly expenditure report to contract monitor, which has been developed by COUNTY and CONTRACTOR.

5. Develop procedures for administering the Case Services Fund. These procedures will be subject to review by the County's contract monitor. All Case Service Fund disbursements will have final approval by the CONTRACTORS administrator or herhis designee. No fund checks will be drawn without the CONTRACTORS administrator or designee's signature.

6. Comply with all County reporting requirements.

INITIALS: Contractor1 County

ATTACHMENT “C” ASSURANCE OF COMPLIANCE

WITH THE -s AGENCY

NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS

0355

HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Acts of 1964 as amended; Section 504 of the Rehabilitation Acts of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title II of the Americans .with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California Government Code Section 11 135-1 1139.5, as amended; California Government Code Section 12940(c), (h) (l), (i), and (j); California Government Code, Section 4450; Title 22, California Code of Regulations 98000 - 98413, and other applicable federal and state laws, as well as their implementing regulations (including 45 Code of Federal Regulations (CFR) Parts 80,84, and 91,7 CFR Part 15, and 28 CFR Part 42), by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDOFURECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.

BY ACCEPTING THIS ASSURANCE, the vendorlrecipient agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized CDSS andor federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11 135-1 1139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the vendodrecipient di ugh contract, license, or other provider services, as long as it receives fede

Date f lL . A Q.Cpj3

Address of VendorRecipient:

INITIALS : e. - - - Contractor/ County

COUNTY OF SANTA CRUZ REQUEST FOR APPROVAL OF AGREEMENT

0340

TO: Board of Supervisors FROM : County Administrative Offie Auditor Controller BY:

AGREEMENT TYPE (Check One) Expenditure Agreement 0 Revenue Agreement 0 ~ ~~~ ~ ~ ~~ ~ ~~

The Board of Supervisors is hereby requested to approve the attached agreement and authorize the €x!CUtiOn of same.

1. Said agreement is between the SCCHRA (DeParnent/Agf=Y)

and Santa Cruz Community Counseling Center, 195 Harvey West Blvd. S.C.9 C* 95060(Nam/Mdrw)

2. meagreementwill provide management, staffing and coordination services to the La Manzanita

Resources Center AFX program

3. perid of the agreement is from 6/1/03 to

4. AntKipatedCOStiS$ 10,000.00 0 Fixed Monthly Rate Annual Rate @Not to Ex&

9 / 3 0 / 0 3

R ~ ~ & : W-9 on file Contact: J. Harris x 4741

5. Detail: 0 On Continuing Agreements List for Fy - . Page CC- Contract No: OR @ lS l ime Agreement 0 Sectionn No Board letter required, will be listed under Item 8

Sectionm .8oard letter required SedionN Revenue Agreement

6. Appropriations/Revenues are available and are budgeted in 3g2 O0 (Index) 4080 (Sub object)

NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, AlTACHED COMPLETED AUD-74 OR AUD-60

Pt-OPmal and accounting detail reviewed and approved. It is recommended that the

HRA director (DepVAgencj Head) to execute on behalf of the

L ' l ' County Administrative Office

Distribution: Board of Supervisors - White Auditor Controller - Canary Auditor-Controller - Pink Department - Gold

ADM - 29 (8/01) Title I, Section 300 hm Man

AUDITOR-CONTROLLER USE ONLY

co 8 Document No. JE Amount tines Hm- K e y e d 8v Date

B d Amount Index Sub object User Code

.-.

0341

CONTRACT NO.

INDEPENDENT CONTRACTOR AGREEMENT

THIS CONTRACT is entered into this 1st day of June 2003 by and between the COUNTY OF SANTA CRUZ HUMAN RESOURCES AGENCY, hereinafter called COUNTY, and, SANTA CRUZ COMMUMTY COUNSELING, INC., hereinafter called CONTRACTOR. The parties agree as follows:

1. DUTES. CONTRACTOR agrees to exercise special skill to accomplish the following result:

The CONTRACTOR will be responsible for providing community based management oversight to the La Manzana Resource Center (LMCR) /ABC program and provide staffing and operating expenses to coordinate the following: enhanced provision of prevention/early intervention services to at risk families referred to the LMCWABC Program by child welfare services.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result, COUNTY agrees to pay CONTRACTOR as follows:

In consideration of services rendered, COUNTY shall pay CONTRACTOR on the basis of appropriate claims submitted to the Human Resources Agency in accordance with Attachment "A" (Program Budget), incorporated herein by reference, to be submitted by CONTRACTOR to COUNTY prior to the release of any payments under this Agreement. In no event shall the maximum payment made by COUNTY to CONTRACTOR under this Agreement exceed the sum of $10,000 for the period of June 1,2003 through September 30,2003.

Submit invoice for payment to:

Human Resources Agency Attn: J. Hams, Senior Analyst PO Box 1320 Santa Cruz, CA 95061

3. TERM. The term of this contract shall be June 1,2003 through September 30,2003.

4. EARLY TERMINATION. Either party hereto may terminate this contract at any time by giving 30 days written notice to the other party.

5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS. CONTRACTOR . shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose of

paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the CONTRACTOR'S performance under the terms of this Agreement,

1 Initial

INDEPENDENT CONTRACTOR AGREEMENT CONTRACT # 0342

excepting any liability arising out of the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or property (ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTOR'S officers, employees and agents '

engaged in the performance of this Agreement (including, without limitation, unemployment insurance, social security and payroll tax withholding).

6 . INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof'), shall obtain and maintain at minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONTRACTOR'S insurance coverage and shall not contribute to it.

If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and COUNTY both initial here I

A. Types of Insurance and Minimum Limits

1) Worker's Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be has no employees and certifies to this fact by initialing here

Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTOR'S employees), leased or hired vehicles, shall each be covered with Automobile Liability Insurance in the minimum amount of $500,000.00 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle use by CONTRACTOR is not a material part of performance of this Agreement and CONTRACTOR and COUNTY both certify to this fact by initialing here I

3) Comprehensive or Commercial Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.

4) Professional Liability Insurance in the minimum amount of $1,000,000 combined single limit. This insurance coverage shall not be required if both the CONTRACTOR and COUNTY acknowledge to this fact by initialing here I

B. Other Insurance Provisions

4

1) If any insurance coverage required in this Agreement is provided on a "Claims Made'' rather than "Occurrence" form, CONTRACTOR agrees to maintain the required coverage for a period of three years after the expiration of the Agreement (hereinafter "post

A /

2 Initial Fa / kz Contractor/County

-

INDEPENDENT CONTRACTOR AGREEMENT

0 3 4 3

CONTRACT #

agreement coverage") and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

2) All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clause:

"The County of Santa Cruz, its officials, employees, agents and volunteers are added as an additional insured as respects the operations and activities of, or on behalf of, the named insured performed under Agreement with the County of Santa Cruz."

3) All the insurance policies shall be endorsed to contain the following clause:

"This insurance shall not be cancelled until after thirty (30) days prior written notice has been given to:

Human Resources Agency PO Box 1320 Santa Cruz, CA 95061 Attn: Jodie Harris

4) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide COUNTY on or before the effective date of this Agreement with Certificates of Insurance for all required coverage. All Certificates of Insurance shall be delivered or sent to:

Human Resources Agency PO Box 1320 Santa Cruz, CA 95061 Attn: Jodie Harris

7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Agreement, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to the following: recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

3 Initial 44 ontractor/County

- -- 1

INDEPENDENT CONTRACTOR AGREEMENT CONTRACT # 0344

B. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply:

The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex, sexual orientation, age (over IS), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider MinorityNomedDisabled Owned Business Enterprises in CONTRACTORS solicitation of goods and services. Definitions for MinorityNomenDisabled Business Enterprises are available from the COUNTY general Services Purchasing Division.

The CONTRACTOR shall furnish COUNTY Equal Employment Opportunity Office information and reports in the prescribed reporting format (PER 4012) identifying the sex, race, physical or mental disability, and job classification of its employees and the names, dates and methods of advertisement and direct solicitation efforts made to subcontract with Minority-WomenDisabled Business Enterprises.

In the event of the CONTRACTORIS non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further agreements with the COUNTY.

The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. to be inserted in all subcontracts for any work covered under this .Agreement by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (worker's compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.

PRINCIPAL TEST. The CONTRACTOR rather than COUNTY has the right to control the manner and means of accomplishing the result contracted for.

SECONDARY FACTORS. (a) The extent of control which, by agreement, COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities, tools and workplace; (f) The length of time for which CONTRACTOR is engaged is of limited

44 4 Initial Contractor/County

INDEPENDENT CONTRACTOR AGREEMENT CONTRACT # 0 3 4 5

duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating an independent contractor relationship rather than an employer-employee relationship; and (i) The COUNTY conducts public business.

It is recognized that it is not necessary that all secondary factors support creation of an independent contractor relationship, but rather that overall there are significant secondary factors which indicate that CONTRACTOR is an independent contractor.

By their signatures to this Agreement, each of the undersigned certifies that it is his or her considered judgment that the CONTRACTOR engaged under this Agreement is in fact an independent contractor.

9. NONASSIGNMENT. Contractor shall not assign this Agreement without the prior written consent of the COUNTY.

10. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records pertinent to this Agreement for a period of not less than five (5) years after final payment under this Agreement or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller, the Auditor General of the State of California, or the designee of either for a period of five (5) years after final payment under this Agreement.

11. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims arising out of or related to this Agreement shall be made in accordance with the provisions contained in Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.

12. ACKNOWLEDGEMENT. Contractor shall acknowledge on any commemorative plaques and in all reports and literature that the Santa Cruz County Board of Supervisors has provided funding to the Contractor.

13. ATTACHMENTS. This Agreement includes the following attachments: “A” Budget “B” Assurance of Compliance

5 Initial Contractor/County

INDEPENDENT CONTRACTOR AGREEMENT CONTRACT ## 0346

IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

1. CONTRACTOR 4. COUNTY OF SANTA CRUZ

2. APPROVED AS TO INSURANCE:

Riskhlanagement J

3. APPROVED AS TO FORM:

By: b o u n t y Counsel

DISTRIBUTION: County Administrative Office Auditor-Controller Santa Cruz Community Counseling Center, Inc.

44 6 Contractor/County

INDEPENDENT CONTRACTOR AGREEMENT

Agency: Program:

CONTRACT # 0 3 4 7

ATTACHMENT A BUDGET

Santa Cruz Community Counseling Center, Inc. ABC - -

CONTRACT BUDGET

County Budget

7000 Salaries Total 6,918

71 00 Employee HealtWRetirement

53 1 7200 Payroll Taxes 1,536

1

7

INDEPENDENT CONTRACTOR AGREEMENT CONTRACT # 0348

ATTACHMENT B

ASSURANCE OF COMPLIAhCE WITH THE HUMAN RESOURCES AGENCY

NONDISCRIMINATION IN STATE

HEREBY AGREES THAT it will comply with Title VI and VI1 of the Civil Rights Acts of 1964 as amended; Section 504 of the Rehabilitation Acts of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California Government Code Section 11135-1 1139.5, as amended; California Government Code Section 12940(c), (h) (l), (i), and (j); California Government Code, Section 4450; Title 22, California Code of Regulations 98000 - 98413, and other applicable federal and state laws, as well as their implementing regulations (including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91,7 CFR Part 15, and 28 CFR Part 42), by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDORRECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.

BY ACCEPTING THIS ASSURANCE, the vendorkecipient agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11 135- 11 139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the vendodrecipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance.

Date 6/p/o3 Director’s Signature

Address of VendorRecipient:

8