1 AGREEMENT
2 BETWEEN
3 COUNTY OF ORANGE
4 AND
5 ARBOR E & T, LLC
6 A SUBSIDIARY OF RESCARE, INC.
7 FOR THE PROVISION OF JOB SERVICES
8 AND EMPLOYMENT SUPPORT SERVICES
9
10 THIS AGREEMENT, entered into this 1st day of July, 2009,
11 which date is particularized for purpose of reference only, is
12 by and between the COUNTY OF ORANGE, hereinafter referred to as
13 "ADMINISTRATOR," and ARBOR E & T, LLC, a subsidiary of ResCare,
14 Inc., a Kentucky for-profit corporation, hereinafter referred to
15 as "CONTRACTOR." This Agreement shall be administered by the
16 County of Orange Social Services Agency Director or designee,
17 hereinafter referred to as "ADMINISTRATOR."
18 W I T N E S S E T H:
19
20 WHEREAS, COUNTY desires to contract with CONTRACTOR for the
21 provision of Job Services and Employment Support Services; and
22 WHEREAS, CONTRACTOR agrees to render such services on the
23 terms and conditions hereinafter set forth;
24 WHEREAS, such contracts are authorized and provided for
25 pursuant to California Welfare and Institutions Code Section
26 11200 et seq., also known as the California Work Opportunity and
27 Responsibility to Kids (CalWORKs) Act of 1997.
28 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
29
(WAA0109) (April 1, 2009)
Page 1 of 42
30
1 TABLE OF CONTENTS
2 Page
3 1. TERM ...................................................... 4
2. ALTERATION OF TERMS ....................................... 4
4 3. DEFINITIONS ............................................... 4
4. STATUS OF CONTRACTOR ...................................... 9
5 5. DESCRIPTION OF SERVICES, STAFFING ......................... 9
6. LICENSES AND STANDARDS ................................... 10
6 7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS ................... 11
8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE 13
7 9. USE OF COUNTY PROPERTY ................................... 16
8 10. NON-DISCRIMINATION ....................................... 16
11. NOTICES .................................................. 20
9 12. INDEMNIFICATION AND INSURANCE ............................ 21
13. CONFLICT OF INTEREST ..................................... 26
10 14. ANTI-PROSELYTISM PROVISION ............................... 27
15. SUPPLANTING GOVERNMENT FUNDS ............................. 27
11 16. EQUIPMENT ................................................ 28
17. BREACH SANCTIONS ......................................... 29
12 18. PAYMENTS ................................................. 30
19. OVERPAYMENTS ............................................. 32
13 20. REVENUE .................................................. 33
21. PROGRAM INCOME ........................................... 33
14 22. FINAL REPORT ............................................. 34
23. INDEPENDENT AUDIT ........................................ 34
15 24. RECORDS, INSPECTIONS AND AUDITS .......................... 35
25. PERSONNEL DISCLOSURE ..................................... 38
16 26. EMPLOYMENT ELIGIBILITY VERIFICATION ...................... 39
27. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS ................. 40
17 28. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING .......... 41
29. CONFIDENTIALITY .......................................... 42
18 30. COPYRIGHT ACCESS ......................................... 43
31. WAIVER ................................................... 43
19 32. PETTY CASH ............................................... 43
33. PUBLICITY ................................................ 43
20 34. COUNTY RESPONSIBILITIES .................................. 44
35. REPORTS .................................................. 44
21 36. ENERGY EFFICIENCY STANDARDS .............................. 44
22 37. ENVIRONMENTAL PROTECTION STANDARDS ....................... 44
38. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
23 CERTAIN FEDERAL TRANSACTIONS ............................. 45
39. POLITICAL ACTIVITY ....................................... 47
24 40. TERMINATION PROVISIONS ................................... 47
41. GOVERNING LAW AND VENUE .................................. 48
25 42. SIGNATURE IN COUNTERPARTS ................................ 48
26 Exhibit A - JOB SERVICES
1. POPULATION TO BE SERVED ................................... 1
27 2. REFERRALS ................................................. 1
3. CONTRACTOR GOALS .......................................... 2
28 4. ORIENTATION ............................................... 3
29
(WAA0109) (April 1, 2009)
Page 2 of 42
30
5. JOB SERVICES .............................................. 4
1 6. MOTIVATION TECHNIQUES AND PROGRAM INFORMATION ............ 11
7. WORK PARTICIPATION REQUIREMENTS .......................... 12
2 8. REPORTING REQUIREMENTS ................................... 13
3 Exhibit B - EMPLOYMENT SUPPORT SERVICES
1. POPULATION TO BE SERVED ................................... 1
4 2. REFERRALS ................................................. 1
3. GOALS ..................................................... 2
5 4. SERVICES TO BE PROVIDED ................................... 2
6 5. REPORTING REQUIREMENTS .................................... 8
6. MONTHLY REPORTS: .......................................... 8
7
Exhibit C - SERVICE CONDITIONS
8 1. PRINCIPLES ................................................ 1
2. QUALITY CONTROL ........................................... 2
9 3. CASE RECORDS .............................................. 3
4. COORDINATION .............................................. 4
10 5. FORMS ..................................................... 4
6. STATEMENT OF NEED ......................................... 5
11 7. COMMUNITY OUTREACH ........................................ 5
8. FAITH BASED ORGANIZATIONS (FBO) ........................... 5
12 9. PROGRAMMATIC PARTICIPATION ................................ 6
10. PERFORMANCE MONITORING AND REVIEWS ........................ 6
13 11. HANDLING COMPLAINTS ....................................... 7
12. FORMAL GRIEVANCE PROCESS AND STATE HEARING ................ 8
14 13. WELFARE FRAUD INVESTIGATION REFERRALS ..................... 8
14. OUTSIDE CONTACTS .......................................... 8
15 15. FACILITIES ................................................ 9
16. EQUIPMENT AND FURNISHINGS ................................ 11
16 17. BUDGET ................................................... 13
18. STAFF .................................................... 16
17 19. HOURS OF OPERATION ....................................... 28
18
19
20
21
22
23
24
25
26
27
28
29
(WAA0109) (April 1, 2009)
Page 3 of 42
30
1 1. TERM
2 The term of this Agreement shall commence on July 1, 2009,
3 and terminate on June 30, 2010, unless earlier terminated
4 pursuant to the provisions of Paragraph 40 of this Agreement;
5 however, CONTRACTOR shall be obligated to perform such duties as
6 would normally extend beyond this term, including but not
7 limited to obligations with respect to indemnification, audits,
8 reporting and accounting. CONTRACTOR and ADMINISTRATOR may
9 mutually agree in writing to extend the term of this Agreement,
10 for up to twelve (12) additional months, upon the same terms and
11 conditions, provided that COUNTY’s maximum obligation as stated
12 in Subparagraph 18.1 of this Agreement does not increase as a
13 result.
14 2. ALTERATION OF TERMS
15 This Agreement, including any Exhibit(s) attached hereto
16 and incorporated by reference, fully expresses all
17 understandings of the parties and is the total Agreement between
18 the parties as to the subject matter of this Agreement. No
19 addition to, or alteration of, the terms of this Agreement,
20 whether written or verbal, by the parties, their officers,
21 agents, or employees, shall be valid unless made in the form of
22 a written amendment to this Agreement which is formally approved
23 and executed by both parties.
24 3. DEFINITIONS
25 3.1 All Other Families Assistance Unit: An Assistance
26 Unit that includes one (1) or two (2) aided parent(s) or
27 caretaker, and does not meet the definition of a two-parent
28 assistance unit.
29
(WAA0109) (April 1, 2009)
Page 4 of 42
30
1 3.2 Assessment: An evaluation of employability and the
2 need for support services considering work history; employment
3 knowledge, skills, and abilities; education; educational
4 competency level; and local labor market conditions; physical
5 limitations; or behavioral conditions.
6 3.3 Barriers to Employment: Circumstances that interfere
7 with Welfare To Work (WTW) participation, employment, or job
8 search.
9 3.4 CalWORKs: California Work Opportunity and
10 Responsibility to Kids Act of 1997 as described in California
11 Welfare and Institutions Code Section 11200 et seq.
12 3.5 CalWORKs Assistance: The CalWORKs aid payment.
13 3.6 Career Consultant: An employee of CONTRACTOR who is
14 responsible for accepting all employment support referrals for
15 pre and post-employment participants, and is responsible for
16 documentation, service delivery, outcomes, action plans,
17 provides ongoing support and outreach to part and full-time
18 employed participants, as needed, to ensure job retention and
19 career advancement.
20 3.7 Cause Determination: A determination of good cause
21 that is conducted when a participant fails or refuses to meet
22 WTW program requirements.
23 3.8 Computer Information System: An on-line system that
24 records participant activities, progress, and payments for
25 supportive services.
26 3.9 County Technical Representative (CTR): COUNTY
27 employee(s) responsible for providing programmatic assistance
28 and advice to CONTRACTOR; and reviewing CONTRACTOR case files to
29
(WAA0109) (April 1, 2009)
Page 5 of 42
30
1 ensure program integrity and that all necessary services are
2 provided to clients.
3 3.10 Domestic Abuse Services Unit (DASU): Employees of
4 ADMINISTRATOR assigned to provide domestic abuse services to
5 CalWORKs clients, consisting of case managers, Ongoing Services
6 Workers (OSWs) and Children and Family Services (CFS) Division
7 Senior Social Workers.
8 3.11 Earned Income Tax Credit (EITC): A tax credit for
9 certain people who work and have earned income under specified
10 limits as outlined in the Department of the Treasury, Internal
11 Revenue Service Publication 596.
12 ///
13 3.12 Employment Support Services: Services provided to WTW
14 participants to increase the likelihood of securing employment,
15 retaining employment, and increasing income, thereby reducing
16 assistance payments and recidivism, while promoting family
17 stability and economic self-sufficiency.
18 3.13 Initial Services Worker (ISW): An employee of
19 ADMINISTRATOR who is responsible for the initial eligibility
20 determination for CalWORKs assistance, assessing the need for
21 supportive services, and administering Supportive Services
22 payments. The ISW is responsible for WTW participants through
23 Assessment, except for participants enrolled in Self-Initiated
24 Programs (SIP), Refugee Employment Services, or those referred
25 to the DASU, who will be referred to a WTW Case Manager (CM)
26 after eligibility for cash assistance is determined.
27 3.14 Job Developers: Specially trained staff at CalWORKs
28 offices employed by CONTRACTOR who network with employers and
29
(WAA0109) (April 1, 2009)
Page 6 of 42
30
1 assist participants in seeking and securing employment.
2 3.15 Job Placement: Employment of a WTW participant during
3 their assignment to Job Services as defined by COUNTY policy.
4 3.16 Job Services: A four (4) week WTW program that
5 consists of open-entry group workshops and active job search.
6 3.17 One-Stop Career Centers: Employment-based facilities,
7 established statewide, that integrate COUNTY and other service
8 providers into single workforce centers which provide
9 comprehensive career services and labor market information to
10 participants seeking jobs under various Federal and State funded
11 programs.
12 3.18 Ongoing Services Worker (OSW): An employee of
13 ADMINISTRATOR who is responsible for continuing CalWORKs
14 eligibility and for administering supportive services payments.
15 Also assists the WTW Case Manager in providing necessary
16 services and motivation to WTW participants.
17 3.19 Participant: A recipient of CalWORKs financial
18 assistance benefits who is required to participate, or has
19 voluntarily enrolled, in the WTW program pursuant to State
20 regulations.
21 3.20 Post-placement Participants: Those WTW participants
22 or former CalWORKs participants who are currently employed at
23 least thirty-two (32) hours per week for all other assistance
24 units or thirty-five (35) hours per week for two-parent
25 assistance units, and remain on aid.
26 3.21 Pre-placement Participants: Those WTW participants
27 who are not employed at least thirty-two (32) hours per week for
28 all other assistance units or thirty-five (35) hours per week
29
(WAA0109) (April 1, 2009)
Page 7 of 42
30
1 for two-parent assistance units.
2 3.22 Recipient: A person who is receiving CalWORKs aid
3 payments.
4 3.23 Supportive Services: Payments provided to or on behalf
5 of WTW participants for ancillary, child care, and
6 transportation expense costs.
7 3.24 Two-parent Assistance Unit: An Assistance Unit that
8 includes two (2) aided non-disabled, natural or adoptive parents
9 of the same aided or Supplemental Security Income/State
10 Supplementary Program (SSI/SSP) minor child living in the home.
11 3.25 Unsubsidized Employment: Employment without
12 government subsidy.
13 3.26 Welfare-To-Work (WTW): A mandated program under the
14 CalWORKs Act which requires parents or caretakers in families on
15 CalWORKs assistance, unless exempted, to meet work requirements
16 by participating in Welfare-To-Work activities with a goal of
17 unsubsidized employment leading to self-sufficiency.
18 3.27 WTW Activities: Allowable activities to which a WTW
19 participant may be assigned, as specified in the Welfare and
20 Institutions Code and the Orange County CalWORKs Plan.
21 3.28 Welfare-To-Work (WTW) Case Manager: An employee of
22 ADMINISTRATOR or other COUNTY contractor who provides case
23 management services to ongoing program participants.
24 3.29 Welfare-to-Work (WTW) Plan: The plan developed by WTW
25 Case Manager that is developed to lead a participant to self-
26 sufficiency.
27 3.30 Work-Participation: The number of hours per week a
28 participant is required to engage in WTW activities, based on
29
(WAA0109) (April 1, 2009)
Page 8 of 42
30
1 Federal and State requirements.
2 4. STATUS OF CONTRACTOR
3 CONTRACTOR is and shall at all times be deemed to be, an
4 independent CONTRACTOR and shall be wholly responsible for the
5 manner in which it performs the services required of it by the
6 terms of this Agreement. Nothing herein contained shall be
7 construed as creating the relationship of employer and employee,
8 or principal and agent, between COUNTY and CONTRACTOR or any of
9 CONTRACTOR's agents or employees. CONTRACTOR assumes
10 exclusively the responsibility for the acts of its employees or
11 agents as they relate to services to be provided during the
12 course and scope of their employment.
13 CONTRACTOR, its agents, employees and volunteers, shall not
14 be entitled to any rights and/or privileges of COUNTY employees,
15 and shall not be considered in any manner to be COUNTY
16 employees.
17 5. DESCRIPTION OF SERVICES, STAFFING
18 5.1 CONTRACTOR agrees to provide those services,
19 facilities, equipment and supplies as described in the exhibits
20 to the Agreement Between County of Orange and ARBOR E & T, LLC,
21 for the Provision of Job Services and Employment Support
22 Services, attached hereto and incorporated herein by reference:
23 Exhibit “A” relating to Job Services, Exhibit “B” relating to
24 Employment Support Services and Exhibit “C” relating to Service
25 Conditions. CONTRACTOR shall operate continuously throughout the
26 term of this Agreement with the number and type of staff
27 described and as required for provision of services hereunder
28 pursuant to the personnel disclosure provisions of this
29
(WAA0109) (April 1, 2009)
Page 9 of 42
30
1 Agreement.
2 5.2 Subject to thirty (30) days advance notice,
3 ADMINISTRATOR may, in its sole discretion, require changes in
4 staffing patterns in accordance with workload demands related to
5 the number of clients to be served, without changing COUNTY’s
6 maximum obligation as set forth in this Agreement.
7 5.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall
8 send appropriate staff to attend an orientation session and
9 subsequent training sessions given by COUNTY.
10 6. LICENSES AND STANDARDS
11 6.1 CONTRACTOR warrants that it has all necessary licenses
12 and permits required by the laws of the United States, State of
13 California, County of Orange and all other appropriate
14 governmental agencies, and agrees to maintain these licenses and
15 permits in effect for the duration of this Agreement. Further,
16 CONTRACTOR warrants that its employees shall conduct themselves
17 in compliance with such laws and licensure requirements
18 including, without limitation, compliance with laws applicable
19 to sexual harassment and ethical behavior.
20 6.2 In the performance of this Agreement, CONTRACTOR shall
21 comply, unless waived in whole or in part by ADMINISTRATOR, with
22 all applicable provisions of the California Welfare and
23 Institutions Code (WIC); Title 45 of the Code of Federal
24 Regulations (CFR); Federal Office of Management and Budget (OMB)
25 Circulars A-21, A-122, and A-87; 48 CFR 31.2; and all applicable
26 laws and regulations of the United States, State of California,
27 County of Orange Social Services Agency and all administrative
28 regulations, rules and policies adopted thereunder as each and
29
(WAA0109) (April 1, 2009)
Page 10 of 42
30
1 all may now exist or be hereafter amended.
2 7. DELEGATION AND ASSIGNMENT/SUBCONTRACTS
3 7.1 Delegation and Assignment:
4 CONTRACTOR shall neither delegate its duties or
5 obligations nor assign its rights with respect to this
6 Agreement, either in whole or in part. Any such attempted
7 delegation or assignment shall be void. The transfer of assets
8 in excess of ten (10) percent of the total assets of CONTRACTOR,
9 or any change in the corporate structure, the governing body, or
10 the management of CONTRACTOR, which occurs as a result of such
11 transfer, shall be deemed an assignment of benefits under the
12 terms of this Agreement and shall be void.
13 7.2 Subcontracts:
14 CONTRACTOR shall not subcontract for services under
15 this Agreement without the prior written consent of
16 ADMINISTRATOR. If ADMINISTRATOR consents in writing to a
17 subcontract, in no event shall the subcontract alter, in any
18 way, any legal responsibility of CONTRACTOR to COUNTY. All
19 subcontracts must be in writing and copies of same shall be
20 provided to ADMINISTRATOR. CONTRACTOR shall include in each
21 subcontract any provision ADMINISTRATOR may require.
22 7.2.1 Subcontracts of $10,000 or less:
23 CONTRACTOR shall develop a standard form
24 Purchase Order, subject to prior written approval of
25 ADMINISTRATOR, to be utilized for the purchase of services by
26 CONTRACTOR when the cumulative total cost of the services to be
27 provided by any organization is anticipated to be ten thousand
28 dollars ($10,000) or less during the term of this Agreement.
29
(WAA0109) (April 1, 2009)
Page 11 of 42
30
1 The basis for costs incurred by any such Purchase Order(s) shall
2 be the actual cost of providing services or the usual and
3 customary charges established by the organization(s) providing
4 the services.
5 7.2.2 Subcontracts in excess of $10,000:
6 CONTRACTOR shall develop and submit for approval
7 to ADMINISTRATOR a system for the procurement of subcontracts
8 with any organization in which the total cumulative cost of
9 services provided by any single organization is anticipated to
10 exceed ten thousand dollars ($10,000) during the term of this
11 Agreement. CONTRACTOR’s proposed procurement system shall take
12 into consideration such factors as: degree of price
13 competition; pricing policies and techniques; experience and
14 quality of service; methods of evaluating subcontractor
15 responsibility; relationship of subcontractor to CONTRACTOR;
16 planning, award, and postaward management of subcontracts,
17 including internal audit procedures and monitoring of
18 subcontractor’s performance until completion of services.
19 Upon ADMINISTRATOR’s approval of CONTRACTOR’s
20 proposed procurement system, CONTRACTOR shall comply with such
21 procurement system in obtaining subcontracts with a total cost
22 in excess of ten thousand dollars ($10,000) during the term of
23 this Agreement. In addition, CONTRACTOR shall obtain
24 ADMINISTRATOR’s written consent prior to entering into a
25 subcontract with any organization when the total cumulative cost
26 of services to be provided by that organization is anticipated
27 to exceed ten thousand dollars ($10,000) during the term of this
28 Agreement.
29
(WAA0109) (April 1, 2009)
Page 12 of 42
30
1 CONTRACTOR and its subcontractor(s) shall
2 establish and maintain accurate and complete financial records
3 related to services provided under the terms of this Agreement.
4 Such records may be subject to the satisfaction of
5 ADMINISTRATOR, and to the examination and audit by ADMINISTRATOR
6 or designee, for a period of five (5) years after the date of
7 final payment under this Agreement, or until any pending audit
8 is completed.
9 8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE
10 8.1 Form of Business Organization:
11 Upon the request of ADMINISTRATOR, CONTRACTOR shall
12 prepare and submit, within thirty (30) days thereafter, an
13 affidavit executed by persons satisfactory to ADMINISTRATOR
14 containing, but not limited to, the following information:
15 8.1.1 The form of CONTRACTOR's business organization,
16 i.e., proprietorship, partnership, corporation, etc.
17 8.1.2 A detailed statement indicating the relationship
18 of CONTRACTOR, by way of ownership or otherwise, to any parent
19 organization or individual.
20 8.1.3 A detailed statement indicating the relationship
21 of CONTRACTOR to any subsidiary business organization or to any
22 individual who may be providing services, supplies, material or
23 equipment to CONTRACTOR or in any manner does business with
24 CONTRACTOR under this Agreement.
25 8.2 Change in Form of Business Organization:
26 If during the term of this Agreement, the form of
27 CONTRACTOR's business organization changes, or the ownership of
28 CONTRACTOR changes, or CONTRACTOR's relationship to other
29
(WAA0109) (April 1, 2009)
Page 13 of 42
30
1 businesses dealing with CONTRACTOR under this Agreement changes,
2 CONTRACTOR shall promptly notify ADMINISTRATOR, in writing,
3 detailing such changes. A change in the form of business
4 organization may, at ADMINISTRATOR's sole discretion, be treated
5 as an attempted assignment of rights or delegation of duties of
6 this Agreement.
7 8.3 Real Property Disclosure:
8 If CONTRACTOR is occupying any real property under any
9 agreement, oral or written, where persons are to receive
10 services hereunder, CONTRACTOR may be required to submit the
11 following information in addition to a copy of the lease,
12 license or rental agreement, as well as any other information
13 requested, within ten (10) days from the date of the request by
14 ADMINISTRATOR:
15 8.3.1 The location by street address and city of any
16 such real property.
17 8.3.2 The fair market value of any such real property
18 as such value is reflected on the most recently issued County
19 Tax Collector's tax bill.
20 8.3.3 A detailed description of all existing and
21 pending agreements, with respect to the use or occupation of any
22 such real property. Such description shall include, but not be
23 limited to:
24 8.3.3.1 The term duration of any rental
25 agreement, lease or sublease;
26 8.3.3.2 The amount of monetary consideration to
27 be paid to the lessor, sublessor or licensor over the term of
28 the rental agreement, lease, or sublease;
29
(WAA0109) (April 1, 2009)
Page 14 of 42
30
1 8.3.3.3 The type and dollar value of any other
2 consideration to be paid to the lessor, sublessor or licensor;
3 8.3.3.4 The full names and addresses of all
4 parties to any agreement concerning the real property and a
5 listing of liens (if any) thereof, together with a listing by
6 full names and addresses of all officers, directors and
7 stockholders of any private corporation and a similar listing of
8 all general and limited partners of any partnership which is a
9 party.
10 8.3.4 A listing by full names of all of CONTRACTOR's
11 officers, directors and/or partners, members of its
12 administrative and advisory boards, staff and consultants, who
13 have any family relationship by marriage or blood with a party
14 to any agreement concerning real property referred to in
15 Subparagraph 8.3.3, immediately above, or who have any present
16 or future financial interest in such person's business, whether
17 the entity concerned is a corporation or partnership. Such
18 listing shall also include the full names of all of CONTRACTOR's
19 officers, directors, partners and those holding a financial
20 interest. Included are members of its advisory boards, members
21 of its staff and consultants, who have any family relationship
22 by marriage or blood, to an officer, director, or stockholder of
23 the corporation or to any partner of the partnership. In
24 preparing the latter listing, CONTRACTOR shall also indicate the
25 names of the officers, directors, stockholders, or partner(s),
26 as appropriate, and the family relationship which exists between
27 such person(s) and CONTRACTOR's representatives listed.
28 8.3.5 True and correct copies of all agreements with
29
(WAA0109) (April 1, 2009)
Page 15 of 42
30
1 respect to any such real property shall be appended to the
2 affidavit described above and made a part thereof. If, during
3 the term of this Agreement, there is a change in the
4 agreement(s) with respect to real property where persons receive
5 services, CONTRACTOR shall promptly notify ADMINISTRATOR, in
6 writing, describing such changes.
7 9. USE OF COUNTY PROPERTY
8 9.1 COUNTY intends to permit CONTRACTOR the rent-free use
9 of office space, office furniture, and office equipment located
10 in any and all offices and COUNTY facilities at which CONTRACTOR
11 shall be collocated with COUNTY staff pursuant to this
12 Agreement, as is more particularly set forth in that certain
13 sublease described in Subparagraph 9.2, below. As stated in the
14 sublease, said office space, office furniture, and equipment
15 shall be used solely by employees of CONTRACTOR while performing
16 their assigned duties pursuant to this Agreement.
17 9.2 CONTRACTOR shall enter into a rent-free sublease with
18 ADMINISTRATOR for facilities provided by ADMINISTRATOR and shall
19 execute all terms and conditions of said agreement upon
20 ADMINISTRATOR’s presentation of said document to CONTRACTOR.
21 Failure to execute the sublease will result in a breach of this
22 Agreement.
23 10. NON-DISCRIMINATION
24 10.1.1 In the performance of this Agreement, CONTRACTOR
25 agrees that it shall not engage nor employ any unlawful
26 discriminatory practices in the admission of clients, provision
27 of services or benefits, assignment of accommodations,
28 treatment, evaluation, employment of personnel or in any other
29
(WAA0109) (April 1, 2009)
Page 16 of 42
30
1 respect on the basis of sex, race, color, ethnicity, national
2 origin, ancestry, religion, age, marital status, medical
3 condition, sexual orientation, sexual preference, physical or
4 mental disability or any other protected group in accordance
5 with the requirements of all applicable Federal or State law.
6 Notices describing the provisions of the equal opportunity
7 clause shall be posted in a conspicuous place for employees and
8 job applicants.
9 10.2 CONTRACTOR shall develop an Affirmative Action Program
10 Plan which meets the lawful and applicable requirements of the
11 Department of Health and Human Services.
12 10.3 CONTRACTOR shall furnish any and all information
13 requested by ADMINISTRATOR and shall permit ADMINISTRATOR
14 access, during business hours, to books, records and accounts in
15 order to ascertain CONTRACTOR's compliance with Paragraph 10 et
16 seq.
17 10.4 CONTRACTOR shall comply with Executive Order 11246,
18 entitled “Equal Employment Opportunity,” as amended by Executive
19 Order 11375 and as supplemented in Department of Labor
20 regulations (41 CFR Part 60).
21 10.5 Non-Discrimination in Employment
22 10.5.1 All solicitations or advertisements for
23 employees placed by or on behalf of CONTRACTOR shall state that
24 all qualified applicants will receive consideration for
25 employment without regard to sex, race, color, ethnicity,
26 national origin, ancestry, religion, age, marital status,
27 medical condition, sexual orientation, sexual preference,
28 physical or mental disability or any other protected group in
29
(WAA0109) (April 1, 2009)
Page 17 of 42
30
1 accordance with the requirements of all applicable Federal or
2 State law. Notices describing the provisions of the equal
3 opportunity clause shall be posted in a conspicuous place for
4 employees and job applicants.
5 10.5.2 CONTRACTOR shall refer any and all employees
6 desirous of filing a formal discrimination complaint to:
7 California Department of Social Services
8 Public Inquiry and Response Bureau
9 P.O. Box 944243, M.S. 8-3-23
10 Sacramento, California 94244-2430
11 Telephone: 1-800-952-5253
12 1-800-952-8349 (For the hard of hearing)
13 10.6 Non-Discrimination in Service Delivery
14 10.6.1 CONTRACTOR shall comply with Title VI and VII of
15 the Civil Rights Act of 1964, as amended; Section 504 of the
16 Rehabilitation Act of 1973, as amended; the Age Discrimination
17 Act of 1975, as amended; the Food Stamp Act of 1977, as amended,
18 and in particular Section 272.6; Title II of the Americans with
19 Disabilities Act of 1990; California Civil Code Section 51 et
20 seq., as amended; California Government Code Sections 11135-
21 11139.5, as amended; California Government Code Section 12940
22 (c), (h) (1), (i), and (j); California Government Code Section
23 4450; Title 22, California Code of Regulations Sections 98000-
24 98413; Title 24, California Code of Regulations, Section
25 3105A(e); the Dymally-Allatorre Bilingual Services Act
26 (California Government Code Section 7290-7299.8); Section 1808
27 of the Removal of Barriers to Interethnic Adoption Act of 1996;
28 and other applicable Federal and State laws, as well as their
29
(WAA0109) (April 1, 2009)
Page 18 of 42
30
1 implementing regulations (including 45 Code of Federal
2 Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28
3 CFR Part 42), and any other law pertaining to Equal Employment
4 Opportunity, Affirmative Action and Nondiscrimination as each
5 may now exist or be hereafter amended. CONTRACTOR shall not
6 implement any administrative methods or procedures which would
7 have a discriminatory effect or which would violate the
8 California Department of Social Services (CDSS) Manual of
9 Policies and Procedures (MPP) Division 21, Chapter 21-100. If
10 there are any violations of this Paragraph, CDSS shall have the
11 right to invoke fiscal sanctions or other legal remedies in
12 accordance with Welfare and Institutions Code Section 10605, or
13 Government Code Sections 11135-11139.5, or any other laws, or
14 the issue may be referred to the appropriate Federal agency for
15 further compliance action and enforcement of Subparagraph 10.6
16 et seq.
17 10.6.2 CONTRACTOR shall provide any and all clients
18 desirous of filing a formal complaint any and all information as
19 appropriate:
20 10.6.2.1 Pamphlet: “Your Rights Under California
21 Welfare Programs (PUB 13)
22 10.6.2.2 Discrimination Complaint Form
23 10.6.2.3 Civil Rights Contacts:
24 County Civil Rights Contact:
25 Orange County Social Services Agency
26 Program Integrity
27 401 S. Tustin Avenue
28 Orange, CA 92866-2503
29
(WAA0109) (April 1, 2009)
Page 19 of 42
30
1 Attn: Civil Rights Coordinator
2 Telephone: (714) 480-6501
3 State Civil Rights Contact:
4 California Department of Social
5 Services
6 Civil Rights Bureau
7 P.O. Box 944243, M.S. 8-16-70
8 Sacramento, CA 94244-2430
9 Federal Civil Rights Contact:
10 U.S. Department of Health and Human
11 Services
12 Office of Civil Rights
13 50 U.N. Plaza, Room 322
14 San Francisco, CA 94102
15 11. NOTICES
16 All notices, claims, correspondence, reports, and/or
17 statements authorized or required by this Agreement shall be
18 addressed as follows:
19 COUNTY: County of Orange Social Services Agency
Contract Services
20 888 N. Main Street
Santa Ana, CA 92701
21
CONTRACTOR: Arbor E & T, LLC
22 100 S. Anaheim Blvd., Suite 220
Anaheim, CA 92805
23
All notices shall be deemed effective when in writing and
24
deposited in the United States mail, first class, postage
25
prepaid and addressed as above. Any notices, claims,
26
correspondence, reports and/or statements authorized or required
27
by this Agreement addressed in any other fashion shall be deemed
28
29
(WAA0109) (April 1, 2009)
Page 20 of 42
30
1 not given. ADMINISTRATOR and CONTRACTOR may mutually agree in
2 writing to change the addresses to which notices are sent.
3 12. INDEMNIFICATION AND INSURANCE
4 12.1 CONTRACTOR agrees to indemnify, defend with counsel
5 approved in writing by COUNTY, and hold Department of Health and
6 Human Services, the State, COUNTY, and their elected and
7 appointed officials, officers, employees, agents and those
8 special districts and agencies which COUNTY’s Board of
9 Supervisors acts as the governing Board (“COUNTY INDEMNITEES”)
10 harmless from any claims, demands or liability of any kind or
11 nature, including but not limited to personal injury or property
12 damage, arising from or related to the services, products or
13 other performance provided by CONTRACTOR pursuant to this
14 Agreement. If judgment is entered against CONTRACTOR and COUNTY
15 by a court of competent jurisdiction because of the concurrent
16 active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR
17 and COUNTY agree that liability will be apportioned as
18 determined by the court. Neither party shall request a jury
19 apportionment.
20 12.2 Without limiting CONTRACTOR's liability for
21 indemnification, prior to the provision of services under this
22 Agreement, CONTRACTOR agrees to purchase all required insurance
23 at CONTRACTOR’s expense and to deposit with ADMINISTRATOR
24 Certificates of Insurance, including all endorsements required
25 herein, necessary to satisfy COUNTY that the insurance
26 provisions of this Agreement have been complied with and to keep
27 such insurance coverage and the certificates therefore on
28 deposit with ADMINISTRATOR during the entire term of this
29
(WAA0109) (April 1, 2009)
Page 21 of 42
30
1 Agreement, and beyond, as set forth herein.
2 12.3 CONTRACTOR shall ensure that all subcontractors
3 performing work on behalf of CONTRACTOR pursuant to this
4 Agreement shall be covered under CONTRACTOR's insurance as an
5 additional insured or maintain insurance subject to the same
6 terms and conditions as set forth herein for CONTRACTOR.
7 CONTRACTOR shall not allow subcontractors to work if
8 subcontractors have less than the level of coverage required by
9 COUNTY from CONTRACTOR under this Agreement. It is the
10 obligation of CONTRACTOR to provide notice of the insurance
11 requirements to every subcontractor, and to receive proof of
12 insurance prior to allowing any subcontractor to begin work.
13 Such proof of insurance must be maintained by CONTRACTOR through
14 the entirety of this Agreement for inspection by COUNTY
15 representative(s) at any reasonable time.
16 12.4 All insurance policies required by this Agreement
17 shall declare any deductible or self-insured retention (SIR) in
18 an amount in excess of $25,000 ($5,000 for automobile
19 liability), which shall specifically be approved by the County
20 Executive Office (CEO)/Office of Risk Management. CONTRACTOR
21 shall be responsible for reimbursement of any deductible to the
22 insurer. Any self-insured retentions (SIRs) or deductibles
23 shall be clearly stated on the Certificate of Insurance.
24 12.5 If CONTRACTOR fails to maintain insurance acceptable
25 to COUNTY for the full term of this Agreement, COUNTY may
26 terminate this Agreement.
27 12.6 The policy or policies of insurance required herein
28 must be issued by an insurer licensed to do business in the
29
(WAA0109) (April 1, 2009)
Page 22 of 42
30
1 State of California (California Admitted Carrier). If the
2 insurer is not licensed to do business in the State of
3 California, ADMINISTRATOR retains the right to approve or reject
4 the insurer after a review of the insurer's performance and
5 financial ratings by the County Executive Office (CEO)/Office of
6 Risk Management.
7 12.7 The policy or policies of insurance required herein
8 must be issued by an insurer with a minimum rating of “A-
9 (Secure Best’s Rating)“ and a minimum financial rating of “VIII
10 (Financial Size Category),” as determined by the most current
11 edition of the Best's Key Rating Guide/Property-Casualty/United
12 States or by going on-line to “ambest.com.”
13 12.8 The policy or polices of insurance maintained by
14 CONTRACTOR shall provide the minimum limits and coverage as set
15 forth below:
16 Coverage Minimum Limits
17 Annual
Per Occurrence
18 Aggregate
19 Commercial General Liability
20 with broad form property damage $1,000,000 $2,000,000
21 and contractual liability
22 Automobile Liability (covering
23 all owned, non-owned and hired $1,000,000 $1,000,000
24 vehicles)
25 Workers' Compensation Statutory Statutory
26 Employer's Liability $1,000,000 $1,000,000
27 Sexual Misconduct Liability $1,000,000 $1,000,000
28 Professional Liability $1,000,000 $1,000,000
29
(WAA0109) (April 1, 2009)
Page 23 of 42
30
1 12.9 All liability insurance, except Professional
2 Liability, required by this Agreement shall be at least
3 $1,000,000 combined single limit per occurrence. Professional
4 Liability may also be provided on a “Claims Made” basis. The
5 minimum aggregate limit for the Commercial General Liability
6 policy shall be $2,000,000.
7 12.10 The County of Orange shall be added as an
8 additional insured on all insurance policies required by this
9 Agreement with respect to the services provided by CONTRACTOR
10 under the terms of this Agreement (except Workers'
11 Compensation/Employers' Liability and Professional Liability).
12 An additional insured endorsement evidencing that the County of
13 Orange is an additional insured shall accompany the Certificate
14 of Insurance.
15 12.11 All insurance policies required by this Agreement
16 shall be primary insurance, and any insurance maintained by
17 COUNTY shall be excess and non-contributing with insurance
18 provided by these policies. An endorsement evidencing that
19 CONTRACTOR's insurance is primary and non-contributing shall
20 specifically accompany the Certificate of Insurance for the
21 Commercial General Liability and Sexual Misconduct Liability.
22 12.12 All insurance policies required by this Agreement
23 shall give COUNTY thirty (30) days notice in the event of
24 cancellation. This shall be evidenced by an endorsement
25 separate from the Certificate of Insurance. In addition, the
26 cancellation clause must include language as follows, which
27 edits the pre-printed ACORD certificate:
28 “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
29
(WAA0109) (April 1, 2009)
Page 24 of 42
30
1 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
2 ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
3 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
4 THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL
5 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
6 UPON THE COMPANY, ITS AGENT OR REPRESENTATIVE.”
7 12.13 All insurance policies required by this Agreement
8 shall waive all rights of subrogation against COUNTY and members
9 of the Board of Supervisors, its elected and appointed
10 officials, officers, agents and employees when acting within the
11 scope of their appointment or employment.
12 12.14 If CONTRACTOR's Professional Liability policy is
13 a "claims made" policy, CONTRACTOR shall agree to maintain
14 professional liability coverage for two (2) years following
15 completion of this Agreement.
16 12.15 The Commercial General Liability policy shall
17 contain a severability of interests clause.
18 12.16 CONTRACTOR is aware of the provisions of Section
19 3700 of the California Labor Code which requires every employer
20 to be insured against liability for Workers' Compensation or be
21 self-insured in accordance with provisions of that code.
22 CONTRACTOR shall comply with such provisions and shall furnish
23 COUNTY satisfactory evidence that CONTRACTOR has secured, for
24 the period of this Agreement, statutory Workers' Compensation
25 insurance and Employers' Liability insurance with minimum limits
26 of $1,000,000 per occurrence.
27 12.17 If CONTRACTOR fails to provide the insurance
28 certificates and endorsements within seven (7) days of
29
(WAA0109) (April 1, 2009)
Page 25 of 42
30
1 notification by County Procurement Office or ADMINISTRATOR,
2 award may be made to the next qualified proponent.
3 12.18 COUNTY expressly retains the right to require
4 CONTRACTOR to increase or decrease insurance of any of the above
5 insurance types throughout the term of this Agreement. Any
6 increase or decrease in insurance will be as deemed by County of
7 Orange Risk Manager as appropriate to adequately protect COUNTY.
8 12.19 COUNTY shall notify CONTRACTOR in writing of
9 changes in the insurance requirements. If CONTRACTOR does not
10 deposit copies of acceptable certificates of insurance and
11 endorsements with ADMINISTRATOR incorporating such changes
12 within thirty (30) days of receipt of such notice, this
13 Agreement may be in breach without further notice to CONTRACTOR,
14 and COUNTY shall be entitled to all legal remedies.
15 12.20 The procuring of such required policy or policies
16 of insurance shall not be construed to limit CONTRACTOR’s
17 liability hereunder nor to fulfill the indemnification
18 provisions and requirements of this Agreement.
19 12.21 The County of Orange Certificate of Insurance and
20 the Special Endorsement for the County of Orange can be utilized
21 to verify compliance with the above-mentioned insurance
22 requirements in place of commercial insurance certificates and
23 endorsements.
24 13. CONFLICT OF INTEREST
25 CONTRACTOR shall exercise reasonable care and diligence to
26 prevent any actions or conditions that could result in a
27 conflict with the best interests of COUNTY. This obligation
28 shall apply to CONTRACTOR’s employees, agents, relatives,
29
(WAA0109) (April 1, 2009)
Page 26 of 42
30
1 subcontractors, and third parties associated with accomplishing
2 the work hereunder.
3 CONTRACTOR’s efforts shall include, but not be limited to,
4 establishing precautions to prevent its employees or agents from
5 making, receiving, providing, or offering gifts, entertainment,
6 payments, loans, or other considerations which could be deemed
7 to appear to influence individuals to act contrary to the best
8 interests of COUNTY.
9 14. ANTI-PROSELYTISM PROVISION
10 No funds provided directly to institutions or organizations
11 to provide services and administer programs under 42 U.S.C.
12 Section 604(a)(1)(A) shall be expended for sectarian worship,
13 instruction, or proselytization, except as otherwise permitted
14 by law.
15 15. SUPPLANTING GOVERNMENT FUNDS
16 CONTRACTOR shall not supplant any Federal, State or COUNTY
17 funds intended for the purposes of this Agreement with any funds
18 made available under this Agreement. CONTRACTOR shall not claim
19 reimbursement from COUNTY for, or apply sums received from
20 COUNTY with respect to, that portion of its obligations which
21 have been paid by another source of revenue. CONTRACTOR agrees
22 that it shall not use funds received pursuant to this Agreement,
23 either directly or indirectly, as a contribution or compensation
24 for purposes of obtaining Federal, State or COUNTY funds under
25 any Federal, State or COUNTY program without prior written
26 approval of ADMINISTRATOR.
27 ///
28
29
(WAA0109) (April 1, 2009)
Page 27 of 42
30
1 16. EQUIPMENT
2 16.1 All items purchased with funds provided under this
3 Agreement or which are furnished to CONTRACTOR by COUNTY which
4 have a single unit cost of at least five thousand dollars
5 ($5,000.00), including sales tax, shall be considered Capital
6 Equipment. Title to all items of Capital Equipment purchased
7 vests and will remain in COUNTY as such shall be designated by
8 ADMINISTRATOR. The use of such items of Capital Equipment is
9 limited to the performance of this Agreement. Upon the
10 termination of this Agreement, CONTRACTOR shall immediately
11 return any items of Capital Equipment to COUNTY or its
12 representatives, or dispose of them in accordance with the
13 directions of ADMINISTRATOR.
14 CONTRACTOR further agrees to the following:
15 16.1.1 To maintain all items of Capital Equipment in
16 good working order and condition, normal wear and tear excepted.
17 16.1.2 To label all items of Capital Equipment, do
18 periodic inventories as required by ADMINISTRATOR and to
19 maintain an inventory list showing where and how the Capital
20 Equipment is being used, in accordance with procedures developed
21 by ADMINISTRATOR. All such lists shall be submitted to
22 ADMINISTRATOR within ten (10) days of any request therefore.
23 16.1.3 To report in writing to ADMINISTRATOR
24 immediately after discovery, the loss or theft of any items of
25 Capital Equipment. For stolen items, the local law enforcement
26 agency must be contacted and a copy of the police report
27 submitted to ADMINISTRATOR.
28 16.1.4 To purchase a policy or policies of insurance
29
(WAA0109) (April 1, 2009)
Page 28 of 42
30
1 covering loss or damage to any and all Capital Equipment
2 purchased under this Agreement, in the amount of the full
3 replacement value thereof, providing protection against the
4 classification of fire, extended coverage, vandalism, malicious
5 mischief and special extended perils (all risks) covering the
6 parties' interests as they appear.
7 16.2 The purchase of any Capital Equipment by CONTRACTOR
8 shall be requested in writing, shall require the prior written
9 approval of ADMINISTRATOR, and shall fulfill the provisions of
10 this Agreement which are appropriate and directly related to
11 CONTRACTOR's service or activity under the terms of the
12 Agreement. COUNTY may refuse reimbursement for any costs
13 resulting from Capital Equipment purchased, which are incurred
14 by CONTRACTOR, if prior written approval has not been obtained
15 from ADMINISTRATOR.
16 16.3 No personal computers or any component thereof may be
17 purchased with funds provided under this Agreement, regardless
18 of purchase price, without prior written approval of
19 ADMINISTRATOR. Any personal computers or any component thereof
20 purchased shall be in accordance with computer specifications
21 provided by ADMINISTRATOR, be subject to the same inventory
22 control conditions specified in Subparagraphs 16.1.1 to 16.1.4
23 and, at the sole discretion of ADMINISTRATOR, become the
24 property of COUNTY upon termination of this Agreement.
25 17. BREACH SANCTIONS
26 Failure by CONTRACTOR to comply with any of the provisions,
27 covenants, or conditions of this Agreement shall be a material
28 breach of this Agreement. In such event ADMINISTRATOR may, in
29
(WAA0109) (April 1, 2009)
Page 29 of 42
30
1 its sole discretion, and in addition to immediate termination
2 and any other remedies available at law, in equity, or otherwise
3 specified in this Agreement:
4 17.1 Afford CONTRACTOR a time period within which to cure
5 the breach, which period shall be established at the sole
6 discretion of ADMINISTRATOR; and/or
7 17.2 Discontinue reimbursement to CONTRACTOR for and during
8 the period in which CONTRACTOR is in breach, which reimbursement
9 shall not be entitled to later recovery; and/or
10 17.3 Offset against any monies billed by CONTRACTOR but yet
11 unpaid by COUNTY those monies disallowed pursuant to
12 Subparagraph 17.2, above.
13 ADMINISTRATOR will give CONTRACTOR written notice of
14 any action pursuant to this Paragraph, which notice shall be
15 deemed served on the date of mailing.
16 18. PAYMENTS
17 18.1 Maximum Contractual Obligation:
18 The maximum obligation of COUNTY under this Agreement
19 shall be $8,404,491, or actual allowable costs, whichever is less.
20 18.2 Allowable Costs:
21 During the term of this Agreement, COUNTY shall pay
22 CONTRACTOR monthly in arrears, for actual allowable costs
23 incurred and paid by CONTRACTOR pursuant to this Agreement, as
24 defined in 48 CFR 31.2 or as approved by ADMINISTRATOR.
25 However, COUNTY, in it sole discretion, may pay CONTRACTOR for
26 anticipated allowable costs that will be incurred by CONTRACTOR
27 for June 2010, during the month of such anticipated expenditure.
28 18.3 CONTRACTOR’s Fee:
29
(WAA0109) (April 1, 2009)
Page 30 of 42
30
1 CONTRACTOR shall be paid a maximum fee of $1,422,369
2 as follows: twelve (12) payments of $118,530.75 each, for the
3 period July 1, 2009 through June 30, 2010; monthly in arrears,
4 for each month or any portion thereof that this Agreement is in
5 effect. It is mutually understood that the fee specified in
6 this Paragraph shall fully compensate CONTRACTOR for general and
7 administrative and/or overhead costs, and/or any other indirect
8 costs and that any such costs not specified in Paragraph 17 of
9 Exhibit C to this Agreement at the time this Agreement is
10 entered into shall not be reimbursed under this Agreement.
11 18.4 Claims:
12 18.4.1 All claims must be submitted monthly by
13 CONTRACTOR on a form approved by ADMINISTRATOR. All claims
14 submitted to COUNTY must be supported with source documents
15 including, inter alia, a monthly statement of services, general
16 ledgers, supporting journals, time sheets, invoices, canceled
17 checks, receipts, and receiving records, some of which may be
18 required to be copied and submitted with each monthly invoice.
19 Source documents that CONTRACTOR must submit with each monthly
20 invoice shall be determined by ADMINISTRATOR and/or COUNTY's
21 Auditor-Controller. CONTRACTOR shall retain all financial
22 records in accordance with Paragraph 24 (Records, Inspections,
23 Audits) of this Agreement.
24 18.4.2 Payments should be released by COUNTY within a
25 reasonable time period of approximately thirty (30) days after
26 receipt of a correctly completed claim form and required
27 supporting documentation.
28 18.4.3 Final Claim/Settlement:
29
(WAA0109) (April 1, 2009)
Page 31 of 42
30
1 18.4.3.1 Any and all claims must be received by
2 ADMINISTRATOR no later than August 30, 2010 at 5:00 p.m., said
3 date being approximately sixty (60) days after termination of
4 this Agreement. Claims received after this date and time may
5 not be reimbursed. ADMINISTRATOR may, in its sole discretion,
6 modify the date upon which the final claim must be received,
7 upon notice to CONTRACTOR.
8 18.4.3.2 The basis for final settlement shall be
9 the actual allowable costs as defined in Title 45 of the Code of
10 Federal Regulations and 48 CFR 31.2, incurred and paid by
11 CONTRACTOR pursuant to this Agreement; limited, however, to the
12 maximum obligation of COUNTY. In the event that any overpayment
13 has been made, COUNTY may offset the amount of the overpayment
14 against the final payment. In the event overpayment exceeds the
15 final payment, CONTRACTOR shall pay COUNTY all such sums within
16 five (5) days of notice from COUNTY. Nothing herein shall be
17 construed as limiting the remedies of COUNTY in the event an
18 overpayment has been made.
19 19. OVERPAYMENTS
20 Any payment(s) made by COUNTY to CONTRACTOR in excess of
21 that to which CONTRACTOR is entitled under this Agreement shall
22 be repaid to COUNTY, in accordance with any applicable
23 regulations and/or policies in effect during the term of this
24 Agreement, or as established by COUNTY procedure. Any
25 overpayments made by COUNTY which result from a payment by any
26 other funding source shall be repaid, at the discretion of
27 ADMINISTRATOR, to COUNTY or the funding source. Unless earlier
28 repaid, CONTRACTOR shall make repayment within thirty (30) days
29
(WAA0109) (April 1, 2009)
Page 32 of 42
30
1 after the date of the final audit findings report, and prior to
2 any administrative appeal process. In the event an overpayment
3 owing by CONTRACTOR is collected from COUNTY by the funding
4 source, then CONTRACTOR shall reimburse COUNTY within thirty
5 (30) days thereafter, and prior to any administrative appeal
6 process. CONTRACTOR agrees to pay all costs incurred by COUNTY
7 necessary to enforce the provisions set forth in this Paragraph.
8 20. REVENUE
9 Whenever CONTRACTOR receives any money specifically
10 designated for use in programs funded through this Agreement,
11 such monies shall be considered to be a cost off-set and treated
12 as a reduction against the amount claimed by CONTRACTOR. except
13 for Program Income as defined in 45 CFR, Section 92.25 as that
14 section currently exists or may be hereafter amended. The
15 procedure for designating money as Program Income is set forth
16 in Paragraph 21 of this Agreement.
17 21. PROGRAM INCOME
18 It is mutually understood that the State or Federal agency
19 responsible for providing the funding for this Agreement may
20 designate certain revenue of CONTRACTOR as Program Income. To
21 be designated as Program Income and, therefore, as other than a
22 cost off-set, CONTRACTOR shall do all of the following:
23 21.1 Submit a plan to ADMINISTRATOR for the use of any and
24 all proposed Program Income;
25 21.2 Set up and maintain a separate bank account for any
26 proposed Program Income and account for any and all such income
27 received; and
28 21.3 Report to ADMINISTRATOR any and all Program Income
29
(WAA0109) (April 1, 2009)
Page 33 of 42
30
1 received no later than thirty (30) days from the date of
2 receipt; record the amount received on internal financial
3 records; and indicate the amount received on the monthly claim
4 submitted to ADMINISTRATOR.
5 21.4 ADMINISTRATOR will then forward the plan for the
6 requested use of the proposed Program Income to the appropriate
7 State and/or Federal agencies for approval.
8 21.5 CONTRACTOR shall not spend any of the proposed Program
9 Income unless or until such time as ADMINISTRATOR obtains
10 authorization for the use of the Program Income from the
11 responsible State and/or Federal agency and provides CONTRACTOR
12 with prior written approval for the use of the funds.
13 21.6 ADMINISTRATOR may, in its sole discretion, issue
14 future policy statements and/or instructions with respect to
15 Program Income. CONTRACTOR shall immediately comply with such
16 policy statements and/or instructions.
17 22. FINAL REPORT
18 CONTRACTOR shall complete and submit to ADMINISTRATOR a
19 final report within sixty (60) days after the termination of
20 this Agreement, which shall summarize the activities and
21 services provided by CONTRACTOR during the term of this
22 Agreement. CONTRACTOR and ADMINISTRATOR may mutually agree in
23 writing to modify the date upon which the final report must be
24 submitted.
25 23. INDEPENDENT AUDIT
26 23.1 CONTRACTOR shall employ a licensed certified public
27 accountant who shall prepare and file with ADMINISTRATOR, a
28 compliance audit in accordance with the CDSS Manual of Policies
29
(WAA0109) (April 1, 2009)
Page 34 of 42
30
1 and Procedures Section 23-640.2. The audit must be performed in
2 accordance with Generally Accepted Government Auditing Standards
3 (GAGAS). CONTRACTOR shall cooperate with COUNTY, State and/or
4 Federal agencies to ensure that corrective action is taken
5 within six (6) months after issuance of all audit reports with
6 regard to audit exceptions.
7 23.2 CONTRACTOR agrees to provide ADMINISTRATOR with a copy
8 of its organization-wide audit for the periods ending June 30,
9 2010, within sixty (60) days after the end of each fiscal year
10 this Agreement remains in effect. Failure to comply with this
11 Paragraph shall be sufficient cause for ADMINISTRATOR, in its
12 sole discretion, to deny payment of any monies under this or any
13 other subsequent Agreement with CONTRACTOR until such time the
14 audit is received. ADMINISTRATOR may, in its sole discretion,
15 modify the date upon which the independent audit must be
16 received, upon notice to CONTRACTOR.
17 24. RECORDS, INSPECTIONS AND AUDITS
18 24.1 Financial Records:
19 24.1.1 CONTRACTOR shall prepare and maintain accurate
20 and complete financial records. Financial records shall be
21 retained, by CONTRACTOR, for a minimum of five (5) years from
22 the date of final payment under this Agreement or until all
23 pending ADMINISTRATOR, State and Federal audits are completed,
24 whichever is later.
25 24.1.2 CONTRACTOR shall establish and maintain
26 reasonable accounting, internal control and financial reporting
27 standards in conformity with generally accepted accounting
28 principles established by the American Institute of Certified
29
(WAA0109) (April 1, 2009)
Page 35 of 42
30
1 Public Accountants (AICPA) and to the satisfaction of
2 ADMINISTRATOR.
3 24.2 Client Records:
4 24.2.1 CONTRACTOR shall prepare and maintain accurate
5 and complete records of clients served, and dates and type of
6 services provided under the terms of this Agreement in a form
7 acceptable to ADMINISTRATOR.
8 24.2.2 All client records related to services provided
9 under the terms of this Agreement shall be retained by
10 CONTRACTOR for a minimum of five (5) years from the date of
11 final payment under this Agreement or until all pending COUNTY,
12 State and Federal audits are completed, whichever is later.
13 Notwithstanding anything to the contrary, upon termination of
14 this Agreement, CONTRACTOR shall relinquish control with respect
15 to client records to COUNTY in accordance with Subparagraph
16 40.2.
17 24.2.3 COUNTY may refuse payment for a claim if client
18 records are determined by COUNTY to be incomplete or inaccurate.
19 In the event client records are determined to be incomplete or
20 inaccurate after payment has been made, COUNTY may treat such
21 payment as an overpayment within the provisions of this
22 Agreement.
23 24.3 Public Records:
24 With the exception of client records or other records
25 referenced in Paragraph 29, entitled Confidentiality, all
26 records, including but not limited to, reports, audits, notices,
27 claims, statements and correspondence, required by this
28 agreement may be subject to public disclosure. COUNTY shall not
29
(WAA0109) (April 1, 2009)
Page 36 of 42
30
1 be liable for any such disclosure.
2 24.4 Inspections and Audits:
3 24.4.1 The Department of Health and Human Services,
4 Comptroller General of the United States, Director of the
5 California Department of Social Services, State Auditor-General,
6 ADMINISTRATOR, COUNTY’s Auditor-Controller and Internal Audit
7 Department, or any of their authorized representatives, shall
8 have access to any books, documents, papers and records,
9 including medical records, of CONTRACTOR which any of them may
10 determine to be pertinent to this Agreement for the purpose of
11 financial monitoring. Further, all the above mentioned persons
12 have the right at all reasonable times to inspect or otherwise
13 evaluate the work performed or being performed under this
14 Agreement and the premises in which it is being performed.
15 24.4.2 CONTRACTOR shall make available its books and
16 financial records within the borders of Orange County within ten
17 (10) days after receipt of written demand by ADMINISTRATOR.
18 24.4.3 In the event CONTRACTOR does not make available
19 its books and financial records within the borders of Orange
20 County, CONTRACTOR agrees to pay all necessary and reasonable
21 expenses incurred by COUNTY, or COUNTY's designee, necessary to
22 obtain CONTRACTOR's books and financial records.
23 CONTRACTOR shall pay to COUNTY the full amount of
24 COUNTY’s liability to the State or Federal government or any
25 agency thereof resulting from any disallowances or other audit
26 exceptions to the extent that such liability is attributable to
27 CONTRACTOR’s failure to perform under this Agreement.
28
29
(WAA0109) (April 1, 2009)
Page 37 of 42
30
1 25. PERSONNEL DISCLOSURE
2 25.1 CONTRACTOR shall make available to ADMINISTRATOR a
3 current list of all personnel providing services hereunder,
4 including resumes and job applications. Changes to the list will
5 be immediately provided to ADMINISTRATOR in writing, along with
6 a copy of a resume and/or job application. The list shall
7 include:
8 25.1.1 All full or part-time staff positions by title,
9 including volunteer positions whose direct services are required
10 to provide the programs described herein;
11 25.1.2 A brief description of the functions of each
12 position and the hours each person works each week, or for part-
13 time personnel each day or month, as appropriate;
14 25.1.3 The professional degree, if applicable, and
15 experience required for each position; and
16 25.1.4 The language skill, if applicable, for all
17 personnel.
18 25.2 Where authorized by law, CONTRACTOR shall conduct
19 criminal record background checks on all employees and/or
20 volunteers who will provide services under this Agreement.
21 25.3 CONTRACTOR warrants that all persons employed or
22 otherwise assigned by CONTRACTOR to provide services under this
23 Agreement have satisfactory past work records and/or reference
24 checks indicating their ability to perform the required duties
25 and accept the kind of responsibility anticipated under this
26 Agreement. CONTRACTOR shall maintain records of background
27 investigations and reference checks undertaken and coordinated
28 by CONTRACTOR for each employee and/or volunteer assigned to
29
(WAA0109) (April 1, 2009)
Page 38 of 42
30
1 provide services under this Agreement for a minimum of five (5)
2 years from the date of final payment under this Agreement or
3 until all pending County, State and Federal audits are
4 completed, whichever is later, in compliance with all applicable
5 laws.
6 25.4 CONTRACTOR shall immediately notify ADMINISTRATOR
7 concerning the arrest and/or subsequent conviction, for offenses
8 other than minor traffic offenses, of any paid employee and/or
9 volunteer staff performing services under this Agreement, when
10 such information becomes known to CONTRACTOR. ADMINISTRATOR, in
11 its sole discretion, may determine whether such employee and/or
12 volunteer may continue to provide services under this Agreement
13 and shall provide notice of such determination to CONTRACTOR in
14 writing. CONTRACTOR’s failure to comply with ADMINISTRATOR’s
15 decision shall be deemed a material breach of this Agreement,
16 pursuant to Paragraph 17, above.
17 26. EMPLOYMENT ELIGIBILITY VERIFICATION
18 As applicable, CONTRACTOR warrants that it fully complies
19 with all Federal and State statutes and regulations regarding
20 the employment of aliens and others and that all its employees
21 performing work under this Agreement meet the citizenship or
22 alien status requirement set forth in Federal statutes and
23 regulations. CONTRACTOR shall obtain, from all employees
24 performing work hereunder, all verification and other
25 documentation of employment eligibility status required by
26 Federal or State statutes and regulations including, but not
27 limited to, the Immigration Reform and Control Act of 1986, 8
28 U.S.C. §1324 et seq., as they currently exist and as they may be
29
(WAA0109) (April 1, 2009)
Page 39 of 42
30
1 hereafter amended. CONTRACTOR shall retain all such
2 documentation for all covered employees for the period
3 prescribed by the law. CONTRACTOR shall indemnify, defend with
4 counsel approved in writing by COUNTY, and hold harmless,
5 COUNTY, its agents, officers, and employees from employer
6 sanctions and any other liability which may be assessed against
7 CONTRACTOR or COUNTY or both in connection with any alleged
8 violation of any Federal or State statutes or regulations
9 pertaining to the eligibility for employment of any persons
10 performing work under this Agreement.
11 27. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS
12 In order to comply with child support enforcement
13 requirements of COUNTY, CONTRACTOR agrees to furnish to
14 ADMINISTRATOR within thirty (30) days of the award of this
15 Agreement:
16 (a) in the case of an individual contractor, his/her name,
17 date of birth, Social Security number, and residence
18 address;
19 (b) in the case of a contractor doing business in a form
20 other than as an individual, the name, date of birth,
21 Social Security number, and residence address of each
22 individual who owns an interest of ten (10) percent or
23 more in the contracting entity;
24 (c) a certification that CONTRACTOR has fully complied
25 with all applicable Federal and State reporting
26 requirements regarding its employees; and
27 (d) a certification that CONTRACTOR has fully complied
28 with all lawfully served Wage and Earnings Assignment
29
(WAA0109) (April 1, 2009)
Page 40 of 42
30
1 Orders and Notices of Assignment, and will continue to
2 so comply.
3 The failure of CONTRACTOR to timely submit the data or
4 certifications required by subsections (a), (b), (c), or (d), or
5 to comply with all Federal and State employee reporting
6 requirements for child support enforcement or to comply with all
7 lawfully served Wage and Earnings Assignment Orders and Notices
8 of Assignment shall constitute a material breach of this
9 Agreement, and failure to cure such breach within sixty (60)
10 calendar days of notice from COUNTY shall constitute grounds for
11 termination of this Agreement.
12 It is expressly understood that this data will be
13 transmitted to governmental agencies charged with the
14 establishment and enforcement of child support orders, and for
15 no other purpose.
16 28. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING
17 CONTRACTOR shall establish a procedure acceptable to
18 ADMINISTRATOR to ensure that all employees, volunteers,
19 consultants, or agents performing services under this Agreement
20 report child abuse or neglect to a child protective agency as
21 defined in Penal Code Section 11165.9 and dependent adult or
22 elder abuse as defined in Section 15610.07 of the Welfare and
23 Institutions Code (WIC) to an adult protection agency.
24 CONTRACTOR shall require such employee, volunteer, consultant or
25 agent to sign a statement acknowledging the child abuse
26 reporting requirements as set forth in Sections 11166 and
27 1166.05 of the Penal Code and the dependent adult and elder
28 abuse reporting requirements as set forth in Section 15630 of
29
(WAA0109) (April 1, 2009)
Page 41 of 42
30
1 the WIC and will comply with the provisions of these code
2 sections as they now exists or as they may hereafter be amended.
3 29. CONFIDENTIALITY
4 29.1 CONTRACTOR agrees to maintain the confidentiality of
5 its records pursuant to Welfare and Institutions Code Sections
6 827 and 10850-10853, the CDSS Manual of Policies and Procedures,
7 Division 19-000, and all other provisions of law, and
8 regulations promulgated thereunder relating to privacy and
9 confidentiality, as each may now exist or be hereafter amended.
10 All records and information concerning any and all
11 persons referred to CONTRACTOR by COUNTY or COUNTY’s designee
12 shall be considered and kept confidential by CONTRACTOR,
13 CONTRACTOR's staff, agents, employees and volunteers.
14 CONTRACTOR shall require all of its employees, agents,
15 subcontractors and volunteer staff who may provide services for
16 CONTRACTOR under this Agreement to sign an agreement with
17 CONTRACTOR before commencing the provision of any such services,
18 to maintain the confidentiality of any and all materials and
19 information with which they may come into contact, or the
20 identities or any identifying characteristics or information
21 with respect to any and all participants referred to CONTRACTOR
22 by COUNTY, except as may be required to provide services under
23 this Agreement or to those specified in this Agreement as having
24 the capacity to audit CONTRACTOR, and as to the latter, only
25 during such audit. CONTRACTOR shall comply with any audits
26 specified in Paragraph 24, provide reports and any other
27 information required by COUNTY in the administration of this
28 Agreement, and as otherwise permitted by law.
29
(WAA0109) (April 1, 2009)
Page 42 of 42
30
1 29.2 CONTRACTOR shall inform all of its employees, agents,
2 subcontractors, volunteers and partners of this provision and
3 that any person knowingly and intentionally violating the
4 provisions of said State law may be guilty of a crime.
5 29.3 CONTRACTOR agrees that any and all subcontracts
6 entered into shall be subject to the confidentiality
7 requirements of this Agreement.
8 30. COPYRIGHT ACCESS
9 The Department of Health and Human Services, the California
10 Department of Social Services, and COUNTY shall have a royalty-
11 free, nonexclusive and irrevocable license to publish,
12 translate, or use, now and hereafter, all material developed
13 under this Agreement including those covered by copyright.
14 31. WAIVER
15 No delay or omission by either party hereto to exercise any
16 right or power accruing upon any noncompliance or default by the
17 other party with respect to any of the terms of this Agreement
18 shall impair any such right or power or be construed to be a
19 waiver thereof. A waiver by either of the parties hereto of any
20 of the covenants, conditions, or agreements to be performed by
21 the other shall not be construed to be a waiver of any
22 succeeding breach thereof or of any other covenant, condition or
23 agreement herein contained.
24 32. PETTY CASH
25 CONTRACTOR is authorized to establish a petty cash fund in
26 an amount not to exceed two hundred and fifty dollars ($250.00).
27 33. PUBLICITY
28 Information and solicitations, prepared and released by
29
(WAA0109) (April 1, 2009)
Page 43 of 42
30
1 CONTRACTOR, concerning the services provided under this
2 Agreement, shall state that the program, wholly or in part, is
3 funded through County, State and Federal government funds
4 34. COUNTY RESPONSIBILITIES
5 ADMINISTRATOR will provide consultation and technical
6 assistance, and will monitor performance of CONTRACTOR in
7 meeting the terms of this Agreement.
8 35. REPORTS
9 CONTRACTOR shall provide information deemed necessary by
10 ADMINISTRATOR to complete any State-required reports related to
11 the services provided under this Agreement.
12 CONTRACTOR shall maintain records and submit reports
13 containing such data and information regarding the performance
14 of CONTRACTOR's services, costs or other data relating to this
15 Agreement as may be requested by ADMINISTRATOR, upon a form
16 approved by ADMINISTRATOR. ADMINISTRATOR may modify the
17 provisions of this Paragraph upon written notice to CONTRACTOR.
18 36. ENERGY EFFICIENCY STANDARDS
19 As applicable, CONTRACTOR shall comply with the mandatory
20 standards and policies relating to energy efficiency in the
21 State Energy Conservation Plan, (Title 24, California Code of
22 Regulations).
23 37. ENVIRONMENTAL PROTECTION STANDARDS
24 CONTRACTOR shall be in compliance with Section 306 of the
25 Clean Air Act [42 USC 1857(h)], Section 508 of the Clean Water
26 Act (33 USC 1368), Executive Order 11738 and Environmental
27 Protection Agency, hereinafter referred to as "EPA," regulations
28 (40 CFR, Part 15) as any may now exist or be hereafter amended.
29
(WAA0109) (April 1, 2009)
Page 44 of 42
30
1 Under these laws and regulations, CONTRACTOR assures that:
2 37.1 No facility to be utilized in the performance of the
3 proposed grant has been listed on the EPA List of Violating
4 Facilities;
5 37.2 It will notify COUNTY prior to award, of the receipt
6 of any communication from the Director, Office of Federal
7 Activities, U.S. EPA, indicating that a facility to be utilized
8 for the grant is under consideration to be listed on the EPA
9 List of Violating Facilities;
10 37.3 It will notify COUNTY and the EPA about any known
11 violation of the above laws and regulations.
12 38. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
13 INFLUENCE CERTAIN FEDERAL TRANSACTIONS
14 CONTRACTOR shall be in compliance with Section 319 of
15 Public Law 101-121 pursuant to 31 U.S.C. 1352 and the guidelines
16 with respect to those provisions set down by the Federal Office
17 of Management and Budget (OMB) and published in the Federal
18 Register dated December 20, 1989, Volume 54, No. 243, pp. 52306-
19 52332. Under these laws and regulations, it is mutually
20 understood that any contract which utilizes federal monies in
21 excess of $100,000 must contain and CONTRACTOR must comply with
22 the following provisions:
23 A. The definitions and prohibitions contained in the
24 clause at FAR 52.203-12, Limitation on Payments to Influence
25 Certain Federal Transactions, included in this solicitation, are
26 hereby incorporated by reference in Paragraph (B) of this
27 certification.
28 B. The offeror, by signing its offer, hereby
29
(WAA0109) (April 1, 2009)
Page 45 of 42
30
1 certifies to the best of his or her knowledge and belief as of
2 December 23, 1989 that
3 1) No Federal appropriated funds have been paid
4 or will be paid to any person for influencing or attempting to
5 influence an officer or employee of any agency, a Member of
6 Congress, an officer or employee of Congress, or an employee of
7 a Member of Congress on his or her behalf in connection with the
8 awarding of any Federal contract, the making of any Federal
9 grant, the making of any Federal loan, the entering into of any
10 cooperative agreement, and the extension, continuation, renewal,
11 amendment or modification of any Federal contract, grant, loan,
12 or cooperative agreement;
13 2) If any funds other than Federal appropriated
14 funds (including profit or fee received under a covered Federal
15 transaction) have been paid, or will be paid, to any person for
16 influencing or attempting to influence an officer or employee of
17 any agency, a Member of Congress, an officer or employee of
18 Congress, or an employee of a Member of Congress on his or her
19 behalf in connection with this solicitation, the offeror shall
20 complete and submit, with its offer, OMB standard form LLL,
21 Disclosure of Lobbying Activities, to the Contracting Officer;
22 and
23 3) He or she will include the language of this
24 certification in all subcontract awards at any tier and require
25 that all recipients of subcontract awards in excess of $100,000
26 shall certify and disclose accordingly.
27 C. Submission of this certification and disclosure
28 is a prerequisite for making or entering into this contract
29
(WAA0109) (April 1, 2009)
Page 46 of 42
30
1 imposed by Section 1352, Title 31, United States Code. Any
2 person who makes an expenditure prohibited under this provision
3 or who fails to file or amend the disclosure form to be filed or
4 amended by this provision, shall be subject to a civil penalty
5 of not less than $10,000, and not more than $100,000, for each
6 such failure.
7 39. POLITICAL ACTIVITY
8 CONTRACTOR agrees that the funds provided herein shall not
9 be used to promote, directly or indirectly, any political party,
10 political candidate or political activity, except as permitted
11 by law.
12 40. TERMINATION PROVISIONS
13 40.1 ADMINISTRATOR may terminate this Agreement without
14 penalty immediately with cause or after thirty (30) days’
15 written notice without cause, unless otherwise specified.
16 Notice shall be deemed served on the date of mailing. Cause
17 shall be defined as any breach of contract, any
18 misrepresentation or fraud on the part of CONTRACTOR. Exercise
19 by ADMINISTRATOR of the right to terminate this Agreement shall
20 relieve COUNTY of all further obligation under this Agreement.
21 40.2 Upon termination, or notice thereof, CONTRACTOR agrees
22 to cooperate with ADMINISTRATOR in the orderly transfer of
23 service responsibilities, active case records, and pertinent
24 documents.
25 40.3 The obligations of COUNTY under this Agreement are
26 contingent upon the availability of Federal and/or State funds,
27 as applicable, for the reimbursement of CONTRACTOR's
28 expenditures, and inclusion of sufficient funds for the services
29
(WAA0109) (April 1, 2009)
Page 47 of 42
30
1 hereunder in the budget approved by the Orange County Board of
2 Supervisors each fiscal year this Agreement remains in effect or
3 operation. In the event that such funding is terminated or
4 reduced, ADMINISTRATOR may immediately terminate this Agreement,
5 reduce COUNTY's maximum obligation, or modify this Agreement,
6 without penalty. The decision of ADMINISTRATOR will be binding
7 on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with
8 written notification of such determination. CONTRACTOR shall
9 immediately comply with ADMINISTRATOR's decision.
10 41. GOVERNING LAW AND VENUE
11 This Agreement has been negotiated in the state of
12 California and shall be governed by and construed under the laws
13 of the state of California. In the event of any legal action to
14 enforce or interpret this Agreement, the sole and exclusive
15 venue shall be a court of competent jurisdiction located in
16 Orange County, California, and the parties hereto agree to and
17 do hereby submit to the jurisdiction of such court,
18 notwithstanding Code of Civil Procedure Section 394.
19 Furthermore, the parties specifically agree to waive any and all
20 rights to request that an action be transferred for trial to
21 another county.
22 42. SIGNATURE IN COUNTERPARTS
23 The parties agree that separate copies of this Agreement
24 may be signed by each of the parties and this Agreement will
25 have the same force and effect as if the original had been
26 signed by all the parties.
27 ///
28 ///
29
(WAA0109) (April 1, 2009)
Page 48 of 42
30
1 ///
2 ///
3 ///
4 ///
5 ///
6 ///
7 ///
8 ///
9 WHEREFORE, the parties hereto have executed this Agreement.
10
11 By: By:
PAUL G. DUNN COUNTY OF ORANGE
12 PRESIDENT CHAIR OF THE BOARD
ARBOR E & T, LLC OF SUPERVISORS
13 A SUBSIDIARY OF RESCARE, INC.
14 Dated: Dated:
15
16
By:_________________________________
17 DAVID MILES
CHIEF FINANCIAL OFFICER
18 ARBOR E & T, LLC
A SUBSIDIARY OF RESCARE, INC.
19
20 Dated:______________________________
21
SIGNED AND CERTIFIED THAT A COPY OF THIS
22 DOCUMENT HAS BEEN DELIVERED TO THE CHAIR
23 OF THE BOARD PER G.C. SEC. 25103, RESO 79-1535
ATTEST:
24
25 DARLENE J. BLOOM
Clerk of the Board of Supervisors
26
Orange County, California
27
28
29
(WAA0109) (April 1, 2009)
Page 49 of 42
30
APPROVED AS TO FORM
1 COUNTY COUNSEL
2 COUNTY OF ORANGE, CALIFORNIA
3 By:
4 DEPUTY
5 Dated:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(WAA0109) (April 1, 2009)
Page 50 of 42
30
1 EXHIBIT A
2 TO
3 AGREEMENT
4 BETWEEN
5 COUNTY OF ORANGE
6 AND
7 ARBOR E & T, LLC
8 A SUBSIDIARY OF RESCARE, INC.
9 FOR THE PROVISION OF JOB SERVICES AND
10 EMPLOYMENT SUPPORT SERVICES
11 JOB SERVICES
12
13 1. POPULATION TO BE SERVED
14 CONTRACTOR agrees to provide Job Services to each CalWORKs
15 Welfare-To-Work (WTW) participant who is referred to CONTRACTOR
16 by ADMINISTRATOR, or contracted WTW Case Manager, under this
17 Agreement. Referrals shall be those CalWORKs participants who
18 have been identified as meeting the criteria for referral to Job
19 Services. It is mutually understood that all Job Services are
20 mandated, and are for the purpose of CalWORKs participants
21 achieving self-sufficiency within CalWORKs time constraints.
22 2. REFERRALS
23 2.1 CONTRACTOR must accept and provide services to all
24 CalWORKs participants referred to CONTRACTOR by ISWs and WTW Case
25 Managers. Although services may be ceased if there is a
26 participation problem due to non-cooperation, a participant may
27 not be refused service by CONTRACTOR without discussion with, and
28 concurrence by, the participant’s assigned WTW Case Manager. The
29
30 (WAA0109) (April 1, 2009)
1 of 13
31
1 WTW Case Manager shall concur prior to any action taken to
2 minimize issues that impede a participant’s ability to complete
3 Job Services.
4 2.2 CONTRACTOR shall ensure that when a participant is
5 referred for Job Services, the participant will be scheduled to
6 begin Job Services within seven (7) calendar days from the date
7 all barriers to participation are addressed.
8 3. CONTRACTOR GOALS
9 The specific goal of Job Services is to enhance the WTW
10 participant’s ability to search for and be retained in
11 unsubsidized employment that leads to self-sufficiency.
12 Participants must meet CalWORKs WTW requirements as set
13 forth in Paragraph 7 of Exhibit A to this Agreement. However,
14 CONTRACTOR is encouraged to assist participants in finding
15 employment involving forty (40) hours per week.
16 3.1 CONTRACTOR shall establish the following goals for Job
17 Services:
18 3.1.1 Placement Rate: fifty percent (50%) of Job
19 Services referrals shall be placed in employment;
20 3.1.2 Engagement Rate: fifty percent (50%) of
21 participants referred to CONTRACTOR shall begin Job Services.
22 Participants who become employed or complete a Vocational
23 Assessment during Job Services are included in the Engagement
24 Rate.
25 3.1.3 Average Starting Wage shall be twenty percent
26 (20%) above the California minimum wage.
27 3.2 CONTRACTOR shall follow ADMINISTRATOR’s established
28 Policy and Procedures for CalWORKs WTW Case Management when
29
30 (WAA0109) (April 1, 2009)
2 of 13
31
1 calculating Placement Rates, Engagement Rates, and Average
2 Starting Wage.
3 4. ORIENTATION
4 4.1 Orientation is conducted either individually or in a
5 group setting during which participants are informed about the
6 CalWORKs Program, including information about cash aid, the WTW
7 Program, supportive services, and other benefits available to
8 them.
9 4.2 CONTRACTOR shall provide a group or individual
10 motivational presentation to CalWORKs applicants. The ISW will
11 usually interview the client after the client completes the
12 Orientation. The Orientation will be enhanced by visual aids,
13 audience participation, and a question and answer period. Topics
14 shall include, but not be limited to:
15 4.2.1 CalWORKs Program
16 4.2.2 CalWORKs Support Staff
17 4.2.3 CalWORKs Services
18 4.2.4 Your Next Steps to Success
19 4.3 The Orientation will be presented frequently enough
20 during the day to ensure that all applicants can attend as part
21 of their application process. The Orientation will be presented
22 in English, Spanish and Vietnamese on an as needed basis.
23 4.4 The Orientation will be delivered by CONTRACTOR’s
24 staff, based on a script approved by ADMINISTRATOR, for groups as
25 small as one (1) and no larger than twenty-five (25) attendees.
26 4.5 Duration of the Orientation shall be a minimum of
27 thirty (30) minutes and a maximum of forty (40) minutes, subject
28 to ADMINISTRATOR’s needs.
29
30 (WAA0109) (April 1, 2009)
3 of 13
31
1 4.6 The Orientation room will be equipped with visual aids,
2 and Power Point equipment to enhance the interactive nature of
3 the presentation.
4 4.7 CONTRACTOR shall modify or adjust the Orientations per
5 instruction by ADMINISTRATOR, within the timeframe specified by
6 ADMINISTRATOR.
7 4.8 The ISW may choose to take responsibility for orienting
8 the applicant.
9 ///
10 ///
11 ///
12 5. JOB SERVICES
13 CONTRACTOR shall provide Job Services as a consecutive four
14 (4) week activity consisting of group workshops and open-entry
15 active Job Search, and is provided to enhance the WTW
16 participant’s ability to search for, obtain, and be retained in,
17 unsubsidized employment that leads to self-sufficiency.
18 One (1) week of Job Services is comprised of five (5)
19 business days of participation. Reporting any hours in a week
20 constitutes a week of participation. Individuals employed part-
21 time and/or participating in an approved WTW activity for fewer
22 than the required participation hours will concurrently attend
23 Job Services, as determined by the participant’s WTW Case
24 Manager. If determined by the ISW or WTW Case Manager, Job
25 Services in excess of four (4) weeks may be allowed. However,
26 the participant may not have more than six (6) weeks of Job
27 Services in any twelve (12) month period.
28 CONTRACTOR shall provide a detailed curriculum outline to
29
30 (WAA0109) (April 1, 2009)
4 of 13
31
1 ADMINISTRATOR for approval prior to commencing services.
2 Additional or modified services may be required due to changes in
3 State and Federal regulations or the needs of ADMINISTRATOR.
4 5.1 Job Search and Job Readiness Assistance (JSR):
5 JSR Assistance provides the participant with training
6 to learn basic job seeking and interviewing skills, to understand
7 employer expectations, and to learn skills designed to enhance an
8 individual’s capacity to move toward self-sufficiency. Workshops
9 must include, but are not limited to the following:
10 5.1.1 Resolving attitudinal barriers toward obtaining
11 and keeping employment, such as fear of going to work, anger and
12 resentment caused by being required to participate in the WTW
13 Program, low self-esteem/motivation, problems with public
14 transportation, and child care concerns.
15 5.1.2 Employer requirements and expectations, job
16 retention techniques such as attendance and punctuality, social
17 etiquette, personal hygiene, appropriate dress, productivity,
18 common reasons for promotion and dismissal, job problem solving
19 skills, and planning for and/or handling common problems new
20 employees face.
21 5.1.3 Understanding job search techniques such as
22 hidden job market (jobs that are never advertised or made known
23 to the public), the various avenues for reaching employers, the
24 employer’s perspective in the hiring process, establishing a
25 network of individuals who are willing to assist the participant
26 in obtaining employment, the value of planning and organizing job
27 search activities, and the purpose of the job interview.
28 5.1.4 How to complete a job application and a personal
29
30 (WAA0109) (April 1, 2009)
5 of 13
31
1 resume. CONTRACTOR shall develop a master job application that
2 is to be completed by each participant and provide a complete,
3 typed résumé for each participant as early as possible, subject
4 to the needs of the WTW participant. At a maximum, the résumé
5 must be completed by the end of the fifth (5th) day of the
6 participant’s attendance in Job Services.
7 5.1.5 Financial Management Education including, but
8 not limited to, developing an understanding of EITC, banking
9 processes (opening a savings, checking or other account),
10 household budgeting (projecting and saving for daily, weekly,
11 monthly and annual household expenses), basic bookkeeping
12 (tracking and balancing income and expenses), and planning
13 savings (car, house, college, retirement, etc.).
14 5.1.6 Explanation and distribution of information to
15 participants on any employment incentive programs, such as EITC,
16 that ADMINISTRATOR may deem appropriate.
17 ///
18 ///
19 5.2 Active Job Search:
20 Active Job Search is an intensive job search and job
21 development program that builds on the participant’s knowledge
22 and skills acquired during JSR activities. This program runs
23 concurrently with the JSR activities described in Subparagraph
24 5.1 above.
25 5.2.1 During Active Job Search, CONTRACTOR shall
26 provide an organized method of seeking work that may include, but
27 not be limited to:
28 5.2.1.1 Group and/or individual meetings
29
30 (WAA0109) (April 1, 2009)
6 of 13
31
1 regarding job search;
2 5.2.1.2 Access to phone banks and computers with
3 Internet access in a clean, well-lit place;
4 5.2.1.3 Job orders;
5 5.2.1.4 Individual counseling;
6 5.2.1.5 Motivational activities; and
7 5.2.1.6 Active job development and job searches,
8 including face-to-face contacts with potential employers and
9 submission of job applications, as well as direct referrals to
10 employers.
11 5.2.2 During Active Job Search, CONTRACTOR shall
12 provide referrals that include, but are not limited to, jobs that
13 are:
14 5.2.2.1 Listed by employers with the Employment
15 Development Department’s State Job Service or on CalJOBS, or
16 listed in local newspaper advertisements;
17 5.2.2.2 Developed by local WTW offices; and/or
18 5.2.2.3 Developed by CONTRACTOR.
19 5.2.3 Active Job search will take into consideration
20 the employer’s needs, and the participant’s skills, abilities,
21 education, work experience, and job interests as they relate to
22 meeting those needs.
23 5.2.4 Upon the participant’s entry into Active Job
24 Search, the Career Consultant and participant must develop a
25 written Job Search Plan, outlining job search related
26 activities, goals and objectives, as well as the scheduled dates
27 and times for the participant’s attendance. The format to be
28 used for the Job Search Plan must be pre-approved by
29
30 (WAA0109) (April 1, 2009)
7 of 13
31
1 ADMINISTRATOR, and shall meet the following criteria:
2 5.2.4.1 The plan shall be prepared for the four
3 (4) week term of the participant’s Job Services activities.
4 5.2.4.2 The plan shall include that a full time
5 JSR participant will submit a minimum of twelve (12) job
6 applications per week.
7 5.2.4.3 The plan shall require participants to
8 report to CONTRACTOR at CONTRACTOR’s site daily unless the Career
9 Consultant receives approval from the WTW Case Manager to change
10 this requirement, or the participant has a scheduled job
11 interview at the time(s) he/she is to report. Under consultation
12 with the WTW Case Manager, this requirement may change according
13 to the individual’s circumstances for those participants who are
14 assigned part-time to this activity.
15 5.2.4.4 The plan is to be updated to outline the
16 activities and goals for each day, and will be mutually agreed
17 upon by the Career Consultant and the participant.
18 5.3 Job Placement:
19 Job Placement activities are services leading to
20 employment that is anticipated to be permanent, and is secured
21 during a WTW participant’s assignment to JSR. Temporary jobs are
22 only suitable for placement when the entity the employee is
23 placed with has a history of a commitment to hire the participant
24 at the end of the temporary placement. Temporary employment shall
25 not constitute a job placement for the purposes of this service
26 component. CONTRACTOR shall follow ADMINISTRATOR’s established
27 Policy and Procedures for CalWORKs WTW Case Management when
28 counting job placements.
29
30 (WAA0109) (April 1, 2009)
8 of 13
31
1 5.4 Employment Counseling:
2 CONTRACTOR shall provide employment counseling, as
3 needed, at any time during the participant’s involvement in Job
4 Services. Counseling may include, in conjunction with the WTW
5 Case Manager, assisting the participant to identify appropriate
6 employment alternatives. Career Consultants will work with
7 participants who may have multiple barriers to employment, such
8 as a criminal record; a mental, emotional or physical disability;
9 an age, language, or substance abuse barrier; or may lack a work
10 history. Employment counseling activities to be included are as
11 follows:
12 5.4.1 Guiding the participant through the decision
13 making process in selecting/identifying appropriate job
14 interviews;
15 5.4.2 Mentoring participants with Internet related job
16 searches;
17 5.4.3 Making appropriate use of participant
18 information, such as his/her values, interests, transferable
19 skills, abilities, education and employment history to explore
20 possible job opportunities;
21 5.4.4 Making appropriate recommendations for matching
22 participants with potential employment opportunities;
23 5.4.5 Developing positive, supportive and effective
24 working relationships with participants from a variety of
25 backgrounds; and
26 5.4.6 Providing participants who are non-English
27 speaking, or have limited English skills, with individual or
28 classroom instruction that will include employment related
29
30 (WAA0109) (April 1, 2009)
9 of 13
31
1 phrases in the English language.
2 5.5 Job Development:
3 5.5.1 CONTRACTOR shall provide job development and
4 placement activities to assist WTW participants, and staff the
5 Resource Rooms at sites as determined by ADMINISTRATOR.
6 5.5.2 CONTRACTOR shall assist participants in finding
7 employment with the goal of assisting them to become economically
8 self-sufficient. Job development services shall include seeking
9 and developing job opportunities in the community appropriate to
10 the skills and experience of the pool of WTW participants.
11 5.5.3 Job development services shall include, but not
12 be limited to contacting employers to identify job openings, and
13 may include engaging participants in training programs. Group
14 and client specific job development must be provided, including
15 an analysis of transferable skills.
16 5.5.4 CONTRACTOR shall share job development
17 information/job openings with CalWORKs WTW staff and agencies
18 providing services to CalWORKs WTW participants as directed by
19 ADMINISTRATOR.
20 5.5.5 CONTRACTOR shall conduct proactive efforts
21 necessary to seek out employment opportunities for CalWORKs
22 recipients that will ultimately result in achieving self-
23 sufficiency. The development of job leads includes, but is not
24 limited to, the following activities:
25 5.5.5.1 Recruiting employers with job growth
26 opportunities who are willing to hire job ready WTW participants.
27 CONTRACTOR shall inform prospective private employers of federal
28 tax credits as an incentive to hire WTW participants;
29
30 (WAA0109) (April 1, 2009)
10 of 13
31
1 5.5.5.2 Seeking out leads for entry-level jobs
2 for WTW participants with the potential for wage increases;
3 5.5.5.3 Developing employer and community
4 contacts to facilitate seeking job leads;
5 5.5.5.4 Working cooperatively with One-Stop
6 Career Centers, the Employment Development Department, Workforce
7 Investment Act Programs and other workforce development programs;
8 5.5.5.5 Maintaining current job listings which
9 are readily available to ADMINISTRATOR, contracted WTW Case
10 Managers, and participants;
11 5.5.5.6 Maintaining a current list of
12 participant skills and experience to make available to potential
13 employers; and
14 5.5.5.7 Participating in, as well as hosting,
15 job fairs in coordination with CalWORKs WTW staff, other COUNTY
16 contracted agencies, and community partners.
17 6. MOTIVATION TECHNIQUES AND PROGRAM INFORMATION
18 6.1 CONTRACTOR’s staff who conduct group and individual
19 sessions shall employ sophisticated motivational strategies to
20 encourage a positive attitude in each participant, a sense of
21 personal value, an appreciation of the advantages of self-support
22 over CalWORKs dependency, and a good understanding of the many
23 opportunities offered by the WTW Job Services Program. To ensure
24 that staff is properly trained, a training manual must be
25 developed and distributed to staff emphasizing these techniques.
26 ADMINISTRATOR will review and approve the training manual prior
27 to distribution. All training and workshop materials will also be
28 reviewed and approved by ADMINISTRATOR prior to implementation.
29
30 (WAA0109) (April 1, 2009)
11 of 13
31
1 This shall include any and all changes made during the term of
2 this Agreement.
3 6.2 In addition to the motivational elements indicated in
4 Paragraph 6 to this Exhibit A, CONTRACTOR staff conducting
5 sessions shall provide information about the CalWORKs program,
6 which will make it understandable, accessible and useful to
7 individual participants, by explaining program requirements,
8 identifying barriers to participation, and helping participants
9 resolve conflicts.
10 6.3 All of CONTRACTOR’s staff providing direct service to
11 clients are to have a good understanding of the time limits for
12 cash assistance so they can instill in participants the need for
13 urgency in obtaining employment and achieving self-sufficiency.
14 CONTRACTOR’s staff is to clearly explain the positive impacts of
15 employment to participants, both in terms of impact to CalWORKs
16 grants as well as non-financial benefits.
17 6.4 CONTRACTOR shall be required to provide motivational
18 skills workshops for ADMINISTRATOR staff, other COUNTY contracted
19 agencies and community partners at the direction of
20 ADMINISTRATOR.
21 7. WORK PARTICIPATION REQUIREMENTS
22 CONTRACTOR shall involve CalWORKs participants who are
23 taking part in Job Services for a sufficient number of hours per
24 week, as required by COUNTY policy. CONTRACTOR shall ensure that
25 each participant is participating as required in their individual
26 WTW plan as developed by the WTW Case Manager and participant.
27 The individual CalWORKs WTW participation requirements are
28 currently:
29
30 (WAA0109) (April 1, 2009)
12 of 13
31
1 7.1 Thirty-two (32) hours per week in approved WTW
2 activities for All Other Families Assistance Units. Twenty (20)
3 hours of these approved WTW activities shall consist of
4 participation in one (1) or more core WTW activities as defined
5 by ADMINISTRATOR; or
6 7.2 Thirty-five (35) hours per week in approved WTW
7 activities for two (2) parent Assistance Units. Twenty (20)
8 hours of these approved WTW activities shall consist of
9 participation in one (1) or more core WTW activities as defined
10 by ADMINISTRATOR. One (1) parent can satisfy the total thirty-
11 five (35) hour requirement. If both parents contribute to the
12 thirty-five (35) hour requirement then at least one parent must
13 participate a minimum of twenty (20) hours per week.
14 8. REPORTING REQUIREMENTS
15 CONTRACTOR shall maintain records, collect data, and provide
16 reports mandated by Federal and State governments and as may be
17 required by ADMINISTRATOR. Data elements may include, but are not
18 limited to, the following:
19 ///
20 8.1 Report of First Day Attendance:
21 8.1.1 For those participants scheduled to attend Job
22 Services, CONTRACTOR shall record the first day’s attendance, in
23 a format approved by ADMINISTRATOR.
24 8.1.2 Attendance shall be provided to all appropriate
25 CalWORKs WTW staff within three (3) business days of the first
26 day of the Job Services activity.
27 8.2 Participant Attendance/Performance/Employment:
28 8.2.1 CONTRACTOR shall use a report format provided by
29
30 (WAA0109) (April 1, 2009)
13 of 13
31
1 ADMINISTRATOR to provide the following required participant
2 reporting information to the assigned WTW Case Manager:
3 8.2.2 By the Wednesday following the report week,
4 CONTRACTOR shall provide, on a weekly basis, a copy of each
5 participant’s daily time indicating the weekly hours of
6 participation and any problems with attendance, including excused
7 and unexcused absences, and any tardiness.
8 8.2.3 CONTRACTOR shall submit a report within three
9 (3) business days for any participant who obtains employment.
10 All information requested on the report form related to the
11 employment is to be completed. At a minimum, this employment
12 information will include the employer’s name, address, telephone
13 number, job title, number of hours to be worked per week,
14 starting wage, hiring date and employee benefits and referral
15 source, i.e., CONTRACTOR, newspaper advertisement, etc. If this
16 is part-time employment and the participant will continue JSR,
17 only the employment information is required. If this is full-
18 time employment, all information and problem occurrences that may
19 include, but are not limited to, failure to cooperate, family
20 crisis, health problems, substance abuse and absenteeism are to
21 be included.
22 8.2.4 CONTRACTOR shall submit a final report to the
23 WTW Case Manager within three (3) days of the participant’s
24 termination or drop from the service component.
25 8.3 Job Development Report
26 CONTRACTOR shall provide ADMINISTRATOR with a monthly
27 report, by the tenth (10th) day of the following month, in a
28 format approved by ADMINISTRATOR, for the preceding month, which
29
30 (WAA0109) (April 1, 2009)
14 of 13
31
1 includes, but is not limited to, the following:
2 8.3.1 Name and address of employer;
3 8.3.2 Date of contact;
4 8.3.3 Name of contact person;
5 8.3.4 Total number of contacts in the month;
6 8.3.5 Total number of positions identified;
7 8.3.6 Total number of clients obtaining employment in
8 these positions;
9 8.3.7 Total number of clients referred to
10 ADMINISTRATOR identified Work Experience sites;
11 8.3.8 Total caseload monitored for attendance and
12 progress in Work Experience sites.
13 8.4 Special Activities
14 A brief report of special activities during the month,
15 such as employer recruitment, job fairs, etc. will be reported to
16 ADMINISTRATOR by conclusion of the following month.
17 8.5 Miscellaneous Reports:
18 In addition to reports required on a monthly basis,
19 CONTRACTOR shall submit all reports and data collection that is
20 required to track goals and report progress as noted in Paragraph
21 3 of Exhibit A to this Agreement, as requested by ADMINISTRATOR.
22 ///
23 ///
24
25
26
27
28
29
30 (WAA0109) (April 1, 2009)
15 of 13
31
1 EXHIBIT B
2 TO
3 AGREEMENT
4 BETWEEN
5 COUNTY OF ORANGE
6 AND
7 ARBOR E & T, LLC
8 A SUBSIDIARY OF RESCARE, INC.
9 FOR THE PROVISION OF JOB SERVICES AND
10 EMPLOYMENT SUPPORT SERVICES
11 EMPLOYMENT SUPPORT SERVICES
12
13 1. POPULATION TO BE SERVED
14 CONTRACTOR agrees to provide Employment Support Services to
15 CalWORKs WTW participants referred to CONTRACTOR by COUNTY, or
16 contracted WTW Case Managers, under this Agreement. This
17 includes but is not limited to, Initial Services participants,
18 and Ongoing Services participants. It is mutually understood that
19 all Employment Support Services are for the purpose of
20 participants achieving self-sufficiency within CalWORKs time
21 constraints.
22 2. REFERRALS
23 2.1 CONTRACTOR agrees to accept and provide Employment
24 Support Services to all CalWORKs participants referred by the ISW
25 or WTW Case Manager.
26 2.2 CONTRACTOR shall ensure that the number of days
27 elapsing between the day a participant is referred to CONTRACTOR
28 for Employment Support Services under this Agreement, and the
29
(WAA0109) 1 of 8 (March 25, 2009)
30
31
1 date contact is made with the participant shall not exceed seven
2 (7) calendar days. CONTRACTOR shall communicate with the ISW or
3 WTW Case Manager on any action taken.
4 2.2.1 When emergency service needs have been
5 identified, i.e., lack of food or housing, or a situation that
6 would have an immediate detrimental impact on a participant’s
7 ability to maintain employment, CONTRACTOR shall initiate the
8 provision of the required service within twenty-four (24) hours
9 from the time the referral is made.
10 3. GOAL
11 CONTRACTOR’s goal with respect to Exhibit B of this
12 Agreement shall be as follows:
13 Eighty percent (80%) of all participants receiving
14 Employment Support Services shall indicate that Employment
15 Support Services assisted them in satisfactorily addressing
16 barriers to self-sufficiency. This shall be evidenced by a
17 participant satisfaction survey summary to be completed by
18 CONTRACTOR, and submitted to ADMINISTRATOR no later than April
19 30, 2010.
20 4. SERVICES TO BE PROVIDED
21 4.1 Employment Support Services:
22 4.1.1 In order to increase the likelihood of securing
23 employment and job retention, and, thereby, promote economic
24 self-sufficiency, Employment Support Services must be made
25 available to current WTW participants (whether or not employed).
26 4.1.2 Participants may receive Employment Support
27 Services if they are actively participating in their WTW
28 activity. Participants who are not fully engaged in a WTW
29
(WAA0109) 2 of 8 (March 25, 2009)
30
31
1 activity may only be referred to CONTRACTOR for Employment
2 Support Services on a case-by-case basis, with Regional Manager
3 approval. Participants may receive services if they are in the
4 referral phase or active participation phase of the activity.
5 4.1.3 Each WTW participant is first assigned to an ISW
6 and then to a WTW Case Manager whose responsibilities include the
7 removal of barriers to WTW participation and subsequent
8 employment. The ISW or the WTW Case Manager will be responsible
9 to identify and make specific referrals needed to remove those
10 barriers. Receipt of these services is voluntary.
11 CONTRACTOR, through direct service or
12 subcontracts with established community resources, shall provide
13 service to WTW participants to remove barriers to self-
14 sufficiency. The types of barriers to employment common among
15 the CalWORKs WTW population include:
16 4.1.3.1 Basic Needs: Food, clothing, utilities,
17 etc.
18 4.1.3.2 Transportation: Lack of access to
19 public transportation, unreliable personal vehicles.
20 4.1.3.3 Housing: Homelessness, lack of stable
21 housing.
22 4.1.3.4 Life Skills: Budgeting and credit
23 counseling, time and household management, nutrition and healthy
24 lifestyle.
25 4.1.3.5 Work Behavior: Work ethic, interacting
26 with coworkers, problem/dispute resolution.
27 4.1.3.6 Domestic Abuse: Dependence, anger
28 management, shelter services.
29
(WAA0109) 3 of 8 (March 25, 2009)
30
31
1 4.1.3.7 Family Issues: Parenting skills, family
2 relations, school problems.
3 4.1.3.8 Child Care: Confirmation of stable and
4 consistent care and plan for emergencies, i.e., a sick child.
5 4.1.4 Services must be readily accessible to WTW
6 participants. This includes the need for providing services in
7 the evenings, as well as consideration of child care needs and
8 the limited transportation available to many participants.
9 Weekend availability may be agreed upon between CONTRACTOR and
10 ADMINISTRATOR based on a specific need.
11 4.1.5 The ISW or the WTW Case Manager will assess the
12 need for support services and determine the services for which
13 the WTW participant will be referred. When there are unusual
14 needs, CONTRACTOR staff shall be available for consultation with
15 the ISW or the WTW Case Manager.
16 4.2 Additional Services:
17 Additional Employment Support Services to be provided
18 through direct service or subcontracts include, but are not
19 limited to, the following:
20 4.2.1 Coordinating child care slots with existing
21 resources near the participant’s place of employment and/or home,
22 whichever location will best meet the participant’s needs.
23 4.2.2 Coordinating on-the-job training with employers
24 to ensure that participants receive training that is not only
25 skill-focused, but also addresses enhancement of daily life
26 skills.
27 4.2.3 Coordinating with educational providers to
28 provide skill enhancement classes in the community.
29
(WAA0109) 4 of 8 (March 25, 2009)
30
31
1 4.2.4 Coordinating with local Community-Based
2 Organizations (CBOs) and Faith-Based Organizations (FBOs) to
3 develop support groups for clients. Support groups that also
4 provide child care could also be offered on Saturday mornings.
5 4.2.5 Encouraging CBOs and FBOs to provide resources,
6 such as food, clothing, and other donations that will assist
7 participants as they progress towards self-sufficiency.
8 4.2.6 Developing child care alternatives for children
9 who become sick or otherwise unable to attend traditional child
10 care or schools.
11 4.2.7 Identifying CalWORKs families that are isolated
12 in the community and encourage them to participate in community
13 groups to re-integrate them into a healthier lifestyle.
14 4.2.8 Coordinating counseling services with community
15 organizations already providing these or similar services and
16 subcontracting for additional services that are currently
17 unavailable or too limited to meet client population needs.
18 4.2.9 Coordinating with organizations that provide
19 clothing to the needy for job interviews and employment purposes.
20 4.2.10 Coordinating money-management assistance through
21 financial institutions or other organizations interested in
22 providing these services.
23 4.2.11 Referring participants to parenting classes,
24 dispute resolution, household management, counseling services,
25 etc. when appropriate.
26 4.2.12 Assisting participants in finding housing or
27 temporary shelter as appropriate.
28 4.2.13 Providing information concerning EITC to
29
(WAA0109) 5 of 8 (March 25, 2009)
30
31
1 participants and potential employers.
2 4.2.14 Assisting participants in finding low cost car
3 repairs as appropriate.
4 4.2.15 CONTRACTOR shall provide assistance to clients
5 referred to the Experience Provides the Resources for Tomorrow
6 Program (EXPRT) as defined in COUNTY’s WTW Policy and Procedures.
7 4.3 Domestic Abuse Assistance Services:
8 4.3.1 CONTRACTOR shall provide domestic abuse
9 assistance services that include working with participants and
10 families who have evidenced problems with domestic abuse.
11 Services shall include providing assistance to CalWORKs
12 participants to give them a safe haven, education, counseling,
13 and supportive services in order to obtain employment and become
14 self-sufficient without putting them at further risk or unfairly
15 penalizing them by CalWORKs requirements.
16 4.3.2 Some families in the CalWORKs population
17 consist of the victim and the batterer, who is also a CalWORKs
18 recipient. CONTRACTOR shall also provide services to the
19 batterer who is in the home in order to address domestic abuse
20 issues.
21 4.3.3 CONTRACTOR shall provide children’s programs to
22 children who are the witnesses to or victims of abuse, and are
23 likely to experience Post Traumatic Stress Disorder, depression,
24 anxiety, developmental issues or engage in inter-generational
25 transmission of domestic abuse.
26 4.3.4 CONTRACTOR shall coordinate delivery of services
27 with the COUNTY DASU, and shall provide, at a minimum, access to
28 the following services, either through direct service or
29
(WAA0109) 6 of 8 (March 25, 2009)
30
31
1 subcontracts with established community domestic abuse resources:
2 4.3.4.1 Twenty-four (24) hour hotline providing
3 crisis intervention;
4 4.3.4.2 Peer counseling and support and/or
5 psychological counseling services;
6 4.3.4.3 Personal Empowerment Program (PEP), or
7 other comparable services, for domestic abuse victims and their
8 families, as well as for perpetrators of domestic abuse;
9 4.3.4.4 An established walk-in center in the
10 areas to be served, to accommodate the service needs of victims
11 of domestic abuse;
12 4.3.4.5 Emergency services, such as food,
13 clothing, transportation, and shelter;
14 4.3.4.6 Twenty-four (24) hour response to local
15 law enforcement agencies in the provision of services to victims
16 of domestic abuse;
17 4.3.4.7 Hospital emergency room protocol and
18 assistance on a twenty-four (24) hour basis;
19 4.3.4.8 Legal assistance with temporary
20 restraining orders and custody disputes; and
21 4.3.4.9 Court and social advocacy programs
22 providing assistance to victims of domestic abuse and their
23 families.
24 4.4 Housing Assistance Services:
25 CONTRACTOR shall provide participants with assistance in
26 locating temporary and transitional housing, and work with
27 participants to obtain stable, affordable housing. CONTRACTOR
28 shall provide services to CalWORKs participants referred by
29
(WAA0109) 7 of 8 (March 25, 2009)
30
31
1 ADMINISTRATOR staff or other COUNTY designated contracted staff,
2 including but not limited to, the following:
3 4.4.1 Increase available housing options by developing
4 marketing strategies and conducting special outreach activities
5 with area landlords to increase available housing options;
6 4.4.2 Assistance, preparatory coaching, and
7 suggestions in shopping for a rental unit;
8 4.4.3 Immediate responsiveness and intervention in the
9 rental process and assistance with move-in and utility
10 arrangements;
11 4.4.4 Consumer credit and financial management
12 counseling, including assistance with remedies for adverse credit
13 reports/history;
14 4.4.5 Act as an advocate for the family for services
15 related to stabilization of housing; and
16 4.4.6 Ensure that funds are allocated for direct
17 participant services and pay the appropriate creditor/payee
18 directly for services.
19 5. REPORTING REQUIREMENTS
20 CONTRACTOR shall maintain records, collect data, and
21 provide reports mandated by Federal and State governments and as
22 may be required by ADMINISTRATOR and shall include all reports
23 and data collection that is required to track goals and report
24 progress as noted in Paragraphs 2, 3, and 4 of Exhibit B to this
25 Agreement.
26 6. MONTHLY REPORTS:
27 CONTRACTOR shall provide ADMINISTRATOR with a monthly
28 status report, by the tenth (10th) day of the following month, in
29
(WAA0109) 8 of 8 (March 25, 2009)
30
31
1 a format approved by ADMINISTRATOR, for the preceding month,
2 which includes, but is not limited to, the following:
3 6.1.1 Referrals received and referral outcomes;
4 6.1.2 Referrals made and referral outcomes for
5 clothing and transportation;
6 6.1.3 Job Placements;
7 6.1.4 Engagement rate;
8 6.1.5 Pay rate;
9 6.1.6 A summary of interactions with CBO and FBO
10 during the previous month, which shall include the date(s),
11 contact names(s), and purpose of contact. Report will only be
12 generated at the request of ADMINISTRATOR.
13 6.1.7 A report of corrective actions taken against
14 cited errors will be returned to the CTR monthly.
15 6.1.8 A list of the participants served during the
16 month including name, CalWIN identifier, date enrolled in Job
17 Services, current status, narrative of services completed, hours
18 of participation in Job Services and participant progress, date
19 returned to the ISW or the WTW Case Manager, the date the
20 participant entered employment, and if employment resulted from
21 CONTRACTOR Job Development activities.
22 6.1.9 ADMINISTRATOR may, in its sole discretion,
23 require changes in reporting requirements in accordance with
24 changes or modifications in State, Federal regulations or needs
25 of ADMINISTRATOR.
26 ///
27 ///
28 ///
29
(WAA0109) 9 of 8 (March 25, 2009)
30
31
1 ///
2 ///
3 ///
4 ///
5 ///
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(WAA0109) 10 of 8 (March 25, 2009)
30
31
1 EXHIBIT C
2 TO
3 AGREEMENT
4 BETWEEN
5 COUNTY OF ORANGE
6 AND
7 ARBOR E & T, LLC
8 A SUBSIDIARY OF RESCARE, INC.
9 FOR THE PROVISION OF JOB SERVICES AND
10 EMPLOYMENT SUPPORT SERVICES
11 SERVICE CONDITIONS
12
13 1. PRINCIPLES
14 CONTRACTOR shall:
15 1.1 Conduct services in a manner sensitive to literacy,
16 language, and socio-cultural issues that may impact participants.
17 CONTRACTOR’s staff shall be trained in cultural differences to
18 ensure their ability to recognize and help participants who
19 demonstrate language or cultural barriers to employment,
20 including resistance to pursuing employment in nontraditional
21 occupations.
22 1.2 Provide Services in a manner which is family-friendly,
23 family-centered, and community based; and provide integrated
24 services that coordinate Federal, State and community funding
25 opportunities. All services provided must be outcome-driven and
26 identify indicators that accurately reflect progress toward goals
27 established in this Agreement.
28 1.3 Identify participant strengths, be motivational and
29
(WAA0109) 1 of 25 (April 1, 2009)
30
31
1 strength-based.
2 1.4 Actively refer participants to needed services and
3 follow-up to ensure that the referral was successful.
4 1.5 Identify barriers relating to mental health and/or
5 substance abuse and refer participants to services as
6 appropriate.
7 1.6 Maximize opportunities to provide integrated,
8 coordinated and easily accessible resources for participants.
9 2. QUALITY CONTROL
10 2.1 CONTRACTOR shall establish and maintain a complete
11 internal quality control plan to ensure that the requirements of
12 this Agreement are provided as specified.
13 2.2 An inspection system shall cover the monitoring and
14 control of supportive services payment issuance (including petty
15 cash, bus tickets/passes or transportation costs). The quality
16 control plan, which shall be approved by ADMINISTRATOR, shall
17 include:
18 2.2.1 Activities to be inspected on either a scheduled
19 or unscheduled basis, how often inspections will be accomplished,
20 and the title of the individual(s) who will perform the
21 inspections;
22 2.2.2 Specific methods for identifying and preventing
23 deficiencies in the quality of service performed, before the
24 level of performance becomes unacceptable;
25 2.2.3 Maintenance of a file of all inspections
26 conducted by CONTRACTOR and, if necessary, the corrective action
27 taken; and
28 2.2.4 A method for continuing services in the event of
29
(WAA0109) 2 of 25 (April 1, 2009)
30
31
1 a strike of CONTRACTOR’s employees or a natural disaster.
2 3. CASE RECORDS
3 3.1 CONTRACTOR shall comply with all requirements as stated
4 in Paragraph 29 of this Agreement while maintaining a current and
5 complete electronic case record on the computer information
6 system for each participant referred. ADMINISTRATOR will provide
7 sufficient training regarding use and maintenance of electronic
8 case records on the computer information system, track cases,
9 generate reports, etc., to CONTRACTOR’s staff. CONTRACTOR shall
10 conduct future training for their staff and also provide this
11 training to any subcontractor that will have on-line access.
12 3.2 CONTRACTOR shall also maintain a physical case record
13 (hard copy). The content of the physical case records must be in
14 a format approved by ADMINISTRATOR and must be uniform among any
15 and all subcontractors. The physical case record shall contain
16 any documentation not included in the electronic case record.
17 3.3 Information in case records shall be treated as
18 confidential and released only to ADMINISTRATOR as required, or
19 to others upon the approval of ADMINISTRATOR.
20 3.4 Items in the physical case records may include, but are
21 not limited to, the following:
22 3.4.1 Documentation of services provided, including
23 contacts with and on behalf of participants, general observations
24 etc.;
25 3.4.2 Documentation of subcontractors and service
26 providers working with the participant or members of the
27 participant’s family, including payments made to the provider
28 3.4.3 Child care arrangements/documentation;
29
(WAA0109) 3 of 25 (April 1, 2009)
30
31
1 3.4.4 Documentation/justification for supportive
2 services;
3 3.4.5 Documentation of hours of participation;
4 3.4.6 Documentation regarding any cooperation issues;
5 3.4.7 Attendance and progress reports, including those
6 from subcontractors and service providers;
7 3.4.8 Employment information and employment retention
8 tracking;
9 3.4.9 Documentation of increases in earnings;
10 3.4.10 Standard release forms as needed for collateral
11 contacts;
12 3.4.11 Documentation of language needs and how they
13 were resolved, as applicable;
14 3.4.12 Documents required in program procedures; and
15 3.4.13 Medical verifications, as applicable.
16 4. COORDINATION
17 4.1 CONTRACTOR shall jointly host regular coordination
18 meetings with ADMINISTRATOR and contracted CalWORKs WTW staff to
19 coordinate procedures and solve problems.
20 4.2 CONTRACTOR shall provide a contact that will accept
21 calls from CalWORKs WTW staff to verify space availability for
22 the next appropriate Job Services opening, using a format
23 approved by ADMINISTRATOR.
24 4.3 CONTRACTOR shall be required to coordinate with the
25 Vocational Assessment Contractor(s), as directed by
26 ADMINISTRATOR, for referral of clients to Vocational Assessment
27 following Job Services.
28 5. FORMS
29
(WAA0109) 4 of 25 (April 1, 2009)
30
31
1 ADMINISTRATOR will provide CONTRACTOR with a camera-ready
2 copy of all mandatory State and COUNTY forms. CONTRACTOR shall
3 be responsible for duplicating and distributing the forms to its
4 staff, any partner agencies or subcontractors and providers in
5 the region, as needed. CONTRACTOR may develop its own internal
6 forms, which are not mandated by ADMINISTRATOR or by program
7 requirements. However, internal forms must be reviewed and
8 approved by ADMINISTRATOR prior to implementation.
9 6. STATEMENT OF NEED
10 CONTRACTOR shall communicate with appropriate CalWORKs staff
11 members, per all applicable COUNTY policies, the participant’s
12 supportive services needs when a participant needs assistance
13 with the cost of materials, uniforms, tools, etc. to participate
14 in a job search or to begin work.
15 7. COMMUNITY OUTREACH
16 CONTRACTOR shall engage in outreach activities to CBOs and
17 FBOs. CONTRACTOR shall meet regularly with CBOs and FBOs to
18 inform them of funding availability for services provided under
19 this Agreement, coordinate the provision of services, and provide
20 them with technical assistance as needed. CONTRACTOR may call
21 upon ADMINISTRATOR for assistance with coordination of community
22 outreach activities.
23 8. FAITH-BASED ORGANIZATIONS (FBO)
24 8.1 CONTRACTOR agrees to respect the wishes of those
25 participants who do not want to receive services from an FBO.
26 CONTRACTOR shall make available the same type of services from
27 non-faith-based organizations. These services must be at least
28 equal to the FBO’s services and be made available within a
29
(WAA0109) 5 of 25 (April 1, 2009)
30
31
1 reasonable period of time.
2 8.2 In accordance with applicable federal and state law,
3 and with Paragraph 14 of this Agreement, WTW participants shall
4 not be required to participate in any religious activities.
5 9. PROGRAMMATIC PARTICIPATION
6 CONTRACTOR shall submit any information and assistance
7 necessary for CalWORKs WTW staff to conduct compliance
8 determinations and monitor compliance plans, and for
9 ADMINISTRATOR to make presentations at hearings or formal
10 grievances.
11 10. PERFORMANCE MONITORING AND REVIEWS
12 10.1.1 CONTRACTOR’s performance will be monitored and
13 reviewed by ADMINISTRATOR. CONTRACTOR shall cooperate and assist
14 ADMINISTRATOR staff in monitoring performance. ADMINISTRATOR
15 staff may be located at CONTRACTOR’s site(s), and will conduct
16 case reviews as part of an on-going evaluation of CONTRACTOR’s
17 performance and act as liaisons between CONTRACTOR and
18 ADMINISTRATOR when technical assistance is needed. CTR or other
19 ADMINISTRATOR designated staff assistance may include, but shall
20 not be limited to, the following:
21 10.1.2 Interpretation of program policy, technical
22 assistance and advice on program requirements and procedures;
23 10.1.3 Review and approval of actions that State
24 regulations require be performed by County Welfare Department
25 personnel, such as primary eligibility determination and
26 imposition of sanctions; and
27 10.1.4 Other ADMINISTRATOR non-programmatic technical
28 assistance.
29
(WAA0109) 6 of 25 (April 1, 2009)
30
31
1 10.2 In addition, ADMINISTRATOR may use a variety of
2 inspection methods to evaluate CONTRACTOR’s performance,
3 including but not limited to:
4 10.2.1 Random sampling of program activities including
5 a review of case files each month;
6 10.2.2 Activity checklists and random observations;
7 10.2.3 Inspection of output items on a periodic basis
8 as deemed necessary;
9 10.2.4 Computer Information System reported results;
10 10.2.5 WTW participant complaints and/or WTW
11 participant questionnaires; and
12 10.2.6 Service provider complaints or reports.
13 10.3 If it is determined that services are performed
14 unsatisfactorily during the review period, ADMINISTRATOR may
15 require a corrective action plan. CONTRACTOR must, within the
16 time period specified in any such corrective action plan, remedy
17 the performance defects.
18 10.4 CONTRACTOR shall cooperate with ADMINISTRATOR in
19 providing the information necessary for monitoring this
20 Agreement, and with authorized State or Federal representatives
21 who may audit WTW Program services.
22 10.5 Performance evaluation meetings will be conducted as
23 deemed necessary by ADMINISTRATOR staff.
24 11. HANDLING COMPLAINTS
25 CONTRACTOR shall develop, operate and maintain procedures
26 for receiving, investigating and responding to provider and
27 participant complaints, including Civil Rights complaints against
28 direct service subcontractors made by participants, requests for
29
(WAA0109) 7 of 25 (April 1, 2009)
30
31
1 State Hearings and formal grievances, requests for COUNTY
2 reviews, and other complaints relating to WTW Job Services and
3 Employment Support Services.
4 11.1 CONTRACTOR staff shall maintain a log for
5 identification and response to participants’ complaints. When
6 complaints cannot be resolved informally, a system of follow-
7 through shall be instituted which adheres to formal plans for
8 specific actions and strict time deadlines.
9 11.2 CONTRACTOR shall provide to ADMINISTRATOR, in a format
10 approved by ADMINISTRATOR, information pertaining to complaints,
11 as well as CONTRACTOR’s response to any complaints as described
12 above within ten (10) business days of the complaint.
13 12. FORMAL GRIEVANCE PROCESS AND STATE HEARING
14 12.1 Grievance Rights and Civil Rights notices, in multiple
15 languages, must be posted in all office(s) where all participants
16 can easily see them.
17 12.2 CONTRACTOR must attend COUNTY Formal Grievance Hearings
18 and State Hearings as needed, and comply with the decisions of
19 the Hearing Officers. All actions involving the Formal Grievance
20 Process and State Hearings must be properly documented.
21 13. WELFARE FRAUD INVESTIGATION REFERRALS
22 If CalWORKs eligibility or supportive services payment fraud
23 is suspected, either by the WTW participant or a service
24 provider, CONTRACTOR shall notify the appropriate OSW or ISW.
25 14. OUTSIDE CONTACTS
26 14.1 CONTRACTOR shall immediately inform ADMINISTRATOR’s
27 Family Self Sufficiency Administrative Manager or designee, of
28 any inquiry from an elected official, their representative,
29
(WAA0109) 8 of 25 (April 1, 2009)
30
31
1 participant advocate, or the press, and immediately provide
2 information in order to permit ADMINISTRATOR to respond.
3 14.2 CONTRACTOR shall consult with ADMINISTRATOR’s Family
4 Self Sufficiency Administrative Manager or designee, prior to
5 initiating contact with an elected official, their
6 representative, participant advocate, or the press.
7 15. FACILITIES
8 CONTRACTOR shall be required to collocate in existing
9 ADMINISTRATOR facilities, or may be required to obtain additional
10 space at sites in regions of Orange County designated by
11 ADMINISTRATOR. CONTRACTOR and ADMINISTRATOR may mutually agree
12 in writing to add, change, modify, or delete locations, as
13 necessary, to best serve the needs of ADMINISTRATOR and WTW
14 participants.
15 15.1 Collocated Facilities:
16 15.1.1 When collocating at a site provided by
17 ADMINISTRATOR, CONTRACTOR shall enter into a non-financial real
18 estate agreement, as referenced in Subparagraph 9.2 of this
19 Agreement, and will cooperate with all conditions of said
20 Agreement. CONTRACTOR shall collocate at the following
21 facilities provided by ADMINISTRATOR:
22 6100 Chip Ave., Cypress, CA 90630
23 1928 S. Grand Ave., Santa Ana, CA 92705
24 23340 Moulton Parkway, Laguna Hills, CA 92653
25 3320 E La Palma Anaheim, CA 92806
26 15.2 Contractor Provided Facilities:
27 CONTRACTOR must obtain facilities in safe, clean
28 structures that are centrally located to the population to be
29
(WAA0109) 9 of 25 (April 1, 2009)
30
31
1 served, located conveniently to public transportation facilities,
2 and accessible to individuals with disabilities. CalWORKs
3 participants cannot be required to travel more than two (2) hours
4 round trip to obtain services. The facility location shall be
5 subject to ADMINISTRATOR’s approval.
6 15.2.1 At least thirty (30) days prior to leasing a
7 facility, CONTRACTOR will provide ADMINISTRATOR with a copy of
8 the lease for review and approval. CONTRACTOR shall make all
9 changes to the lease as requested by ADMINISTRATOR.
10 15.2.2 CONTRACTOR must provide adequate security for
11 the facility, and the facility shall be adequately lighted at
12 night.
13 15.2.3 CONTRACTOR shall provide parking spaces for
14 participants’ free and exclusive use. In addition to these
15 parking spaces, CONTRACTOR shall also provide parking for
16 disabled persons in accordance with the Americans with
17 Disabilities Act, and any other rules or statutes relating to
18 parking for disabled persons.
19 15.2.4 CONTRACTOR shall provide all repair,
20 maintenance, and janitorial services to all premises on a five-
21 day-per-week basis, subject to the satisfaction of ADMINISTRATOR.
22 ADMINISTRATOR may notify CONTRACTOR in writing if CONTRACTOR
23 fails to provide satisfactory repair, maintenance, and/or
24 janitorial services to the premises. If, within a reasonable
25 time, CONTRACTOR has not taken measures to provide satisfactory
26 service and/or remedy the unsatisfactory conditions,
27 ADMINISTRATOR may provide the repair, maintenance, and/or
28 janitorial services necessary to remedy the unsatisfactory
29
(WAA0109) 10 of 25 (April 1, 2009)
30
31
1 condition, and deduct the cost of those services from any
2 reimbursable claim by CONTRACTOR.
3 15.2.5 CONTRACTOR agrees to maintain any facilities in
4 compliance with applicable laws, rules, regulations, building
5 codes, statutes and orders, as they now exist or may be
6 subsequently amended.
7 15.2.6 CONTRACTOR shall provide space at the following
8 sites:
9 100 South Anaheim Blvd., Anaheim 92805
10 1801 East Edinger, Santa Ana, CA 92705
11 ///
12 16. EQUIPMENT AND FURNISHINGS
13 16.1 ADMINISTRATOR will purchase and install all necessary
14 data processing equipment, including personal computers.
15 16.2 CONTRACTOR will comply with confidentiality
16 requirements as stated in Paragraph 29 of this Agreement and
17 shall use the computer information system(s) provided by
18 ADMINISTRATOR for entering and retrieving data, monthly reporting
19 of work participation hours, updating the status and end dates of
20 participant activities, and any other information as required by
21 SSA. CONTRACTOR agrees to be fully responsible for any loss,
22 theft, or damage to the computer systems provided by
23 ADMINISTRATOR. Further, CONTRACTOR is to provide training to
24 staff that uses such equipment related to the sensitivity of
25 client personal information contained within the hardware of
26 these systems.
27 16.3 CONTRACTOR shall provide ADMINISTRATOR with a written
28 plan describing safeguards that shall be taken to ensure the
29
(WAA0109) 11 of 25 (April 1, 2009)
30
31
1 security of both the computer information systems hardware and
2 the personal data contained therein. This plan shall include
3 action steps that CONTRACTOR will take to immediately report and
4 mitigate damages resulting from loss of equipment and
5 unauthorized dissemination of personal information. CONTRACTOR
6 shall submit this plan no later than July 31, 2009, and shall
7 make all changes to the plan as requested by ADMINISTRATOR.
8 16.4 CONTRACTOR shall comply with confidentiality
9 requirements as stated in Paragraph 29 of this Agreement and
10 ensure that their personnel understand the uses of the computer
11 information system(s) and will follow the related procedures.
12 This will be done through supervisory reviews and case audits.
13 16.5 In non-collocated facilities, CONTRACTOR will be
14 responsible to provide all the necessary (ergonomically proper)
15 furnishings for its staff, and jointly coordinate the office
16 layouts with ADMINISTRATOR’s Facilities Management staff.
17 16.6 CONTRACTOR shall immediately inform ADMINISTRATOR of
18 any employment terminations or new employees so that
19 ADMINISTRATOR’s Information Technology Services may take
20 appropriate action within specified timeframes.
21 16.7 Throughout the term of this Agreement, CONTRACTOR shall
22 provide the following for all locations provided by CONTRACTOR:
23 16.7.1 Security will be a Key Card access system to
24 secure the work area from participant admittance. CONTRACTOR
25 shall maintain this system in an up-to-date manner and shall
26 designate an in-house management level position to be responsible
27 for maintenance and access level assignments for this system to
28 include additions and deletions of names from the system as
29
(WAA0109) 12 of 25 (April 1, 2009)
30
31
1 appropriate. The system shall include a master key override
2 lock. In locations where ADMINISTRATOR has provided furniture and
3 equipment, CONTRACTOR shall provide an alarm or security system
4 for after hours security.
5 17. BUDGET
6 The budget for services provided pursuant to Exhibits A, B,
7 and C of this Agreement is set forth as follows:
8 17.1 Budget period July 1, 2009 – June 30, 2010
9 Max
10 Hourly
11 Salaries and Benefits: Rate(1) FTE(2 Amount
)
12
13 Program Director 40.04 1 83,283
14 Project/Finance Manager 38.87 1 80,850
15 Training Manager 31.82 1 66,200
16 Program Manager 31.25 1 57,000
17 Subcontract Manager 31.82 1 66,200
18 Quality Control Manager 31.25 1 57,000
19 Supervisor 26.00 9 419,950
20 Career Consultant 22.00 47 1,699,205
21 Account Specialist 22.18 3 141,238
22 Administrative Assistant 16.02 5 157,552
23 Direct Company Support 11,000
24 Subtotal Salaries 2,839,478
25 Benefits(3) 654,117
26 Total Salaries and Benefits 3,493,595
27 Services:
28 Independent Audit 6,560
29
(WAA0109) 13 of 25 (April 1, 2009)
30
31
1 Basic Needs 364,000
2 Professional Clothing 355,000
3 Domestic Abuse Services 480,000
4 Housing 779,000
5 Transportation 515,000
6 Family Outreach 9,667
7 Purchase of Services 69,000
8 Total Services 2,578,227
9 Operating Expenses:
10 Office Expense 120,000
11 Program Expense 48,000
12 Telephone (Communication Costs) 69,000
13 Mileage(4) 30,000
14 Staff Development 12,500
15 Travel 30,000
16 (Transportation/Lodging)(5)
17 Advertising/Promotions/Printing 22,000
18 Facility Lease/Rental 448,000
19 Equipment Lease/Rental 85,000
20 Insurance 40,200
21 Miscellaneous 5,600
22 Total Operating 910,300
23 Expenses
24 Contractor's Fee 1,422,369
25 MAXIMUM OBLIGATION 7/1/09-6/30/10 8,404,491
26
(1) Maximum hourly rates which will be permitted during the term
27 of this Agreement; employees may be paid at less than maximum
28 rate.
(2) For hourly employees, Full-Time Equivalent (FTE) is defined
29
(WAA0109) 14 of 25 (April 1, 2009)
30
31
as the amount of time (stated as a percentage) each position
1 will be providing services under the terms of this Agreement.
2 This percentage is based upon a 40-hour workweek. For
salaried employees, FTE is defined as the amount of time
3 (stated as a percentage) the position will be paid for under
the terms of this Agreement, regardless of the number of
4 hours actually worked.
(3) Total salaries are calculated on average hourly rates for
5
positions with average hourly rates and on maximum hourly
6 rates for positions with no average hourly rates.
(4) Employee Benefits include 401k, health insurance, dental
7 insurance, life insurance, and long-term disability
insurance. Also included are payroll taxes such as FICA,
8 Federal Unemployment Tax, State Unemployment Tax, and
9 Worker’s Compensation Tax, based on the currently prevailing
rates.
10 (5) Mileage is limited to the amount allowed by the IRS.
(6) Staff incentive payments are calculated at 5% of salaries.
11 (7) Bilingual staff incentive payments are 55% of Direct Services
12 Staff FTEs at $0.83 per hour.
(8) Travel costs will be in accordance with 41 CFR Chapter 301
13 Federal Travel Regulation; Maximum Per Diem Rates, Final
Rules. Travel must be approved in advance by ADMINISTRATOR.
14 CONTRACTOR shall be reimbursed for actual expenses of
lodging, up to the maximum allowed in CFR Title 41 Chapter
15
301, Travel Allowances. CONTRACTOR shall be reimbursed for
16 per diem rate paid to employees for meals and incidental
expenses incurred during travel, up to the maximum allowed in
17 CFR 41 Chapter 301, Travel Allowances.
(9) Other includes costs of customary ongoing recruiting costs;
18 Trade, Business and Professional activities; and other
19 allowable and necessary costs that cannot be practically
classified into a separate category. The amount assigned to
20 this category is based upon past experience with the CalWORKs
Program.
21
22 CONTRACTOR and ADMINISTRATOR may agree, subject to advance
23 written notice to add, delete, or modify line items and/or
24 amounts and/or the number and type of FTE positions without
25 changing county’s maximum obligation as stated in Subparagraph
26 18.1 of this Agreement or reducing the level of service to be
27 provided by CONTRACTOR. Further, in accordance with Subparagraph
28 40.3 of this Agreement, in the event ADMINISTRATOR reduces the
29
(WAA0109) 15 of 25 (April 1, 2009)
30
31
1 maximum obligation as stated in Subparagraph 18.1, CONTRACTOR and
2 ADMINISTRATOR may mutually agree in writing to proportionately
3 reduce the service goals as set forth in this Exhibit.
4 18. STAFF
5 18.1 Language Diversity
6 The ethnic diversity of WTW participants in the County of
7 Orange creates special language, cultural, and job placement
8 issues. CONTRACTOR shall employ staff with experience in placing
9 those with a limited English vocabulary. CONTRACTOR’s staff must
10 be able to read, write, speak and understand English. CONTRACTOR
11 must provide bilingual staff to serve clients who speak Spanish
12 or Vietnamese. In addition, CONTRACTOR is required to provide
13 translation services for all other languages as needed so that
14 all participants are provided services in the language they
15 speak.
16 CONTRACTOR shall comply with all COUNTY, State, and Federal
17 regulations regarding Limited English Proficiency (LEP). LEP
18 regulations affect anyone who participates in a Federally funded
19 program, and who has English as his or her second language and is
20 limited in his or her English language proficiency.
21 18.2 Recruitment and Hiring Practices
22 18.2.1 CONTRACTOR shall use a formal recruitment plan,
23 which is in compliance with Federal and State employment and
24 labor regulations.
25 18.2.2 CONTRACTOR’s employment application shall
26 require applicants to provide detailed information regarding the
27 conviction of a crime by any court, for offenses other than minor
28 traffic offenses. Information not disclosed in the employment
29
(WAA0109) 16 of 25 (April 1, 2009)
30
31
1 application discovered subsequent to the hiring of any applicant
2 shall be cause for termination of that employee.
3 18.2.3 CONTRACTOR shall conduct criminal record
4 background checks and clearance prior to hiring all employees
5 that will participate under this Agreement. Candidates will
6 satisfy background checks consistent and compatible with those
7 required for COUNTY employees and other representatives working
8 in CalWORKs WTW programs.
9 18.2.4 CONTRACTOR shall implement a plan to employ
10 CalWORKs participants. CONTRACTOR’s plan shall specify how
11 CONTRACTOR will give priority consideration in filling vacancies
12 in positions funded by this Agreement to qualified CalWORKs
13 recipients.
14 18.3 Staff Training
15 18.3.1 All staff directly serving CalWORKs WTW
16 participants, or supervising those who do, must be thoroughly
17 familiar with the WTW requirements and procedures contained in
18 the Orange County WTW Plan and subsequent updates, the California
19 Department of Social Services regulations, the COUNTY WTW
20 Policies and Procedures Handbook and related instructions, the
21 computer information system handbook and related instructions,
22 CalWORKs eligibility requirements, COUNTY service delivery and
23 payment systems, welfare fraud and child abuse/elder abuse
24 reporting requirements, the State Hearing process, and Civil
25 Rights compliance requirements. ADMINISTRATOR will provide
26 program requirements, policies, and general procedures to
27 CONTRACTOR during start-up and subsequently as these materials
28 are revised or new policies are developed.
29
(WAA0109) 17 of 25 (April 1, 2009)
30
31
1 18.3.2 ADMINISTRATOR will provide initial training to a
2 limited number of select CONTRACTOR staff with respect to
3 CalWORKs WTW regulations, and COUNTY policies and procedures.
4 CONTRACTOR must conduct subsequent training(s) for CONTRACTOR
5 staff.
6 18.3.3 CONTRACTOR shall be required to attend all
7 training(s) that COUNTY determines to be mandatory. ADMINISTRATOR
8 will also provide CONTRACTOR personnel with initial training in
9 the use of computer information systems as necessary to comply
10 with the requirements of the program. ADMINISTRATOR will provide
11 technical information to CONTRACTOR on these requirements, but it
12 will be CONTRACTOR’s sole responsibility to assure that
13 CONTRACTOR staff understands and correctly implements the
14 requirements cited when providing WTW services.
15 18.3.4 CONTRACTOR shall provide ongoing staff training
16 and assistance to CONTRACTOR staff to ensure that all assignments
17 are effectively handled.
18 18.3.5 CONTRACTOR will ensure that their staff receives
19 training in understanding cultural differences among groups of
20 participants, and recognizes and effectively intervenes to
21 overcome any language and/or cultural barriers to employment that
22 may be evident.
23 18.3.6 A designated CONTRACTOR staff person shall
24 maintain a log of in-house training activities and participants.
25 This log shall be made available to ADMINISTRATOR upon request.
26 18.4 Time Studies
27 18.4.1 CONTRACTOR shall adhere to County of Orange time
28 study procedures by identifying and reporting time devoted to the
29
(WAA0109) 18 of 25 (April 1, 2009)
30
31
1 delivery of WTW services.
2 18.4.2 WTW time studies must be completed by CONTRACTOR
3 staff in the months of February, May, August and November of each
4 year. Completed time studies shall be submitted to ADMINISTRATOR
5 by the first business day of the month following the month in
6 which the time study is to be completed.
7 18.4.3 Supervisory staff will not complete detailed
8 time study form sheets, but must record the total hours worked
9 per day in a time study month. CONTRACTOR supervisors must
10 review the staff time study detail report for accuracy.
11 18.5 CONTRACTOR shall provide the following described staff
12 positions:
13 18.5.1 Program Director:
14 Duties:
15 18.5.1.1 Manages overall operations of the
16 contract.
17 18.5.1.2 Acts as the main interface with
18 ADMINISTRATOR regarding contract compliance.
19 18.5.1.3 Responsible for overseeing training for
20 all CONTRACTOR’s staff in policies and procedures.
21 18.5.1.4 Directly supervises the Project/Finance
22 Manager, Quality Control Manager, Training Manager, Program
23 Manager and Subcontract Coordinator.
24 Qualifications:
25 18.5.1.5 Bachelor’s Degree, preferably in a human
26 services related field and a minimum of five (5) years
27 supervisory experience or equivalent. Three (3) years CalWORKs
28 and/or WTW experience is preferred.
29
(WAA0109) 19 of 25 (April 1, 2009)
30
31
1 18.5.2 Project/Finance Manager:
2 Duties:
3 18.5.2.1 Assists the Program Director in
4 oversight functions.
5 18.5.2.2 Oversees fiscal month-end close,
6 customer invoicing, and account reconciliation, and ensures
7 proper fiscal controls are implemented and monitored.
8 18.5.2.3 Monitors subcontract invoicing and
9 oversees verification that proper back-up documentation is
10 provided.
11 18.5.2.4 Develops and maintains collaborative
12 ventures to increase pre-employment, job search, and post-
13 employment services available to program participants.
14 18.5.2.5 Responsible for implementing corrective
15 action plans, when necessary, with the assistance of the Program
16 Director and Supervisors.
17 Qualifications:
18 18.5.2.6 Bachelor’s Degree, preferably in a human
19 services related field and a minimum of four (4) years
20 supervisory experience or equivalent. Two (2) years CalWORKs
21 and/or WTW experience is preferred.
22 18.5.3 Training Manager:
23 Duties:
24 18.5.3.1 Ensures quality and oversees the
25 training and staff development of program components.
26 18.5.3.2 Develops, implements, and monitors
27 educational and motivational training that meets the needs of
28 ADMINISTRATOR.
29
(WAA0109) 20 of 25 (April 1, 2009)
30
31
1 18.5.3.3 Provides ongoing group and one-to-one
2 educational and motivational training to various staff.
3 18.5.3.4 Develops innovative motivational
4 techniques, which result in increased client participation.
5 18.5.3.5 Develops and implements a feedback and
6 improvement system to ensure that training meets the needs of
7 ADMINISTRATOR.
8 18.5.3.6 Assists in the oversight of ongoing
9 staff development.
10 Qualifications:
11 18.5.3.7 Bachelor’s Degree, preferably in a human
12 services related field and a minimum of one (1) year supervisory
13 experience or equivalent.
14 18.5.3.8 Two (2) years CalWORKs and/or WTW
15 experience is preferred.
16 ///
17 ///
18 18.5.4 Program Manager:
19 Duties:
20 18.5.4.1 Assists the Program Director in
21 oversight functions;
22 18.5.4.2 Supervises project supervisors, and is
23 responsible for supervisor development and training.
24 18.5.4.3 Ensures an accurate participant service
25 delivery system;
26 18.5.4.4 Recruits, hires and trains staff;
27 18.5.4.5 Maintains quality and accountability in
28 all program activities.
29
(WAA0109) 21 of 25 (April 1, 2009)
30
31
1 18.5.4.6 Acts as program liaison to
2 ADMINISTRATOR’s Regional Managers and Supervisors;
3 18.5.4.7 Responsible for implementing corrective
4 action plans, when necessary, with the assistance of the Program
5 Director.
6 Qualifications:
7 18.5.4.8 Bachelor’s Degree, preferably in a human
8 services related field or a minimum of two (2) years experience
9 in management or supervision. Two (2) years CalWORKs and/or WTW
10 experience is preferred.
11 18.5.5 Quality Control Manager:
12 Duties:
13 18.5.5.1 Oversees quality assurance programs.
14 18.5.5.2 Ensures the quality of all program
15 related components.
16 18.5.5.3 Oversees the implementation of program
17 policies and procedures, training and staff development.
18 18.5.5.4 Directly supervises staff responsible
19 for the oversight of staff development.
20 18.5.5.5 Responsible for training practices,
21 statistical reports, and financial invoice and billing
22 procedures.
23 18.5.5.6 Provides ongoing group and one-to-one
24 training to direct staff as needed.
25 18.5.5.7 Responsible for human resource
26 practices: recruitment, hiring and training, and payroll
27 18.5.5.8 Oversees County CTR error reports to
28 ensure program integrity.
29
(WAA0109) 22 of 25 (April 1, 2009)
30
31
1
2 Qualifications:
3 18.5.5.9 Bachelor’s Degree, preferably in a human
4 services related field and a minimum of one (1) year supervisory
5 experience or equivalent. Financial and statistical analysis
6 background is helpful. Two (2) years CalWORKs and/or WTW
7 experience is preferred.
8 18.5.6 Subcontract Manager:
9 Duties:
10 18.5.6.1 Responsible for implementing, managing,
11 and monitoring subcontracts for goal attainment, billing and
12 invoice procedure.
13 18.5.6.2 Compiles monthly statistical reports,
14 documentation, receipt records and expenditure reports.
15 18.5.6.3 Conducts site visits.
16 18.5.6.4 Approves support service payments
17 18.5.6.5 Manages customer complaint processes and
18 reporting.
19 Qualifications:
20 18.5.6.6 Bachelor’s Degree, preferably in a human
21 services related field, or two (2) years experience in management
22 and supervision. Two (2) years CalWORKs and/or WTW experience is
23 preferred.
24 18.5.7 Supervisor:
25 Duties:
26 18.5.7.1 Responsible for staff performance,
27 direct participant service delivery, and overall office
28 management.
29
(WAA0109) 23 of 25 (April 1, 2009)
30
31
1 18.5.7.2 Supervision of direct line staff.
2 18.5.7.3 Recruits, hires and trains new staff.
3 18.5.7.4 Conducts ongoing staff development.
4 18.5.7.5 Performs staff evaluations.
5 18.5.7.6 Oversees monthly statistical reports.
6 18.5.7.7 Ensures program quality and integrity.
7 Qualifications:
8 18.5.7.8 Bachelor’s Degree, preferably in a human
9 services related field. One (1) year experience in CalWORKs or
10 WTW or equivalent. Supervisory experience is preferred.
11 18.5.8 Career Consultant:
12 Duties:
13 18.5.8.1 Responsible for accepting all employment
14 support referrals for pre-employment participants, providing
15 CalWORKs Orientation, employment support services, job services,
16 job development and job retention consultation to referred
17 participants.
18 18.5.8.2 Facilitates job search and life skills
19 workshops in a motivational, professional, educational, and
20 cooperative environment to maximize employment success.
21 18.5.8.3 Initiates, updates, and maintains
22 participant file.
23 18.5.8.4 Responsible for documentation, service
24 delivery, outcomes and action plans.
25 18.5.8.5 Responsible for communication with Case
26 Managers via completed referral forms, emails, and phone calls.
27 18.5.8.6 Conducts participant outreach through
28 phone calls, mailings, or home visits.
29
(WAA0109) 24 of 25 (April 1, 2009)
30
31
1 18.5.8.7 Responsible for ensuring the consistency
2 of service delivery to the participant.
3 18.5.8.8 Compiles monthly service delivery
4 reports.
5 18.5.8.9 Assists in establishing employment and
6 educational goals and provides services which assist participants
7 in overcoming barriers.
8 18.5.8.10 Meets with community employers to
9 develop employment opportunities
10 18.5.8.11 Works flexible hours, evenings, and
11 weekends to ensure family and job friendly service hours.
12 18.5.8.12 Provides job development and other
13 services that promote participation in the CalWORKs program at
14 designated CONTRACTOR and ADMINISTRATOR sites.
15 18.5.8.13 Responsible for developing
16 productive relationships with employers and local businesses.
17 18.5.8.14 Identifies and creates job
18 opportunities for participants. Utilizes special efforts to
19 create job opportunities for participants with learning
20 disabilities, English as a second language, or other barriers to
21 employment.
22 Qualifications:
23 18.5.8.15 Bachelor’s Degree, preferably in a
24 human services related field or equivalent and/or one (1) to
25 three (3) years related experience or equivalent. Experience
26 working with the CalWORKs or WTW programs preferred.
27 ///
28
29
(WAA0109) 25 of 25 (April 1, 2009)
30
31
1 18.5.9 Account Specialist:
2 Duties:
3 18.5.9.1 Develops, monitors, and compiles all
4 required statistical monthly reports.
5 18.5.9.2 Measures contract performance and
6 presents statistical reports to managers and supervisors.
7 18.5.9.3 Ensures statistical reporting integrity
8 through review and oversight.
9 18.5.9.4 Supports higher-level accounting staff
10 with accounts payable/receivable, report preparation, financial
11 planning, and maintenance of financial records.
12 18.5.9.5 Prepares and compiles back-up
13 documentation for file and audit purposes.
14 18.5.9.6 Prepares and/or verifies invoices for
15 accuracy and completeness.
16 18.5.9.7 May prepare and/or compile and sort
17 documents. May prepare and/or verify bills for accuracy and
18 completeness. May have payroll related duties.
19 Qualifications:
20 18.5.9.8 Bachelor’s Degree, preferably in a human
21 services related field or high school diploma or equivalent and a
22 minimum of one (1) year supervisory experience. Financial and
23 statistical analysis background experience is helpful.
24 18.5.10 Administrative Assistant:
25 Duties:
26 18.5.10.1 Receives incoming calls, faxes and
27 referrals and disseminates information to appropriate staff.
28 Retrieves and forwards messages from voice mail to the
29
(WAA0109) 26 of 25 (April 1, 2009)
30
31
1 appropriate personnel.
2 18.5.10.2 Provides general information
3 regarding services provided, locations, directions, and other
4 miscellaneous information to callers and walk-ins.
5 18.5.10.3 Greets participants and on-site
6 visitors, monitors visitor access, and guides visitors to the
7 appropriate personnel or location.
8 18.5.10.4 Performs clerical duties, assists
9 with various tasks, and records information in appropriate files.
10 18.5.10.5 Receives, sorts and routes mail and
11 publications.
12 Qualifications:
13 18.5.10.6 High school diploma and/or General
14 Education Diploma (GED); or three (3) to six (6) months related
15 experience, preferably in a human services field and/or training
16 in an office setting.
17 18.5.11 Direct Company Support:
18 Duties:
19 18.5.11.1 Serves as a Program Advisor to this
20 Agreement and provides leadership.
21 18.5.11.2 Visits project sites regularly to
22 ensure quality services are being delivered.
23 18.5.11.3 Ensures contract expectations and
24 goals are being met and exceeded.
25 18.5.11.4 Supports the Program Director and
26 oversees the success of the entire program.
27 Qualifications:
28 18.5.11.5 Bachelor’s Degree, preferably in a
29
(WAA0109) 27 of 25 (April 1, 2009)
30
31
1 human services field or equivalent required and three (3) years
2 supervisory experience is preferred. Experience with CalWORKs or
3 WTW programs is preferred.
4 18.6 ADMINISTRATOR may approve modifications to minimum
5 qualifications for any staff position set forth in this Paragraph
6 18 on a case-by-case basis, if modification is deemed by
7 ADMINISTRATOR to be in the best interests of COUNTY.
8 19. HOURS OF OPERATION
9 CONTRACTOR shall provide service hours that are responsive
10 to the needs of the target population in the region, as
11 determined by ADMINISTRATOR’s WTW Program staff. At a minimum,
12 CONTRACTOR must provide services during business days Monday
13 through Friday, from 8:00 a.m. to 5:00 p.m., COUNTY holidays
14 excluded. In addition, CONTRACTOR, must provide expanded work
15 hours of operation during the evening and on weekends to provide
16 services to participants who are employed during the day, and to
17 provide emergency services as needed.
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
29
(WAA0109) 28 of 25 (April 1, 2009)
30
31
1 ///
2 ///
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(WAA0109) 29 of 25 (April 1, 2009)
30
31