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HomeMy WebLinkAboutStaff Report 262-07TO: BUDGET ’07-’09 City of Palo Alto City Manager’s Repdr HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:JUNE 11, 2007 CMR: 262:07 SUBJECT:APPROVAL OF FISCAL YEAR 2007-09 HUMAN SERVICES RESOURCE ALLOCATIQN PROCESS (HSRAP) CONTRACTS RECOMMENDATION The Finance Committee and staff recommend that Council: 1. Approve the following contracts for fiscal year 2007-09: Avenidas, in the amount of $427,670; Palo Alto Community Child Care, Subsidy Program, in the amount of $433,271; and Adolescent Counseling Services, in the amount of $93,100. 2. Authorize the City Manager or his designee to execute the Human Services contracts and any other necessary documents concerning the contracts. DISCUSSION The Finance Committee conducted a public hearing on April 17, 2007 and heard testimony from the Human Relations Commission as well as many of the HSRAP agencies, including Palo Alto Mediation, Project Sentinel, Avenidas and Palo Alto Community Child Care. The Finance Committee approved the funding recommendations for the contract agencies and recommended -an additional cost-of-living increase of $16,300 to these agencies. The proposed additional cost- of-living-adjustment funding is incorporated in the fiscal year 2007-09 proposed budget of the Community Services Department. RESOURCE IMPACT Funding for all HSRAP contracts are included in the 2007-09 Proposed Operating Budget of the Community Services Department. ATTACHMENTS Attachment A: Attachment B: Attachment C: Summary of Human Services Contracts CMR: 201:07 HSRAP contracts over $85,000 CMR:xxx:07 Page 1 of 2 Prepared by: \ K~THY ESPINOZA~-HOWARD Director of Cubberley Community Center & Human Services Department Approval: Community City Manager Approval: Assistant City Manager CMR:xxx:07 "Page 2 of 2 Attachment A - Revised .2007-2009 Human Services Resource Allocation Process (HSRAP) Finance Committe Funding Recommendations June I 2007 Palo Alto Community Child Care Second Harvest Food Bank ect Sentinel SOLE SOURCE TOTAL Adolescent Counseling Services Alliance for Community Care Bay Area Comm Resources (Youth Community Sv (YCS)) ~ Association for Rehabilitation Health Awareness Council lance (Communit2 Services Care Subsidy Program for Low Income Families Food Distribution: Operation Brown Bag Mediation Services:PA Mediation/Mandatory Response Services Homeless Outreach Program Service and leadership Disability Services Outlet Program Shared Technical Infrastructure $420,216.00 $447,750.00 $420,216.00 $425,720.00 $7,372.00 $ 61,149.00 914,457.00 $90,000.00 $24,000.00 $12,000.00 $ $ 9,000.00 $ 12,300.00 $ 4,492.00 469,625.00 $ 7,372.00 68,923.00 $115,489.00 $30,000.00 $16,800.00 $73,000.00 $10,000.00 $18,000.00 $425,720.00 $7,372.00 $ 68,923.00 $27,000.00 $16,800.00 $42,t53.00 $10,000.00 420,2t6.00 $ 425,720.00 7,372.00 $ 65,641.00 lnnVision (no application)Hot Meals Program $36,000.00 $ 31,000.00 $$ La Comida de California Hot Meals for the Elderly $ 33,000.00 $$ Center Senior Adults Legal Assistance Support Network for Battered Women Health Care for Low Income & Homeless PA Residents Legal Assistance to Elders Services for battered Women 17,000.00 8,800.00 $ $ 34,650.00 18,000.00 9,060.00 34,000.00 18,000.00 9,000.00 45.73% 46.33%o.60o/, 7.t4% !,,0o.0o% $7,454 $7,551 $131 $1,164 $!6,300 $ $ $427,669.65 $433,271.27 $7,502.76 $66,805.32 $ 935,249.00 93,100.00 27,000.00 16,800,00 42,153.00 10,000.00 12,700.00 34,000.00 TO: ATTN:FINANCE COMMITTEE FROM: DATE: SUBJECT: CITY MANAGER APRIL 17, 2~)07 PROPOSED FISCAL YEAR DEPARTMENT: COMMUNITY SERVICES CMR: 201:07 2007-09 HUMAN SERVICES RESOURCE ALLOCATION PROCESS FUNDING RECOMMENDATIONS REPORT IN BRIEF This report transmits the Human Services Resource Allocation Process (HSRAP) A~llocations- Committee funding recommendations for fiscal year 2007-2009 (Attachment A), the Human Relations commission’s HSRAP Priority of Needs for fiscal year 2007-08 (Attachment B) and the proposal summaries submitted for funding consideration (Attachment C). The funding reconamendations will provide $1,214,910 to fourteen programs each year for two-years. In past years, the HSRAP allocation has included a Consumer Price Index (CPI) increase for the recommended agencies. Due to the continued down turn in the economy, staff continues to recommend a temporary ~usp.ension of the CPI increase to the recommended agencies. Staff is not recommending any further reductions to the HSRAP funding program. This report discusses funding criteria, funding rationale and current human service priorities. This report also reviews coordination efforts with the Community Development Block Grant (CDBG) process. RECOMMENDATION Staff recommends that the Finance Committee recommend to Council that: 1. The funding allocations, as recommended by staff and the HSRAP Allocations Committee (Attachment A), be included in the fiscal year 2007-2009 Cubberley & Human Services Division’s contract budget. 2.The Council approve the contracts that are $65,000 or greater as identified in Attachment A. 3.The City Manager or his designee be authorized to execute the Human Services contracts and any other necessary documents concerning the contracts. BACKGROUND Since 1983, the HSRAP process has identified community service needs that determine City funding for human services (CMR: 147:83). In 1993, Council directed staffto review the HSRAP process for CMR: 201:07 Page t of 4 the purpose of strengt~hening the process and to return with a plan (CMR: 143:93). In response to Council direc%ion, staff returned with a HSRAP implementation plan (CMR: 118:99). The City’s Human Relations Commission (HRC) participates in identifying human service needs through the information provided by the community at the HRC monthly meetings and by hosting community forums. The needs assessment activities assist in establishing bi-armua! priorities of human service needs for the Palo Alto community. The Allocations Committee comprised of Human Services staff, Planning Department staff and a representative from the HRC reviews and analyzes the merits of the funding requests and provides funding recommendations based on established funding criteria and the bi-annual priority of needs. The HSRAP Allocations Committee recommendations are reviewed by City administration and are then forwarded to Council for consideration and approval. FY2007/09 HSRAP Process September 14, 2007 the HRC set the HSRAP Priority of Needs for the HSRAP Request for ProPosals process (Attachment B). October 5, 2007 Request for Proposal documents released to the public. November 2, 2007 HSRAP staff holds a bidder.’s workshop jointly with the staff of the city’s Community Block Grant (CDBG) to answer any questions that the non-profit community had for the PrOPosal submission process. -- December:8, 2007 proposal submission deadline for both HSRAP and CDBG proposals. January 16, 2007 HSRAP Allocations Committee begins to review proposals and allocate the $1,214,910.00 in funding. March 13, 2007 the Allocations Committee’s funding proposal is reviewed.by the City administration. - - March 20, 2007 the HRC, at a special meeiing, reviews the HSRAP funding allocations. The HRC comments on the funding allocations are documented in thi’s CMR. DISCUSSION The FY 2007/09 funding process included the following components: 1.Cubberley Community Center and Human Services Division staff and the HRC conducted meetings on health care, child care and emerging needs in the community as part of the HRC’s regular monthly meetings. The HRC and the Palo Alto Mediation Program hosted a Tenant Rights Forum this past year as well. ’ The Request for Proposals (RFPi pro~ess has been expanded to a wider distribution base in order to reach a more diverse and a greater number of providers. The RFP was made available online to increase accessibility to the document. 3.The HSRAP andthe CDBG processes were coordinated to maximize resources and streamline the City’s human services funding approach. Coordination involved specifying .what funding requests each fund would entertain, adopting the same request for proposal schedule and conducting a joint bidder’s workshop for interested non-profit providers. 4.HSRAP funding request, for a two-year period, were reviewed to determine ifttiey addressed the community Priority of Needs established by the HRC for fiscal year 2007-2009. Proposals that CMR: 201:07 ....Page2 0f4 . did not address the priority of needs were removed from further i]anding consideration. Sole Source. Contract Agencies Pa]o Alto Mediation Program, Avenidas, Palo Alto Cornmunffy Child Care and Second Harvest Food BarA, which provide mediation, senior sere/ices, child care subsidies and food respectively are sole. source contract agencies because they meet the criteria as set forth in CMR: 1 ] $ :99, "Proposed Human Services Resource Allocation Process (HSR_AP) Implementation Plan". This plan allow for consideration for funding of on-going services when the service meets the City of Pato Alto target population needs as described in the City’s Comprehensive Plan or Consolidated Plan. Services to seniors, children, youth, conflict/resolution and food were established as priority needs. The two- year program proposals will be reviewed and contracts will be renewed contingent upon meeting performance objectives and standards. Staff reviews contracts on a quarterly basis each year. FY 2007109 HSRAP Funding Recommendations Council policy, enacted in 1993 (CMR143: 93), limits available funds to $1,214,910 and does not include a CPI for fiscal year 2007-2009 for the HSRAP base budget. Sole Source Agencies are recommended for $914,457. The funding recommendations, over $65,000 and that need City Council approval are as follows: : "Avenidas, which p}ovides a comprehensive systemof services to senior citizens, i=s recommended for $420,216. []Palo Alto Community Child Care (PACCC), which administers the City subsidy for child care to low-income families, is recommended for $425,720. The funding for other non-sole source HSRAP requests is $300,453. Ten non-profit agencies are recommended for HSRAP funding. Only one agency, Adolescent Counseling Services, has recommended funding over $65,000 and therefore requires Councit approval. This agency is recommended for $93,100 to provide comprehensive set.vices to studen.ts and families in the Palo Alto Unified School District’s secondary schools. The attached spreadsheet (Attachment A) identifies the other agencies that are recommended for -funding and whose funding is less than $65,000 dollars. Attachment A is provided for Council’s information only. ALTERNATIVES TO STAFF RECOMMENDATION The City ofPalo Alto’s Human Relations Commission (HRC), at their meeting on March 20, 2007, approved the Allocations Committee’s funding recommendations (Attachment A). The HRC also recommended that the City Council fund the Palo Alto Mediation Program at its r6quested funding level of $68,923 and that the allocated funds come from the City’s General Fund. RESOURCE IMPACT The HSRAP funding recommendations wiil provide $1,214,910 in General Fund support to 14 programs, ten HSRAP agencies and four sole source agencies. The HSRAP funding recommendation of $1,214.910 is reflected in the Community Services Department’ s proposed budget for 2007-2009. CMR: 201:07 Page 3 0[4 Upon appro-,~al by the City Council, sza~ will ~mahze the agency contracts ~d fianding wi!! beg~n July !, 2007. ENVIRONMENTAL NEVtEW This program is not a project as de~med Dy _he California Environmental Q~aalit~j Act (CEQA) and is not subject to CEQA requirements. ATTACHMENTS Attachment A: HSRAP 2007-09 Allocations Committee Funding Recommendations Attachment B: Human Relations Commission HSRAP Priority of Needs FY 2007-09 Attachment C: Proposal Summary. Sheets PREPARED BY:KATHY ESPINOZA-HOWARD, Director of Cubberley Community Center and Human Services Division DEPARTMENT HEAD :. Dire ctor/of}2 ommunity Services !,i~k/! CITY MANAGER APPROVAL: Assistant City Manager Palo Alto Human Relations Commission All HSRAP Applicants CMR: 201:07 Page 4 of 4 Attachment A 2007’2009 Human Services Resource Allocation Process (HSRAP) Human Relations Commission’s Funding Recommendations to Finance Committee To, tal...,Funding available for FY 07-09: (F~ 0,7-08 -$1,214~9t0.00, FY 08.09,$1~,~14,910.00) ’ ’ April 17, 2007 No.I 1 -5 6 8 9 10 12 13 14 SOLE SOURCE $914,457 Aven’ida~ Palo Alto Community Child Care Second Harvest Food Bank Projec.t S.ent!ne! SOLE’SOURCETOTAL HSRAP;, $30’0,453 ". !Adolescent Cou~s~!.ing’.services .............. ..’ Alliance for Co..mmunity Care Bay Area Community Resources (Youth community Sv (YCS)) Community Association for Rehabilitation Community Health Awareness Council Community Technology, Alliance. (Commun.ity Voice Mail) Senior Sew’ices ’" Child Care Subsidy Program for Low Income Families Food Distribution: Operation Brown Bag Mediation Se~.ice.s:PA Mediation/Mandatory Response On C~mpus Counseling services Homeless Outreach Program Service and leadership Disability Services Outlet Program Shared Technical Infrastructure -2005-07 Contract Amount One-time Funding¯ Appropriation for 2005-07 420,216.60 425,720.00 7,372.00 61,149.00 1914,457.oo $..90,000.00 $24,000.00$12,ooo.oo $40,353.00 $9,OOO.0O $’ 12,300.00 $ 4,492’:00 $ ,4,492.00 2007-09 r Age.c~,s Request for Fuudiug $ 447,750.00 $ 469,625.00 $ 7,372.0O $ 68,923.0.0 $ 9.93,670.00 $ 115,~,89.00 $.30,000.00 $16,800.00 $.73,000.00 $10.,.000.00 .$.18,000.00 2007.09 Proposed Fundiug Recommendatim~s: $420,216.00 $425,72O.OO $.7,372.00 $61,149.00 $ 9.1~,457.00 $93,t00.00 $.’ 271000.00 $~8,800.00 $’4~’153.00 $~0~000.00 $12z700.00 One-time Funding Recommendal ion for 2007-0! $4,492.0~ $4,492.0~ Downtown SWeets Team .(NEW) ... The Health Trust (NEW) lnnVision La Comida de California 15!MayView Health Center 16i Opprotun..!.t~ Health Partners (NEW) 17 Parents Helping Parents (PHP) (NEW). 18 Senior Adults Legal Assistance 19 Support Network for Battered Women HSRAP TOTAL HSRAP &’ SOLE SOURCE TOTAL Downtown Streets Team IMeals on Wheels Hot Meals Program Hot Meals for the Elderly . Health Care for Low Income & Homeless PA Residents Opportunity Health Care(alcofiol & drug treatment ]program) C0mmuni~ &. Family Services Legal Assistance to ,Elders Services for battered Women $36,000.00 $33,000.00 $ 1~,000.00 $ 8,80O.O0. $ ,18,000.00 $.. 300,453.00 $ 1,214,910.00 :..,. 3 ,ooo.oo 100,000.00 9,702.00 34~650.00 18,000.00 50~000.00 ~o,ooo.o9 9,060.00- $. 372,991.00 $ t,366,66t.00 $ $ $ $. $ $ $ $ $ 37,700.00 341000.00 ~8,o00.00 9,ooo,o6 300,453.00 ~,2~4,9~0.00 $ 4;492.00 HSRAP PR~OR3~TtES 2907-2909 HEALTHCARE o MENTAL HEALTH o DISABILITY SERVICES o PREVENTATIVE SERVICES/WELLNESS SERVICES HOMELESSNESS/HOUSING SENIORS FOOD EMERGENCY SERVICES o RAPE CRISIS o DOMESTIC VIOLENCE o RENTAL ASSISTANCE YOUTH o COUNSELING o COMMUNITY SERV.ICES DIVERSITY/TOLERANCE o COMMUNITY BUILDING PROPOSAL SUMMARY Fiscal Year 2005-06 Agency: Avenidas Name of Program: Senior Services Address: 450 Bryant St.City: Palo Alto Zip Code: 94301 Contact: Lisa Hendrickson, President/CEO Phone: (650) 326-5362 2005-06 Funding Requested $ 447,750 1. Proposal Summary: Identify the priority area of need met by this program, the program goals and objectives, how it benefits Palo Alto residents, and how the program effectively utilizes existing resources through collaborative efforts. Identify the Wiority area: Senior Services List Goals & Obiectives: Goal #1: The Palo Alto community wil! have a comprehensive local resource for seniors and caregivers that identifies their needs and designs and delivers programs and activities to meet these needs and interests. Goal #2: Senior adults will be supported in their efforts to maintain and improve their functional ability to remain in their own homes. Goat #3: Caregivers, particularly spouses and adult children, will be supported in their work of providing in-home care to less independent seniors. Goal #4: Older adults will receive assistance in maintaining their homes, keeping them safe and in good operating co.ndition at an affordable cost. Goal #5: Senior adults will be ~upp~rted in maintaining or improving their health and level of fitness. Goal #6: Seniors will achie~ze greater satisfaction in life and improved emotional w~ll-being. Goal #7: Seniors and caregivers will be supported intheir searchfor information about, and assistance with, complex and ever-changing issues and problems associated with aging. Methods: Operate a senior center and a senior day health center offering a full continuum of services and activities for caregivers, independent seniors and frail, less-independent’seniors. Population Se~-ved: Avenidas serves older adults, age 50 or older, and their family members and caregivers from all of Palo Alto. In recent years, the agency has served approximately 3,000 unduplicated Palo Alto residents. Programs are utilized by residents of all incomes, but participants tend to be of a lower-income than that of the community at large. Many participants are disabled. 3.Budget Narrative: Approximately 54% of the funding ~vill be spent on salariesand benefits. Another 24% will spent on direct program expenses. The remainder will help offset facility and administrative expenses. Funding Diversification: The agency will leverage the City’s funding 8 times, through fundraising from the community, progra,rn fees, and other contracts. In 2005-2006, the agency expects to raise $794,000from the community, receive $700,000 in fees, receive $435,000 from M~di-Cal, receive $50,000 in contractual income from the two counties, and benefit from in-kind contribution~ valued at $278,000. Human Se,~ices Resource Al~ocation Process (HSRAP) Request for Pro~3osals #108795 PROPOSAL SUMMARY Fiscai Year 2005-06 Agency: Pato Alto Community Child Care Name of Program: Child Care Subsidy Program for ’ Low Income Families Address: 3990 Ventura Ct.City: Palo Alto Zip Code: 94306 Contact: Margo Dutton 2005-06 Funding Requested $469,625 Phone Number: {650) 493-2361 Clearly and concisely summarize your request. Use the space provided on this page only. 1.Proposal Summary: Identify the priority area of need met by this program, the program goals and objectives, how it benefits Palo Alto residents, and how the program effectively utilizes existing resources through collaborative efforts. Identify the priority area: Child Care Subsidy Program for Low Income Families and Additional Subsidized Child Care Slots;. List Goals & Objectives: Please refer to Proposal Narrative for complete list of goals and methods.. Goal #1: Increase # of children and families served by CPA Subsidy program by 10% Goal #2: -:, Maximize the use of cNId care subsidy funds administered by other sources, including funding sources for family services to support the speCial needs of low-income families Goal #3: etc. Increase outr&ach to and professional development of child care providers in the community through the ¯ Provider Connection that will result in increasing the # of affiliate programs. Objective #1 : Streamline data collection and eligibility tracking to insure appropriate.enrollments. Objective #2: Build collaborations with agencies administering funds for service for special needs population served by P.A. Subsidy program. Objective #3: etc. Organize and participate in professional development collaborations including First Five and Institute for Professional Development initiatives. Methods: Method #1 : Increase funding levels of subsidy program by increasing internal and external fund development efforts. Method #2: Increase the # of collaborative efforts with other childcare and family service agencies Method #3: etc. Contintje providing training, support and incentives to Child Development Providers. Population Served: Describe the population served by the proposed.program. Include the area of Palo Alto served, the number of unduplicated Palo Alto residents served, whether it serves low-income residents and any other relevant information. The Subsidy Program currently serves 135 children from low -income families residing throughout Palo Alto with the largest proportion of families living in Ihe Ventura corridor. Ethnicity: 52% Latino/Hispanic, 23% African American, 20% Caucasian, 4% Asian/PI &1% other. 17% of [he children are Special Needs, 55% English is a second language, 67% of children come I~rom Single Parent Households. Budget Narrative: Describe specificaliy how the requestedfunding will be used. Of the $469,625 requested, $375,242 will be used for direct subsidy. Families may use the direct subsidy to enroll their children in any approved Child Care Center or Family Child Care Home in Palo Alto. The remaiNng $94,383 supports the direct services to families, salaries~ and other operaling expenses representing 9% of the total cost of the program. The $469,625 represents a !0% increase over 2003-04 funding levels. The 10% increase will be used to increase the # of subsidy slots. Funding Diversification: Summarize how your agency plans to leverage the funding from the City and diversify funding for this program. The $469,625 from the City represents 35% of the total funding of the Subsidy program. The State Department of Education contribution is 40% and agency generated funding (including in-kind con[ributions) represents 25%. 24 Page 24 of 36 Human Se~ices Resource Al~ocation Process (HSRAP) Request for Proposals #108795 PROPOSAL SUMMARY Fiscal Year 2005-06 Agency: Project Sentinel Address: 430 Sherman Avenue #308 Contact: Martin .Eichner 2005-08 Funding Requested $ 68,923 Name of Program: PA Mediation/lVlandatory Response City: Palo-Alto Zip Code: 94306 Phone Number: (40~) 720-9888x106" Clearly and concisely summarize your request. Use the space provided on this page only. 1.Proposal Summary: Identify the priority area of need met by this program, the program goals and objectives, how it benefits Palo Alto residents, and how the program effectively utilizes existing resources through collaborative efforts. !dentif?’ the prioritV area: Mediation services, mandatory response program, landlord-tenant counseling List Goals & :Objectives: : Goa~ #1 : Provide dispute resolution to residents, propertyowners, employers, employees Goal #2: Administer a mandatory response program for tenants and landlords Goal #3: etc.Provide counseling, information and referral to tenants and landlords & other residents Objective #1: Respond to 850 telephone or in-person requests for counseling, information, referral Objective #2: Open 150 cases for mediation,dispute resolution, either voluntary or mandatory Objective #3: etc. Materials to 100 individuals, 8 presentations, 12 PSAs, update city’s Tenant Guide Methods: Method #1: Provide all services at above address, Mon-Fri 9am to 4 pm Method #2: Provide support to volunteer mediator panel, train mediators for mandatory program Method #3: etc. Maintain call and case records, provide quarterly and special reports to HRC, city Population Served: Describe the population served by the proposed program. Include the area of Palo Alto served, the number of unduplicated Pal0 Alto residents served, whether it serves low-income residents and any other relevant information. Entire city, all residents, 850 unduplicated callers, 60% of requesting parties low or very low income Budget Narrative: Describe specifically how the requested funding will be used. Staff and management salary, training mediators, community outreach, administrative overhead Funding Diversification: Summarize how your agency plans to leverage the funding from the City and diversify funding for this program. The agency uses county DRPA funds, in-kind contribs,training/fac.ilitation contracts, general funds 24 Page 24 of 36 Human Services Resource AJlocation Process (HSRAP) Re quest fo~ Proposals #108795 PROPOSAL SUMMARY Fiscal Year 2005-06 AgencY:Second Harvest Food Bank of Name of Program: Operation Brown Bag Santa Clara and San Mateo CountiesAddress: 750 Curtner Avenue City: San Jose Zip Code: Contact: Beth W. DeWolf, Director of Developmel Phone Number: (40~) 694-0025 2005-06.Funding Requested $ 7,372 Clearlyand concisely summarize your request. Use the space provided on this page only. 1. 95125 Proposal Summary: Identify the. priority area of need met by this program, the program goals and objectives, how it benefits Paid Alto residents, and how the program effectively utilizes existing resources through collaborative efforts. Identify tl~e priority area:Food Distribution List Goals & Objectives: Goal #1:Provide groceries to low-income seniors, including those who are homebound. Goal #2:Conduct nutrition and consumer safety workshops/activities and distribute newsletters Goal #3: Provide volunteer c~pportunities at the ~Jistribution site and at the San Jose Distribution Center Objective #1: Keep 175 seniors from going hungry by providing one bag of groceries once a week Objective #2: Each quarter, provide one workshops/activity and distribute one newsletter Objective #3: Provide 12 volunteer" opportunities each week Methods: Method #1 :Each week cases of food are loaded onto trucks at the Distribution Center for scheduled delive] Method #2: Quarterly activities are presented by the Food Bank Community Nutritionist Method #3:Members assist the driver in unloading, bagging, and distributing groceries to program member Population Served: Describe the population served by the proposed program. Include the area of PaiD Alto served, the number of unduplicated Palo Alto residents served, whether it serves low-income residents and any other relevant information. In the City of PaiD Alto, 175 unduplicated low-income senior residents will be served by the program. .Budget Narrativ.e: Describe specifically how the requested fundi.ng will be used. $7,372 will be used for budget line item:.Salaries/Benefits/PayrolI.Taxes Funding Diversification: Summarize how your agency plans to leverage the funding from the City and diversify funding for this program. We raise our revenue from donations from the community, which include individuals (47%), foundations (21%), corporations (16%), and organizations (16%). 24 Human Sea,ices Resource A_llocadon Process (HSP P) Reques for Proposals #i19622 PROPOSAL SO ~g]~]ARY F~sc~ Ye~ 2007-08 Agency: Adolescent Counseling Services Address: 4000 MiddleSetd Road, Suite FK Contact: Sl~ez~y Lylm Pe~alta, MSW, Development Director Name of Program: On-Campus Counseling gem-ices City: P,-tlo ~Mto Zip Code: 94303 Phone Number: (650) 424-0852 ext. 103 2007-08 Funding Requested: $115,489 Cleady and concise{y summarize your request. Use the space provided on this page on]y. 1. Propose[ Summary: Identify the priority area of need met be this program, the program goals and objectives, how it benefits Pa]o Alto residents, and how the program effectively utilizes existing resources through collaborative efforts. identify the priority area: The ACS On-Campus Counseling Program addresses several of the HSR_&P First Priority of Needs, including: Access to mental health sea,,ices for loxv income population, crisis counseling for youth, and crisis counseling services for gay and lesbian teens. List Goals & Obiectives: Goal #1:To address issues that impede the personal g<owth and academic success of Palo Alto youth md to provide professional training to the next ge,~eration of mental heal th clinicians in our communi{y. Objective #1" Objective #2: Objective #3: Methods: MethoqJ #1: 50% of the smde.nts seen, five or more times will either m,"dntain or improve thei~ grades. 70% of the students seer{ five or mo~e times will improve their level of fi.mctioning. : 80% of the students seen five or more times will ~eport that the counseling d~ey received was "helpfu!" or ’ve~’~elpful". A licensed MFT or CSW serves as Site Director at each of 5 secondary schools. Combined, they provide licensed supe,~,’ision to 14-18 graduate school-level counseling interns. Both directors a_nd interns provide free on-site individual, family and g~oup counseling to students and their families. Method #2: ACS will collaborate with the Palo Alto Unified School District (PAUSD) to provide free counseling services and p{evention education, xvorking with school administ}adon and staff to ensure coordination of ca~e for students, appropriate referrals to community resources, and critical education to parents and students in PaJo _Alto. Method #3:A.CS provides extensive.pro.fession~ training to 14-18 counseling interns, utilizing outside professionals in the field of mental health and psychotherapy to offer cutting-edge education in at least 40 hours of training annually. 2. Population Served: Describe the population served by the propos, ed program. Include the area of Pa!o Alto served, the number of unduplicated Palo Alto residents served, whether it serves low-income residents and any other relevant information. z\CS helps Palo Alto youth be successful through approximately 2,500 individual, group and parent and/or family sessions. At least 550 unduplicated Palo Alto residents will benefk from our counseling .and out~each services in the coming year. ACS ’On-Campus Counseling_ -P-K~ram serves ~-~u-YdEBT~-~h-B-gfg&-fi-d-iKe--fiVe-{g~75~-d~’~-~h-~i~-~--g~i~£~To, with 80% iesiding in Palo Alto a~d 12% in East Palo Alto. Twenty-three percent (23°/0) of those served come from lo~x~-income families. Our clients also reflect the diversity in our communiw: 46% Caucasian, 23% Latino, 14% Asian/Pacific Islander, 6% African-American, and 11% Mixed or other. 3. Budget Narrative: Describe specifically how the requested funding will be used. ACS is requesting funding to support out" On-Campus Counseling Program b~ all five of the secondary schools of Palo Alto, including Gunn and Palo Alto High Schools and Terman, JLS and Jordan Middle Schools. Five (5) licensed Program Directors will provide on-site supervision to 14-18 counseling interns and.provide se~.’ices to more than 650 students in Palo Alto. Funding cove~s the cost of individual, family and group counseling, crisis intervention, prevention education, planning and coordinatio,~ with guidance and other school staff, and on-going professic)nal training and supervision o~" clinical interns. 4. Funding Diversification: Summarize how your agency plans to leverage the funding from the City and diversify funding for this program. The projected b~dget for the OCC Program in Palo ,Alto for fiscal year 2007-2008 is $412,445, including the $90,000 of in-kind services xve receive from the 1’4-18 interns in the P~\USD. \~"ith $115,489 of support from the City of Palo Alto, ACS can attract funding from community o~ganizations, foundations and cqrporations. The partnership xvith the City communicates to potential funders that ACS and the OCC Program are viable and critical services in our schools, attracting funders such as the Palo Alt~ Weekly Holiday Fund, Gr.eater Bay Bancorp, Palo Alto Communi,ty Fund, School PTAs mad Site Councils. In addition to seeking this institutional support, ACS continues to broaden our individual contributors through successful annual Wing campaigns and special events. Funding ~-rom the City of Palo Alto in the amount of $115,489 is instruments] in providing critic,ql intervention and counseling services to the ~,outh of Palo _Alto. Human Se~wices Resource Allocation Process (HSK&P) Reques~ fo~: P,oposats # 119622 Agency:ALLIANCE for Community Care Address:438 N. White Road Contact:Paul Taylor/Jerry McCann 2005-06 Funding Requested $ 95,033.44 PROPOSAL SU Mi~4ARY Fiscal Year 2007-08 Name of Program: Homeless Outreach Program City: San Jose, CA Zip Code: 95127 ~hone Number: (408) 26i-7777 & (408) 938-8500 Clearly and concisely summarize your request. Use the space provided on this page only. Proposal objectives, how it benefits Palo Alto residents, resources through collaborative efforts. Summary: Identify the priority area of need met by this program, the program goals and and how the program effectively utilizes existing Identify the priority area: ’ Access to Mental Health Services for Low Income Population List Goals & Objectives: Goal #1: Provide outreach services to homeless individuals with mental illness. Goal #2: Provide intervention assistance and training to public agency staff. Goal #3: etc. Provide referrals and ongoing support for unhoused individuals with mental illness. ’ Objective #1: Make 1,100 contacts with 80 unduplicated individuals, 45 of whom have a mental illness. Objective #2: Refer 28 to mental health services and/or other social services. Objective #3: etc. Methods: Method #1: Make continuous contact with the unhoused population at various Palo Alto sites. Method #2: Conduct a brief mental health assessment and make appropriate referrals. Method #3: etc. Provide effective support and follow-up, including full documentation. Population Served: Describe the population served by the proposed program, lriclude the area ~f Palo Aito served, the number of unduplicated Palo Alto residents served, whether it serves low-income residents .and any other relevant information. Unhoused adults in Palo Alto with mental illness, all of whom will have very low or no income. Budget Narrative: Describe specifically how the requested funding will be used. Funding will support outreach to homeless persons with mental illnes~ and assistance to City agencies. 23 4o Funding Diversification: Summarize how your agency plans to leverage the funding from the City and diversify funding for this program. This program is coordinated with and benefits from County of Santa Clara funding for ALUANCE for Community Care. Supplemental Questions What services do you provide.that is unique and no othe~ agency p#ovides these services in Palo Alto? b.What do you consider as immerging service issues? c.if you are currently providing services to Palo Alto, how many people are you.serving? 2= 4o Proposal Summary: Identify the priority ar~a of need met by this program, the program goals and objectives, how it benefits Palo A~to residents, and how tl~e program effectively utitizes existing resources through collaborative efforts. Identify the priority area: "Individual and family life," with "E~asic matedal heeds" also addressed through youth service. HSRAP priority area: "Y6uth." List Goals 8( Obiectjves: Goal #1: To increase self-esteem and involvement with school and community through service. Goal #2: To increase opportunities for cross-cultural interaction and appreciation. Goal #3: To. provide active learning opportunities for issue awareness and youth leadership. Goal #4: Td provide transition opportunities for students moving from middle to high school Objective #1: To strengthen our after school service clubs in Palo Alto middle’ and high schools. Objective #2: To expand our Freshmen Leadership Corps programming through our Summer of Service (SOS).camp, Objective #3: To expand large-scale speci.al family service days and monthly service day events. Methods: , Method #1: Weekly school-based, after scl~ool ¥CS service clubs that’address community needs. Method #2: Active learning experiences for youth in leadership, facilitation, planning and diversity. Method #3: Intensive summer camp experiences in service, learning, transition and leadership development. Population Served: Describe the population served by the proposed program. Include the area of Palo Alto served, the number of unduplicated Palo Alto residents served, whether itI serves low- income and any othei" relevant information. Directly serve 230 diverse, undupli~ated middle and high school students, from all areas, income levels.of Palo Alto. Impact up to 1,000 students through service and learning activities organized through YCS middle and high school leaders. ¯ Budget Narrative~ Describe specifically how the requested funding will be used, Requesting $16,800 to support salaries for YCS staff, including full and part-time youth program staff. Funding Diversification: Summarize how your agency plans to leverage the funding from the Cit~ anddiversity funding for this program. In-kind assistance from City and school distdct partners plus foundation and individual funds leverage the g[dnL Supplemental Questions: a. What services do you provide that is unique and no other agency provides these services in Palo Ait0? YCS is designated by the State Dept. of Education as the service learning lead in our five county region. We bring service learning expertise to our youth programs and bdng together diverse communities. b.What do you consider as emerging service issues? Transition and stress support for students entedng high school. Opportunities for youth to interact across increasingly segregated housing and quaint3, education patterns. c.If you are currently providing service to Palo AIto, how many people are you serving> We impact up to 1,000 Palo Alto youth overall, through service and learning activities organized through YCS middle and high school leaders. Request fo~ Ptopos~s # 119~22 Agency: Community Association for Rehabilitation Address: 525 E. Charleston Rd. Contact: Linda Chin 2007-08 Funding Requested $ 73,000 PROPOSAL SU~II~ARY Fiscal Year 2007-08 Name of Program: Disability SepJices City: Palo Alto Zip Code: Phone Number: (650) 618-3329 94306 Clearly and concisely summarize your request. Use the space provided on this page only. 1.Proposal Summary: Identify the priority area of need met by this program, the program goa~s and objectives, how it benefits Palo Alto residents, and how the program effectively utilizes existing resources through collaborative efforts. Identify the priority area.: Hea~thcare-disability services and preventative/wellness services, Seniors, and Youth-community services List Goa~s & Obiectives: Goal #1: To provide education services to PA residents, birth to old age, who have developmental disabilities Goal #2: To build:physical health and independence for PA residents by providing affordable services for rehabilitation, prevention and wellness Goal #3: To build strong families by supporting parents in PA in caring for a child or adult who has special needs, and providing opportunities for recreation, socialization and community integration Objective #1a: To provide 700 hours of Children’s Services ( early intervention to infants) #1b: To provide 5,500 hours of Adult.Services (job coaching/placement, and independent living skill training) Objective #2: To provide over 4,500 hours of affordable aquatic therapy to Palo Alto seniors . Objective #3: To provide over 2,500 hours of Family Services (in-home respite care, center-based afterschool care, recreational activities, and socialization training in the community) Methods: Method #1: Children’s Services (Infant Early Intervention) and Adult Services (Employment/Independent Living Skills) Method #2: Aquatic Therapy Method #3: Family Support Services (Afterschool Care recreation and socialization, and Home Respite services) 2.-Population Served: Describe the population served by the proposed program. Include the area of Palo Alto served, the number of unduplicated Palo Alto residents served, whether it serves low-income residents and any other relevant information. Over 438 unduplicated residents of PA & EPA who have disabilities or are elderly, most are. of low/middle income 3.Budget Narrative: Describe specifically how the requested funding will be used. Staff salaries and operating expenses to provide direct services to clients. 4. Funding Diversification: Summarize how your agency plans to leverage the funding from the City and diversify funding for this program. We will leverage funding for support from Sunnyvale, United Way Silicon Valley’ and our donors 5.Supplemental Questions a. What services do you provide that is unique and no other agency provides these services In Pa!o Alto? No other agency serves all ages of developmental disabilities with bilingual services in PA b.What do you consider as immerging service issues? Increasing numbers of referrals for infants at risk of developmental disabilities c.If you are currently providing services to Palo Alto, how many people are you serving? Over 438 23 Reqnest for Proposals #119622 PROPOSAL SUMMARY FiscN Year 2007-08 Agency: CommuniV Health Awareness Council Address: 711 Church St. Contact: Shannon Turk, Outlet Director 2005-06 Funding Requested: $10,000.00 Name of Program: Outlet Program City: Mountain View Zip: 94041 Phone Number: (650) 965-2020 ext. 22 1. Proposal Summary: Priority Area: ¯ 1. YOUTH - Counseling, Crisis Counseling, and Community Building Services for Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ) Teens. 2.DIVERSITY/TOLERANCE - Sensitivity Trainings on LGBTQ youth issues to build a more tolerant and accepting community. Goals & Obiectives: Goal #1: Goal #2: Goal #3: Increase Palo Alto LGBTQ teens’ feelings of self worth and pride. Reduce Palo Alto LGBTQ teens’ high risk-taking behaviors such as iliicit drag find alcohol use. Increasing awareness and support for LGBTQ youth needs in their schools in collaboration with Palo Alto Unified School District LGBTQ Issues Committee. Objective Objective Objective #1: Provide monthly outreach to. at least 45 Palo Al~o LGBTQ teens. #2: Deliver direct support services including the weekly support group, counseling, and mentoring to at.least 30 Palo Alto LGBTQ teens. #3:Provide LGBTQ sensitivity trainings for 400 staff and students at 12 PAUSD elementary, middle, and high schools. Methods: Method #1: Monthly Outreach and Education Method #2: Weekly Support GrouP i’Vlethod #3: Counseling Method #4: Group Mentoring Method #5: Sensitivity Trainings 2.Population Served: The Outlet Program serves lesbian, gay, bisexual, transgender, and questi6ning youth ages 13-18. The program targets 45 Palo Alto teens living in all areas of Palo Alto. Teens represent all gender, ethnic, religious, and socio-ecofiomic backgrounds. In addition, we are targeting 12 PAUSD schools with LGBTQ sensitivity trainings to create safe and successful learning environments for LGBTQ youth. 3.Budget Narrative: We are requesting $10,000 t0provide monthly outreach, weekly support group, counseling, and mentoring for LGBTQ youth and sensitivity training for 12 PAUSD schools. Of the $10,000, Outlet intends to use $8,800 for Salaries, Benefits and Payroll taxes for 2 Outlet staffmembers who provide the direct support services to Palo Alto youth and training workshops for adults. The additional $1,200 will cover costs of program operation, travel, printing and phone/utilities--all costs associated with communicating with and serving Alto residents. Haman Se~ices Resource Al~ocation Process (HSRAP) . R~quest for Proposals # 119622 PROPOSAL SUMMARY Fiscal Year Agency: Community Technology Atliance Address: 115 E. Gish Rd. #222 Contact: Betsy Arroyo 2005-06 Funding Requested $18,000 Name of Program: Shared Technical ~nfrastructure City: San Jose Zip Code: 95112 Phone Number: (408)437 9187 Cleady and concisely summarize your request. Use the space provided on this page only. 1. ~Proposal Summary: Identify the priority area of need met by this program, the program goa~s and objectives, how it benefits Palo Alto residents, and how the’program effectively utilizes existing ¯ resources through collaborative efforts. 4o Identify the priority area; Home~essness and Housing: Homeless and at risk clients served by our programs include youth seniors, domestic violence victims, the mentally and physically disabled and the services offered by our partners include food and rental assistance. List Goals & Objectives: : Goal #1: Unhoused and at-risk Palo.Alto residents without access to telecommunications better connect to opportunities: for jobs, income, housing and health care. Goal #2: Unhoused and at-risk Palo Alto residents gain information about appropriate subsidized housing. Goal #3: Unhoused and at-dsk Palo Alto residents receive more holistic care and improved access to the broad array of services offered by our community’s Continuum of Care. Objective #!: Opportunities for self sufficiency increase for 40 homeless and at-dsk Palo Alto residents assigned Community Voice Mail numbers by case managers at partnering programs. Objective #2:200 low income residents search for subsidized housing in Palo Alto via www.HousingSCC.org. The website contains information about 1,000 subsidized units in Palo Alto. Objective #3: Palo Alto based homeless service and housing providers use the collaborative client, intake and data collection tool - HMtS SCC. Policy makers gain insight to the needs and demographics of the unhoused and which services, and combination of services, better shorten episodes of homelessness. Method #1: Provide and maintain the phone lines, technology and materials required for Community Voice Mail, and support, training and monthly client progress reports required by partnering case managers and clients. Method #2: Provide and maintain the HousingSCC website. Outreach the site to Palo Alto based agencies. Method #3: Provide and maintain the web-based HMIS SCC database. Train and support Palo Alto based partners, Report to policy makers on demographic of and services provided to homeless clients. Population Served: Describe the population served by the proposed program. Include the area of Palo Alto served,-the number of unduplicated Palo Alto residents served, whether it serves low-income residents and any other relevant information. Two percent of the homeless (and presumed low income by HUD standards) clients in the HMIS database claim a last permanent address in Palo Alto. Budget Nar.rative: Describe specifically how the requested funding will be used. Funds will be used for direct program expenses including staff salary and benefits, expenses, travel to Palo Alto and required training materials and a portion of our audit expense. Non-personnel direct program expenses including in the following budget as Program Operating Expenses include 16,200 for server colocation; 53,067 for so~vare operating licenses and annual support for project partners, 6,240 networking and hosting fees; 10,555 for voice mail lines; 2,400 for bandwidth; 12,930 for security and disaster recsvery; 6,240 for networking and hosting; and 5,146 for partner agency training materials, supplies and scan card technology. Funding Diversification: Summarize how your agency plans to leverage the funding from the City and diversify funding for this program. This request represents three percent of funds required to provide services to Santa¯ Clara County residents, comparable to Palo Afro’s share of the County’s population. Other anticipated renewals include HUD ($289,254) and the City of San Jose ($154,843). Other jurisdictions that have offered support include the County of Santa Clara and Cities of Gilroy and Santa Clara. We plan to ask the City of Mountain View for support this year. Supp{ementat Ques’tions a. What services do you provide that is unique and no other agency provides ~hese services ~n P~o Alto? All .Community Technology Alliance services are collaborative solutions designed to provide a holistic response to the homeless and economically disadvantaged wit~hout .d~plicatio~ of technologly or effort. We are the sole source of all our programs: no other organization - public, private or non-profit - is positioned to provide these vital services to our community. The tools we provide, including Community Voice Mail, HousingSCC and HMIS SCC, would cease to exist without us. b. What do you consider as immerging service issues? An end to homelessness in Si]icon Valley will require a significant increase in available political will. c. If you are currently providing services to Pate Atto, how many people are you sePAng? In the fiscal year ending June 30, 2006, 66 North County clients complete their use of Community Voice Mail, 832 anonymous users of the HousingSCC website searched specifically for housing in Pale Alto and 107 client records in HMIS SCC indicated a last permanent address in Pale Alto. Human Services Resource Allocation Process (HSRAP) Request for Proposals #-119622 PROPOSAL SUMMARY Fiscal Year 2007-08 Agency: Downtown Streets, Inc.Name of Program: Downtown Streets Team Address: 542 High Street Contact: Eileen Richardson Funding Request: $100,C£’O.00 City: Palo Alto Zip: Phone: (650) 462-1795 94301 1.. Summary Priority Areas: The are of need for the program is funding for food and affordable housing for its participants since they are rewarding. The participants are given food and shelter in exchange for cleaning areas of Palo Alto. Goals and objectives Goal #1: The programs goals are to enable our homeless population to achieve lives of independence and to turn them from using and draining our community’s police, healthcare and other services to becoming contributing, successful members and taxpayers. Goal #2: To end panhandling in Palo Alto or at least curb it noticeably. Goal #3: TO keep our City vibrant and clean so as to promote it as a destination on the peninsula for shopping, dining and events. Objective #1: .Work with all other local agencies and especially the Palo Alto Police Department to start a Restorative Policing initiative to help al! facets of our homeless population, to include those with mental health needs. Objective #2: To train participants in job skills and intensive job search skills. Objective #3: To work with merchants, the BID (Palo Alto Downtown B~iness and Professiona! Association), Ca~olic Charities, InnVision, City of PMo Alto, Ci~ of Palo Alto Police Department, Urban Ministry, EHC, Palo Alto Hotel, Alliance for Community Care, era. to once and for all have a untied solution to our community’s urfique homeless issue. Methods:. The programs methods are to provide structure, training, guidance, confidence, inspiration and hole to individuals to achieve their gem of re entering society and our community as a productive, independent member again. o Popu!adon Served: The population served is the homeless, the disabled, menta! -health, low income and the uniter employed. The program has served more than 122 unduplicated individuals and has fotmd employment for 19 of them is just 15 months. This is significant because it is thought that Palo Alto has approximately 175 homeless individuals. We serve the Downtown area, the Opportunity Center and the Mayfield soccer fields to date but this funding would allow us to expand to other areas of:need in Palo Alto. This funding will be used to purchase food and shelter for the participants and for some program overhead. To date the only program fees are for one Executive Director, a part-time assistant and some office expenses. This funding is leveraged because the Downtown Streets Team works with all . other local agencies to get housing and food for its participants2 For example, instead of paying for housing ourselves, we nurture strong relationships with the Urban Ministry forfood and shelter, the Palo Alto Hotel for reduced rates for housing, the EHC for housing, Catholic Charities and Alliance for Community Care for services and case management. 5. Supplemental Questions: a.The Downtown Streets Team is not only unique to Palo Alto but is believed to be the first of its kind on the West Coast. Additionally, it doesn’t just provide food, shelter and job skills but provides something much more important to our homeless population: encouragement and the rebuilding of confidence to achieve lives of independence. b. The beginning of the Restorative Policing program is the most important initiative in Palo Alto for really making a change for our homeless population. c. We serve welt over 100 homeless, disabled, mentally effected and low income individuals and families each year. PROPOSAL SU~iMARY Fisc=~ Y~ar 2007-08 Name of Program: Ho~ M~a]s f~ the City: Paio Afro Zip Code: Phone Nurnbe~. (&50) 32"~-0243 Cleady and concisely summarize your request. Use Me space provided on this page only.. 1.Proposal Summary: Identify the pdority area of need met by this program, the program goals and objectives, how it benefits Palo Alto residents, and how the program effectively utilizes existing resources through collaborative efforts. Identi~ the pdority area: List Goals & Objectives: Meeting the nutritional and socialization needs of the eldedy who live Ioca]ly. Goal #!: Goa! #2: Goal #3: Objective Objective Objective Objective Methods: Method #1: Method #2: Method #3: Method #4: Method #5: Method #6: Provide affordable, nutritious meals for individuals who are 60 yea~s and older. Provide socialization opportunities for e~dedy who are isolated. Provide education, infoffnation and referral services. #1:Serving a hot, nutritious meal once a day, five days a week. #2:Creating a setting that encourages socialization. #3:Recruiting volunteers from elderly population. #4 Educating participants about their nutritional requirements. Utilize advanced menu., planning to provide variety and meet nutritional requirements. Maintain well-trained staff and site manager;, meet or exceed County standards. Cooperate with Avenidas Senior Center; refer individuals for services as appropriate. Fund program with continued subsidies from: Santa Clara Senior Nutrition Program and City of Palo Alto; donations from local service organizations and private individuals. Continue shared administration of Program by active Board of Directors (18 members). Utilize County staff to provide educational programs. Population Served: Describe the population served by the proposed program. Include the area of Palo Alto served, the number of unduplicated Palo Alto residents served, whether it serves low-income residents and any other relevant information. Program serves elderly from all of Palo Alto, many of whom have restricted incomes. 111106-6130106 served 811 unduplicated P. A. residents and 836 total unduplicated individuals~ Budget Narrative: Describe specifically how the requested funding will be used. Funding will help pay for purchase and preparation of food for daily lunch served to the eldedy, saiaries of Site Manager, staff & other budget items. In 2007-08 plan to serve a total of 39,500 meals at 3 sites: La Comida at 450 Bryant Street, Stevenson House and Cubbedey. Funding Diversification: Summarize how your agency plans to leverage the funding from the City and diversify funding for this program. Nutrition Proqram: Federal, State, County funding including Participants’ voluntary contributions $ 233,367 plus City of Palo Alto $34,~50 equals Total Budget $268,017. ’ Supplemental Questions a. VV]qat services do you provide that is unique and no other agency provides these services In Palo Alto? La Comida de Ca~fo~a ~s the on~y o~-s~te organ~za~o~ ~n Pa~o A~o ~ov~d~ng ~ow cost, hot lunches s~ec~ca~y designed for and d~dicated to seniors. What do you consider as emerging se~Ace issues? *~eh*1een the yea~s 2000 and 2030, the population of o~der adut~ (55 and o~der) ~e Pale A~to could mote thae doub~ ~o 35,000, a 1"~3% ~nc~ase. t~e, mo~ than 40% of our po£u~at~on w~ be ~5 or o~der. ~s unp~ceden~ed gro~h ~ the adu~ popu~a~o~ w~ g~at~y increase the demand for ~ Comida’s ~ces of providing fo~ ~ke~ from a documen~ produced by a Pa]o A~to White Paper Task Fore8 entitled ’gmpa~ of the Ag}ng ~aby £oom Populat~on on Pa~o A~to’s-Soc~a~ and Co~mun~ty Se~c~s." This ana~ys~s was in~t~a~ed by th~ Co~mu~y Se~cgs Depa~ment of the C~ty of PaSo c.If you are currently providing services to Palo Alto, how many people are you serving? In Fisca! Year 2005- 06 La Comida sawed a total of 39,2$4 mea~s to 850 individuals. City of Palo Alto RFP I 22 MayView Communi-by Health Center Hu~na~ Sewices Resource A~ocation Process (HSRAP) Request for ~ro~posals # 119622 Agency: PROPOSAL SUMMARY Fiscal Year 2007-08 MayView Community Health Center Name of Progran~: Address:270 Grant Avenue Contact:Lori Kandels, Executive Director 2005-06 Funding Requested $18,000 City: Palo Alto Healthcare for Low-income and Homeless Palo Alto Residents Zip Code: 94306 Phone Number: (650) 327.1223 Clearly and concisely summarize your request. Use the space provided on this page only. Proposal Summary: Identify the priority area of need met by this program, the program goals and objectives, how it benefits Palo Alto residents, and how the program effectively utilizes existing resources through collaborative efforts. id~ntifl the priori~ area:. List Goals & Obiectives: Goal #1" .Imp?ove the health of low-income, uninsured individuals and families and the (~ommunity. Goa] #2: Goal #3: etc. Objective #1: Ensure that low-income, uninsured individuals and families have access to primary healthcare and other healthcare resources. Objective #2: Objective #3: etc. Methods: I~lethod #1: Provide medical care an~l preventative services to individuals and families. I~lethod #2: Method #3: etc. 2.Population Served: Describe the population served by the proposed program. Include the area of Palo Alto served, the number of unduplicated Palo Alto residents served, whether it serves low-income residents and any other relevant information. ¯ At least 100 Palo Alto residents who are low-income or homeless will receive medical care. 3.Budget Narrative: Describe specifically how the requested funding will be used. Direct ~ervice funds will be used to provide at I~ast 100 low-income or homeless residents of Palo Alto wilh at least 200 direct clinic services to be reimbursed at $90 each. Salaries cover coordination of services to ensure access. 4.Funding Diversification: Summarize how your agency plans to leverage the fundingfrom the City and diversify funding for this program. ’ .Cib./of Palo Alto RFP 1 .22 MayView Communib.7 Health Center Funding from the cities where our patie.nts live helps MayView leverage these contributions with private foundations and corporations. City funding demonstrates that our programs are accountable and meet clearly identified needs. 5.Supplemental Questions a.What services do you provide that is unique and no other agency provides these services in Palo Alto? MayView is the only Community. Health Center in Palo Alto. MayView provides a medical home and continuity of care for low-income families and individuals. Clients are assigned a healthcare provider who treats the whole family with cultural sensitivity; almost all providers and all front desk personnel are bilingual and bicultural. Providers establish a relationship with a client, coordinate referrals to specialty providers when necessary and provide case management. On average a provider sees patients more than three times a year. Comprehensive general medical services, chronic disease management and family planning and perinatal services are offered regardless of ability to pay.¯Clinics are near public transportation and have evening clinic hours for workingfamilies. .Volunteer Patient Advocates serve as the client’s ally and friend ducing the clinic appointment; Patient Advocates commit to serving four hours a week for a year after receiving training. b. What do you consider as immerging service issues? We are seeing an increase in uninsured and underinsured patients, up from 45% - 47% of our population in 2006. These patients try to hold off seeking care until their condition worsens, resulting in more complexity when they do present for treatment. We are also seeing an increase in patients with multiple.i and more severe, diagnoses. c. If you are currently providing services to PaSo Alto, how many people are you servir~g? We are currently providing 1,125 medical visits to 520 residents of Palo Alto. 24 Address: l~SO E. Virginia St. #2~0 Contact: Georgia ~acit, Directing Attorney 2007.08 Funding Requested $ Name of Pr,.ig~am: L~ga; Assistaac~ to~’~:=~da~s City: Sa~ Jose Zip Code: !)5112 Phone Numbe~: (408) 295-5991 Clearly and concisely summarize your request. Use the space provided on this page only. 1.Proposal Summary: identify the priority area Of need met by this program, the program goats and objectives, how it benefits Pato Alto residents, and how the program effectively utilizes existing ¯ resources through collaborative efforts. Identify the priority area: The project addresses the HSRAP priority of Seniors, in particular free Legal .Assistance. Within its scope of services, the project also handles Elder Abuse/Domestic Violence cases; addressing another HSRAP priority need, Emergency Services and more specifically Domestic Violence. List Goats & Obi~ctives: Goal #1 : To support Palo Alto elders to. live independently, safely, non-institutional!zeal and with dignity. Objective #I : To provide direct legal assistance to at least 65 Palo Alto elders (age 60 or older) annually. Objective #2: To make one community education presentation in Palo Alto annually. Methods:. Method #1: Provide direct legal services to eldersby co~tinu’ing service expanded levels through intake in donated sp.ace at the Avendias Senior Center and/or Stevenson House, by phone intake, or through home visits. Method #2: Provide community education by making a p?esentation to the. senior participants at Awnidas, SIevenson.House, or another senior program/site located in Palo Air6. SALA’s program w’iJl benefit Palo Alto elders by protecting their riphtsl ensuring their safety" and necessities, ¯ promoting their independence and dignity, stabilizing their lives, and assisting them with planning [or the future. Population Served: Describe the population served by the proposed program. Include the area of Palo Alto served, the number of unduplicated Palo Alto residents served, whether it serves low-income residents and any other relevant information. SALA will serve a minimum o1:65 Palo Alto elders .(age 60 or older). No individual~ other than Palo Alto residents will be served. Services will be provided on a citywide basis targeting elders throughout Palo Alto th~t are low income or "at- risk" of abuse, exploitation, or institutionalization. SALA’s. statistics for Palo Air0 residehts served in 2005-2006 indicate 72% were very low income: (at or below 50% of the median as defined by HUD), 61% were age 75 or older (placing them at-risk), and 70% were.l’emale. SALA expects similar demographics ~or Palo Alto clients in 2007-08 and in 2008-09 if the contract is renewed. Budget Narrative: Describe specifically how the requested fund ng will be used. The $9,060 requested will provide partial support for personnel costs (Salaries/Benel:its/Payroll Taxes) to maintain the expanded, services as proposed. The request represents a 3% COLA in our current grant. No HSRAP funds Will be used for overhead. In kind support (for a privale interview room at Avenidas and Stevenson House) is estimated at $402. Funding Diversification: Summarize how your agency plans to leverage the funding from the City and di.versify funding for this program. Annually, SALA will leverage additional support totaling at least $25,220 from: Older Americans Acl; United Way; Santa Clara County; State Bar Trust Fund; Equal Access Fund; HICAP; Silicon Valley Campaign rot Legal Services; and contributions. In kind support from intake volunteers and pro bono Wills Panel a[-torneys is estimated at $3,684. Estimated in kind space (see #3 above) will be $402. Supplemental Questions 23 ATTACHMENT C CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND ADOLESCENT COUNSELING SERVICES, INC. FOR CONSULTING SERVICES This Contract No.is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and ADOLESCENT COUNSELING SERVICES, INC., a corporation duly organized and existing under the Nonprofit Corporation Law of the State of California, located at 4000 Middlefield Road, FH, Palo Alto, CA 94303 ("CONSULTANT"). RECITALS : WHEREAS, CITY desires to obtain certain counseling and outreach services for young adolescents in the community ("the Program"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONSULTANT, including it~ employees, bf any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Program on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the .covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION i.TERM i.I This Contract will commence on July i, 2007 and will terminate on June 30, 2009, unless this Contrac£ is earlier terminated by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT will commence work on the initial and subsequent Program tasks in accordance with the time schedule set forth in Exhibit "A". Time is of the essence of this Contract. In the event that the Program is not completed within the time required through any fault of .CONSULTANT, CITY’s city manager will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by CONSULTANT. SECTION 2. CORRECTIONS SCOPE OF PROGRAM SERVICES;CHANGES The scope of Services constituting the Program will be performed, delivered or executed by CONSULTANT under the phases of the Basic Services as described be!ow. 2.2 CITY may order substantial changes in the scope or character of the Basic Services, or the Program, either decreasing 050503 cl 0072547 or increasing the amount of work required of CONSULTANT. In the event that such changes are ordered, subject to the approval of CITY’s City Council, as may be required, CONSULTANT will be entitled to full compensation for. all work performed prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes wil! be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work ±s agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF CONSULTANT 3.1 CONSULTANT represents andwarrants that it has the expert±se and professional qualifications to furnish or cause to be furnished the Services. CONSULTANT further represents and warrants that the program director and every individual, including any consultant, charged with the performance of the Services are dul~ licensed or .certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Program will be executed by them or under their supervision. 3.2 In reliance on the representations and warranties s~t forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Program. 3.3 CONSULTANT will assign a single program director to have supervisory responsibility for the performance, progress, and execution of the Program. The program director will represent CONSULTANT during the day-to-day work on the Program. If circumstances or conditions subsequent to the execution of this Contract cause the Substitution of the program director, the CONSULTANT shall notify the program manager of such a change. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Program; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and !ocal laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract and any materials used in CONSULTANT’s performance of the Services; 050503 cl 0072547 2 3.4.3 At all times observe and comply with, and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately to the program manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above .in relation to the deliverables. 3.5 Any deliverables given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager. 3.6 CONSULTANT will provide CITY with two (2) copies of any documents which are a part of the deliverables upon their completion and acceptance by CITY. 3.7 If CITY requests additional copies Of any doCumentS which are a part of the deliverables, CONSULTANT will provide such additional copies and CITY will compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Program. All consultants of CONSULTANT wil! be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. 3.9 In the execution of the Program, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or. proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 050503 cl 0072547 3 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. CONSULTANT shall be responsible for the performance of its consultants or subcontractors in fulfilling the provisions of this contract. 3.12 CONSULTANT shall coordinate its services with other existing organizations providing similar services in order to foster community cooperation and to avoid unnecessary duplication of services. 3.13 CONSULTANT shall seek out and apply for other sources of revenue in support of its operation or services from county, state, federal and private sources. Unless deemed inappropriate by the program manager, CITY shall support CONSULTANT in its search of grants, funding, or other income by serving as a sponsoring agency, by providing letters of support, or by rendering advice on application for grants. - 3.i4 CONSULTANT shall include an acknowledgment of CITY funding and support in all appropriate publicity or publications regarding its programs and services using words to the effect that "services are provided in cooperation with the City of Palo Alto" or "through City of Palo Alto funding" as approved by th@ program manager. 3.15 Throughout the term of this Contract, CONSULTANT shall remain an independent, nonprofit corporation under the laws of California governed solely by a Board of Directors, with up-to-date bylaws. CONSULTANT shall operate by its Bylaws. Any changes in CONSULTANT’s Articles of Incorporation, Bylaws, or tax-exempt status shall be reported by CONSULTANT immediately to the Program Manager. 3.16 ’The Board of Directors of CONSULTANT shall include representation from the broadest possible cross section of the community including: those with expertise and interest in CONSULTANT’s services, representatives from community organizations, and users of CONSULTANT’s services. 3.17 All meetings of the Board of Directors of CONSULTANT shall be open to the public, .except meetings, or portions thereof, dealing with personnel or litigation matters. 3.18 CONSULTANT shall keep minutes of all regular and special meetings of its Board of Directors. 050503 cl 0072547 4 SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Program as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessarZ, in a timely manner the deliverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedule will not constitute a default under this Contract. 4.3 The city manager will represent CITY for all purposes under t~is Contract. The Director for the Cubberley Community Center and Human Services Division is designated as th@ program manager for the city manager. The program manager will supervise the performance, progress, and execution of the Program, and will be assisted by the Management Assistant for the Cubberley Community Center and Human Services Division. 4.4 In the event CITY should determine from any identifiable source, including but not l~mited to reports submitted by CONSULTANT under this contract or any.evaluation report from any identifiable source, that there is a condition which requires correction, CITY may forward to CONSULTANT requests for corrective action. Such requests shall indicate the nature of the issue or issues which are to be reviewed to determine the need for corrective action and may include a recommendation as to appropriate corrective action. Within thirty (30) days of CITY’s request, CONSULTANT shall submit its response, which shall include its views of the problem and proposed action, if any. Upon request of either party, the parties shall meet to discuss any such request and response within the thirty-day period specified. SECTION 5. COMPENSATION 5.1. CITY will compensate CONSULTANT for the following services and work: 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expense, CITY will pay CONSULTANT a fee not to exceed Ninety-Three Thousand One Hundred Dollars ($93,100.00) for the first contract year (fiscal year 07-08) subject to approval of Section 17.12. 050503 cl 0072547 5.1o2 In consideration of the full performance of the Basic Services for the second contract year (fiscal year 08-09), including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed Ninety-Three Thousand One Hundred Dollars ($93,100.00). The parties agree that the amount of compensation for the second contract year may be adjusted up or down, depending on availability of funds. The actual maximum amount of compensation for the second year of this contract shall be determined by the city manager and reflected in a letter agreement setting forth the amount of total compensation and a budget in the form of Exhibit "B-I" reflecting the revised allocation of funds. The actual amount of compensation shall be subject to the provisions of 17.12 of this contract. 5.1.3 On the billing form provided by CITY, CONSULTANT shall submit a bill by the fifteenth (15th) working day of the following month for services provided under this Contract during the preceding three months. The bill shall specify actual expenditures direqtly related to this Contract, in accordance with Exhibit "B". The fees of the consultants, who have .direct contractual relationships with CONSULTANT, will be approved, i~ advance, by ~ITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT.. 5.1.4 The full payment of charges for extra work or changes, or both, in the execution of the Program will be made, proyided such request for payment is initiated by CONSULTANT and authorized, in writing, by the program manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such. work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change~ order preparation, which is made necessary on account of CONSULTANT.’s errors, omissions, or oversights. 5.1.5 Direct personnel expense of employees assigned to the execution of the Program by CONSULTANT will include only the work and other documents pertaining to the Program, and in services rendered during the program to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in quarterly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of 050503 c! 0072547 6 payment mutually agreed upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission. Final payment will be made by CITY after CONSULTANT has submitted all deliverables, including, without limi£ation, reports which have been approved by the program manager. 5.2.2 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general contractors. SECTION 6. PROGRAM RECORDS Upon reasonable notice, CONSULTANT shall grant the program manager access to all CONSULTANT records, data, statements, and reports, which pertain to this Program. CONSULTANT shall secure all necessary client and/or personnel release of information forms to allow the program manager and others specifically designated, in writing by the program manager to be afforded such access. Access to clinical records will be coordinated with the client, the cli6nt’s repr.esentative and the CONSULTAN~ upon reasonable request from the program manager. CONSULTANT is no£ required to- provide information, the disclosure of which is expressly prohibited by California or Federal laws. SECTION 7. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS- 7.1 CONSULTANT shall appoint a fiscal agent who shall be responsible for the financial and accounting activities of CONSULTANT, including the receipt and disbursement of CONSULTANT funds. 7.2. CONSULTANT sh&ll appoint from its Board a treasurer who shall review Financial Statements of CONSULTANT on a regular basis. 7.3 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Program will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 7.4 CONSULTANT shall provide for independent audit of its fiscal year transactions, records, and financial reports at least every two (2) years. The certified public accountant shall submit the report to both parties. The cost of this audit shall be borne by CONSULTANT. 050503 cl 0072547 7.5 The originals of the deliverables prepared by or under the direction of CONSULTANT in the performance of this Contract will become the property of CITY irrespective of whether the Program is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY wil! have the tightto utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 8. INDEMNITY 8.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents, from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONSULTANT’s, its officers’, agents:’, consultants’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable lawmay impose strict liability on CONSULTANT in th~ performance of or failure to perform its obligations under this Contract. SECTION 9. wAIVERS 9.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law will not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder wil! not be deemed to be a waiver of any preceding breach or violation ~y the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 9.2 No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION i0.INSURANCE i0.i CONSULTANT, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 050503 cl 0072547 8 10.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California° Any and all consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in ful! force and effect during the term of this Contract, identical insurance coverager naming CITYas anadditional insured under such policies as required above. 10.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approval of CITY’s risk manager and wil! contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the CITY’s city clerk thirty (30) days prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additiona! insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract With the cit£ clerk. 10.4 The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as~ a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION ii. WORKERS’ COMPENSATION ii.i CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every emp!oyer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Program. PROGRAM SECTION 12 -TERMINATION OR SUSPENSION OF CONTRACT OR 12.1 The city manager may suspend the execution of the Program, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt 050503 cl 0072547 9 of such notice, CONSULTANT will immediately discontinue its performance under this Contract. 12o2 CONSULTANT may terminate this Contract or suspend its execution of the Program by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Program. 12.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additional Services performed and deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Program is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approv@l of CITY’s City Council. Ifthis Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion o~ CONSULTANT’s_services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of his discretion. 12.4 In the event of termination of this Contract or suspgnsion of work on the Program by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as fol!ows: 12.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 12.4.2 For approved items of services on which a notice to proceed is issued by CITY, bu[ which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the full performance of that item of service. 12.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 for the respective items of service to be furnished by CONSULTANT. 12.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the property of CITY. 050503 cl 0072547 10 12.6 The failure of CITY to agree with CONSULTANT’s .independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 13.ASSIGNMENT 13.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of CITY will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION. 14. NOTICES 14.1 All notices hereunder will be given, in writing~ and mailed,, postage prepaid, by certified mail, addressed as follQws: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 Copy to:Cubberley Community Center and Human Services Division City of Palo Alto 4000 Middlefield Road, T2 Palo Alto, CA 94303 To CONSULTANT: Attention of the program director at the address of CONSULTANT recited above SECTION 15. CONFLICT OF INTEREST 15.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 15.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financial interest under this Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable 050503 cl 0072547 provisions of the Palo Alto Municipal Code and the Government Code of the State of California. SECTION 16.NONDISCRIMINATION 16.1 As set forth in the Palo Alto Municipal Code, no discrimination will bemade in the employment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person. If the value of this Contract is, or may be, five thousand dollars .($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 16.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name ~f Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 16.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct the’ sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California ~Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 17. MISCELLANEOUS PROVISIONS 17.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government. Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will 050503 c10072547 12 comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 17.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 17.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 17.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 17.5 ThA prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 17.6 This document represents the entire, and integrated Contract between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a writtei instrument, which is signed by the parties. 17.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 17.8 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. ~ 17.9 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 17.10 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 17.11 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 050503 cl 0072547 1 3 17.12 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 17.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST :CITY OF PALO ALTO City Clerk APPROVED AS TO FOP@4: Senior Asst. City Attorney APPROVED: Mayor ADOLESCENT COUNSELING SERVICES, INC. By: Name: Assistant City Manager Title: Director of Community Services Director of Administrative Services Insurance Review APPROVED AS TO CONTENT: Director, Human Services Division By: Name: Title: Taxpayer’s I.D. No. 51-0192551 (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments : EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT ’~D": SCOPE OF PROGRAM SERVICES &TIME SCHEDULE CONTRACT BUDGET INSURANCE NONDISCRIMINATION COMPLIANCE FORM 050503 el 0072547 1 4 CERTI~ ICAT= OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS’my hand and official seal. Signature of Notary Public 050503 c! 0072547 15 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) )SS. COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known tome or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 050503 cl 0072547 16 EXHIBIT ADOLESCENT COUNSELING SERVICES (ACS), INC. On-Campus C~unseHng and Outreach Program FY 2097-09 SCOPE OF PROGRAM SERVICES PROGRAM SERVICES II III CONSULTANT shall provide an On-Campus Counseling Program to make crisis intervention and direct counseling services easily available to middle and high school students and family members. CONSULTANT shall provide a Community Counseling Program to coordinate on-site services, referral services and crisis counseling. PROGRAM GOALS To address issues that prevents the personal growth and academic success of Palo Alto youth and to provide professional training to the next generation of mental health clinicians in our community. - PROGRAM OBJECTIVES IV 1)50% of the students seen five or more times will either maintain or improve their grades. 2)70% of students seen five or more times will improye their level of functioning. 80% of the students seen five or more times will report that the counseling they received was helpfu! or very helpful. PROGRAM METHODS 1)A licensed MFT or CSW serve as Site Director at each of 5 secondary schools. Combined, they will provide licensed supervision to 14-18 graduate school level counseling interns. 2)Collaborate with the Pato Alto Unified School District (PAUSD) to provide free counseling services and prevention education. 3)Provide extensive professional training to 14-18 counseling interns, utilizing outside professionals in the field of mental health and psychotherapy to offer cutting-edge education in at least 40 hours of training annually. ACS 1 Exhibit "A" 1)CONSULTANT shall provide semiannua! activity reports relating to this Scope of Program Services for the periods ending December 31, 2007, June 30, 2008, December 31, 2008, June 30, 2009, within fifteen days after these dates. Each report shall cover the preceding six months, and other such information as the Program Manager may request. The final report shall focus on the preceding six months, but also shall provide information on contract services for the entire year. Each report shall be prepared in the form agreed upon by the Program Manager and the CONSULTANT. VI TIME SCHEDULE VII Services shall commence on July 1, 2007 and continue through June 30, 2009. Semiannual progress reports shall be completed and submitted to the City on the fifteenth d~iy after each six-month period. REQUIREMENTS The City of Pal0 Alto requires mention of its name in all materials that acknowledge donors in any public announcements or publicity regarding funded programs. CONSULTANT shall comply with the Americans with Disabilities Act (ADA) of 1990. ACS 2Exhibit "A" ADOLESCENT COUNSELING SERVICES FY 2007-09 CONTRACT BUDGET Description of Expenses Salaries Insurance Audit Rent Utilities Phone Postage Office Supplies Travel Staff development/training Computer Hardware/Software Equipment Maintenance/Repair Books/Publications Printing/Publishing Capital Expenses Program Operating Expenses Other Resreves) TOTAL Total Projected Budget 324,864.00 $ $ $ $ $ $ $ $ $ $ $ $ $ 17,100.00 1,350.00 2,273.00 990.00 1,350.00 400.00 1,254.00 243.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total C0ntractBudget 90,503.00 2,421.00 92.00 4,068.00 $84.00 $ 6,159.00 $ 8,456.00 $ 368~507.:00,:$93~100 00 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND AVENIDAS, INC. FOR CONSULTING SERVICES This Contract No.is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and AVENIDAS, INC., a corporation duly organized and existing under the Nonprofit Corporation Law’ofthe State of California, located at 450 Bryant Street, Palo Alto, CA 94301 ("CONSULTANT"). RECITALS: WHEREAS, CITY desires to obtain the provision of senior services ("Program"), as more fully described in Exhibit "A"; and WHEREAS] CITY de’sires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience in .performing the Services, and CONSULTANT has offered to complete the Program on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION I. TERM I.I This Contract will commence on July i, 2007 and will terminate on June 30, 2009, unless this Contract is earlier terminated by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT will commence work on the initial and subsequent Program tasks in accordance with the time schedule set forth in Exhibit "A". Time is of the essence of this Contract. In the event that the Program is not completed within the time required through any fault of CONSULTANT, CITY’s city manager will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by CONSULTANT. SECTION 2. CORRECTIONS SCOPE OF PROGRAM SERVICES;CHANGES 2.1 The scope of Services constituting the Program will be performed, delivered or executed by CONSULTANT under the phases of the Basic Services as described below. 2.2 CITY may order substantial changes in the scope or character of the Basic Services, or the Program, either decreasing or increasing the amount of work required of CONSULTANT. In the event that such changes are.ordered, subject to the approval of 070529 cl 0072553 CITY’s City Council, as may be required, CONSULTANT will be entitled to full compensation for all work performed prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract° CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF CONSULTANT 3.1 CONSULTANT represents and warrants thatit has the expertise and professional qualifications to furnish or cause to be furnished the Services. CONSULTANT further represents and warrants that the program director and every individual, including any consultant, charged with the performance of the Services are duly licensed or certified by the State of California, to the.exten~ such licensing or certification is required by law to perform the Services, aKd that the Program will be executed by them or under their supervision. 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Program. 3.3 CONSULTANT will assign a single program director to have supervisory responsibility for the performance, progress, and execution of the Program. The program director will represent CONSULTANT during the day~to-day work on the Program. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the program director, [he CONSULTANT shall notify the program manager of such a change. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Program; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with, and cause its employees and consultants, if any, who are assigned to the 070529 cl 0072553 2 performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately to the program manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the deliverables. 3.5 Any deliverables given to,~or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its consultantsr if any, without the prior written approval of the city manager. 3.6 CONSULTANT will provide CITY with two (2) copies of any documents which are a part of the deliverables upon their completion and acceptance by CITY. 3.7 .If..CITY requests additional copies of any documents which are a part of the deliverables, CONSULTANT will provide suc~ additional copies and CITY will compensate CONSULTANT for its duplicating mosts. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Program. All consultants of CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. 3.9 Inothe execution of the Program, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorLzed, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 070529 el 0072553 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. CONSULTANT shall be responsible for the performance of its consultants or subcontractors in fulfilling the provisions of th±s contract. 3.12 CONSULTANT shall coordinate its services with other existing organizations providing similar services in order to foster community cooperation and to avoid unnecessary duplication of services. 3.13 CONSULTANT shall seek out and apply for other sources of revenue in support of its operation or services from county, state, federal and private sources. Unless deemed inappropriate by the program manager, CITY shall support CONSULTANT in its search of grants, funding, or other income by serving as a sponsoring agency, by providing letters of support, or by rendering advice on application for grants. 3.14 CONSULTANT shall include an acknowledgment of CITY funding and support in all appropriate publicity o~ pmblications-regarding its programs and services using words to the effect that "services are provided in cooperation with the City of Palo Alto" or "through City of Palo Alto funding" as approved by the program manager. 3.15 Throughout the term of this Contract, CONSULTANT shall remain an independent, nonprofit corporation under the laws of California governed solely by a Board of Directors, with up-to-date bylaws. CONSULTANT shall operate by its~ Bylaws. Any changes in CONSULTANT’s Articles of Incorporation, Bylaws, or tax-exempt status shall be reported by CONSULTANT immediately to the Program Manager. 3.16 The Board of Directors of CONSULTANT shall include representation from the broadest possible cross sect±on of the community including: those with expertise and interest in CONSULTANT’s services, representatives from community organizations, and users of CONSULTANT’s services. 3.17 CONSULTANT shall keep minutes of all regular and special meetings of its Board of Directors. SECTION 4. DUTIES OF CITY 4.1 ~CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Program as may be reasonably requested by. CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the deliverables and each phase of work performed by 070529 c10072553 4 CONSULTANT. CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT ackhowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedule will not constitute a default under this Contract. 4.3 The city manager will represent CITY for all purposes under this Contract° The Director for the Cubberley Community Center and Human Services Division is designated as the program manager for the city manager. The program manager will supervise the performance, progress, and execution of the Program, and will be assisted by the Management Assistant for the Cubberley Community Center and Human Services Division. 4.4 In the event CITY should determine from any identifiable source, including but not limited to reports Submitted by CONSULTANT under this contract or any evaluation report from an~ identifiable source, that there is a condition which requires correction,-CITY may forward to CONSULTANT requests for corrective action. Such requests shall indicate the nature of the issue or issues which are to be reviewed to determine the need for corrective action and may include a recommendation as to appropriate corrective action. Within thirty (30) days of CITY’s request, CONSULTANT shall submit its response, which shall include its views of the problem and proposed action, if any. Upon request of either party, the parties shall meet to discuss any such request and response within the thirty-day period specified. SECTION 5. COMPENSATION 5.1 CITY will compensate CONSULTANT for the following services and work: 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expense, CITY will pay CONSULTANT a fee not to exceed Four Hundred Twenty-Seven Thousand Six Hundred Seventy Dollars ($427,670.00) for the first contract year (fiscal year 07-08) subject to approval of Section 17.12. 5.1.2 In consideration of the full performance of the Basic Services for the second contract year (fiscal year 08-09), including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed Four Hundred Twenty-Seven Thousand Six Hundred Seventy Dollars ($42~,670.00). The parties agree that the amount of compensation for the second contract year may be adjusted up or down, depending on availability of funds. The actual maximum amount of compensation for the second year of this contract shall be determined by the city manager and reflected in a 070529 c10072553 letter agreement setting forth the amount of total compensation and a budget in the form of Exhibit "B-I" reflecting the revised allocation of funds. The actual amount of compensation shall be subject to the provisions of 17o12 of this contract. 5.1.3 On the billing form provided by CITY, CONSULTANT shall submit a bill by the fifteenth (15th) working day of the following month for services provided under this Contract during the preceding three months. The bill shall specify actual expenditures directly related to this Contract, in accordance with Exhibit "B". The fees ¯ of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. Notwithstanding the foregoing limitations, the City Manager shall have the authority to approve payments by the CITY to CONSULTANT under this contract, in advance of CONSULTANT’s incurred expenditures; provided, however, (i) any request by CONSULTANT for such advance payment must be made during the-months of July, August or September during the term of this Contract; (ii) such advance-payment must be made from the central administration fund; and (iii) CONSULTANTS’s need for such advance payment shall be supported to the satisfaction of the CITY’s Director of Administrative Services; and further provided, however, that total advance payment under this Contract may not exceed One Hundred Eight Thousand Six Hundred Seventy Seven Dollars ($108,677.00). 5.1.4 The full payment of charges for extra work or changes, or both, in the execution of the Program will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the program manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights. 5.1.5 Direct personnel expense of employees assigned to the execution of the Program by CONSULTANT will include only the work and other documents pertaining to the Program, and in services rendered during the program to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense ofthese employees are salaries and mandatory and customary benef.its such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 070529 cl 0072553 The schedule o,f payments will be made as follows: 6 5o2ol Payment of the Basic Services will be made in quarterly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission. Final payment will be made by CITY after CONSULTANT has submitted all deliverables and reports, including, without limitation, reports which have been approved by the program manager. 5.2.2 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general contractors. SECTION 6. PROGRAM RECORDS Upon reasonable notice, CONSULTANT shall grant the program manager access to all CONSULTANT records, data, statements, and reports, which pertain to this Program. CONSULTANT shall secure all necessary client and/or personnel release of information forms to allow the program manager and others specificall~ designated, in writing by the program manager to be afforded such access. Access to clinica! records will be coordinated with the client, the client’s representative and the CONSULTANT upon reasonable request from the program manager. CONSULTANT is not required to provide information, the disclosure of which is expressly prohibited by California or Federal laws. SECTION 7. ACC6UNTING, AUDITS, OWNERSHIP OF RECORDS 7.1 CONSULTANT shall appoint a fiscal agent whoshall be responsible for the financial and accounting activities of CONSULTANT, including the receipt and disbursement of CONSULTANT funds. 7.2. CONSULTANT shall appoint from its Board a treasurer who shall review Financial Statements of CONSULTANT on a regular basis. 7.3 Records of the direct personnel expenses~ and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Program will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 7.4 CONSULTANT shall provide for independent audit of its fiscal year transactions, records, and financial reports at least every two (2) years. The certified public accountant shall submit the report to both parties. The cost of this audit shall be borne by CONSULTANT. 070529 el 0072553 7.5 The originals of the deliverables prepared by or under the diredtion of CONSULTANT in the performance of this Contract will become the ~ro~erty of CITY irrespective of whether the Program is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY will have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any ~alterations or modifications of such documents. SECTION 8.INDEMNITY 8.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents, from any and all demands, claims, or liability of any nature, including death or injury to any person,property damage or any other loss, caused by or arising out of CONSULTANT’s, its officers’, agents’, consultants’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in th6 performance-of or failure to perform its obligations under this Contract. SECTION 9. WAIVERS 9.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law will not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition orprovision of this Contract or of any applicable law or ordinance. 9.2 No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION i0.INSURANCE i0.i CONSULTANT, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 070529 cl 0072553 8 10.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and all consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 10.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approval of CITY’s risk manager and will contain an .endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the CITY’s city clerk thirty (30) days prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s .liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Co~tract with the cit~ clerk. 10.4 The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION ii. WORKERS’ COMPENSATION ii.i CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Program. PROGRAM SECTION 12 -TERMINATION OR SUSPENSION OF CONTRACT OR 12.1 The city manager may suspend the execution of the Program, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt 070529 cl 0072553 9 of such notice, CONSULTANT will immediately discontinue performance under this Contract. its 12.2 CONSULTANT may terminate this Contract or suspend its execution of the Program by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantia! failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Program. 12.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additional Services performed and deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Program is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s City Council. If this Contract is suspended or terminated on account of a default by CONSULTAN.T, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s- services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of his discretion. 12.4 In the event of termination of this Contract or suspension of work on the Program by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 12.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 12.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the .service as the quantum of sergice actually rendered bears to the services necessary for the full performance of that item of service. 12.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 ~or the respective items of service to be furnished by CONSULTANT. 12.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the property of CITY. 070529 c10072553 I 0 12.6 The failure of CITY to agree with CONSULTANTrs independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 13.ASSIGNMENT 13.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise disp6se’ofthis Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of CITY will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by 6peration of law. SECTION. 14. NOTICES 14.1 All notices hereunder will be given, in writingj and mailed,- postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 Copy to:Cubberley Community Center and Human Services Division City of Palo Alto 4000 Middlefield Road, T2 Palo Alto, CA 94303 To CONSULTANT: Attention of the program director at the address of CONSULTANT recited above SECTION 15. CONFLICT OF INTEREST 15.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect,, financial or otherwise, which would conflict in any manner, or degree with the performance of the Services. 15.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financial interest under this Contract is an officer or employee of CITY; this 070529 cl 0072553 provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. SECTION 16.NONDISCRIMINATION 16.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite .form furnished by CITY and set forth in Exhibit "D". 16.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: ~ "[Name of Provider] will provide CONSULTANT wi£h a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment, of any person under this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 16.3 If CONSULTANT is found- in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act 9r similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 17. MISCELLANEOUS PROVISIONS 17.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and 070529 cl 0072553 12 relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 17.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in .any court having jurisdiction thereof. 17.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 17.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 17.5 The prevailing party in any action brought t~" enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 17.6 This document represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 17.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 17.8 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 17.9 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 17.10 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 070529 cl 0072553 13 17.11 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 17.12 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 17.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. // // // // // // // // // // // // // // // // // // // 070529 c10072553 14 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives, executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FOP/~: Mayor AVENIDAS, INC. Senior Asst. City Attorney APPROVED: By: Name: Title: Assistant City Manager Director of Community Services Director of Administrative Services Insurance Review APPROVED AS TO CONTENT: Director, Human Services Division By: Name: Title: Taxpayer’s I.D. No. 94-1480548 (Compliance with Corp. Code ~ 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting t0 the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments : EXHIBIT ~A": EXHIBIT "B": EXHIBIT ~’C": EXHIBIT "D": SCOPE OF PROGRAM SERVICES &TIME SCHEDULE CONTRACT BUDGET INSURANCE NONDISCRIMINATION cOMPLIANCE FORM 070529 el 0072553 15 CERTIFICATE OF ACKNOWLED6~ENT (Civil Code § 1189) STATE OF ) ) SS. COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged zo me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 070529 cl 0072553 16 CERTIFICATE OF ACKlqOW]LEDCq~ENT ’Civi! Code § 1189 STATE OF ) COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which t.he person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 070529 cl 0072553 ! 7 EXHIBIT "A" AV..ENmaS, NC. Senior Serviees 201174)9 SCOPE OF PROGRAM SERVICES II III PROGRAM SERVICES CONSULTANT shall provid~ services to the elderly and their families and caregivers through enrichment and individual and. family services. PROGRAM GOALS 1) 2) To provide a comprehensive local resource for seniors and caregivers. 3) 4) To suppo.rt senior adults i}i ~n~i~[fl~ining and improving their functional ability to remain in their own homes, To support caregivers in their ~vork of providing in-home care to less independent seniors. 5) 6) To support older adults in maintaining their homes, keeping them safe and in good operating condition at an affordable cost. To support senior adults in maintaining or improving health and level of fitness. To support seniors in achieving greater satisfaction in life and improved emotional well being. 7)To support the seniors-~ and cafegivers in their search for information about, and assistance with, complex and ey..er-changing issues and problems associated with aging. ~"~ PROGRAM OBJECTIVES 1) 2) 3) Avenidas Exhibit "A" To continue to survey the community and its participants to assess the needs of local seniors and caregivers; regularly re-evaluate its programs and services and develop a multi-year strategic plan. Provide case management to 50 frail, homebound seniors; Provide 7,000 hours of support to homebound seniors; 4) 5) 6) 7) Provide 1,000 brief sessions of resource, housing and practical support; Provide support group assistance to 800 attendees; Provide 7,000 one-way trips to the grocery store, to lunch at La Comida, or to personal appointments; Provide 9,600 hours of adult day health services to less independent seniors, enrolling 35 Palo Alto residentsand providing counseling, referral or enrollment to 200 individuals and their families IV 9) lO) 11) 12) 13) 14) Provide support group assistance to 150 attendees; Provide conferences, workshopsand classes on care-giving issues to 150 attendees; Provide private counseling and support to 300 participants. Deliver 600 handyman jobs at below-market cost Provide 30 fitness and health information classes to 800 attendees; Provide 1,500 health maintenance screenings; Provide 1,500 personal, services, such as podiatry services and massages; 15)Provide 500 influenza immunizations. 16)Provide 50 enrichment classes.to 800 attendees; 17) 18) 19) Provide conferences, lectures arid workshops on issues of interest to seniors to 1,500 attendees; Provide volunteer opportunities to 450 volunteers for a total of 22,000 volunteer hours. Provide 700 one-to-one counseling service sessions on such issues as legal matters, income tax preparation and health insurance. PROGRAM METHODS 1) Avenidas Exhibit "A" Raise funds to leverage its staff resources by partnering with community organizations; Utilize the services of volunteers to provide services to participants and clients and to assist with administrative suppbrttasks. 2 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Avenidas Exhibit "A" Provide weekly academic, health and fitness courses to facilitate intellectual and physical stimulation and to provide opportunity for new skill building such as computer use; Provide a wide variety of lectures to broaden perceptions and to cultivate ideas; Provide entertainment, fellowship, and information exchange at special events, bingo and bridge games, dances, concerts .and other recreational activities; Provide health maintenance screenings including audiology, dentistry, skin cancer, vision/glaucoma, podiatry, blood pressure and mammography. Provide information about health and wellness. Facilitate one-to-one counseling services through scheduling, coordination, and providing.meeting space. Provide information and referral to seniors, family members and service providers: Provide case management that include assessment, care planning, and service arrangements to seniors and frail homebound seniors. Provide emotional support to"seniors through support groups facilitated by a master’s level social worker. Provide consultations to caregiVers for practical advice, linkage to community resources and emotionar~Support. Provide emotional support to caregivers through monthly support groups facilitate by social work staff. Provide emotional and practical support to homebound seniors through trained volunteers. Provide brief resource counseling and practical support to clients through person-to- person or telephone sessions. Develop and maintain linkages with local senior housing facilities through regular site visits. ’ " ~ -::: Provide counseling, referral or em’ollment into adult day health services for individuals and their families "~,ho are in search of assistance for less independent older adults. ~ V VI I) ELIVERABLES 1) 2) Consultant shall provide semiarmual activity reports relating to this Scope of Services for the periods ending December 31, 2007, June 30, 2008, December 31, 2008, and June 30, 2009, within fifteen days after these dates. Each report shall cover tl~ p.receding six months and other such information as theProgram Manager may. request... The final report shall focus on the preceding six months, but shall also provide information on contract services for the entire year. The additional summary repol~ shall cover the period for the entire contract period up to the date prior to submission. Each report shall be prepared in the form agreed upon by the Program Manager and the Consultant. TIME SCHEDULE Services shal! commence on July 1, 2007 and continue through June 30, 2009. Semiannual progress reports shall be completed and submitted to the City on tl~e fifteentli day after each six-month’peri0di’ ’- ~ VII REQUIREMENTS The City of Palo Alto requires lhention of its name in all materials that acknowledge donors in any public ann6uncements or publicity regarding funded programs. CONSULTANT shall comply with the Americans with Disabilities Act (ADA) of 1990. Avenidas Exhibit "A" Exhibi~ AVENIDAS, Senior Services Salaries/Benefits/Payroll Taxes Insurance Audit Rent Utilities Phone Postage Office Supplies Travel Staff Development/Training Computer Hardware/Software Equipment Maintenance/Repair Books/Publications Printing/Publishing Capital Expenses Program Operating Expenses Other (Specify)* TOTAL Description-of. Expenses.. T6tai PrOjected,Budget $1,980,360 $138,684 $20,600 $o $26,780 $13,297 $14,132 $24,825 $11,337 $27,553 $17,644 $o $671465 $32,857 $39,470 $239,800 $876,311 $124,862 $3655;97,7, *Taxes & licensing, fundraising,bad debt & bank fees, crafts shop Tot~lContractBudget $231,656 $16,222 $2,408 $o $3,131 $1,552 $1,651 $2,903- $1,322 $3,220 $2,061 $o $7,891 $3,840 $4,615 $28,051 $102,512 $14,635 $427,670, Exhibit "D" CERTiFICATiON OF NONDiSCRII~INATION Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment. THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SiGNATURE(S) BELOW. Firm: Signature: Name: Signature: Name: Note: (PRINT OR TYPE NAME) (PRINT OR TYPE NAME) Califomia Corporations Code Section 313 requires two corporate officers to execute contracts. *The signature of First Officer* must be one of the following: Chairman of the Board; President; or Vice President. **The signature of the Second Officer** must be one of the following: Secretary; Assistant Secretary; Chief Financial Officer; or Assistant Treasurer. (In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) CITY OF PALO ALTO PAGE 1 OF t CONTRACT NO. BETWEEN THE CITY OF PALO _ALTO AND PALO ALTO CObiW~qqITY CHILD CARE, INC. FOR CHILD C2~_RE SUBSIDY PROGRA~4 This Contract No. is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and PALO ALTO COMMUNITY CHILD CARE, INC., a corporation duly organized and existing under the Nonprofit Corporation Law of the State of California, located at 3990 Ventura Court, Palo Alto, CA 94306 ("CONSULTANT"). RECITALS: WHEREAS, CITY recognizes the continuing needs for child care services for all those persons who live in the City of Palo Alto; and .. WHEREAS, in response to the need for subsidized chil~ care services, CITY desires to support the coordination and operation of a child care subsidy program; and WHEREAS, CONSULTANT’s services hereunder shall include the administration of a child care subsidy program (hereinafter the "Program") and the provision of subsidized child care services under the program at PALO ALTO COMMUNITY CHILD CARE CENTERS and CONSULTANT’S affiliate centers ("Affiliate Centers"). The Program shall be provided in accordance with the specifications set forth in the document entitled "FY 2005-2007 SUBSIDY PROGRAM SPECIFICATIONS," which is attached hereto as Exhibit "B" (with its Attachments 1-2) and made a part hereof by this reference. WHEREAS, CITY desires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Program on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION I. TERM I.I This Contract will commence on July I, 2007 and will terminate on June 30, 2009, unless this Contract is earlier terminated by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT will commence work on the initial and subsequent Program tasks in accordance with the time schedule set forth in 070529 sm 0072579 1 Exhibit "A". Time is of the essence of this Contract. In the event that the Program is not completed within the time required through any fault of CONSULTANT, CITY’s city manager will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by CONSULTANT. SECTION 2.SCOPE OF PROGRAM SERVICES;CHANGESCORRECTIONS 2.1 The scope of Services constituting the Program will be performed, delivered or executed by CONSULTANT under the phases of the Basic Services as described below. 2.2 CITY may order substantial changes in the scope or char~czer of the Basic Services, or the Program, either decreasing or increasing the amount of work required of CONSULTANT. In the even< that such changes are ordered, subject to the approval of CITY’s City Council, as may be required, CONSULTANT will be entitled to full’ compensation for all work performed p<ior to CONSULtANT’s receipt ofthe notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performahce of any such change in work. SECTION 3. CONSULTANT QUALIFICATIONS,STATUS,AND DUTIES OF 3.1 CONSULTANT represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services. CONSULTANT further represents and warrants that the program director and every individual, including any CONSULTANT, charged with the performance of the Services are duly licensed or certified by the State of California, to the extent such licensing-or certification is required by law to perform the Services, and that the Program will be executed by them or under their supervision. 3.2 CONSULTANT shall establish and enforce adequate guidelines for the conduct of its agents,, employees, and any subcontractors (Affiliate Centers) and for the participants in the Program. Selection of paid personnel who directly provide child care services for the Program shall be based upon criteria established by the CONSULTANT in consultation with the program manager, using as a minimum the standards for child care personnel contained in the general licensing requirements of Title 22 of the 070529 sm 0072579 2 California Code of Regulations, as promulgated by the Department of Social Services Community Care Licensing Divisioh. 3.3 If any agent or employee, subcontractor of CONSULTANT, or any agent or employee of its Affiliate Centers materially interferes with or inhibits the full performance of the services to be performed by CONSULTANT under this Contract, the program manager shall notify CONSULTANT of such interference. CONSULTANT shall have thirty (30) days from the receipt of notice to achieve compliance with the Agreement or a resolution satisfactory to the program manager. In the event the problem is not satisfactorily resolved within thirty (30) days after the service of such notice, CONSULTANT, upon.receipt of demand from the program manager, shall discontinue its affiliation with the its Affiliate Centers in connection with the CITY-funded portions of the Program, and the program manager may suspend or terminate the funds to CONSULTANT for that particular segment Of the Program; provided, however, due regard shall be given to the need for Program recipients to locate alternate forms of care for their children. CITY shall pay a reasonable amount of services rgnde}ed by CONSULTANT for that particular segment of the Program ~or period not to exceed thirty (30) days from the date of suspension or terminatiSn. 3.4 In the event of CONSULTANT’S termination of a subcontractor or termination of an.affiliation with its Affiliate Centers, CONSULTANT shall notify the program manager of such termination. 3.5 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Program. 3.6 .CONSULTANT will assign a single program director to have supervisory responsibility for the performance, progress, and execution of the Program. The program director will represent CONSULTANT during the Program. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the program director, the CONSULTANT shall notify the program manager of such a change. 3.7 .CONSULTANT represents and warrants that it will: 3.7.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Program; 3.7.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, 070529 sm 0072579 3 regulations, orders, and ~ecrees which may affect those engaged or emp!oyed under this Contract and any materials used in CONSULTANT’S performance of the Services; 3.7.3 At all times observe and comply with, and cause its employees and CONSULTANTS, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.7.4 Employ those consultants, ~’Affiliate Centers," that are accredited and licensed child care centers, eligible accredited and licensed family child care homes and accredited child care centers that are !egally exempt from licensure, which are affiliated with CONSULTANT, in CONSULTANT’S sole d±scretion, and which receive child care subsidy funds from CONSULTANT under the Program defined in Exhibit "A"; and 3.7.5 Report immediately to the program manager, in writing, any disc[epancy or inconsistency it discovers in the laws, ordinances, regul~tions, orders, and decrees mentioned above in relation to the deliverables. - 3.~ Any deliverables given to, or prepared or assembled by, CONSULTANT or its CONSULTANTS, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its CONSULTANTS, if any, without the prior written approval of the city manager. 3.~ CONSULTANT will provide CITY with two (2) copies of any documents which are a part of the deliverables upon their completion and acceptance by CITY. 3.10 If CITY requests additional copies of any documents which are a part of the deliverables, CONSULTANT will provide such additional copies and CITY wil! compensate CONSULTANT for its duplicating costs. 3.11 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Program. All consultants of CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. 3.12 In the execution of the Program, CONSULTANT and its consultants, if any, will at-all times be considered independent contractors and not agents or employees of CITY. 3.13 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additiona! 070529 sm 0072579 4 Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.13.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.13.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.13.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.13.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.14 CONSULTANT will be responsible for employing all CONSULTANTS deemed necessary to assist CONSULTANT ~n the performance of the Services. The appointment of CONSULTANTSmus~ be approved,_ in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. 3.15 CONSULTANT shall provide the Program according to the policies and operating principals set forth below: 3.15.1 Parents or guardians of childrei in the PROGRAM shall have the opportunity and be actively encouraged to choose the child care services that best meet their needs. 3.15.2 Inclusion of children in the Program with differing social, cultural, ethnic and economic backgrounds shall be actively encouraged. 3.15.3 CONSULTANT shall use its best efforts to serve the maximum number .of children in all age categories under the Program. 3.15.4 Client payment of fees for services in the Program will be related to ability to pay, using as a guide CONSULTANT’s Family Fee Schedule included in this Contract as Attachment 1 to Exhibit "B" hereof. 3.15.5 General and income eligibility for participation in the Program as a recipient of child care subsidy funding shall be as set forth in Exhibit "B" hereof. 070529 sm 0072579 5 3o15.6 Payment for the program’s child care subsidy payments shall specify actual expenditures directly related to this Contract in accordance with Exhibit "B". 3.15.7 CONSULTANT shall ensure that all CONSULTANT child care centers and all Affiliate Centers that receive any subsidy funds under the Program use such funds for secular purposes only. CONSULTANT shall further ensure that all such child care centers refrain from offering religious instruction, worship or other religious activities while providing child care services, in accordance with the provisions of the California and United States Constitutions. 3.16 CONSULTANT shall coordinate its services with other existing organizations providing similar services in order to foster community cooperation and to avoid unnecessary duplication of services. 3.17 CONSULTANT shall seek out and apply for other sources of revenu} in support of its operation or services from county, state, federal’ and private sources. Unless deemed inappropriat9 by the Program Manager, City shall support CONSULTANT in its search of grants, funding, or other income by serving as a sponsoring agency, by providing letters of support, or by rendering advice on applications for grants. The receipt of such funds shall be reported as provided in paragraph 7.4 3.18 CONSULTANT shall include an acknowledgment of CITY funding and support in all appropriate publicity or publications regarding its programs and services using words to the effect that "services are provided in cooperation with the City of Palo Alto" or "through City of Palo alto funding" as approved by the program manager. 3.19 Said sites and facilities at which the services of the Program are offered shall conform to all federal, state and local laws and regulations regulating the use of said sites and facilities for child care services. 3.20 Throughout the term of this contract, CONSULTANT shall remain an independent, nonprofit corporation under the laws of California governed solely by a Board of Directors, with up-to- date Bylaws. CONSULTANT shal! operate by its Bylaws. Any changes in CONSULTANT’s Articles of Incorporation, Bylaws, or tax-exempt status shall be reported by CONSULTANT immediately to theprogram manager. No member of the Board of Directors of CONSULTANT shall . be paid employee, agent, servant, or subcontractor of CONSULTANT under this contract during all or any part of his or her tenure as a member of the Board of Directors of CONSULTANT. 070529 sm 0072579 6 3.21 The Board of Directors of CONSULTANT shall include representation from the broadest possible cross section of the community including: those with expertise and interest in CONSULTANT’S services, representatives from community organizations, and user of CONSULTANT’s services. 3.22 All meetings of the Board of Directors of CONSULTANT shall be open to the public, except meetings, or portions thereof, dealing with personnel, real estate transactions, or litigation matters. 3.23 CONSULTANT shall keep minutes of all regular and specia! meetings of its Board of Directors. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Program as may be reasonably requested by CONSULTANT. 4.2 The city manager will represent CITY for all purposes under this Contract. The Manager of Child and Family Resources for the Human Services Division is designated as the .program manager for the city manager. The program manager will supervise the performance, progress, and execution of the Program, and will be assisted by the Management Assistant for the Human Services Division. 4.3 In the event CITY should determine from any identifiable source, including but not limited to reports submitted by CONSULTANT under this contract or any evaluation report from any identifiable source, that there is a condition which requires correction, CITY may forward to CONSULTANT requests for corrective action. Such requests shall indicate the nature of the issue or issues which are to be reviewed to determine the need for corrective action and may include a recommendation as to appropriate corrective action. Within thirty (30) days of CITY’S request, CONSULTANT shall submit its response, which shall include its views of the problem and proposed action, if any. Upon request of either party, the parties shall meet to discuss any such request and response within the thirty-day period specified. SECTION 5. COMPENSATION 5.1 CITY will compensate CONSULTANT for the following services and work: 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expense, CITY 070529 sm 0072579 7 will pay CONSULTANT a fee not to exceed Four Hundred Thirty-Three Thousand Two Hundred Seventy-One Dollars ($433,271.00) for the first contract year (fiscal year 2007-08) subject to approval of Section 17.12. 5.1.2 In consideration of the full performance of the Basic Services for the second contract year (fiscal year 2008- 2009), including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed Four Hundred Thirty-Three Thousand Two Hundred Seventy-One Dollars ($433,271.00). The actual amount of compensation for the second year of this contract shall be approved by the city manager and shall be subject to the provisions of Section 17.12 of this contract. 5.1.3 CONSULTANT shall submit a statement to City: on October 15, 2007 for services rendered during the period July i, 2007 through September 30, 2007; on January 15, 2008 for services rendered during the period October i, 2007 through December 31, 2007; on Apri! i~, 2008 for services rendered January i, 2008 through March 31, 2008; on July 15, 2008 for services r~ndered during the period April I, 2008 through June 30, 2008; on October 15, 2008 for_services rendered during the period July i, 2008 and September 30, 2008 on January 15, 2009 for services rendered during the period October I, 2008 through December 31, 2008; on April 15, 2009 for services rendered during the period January i, 2009 through March 31, 2009 and on July 15, 2009 for services rendered during the period April I, 2009 through June 30, 2009. The fees of the consultants, who have direct contractual relationships with CONSULTANT, wil! be approved,~ in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 5.1.4 Notwithstanding the foregoing limitations, the city manager shall have the authority to approve payments by the CITY to CONSULTANT under this contract in advance of CONSULTANT’s incurred expenditures. Provided, however, that CONSULTANT’s need for such advance payment shall be supported to the satisfaction of the CITY’s director of administrative services and total maximum compensation shall not exceed the total compensation under this Contract as set forth in paragraphs 5.1.1 and 5.1.2 hereof. 5.1.5 CONSULTANT shall ensure that the total cost of services, including user fees, billed by Affiliate Centers to CONSULTANT for participants in the Program shall not exceed the cost of similar services paidby full fee parents or users of the Affiliate Centers. 5.1.6 CONSULTANT shall not charge Program recipients any child care fees in excess of those fees set forth in Attachments 1 and2 of Exhibit "B" hereof. CITY’S payment under 070529 sm 0072579 8 this Contract to CONSULTANT for services under the Program rendered by Palo Alto Community Child Care Centers or Affiliate Centers shall also not exceed the fees set forth in Attachments 1 and 2 of Exhibit "B", less the amount of any parent contribution paid when required by the Family Fee Schedule set forth in Attachment 1 to Exhibit "B". 5.1.7 All property donated to CONSULTANT shall be presumed donated to CONSULTANT, unless specified otherwise. 5.1.8 Upon termination of the Program, all equipment and other property purchased with CITY funds not directly on loan from CITY may be disposed of with prior approva! of the CITY, by CONSULTANT to community nonprofit organizations providing children’s services. If any property purchased with CITY funds is not disposed of within a reasonable period of time, not to exceed three months, the property, or reasonable value therefor, shall be turned over by CONSULTANT to CITY immediately, and the same shall become the permanent property of CITY. 5.1.9 The full payment of charges for extra 6ork or changes, or Both, in the execution of the Program will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the program manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maAimum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design.work or change order preparation, which is made necessary on account of CONSULTANT’S errors, omissions, or oversights. 5.1.10 Direct personnel expense of employees assigned to the execution of the Program by CONSULTANT will include only the work and other documents pertaining to the Program, and in services rendered, to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments will be made as follows: 5.2.1 CITY shall pay CONSULTANT the sum of One Hundred Eight Thousand Three Hundred Seventeen Dollars and seventy- five cents $108,317.75) on each of the following dates: July 15, 2007, October 15, 2007, January 15, 2008, and April 15, 2008. 070529 sm 0072579 9 The payment schedule for the second year will be as follows: July 15, 2008, October 15, 2008 and January 15, 2009. Final payment for services under this contract shall be due on July 15, 2009 and shall be calculated as follows: Total of all charges for second year of contract services less credit for each quarterly payment received. In no event shall the final payment due exceed One Hundred Eight Thousand Three Hundred Seventeen Dollars and seventy-five cents $108,317.75). Payment for the Program’s childcare subsidy payments shall specify actual expenditures directly related to this Contract in accordance with Exhibit "B". Final payment wil! be made by CITY after CONSULTANT has submitted all deliverables, including, without limitation, reports which have been approved by the program manager. SECTION 6.PROGRAM RECORDS Upon reasonable notice, CONSULTANT shall grant the program manager access to all CONSULTANT records, data, statements, and reports, which pertain to this Program. CONSULTANT shall grant access to aRy confidential or clinical records of personnel and clients which tend to identify specific individuals to the CITY, for the sole purpose of program auditing processes. CONSULTANT shall secure appropriate personnel and client authorization forms from the appropriate sources necessary to allow the audit to occur. SECTION 7. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 7.1 CONSULTANT shall appoint a fiscal agent who shall be responsible for the financia! and accounting activities of CONSULTANT, including the receipt and disbursement of CONSULTANT funds. 7.2. CONSULTANT shall appoint from its Board a treasurer who shall review the Financia! Statements of CONSULTANT on a regular basis. 7.3 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Program will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 7.4 Annual financia! expense and revenue summary sheets including information about any Ventura Schoo! rental revenue, 070529 sm 0072579 10 shall be submitted on an annual basis to the CITY’s Human Services Division by CONSULTANT° 7.5 CONSULTANT shall provide for independent audit of its fisca! year transactions, records, and financial reports at least every two (2) years. The certified public accountant shall submit the report to both parties. The cost of this audit shall be borne by CONSULTANT. 7.6 The originals of the deliverables, if any, prepared by or under the direction of CONSULTANT in the performance of this Contract will become the property of CITY irrespective of whether the Program is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY will have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any~ alterations or modifications of such documents. SECTION 8. INDEMNITY 8.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, emp!oyees and agents, from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONSULTANT’s, its officers’, agents’, CONSULTANTS’ or employees’ negligent acts, errors, or omissions, or willfu! misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT. in the performance of or failure to perform its obligations under this Contract, and the provision of child care services by CONSULTANT, its employees, agents, or subcontractors, or by the CONSULTANT affiliate centers, whether or not such services are paid for with administration or subsidy funds under this contract. SECTION 9. WAIVERS 9.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law wil! not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 070529 srn 0072579 9.2 No payment, partial payment, accep~ance~ or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION i0.INSURANCE I0.I CONSULTANT, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONSULTANT and its CONSULTANTS, if any, but also, with the exception of workers’ compensation, employer’s liability and professiona! liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 10.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and al! CONSULTANTS of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term~ of this Contract, identical insurance coverage, naming CITY as a~ additional iusured under such policies as required above, whether or not such services are paid for with administration or subsidy funds under this Contract. CONSULTANT shall also be responsible to ensure that all CONSULTANT Affiliate Centers and any subcontractors obtain and maintain in full force and effect throughout the entire term of this contract. 10.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the CITY’s city clerk thirty (30) days prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with th8 city clerk. 10.4 The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance., CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such 070529 sm 0072579 12 damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION ii. WORKERS’ COMPENSATION ii.I CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Program. PROGRAM SECTION 12 -TERMINATION OR SUSPENSION OF CONTRACT OR 12.1 The city .manager may suspend the execution of the Program, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days prior written notice thereof to CONSULTANT, or immediately after submission to gITY by CONSULTANT of any completed item of Basic Services. Upon receip[ of such no%ice, CONSULTANT will immediately discontinue its performance under this Contract. 12.2 CONSULTANT may terminate this Contract or suspend its execution of the Program by giving thirty (30) days’ prior written not±ce thereof to CITY, but only in the event of a substantial failure of performance by CITY or in th~ event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Program. 12.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additional Services performed and deliverab!es received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Program is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s City Council. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of .CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of her discretion. 12.4 In the event of termination of this Contract by the CITY, CONSULTANT shall forthwith c!ose CITY-funded portions of the Program; provided, however, due regard shall be given to the need for Program recipients to locate alternate forms of care for their 070529 sm 0072579 1 3 children. CITY shall pay a reasonable amount for services rendered by CONSULTANT while closing CITY-funded portions of the Program for a period not to exceed thirty (30) days from the date of any termination° 12.4ol For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 12.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT wil! be compensated for each item of service in an amount which bears the same ~atio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the full performance of that item of service. 12.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 for the respective items of servic~ to be furnished by CONSULTANT. - 12.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the deliverables, whether or not completed, prepared by CONSULTANT or its CONSULTANTS,if any, or given to CONSULTANT or its CONSULTANTS, if any, in connection with this Contract. Such materials will become the property of CITY. 12.6 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 13.ASSIGNMENT 13.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT wil! not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be. a consent to any subsequent assignment. Any assignment made without the approva! of CITY will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. // // 070529 sm 0072579 1 4 SECTION 14o NOTICES 14.1 All notices hereunder will be given, in writing, and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 Copy to:Cubberley Community and Human Services Division City of Palo Alto 4000 Middlefield Road, T2 Palo Alto, CA 94303 To CONSULTANT: Attention of the program director at the address of CONSULTANT recited above SECTION 15. CONFLICT OF INTEREST 15.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 15.2 CONSULTANT further covenants that~ in the performance of this Contract, it will not employ contraotors or persons who are officials, officers or employees of CITY having such an interest mentioned above without divulgence of such fact to CITY. CONSULTANT certifies that no one who has or wil! have any financia! interest under this Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. SECTION 16. NONDISCRIMINATION 16.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 070529 sm 0072579 15 16.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with al! Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, co!or, national origin, ancestry, religion, disability, sexua! preference or gender of such person." 16.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspendthis Contract, in whole or in part, or to.deduct the sum of twenty-five dollars ($25) for each person for eac~ calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agencY or officer will constitute evidence of a breach of this Contract. SECTION 17. MISCELLANEOUS PROVISIONS 17.1 CONSULTANT represents and warrants that. it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisionswill be effected pursuant to the terms of this Contract. 17.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 17.3 This Contract will be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law. 070529 sm 0072579 1 6 17.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California° 17.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 17.6 This document represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 17.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 17.8 The covenants, terms, conditions and provisions of this Contrac% will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and CONSULTANTS, as the case may be, of the parties. 17.9 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of th~s Contract and any amendments thereto will remain in full force and effect. 17.1.0 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 17.11 This Contract may beexecuted in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 17.12 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are .no longer available. This Section 17.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. 070529 sm 0072579 17 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FOP4~: Senior Asst. City Attorney APPROVED: Mayor PALO ALTO COI~MUNITY CHILD CA/hE, INC. By: Name: Assistant City Manager Director of Community Services Director of Administrative Services Insurance Review APPROVED AS TO CONTENT: Director, Cubberley Community And Human Services Division Title: By: Name: Title: Taxpayer’s I.D. No. 94-2242823 (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Manager of Child& Family Resources Attachments: EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C": EXHIBIT "D": SCOPE OF PROGRAM SERVICES & TIME SCHEDULE SUBSIDY PROGRAM SPECIFICATIONSWITH ATTACHMENTS 1 & 2 INSURANCE NONDISCRIMINATION COMPLIANCE FORM 070529 sm 0072579 1 8 CERTIFICATE OF ACKNOW-LEDC~Y~NT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 070529 sm 0072579 ]_ 9 CERTIFICATE OF AC.KNOWLED~IENT (Civil Code § I189) STATE OF ) COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand andofficial seal. Signature of Notary Public 070529 sm 0072579 2 0 EXHIBIT "A" PALO ALTO COMMUNITY CHILD CARE (PACCC) Child.Care Subsidy Pr.ogram FY 2007-2009 SCOPE OF PROGRAM SERVICES MISSION: To provide low-income families with subsidies to acquire quality child care services. These childcare services will enable parents to work or attend school and provide for their families, as well as to support their children’s developmental needs. PROGRAM SERVICES CONSULTATANT shall administer, in a cost-effective manner, a child care subsidy program (the. "Program") for low-income families as described in the Subsidy Program Specifications set forth in Exhibit B to this Agreement. Approximately fifty (50) children of low-income families shall be provided subsidized childc.are through the Program at PACCC childcare centers and at PACCC Affiliate Centers (as defined in this Agreement). Subsidized child care services shall be provided~-:,Onring those time periods when both parents or lega~ guardians are employed, seeking employment, students, incapable of providing care due to disability, or when the child is referred to the Program by the Child Protective Services (CPS) Division of the California Department of Social Services. School age childcare subsidy funds will only be made available to students enrolled in Kindergarten through the su, mmer after completion of grade five. II SUBSIDY PROGRAM GOALS, OBJECTIVES & METHODS: SUBSIDY PROGRAM GOAL #1 Maximize the number of children and families served by City of Palo Alto Subsidy program. :, OBJECTIVES FOR SUBSID,Y PROGRAM GOAL #1 Improve data collection and eligi.bi~ity :tracking to ensure appropriate enrollments. METHODS FOR SUBSIDY ,P.R .O.G..tk~,M GOAL #1 1)Collaborate with San Mat,co County agencies and Palo Alto Unified School District to notify all VTP- ,eligiNe, families of their eligibility for CPA childcare subsidy funding. PACCC Child Care Subsidy Program FY 2006-07 Exhibit "Aq" Scope of Program Services Page 1 2) 3) Collaborate with the Palo A!to .t!, 0using Corporation staff to ensure that eligible residents of subsidize~l housing are informed of their eligibility for subsidized child care services .... :~ ,, . Better serve all applicant f~amilies’ need for integrated community resource and referrals, including the ava!!abi!!~y of Spanish-speaking staffto provide such services. 4)Work toward accommodating each family’s unique need and each child’s best interest within the programs that-qualify for City of Palo Alto Subsidy funding. SUBSIDY PROGRAM GOAL#2 Provide families with information about outside funding sources to maximize the use of childcare subsidy funds, including funding sources for family services to support the special needs of low-income families. OBJECTIVES FOR SUBSIDN.PRO,G~M GOAL #2 1)Build collaborations v~i~h agenCies administering funds for service for special needs population served .b.,y...:~.A,.. Subsidy program. 2)Application of CPA funding~o~ssist families who come to PACCC needing reliable, developmentally appropriate, center-based childcare, but whose Alternative Payment Program or CDE subsidy is insufficient to cover the cost of such care. 3)PACCC administers funding appropriately to respond and serve specific growth in community need. METHODS FOR SUBSIDY PROGRAM GOAL #2 1) 2) 3) Continue to seek and secure fund development opportunities that enhance the total available direct servic(s.~d~ing for child care subsidies in order to augment and support CDE and,~PAprograms. Continue to develop local, .fundr, aising initiatives (engaging PACCC families, staff, and the Board of Diiectors, and the community at large. Participate with coordinating agencies in the development and eventual implementation of the Centralized Eligibility List (CEL) in Santa Clara County, and assist families in applying to the.CEL. PACCC Child Care Subsidy Program FY 2006-07 Exhibit "A- 1" Scope of Program Services Page 2 Investigate alternative child care arrangements to refer eligible families serving time on the Eligibility List. SUBSIDY PROGRAM GOAL #3 To work toward increasing the numbers of affiliate providers participating in the subsidy program including family childcare providers, thereby increasing parental choice. METHODS FOR SUBSIDY PROGRAM GOAL #3 1)Continue efforts to guide and support local family and center based childcare providers through the workshops and resources in The Provider Connection; Continue efforts to provide information to childcare providers about becoming affiliate providers for City of Palo Alto subsidy program funding. GENERAL PROGRAM GOALS~. O, BJECTIVES, METHODS & PROCEDURES 1) Comply with state Progr~ Specifications and PACCC Operating Procedures with regard to the administration and management of subsidy funding, including verification of family and child eligibility, need, residency, and attendance; completion of annual re-certifications for enrolled families; and maintenance of Contracts for Services that appropriately reflect changes in the above. 3) 4) 5) 6) 7) Collect, track, and compile data sufficient to provide annual f’mancial reports, including all agency revenue and expenditures as required under City of Palo Alto contract. Coordinate with the Child and Family Resources Manager to conduct an annual program evaluation. .. .- , , Maintains a ranked Eligibility List for participation in the program, with enrollment priority bas~ Npo,n.¢i.nqome level, initially using established priorities as detailed in the Program specifications of the contract. Review and rar~ing of new al~piicants to the Eligibility list on a quarterly basis. Conduct detailed Eligibili@ List analysis to identify trends in community need and groups of applicants with the longest waiting periods. Further develop Eligibility List and enrollment policy to make explicit the prioritization of underserved applicant groups. PACCC Child Care Subsidy Program FY 2006-07 Exhibit "A-I" Scope of Program Services Page 3 8)Implement such revised Eligibility List and enrollment policies in order to ameliorate waiting periods. 9)Regularly survey local child care professionals to ascertain topics of interest for workshops and hire trainers to present workshops that meet those interests in collaboration with PACCC’s ongoing in-service training. lO)Encourage PACCC staff at al! levels to enroll and complete the Palo Alto Resources Ambassador Training Program. 11)Maintain updated CPA Family Resources Kiosks; acquire and use new Kiosks where appropriate. 12)Provide referrals to local Community service agencies and programs that offer resources that PACCC cannot for low income families. ACKNOWLEDGEMENT OF CITY FUN.DING: PACCC shall include an acknowledgement of City funding and support in all appropriate publicity or publications regarding the PROGRAM, using words to the effect that’ "subsidized child care services are provided through City of Palo Alto funding," or as otherwise approved by the Project Manager. REPORTS: Contractor shall provide activity reports relating to this Scope of Program Services for the periods ending September 30, 2007, December 31, 2007, March 31, 2008, June 30, 2008, September 30, 2008, December 31, 2008, March 31, 2009, and June 30, 2009 within fifteen days after these dates.. Each report shall cover the preceding period and other such information as the Project Manager may request. The final report shall focus on the final four months, but also shall p,rovide :info,.n2n. ation on contract services for the entire term. Each report shall be prepared in the form agreed upon by the Project Manager and .the Contractor AMERICANS WITH DISABILITIE~ ,ACT: Contractor shall comply with the Americans with Disabilities Act (ADA) of 1990. PACCC Child Care Subsidy Program FY 2006-07 Exhibit ’%- 1" Scope of Program Services Page 4 PALO ALTO COMMUNITY CHILD CARE (PACCC) Child Care Subsidy Program F¥ 2907-~)9 SUBSIDY PROGP~/! SPECIFICATIONS SERVICES: PACCC shall centrally administer and manage City funds to provide child care subsidies for families with low income and very low incomes, who are eligible based on and in accordance with the City-approved. 2004-2005 Family Fee Schedule attached hereto as "Attachment 1" and incorporated hereinby this reference (the "Program"). The approval of at least two (2) members of PACCC management for the granting of childcare subsidy under the Program must be obtained for each recipient. The PACCC Subsidy Coordinator shall maintain a centralized waiting list for the Program in the PACCC administrative office. Subsidized childcare under the Program may be provided at PACCC childcare centers and PACCC Affiliate centers. Fees charged at PACCC childcare centers shall be as set. forth in "Attachment 2" to this Exhibit "B", which, is attached hereto and incorporated herein by thig reference. ~ ’ ’ Subsidized child care services shall be~ pr.ovid.ed during those time periods when both parents or legal guardians are employed, seek~ ~inpl’6yment, students, incapable of providing care due to disability, or when the child is referred to the Program by the Child Protective Services (CPS) Division of the California Department of Social Services. General Eligibility for Use of Program, Subsidy Funds: Only the following children are eligible for .CitY subsidized childcare services: a) Children whose parent or legal guardian is a resident of the City of Palo Alto b) Children whose parent or legal guardian is employed by the City of Palo Alto c) Children attending the Palo Alto Unified School District ("PAUSD") through the Voluntary Transfer Program pursuant to the Tinsley Settlement Order in San Mateo County, Superior Court Case No. 206010 (the "Tinsley Agreement") d) Homeless children referred in writing by a local social service agency or shelter School age childcare subsidy funds will only be made available to students enrolled in Kindergarten through the summer after the completion of grade five. PACCC Child Care Subsidy Program FY 2005-07 Exhibit "B" Program Specifications Page 1 Documentation of Residency Requirement for City Subsidy Elig~Nlity: Verification of general eligibility for child care subsidy under the Program must include one or more of the following as applicable: ¯~ a)Utility bill from past month establishing Palo Alto residence b)City of Palo Alt0 pay stub establishing employment by the City c)Documentation of Tinsley Agreement participation by establishing attendance at PAUSD under the program. d)Documentation from a local emergency shelter or agency serving victims of domestic violence accompanied by verification of residency in Palo Alto within the past year e)Documentation of homeless status by a local social service agency or shelter. Verification of Income Eligibility for City Subsidy: Verification of income eligibility for ch~dcare subsidy under the Program must include one or more of the following documents establishing gross monthly income level of recipient family: a)Copies of two (2) latest wage stubs b)UnemploYment Insuranc~’~B~.~fit (UIB) award letter c)Federal tax filing information for last two (2) years if self-employed d)Notice of Action (NOA) letter from social service agency if receiving - public assistance e)Registration verification frbm School or training program signed by appropriate school personnel Adjusted Gross Monthly Income for Families with Severe Disabilities: Families that have a member with ~t ~S6Veie disability requiring non-reimbursable medical expenses are eligible for a subsidized rate that takes into account these expenses. A severe disability is defined as those conditions, which are catastrophic (violent or sudden in nature with extreme consequences), long-term (occurring or involving a long period of time of hardship and suffering), or terminal (leading 61timately to death). The following documentation is required: a) A written letter from a medi(ai’ ~hysician detailing the nature of and severity of the disability and; b)Formal documentatiofi:gubstantiating that the expenses are directly related to the disability (a verifiable.itatemmi( 6f non-reimbursable medical expenses). For families that qualify under these guidelineS, the medical expenses directly related to the stated disability will be deducted from the gross monthly income as calculated in accordance with the 2004-2005Family Fee Schedule... Families will be given credit for their medical expenses and their hourly contribution"Wlii.)~ reduced by ten steps on the 2004-2005 Family PACCC Child Care Subsidy Program ., FY 2005-07 Exhibit "B" Program Specifications Page 2 Fee Schedule. Families that qualify for an adjusted parent hourly contribution based on disability related expenses may earn up to 100% of the Santa Clara County median income but must meet all other requirements related :to initial eligibility and continued eligibility based on semi-annual re-certifications. Parents in Training: .... Students must be attending school or working toward a recognized vocational goal as documented on forms signed by the Registrar. When appropriate, documentation of a passing grade will be required during the recertification process in order to document satisfactory progress. Parents Seddng Employment: Parents are eligible for ninety (90) :working days of childcare per fiscal year to seek employment if their employment or training period ends. Documentation and verification of job search and interviews will be required during recertification. Parents Employed by Temporary work ~gency: Parents employed by a ~emporary ..work ,agency (A temp) are eligible for childcare, subsidy. The parent will be required to subniig.t,he following documentation verifying that he or she ig employed by the agency and accepting as, signments as they are offered: a) An offer letter from the agencY.that states the hours the employee has requested work (e.g. part-time, 8:30am.~o 12:30pm) and the range of pay; b)A record of when the parent Was offered an assignment, if it was accepted, the length of the assignment, the hours worked, and the rate of pay. The parent must submit the record to the Subsidy Coordinator at the end of each month, along with pay stubs of wages earned for the month; c)The parent must sign a A Release of Information form to have on file with the Atemp agency and the Subsidy ~Coordinator. The Subsidy Coordinator will contact the Atemp agency at the end of each month to verify the record of assignments submitted by the, pa.ren,t; If the Subsidy Coordinator determines., that the parent is not accepting assignments on a consistent basis, the parent’s need. for ctiildcare will be reassessed, and may result in termination of the childcare subsidy. - Teenage Parents: " . . , Teenage parents are eligible to receive..subs.idized childcare services. The parent may be referred to the program by PAUSD as needing subsidized childcare in order to remain in school. During the summer months, the~ parent must be enrolled in summer school or employed in order to continue to receive subsidized childcare services. If the parent is not PACCC Child Care Subsidy Program FY 2005-07 Exhibit "B" Program Specifications Page 3 enrolled in school or employed during the. summer months, he or she will be required to participate in the chfldcare program for a minimum of !5 hours per week. The goal of this requirement is to assist the parent with parenting skills in a supportive environment. Priority for C~ty-Subsidized Child Care Services: Priority shall be granted to families with the lowest gross monthly income in relation to family size as determined by the 2004-2005 Family Fee Schedule. Eligible children who are referred to the City Subsidy Program through Child Protective Services (CPS) or to the Barron Park Four-Year-Old Program through the PAUSD are exempt from the income eligibility requirement. PACCC shall maintain written documentation of such referrals. When applications are received from families with the same income, the priority list is as follows: 1) Recipients of child protective services (CPS) for children who are neglected or abused, or at risk of being neglected or abused, upon written referral from a legal, medical, or social service agency; or children who are victims of domestic violence who are. referred in writing by a local social service agency or shelter ’ 2)Children designated as A~-Ri~I~~ Of failure in Kindergarten by the PAUSD 3)Children residing in a ;ifi~l~"2~iit household - 4)Families which are homeless or at risk of homelessness; residing in a transitional housing program 6r emergency shelter, upon written referral from a local social service agency 5) Currently enrolled PACCC families transitioning from another subsidy program due to changes in income, family size, need for care, or residency and siblings of currently subsidized PACCC children Certification and Re.Certification: Each family receiving City subsidy must be required to re-certify to PACCC once annually to verify continued compliance with iili=:~f .the~=e!igibiiity criteria for the Program (general and income eligibility). PACCC shall ofice anni~ally review the City subsidy recipients’ files to ensure that the required updates of iriformati6nhaVe been provided. Change of Status Notification: Subsidy recipients under the Program .sha!i~!,be.,. advised that, should their eligibility circum- stances change (e.g. change of income, employment, and residence) the clients must report that change within ten (10) days to the PACCC Subsidy Coordinator. PACCC Child Care Subsidy Program FY 2005-07 Exhibit "B" Program Specifications Page 4 Transitional CNld Care: When parents no !onger qualify for a child care subsidy because their income exceeds eligibility limits, parents will continue to receive approximately three (3) months of transitional child care at the subsidized rate. Use of City Funds W~th Regard to Attendance: Families enrolled in the Program agree to use specific hours of care on specific days. Children must be signed in and out each day on an attendance sheet, which is kept by the PACCC Center or the Affiliate Center to verify actual use. The City will not reimburse for hours used outside the agreed-upon contract hours. Consistent attendance is a condition of receiving subsidized childcare. If it is determined that a child is excessively absent, the Subsidy Coordinator will limit the child to twelve (12) A best interest days per fiscal year and/or reassess the family’s need for subsidized chi!d care. Absences considered A best interest days include a parent’s day off, parent’s vacation, school vacation, or a child’s visit with family members~ Parents are required to record the reason for an absence on the attendance sheet. Children are allowed a maximum of ten (10) consecutive days of excused absence, per month. Excused absences include illness of the child, illness of the parent, or a family emergency. A cfilld who has a long-term incapacitation may be exempt from this policy. In this instance, written verification from a physician as to the nature of th~ incapacitation wilt be required. Children who receive child care subsidies under the Program who are absent for more than one (1) week consecutively without prior n&ification and documentation (excused absence forms) will be dropped from the program and must reapply for admittance. Reinstatement of the childcare subsidy will be determirled by tl~e PACCC Executive Director and the Subsidy Coordinator. Excuse forms may indiude~.., .~ ~an.:; excuse slip signed by the parent, guardian, or appropriate doctor .... Attendance and City-Subsidy Admini~ti’ation Policies and Procedures: PACCC shall design and implement the ds~ of standard forms to record and summarize the children’s attendance at all PACCC facilities and PACCC affiliate childcare centers. PACCC administrative personnel shall periodically r~view the forms and record keeping of attendance for propriety and completeness. Program ,.administration policies and procedures shall also periodically be updated and enforced, consistent with the requirements of this Agreement. Guidelines for Affiliate Agency Use of City Subsidy Funds: PACCC shall ensure that the requirements described herein shall apply to all affiliate agencies that receive City funds administered through PACCC. PACCC shall oversee and monitor all of its affiliate contracts to ensure that compliance with this contract is maintained. PACCC Child Care Subsidy Program FY 2005-07 Exhibit "B" Program Specifications Page 5 Accreditation Requirement for All Child Care Program Receiving City Subsidy Program Funds: All PACCC and PACCC affiliates participating in the Program must be nationally accredited or actively pursuing accreditation through ~the National Association for the Education of Young Children (NAEYC), the National School .Age Care Alliance (NSACA), or the National Association of Family Child Care (NAFCC). l~rograms that are not accredited must sign a Letter of Intent that indicates the chfldcare programs plan to complete the accreditation process within two (2) years. Exceptions may be made for programs that are affiliated with an umbrella organization that incorporates the principles of self-evaluation and high quality standards. Programs which fail to meet the accreditation or re-accreditation deadline will be restricted from enrolling new children tb their programs through the City Subsidy Program and be required to submit a plan of action and deadlines to become accredited. Reimbursement to Programs failing to meet accreditation deadlines will only occur when proof of submission of materials and met deadlines are submitted to the PACCC Subsidy Coordinator. Family Fee Schedule: The Family Fee Schedule may be adapted to reflect modifications in the low-income guidelines as defined by the federal Housing and Urban Development (HUD) Authority Cgmmunity Development Block Grant (CDBG) programs. ~. Case Review: Each family receiving City Subsidy. fu’ndg shall have a case review after eight years in the Program. The PACCC Executive Dir~tor,~ ~Site Director, and Subsidy Coordinator, together with the City’s Child and Family Services Maflager, will review the case to determine whether the subsidy funds should continue b~yond th~ eighth’ year. PACCC’s Subsidy Coordinator maY mal~ exceptions to compliance with the. Program’s written policies and procedures with v)i:itten authorization from the City’s Child and Family Services Manager. PACCC Child Care Subsidy Program FY 2005-07 Exhibit "B" Program Specifications Page 6 Exhibit "C" PALO ALTO COMMUNITY CH]LID CARE, Child Ca~’e Subsidy Program FY 2007=(}9 CONTRACT BU~3GET Description of Expenses i Total R’oje~ted Budget Salaries/Benefits/Payroll Taxes Insurance Audit Rent Utilities Phone Postage Office Supplies Travel Staff Development/Training Computer Hardware/Software Equipment Maintenance/Repair Books/Publications Printing/Publishing Capital Expenses Program Operating Expenses Other - Direct Subsidies TOTAL $1,015,411 $8,000 $7,300 $92,000 $13,000 $8,000 $2,800 $4,700 $o $7,300 $o $4,800, $35,000 $2,300 $2,300 $5,882 $115,000 $1,323,793 Total ContractBudget $68,115 $1,788 $1,358 $o $1,618 $1,703 $1,358 $1,575 $o $1,575 $0 $0 $1,017 $1,788 $1,788 $o $o $349,588 $433,271~