County of Santa Cruzsccounty01.co.santa-cruz.ca.us/BDS/GovStream2/...Oct 16, 2012  · Community...

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County of Santa Cruz 0215 PROBATION DEPARTMENT P.O. Box 1812, Santa Cruz, CA 95061-1812 (831) 454-2150 FAX: (831) 454-7298 SCOTT MACDONALD CHIEF PROBATION OFFICER October 1 , 2012 AGENDA: October 16, 2012 BOARD OF SUPERVISORS County of Santa Cruz 701 Ocean Street Santa Cruz, CA 95060 RE: Approve Contracts with Santa Cruz Community Counseling Center, Barrios Unidos, and Pajaro Valley Prevention and Student Assistance for Juvenile Probation Services Dear Members of the Board: The purpose of this letter is to request your Board's approval for the Probation Department to renew agreements with the Santa Cruz Community Counseling Center (SCCCC), Santa Cruz Barrios Unidos, and Pajaro Valley Prevention and Student Assistance, Inc. and approve one new agreement with SCCCC. The three contract renewals must be brought before your Board for approval because the amount of this year's contract exceeds the maximum increase of 10% allocated with the Continuing Contracts List that was approved by your Board in June with the 2012-13 Budget. Santa Cruz Community Counseling Center: A contract renewal is requested for the SCCCC Outpatient Alternative with Supportive, Intensive Services (OASIS) program. Through this program SCCCC provides comprehensive community- based intensive services designed to reduce the number of youth detained in the Santa Cruz County Juvenile HalL. Last year's OASIS contract was approved at $25,700. A separate contract was approved last year for the SCCCC Youth Services program in the amount of $30,000 to complete services funded by the Probation and Court-Based Alternatives (PCBA) grant, which is no longer in effect. Under the Youth Services program, SCCCC will provide intensive outpatient services to youth and their families by improving their knowledge of the juvenile justice system through education and empowerment. This program is designed to increase court appearances, decrease re-offenses, and ultimately reduce the number of youth detained in the Santa Cruz County Juvenile HalL. Probation would like to recombine these two programs and continue these services. In order to do that, Probation is requesting that a contract be approved with SCCCC in the amount of $50,467 for this fiscal year (FY2012-13). Approval of a new contract with SCCCC in the amount of $30,057 is also requested for yearly services related to a new Probation Alternatives Support Services (PASS) program. This program will involve direct collaboration between the Probation Department and SCCCC's Youth Services. The PASS program is intended to support general-caseload probation youth to meet the conditions of their probation, to provide the support that is most appropriate for their needs and to reduce the likelihood that they will recidivate. The intention of this program is to more effectively provide an array of community supports to youth. Youth Services will provide comprehensive case management and counseling services to the youth referred, with the primary goal of the program counselor to assist the 22

Transcript of County of Santa Cruzsccounty01.co.santa-cruz.ca.us/BDS/GovStream2/...Oct 16, 2012  · Community...

  • County of Santa Cruz0215

    PROBATION DEPARTMENTP.O. Box 1812, Santa Cruz, CA 95061-1812

    (831) 454-2150 FAX: (831) 454-7298

    SCOTT MACDONALDCHIEF PROBATION OFFICER

    October 1 , 2012AGENDA: October 16, 2012

    BOARD OF SUPERVISORSCounty of Santa Cruz701 Ocean StreetSanta Cruz, CA 95060

    RE: Approve Contracts with Santa Cruz Community Counseling Center, Barrios Unidos, andPajaro Valley Prevention and Student Assistance for Juvenile Probation Services

    Dear Members of the Board:

    The purpose of this letter is to request your Board's approval for the Probation Department to renewagreements with the Santa Cruz Community Counseling Center (SCCCC), Santa Cruz BarriosUnidos, and Pajaro Valley Prevention and Student Assistance, Inc. and approve one new agreementwith SCCCC. The three contract renewals must be brought before your Board for approval becausethe amount of this year's contract exceeds the maximum increase of 10% allocated with theContinuing Contracts List that was approved by your Board in June with the 2012-13 Budget.

    Santa Cruz Community Counseling Center:A contract renewal is requested for the SCCCC Outpatient Alternative with Supportive, IntensiveServices (OASIS) program. Through this program SCCCC provides comprehensive community-

    based intensive services designed to reduce the number of youth detained in the Santa Cruz CountyJuvenile HalL. Last year's OASIS contract was approved at $25,700. A separate contract wasapproved last year for the SCCCC Youth Services program in the amount of $30,000 to completeservices funded by the Probation and Court-Based Alternatives (PCBA) grant, which is no longer ineffect. Under the Youth Services program, SCCCC will provide intensive outpatient services to youthand their families by improving their knowledge of the juvenile justice system through education andempowerment. This program is designed to increase court appearances, decrease re-offenses, andultimately reduce the number of youth detained in the Santa Cruz County Juvenile HalL. Probationwould like to recombine these two programs and continue these services. In order to do that,Probation is requesting that a contract be approved with SCCCC in the amount of $50,467 for thisfiscal year (FY2012-13).

    Approval of a new contract with SCCCC in the amount of $30,057 is also requested for yearlyservices related to a new Probation Alternatives Support Services (PASS) program. This program willinvolve direct collaboration between the Probation Department and SCCCC's Youth Services. ThePASS program is intended to support general-caseload probation youth to meet the conditions of theirprobation, to provide the support that is most appropriate for their needs and to reduce the likelihoodthat they will recidivate. The intention of this program is to more effectively provide an array of

    community supports to youth. Youth Services will provide comprehensive case management andcounseling services to the youth referred, with the primary goal of the program counselor to assist the

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  • 0216

    Community Counseling Center, Barrios Unidos & PVPSA ContractsAgenda: October 16, 2012

    Page 2

    youth and family in meeting the terms of their probation utilizing the tools and principles of evidence-based practices.

    Santa Cruz Barrios Unidos:Two separate contracts were approved by your Board last year for the Barrios Unidos "Juvenile HallOutreach" (Outreach) and "Rules of Law" (ROL) program services for $32,850 and $14,600respectively, for a total amount of $47,450. Probation would like to continue those services this fiscalyear. As both of these contracts apply to juvenile probationers, Probation would like to combine theseservices into orT contract to simplify billings and administration. Combined, these contracts exceedthe 10% increase allowed with the approved continuing contracts list for FY2012-13 and result inchanges to the contract scope. Therefore, Probation is requesting your approval of one contract inthe amount of $50,000 that covers both programs for this FY2012-13. Under the Outreach program,Barrios Unidos provides a comprehensive community based outreach, prevention and interventionprogram in Juvenile HalL. Under the ROL program, Barrios Unidos provides restorative justiceprogram services as part of the Community Action Program.

    Pajaro Valley Prevention and Student AssistanceOn December 6, 2011 your Board approved a contract with Pajaro Valley Prevention and StudentAssistance, Inc. (PVPSA) in the amount of $28,000 in conjunction with two other contracts to provideservices funded by the Federal Juvenile Accountability Block Grant (JABG) for the period coveringOctober 1, 2011 to September 30, 2013. The intent of the grant is to advance the use of EvidenceBased Practices (EBP) in California Juvenile Justice Systems. This grant is being used to providereentry services for youth transitioning from out-of-home placement with the goal of reducingrecidivism of youthful offenders through the use of evidence based practices known to be effective indelinquency prevention. That contract authorized services during the period of October 1, 2011through September 30, 2012. The PVPSA contract provides services through the Community ValorProgram including individual and group counseling, family counseling, employment and training, andcase management services to assist youth who have been released from out-of-home placement totransition back into the community, education and family in collaboration with the Santa Cruz CountyProbation Department. The Probation Department would like to continue these services through theEBP grant second year and is therefore requesting a contract renewal with PVPSA for the remainingperiod of October 1, 2012 through September 30, 2013. Probation would like to add $6,000 onto lastyear's contract amount for a total amount of $34,000. This exceeds the 10% maximum allowed withthe continuing contracts list; therefore your Board approval is requõred.

    Current funding for the SCCCC and Barrios Unidos programs will be provided by the ProbationDepartment's Juvenile Probation and Camp Funding (JPCF). Funding for the PVPSA contract isprovided by the JABG EBP grant. Funds for all four contracts were included in the ProbationDepartment's FY20 12-13 budget. No new net county cost will be incurred as a result of these actions.

    IT IS THEREFORE RECOMMENDED that your Board:

    1. Approve a contract renewal with the Santa Cruz Community Counseling Center in the

    amount of $50,467.00 for the OASIS and Youth Services program services;

    2. Approve a new contract with the Santa Cruz Community Counseling Center in the amount

    of $30,057.00 for the Probation Alternatives Support Services program;

    3. Approve a contract renewal with Santa Cruz Barrios Unidos in the amount of $50,000.00

    for Outreach and Rule of Law program services;

    4. Approve a contract renewal with Pajaro Valley Prevention and Student Assistance, Inc. inthe amount of $34,000.00; and

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  • Community Counseling Center, Barrios Unidos & PVPSA ContractsAgenda: October 16, 2012

    0217 Page 3

    5. Authorize the Chief Probation Officer to sign the contracts on behalf of the County.

    Sincerely,

    ...k iT IJ4cfJj'1CiU 1')' fr;SCOTT MACDONALD CChief Probation Officer

    RECOMMENDED:

    su~County Administrative Officer

    Attachments: ADM29s, Contracts

    cc: CAO's Office; Auditor-Controller; Probation; Santa Cruz Community Counseling Center; BarriosUnidos, Pajaro Valley Prevention and Student Assistance

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  • AGREEMENT TY (Ol One)

    COUNT OF SANA CRUZ 021 8REQUEST FOR APPROVAL OF AGREEMENT

    'iFROM: probatin;j' (D1J1ent)BY: Julie Ruda~~ (st) 9/14/U (Dat)

    S1na . thapopiations/nMareavExibre Agre IX Revenue Agrement i:

    TO: Bord of SupervCont Ad 0IAuit Cotr

    Th Bord of Supe is he reue to app th at agre and aut th ex of same

    1. said agrement is beeen the Probation Deoarbent

    and santa Crz Comunit Conseing cete. 195 Harvey Wes Boulevard. santa CruZ, CA 95060

    (Dert Ag)(Name/ Adre)

    2. This agrement wil provide comprehensive. intensive community-based outptient wraparound service through the

    Outpatient Alternative with Supporte Intensive services (oASIS) and Youth servce Programs to reuce the number ofyouths detained at Juvenile Hall.

    3. Period of the agrement is from July 1. 2012 to June 30. 2013

    4. Anticipated Cost is

    Remark: .5. Detail: 1K On Continuing Agreements List for FY12-13. PaCC-Ui: se n No Bord Ie reuire, will be lis und Ite 81K Section III Bord ler reuirelJ 5e IV Reue Agre

    i: Fixed i: Monthly Rate lJ Annual Rate i: Not to Exceed

    6. Approtis/Renues are availabl and are bu in 5740UsCo J6

    (Index) 3638 (Sub ob)N01E: IF APPROPTIONS AR INSUFFOENT, ATTACED COMPlD AUD-74 ORAlUD-~Ap ~ar have be enmbe. .~ \~-O\ ._1.'_Date:~

    2-iI re and app. it is reme th th Bord of Supe app th agre and aut

    OIie of Pr (De Ag He) to ex on belf of th Pr'Da: d ó /ri-. By, Co (Derb Ag)Di:

    Bord of Supe - WhitAuit Cole - canaryAuitle - PinkDerb-Go

    St of caliiaCont of santa QuI ex-o Clrk of the Bord of Supe of th Cont of santa CruSt of califia, do he ær th th foig reuefo appl of agre wa ap-pr by said Bord of Supe as reme by th Cont Adminis 0f by anor duly en in th minut of said Bord on 20_

    AD - 29 (8/01)TIU i, se 300 Pr Man Bv DeOe

    AUDßOR..OLR US ONLY

    CODoument No.

    $JEAñnt Lí H/

    InklBY/

    Su obDãtë

    'l !"°Audit Dept$Amnt Use Co

  • Contract No. 22919..01

    0219INDEPENDENT CONTRACTOR AGREEMENT

    Thís Contract is entered into thís lt day of July, 2012, by and between the COUNTY OF SANTA CRUZ,hereinafter called COUNTY, and SANTA CRUZ COMMUNITY COUNSELING CENTER, hereinafter calledCONTRACTOR. The parties agree as follows:

    1. DUTIES. CONTRACTOR agrees to exercise special ski to accomplish the following results:Provision of comprehensive community-based services and intensive outpatient services for youth and theirfamies to improve their knowledge of the juverúe justice system through education and empowerment.

    CONTRACTOR wil provide these services through the Outpatient Alternative with Supportive, IntensiveServces (OASIS) and Youth Services programs designed to increase court appearances, decrease re-offenses, andultimately reduce the number of youth detained in the Santa Cruz County juvenile hall. See attached Scope ofWork and Budget for additional details. CONTRACTOR shall submit program progress reports at least quarterly.Additionally, if directed by Probation, CONTRACTOR may be required to provide attendance, performance andcompletion information and/or enter program data directly into County Probation case management system(s)when electronic interface is available. CONTRACTOR shall utilize evidence based practices and principles inprogram development and implementation of services under thís contract in order to further reduce recidivism andrisk factors and to increase public safety. CONTRACTOR shall also provide services that are racially andculturally responsive.

    2. COMPENSATION. In consideration for CONTRACTOR accomplishíng said result, COUNTYagrees to pay CONTRACTOR as follows: Payment not to exceed $50,467.00, for the term period. CONTRACTORwil submit suitable monthly invoices or Expenditure Report Forms to the COUNT.

    3. TERM. The term of this Contract shall be: July 1,2012 through June 30, 2013.

    4. EARLY TERMINATION. Either party hereto may terminate thís Contract at any time by givingthirty (30) days written notice to the other party.

    5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS. CONTRACTORshall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose of paragraphs 5 and 6 shallinclude, without limitation, its offcers, agents, employees and volunteers) from and against:

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

    B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid withrespect to CONTRACTOR and CONTRACTOR'S officers, employees and agents engaged in the performance ofthis Contract (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 Contract(and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the followinginsurance coverage( s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTYand any insurance qr self-insurance maintained by COUNTY shall be considered in excess of CONTRACTOR'Sinsurance coverage and shall not contribute to it. If CONTRACTOR normally carries insurance in an amountgreater than the minimum amount required by the COUNTY for thís Contract, that greater amount shall become

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  • 0220

    the rrnimum required amount of insurance for purposes of this Contract. Therefore, CONTRACTOR herebyacknowledges and agrees that any and all insurances carried by it shall be deemed liability coverage for any and allactions it performs in connection with this Contract.

    If CONTRACTOR utilzes one or more subcontractors in the performance of thís Contract,CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor orotherwise provide evidence of insurance coverage from each subcontractor equivalent to that required ofCONTRACTOR in thís contract, unless CONTRACTOR and COUNIY both initial here _ / _'

    A. Types of Insurance and Minimum Limits

    (1) \Norker's Compensation in the minimum statutorily required coverage amounts. Trusinsurance coverage shall be required unless the CONTRACTOR has no employees and certifies to this fact byinitialing here

    (2) Automobile Uability Insurance for each of CONTRACTOR'S vehicles used in theperformance of this Contract, including owned, non/owned (e.g. owned by CONTRACTOR'S employees), leasedor hired vehicles, in the minimum amount of $500,000 combined single lirrt per occurrence for bodily injury andproperty damage. This insurance coverage is required unless the CONTRACTOR does not drive a verucle inconjunction with any part of the performance of this Contract and CONTRACTOR and COUNTY both certify totrus fact by initialing here _ / _"

    (3) Comprehensive or Commercial General Liability Insurance coverage in the minimumamount of $1,000,000 combined single limit, incluclng coverage for: (a) bodily injury, (b) personal injury, (c) broadform property damage, (d) contractual liability, and (e) cross/liabilty.

    (4) Professional Uabilty Insurance in the minimum amount of $~,ooo.oo combinedsingle lirrt, if, and only if, trus Subparagraph is initialed by CONTRACTOR and COUNT /_"

    B. Other Insurance Provisions

    (1) If any insurance coverage required in this Contract is provided on a "Claims Made" ratherthan "Occurrence" form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) yearsafter the expiration of trus Contract (hereinafter "post Contract coverage") and any extensions thereof.

    CONTRACTOR may maintain the required post Contract coverage by renewal or purchase of prior acts or tailcoverage. Trus provision is contingent upon post Contract coverage being both available and reasonably affordable

    in relation to the coverage provided during the term of trus Contract. For purposes of interpreting trusrequirement, a cost not exceeding 100% of the last annual policy prerrum during the term of this Contract in order

    to purchase prior acts or tail coverage for post Contract coverage shall be deemed to be reasonable.

    (2) All required Automobile and Comprehensive or Commercial General Uability Insuranceshall be endorsed to contain the followig clause:

    "The County of Santa Cruz, its officials, employee, agents and volunteers are added as an additional insured as respecs the operations

    and activities of, and on behalf of, the named insured's performance under its/his/her/thcir contract with the County of Santa Cruz"

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

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

    'l!Page 2

  • SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Servces ManagerPost Office Box #1812, Santa Cruz, CA 95061~ 1812

    0221

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

    SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Services ManagerPost Offce Box #1812, Santa Cruz, CA 95061~ 1812

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

    A. The CONTRACTOR shall not discriminate against any employee or applicant for employmentbecause of race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancerrelated), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non~meritfactor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment,advertising, layoff or ternúnation, rates of payor other forms of compensation, selection for training (includingapprenticeshíp), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post inconspicuous places, available to employees and applicants for employment, notice setting forth the provisions ofthís nOl1~discrinúnation clause.

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

    (1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by oron behalf of the CONTRACTOR, state that all qualifed applicants wil receive consideration for employmentwithout regard to race, color, religion, national origin, ancestry, physical or mental disability, medical condition(cancer related), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any othernon~merit factor unrelated to job duties. Such action shall include, but not be linúted to, the following:recruitment; advertising, layoff or termination, rates of payor other forms of compensation, selection for trainig(including apprenticeship), employment, upgrading, demotion, or transfer. In addition, the CONTRACTOR shallmake a good faith effort to consider MinoritylWomen/Disabled Owned Business Enterprises in CONTRACTOR'Ssolicitation of goods and services. Definitions for MinoritylWomen/Disabled Business Enterprises are availablefrom the COUNTY General Services Purchasing Division.

    (2) In the event of the CONTRACTOR'S non~compliance with the non~discrimination clausesof this Contract or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligiblefor further contracts with the COUNTY

    (3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs 7B(I) and7B(2) to be inserted in all subcontracts for any work covered under this Contract by a subcontractor compensatedmore than $50,000 and employing more than fiteen (IS) employees, provided that the foregoing provisions shallnot apply to contracts or subcontracts for standard commercial supplies or raw materials.

    8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have reviewedand considered the principal test and secondary factors below and agree that CONTRACTOR is an independentcontractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (workerscompensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employeebenefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means ofaccomplishíng the result contracted for herein.

    Page 3

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  • 0222

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

    SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exercise overthe details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation orbusiness; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist withoutsupervision, rather than under the direction of an employer; (d) The skill requited in the particular occupation issubstantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities,tools and work place; (f) The length of time for which CONTRACTOR is engaged is of limited duration rather thanindefinite; (g) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work ispart 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 anemployer~employee relationship; and (j) The COUNT conducts public business.

    It is recognized that it is not necessary that all secondary factors support creation of an independentcontractor relationship, but rather that overall there are signiicant secondary factors that indicate that

    CONTRACTOR is an independent contractor.

    By their signatures on this Contract, each of the undersigned certifies that it is his or her consideredjudgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.

    9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the prior writtenconsent of the COUNTY.

    10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and literature thatthe Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.

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

    12. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims arising out of orrelated to this Contract shall be made in accordance with the provisions contained in Chapter L.05 of the SantaCruz County Code, which by this reference is incorporated herein.

    13. ATTACHMENTS. This Contract includes the following attachments:

    · Scope of Servces

    · Budget· Living Wage Forms (LW Form 1 &: Form 2)

    14. LIVING WAGE.initialed by COUNTY

    This Contract is covered under Living Wage provisions if this section is

    If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of SantaCruz County Code Chapter 2.122, which requires payment of a living wage to covered employees (per CountyCode Chapter 2.122.050, non/profit contractors are exempt from the living wage rate requirement of this chapter,but are not exempt from, and must adhere to, the "non/wage" related requirements of County Code Chapter2.122.100, 2.122.130, and 2.122.140, as well as all other applicable portions of County Code Chapter 2.122). Non/

    ~' Page 4

  • 0223compliance with these Living Wage provisions during the term of the Contract wil be considered a materialbreach, and may result in termination of the Contract and/or pursuit of other legal or administrative remedies.

    CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.40, if applicable.

    15. NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS. The followingrequirements shall be met, in addition to any other requirements of this Contract:

    A. WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it shall be arequirement of this Contract to provide links to the HelpSCC (www.helpscc.org), Santa Cruz County Government(www.co.santa-cruz.ca.us), and Workforce Santa Cruz County (www.workforcescc.com) web sites.

    16. MONITORING PROGRAM FOR 50l(c)(3) NONPROFIT AGENCIES. Each of the followingrequirements shall be met, in addition to any other requirements of this Contract.

    A. Within 180 days of the end of each of the CONTRACTOR'S fiscal years occurring during the term

    of this Contract, the CONTRACTOR shall provide the Contract Administrator with two copies of FinancialStatements relating to the entirety of the CONTRACTOR'S operations. Financial statements normally include: (1)a Statement of Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of Revenues andExpenses; (3) a Cash Flow Statement; and (4) a Statement of Functional Expenses. The Contract Administratorwil forward one copy of the financial statements to the Auditor-Controller.

    (1) For the purposes of this paragraph, "CONTRACTOR'S fiscal year" shall be that period theCONTRACTOR utilizes for its annual budget cycle.

    (2) The Contract Administrator with concurrence of the County Auditor-Controller mayagree to extend the deadline for the Financial Statements required by this paragraph.

    B. In the sole discretion of the County, the requirements of this paragraph may be exempted where

    the Contract Administrator and the County Auditor-Controller ascertain that such reporting is not essential, andboth certify to its inapplicability by initialing here _ (ADD); _ (CA).

    C. The CONTRACTOR shall make a good faith effort to provide the Contract Administrator withtimely notice of any event or circumstance that materially impairs the CONTRACTOR'S financial position orsubstantially interferes with the CONTRACTOR'S ability to offer the servces it has agreed to provide as set forthin this Contract. The Contract Administrator shall notify the Auditor-Controller of any impairment upon beingnotified by the contractor.

    D. For audit authority of the Auditor-Controller refer to the paragraph on "Retention andAudit of Records."

    17. MISCELLANEOUS. This vvritten Contract, along with any attachments, is the full and completeintegration of the parties' agreement forming the basis for this Contract. The parties agree that this writtenContract supersedes any previous written or oral agreements between the parties, and any modifications to thisContract must be made in a written document signed by all parties. Any arbitration, mediation, or litigationarising out of this Contract shall occur only in the County of Santa Cruz, notwithstanding the fact that one of thecontracting parties may reside outside of the County of Santa Cruz.

    Page 5 22

  • 0224

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

    1. SC COMMUNITY COUNSELING CENTER 3. COUNTY OF SANTA CRUZ

    By:

    Carolyn ColemBy:

    Scott MacDonald, Chief Probation Officer

    Address: 195 Harvey West BoulevardSanta Cruz, CA 95060

    Telephone:Fax:Email:

    (831) 469/1700, x1l5(831) 425/[email protected]

    2. APPROVED AS TO INSURANCE:

    k!y m/(J~Risk Mana ent

    4. APPROVED AS TO FORM:

    ASS@~/DISTRIBUTION:

    · Probation Department

    · Auditor/Controller

    · Risk Management

    · Santa Cruz Community Counseling Center

    'ItPage 6

  • 0225

    The Outpatient Alternative withSupportive, Intensive Services

    ProgramO.A.S.I.S.

    A Collaborative Venture between theSanta Cruz Community Counseling Center

    and theSanta Cruz County Probation Department

    Fiscal Year 2012-2013

    Contract Agreement

    Santa Cruz County Probation DepartmentP.O. Box 1812

    Santa Cruz, CA 95060(831) 454-3800

    Santa Cruz Community Counseling Center195 Harvey West BlvdSanta Cruz, CA 95060

    (831) 469-1700

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  • The OASIS program adheres to evidence-based practice (EBP) that posits criminal justicerecidivism reduction is most pronounced with heightened probation supervision and specifictreatment practices and services. The primary target population are youth between the ages of12 and 18 years, within Santa Cruz County, who were detained in Juvenile Hall and released onelectronic monitoring or home supervision (EBP: Risk Principle). The program provides intensiveoutpatient services to youth and their families by improving their knowledge of the juvenile justicesystem through education and empowerment. A primary objective is to reduce the number ofyouth detained at Santa Cruz County's Juvenile HalL. The OASIS program is designed to makecertain that youth successfully appear at their pre-disposition court hearing and do not re-offendbetween the time that they are released into the community and the time they go to their pre-disposition hearing. Youth are frequently monitored and engaged during hours when they have atendency to re-offend or violate their probation terms (EBP: Dosage Principle).

    0226

    The OASIS program is designed to be client-centered and supportive of the family. The programcreates a structure that allows youth to learn about both the 'individual' behaviors that lead theminto the juvenile justice system as well as the environmental circumstances that impact their lives.The OASIS counselor uses a holistic approach to treatment/delivery of services, taking intoconsideration family values and impact, cultural values and impact, as well as conventional theoryand practices. The program is therefore able to help both youth and their families successfullynavigate a multiplicity of issues (EBP: Need Principle).

    The OASIS program will service approximately 22 youth and their families per year. This numberis based upon referrals from the Santa Cruz County Probation Department Youth typicallyparticipate in the program from one to 13 weeks. The degree of intensity will vary in number ofvisits per week, depending on individual treatment plans discussed in weekly collaborativemeetings between Youth Services (YS), a component of Santa Cruz Community CounselingCenter, and Probation (EBP: Responsivity Principle).

    CLIENT INTAKE/ASSESSMENT: Intakes will be done within two working days after the OASISCounselor receives a referral from Probation. Both Probation and the OASIS staff will assessfrequency of sessions at the time of assignment. Families are encouraged to participate inassessments. (EBP: Assess Actuarial Risk/Needs)

    YOUTH COUNSELING: Focus is on delivering individual counseling services and wrap-aroundservices. One-to-one counseling sessions wil provide youth with support and guidance through

    the probation process. Counseling services utilize Cognitive Behavioral Theory (CBT). CBTencourages the development of specific goals that are measurable and can be tested foreffectiveness. Youth are able to improve their behaviors and also rid themselves of inaccurate

    and problematic thoughts that are likely to promote recidivism (EBP: Target Intervention, MeasureRelevant Processes/Practices, Provide Measurement Feedback). The sessions will take place atthe youth's home or another approved site as needed (e.g. school site).

    Wrap-around services encompass anything that will aid youth in gettng off probation andobtaining the skills necessary for a healthy and productive life including: enrolling in school orvocational training, applying for jobs, or connecting to adjunct/continued counseling services(EBP: Skill Train with Directed Practice, Engage Ongoing Support in Natural Communities)

    '2!

  • 0227PARENT EDUCATION AND SUPPORT: Will provide parent orientation as well education andsupport services involving topics such as: gang affliation, court process, substance abuse andpositive parenting practices (e.g. effective communication, limit setting).

    POSITIVE ALTERNATIVE ACTIVITIES: All time spent with youth should create opportunities todiscuss positive activities as alternatives to alcohol and drug use, gang involvement and otherviolenUunhealthy behaviors. CST practices support this key element. Any activities will beappropriate for youth and focused on competency and character building. (ESP: EnhanceIntrinsic Motivation, Increase Positive Reinforcement).

    TRANSPORTATION: Youth transportation will take place in agency or staff vehicles.

    MONITORING AND DOCUMENTATION SERVICES: Case management files will bemaintained at YS. All services will be documented for future reference and review. YSadministration and OASIS staff will implement monitoring systems.

    CRISIS SUPPORT: Counselor can be reached during working hours through an agency cellphone. Counselor will inform Probation of current schedule and also of any changes toschedule. Probation staff may also contact the YS OASIS manager for any programmatic issuesor concerns. Phone numbers will be available to the Probation Department and updated asnecessary.

    COURT TIME: There will be no actual court time spent by the OASIS counselor, unlessspecifically requested by youth, parent(s)/guardian(s), or the Probation Department staff.

    The overall goal of the OASIS program is to reduce recidivism rates and risk factors amongjuvenile offenders. Utilizing aforementioned ESP key principles (as noted in the ProgramSummary and Key Program Elements), the OASIS program increases the likelihood of recidivismreduction in juvenile offenders. Goal effectiveness can be measured by (1) reduction of bed daysat Juvenile Hall, (2) increase in compliance with court appearances, and (3) decrease in re-offenses.

    THE OASIS counselor will be bicultural as well as have the necessary skils to work with thetargeted population. This requires a competency and dedication that will be equipped withongoing training and supervision. The counselor will also be knowledgeable and sensitive to thediversity of the population in Santa Cruz County.

    YS will provide a .55 full-time counselor to deliver services.

    The OASIS counselor and the YS program manager will be responsible for case management.Weekly collaborative team meeting will include the YS OASIS counselor, YS program managerand members of OASIS probation.

    22

  • 0228

    SANTA CRUZ COMMUNITY COUNSELING CENTERYOUTH SERVICESFY 12-13 OASIS PROPOSED BUDGET

    PERSONNELCounselor IISupervisorProgram Staff

    Subtotal Salaries

    FTE0.460.070.11

    0.64

    18,0234,7795,748

    28,550

    Benefits (HlthlDentlLife, Workers Comp)Payroll TaxesUnemployment InsuranceSubtotal Fringe

    TOTAL PERSONNEL

    4,9612,184

    2947,440

    35,990

    SuppliesTelephoneRentPrinting/CopyingStaff Travel - LocalClient NeedsStaff Recruitment & Employment CostsStaff DevelopmentInsurance

    660324

    6,51840

    1,121450

    60225

    78

    TOTAL OPERATING 9,476

    TOTAL DIRECT COSTSFederally Approved Indirect Rate

    45,4665,001

    GRAND TOTAL 50,467

    2!

  • COUNT OF SANA CRUZREQUEST FOR APPROVAL OF AGREEMENT

    0229

    TO: Bord of SupeCont Adinis 0IAuit Cole

    (D1inent)

    (S9re) 9/14/12 (Date)apopias/leue are avAGREEMENT TYE (Ch On) Exre Agre IX Revenue Agrement i:

    Th Bærd of Supe is he re to app th at ag and aut th exea ofsame.

    1. said agrement is beeen the Probation Departent

    and santa Crz Comunit Conseling teter. 195 Haivey Wes Boulevard. santa Cruz. CA 95060

    (Derb Ag)(Name/Adre)

    2. This agrement wil provide Probation Alternative SuPPOrt 5elvice (PAS) in collaboration with the Probation Departent to

    suPPOrt general-caseload youth to meet the conditions of their probation and to reuce the likelihoo that they wil reidivate.

    3. Period of the agrement is frm July 1. 2012 to June 30. 2013

    4. Anticipated Cost is $30.057.00 lJ Fixed i: Monthly Rate i: Annual Rate i: Not to Exceed

    Remark:

    5. Detail: i: On Continuing Ágreements List for FY_. Paa:-_Contrct No: _ OR 1m 1st Time AgreementlJ seon n No Bord le reúire will be lis und Ite 8lB Section III Bord le reuirei: se IV Reue Agre6. Aptis/Revnues are availabl and are budg in 5740

    UsCo J63(Index) 3638 (Sub ob)

    NOTE: IF APOPRTIONS AR INSUFFCIENT, ATIACHED COMPLD AUD-74 ORAlUD-

    e ha be

    Ap ar no availibland ~ enmbe.By:

    ~2. Date:~Prl and amnting deil re and app. it isreme th th Bord of Supe app th agre and aut

    ai.._¡_...-m_onber..u. -.Da: f( lG 0-. By, ,Di:

    Bo ofSu - WhilAuit Cole - canaryAuitle- PinkDerb-Go

    (Derb Ag) .

    St of califiaCont of sant Cri ex-o Cl of the Bord of Supe of th Conty of santa CruSl dcaliia, do heærthth fo re fo appl ofagwaa~pr by said Bord of Supe as reme by th Cont Adminis 0ß by anor du en in th minut ofsaid Bærd on 20_

    AD - 29 (8/01)Tit i, 5en 300 Pr Man It De CJ

    AUDIT-(R US ONLY

    CODoment No.

    $JEAññt

    $Amnt

    li H/ kêØ'/

    Sub obDãtë

    TellOAudit Dept Ir Usr Co 22

  • 0230

    PASS Program(Probation Alternatives Support Services)

    A Collaboration betweenSanta Cruz County Probation Department

    andSanta Cruz Community Counseling Center

    Fiscal Year 2012-2013

    Contract Agreement

    Santa Cruz County Probation DepartmentP.O. Box 1812

    Santa Cruz, CA 95060(831) 454-3800

    Santa Cruz Community Counseling Center195 Harvey West BlvdSanta Cruz, CA 95060

    (831) 469-1700

    ~!

  • 0231

    Program Summary:The Probation Alternative Support Services (PASS) Program is a collaboration betweenthe Santa Cruz County Probation Department and the Santa Cruz Community CounselingCenter' s Youth Services. The PASS Program is intended to support general-caseloadprobation youth to meet the conditions of their probation, to get them the support that ismost appropriate for their needs and to reduce the likelihood that they wil recidivate.The intention of this program is to more effectively provide an array of support servicesto youth while reducing Probation Offcer costs by shifting some of the traditionalresponsibilities of the Probation Department Officer to the Youth Services' Counselor.

    Program Elements:Youth Services of the Santa Cruz Community Counseling Center will take direct referralsof juvenile probation youth who are classified as 654.2 Welfare & Institutions Code(Court ordered informal probation) or 6 months without wardship. Youth Services wilprovide comprehensive case management and counseling services to the youth referred.The primary goal of the PASS program counselor will be to assist the youth and family inmeeting all of the terms of their probation. Services are to include, but not limited to:supporting youth to follow through with restitution payments, supporting them to meettheir community service obligations, communicating with parents regarding the courtprocess, providing individual and family counseling, monitoring school performance,

    providing Aggression Replacement Training groups, and providing in-kind 7 Challengesdrug and alcohol intervention groups. The PASS program counselor will also refer youthas necessary to other youth-serving organizations and to other Santa Cruz CommunityCounseling Center programs including Strengthening Families family groups. Thecounselor wil be responsible for tracking referral follow through. Youth Services wilscreen for Medi-Cal eligibility and will provide Medi-Cal reimbursed mental healthservices as is appropriate.

    Eight Principles of Evidence-Based Practice in Community Corrections:· Assess Actuarial Riskleeds: The Probation Department's JAIS assessment tool

    wil be used to inform the counselor of the youth's needs and risk profies.· Enhance Intrinsic Motivation: The PASS counselor establishes meaningful

    relationships with the youth, which provides the container in which they employmotivational techniques to strengthen the youth's already present naturalmotivations.

    . Target Interventions:

    A. Risk Principle: This program indirectly supports the risk principle forthe juvenile justice system by freeing up probation officer resources sothat they may be used to focus on youth who are more at-risk.

    B. Need Principle: The PASS program targets the followingcriminogenic needs: social values and beliefs, criminal peers, low self-esteem, substance abuse, family dysfunction, and low educational andvocational attainment.

    C. Responsivity Principle: Each youth wil have a set of treatmentelements that wil be chosen to meet the youth's individual gender,

    22

  • 0232

    cultural, language, motivational, and learning needs. Youth Servicesbrings an array of services to the youth in the PASS programincluding: 7 Challenges groups, Aggression Replacement Training

    groups, individual and family counseling, and Strengthening Familiesfamily prevention groups.

    D. Dosage: Services are provided at a low dosage, congruent with the at-risk level of the youth being served.

    E. Treatment: Treatment is fully integrated with probation sanctions perthe program design.

    · Skil Training with Directed Practice: The PASS program uses evidence-based

    practices: 7 Challenges, Aggression Replacement Training and StrengtheningFamilies, all of which employ cognitive behavioral techniques using directpractice.

    . Increase Positive Reinforcement: The PASS Program Counselor and other

    Youth Services staff utilize positive reinforcement techniques in all theirinteractions with the youth participating in the program.

    . Engage Ongoing Support in Natural Communities: The PASS Program

    Counselor wil engage with the youths' support systems, primarily parents/careproviders, school staff and other community agencies involved in the youths'lives, with the goal of aligning these support persons to help the young peoplemeet the goals of their probation conditions.

    . Measure Relevant Processes/Practices: The PASS Counselor, in partnershipwith the Probation Department, wil actively track the youths' progress in meetingtheir terms of probation, their progress on increasing school performance and theirrecidivism.

    · Provide Measurement Feedback: Regular feedback on their progress with theiroutcome goals wil be given to the youth in the PASS Program.

    Program Outcome Goals:The program outcomes that will be tracked by Youth Services in collaboration withJuvenile Probation are: completion of probation terms, completion of probation terms lessrestitution requirement, recidivism, and school performance.

    Staffng:The PASS Counselor wil be bilingual in Spanish and English as well as have thenecessary skils to work with the targeted population. This requires a competency anddedication that wil be equipped with ongoing training and supervision. The counselorwil also be knowledgeable and sensitive to the diversity of the population in Santa CruzCounty.

    Youth Services wil provide a .3 i full-time equivalent counselor to deliver services.

    !!

  • SANTA CRUZ COMMUNITY COUNSELING CENTERYOUTH SERVICESFY 12-13 PASS PROPOSED BUDGET

    PERSONNELCounselor IISupervisorProgram Staff

    Subtotal Salaries

    Benefits (HlthlDentlLife, Workers Comp)Payroll TaxesUnemployment InsuranceSubtotal Fringe

    TOTAL PERSONNEL

    SuppliesTelephoneRentPrinting/CopyingStaff Travel - LocalStaff Recruitment & Employment CostsStaff DevelopmentInsurance

    TOTAL OPERATING

    TOTAL DIRECT COSTSFederally Approved Indirect Rate

    GRAND TOTAL

    FTE0.320.050.05

    0.41

    12,3423,2732,600

    18,215

    3,1401,393

    1884,721

    22,936

    353222

    2,27427

    1,08341

    10042

    4,141

    27,0782,979

    30,057

    0233

    22

  • COUNTY OF SANTA CRUZ 0234

    Scope of Services

    ATTACHMENT 1 - Medi-Cal Administrative Activities

    PARTICIPATION IN MEDI-CAL ADMINISTRATIVE ACTIVITIES (MAA)

    The unique relationship that the Contractor has with Medi-Cal eligible and potentiallyeligible individuals and families is fully recognized, as is the expertise of the Contractorin identifying, assessing and coordinating the health care needs of individuals andfamilies it serves. In order to take advantage of this expertise and relationship,

    Contractor participation in federal, state and local leveraging opportunities, including

    Medi-Cal Administrative Activities (MAA) is supported and encouraged. Suchparticipation may include appropriate staff training and coordination, reporting anddocumentation of allowable MAA activities and associated costs, including the trackingof staff time through time survey instruments.

    In providing services under this agreement, Contractor staff shall understand andprovide basic health and benefit information and perform health advocacy to ensurethe health and well being of the target population and their families being served

    through this agreement. Outreach activities include information about health and Medi-Cal services that will benefit individuals and families to allow them to lead healthy andproductive lives. Contractor shall provide an explanation of the benefits derived fromaccessing local health, mental health and substance abuse services and encourageand assist clients and families to utilize these services. Contractor shall be

    knowledgeable regarding available health services, locations of provider sites, and howindividuals and families can access these services. Contractor shall assist families tounderstand basic Medi-Cal and other relevant insurance information, and/or referclients to eligibility sites where these activities may occur. Contractor program servicesmay include: health and Medi-Cal outreach, information, referral, eligibility, accessassistance, planning and MAA coordination activities.

    Contractor will provide some or all of the following services:. Provide information to individuals and families about Medi-Cal services, refer to

    Medi-Cal and Healthy Families eligibility sites, and assist with access to Medi-Calcovered services.

    . Assist individuals and families with aspects of the Medi-Cal and/or Healthy

    Families/Medi-Cal for Children application process.. Arrange transportation for, and if necessary, accompany individuals and families

    to Medi-Cal covered health services.. Work with community and government agencies to identify and fill gaps in health

    and Medi-Cal services by collaborating and planning for clients and families inneed of such services.

    . Assist to implement and oversee Medi-Cal Administrative Activities claimingprocess.

    '21 1 of 1

  • Contract No.20235

    INDEPENDENT CONTRACTOR AGREEMENT

    Thís Contract is entered into this 1st day of July, 2012, by and between the COUNTY OF SANTACRUZ, hereinafter called COUNTY, and SANTA CRUZ COMMUNITY COUNSELING CENTER,hereinafter called CONTRACTOR. The parties agree as follows:

    1. DUTIES. CONTRACTOR agrees to exercise special skil to accomplish the followingresults: Provision of comprehensive case management and counseling services to assist probation youth andtheir family in meeting the terms of their probation in collaboration with the Santa Cruz County ProbationDepartment. CONTRACTOR wil provide these services through a Probation Alternative Support Services(PASS) program intended to support general/caseload probation youth to meet the conditions of theirprobation, to get them the support that is most appropriate for their needs and to reduce the likelihood thatthey wi recidivate. See attached Scope of Work and Budget for additional details. CONTRACTOR shallsubmit program progress reports at least quarterly. Additionally, if directed by Probation, CONTRACTORmay be required to provide attendance, performance and completion information and/or enter program datadirectly into County Probation case management system( s) when electronic interface is available.CONTRACTOR shall utilize evidence based practices and principles in program development andimplementation of servces under thís contract in order to further reduce recidivism and risk factors and toincrease public safety. CONTRACTOR shall also provide services that are racially and culturally responsive.

    2. COMPENSATION. In consideration for CONTRACTOR accomplishíng said result,COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $30,057.00, for the term period.CONTRACTOR will submit suitable monthly invoices or Expenditure Report Forms to the COUNTY.

    3. TERM. The term of this Contract shall be: July 1, 2012 through June 30, 20B.

    4. EARLY TERMINATION. Either party hereto may terminate this Contract at any time bygiving thirty (30) days written notice to the other party.

    5. INDEMNIFICA DON FOR DAMAGES, TAXES AND CONTRIBUTIONS.CONTRACTOR shall exonerate, indemnfy, defend, and hold harmless COUNTY (whích for the purpose ofparagraphs 5 and 6 shall include, without liitation, its officers, agents, employees and volunteers) from andagainst:

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

    B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paidwith respect to CONTRACTOR and CONTRACTOR'S offcers, employees and agents engaged in theperformance of this Contract (including, without limitation, unemployment insurance, social security andpayroll tax withholding).

    6. INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of thísContract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of thefollowing insurance coverage( s) and requirements. Such insurance coverage shall be primary coverage as

    22

  • 0236respects COUNTY and any insurance or self~insurance maintained by COUNTY shall be considered in excessof CONTRACTOR'S insurance coverage and shall not contribute to it. If CONTRACTOR normally carríesinsurance in an amount greater than the mínimum amount required by the COUNTY for tils Contract, thatgreater amount shall become the mínimum required amount of insurance for purposes of this Contract.Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances carried by it shall bedeemed liability coverage for any and all actions it performs in connection with this Contract.

    If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor orotherwise provide evidence of insurance coverage from each subcontractor equivalent to that required ofCONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here _ / _'

    A. Types of Insurance and Minimum Limits

    (1) Worker's Compensation in the minimum statutorily required coverage amounts.This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to thisfact by initialing here

    (2) Automobile Liability Insurance for each of CONTRACTOR'S veilcles used in theperformance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR'S employees),leased or ilred vehicles, in the minimum amount of $500,000 combined single limt per occurrence for bodiyinjury and property damage. Tils insurance coverage is required unless the CONTRACTOR does not drive avehicle in conjunction with any part of the performance of this Contract and CONTRACTOR and COUNTYboth certify to tils fact by initialing here _ / _'

    (3) Comprehensive or Commercial General Liabilty Insurance coverage in the minimumamount 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,~00 combinedsingle limit, if, and only if, tils Subparagraph is initialed by CONTRACTOR and COUN /_"

    B. Other Insurance Provisions

    (1) If any insurance coverage required in tils Contract ís provided on a "Claims Made"rather than "Occurrence" form, CONTRACTOR agrees to maintain the required coverage for a period of three(3) years after the expiration of tils Contract (hereinafter "post Contract coverage") and any extensionsthereof. CONTRACTOR may maintain the required post Contract coverage by renewal or purchase of prioracts or tail coverage. This provision is contingent upon post Contract coverage being both available andreasonably affordable in relation to the coverage provided during the term of tils Contract. For purposes ofinterpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term oftils Contract in order to purchase prior acts or tail coverage for post Contract coverage shall be deemed to bereasonable.

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

    "The County of Santa Cru its officials, employees, agents and volunteers are added as an additional insured as respects the

    operations and activities of, and on behalf of, the named insured's performance under its/his/her/thcir contract with the County of

    SantaCruz"

    ~!Page 2

  • 0237(3) Al required insurance policies shall be endorsed to contain the following clause:

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

    SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Services ManagerPost Office Box #1812, Santa Cruz, CA 95061~ 1812

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

    SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Services ManagerPost Office Box #1812, Santa Cruz, CA 95061~ 1812

    7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance ofthis Contract, CONTRACTOR agrees as follows:

    A. The CONTRACTOR shall not discrirrnate against any employee or applicant foremployment because of race, color, religion, national origin, ancestry, physical or mental disability, mec:calcondition (cancer related), marital status, 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 lirrted to, thefollo\ving: recruitment, advertising, layoff or terrrnation, rates of payor other forms of compensation,selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. TheCONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment,notice setting forth the provisions of this non/discrirrnation clause.

    B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if

    CONTRACTOR employees fifteen (IS) or more employees, the following requirements shall apply:

    (I) The CONTRACTOR shall, in all solicitations or advertisements for employees placedby or on behalf of the CONTRACTOR, state that all qualiied applicants wil receive consideration foremployment without regard to race, color, religion, national origin, ancestry, physical or mental disability,medical condition (cancer related), marital status, 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 lirrtedto, the following: recruitment; advertising, layoff or termination, rates of payor other forms of compensation,selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. In addition,the CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned BusinessEnterprises in CONTRACTOR'S solicitation of goods and services. Definitions for Minority/Women/DisabledBusiness Enterprises are available from the COUNTY General Services Purchasing Division.

    (2) In the event of the CONTRACTOR'S non/compliance with the non/discriminationclauses of this Contract or with any of the said rules, regulations, or orders said CONTRACTOR may bedeclared ineligible for further contracts with the COUNTY.

    (3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs 7B(I) and7B(2) to be inserted in all subcontracts for any work covered under this Contract by a subcontractorcompensated more than $50,000 and employing more than fiteen (IS) employees, provided that the foregoingprovisions shall not apply to contracts or subcontracts for standard commercíal supplies or raw materials.

    Page 3

    22

  • 02388. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have

    reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is anindependent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance(workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled toany employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner andmeans of accomplishing the result contracted for herein.

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

    SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exerciseover the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinctoccupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by aspecialist without supervision, rather than under the direction of an employer; (d) The skill required in theparticular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTYsupplies the instrumentalities, tools and work place; (f) The length of time for which CONTRACTOR isengaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by thejob rather than by the time; (h) The work is part of a special or permissive activity, program, or project, ratherthan part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating anindependent contractor relationship rather than an employer, employee relationship; and G) The COUNTYconducts public business.

    It is recognized that it is not necessary that all secondary factors support creation of an independentcontractor relationship, but rather that overall there are significant secondary factors that indicate that

    CONTRACTOR is an independent contractor.

    By their signatures on this Contract, each of the undersigned certifies that it is his or her consideredjudgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.

    9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the priorwritten consent of the COUNTY.

    10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and literaturethat the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.

    Il. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain recordspertinent to this Contract for a period of not less than five (5) years after final payment under this Contract oruntil a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees tobe subject to the examination and audit by the Santa Cruz County Auditor,Controller, the Auditor General ofthe State of California, or the designee of either for a period of five (5) years after final payment under thisContract.

    12. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims arisingout of or related to this Contract shall be made in accordance with the provisions contained in Chapter L.05 ofthe Santa Cruz County Code, which by this reference is incorporated herein.

    B. ATTACHMENTS. This Contract includes the follovving attachments:

    · Scope of Services

    · Budget· Living Wage Forms (L W Form I &: Form 2)

    Page 4

    '21

  • 023914. LIVING WAGE. This Contract is covered under Living Wage provisions if thís section is

    initialed by COUNTY

    If Item '# 14 above is initialed by the COUNTY, then thís Contract is subject to the provisions of SantaCruz County Code Chapter 2.122, whích requires payment of a living wage to covered employees (per CountyCode Chapter 2.122.050, non~profit contractors are exempt from the living wage rate requirement of thischapter, but are not exempt from, and must adhere to, the unon~wage" related requirements of County CodeChapter 2.122.100, 2.122.130, and 2.122.140, as well as all other applicable portions of County Code Chapter2.122). Non~compliance with these Living Wage provisions during the term of the Contract wil be

    considered a material breach, and may result in termination of the Contract and/or pursuit of other legal oradministrative remedies.

    CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.

    15. NON~PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS. The followingrequirements shall be met, in addition to any other requirements of thís Contract:

    A. WEB LINKS - If a non~profit CONTRACTOR has an organizational web site, it shall be arequirement of this Contract to provide links to the HelpSCC (www.helpscc.org), Santa Cruz CountyGovernment (www.co.santa-cruz.ca.us), and Workforce Santa Cruz County (www.workforcescc.com) websites.

    16. MONITORING PROGRAM FOR 50l(c)(3) NONPROFIT AGENCIES. Each of thefollo\ving requirements shall be met, in addition to any other requirements of thís Contract.

    A. Within 180 days of the end of each of the CONTRACTOR'S fiscal years occurring during the

    term of thís Contract, the CONTRACTOR shall provide the Contract Administrator with two copies ofFinancial Statements relating to the entirety of the CONTRACTOR'S operations. Financial statementsnormally include: (1) a Statement of Financial Position or Balance Sheet; (2) a Statement of Activities orStatement of Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of FunctionalExpenses. The Contract Administrator wil forward one copy of the financial statements to the Auditor~Controller.

    (1) For the purposes of this paragraph, "CONTRACTOR'S fiscal year" shall be thatperiod the CONTRACTOR utilizes for its annual budget cycle.

    (2) The Contract Administrator with concurrence of the County Audítor~Controller mayagree to extend the deadline for the Financíal Statements required by this paragraph.

    B. In the sole discretion of the County, the requirements of thís paragraph may be exempted

    where the Contract Administrator and the County Audítor~Controller ascertain that such reporting is notessential, and both certify to its inapplicability by initialing here _ (AUD); _ (CA).

    C. The CONTRACTOR shall make a good faith effort to provide the Contract Administratorwith timely notice of any event or circumstance that materially impairs the CONTRACTOR'S financialposition or substantially interferes with the CONTRACTOR'S ability to offer the services it has agreed toprovide as set forth in thís Contract. The Contract Administrator shal notify the Auditor~Controller of anyimpairment upon being notified by the contractor.

    Page 5

    22

  • 0240D. For audit authority of the Auditor/Controller refer to the paragraph on "Retention

    and Audit of Records."

    17. MISCELLANEOUS. This written Contract, along with any attachments, is the full andcomplete integration of the parties' agreement forming the basis for this Contract. The parties agree that thiswritten Contract supersedes any previous written or oral agreements between the parties, and anymodifications to this Contract must be made in a written document signed by all parties. Any arbitration,mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa Cruz.

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

    1. SC COMMUNITY COUNSELING CENTER 3. COUNTY OF SANTA CRUZ

    By: ~GACarolyn Cole , Executive Director

    By:

    Scott MacDonald, Chief Probation Offcer

    Address: 195 Harvey West BoulevardSanta Cruz, CA 95060

    Telephone:Fax:Email:

    (831) 469/1700, x1l5(831) 425/[email protected]

    2. 4. APPROVED AS TO FORM:

    v ~~As~~~eiDISTRIBUTION:

    · Probation Department

    · Auditor/Controller

    · Risk Management

    · Santa Cruz Community Counseling Center

    21Page 6

  • COUNT OF SANTA CRUZREQUEST FOR APPROVAL OF AGREEMENT

    0241

    TO: Bord of SupervCont Adinis OfAuit Cole

    FROM: Probati (D)(Sire) 10/1/12 (Date)/re are av

    Revenue Agrement i:

    BY:

    AGREEMENT TYE (Che One)

    Th Bord of Supe is he reue to app th att agre and auth th exec of same.

    1. said agreement is between the Probation

    and santa Crz BaIT Unidos Inc., 1817 Souel Avenue. santa CruZ, CA 95062

    (Derb Agcy)

    (Name/Addre)

    2. This agrement wil provide for "Juvenile Hall Outrach" proram services. a comprehensive community-base outreach.prevention and intervention proram in Juvenile Hall. and for "Rule of Law" (ROLl restrative justce proram service as partof the Community Acton Program for the santa Cruz County Probation Departent.

    3. Period of the agrement is from July 1. 2012 to June 30, 2013

    4. Anticipated Cost is $50,000.00 i: Fixed i: Monthly Rate i: Annual Rate i: Not to Exceed

    Remark: This contract was on the CCL but exces the 10% increse allowed.

    5. Detail: IX On Continuing Agreements List for FY12-13. PaOC-ll Contract No: CT21767-01 OR i: 1st Time Agreementi: Seon II No Bord ie reuire, will be lis und Item 8(R Section III Bord letr reuirei: 5e IV Reue Agreme

    6. Aproprtis/Revenues are available and are budget in 574000UsCoJ63

    (Index) 3665 (Sub ob)NOT: IF APROPRITIONS AR INSUFFCIENT, ATTACHED COMPLETD AUD-74 ORAlUD-

    ~ _be CoctN.: ~'!L'-- "" -~ er ":~ ~ Da:JO\~ \izC-~~ VNløtimW) 57~

    Prl and nting deil re and app. It is remend tht th Bord of Supe app the agrement and aut

    Clie of Pr (Dept/Ag He to exec on bealf dth Prbation

    11/ L6h'i-Date:(Dert Ag)

    ,

    Di:Bord ofSupe - WhilAuit Cole - canaiyAuitle - PinkDerb-Go

    Sl ofcalifiaCont of santa CrI ex-o Cle of the Bord of Superv of th Conty of santa CniSt d carifia, do he ær th th fong reue fo appl of agre wa ap-pr by said Bord of Supe as reme by the Cont Adminis Of by anor duly en in th minut d said Bord on 20_

    AD-29(8/01)Tid I, sen 300 Pr Man By DeCl

    AUDITR-cOURUS ONLY

    CODoument No. JE Añnt

    TellOAudit Dept Amnt

    li H/f RëBY/Subob

    Dare

    In User Coe-a

  • Contract No. 21767~OL

    0242INDEPENDENT CONTRACTOR AGREEMENT

    This Contract is entered into this lt day of July, 2012, by and between the COUNTY OF SANTACRUZ, hereinafter called COUNTY, and SANTA CRUZ BARRIOS UNIDOS INC., hereinafter calledCONTRACTOR. The parties agree as follows:

    1. DUTIES. CONTRACTOR agrees to exercise special skil to accomplish the following results:Provision of 'Juvenile Hall Outreach" and "Rule of Law" (ROL) program services as part of the CommunityAction Program for the County of Santa Cruz Probation Department. See attached Scope of Work and Budgetfor additional details. CONTRACTOR wil submit program Progress Reports to the Probation Department atleast quarterly. Additionally, if directed by Probation, CONTRACTOR may be required to provide attendance,performance and completion information and/or enter program data directly into County Probation casemanagement system(s) when electronic interface is available. CONTRACTOR shall utilize evidence basedpractices and principles in program development and implementation of services under this contract in order tofurther reduce recidivism and risk factors and to increase public safety. CONTRACTOR shall also provideservices that are racially and culturally responsive.

    2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result,COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $50,000.00, processed for paymentin full after project completion, receipt of invoice, and approval of project manager. CONTRACTOR wilsubmit suitable monthly invoices or Expenditure Report Forms to the COUNTY. Invoices shall be biledspecific to this Juvenile Hall Outreach and Rule of Law program.

    3. TERM. The term of this Contract shall be: July 1, 2012 through June 30, 2013.

    4. EARLY TERMINATION. Either party hereto may terminate this Contract at any time bygiving thirty (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 ofparagraphs 5 and 6 shall include, without limitation, its offcers, agents, employees and volunteers) from andagainst:

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

    B. Any and all FederaL, State and Local taxes, charges, fees, or contributions required to be paidwith respect to CONTRACTOR and CONTRACTOR'S offcers, employees and agents engaged in theperformance of this Contract (including, without limitation, unemployment insurance, social security andpayroll tax withholding).

    6. INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this Contract(and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the followinginsurance coverage( s) and requirements. Such insurance coverage shall be primary coverage as respectsCOUNTY and any insurance or selhnsurance maintained by COUNTY shall be considered in excess ofCONTRACTOR'S insurance coverage and shall not contribute to it. If CONTRACTOR normally carriesinsurance in an amount greater than the minimum amount required by the COUNTY for this Contract, thatgreater amount shall become the minimum required amount of insurance for purposes of this Contract.

    ~ 2 Pagel

  • Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances carried git?shall bedeemed liability coverage for any and all actions it performs in connection with this Contract.

    If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor orotherwise provide evidence of insurance coverage from each subcontractor equivalent to that required ofCONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here _ / _

    A. Types of Insurance and Minimum Limits

    (1) Worker's Compensation in the minimum statutorily required coverage amounts. Thisinsurance coverage shall be required unless the CONTRACTOR has no employees and certifies to this fact byinitialing here

    (2) Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in theperformance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR'S employees),leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodilyinjury and property damage. This insurance coverage is required unless the CONTRACTOR does not drive avehicle in conjunction with any part of the performance of this Contract and CONTRACTOR and COUNTYboth certify to this fact by initialing here _ / _"

    (3) Comprehensive or Commercial General Liability Insurance coverage in the minimumamount 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) Profesional liability Insmanee in the minium amount of $ ~o.oo combinedsingle limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUN ... /_"

    B. Other Insurance Provisions

    (1) If any insurance coverage required in this Contract is provided on a "Claims Made"rather than "Occurrence" form, CONTRACTOR agrees to maintain the required coverage for a period of three(3) years after the expiration of this Contract (hereinafter "post Contract coverage") and any extensionsthereof. CONTRACTOR may maintain the required post Contract coverage by renewal or purchase of prioracts or tail coverage" This provision is contingent upon post Contract coverage being both available andreasonably affordable in relation to the coverage provided during the term of this Contract. For purposes ofinterpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term ofthis Contract in order to purchase prior acts or tail coverage for post Contract coverage shall be deemed to bereasonable.

    (2) All required Automobile and Comprehensive or Commercial General LiabilityInsurance 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, and on behalf of, the named insured's performance under its/his/her/the.r contract with the County of

    SantaCruz"

    (3) All required insurance policies shall be endorsed to contain the following clause:"This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:

    SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Servces ManagerPost Offce Box #1812, Santa Cruz, CA 9S061~ 1812

    Page 2 22

  • 0244

    (4) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of theseinsurance provisions and provide COUNTY on or before the effective date of this Contract with Certificates ofInsurance for all required coverage.

    Al Certificates of Insurance shall be delivered or sent to:

    SANTA CRUZ COUNTY PROBATION DEPARTMENTAttn: Julie Rudge, Administrative Services ManagerPost Offce Box #1812, Santa Cruz, CA 95061-1812

    7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance ofthis Contract, CONTRACTOR agrees as follows:

    A. The CONTRACTOR shall not discriminate against any employee or applicant for employmentbecause of race, color, religion, national origin, ancestry, physical or mental disability, medical condition(cancer related), marital status, sexual orientation, age (over IS), veteran status, gender, pregnancy, or any othernon-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, selection fortraining (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTORagrees to post in conspicuous places, available to employees and applicants for employment, notice setting forththe provisions of this non-discrimination clause.

    B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if

    CONTRACTOR employees fifteen (15) or more employees, the following requirements shall apply:

    (1) The CONTRACTOR shall, in all solicitations or advertisements for employees placedby or on behalf of the CONTRACTOR, state that all qualified applicants wil receive consideration foremployment without regard to race, color, religion, national origin, ancestry, physical or mental disability,medical condition (cancer related), marital status, sexual orientation, age (over IS), veteran status, gender,pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limitedto, the following: recruitment; advertising, layoff or termination, rates of payor other forms of compensation,selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. In addition,the CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned BusinessEnterprises in CONTRACTOR'S solicitation of goods and services. Definitions for MinoritylWomen/DisabledBusiness Enterprises are available from the COUNTY General Services Purchasing Division.

    (2) In the event of the CONTRACTOR'S non-compliance with the non-discriminationclauses of this Contract or with any of the said rules, regulations, or orders said CONTRACTOR may bedeclared ineligible for further contracts with the COUNTY.

    (3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs 7B(1) and7B(2) to be inserted in all subcontracts for any work covered under this Contract by a subcontractorcompensated more than $50,000 and employing more than fiteen (IS) employees, provided that the foregoingprovisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

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

    22 Page 3

  • 0245PRINCIPAL 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 exerciseover the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinctoccupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by aspecialist without supervision, rather than under the direction of an employer; (d) The skil required in theparticular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTYsupplies the instrumentalities, tools and work place; (f) The length of time for which CONTRACTOR isengaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by thejob rather than by the time; (h) The work is part of a special or permissive activity, program, or project, ratherthan part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating anindependent contractor relationship rather than an employer, employee relationship; and U) The COUNTYconducts public business.

    It is recognized that it is not necessary that all secondary factors support creation of an independentcontractor relationship, but rather that overall there are significant secondary factors that indicate that

    CONTRACTOR is an independent contractor.

    By their signatures on this Contract, each of the undersigned certifies that it is his or her consideredjudgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.

    9. NONASSIGNMENT.written consent of the COUNTY.

    CONTRACTOR shall not assign the Contract without the prior

    ro. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and literaturethat the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.

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

    12. PRESENT AnON OF CLAIMS. Presentation and processing of any or all claims arising outof or related to this Contract shall be made in accordance with the provisions contained in Chapter L.05 of theSanta Cruz County Code, which by this reference is incorporated herein.

    13. ATTACHMENTS. This Contract includes the following attachments:

    · Scope of Work and Budget· Living Wage Forms (L W Form I &: Form 2)

    14. LIVING WAGE. This Contract is covered under Living Wage provisions if this section isinitialed by COUNTY

    If Item #: 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of SantaCruz County Code Chapter 2.122, which requires payment of a living wage to covered employees (per CountyCode Chapter 2.122.050, non'profit contractors are exempt from the living wage rate requirement of thischapter, but are not exempt from, and must adhere to, the "non'wage" related requirements of County CodeChapter 2.122.100, 2.122.130, and 2.122.140, as well as all other applicable portions of County Code Chapter2.122). Non,compliance with these Living Wage provisions during the term of the Contract wil be considereda material breach, and may result in termination of the Contract and/or pursuit of other legal or administrativeremedies.

    CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.

    Page 4 22

  • 0246

    is. NON~PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS. The followingrequirements shall be met, in addition to any other requirements of this Contract:

    A. WEB LINKS - If a non~profit CONTRACTOR has an organizational web site, it shall be arequirement of this Contract to provide links to the HelpSCC (ww.helpscc.org), Santa Cruz CountyGovernment (ww.co.santa~cruz.ca.us), and Workforce Santa Cruz County (ww.workforcescc.com) websites.

    16. MONITORING PROGRAM FOR 50l(c)(3) NONPROFIT AGENCIES. Each of thefollowing requirements shall be met, in addition to any other requirements of this Contract.

    A. Within 180 days of the end of each of the CONTRACTOR'S fiscal years occurring during the

    term of this Contract, the CONTRACTOR shall provide the Contract Administrator with two copies ofFinancial Statements relating to the entirety of the CONTRACTOR'S operations. Financial statementsnormally include: (1) a Statement of Financial Position or Balance Sheet; (2) a Statement of Activities orStatement of Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional Expenses.The Contract Administrator wil forward one copy of the financial statements to the Auditor~Controller.

    (1) For the purposes of this paragraph, "CONTRACTOR'S fiscal year" shall be that periodthe CONTRACTOR utilizes for its annual budget cycle.

    (2) The Contract Administrator with concurrence of the County Auditor-Controller mayagree to extend the deadline for the Financial Statements required by this paragraph.

    B. In the sole discretion of the County, the requirements of this paragraph may be exempted

    where the Contract Administrator and the County Auditor-Controller ascertain that such reporting is notessentiaL, and both certify to its inapplicability by initialing here _ (ADD); _ (CA).

    C. The CONTRACTOR shall make a good faith effort to provide the Contract Administrator withtimely notice of any event or circumstance that materially impairs the CONTRACTOR'S financial position orsubstantially interferes with the CONTRACTOR'S ability to offer the services it has agreed to provide as setforth in this Contract. The Contract Administrator shall notify the Auditor-Controller of any impairment uponbeing notified by the contractor.

    D.Records."

    For audit authority of the Auditor-Controller refer to the paragraph on "Retention and Audit of

    17. MISCELLANEOUS. This written Contract, along with any attachments, is the full andcomplete integration of the parties' agreement forming the basis for this Contract. The parties agree that thiswritten Contract supersedes any previous written or oral agreements between the parties, and any

    modifications to this Contract must be made in a written document signed by all parties. Any arbitration,mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa Cruz.

    22 Page 5

  • 0247

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

    3. COUNTY OF SANTA CRUZ

    By:Scott MacDonald, Chief Probation Officer

    Addre : 1817 Soquel AvenueSanta Cruz, CA 95062

    Telephone:Fax:Email:

    (831) 457,8208(831) 457,[email protected]

    2. 4. APPROVED AS TO FORM:

    I D ,') )l-

    DISTRIBUTION:. Probation Department

    . Auditor,Controller

    . Risk Management

    . Barrios U nidos

    Page 6 28

  • Santa Cruz Barrios UnidosJuvenile Hall Outreach and Rule of Law Program

    Scope of Work and Budget

    0248

    SCOPE OF WORK

    OUTREACH SEGMENT

    Santa Cruz Barrios Unidos proposes to implement a unique behavioral intervention andtraining program that wil be administered in partnership with the Santa Cruz ProbationDepartment. The services include the comprehensive community-based provision of outreach,

    prevention, and intervention services in the Santa Cruz County Juvenile HalL. A comprehensivecurrculum wil be implemented which includes daily or weekly group facilitation, individualcase management, crisis intervention, staff training, speakers, videos, and cultural or holidayactivities. Barros Unidos will provide outreach services for eight hours, two days per week, in

    the Juvenile Hall.

    The program consists of a three-step modular program approach with a menu of servicesthat are tailored to the clients needs while fulfilling requirements set by the courts and Probation.

    The program consists of three primary components:

    (1) Cultural Identity and Traditions(2) Motivational Enhancement and Cognitive Behavioral Intervention(3) Basic Skils Training

    The first point of contact with clients is through the Cultural Identify and Traditionscomponent. This is where youth are introduced to the cultural and the spiritual traditions

    developed by Barros Unidos. This is accomplished through weekly meetings, activities andevents using history, art, music and indigenous ceremonies.

    This culturally relevant approach uses the following sub-components:* Language, symbols, values and cultural traditions from Latino and indigenouscommunities.* The creation of an English-Spanish bilingual organizational culture with the ritual of"conocimientos" the practice of reflecting on personal lives.* The use of traditional medicines (copal, cedar, sage, sweet grass, sweat lodge) forphysical and spiritual healing.

    Topics and delivery of tr