9. |
Insurance | |||
The Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this paragraph has been obtained and such insurance has been approved by Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. The Contractor shall furnish the Department/Division with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the Department/Division of any pending change in the limits of liability or of any cancellation or modification of the policy. | ||||
(1) |
Worker's Compensation and Employer's Liability Insurance The Contractor shall have in effect during the entire life of this Agreement Workers' Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor certifies, as required by Section 1861 of the California Labor Code, that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and will comply with such provisions before commencing the performance of the work of this Agreement. | |||
(2) |
Liability Insurance The Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from contractor’s operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified below. | |||
Such insurance shall include: | ||||
(a) |
Comprehensive General Liability . . . . . . . . . . . . . . . . . . |
$1,000,000 | ||
(b) |
Motor Vehicle Liability Insurance . . . . . . . . . . . . . . . . . . |
$1,000,000 | ||
(c) |
Professional Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
$1,000,000 | ||
County and its officers, agents, employees and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the County, its officers, agents, employees and servants shall be primary insurance to the full limits of liability of the policy, and that if the County or its officers and employees have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only. | ||||
In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, the County of San Mateo at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement. | ||||
10. |
Compliance with laws; payment of Permits/Licenses | |||||
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, and the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended and attached hereto and incorporated by reference herein as Attachment “I,” which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to: appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. Further, Contractor certifies that the Contractor and all of its subcontractors will adhere to all applicable provisions of Chapter 4.106 of the San Mateo County Ordinance Code, which regulates the use of disposable food service ware. In the event of a conflict between the terms of this agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement. Contractor will in a timely manner, accurately complete, sign, and submit all necessary documentation of compliance. | ||||||
11. Fingerprinting Contractor represents and warrants to County that all Contractor’s employees are assigned to work with the youth referenced in this contract, including the exhibits, shall be subject to fingerprinting. Fingerprinting shall be administered in accordance with state law in a manger authorized by the Department of Justice and Contractor’s applicable personnel policies. Contractor shall be solely responsible for any requisite fee for fingerprinting and Contractor shall furnish to the County, upon request, evidence indicating that such employee certification is in effect. | ||||||
12. |
Non-Discrimination and Other Requirements | |||||
A. |
Section 504 applies only to Contractor who is providing services to members of the public. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement. | |||||
B. |
General non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement. | |||||
C. |
Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County of San Mateo upon request. | |||||
D. |
Violation of Non-discrimination provisions. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to | |||||
i) |
termination of this Agreement; | |||||
ii) |
disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years; | |||||
iii) |
liquidated damages of $2,500 per violation; | |||||
iv) |
imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager. | |||||
To effectuate the provisions of this section, the County Manager shall have the authority to examine Contractor’s employment records with respect to compliance with this paragraph and/or to set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County. | ||||||
Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint, and a description of the circumstance. Contractor shall provide County with a copy of their response to the Complaint when filed. | ||||||
E. |
Compliance with Equal Benefits Ordinance. With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse. | |||||
F. |
The Contractor shall comply fully with the non-discrimination requirements required by 41 CFR 60-741.5(a), which is incorporated herein as if fully set forth. | |||||
13. |
Compliance with Contractor Employee Jury Service Ordinance | |||||
Contractor shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the Contractor or that the contractor deduct from the employees’ regular pay the fees received for jury service. | ||||||
14. |
Retention of Records, Right to Monitor and Audit | |||||
(a) Contractor shall maintain all required records for five (5) years after County makes final payment and all other pending matters are closed, and shall be subject to the examination and/or audit of the County, a Federal grantor agency, and the State of California. (b) Reporting and Record Keeping: Contractor shall comply with all program and fiscal reporting requirements set forth by appropriate Federal, State and local agencies, and as required by the County. (c) Contractor agrees to provide to County, to any Federal or State department having monitoring or review authority, to County’s authorized representatives, and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed. | ||||||
15. |
Merger Clause | |||||
This Agreement, including the Exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the agreement conflicts with or is inconsistent with any term, condition, provision, requirement or specification in any exhibit and/or attachment to this agreement, the provisions of this body of the agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties. | ||||||
16. |
Controlling Law | |||||
The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or the United States District Court for the Northern District of California. | ||||||
17. |
Notices | |||||
Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, or when deposited with a public telegraph company for transmittal, charges prepaid, addressed to: | ||||||
In the case of County, to: 222 Paul Scannell Drive | ||||||
In the case of Contractor, to: 1670 South Amphlett Boulevard, Suite 115 |
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands. | |
COUNTY OF SAN MATEO | |
By: | |
Richard S. Gordon, President Board of Supervisors | |
Date: | |
ATTEST: | |
By: | |
Clerk of Said Board | |
Peninsula YMCA c/o YMCA of San Francisco | |
Kimberley Wheeler, Executive Director | |
Contractor’s Signature | |
Date: | |
EXHIBIT A
PENINSULA YMCA C/O YMCA OF SAN FRANCISCO YOUTH SERVICES BUREAU
SERVICES
JULY 1, 2009 THROUGH JUNE 30, 2010
In consideration of the payments set forth in Exhibit “B,” Contractor shall provide the following services:
Program Activities:
The Contractor shall provide year-round services to deter entry into the juvenile justice system, including but not limited to: case management services, group facilitation, family therapy, crisis intervention, and individual counseling for 251 youth residing in San Mateo, Foster City, Burlingame, Millbrae, San Bruno, Colma, South San Francisco, Brisbane, Pacifica, and Half Moon Bay. Youth shall be referred from the San Mateo Union High School District, the Jefferson High School District, the San Mateo Foster City School District, police departments, San Mateo County Juvenile Probation Officers, and the San Mateo County Juvenile Assessment Center.
Program Outcomes:
The goal of this program is to reduce and prevent the number of youth in the County that enter the juvenile justice system. Performance measures for the population served by the Contractor are as follows:
1. 90% of the youth referred will receive Diversion services;
2. 90% of youth who successfully complete the Diversion program will not be rearrested within the six month period following services;
3. 80% of youth who successfully complete the Diversion program will have increased their understanding and use of anger management skills and techniques;
4. 80% of youth who successfully complete the Diversion program will increase the use of conflict resolution skills;
5. 75% of youth who successfully complete the Diversion program will decrease disciplinary referrals at school;
6. 90% of families served will report feeling very satisfied with the outcomes of the program; and
7. 75% of youth who successfully complete the Diversion program will demonstrate an improvement in the presenting problem at the close of treatment as shown by self report, pre-post test, and clinician report
The Contractor shall evaluate this program using surveying instruments including, but not limited to, a client successful completion exit satisfaction survey.
Program Staff:
Youth Services Bureau requires staff to have a Master’s Degree in Psychology or Social Work. Services may be provided by trainees enrolled in a graduate school program for counseling or a related field. All staff are supervised per California Board of Behavioral Sciences.
EXHIBIT B
PENINSULA YMCA C/O YMCA OF SAN FRANCISCO YOUTH SERVICES BUREAU
PAYMENTS AND RATES
JULY 1, 2009 THROUGH JUNE 30, 2010
In consideration of the services provided by the Contractor in Exhibit “A,” the County shall pay the Contractor in the manner described below, unless otherwise specifically authorized by the Chief Probation Officer or his designee:
A. Contractor shall submit to County actual invoices for services as described in Exhibit “A” above. Payment shall be made in lump sum within thirty (30) days after receipt of the invoice and approved by the Program Coordinator or his/her designee.
B. The Contractor shall submit actual invoices for program expenditures, line item Budget, and the Monthly Units of Service Report to: Anessa Farber, Management Analyst, Juvenile Services, 222 Paul Scannell Drive, San Mateo, CA 94402.
C. In any event, the total payment for services under the terms of this contract shall not exceed ONE HUNDRED TWENTY ONE THOUSAND NINE HUNDRED EIGHTEEN DOLLARS ($121,918) and the County shall have the right to withhold payment if the County determines that the quantity or quality of the work performed is unacceptable.
D. Payment for services provided is contingent upon the availability of County, State or Federal funds. In the event the State or the Federal government does not appropriate the necessary funds as part of either or both of their budgets, the County shall not be liable for any payment whatsoever; including but not limited to, payments that are based on County funds. The County may terminate this Agreement for unavailability of Federal, State or County funds.
E. The County will give thirty (30) days prior written notice to the Contractor of the County's intent to withhold payment.
F. If the County reasonably determines that circumstances warrant immediate action,
the County may withhold payment immediately, without the thirty (30) day waiting period, upon the County's written notice with justification to the Contractor.
EXHIBIT C
PENINSULA YMCA C/O YMCA OF SAN FRANCISCO YOUTH SERVICES BUREAU
PROGRAM MONITORING
JULY 1, 2009 THROUGH JUNE 30, 2010
Reporting Requirements of Contractor
A. Contractor shall submit to the Probation Department Program Manager a quarterly report with a list of all youth referred to and served by the Youth Services Bureau, including the following information:
a. Name
b. Date of Birth
c. Gender
d. Ethnicity
e. City
f. Zip Code
g. School
h. Grade
i. Referring Agency (Probation, Police, School)
j. Offense Leading to Diversion (the referring agent will provide the offense in the referral)
k. Location where services were provided
l. Services provided
m. Date of referral
n. Program Completion Date
B. Contractor shall submit to the Probation Department Program Manager a quarterly Unit of Service Report showing the actual delivery of services described in paragraph A, which shall include the following current and year-to-date information:
a. Number of new youth referrals by the following sources:
• Police diversion
• Informal Probation diversion
• School
b. Total number of Police Diversion assessments performed
c. Number of referrals refusing services or failed to show for assessment
d. Number of youth referred out for primary services for any reason
e. Number of program drops or incompletes
f. Number of youth who were re-arrested while in treatment
g. Number of successful program completions (as driven by the discharge summary).
h. Submit reports at 9 months and annually of number of youth who were re-arrested (diversion) or arrested (prevention) within six months of successful program completion
i. Client satisfaction survey results (based on a scale of 1 to 5, 1 meaning very dissatisfied, 5 meaning excellent)
j. Number of units of service provided in the following categories:
Ø case management
Ø group
Ø family
Ø individual counseling
1 unit = number of participants at a session
times number of hours per session
times number of sessions conducted by staff
Case Management
1 unit of service = 1 hour of case management time
k. Up to 3 Most Prominent Presenting Problems (current month and year-to-date)
l. A quarterly summary of program service high-lights, identified problems, solutions, and goals, including a progress report on objectives.
C. Contractor shall indicate success, by means of a pre and post survey or other means, in the program by documenting improvement in one or more of the following areas:
a. School attendance
b. School behavior
c. Showing empathy for others
d. Taking responsibility for their choices
e. Involvement in the community
f. Relationship with parent(s) or primary caretaker.
D. All reports shall be mailed to:
Christine Villanis, Program Manager
San Mateo County Probation Department
Juvenile Services
222 Paul Scannell Drive
San Mateo, CA 94402
EXHIBIT D
PENINSULA YMCA C/O YMCA OF SAN FRANCISCO YOUTH SERVICES BUREAU
Assurance of Compliance with Section 504 of the
Rehabilitation Act of 1973, as Amended
The undersigned (hereinafter called the "Parties") hereby agrees that they will comply with Section 504 of the Rehabilitation Act of 1973, as amended, all requirements imposed by the applicable DHHS regulations, and all guidelines and interpretations issued pursuant thereto.
The Parties give this assurance in consideration of for the purpose of obtaining contracts after the date of this assurance. The Parties recognize and agree that contracts will be extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the Parties, it’s successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Parties.
The Contractor(s): (Check a or b)
a. Employs fewer than 15 persons.
b. Employs 15 or more persons and, pursuant to section 84.7 (a) of the regulation (45 C.F.R. 84.7 (a), has designated the following person(s) to coordinate its efforts to comply with the DHHS regulation.
Name of 504 Person
Peninsula YMCA clo YMCA of San Francisco__
Name of Contractor(s)
1670 South Amphlett, Suite 115
Street Address
San Mateo, CA 94402
City, State, Zip
I certify that the above information is complete and correct to the best of my knowledge.
_______________________ ________________________________
Date Signature and Title of
Authorized Official
*Exception: DHHS regulations state that:
"If a recipient with fewer than 15 employees finds that, after consultation with a disabled person seeking its services, there is no method of complying with (the facility accessibility regulations)...other than making a significant alteration in it existing facilities, the recipient may, as an alternative, refer the handicapped person to other providers of those services that are accessible."
EXHIBIT E
PENINSULA YMCA C/O YMCA OF SAN FRANCISCO YOUTH SERVICES BUREAU
Contractor Name: |
Peninsula YMCA c/o YMCA of San Francisco |
Phone: |
650 286-3917 |
Contact Person: |
Kimberly Wheeler, Executive Director |
Fax: |
650 349-1103 |
Address: |
1670 South Amphlett Blvd, Suite 115 |
II. EQUAL BENEFITS (check one or more boxes)
Contractors with contracts in excess of $5,000 must treat spouses and domestic partners equally as to employee benefits.
Contractor complies with the County’s Equal Benefits Ordinance by: | ||
offering equal benefits to employees with spouses and employees with domestic partners. | ||
offering a cash equivalent payment to eligible employees in lieu of equal benefits. | ||
Contractor does not comply with the County’s Equal Benefits Ordinance. | ||
Contractor is exempt from this requirement because: | ||
Contractor has no employees, does not provide benefits to employees’ spouses, or the contract is for $5,000 or less. | ||
Contractor is a party to a collective bargaining agreement that began on (date) and expires on (date), and intends to offer equal benefits when said agreement expires. |
Finding(s) of discrimination have been issued against Contractor within the past year by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or other investigative entity. Please see attached sheet of paper explaining the outcome(s) or remedy for the discrimination. | |
No finding of discrimination has been issued in the past year against the Contractor by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or any other entity. |
Contractors with original or amended contracts in excess of $100,000 must have and adhere to a written policy that provides its employees living in San Mateo County up to five days regular pay for actual jury service in the County.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually.
________________________________________ ______________________________________
Signature Name
________________________________________ ______________________________________
Date Title
EXHIBIT F
PENINSULA YMCA C/O YMCA OF SAN FRANCISCO YOUTH SERVICES BUREAU
FINGERPRINTING CERTIFICATION FORM
Contractor agrees that its employees and/or its subcontractors, assignees and volunteers who, during the course of performing services under this agreement, have contact with children will be fingerprinted in order to determine whether they have a criminal history which would compromise the safety of children with whom contractors employees, assignees and subcontractors or volunteers have contact.
Name
Title
Signature
Date
EXHIBIT G
PENINSULA YMCA C/O YMCA OF SAN FRANCISCO YOUTH SERVICES BUREAU
Child Abuse Prevention and Reporting
Contractor agrees to ensure that all known or suspected instances of child abuse or neglect are reported to a child protective agency. Contractor agrees to fully comply with the Child Abuse and Neglect Reporting Act, Cal Pen Code 11164 et seq. Contractor will ensure that all known or suspected instances of child abuse or neglect are reported to an agency (police department, sheriff’s department, county probation department if designated by the county to receive mandated reports, or the county welfare department) described in Penal Code Section 11165.9. This responsibility shall include:
A. A requirement that all employees, consultants, or agents performing services under this contract who are required by the Penal Code to report child abuse or neglect, sign a statement that he or she knows of the reporting requirement and will comply with it.
B. Establishing procedures to ensure reporting even when employees, consultants, or agents who are not required to report child abuse under the Penal Code gain knowledge of, or reasonably suspect that a child has been a victim of abuse or neglect.
C. Contractor agrees that its employees, subcontractors, assignees, volunteers, and any other persons who provide services under this contract and who will have supervisory or disciplinary power over a minor or any person under his or her care (Penal 11105.3) will be fingerprinted in order to determine whether they have a criminal history which would compromise the safety of children with whom Contractor's employees, subcontractors, assignees or volunteers have contact. All fingerprinting services will be at County's sole discretion and Contractor's sole expense.