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Contract Between

Shasta County Through The Department of Social Services

AND

The CSU, Chico Research Foundation

FOR

Providing an Independent Evaluation of the LINCS Program

This agreement is entered into by and between the County of Shasta, through its Department of Social Services (“County”), and the CSU, Chico Research Foundation (“Contractor”) for the purpose of providing an independent written evaluation report of the Local Interagency Network for Children’s Services (LINCS) Program services delivery model through focus group data collection from both consumers and providers and any other sources deemed valuable by the parties. Dr. Kui-Hee Song, of the School of Social Work at California State University, Chico will be the Principal Investigator for the “Contractor” and will also supervise California State University, Chico students involved in this project.

  1. RESPONSIBILITIES OF CONTRACTOR
A. Scope of Work – Phase I: Descriptive Evaluation
Period of Performance: Date of signing through August 31, 2002

1.During the term of this agreement, Contractor shall define and articulate in a written report a description of the working model of the LINCS program. This report will describe the working relationships of the agencies involved, day-to-day operations as well as the financial relationships of the agencies. The report will include a comparison of how the County administered services to children in foster care prior to LINCS and how those services are delivered under the LINCS model.

2.A “Draft Report” will be delivered to the County on or before June 30, 2002, with two weeks for County review and comment. A “Final Report” will be delivered to the County on or before August 31, 2002.

B.Additional Scope of Work – Phase II: Outcome Measurement Report

Period of Performance: September 1, 2002 – August 31, 2003

1.The report for this second phase will study both the long-term effects of reorganization as well as the short-term effects on children in foster care in the LINCS Program in Shasta County. The outcomes measured, i.e., children staying healthy while in foster care, children staying safe while in foster care, shall be agreed upon between the Contractor and County prior to beginning Phase II. The written report will document those outcomes and contain demographic information on the individuals interviewed individually and in focus groups, as well as a summary of focus group results. The report will make recommendation on areas to improve the program model as well as highlight what works well in the model. A “Draft Report” will be delivered to the County on or before June 30, 2003, with two weeks for County review and comment. A “Final Report” will be delivered to County on or before August 31, 2003.

C.Confidentiality

  1. The intent of this contract is for the Contractor to provide a written report on the LINCS Program. However, should specific information regarding the County’s clients become known to Contractor, the following confidentiality rules shall apply.
  1. Contractor shall require all employees, volunteers, agents, and officers to comply with the provisions of Section 10850 of the Welfare and Institutions Code and MPP Division 19, which provide that:
  1. All applications and records concerning any individual made or kept by Contractor shall be confidential and shall not be open to examination for any purpose not directly connected to the administration of this program.
  1. No person shall publish, disclose, use, permit or cause to be published or disclosed any list of persons receiving public social services, except as provided by law.
  1. No person shall publish, disclose, use, permit or cause to be published, disclosed or used any confidential information pertaining to an applicant or recipient, except as provided by law.
  1. Contractor shall ensure all volunteers, employees, agents, and officers comply with the above provisions, and shall inform all employees, agents and officers that any person knowingly and intentionally violating such provisions is guilty of a misdemeanor.

D.Changes in Regulations

  1. Within five (5) days of County’s notification to Contractor of a change in California Department of Social Services regulations affecting contract activities, Contractor shall notify County in writing of its choice of one of the following options:
  1. Indicate that Contractor’s operations are currently in compliance with the proposed change as specified;
  1. Indicate that Contractor is in the process of modifying operations to comply with the proposed change and will complete these modifications and be in compliance within 30 days of notification by County; or
  1. Terminate this contract with County. Contractor maintains the option to seek modification of the terms of this contract materially affected by a regulation or guideline change.

E.Record Keeping/Reporting

  1. Contractor shall maintain books, records, receipts, documents, and other evidence pertaining to all costs and expenses incurred pursuant to this contract and provide original documents of same to County upon request. Those records shall be kept for a period of at least three years after termination of this contract, or until all audits for compliance with terms, conditions and specifications of the contract are completed, whichever is later. Those records shall be open for audit and review by County, state and federal agencies.
  1. Contractor shall develop and maintain detailed records concerning the services provided pursuant to this contract. Those records shall be in a form acceptable to County. At a minimum, Contractor shall maintain a log of the dates and hours spent providing the services described in Section I. A., of this contract.
  1. Contractor shall provide all information necessary for reports required by County, state, or federal government. Contractor shall fully cooperate with County in providing any information needed by any government entity concerning this contract.

E. Conflict of Interest

The Contractor agrees that all reasonable efforts will be taken to ensure that none of its officers, volunteers, agents, or employees has a conflict of interest in connection with the performance of this agreement. None of these persons shall make, participate in making, or attempt to influence a decision when he or she knows that he or she has a financial interest in the decision. The Contractor agrees to investigate any alleged conflict of interest violations and advise the County whenever the Contractor has reasonable suspicion that such a conflict exists.

  1. Investigation of Potential Fraud and Misuse

Contractor shall take reasonable steps to prevent fraud or misuse of funds in connection with the disbursement of contract funds. Contractor agrees to establish, and provide to County upon request, a policy and procedure in which Contractor’s staff may notify County of any suspected client or internal potential fraud or misuse of contract funds. Contractor shall meet with County or its delegatee for consultation when there is suspected client or internal fraud or misuse of funds. Contractor shall designate staff for the purpose of providing access to premises and records, meeting and consulting with investigators, locating current and former Contractor staff, and cooperating with County or its delegatee in any other way necessary for the investigation of potential fraud or misuse of contract funds.

H.Inspection

The Contractor agrees to provide the County or its delegatee with any relevant information requested and shall permit the County or its delagatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying books, records, accounts and other materials that may be relevant to a matter under investigation for the purpose of investigating potential internal or client fraud or the misuse of contract funds.

I.Staff and Volunteers

Contractor shall ensure all staff and volunteers working or providing services under this contract shall receive appropriate clearance following a criminal records check, a check of the Child Abuse Index, and a California Department of Motor Vehicles record check.

II.RESPONSIBILITIES OF COUNTY

  1. Pay Contractor invoices upon Contractor’s submission of a complete, correct and approved billing.
  1. Monitor performance of Contractor to assure compliance with the terms, conditions and specifications of this agreement.
  1. Provide data or access to county records to facilitate the data collection required to complete the written report.

III.COMPENSATION

  1. Phase I -Contractor shall be paid a 25% advance of $10,867.50 upon commencement of the descriptive research. The remainder of the fixed fee will be paid upon delivery of the first Draft Report. In no case whatsoever shall the maximum amount payable under this phase of contract exceed $43,470.00.
  1. Phase II-Contractor shall be paid a 25% advance of $9,693.00 upon commencement of the outcome measures research. The remainder of the fixed fee will be paid upon delivery of the second Draft Report. In no case whatsoever shall the maximum amount payable under this phase of the contract exceed $38,772.00.
  1. Contractor’s violation of contract terms may result in fiscal penalties commensurate with the breach of terms.

IV.BILLING AND PAYMENT

  1. Contractor shall submit to County a statement of services upon commencement of research. Contractor shall submit to County a statement that Draft Report has been submitted to County. County shall pay Contractor within thirty (30) days of receipt of a complete, correct, and approved billing.
  1. Applicable contractor revenues received for service and all applicable credits shall reduce all billings under this contract. The term applicable credits refers to those receipts or reductions of expenditures which operate to offset or reduce expense items that are allocable to the award as direct or indirect costs (i.e., purchase discounts, rebates or allowances, recoveries or indemnities on losses, insurance refunds and adjustments of overpayment or other erroneous charges). To the extent that such credits, accruing or received by the Contractor relate to allowable costs, they shall be credited to County either as a cost reduction or cash refund, as appropriate.
  1. Should the County, state, or federal government disallow any cost claimed by the Contractor, the Contractor shall reimburse the County, state, or federal government as directed for such disallowed cost.

V.TERM OF AGREEMENT

This agreement shall commence on the date of signing, and shall terminate August 31, 2003.

VI.TERMINATION OF AGREEMENT

  1. If Contractor fails to perform its duties to the satisfaction of County, or if Contractor fails to fulfill in a timely and professional manner its obligations under this agreement, or if Contractor violates any of the terms or provisions of this agreement, then County shall have the right to terminate this agreement effective immediately upon the County giving written notice thereof to Contractor.
  1. Either party may terminate this agreement without cause on 30 days’ written notice. County shall pay Contractor for all work satisfactorily completed as of the date of notice, and any uncancellable obligations.
  1. County may terminate this contract immediately upon oral notice should funding cease or be materially decreased.
  1. Should this contract be terminated, Contractor shall provide County all finished and unfinished reports, data, studies, charts and other documents prepared by Contractor pursuant to this contract.
  1. The County’s right to terminate may be exercised by its Board of Supervisors, Administrative Officer, or the Director of Social Services.

VII.LEGAL MANDATES

  1. Contractor shall comply with mandatory standards and policies as required by Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR Part 60).
  1. Contractor shall comply with all applicable Laws and Regulations, including, but not limited to, the Code of Federal Regulations.
  1. Contractor shall ensure that all known or suspected instances of child abuse and neglect are reported to the Shasta County Child Protective Services agency as required by Penal Code section 11166. Contractor shall:
  1. Require each employee, volunteer, consultant, subcontractor, or agent performing services under this contract who is required by Penal Code Section 11166(a) to report child abuse or neglect, sign a statement that he or she knows of the reporting requirements and will comply with them.
  1. Establish procedures to ensure reporting even when employees, volunteers, consultants, subcontractors, or agents who are not required to report child abuse under Penal Code 11166(a), gain knowledge of, or reasonably suspect, that a child has been a victim of abuse or neglect.
  1. Contractor shall ensure that all known or suspected instances of elder abuse or dependent adult abuse are reported to the Shasta County Adult Protective Services agency as required by Welfare and Institutions Code Section 15630. Contractor shall:
  1. Require each employee, volunteer, consultant, subcontractor, or agent performing services under this contract who is required by Welfare and Institutions Code Section 15630 to report elder or dependent abuse or neglect, sign a statement that he or she knows of the reporting requirements and will comply with them.
  1. Establish procedures to ensure reporting even when employees, volunteers, consultants, subcontractors, or agents who are not required to report elder and dependent abuse under Welfare and Institutions Code 15630, gain knowledge of, or reasonably suspect, that an elder or dependent adult has been a victim of abuse or neglect.

VIII.ENTIRE AGREEMENT; MODIFICATION

This agreement supersedes all previous agreements and constitutes the entire understanding of the parties hereto. Contractor shall be entitled to no other benefits other than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both parties. Contractor specifically acknowledges that in entering into and executing this agreement, Contractor relies solely upon the provisions contained in this agreement and no others.

IX.NONASSIGNMENT OF AGREEMENT

Inasmuch as this agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate or sublet any interest herein without the prior written consent of County.

X.EMPLOYMENT STATUS

Contractor shall, during the entire term of this agreement, be construed to be an independent contractor and nothing in this agreement is intended nor shall be construed to create an employer-employee relationship, a joint venture relationship, or to allow County to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this agreement; provided always, however, that the services to be provided by Contractor shall be provided in a manner consistent with the professional standards applicable to such services. The sole interest of County is to insure that services shall be rendered and performed in a competent, efficient and satisfactory manner. Contractor shall be fully responsible for payment of all taxes due to the State of California or the federal government which would be withheld from compensation if Contractor were a County employee. County shall not be liable for deductions for any amount for any purpose from Contractor’s compensation. Contractor shall not be eligible for coverage under County’s workers compensation insurance plan nor shall Contractor be eligible for any other County benefit.

XI.INDEMNIFICATION

Contractor shall defend, hold harmless from and indemnify Shasta County, its elected officials, officers, employees, agents and volunteers against all claims, suits, actions, costs, expenses (including but not limited to reasonable attorney’s fees of County Counsel and counsel retained by County, expert fees, litigation costs, and investigation costs), damages, judgments or decrees by reason of any person’s or persons’ bodily injury, including death, or property (including property of County) being damaged by the negligent acts, willful acts, or errors or omissions of the Contractor, or any of Contractor’s subcontractors, or any person employed under Contractor, or under any subcontractor, or in any capacity during the progress of the work, except when the injury or loss is caused by the sole negligence or intentional wrongdoing of County. Contractor shall also defend and indemnify County for any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board and/or any other taxing or regulatory agency and shall defend and hold harmless County with respect to Contractor’s “independent contractor” status that would establish a liability for failure to make social security or income tax deductions or contribution or income tax withholding payments, or any other legally mandated payment.

XII.INSURANCE

  1. Contractor and any subcontractor shall obtain, from an insurance carrier authorized to transact business in the State of California, and maintain continuously during the term of this agreement Commercial General Liability Insurance, including coverage for owned and non-owned automobiles, and other insurance necessary to protect the County and the public with limits of liability of not less than $1 million combined single limit bodily injury and property damage; such insurance shall be primary as to any other insurance maintained by the County.
  1. Contractor and any subcontractor shall obtain and maintain continuously Worker’s Compensation and Employer’s Liability Insurance to cover Contractor, subcontractor, Contractor’s partner(s), subcontractor’s partner(s), Contractor’s employees, and subcontractor’s employees with an insurance carrier authorized to transact business in the State of California covering the full liability for compensation for injury to those employed by Contractor or subcontractor. Contractor hereby certifies that Contractor is aware of the provisions of sections 3700 of the Labor code which requires every employer to insure against liability for worker’s compensation or to undertake self-insurance in accordance with the provision of the Labor Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.
  1. Contractor shall require subcontractors to furnish satisfactory proof to County that liability and worker’s compensation and other required types of insurance have been obtained and are maintained similar to that required of Contractor pursuant to this agreement.
  1. With regard to all insurance coverage required by this agreement:

(1)Any deductible or self-insured retention exceeding $25,000 for Contractor or subcontractor shall be disclosed to and be subject to approval by the County Risk Manager prior to the effective date of this agreement.

(2)If any insurance coverage required hereunder is provided on a “claims made” rather than “occurrence” form, Contractor or subcontractor shall maintain such insurance coverage with an effective date earlier or equal to the effective date of the agreement and continue coverage for a period of three years after the expiration of the agreement and any extensions thereof. In lieu of maintaining post-agreement expiration as specified above, Contractor or subcontractor may satisfy this provision by purchasing tail coverage for the claims-made policy. Such tail coverage shall, at a minimum, provide coverage for claims received and reported three years after the expiration date of the agreement.