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HomeMy WebLinkAbout28-Mayor's Office e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Patrick J. Morris, Mayor Subject: Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the California Department of Corrections and Rehabilitation, Division of Community Partnerships authorizing the Mayor to execute the grant contract, and authorizing the Mayor's office to administer the Inter- Governmental Partnership prison reentry planning grant. MICC Meeting Date: February 20, 2007 Dept: Mayor's Office Date: January 31, 2007 Synopsis of Previous Council Action: 1/16/07 Grants Ad Hoc Committee Meeting-Item recommended for approval. Recommended Motion: Adopt resolution u"" ~ Signature Contact person: Kllrt lA/ilc:nn Phnn..' (!:In!:l) "lR.4_li1 "l"l Supporting data attached:grant application staff report, resolution, contract Ward: Citywide FUNDING REQUIREMENTS: Amount: $100,000 in grant revenue Source: (Acct. No.) (A~,..t n~~,...ription) Finance: Council Notes: ~J~ Agenda Item No. ~ e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the California Department of Corrections and Rehabilitation, Division of Community Partnerships authorizing the Mayor to execute the grant contract, and authorizing the Mayor's office to administer the Inter-Governmental Partnership prison reentry planning grant. Background: Our police department and District Attorney have done an exemplary job of capturing and prosecuting the criminal element that has plagued our community. However, 90-95% of the people from this community who commit a felony will return to this community after their prison sentence. The current system releases prisoners to our streets with nothing more than $200 in their pocket and instructions to report to the parole office in San Bernardino. Every Wednesday morning 50 newly released parolees are returned to this community a few blocks from City Hall. As oflast week there are 2,088 parolees in San Bernardino City. This is greater than 1 % of our population and does not include the 5,000 people on probation from County jail. California has the worst recidivism rate in the country at 70% within 3 years and greater than 80% within 5 years. Even with the most conservative calculation, this means that 1,462 of our current parolees will return to prison after committing more crime in our community. In essence, our parole population will be responsible for 1,462 crimes against San Bernardino residents if each parolee is caught the first time they re-offend. Realistically, they will likely commit multiple crimes before being caught and returned to prison. If each parolee committed 3 crimes before apprehension it would equal 4,385 crimes against San Bernardino residents. Given the current status of our state prison system we could likely see more parolees released to our community in the near future. We must be prepared to minimize their tendency to re- victimize our citizenry. It is critical that we begin examining programs which reduce the likelihood that our citizens will be victimized. Even with the current $10.2 billion budget of the Department of Corrections and Rehabilitation, the penal system continues to fail. A federal Judge has cited this failure as the reason for taking over the prison health care system. Additionally, in June, the federal courts are prepared to take control of the entire prison system if radical changes are not made by the Department of Corrections and Rehabilitation. If the federal courts assume control of the prison system, the courts have indicated they will cap the number of prisoners and release the rest. This is especially significant because we currently have 165,832 state prisoners in a system designed at a capacity of only 83,611. e i , e e To further complicate the situation, the Determinant Sentencing Law has been found unconstitutional. As a result, prisoners whose sentences included enhancements could have their sentences recalculated and be released back to our streets. The state Director of Parole estimates the number of affected inmates to be approximately 62,000. Once again, this could result in the early release of additional parolees into our community. Proposed Planning Grant In the last few weeks, our office has met with virtually every leading authority on the subject on reentry. This includes victim's rights groups, the current and former Secretaries of the California Department of Corrections and Rehabilitation, the State Director of Parole, SBPD, Sheriff's Department, District Attorney's Office, ex-offenders, religious groups, non profit organizations, colleges & universities, employers, and elected officials. We have formed an advisory panel of experts to help design a parole reentry program that will allow us to assert control over our local parolee population and significantly reduce the rate of recidivism and victimization of our citizens. We have been awarded one of only two grants issued by the Department of Corrections and Rehabilitation, Division of Community Partnerships so that we can begin this one-year planning process. This grant provides $100,000 with no match required. The money will facilitate the planning process so that we can incorporate best practices in crafting a strategy that lessens the victimization and financial impact currently associated with parolees while ensuring that our community does not assume the burden of parolees who belong in other communities. This is not an implementation grant so we are not ready to actually begin any programs. Accepting this grant will only allow the planning of a program to begin. It will not commit the City into any program, concept, or idea. Instead, we will seek thoughtful input from elected officials, citizens, and business owners as we seek adequate solutions to a growing problem that threatens the crime reduction progress we have made to date. Financial Impact: $100,000 in grant revenue with no matching funds required. Recommendation: 1. Adopt resolution I' . e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, DIVISION OF COMMUNITY PARTNERSHIPS AUTHORIZING THE MAYOR TO EXECUTE THE GRANT CONTRACT, AND AUTHORIZING THE MAYOR'S OFFICE TO ADMINISTER THE INTER- GOVERNMENTAL PARTNERSHIP PRISON REENTRY PLANNING GRANT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby ratify the submittal of a grant application to the California Department of Corrections and Rehabilitation, Division of Community Partnerships, a copy of which is attached as Exhibit "A" and incorporated herein, and authorize the Mayor's Office to administer the grant as outlined in the attached grant application. SECTION 2. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a contract with the California Department of Corrections and Rehabilitation, Division of Community Partnerships, a copy of which is attached as Exhibit "B", and incorporated herein. III III III III III III III 1/10.; t ~/#-61{j1- . e e e \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, DIVISION OF COMMUNITY PARTNERSHIPS AUTHORIZING THE MAYOR TO EXECUTE THE GRANT CONTRACT, AND AUTHORIZING THE MAYOR'S OFFICE TO ADMINISTER THE INTER- GOVERNMENTAL PARTNERSHIP PRISON REENTRY PLANNING GRANT. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2007. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: e e e CITY OF SAN BERNARDINO MAYOR'S OFFICE INTEROFFICE MEMORANDUM TO: Grants Ad Hoc Committee FROM: Kurt Wilson, Director, Office of Community Safety and Violence Prevention SUBJECT: California Department of Corrections and RehabilitationlPrisoner Re-entry Planning Grant DATE: January I I, 2007 COPIES: Approximately 1% of the City's population is currently on parole. Statistically, most of these parolees will re-offend and victimize San Bernardino residents. The Mayor's office wants to increase constituent safety by reducing the rate of recidivism and increasing the rate of successful reentry for San Bernardino parolees. Most importantly, this is to be done without importing new parolees from other cities. A grant program from the California Department of Corrections and Rehabilitation (CDCR) was announced late last year for $500,000 X 3 years to implement a reentry program. This would have required the City to submit a complete reentry strategy as a part of the grant application. Due to timing constraints of the grant submittal deadline (December 5, 2006), it was not possible to design such a program. As an alternative, the Mayor's Office submitted the attached grant application to CDCR requesting $100,000 to simply plan a locally appropriate strategy to address parolees in the City. On December 29, 2006, CDCR announced that the City of San Bernardino was one of only two agencies in California selected for funding (pending an approved agreement). There are no matching funds required as a part of the grant and the Mayor's office will serve as project manager. The $ I 00,000 grant will fund a pre-defined collaborative planning process. There is an in-kind match of $99,000 that consists of costs for electricity, telephone, minor photocopying, and related staff time. This in-kind cost is split between the Mayor's office ($50,000), Goodwill Southern California ($39,000), and other volunteer partners ($10,000). Several partners have been selected to participate in this process. The most notable of these are: San Bernardino police department, California Department of Justice, U.S. Department of Justice, San Bernardino County Sheriff's Department, California Department of Corrections and Rehabilitation, Cal State San Bernardino, San Bernardino Valley College, Goodwill Southern California, San Bernardino County Probation, U.S. probation, and San Bernardino County District Attorney's Office. The deliverable, at the end of the 12-month planning process, will include a blueprint for prisoner reentry that can conceivably be implemented in San Bernardino or another jurisdiction pending approval and funding. Should the Grants Ad Hoc Committee recommend that the Council ratify the submittal of this grant application and authorize the Mayor's Office to administer the grant, a resolution will be prepared for the February 5, 2007 Council meeting. DEPARTMENT OF CORRECTIONS AND REHABILITATION DIVISION OF COMMUNITY PARTNERSHIPS e Intergovernmental Partnership (IGP) Grant Program SECTION I: APPLICANT INFORMATION I :~A. APPLlCAIi'fltEAtl~l1ON " " . ~ .' - - . -. .:' -'" "'. -'; \ - .- ~. . . ~..., ._.. '.. .L . .' ., , . .. .. .. .. H .. -, -- .. ~- -- .' ORGANIZATION NAME TelEPHONE NUMBER City of San Bernardino, Office of the Mayor STREET ADDRESS 909-384-5133 CITY STATE ZIP CODE 300 N. D Street San Bernardino CA 92418 MAILING ADDRESS CITY STATE ZIP CODE 300 N. D Street San Bernardino CA 92418 City of San Bernardino, Office of the Mayor TELEPHONE NUMBER CONTACT PERSON Kurt Wilson 909384-5133 FAX NUMBER 300 N. D Street 909 384-5067 STATE ZIP CODE E-MAIl ADDRESS NAME AND TInE TELEPHONE NUMBER Kurt Wilson, Director, Office of Community Safety & Violence Prevention 909384-5133 STREET ADDRESS FAX NUMBER 300 N. D Street 909 384.5067 CA 92418-0001 E-MAlLAODRESS wilson_ku@sbcity.org F. PROJECT FINANCIAL OFFICER CITY San Bernardino STATE ZIP cooe NAME AND TITlE TELEPHONE NUMBER Kurt Wilson, Director, Office of Community Safety & Violence Prevention 909384-5133 STREET ADDRESS FAX NUMBER 300 N. D Street San Bernardino CA ZIP CODE E-MAIL ADDRESS 92418-0001 Wilson_ku@sbcity.org CITY .STATE G. APPLICANrs AGREEMENT , By sIgnmg this applicauon the applicant assures thallhe grantee wIll abIde by tJ1e taws, policIes and procedures govermng thrS funding . > ~ \ ~ ~ NAME AND Trrle OF PERSON AUTHORIZED TO SIGN AGREEMENT Ma or Pat Morris APPLlCANrs SIGNATURE DATE e 12/04/06 -0 GRANTS RFA 121412006 e e e SECTION II: STATEMENT OF NEED A. IDENTIFIED NEEDS In the space below, identify the needs in the community that the project proposes to address. In response to the Califomia Department of Corrections and Rehabilitations' Division of Community Partnership - Intergovernmental Partnership. Grant Program Announcement, the City of San Bernardino, Mayor's Office is proposing to develop a unique and innovative citywide reentry collaboration involving government, judiciary, law enforcement, education, social services, community-based and faith-based organizations. Never before in the history of the City of San Bernardino has the Mayor's Office, Parole Region IV, San Bernardino County Probation Department, San Bernardino City Police Department, Department of Behavioral Health, community-based organizations, faith-based organizations, educational institutions and other interested stakeholders launched into a thorough and comprehensive strategic planning effort to create an easily-replicated model for successful reentry of ex-offenders into the community. With technical assistance and guidance provided through the San Bernardino City Reentry Collaborative, these entities are empowered with the opportunity to truly engage in a needs assessment and gap analysis that spans the City of San Bemardino from which departmental strengths, resources, and operations may be engaged, developed and strategically implemented for services to our ex-offender population and their families. San Bernardino County is the largest county in the United States and ranks second in the number of persons currently incarcerated and on parole in the State of California and third in the nation (Bureau of Justice Statistics, 2005). In May 2006, 29,136 persons were under the supervision of Parole Region IV. Homicides in San Bernardino increased from 50 in 2004 to 58 in 2005. Among the victims last year were five children, including 11-year-old Mynisha Crenshaw and 16-year-old Melanie Miers. Oakland had 94 homicides in 2005, six more than the year before. In Los Angeles, homicides dropped from 518 in 2004 to 487 in 2005 (San Bernardino Sun, May 2006). According to the 11th Annual America's Safest (and Most Dangerous Cities Awards by Morgan Quitno, in 2005, the City of San Bemardino ranked the 18th Most Dangerous City, the second most dangerous city in California, only outranked by Richmond, CA. Parolees in San Bernardino City have become the focus of the State of California. In March 2006, the California Department of Corrections and Rehabilitation (CDCR), Parole, began a pilot program billed as "a significant step in quelling violent crime"-using GPS technology to monitor gang members on parole. There are approximately 3,000 documented gang members and 2,000 parolees in the City of San Bernardino (San Bernardino Police Department, 2006). This pilot program, averaging $64,000 annually, is being funded by the CDCR (San Bernardino Sun, March 2006). The San Bernardino City Reentry Collaborative (SBCRC) is lead by Mayor Pat Morris. Mayor Morris ran on the platform of building a safer, stronger and more vibrant community in a city stricken with high rates of crime and poverty (San Bernardino Sun, March 2006). He is no stranger to working with San Bernardino ex-offenders and reentry having spent three years as a deputy with the San Bernardino County District Attorney's Office and thirty years on the Superior Court Bench. In 1981, Mayor Morris was named Inland Southern California's Trial Judge of the Year for his outstanding contributions to the administration of justice. IGP GRANTS RFA 12/412006 e e e Mayor Morris believes in the necessity of collaborations and networking to best serve those in need. Mayor Morris was Presiding Judge of the San Bernardino County Juvenile Court for five years, leading to a number of institutional changes within the Juvenile Court and Children's Services in San Bernardino County. He was the founder of the San Bernardino County Children's Network - a comprehensive interagency networking system to coordinate and enhance services to high-risk children. The Network, which includes a children's policy-making council and a public-private foundation (The Children's Fund which has raised and distributed over 15 million dollars to assist at risk children and families in the San Bernardino County), has received national recognition since its inauguration in 1985, both for its innovative design and for its demonstrated ability to improve service to children. In 1994, Mayor Morris established one of California's first drug treatment court programs. He has advocated statewide, nationwide and internationally for treatment alternatives for non-violent addicts appearing in the Criminal Justice System. In 1996, Mayor Morris was appointed by California Chief Justice, Ron George, to chair the Judicial Council Task Force on Drug Courts in California, and in 1998, was elected Chairman of the Board of the National Association of Drug Court professionals. In 1999, Mayor Morris established one of the nation's first Mental Health Courts to treat the seriously mentally ill caught up in the Criminal Justice System. Mayor Morris recently served as Presiding Judge of the Juvenile Courts with a goal of establishing drug and mental health treatment opportunities for parents and youth both in Dependency and Delinquency Court. While Mayor Morris' term has been brief (approximately nine months), his plan to increase safety and decrease crime has already yielded impressive results (15% reduction in overall crime citywide & 50% reduction in violent crime within targeted area!). On June 10, 2006, Mayor Pat Morris and over twenty partners officially launched Phase I of Operation Phoenix, an innovative crime fighting and community restoration strategy that focuses on working together to solve neighborhood problems of crime and violence. Phase I of Operation Phoenix brought an unprecedented collaboration by leaders in government, the community and business to create a comprehensive set of interlocking crime suppression, intervention and prevention strategies initially deployed in a 20-block area in the central city. Today, more than 45 public, private, and non profit partners participate in Operation Phoenix. In an effort to combat the continuing surge of violence in the City of San Bernardino, Mayor Morris implemented Phase II of Operation Phoenix, which included the .Safe Summer for Youth" initiative (providing organized no-cost recreation activities citywide), a redeployment of police department resources (specialized staffing patterns, assistance from outside law enforcement agencies, and the leasing of a police helicopter), and a series of citywide short and long-term strategies implemented through the creation of the Office of Community Safety and Violence Prevention. These citywide initiatives require additional resources and Phase II contained a plan for obtaining the additional funding. Initiated by the Mayor, measure Z (a ballot measure to raise about $5.6 million annually to hire more police and pay for crime-fighting programs in San Bernardino) and Measure YY (an advisory measure on public safety) were both victorious in the November election (Press Enterprise, November 8, 2006). B. EXISTING RESOURCES In the space below, explain why existing state and local resources are inadequate to address the identified need(s). -- . While the recent passage of Measure Z provides funding for crime suppression, it does not provide for ex-offender reentry. In April 2005, the Department of Labor announced the President's Prisoner Reentry Initiative Demonstration Grant. While San, Bernardino submitted proposals, no funds were awarded. State and Government agencies are designed to work well IGP GRANTS RFA 12/412006 e e ,e as a reactive body and in a vacuum - isolating their concems from all other levels of government. In the absence of a well-articulated master plan, cities will continue to deny responsibility for the success or failure of parolees. Law enforcement agencies, in turn, will remain so consumed with the enforcement side of their job that they will be unable to address the root causes of recidivism. Budget-driven priorities have skewed the ability of state and local agencies to independently address the issue of recidivism. In this rigid structure with increasingly scarce resources, agencies are unable to adequately address such a complex issue. This method is only useful when addressing issues, for which, a single agency clearly has sole responsibility. It is much less effective, however, in addressing issues of mutual concern or with overlapping jurisdictional boundaries. Simply put, governmental agencies are not designed to work well together. This inefficiency leaves a series of service gaps. Individuals seeking to successfully re-enter society are the most likely to fall through those service gaps and have their needs unmet. If a comprehensive long-term outcome could be mapped out, it could pave the way for a change in service delivery at the state and local levels. The existing structure has failed to forge the type of collaboration necessary to navigate this multi-tiered bureaucracy. A comprehensive plan to address recidivism is the first step to creating the collaboration needed to affect real change. SECTION III: PROJECT DESIGN A. PROJECT DESCRIPTION In the space below, describe the proposed project: goals and expected outcomes; expected program requirements for participants; and program structure, including specific services to be provided and where and when service delivery would occur; and include a general discussion of how the program would identify, assess and provide services according to the diverse array of offender needs (including how the program would motivate change). In addition, discuss who wo'uld provide services (i.e. project staff by position) as well as how they would be selected and trained. Please include the resumes of any key staff, including at a minimum the Project Director (where available). \ "\ The City of San Bernardino recognizes the need for a seamless transition system from correctional facilities to communities. The City will leverage existing resources through a collaborative process that will include a strategy committee that represents the service network. There is a clear understanding within the State of California that the criminal justice system cannot deal with the issue. of offender reentry alone (J. Petersilia, 1990). In fact, the City of San Bernardino acknowledges the need exists to include other partners such as community-based providers, local governments, the education community and faith-based organizations. The U.S. Department of Justice, Task Force for Faith-Based & Community Initiatives states, "Preparing prisoners for their retum home, as well as supervising and assisting them after their release, is critical to reducing recidivism rates and the societal costs of reincarceration.' Assisting ex- prisoners in finding and keeping employment, identifying transitional housing, receiving mentoring & benefits, and addressing issues of transportation, literacy, socialization, and addiction are the key elements of successful re-entry into our communities. IGP GRANTS RFA 121412006 e e e Utilizing best practices of "Value-Based Initiative (VB I)" and Ready4Work Prisoner Reentry Initiative models, and Reentry Efforts of Idaho and Massachusetts, as presented by the U.S. Department of Justice, Office of Community Oriented Policing Services and other publications, the SB Collaborative will call together law enforcement agencies, community groups (both faith- and community-based) and social service organizations with the goal of reducing crime and the fear of crime and improve the quality of life in their neighborhoods by successful reintegration of those returning from prison. Through the Intergovernmental Partnership Grant Program by the California Department of Corrections and Rehabilitation, the City of San Bernardino is looking to bring together qualified, vested stakeholders into this ex-offender reentry strategic planning initiative process. The San Bernardino City Reentry Collaboration (SBCRC) will bring together prominent academics, practitioners, community leaders, policymakers, advocates, and former prisoners to explore the policy and community impact of various components of reentry such as housing, health care, public safety, and civic participation. The City of San Bernardino (SB) Mayor's Office called together the following stakeholders in reentry to discuss barriers to successful ex-offender reentry into the community. The stakeholders have begun to identify the barriers and gaps in service throughout SB's system including access to treatment programs, affordable housing, educational programs and employrnent opportunities. The following organizations were carefully selected for their knowledge, expertise and experience in areas identified as "gaps" in the services that ex-offenders need for successful reentry. They have contributed to the planning of the San Bernardino City Intergovernmental Partnership Grant Program proposal: . California Department of Corrections and Rehabilitation, Parole, Region IV (law enforcement) . County of San Bernardino Department of Behavioral Health (mental health) . County of San Bernardino Department of Probation (law enforcement) . Time for Change Foundation (nationally-recognized and the only comprehensive reentry program in San Bernardino) . Goodwill Southern California (employment services) . San Bernardino Police Department (law enforcement) In addition to the aforementioned organizations, the following types of organizations will be sought to participate in the SB Reentry Collaboration: . Housing authority . Faith-based organization (FBO) . Victim's rights organization . Adult Education institution . Victims' advocacy groups . Employers The aforementioned organizations were chosen to participate in the SBCRC due to their knowledge and influence: i.. , Law Enforcement (Parole, Probation Region IV, City of San Bernardino Police Department) will provide: IGP GRANTS RFA 12/412006 e e e L-___ , , . Power and influence: Law enforcement agencies are among the most significant organizations in the communjty because they help maintain social order by controlling crime and protecting the public from harm . Skills and tools to control crime: Law enforcement agencies have the tools and skills to identify, track, and apprehend criminals as well as monitor, guide and assist ex-offenders. . Reliable crime data: Law enforcement agencies have the most accurate information about crime in the community. They can provide a link to faith- and community-based organizations (FCBOs) exactly where. for instance ex-offenders are being released to. their needs and the needs of their families. This level of precise information, FCBOs, working in conjunction with law enforcement agencies, can develop on-target strategies for providing services to those reentering the community, . A growing capacity for collaboration: In the past, law enforcement agencies had been considered dictatorial in their approach to law enforcement. Today, however, most law enforcement agencies have embraced the principles of community policing and collaborative problem solving. Many have been trained through COPS' Regional Community Policing Institute programs or other training initiatives. The recent passage of Measure Z will provide funding for the 26 additional officers needed to fully implement the community policing model. As a result, law enforcement agencies are now experienced in, or at least open to, working with FCBOs and other groups to jointly address crime prevention and related issues. Faith- and Community-Based Organizations provide: . Dominant community force: In many troubled urban communities, faith- and community- based organizations (FCBO) function as a stabilizing force. Religious institutions and community centers often become even more important in the lives of people after a community experiences upheaval. FCBOs are frequently a focal point of activity, providing a range of spiritual, social, basic needs and support services to those who are the most in need. . Extensive understanding of social issues that underlie crime: Clergy and other CBO leaders are trained to deal with the special needs populations with disadvantages. . Established infrastructure for addressing basic human needs: Most FCBOs have an established infrastructure for addressing the special and basic needs of their communities. . Voice of moral and secular authority: In many disadvantaged communities, FCBOs are often viewed as the leaders of moral and secular authority. Often FCBOs can rally their communities to work together towards lasting solutions to problems relating to their communities. Department of Behavioral Health (DBH) provides: . Expertise on community needs: DBH is responsible for the overall planning, implementation, direction, coordination, and evaluation of the San Bernardino County Department of Behavioral Health. Responsibilities include writing grant applications, developing assessment protocols, and interpreting regulations. Additionally, liaison duties with State and local agencies, interaction with citizen advisory boards, and interaction with other public and private agencies is shared by all management staff of the Department. . Help for individuals and their families: Individuals with issues of mental health and substance abuse to find solutions to challenges they face so that they may function within their families and community by providing effective, efficient, and culturally based services. . Community-based programs: Programs promote recovery, maintain members in the community, and decrease the need for acute care hospitalization. . Alcohol and drug services: DBH provides a full range of substance abuse treatment services for San Bemardino County communities and residents. While individuals on parole have non-DBH services available to them, once the individual is discharged from parole obligations, DBH can provide a continuum of care for those in need of alcohol and drug services. . Forensic services: DBH's Forensic Services is comprised of several programs designed to provide comprehensive mental health services to individuals who are incarcerated, on IGP GRANTS RFA 121412006 . . . probation, or who have been released into the community from a state hospital on the condition that they receive outpatient mental health services. Other Social Service Organizations provide: . Community concem/familiarity, knowledge and expertise: The goal of the social service organizations in San Bernardino is to strengthen the well-being of the citizens, whether physical, social, financial or emotional. . Strong collaboration history: The joining together of various County departments and community agencies to collaborate their efforts for the betterment of the community. They strive to foster community partnerships through the integration of services between County departments, the City of San Bernardino, the faith-based, nonprofit, business, education and medical communities. STEP 1: GOALS OF SB CITY REENTRY COLLABORATIVE (SBCRC) The goal of the SBCRC is to develop new thinking on the issue of prisoner reentry and to foster policy innovations that will improve outcomes for individuals, families, and communities. San Bernardino City, along with the aforementioned partners, has identified the following long- term goals for ex-offender reentry: . Enhance public safety by equipping each offender with the skills necessary to successfully reintegrate into society; . Improve the effectiveness of existing community resources by fostering linkages and accessing currently provided services; . Establish formalized strategic partnerships among state, local and private entities for supporting successful reentry; . Articulate long-term strategies to address issues such as: housing, transportation, treatment, literacy, benefit acquisition, socialization, etc. . Ensure program sustainability, accountability, and the implementation of research-based practices. . Develop and document a community-wide strategic plan to improve successful reintegration/reentry of ex-offenders and to enhance community safety in SB; . Assist in implementation and support programs through appropriate community agencies and associations; . Assist and support community groups in acquiring, developing or enhancing the tools needed to operate programs to increase safety and ensure successful reintegration/reentry of ex-offenders; . Seek funds and create partnerships essential for sustaining long-term crime prevention programs; . Promote policy solutions to issues of reintegration/reentry, crime and community safety; and . Monitor and evaluate on an ongoing basis the progress and impacts of plans and implementation. STEP 2: STRATEGIC PLAN DEVELOPMENT-INFORMATION GATHERING The strategic plan will be developed based on information from a number of sources including SBCRC members and: . a review of scholarly and popular literature, along with government documents; IGP GRANTS RFA 12/412006 e e e I I l . materials produced by non-government organizations, and websites of municipal, and local governments and crime prevention initiatives they fund; . a review of risk and protective factors for crime prevention and approaches to crime prevention at the community level, state, national and international levels; notes from interviews conducted by Collaboration members with a wide range of community and municipal stakeholders; . . Mayor's reentry strategy committee interviews with key informants and ex-offenders; . . Parole Department's weekly PAL meetings; assessment of the City's readiness to engage in the overall process. The SBCRC will utilize the information gained as a tool that will help to identify key issues that can help or impede the strategic planning process. . The Califomia Department of Corrections and Rehabilitation Gender Responsive Strategies Commission (GRSC) will be taken into consideration in any analysis of data and information. The preparation of a strategic plan is a multi-step process covering vision, mission, objectives, values, strategies, goals and programs. Within 30 days of notification of award, the SBCRC will meet to discuss the following: . Grant requirements . SBCRC Goals for Ex-Offender Reentry and revise as necessary . Hiring of reentry expert (academia) consultant (to provide review of scholarly and popular literature, along with govemment documents; materials produced by non-government organizations, and websites of municipal, and local governments and crime prevention initiatives they fund; a review of risk and protective factors for crime prevention and approaches to crime prevention at the community level, state, national and intemational levels). Dr. Carolyn Eggleston, Associate Dean-College of Education and Director of Correctional Education, California State University San Bernardino will fulfill this role. . Timeline for development of SBCRC Strategic Plan (see attached) . Presentation of assessment of the City's and organizations' readiness to engage in the overall strategic planning process . Establishment of Focus Groups: Each member of the SBCRC was selected for their knowledge, experience and expertise in areas affecting ex-offender outcomes. Focus groups will extract and evaluate relevant information from participation. . Introduction to Environmental Scan: An environmental scan is conducted to collect data to answer questions about the present and future of the state of ex-offender reentry in the City of San Bernardino. Organizations will utilize an environmental scan in their focus groups as the first step in the development of the SBCRC Strategic Plan. The environmental scan will: o Focus on sustainable strategies to overcome barriers to successful outcomes o Develop a common perception o Identify strengths, weaknesses, trends and conditions. o Draw on intemal and external information. o Become a key on-going process for internal and external honesty and openness to changing conditions. , , STEP 3: STRATEGIC PLAN DEVELOPMENT-VISION & MISSION DEVELOPMENT IGP GRANTS RFA 121412006 . . e Approximately 90 days after award, and after individual focus groups have completed their environmental scans, the SBCRC through the guidance of a facilitator, will join together to develop the vision and mission for ex-offender reentry in the City of San Bernardino. The primary question will be, 'What is our preferred future for ex-offenders in the City of San Bernardino?" The SBCRC will: . Draw on the beliefs, mission, and environment of SB. . Leverage existing resources . Describe what the members want to see in the future in SB. . Promote economic self-sufficiency . Promote sustainability of efforts beyond scope of grant funds . Be specific to each organization, transferring into the SBCRC. Be positive and inspiring. . . Improve offender outcomes through innovative, evidence-based practices . Not assume that the system will have the same framework as it does today and will be open to change. Be open to dramatic modifications to current organization, methodology, teaching techniques, facilities, etc. . Creation of a Mission Statement Once beliefs have been clarified, the SBCRC will build on those beliefs to define a mission statement, which is a statement of purpose and function. The SBCRC will develop a mission statement which: . Draws on belief statements. . Will be future oriented and portray the City of San Bernardino, as it will be, as if it already exists. . Will focus on one common purpose. . Will be specific to the needs of the ex-offender reentering the City of San Bernardino. . Will be a short statement, not more than one or two sentences. The SBCRC vision and mission: . Identifies direction and purpose. Alerts stakeholders to needed change. . . Promotes interest and commitment. " . Promotes true focus. IGP GRANTS RFA 121412006 e e e . Encourages openness to unique and creative solutions. . Encourages and builds confidence and collaboration. . Builds loyalty through involvement (ownership) and partnerships. . Results in efficiency and productivity. STEP 4: STRATEGIC PLAN DEVELOPMENT-STRENGTHS, WEAKNESS, OPPORTUNITIES, AND THREATS (SWOT) The SWOT analysis provides information that is helpful in matching the SBCRC resources and capabilities to the City of San Bernardino's current environment on ex-offender reentry. The required first step in Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis is a definition of the desired end state or objective as determined by the SBCRC. The objective will be explicit and approved by all participants in the SWOT analysis process. Once the objective has been identified, SWOTs are discovered and listed. SWOTs are defined as: . Strengths: attributes of the organization that are helpful to achieving the objective. . Weaknesses: attributes of the organization that are harmful to achieving the objective. . Opportunities: external conditions that are helpful to achieving the objective. . Threats: external conditions that are harmful to achieving the objective. \', STEP 5: STRATEGIC PLAN DEVELOPMENT-IDENTIFICATION OF STRATEGIC DIRECTIONS Upon completion of the SWOT Analysis, the SBCRC will develop strategies to address strategic issues and reach their desired goals. The following steps will be taken to ensure genuine strategic thinking amongst the SBCRC: 1. Recognize strategies to be associated with, e.g., resolving major issues, developing new methods of delivery, servicing "difficult" to serve ex-offenders, and necessary mergers/collaborations. 2. Utilize strategies that focus on structural changes as much as possible. These changes are more likely to direct and sustain changes. 3. Ensure that strategies deal with the question, "How do we position ourselves if the future changes, and if it is not what we expected?" 4. Use a brainstorming technique to collect all ideas from planning members. 5. Continue to ask, during strategy development, "Is this really a strategic activity? Will it leverage change in reentry?" 6. Reconsider strategies that have worked or have not in the past. 7. Ensure strategies do not conflict with each other, I.e., that implementing one strategy will directly impair implementation of another. 8. Development of strategic goals to overcome obstacles such as: benefits, housing, literacy, vocational training, life skills, transportation, socialization, etc. STEP 6: STRATEGIC PLAN DEVELOPMENT-DEVELOPMENT OF ACTION PLAN The San Bernardino City Reentry Collaborative's action planning includes deciding who is going to do what, by when and in what order for the organization to reach its strategic goals. The strategic planning process will ensure a) the organization completes action plans to reach each strategic goal and b) includes numerous methods for verifying and evaluating the actual extent of implementation of the action plan. The strategic plan (also known as work plan) will: IGP GRANTS RFA 121412006 e e e 1 . Specify the actions needed to address each of the top organizational issues and to reach each of the associated goals, who will complete each action and according to what timeline. 2. Develop an overall, top-level action plan that depicts how each strategic goal will be reached. 3. Develop an action plan for each major function in the San Bernardino City Reentry Collaborative (e.g., marketing, development, networking, collaboratives, etc.), for each component of the program. These plans, in total, will depict how the overall action plan will be implemented. Each action plan will specify the relationship of the action plan to the organization's overall, top-level action plan. 4. Ensure each stakeholder has an action plan that contributes to the overall program. These plans, in total, will depict how the action plans of the major components will be implemented. 5. The format of the action plan will depend upon the nature and needs of the SBCRC that will be established during the strategic planning process. The plan for the organization, each major function, each stakeholder will specify: . The goal(s) to be accomplished . How each goal contributes to the organization's overall strategic goal . What specific results (or objectives) much be accomplished that, in total, reach the goal of the organization . How those results will be achieved . When the results will be achieved (or timelines for each objective) STEP 7: STRATEGIC PLAN DEVELOPMENT-TIMELlNE AND OBJECTIVES The San Bernardino City Reentry Collaborative will ensure objectives are specific, and will result in measurable results. The following format will be utilized for the development of objectives: Strategic Goal 1. (Goal #1) Strategy Objective Responsibility 1.1 (first strategy 1.1.1 (first (who's going to to reach Goal #1) objective to reach accomplish that while objective) implementing Strategy #1.1) Timeline (when the implementer is going to be accomplish that objective) DEVELOPMENT OF SAN BERNARDINO CITY REENTRY COLLABORATIVE PLAN. PROGRAM MANAGEMENT AND EVALUATION Mr. Kurt Wilson, MBA, M.Ed. Administration, Director, Office of Community Safety and Violence Prevention, City of San Bernardino, will act in the capacity of the SBCRC Program Director. Mr. Wilson brings experience addressing recidivism as an elected official and as the Director - Office of Community Safety and Violence Prevention. He is intimately familiar with the array of dynamic issues and consequences surrounding unsuccessful reentry in California. As a private consultant and certified project manager, Mr. Wilson brings additional insights about the complexities of producing results through a collaborative process. (CV Attached) IGP GRANTS RFA 121412006 e e e Dr. Carolyn R. Eggleston has agreed to act in the capacity of Program Evaluator/Consultant for the San Bemardino City Reentry Collaborative. She provides the project with worldwide academic credibility as she an Associate Professor, Special Education and the Associate Dean and Special Education Credential and Masters' Program. Dr. Eggleston received her PhD, from Virginia Commonwealth University in Education, Urban Services, with correctional/special. education emphasis. She is currently the Vice President, International Correctional Education Association (CEA), the Editor and Publisher of the Journa/ of Correctional Education, a member of the Delegate Assembly of the American Correctional Association and the CEA Liaison of the American Correctional Association (ACA). She has published numerous academic articles and received many grants and contracts through the .federal, state, and county governments. (CV Attached) Upon completion of the development of the objectives, the SCBRC will utilize grant-writing resources for fund development for the creation of the SCBRC program, networking existing resources to provide a successful reentry program for ex-offenders. SUMMARY: The collaborative seeks expand outcomes for ex-offenders by identifying and overcoming obstacles to successful reintegration. The SBCRC provides partnering agencies an opportunity to understand each other's roles, procedures, strengths, weaknesses and resources to develop a detailed strategic plan to accomplish the development of an easily replicated strategic plan for ex-offender reentry. Further, with a strategic planning process, these partnering agencies may effectively identify and fold existing resources and projects into the plan itself. The streamlining of information and resources between these three entities offers the opportunity to accomplish true community service linkage that effectively facilitates successful reentry into the community. Therefore, this process of collaboration with the City of San Bernardino Mayor's Office, Parole Region IV, San Bernardino County Probation Department, San Bernardino City Police Department, Office of the City Attorney, Office of the Public Defender, Department of Behavioral Health, educational institutions, community- and faith-based organizations will enable each entity to work together to build a strong foundation to ensure that our target population is linked to existing service resources, maximizing their opportunity for success. Through the collaborative and strategic agreements among these entities, the San Bernardino City Reentry Collaborative truly offers the opportunity to streamline service needs into an integrated, multi-phase strategic plan. B. TARGET POPULATION In the space below, identify the project's target population and program eligibility criteria (e.g., estimated number of offenders who would participate, criminal history, risk level, targeted criminogenic needs, types of offenders). Additionally, please describe the tools and/or processes to be utilized in assessing these factors. \. B.1 Target Population: The San Bernardino City Reentry Collaborative is designed to work in partnership with the proposal submission by Time for Change Foundation and Goodwill Southern California for the California Department of Corrections and Rehabilitation Community- Based Reentry Initiative. While the target population will be more clearly identified through the SBCRC strategic planning process, the entire range of adult offenders will be addressed (including violent offenders). We anticipate the population to be men and women from 6 months prior to release to 18 months post-release. After award and planning, the SBCRC initially plans on providing services to 400 individuals. Funding received from the CDCR Intergovernmental Planning grant would be directed exclusivelY for parolees under the jurisdiction of CDCR. B.2 Eligibility: IGP GRANTS RFA 12/412006 e e e We anticipate the eligibility criteria to involve: 1. Participants must enroll on a voluntary basis 2. Commit to a minimum of 6 months participation in SBCRC Program 3. Submit to random drug testing 4. Must live in or be paroling to the City of San Bernardino; however, with replication of the SBCRC model, this could expand Referrals to the SBCRC: The process for entrance into the SBCRC Project will be determined through the strategic planning process; however, it is anticipated that referrals to the SBCRC will be made by the Parole Unit Supervisor, as well as from the Sheriff, San Bernardino Police Department, judiciary, Public Defender and/or City Attorney. The parolee who wishes to participate will be required to sign a memorandum of understanding and will agree to participation in the SBCRC Project as an additional condition of parole. IGP GRANTS RFA 12/412006 SECTION IV: INTERAGENCY COLLABORATION . A. COORDINATED PLANNING PROCESS In the space below, describe the coordinated planning process undertaken to develop the grant proposal. Following this description, use the table to identify the individuals who participated in this planning process. (If necessary, extend the table.) The CDCR, Division of Community Partnerships, Intergovernmental Partnership (IGP) Grant Program, Planning Grant, coordinated planning process has been over thirty-years in the making. Having served 30 years as a judge, Mayor Morris is acutely aware of the need for a well-developed, comprehensive, coordinated, community-supported reentry program. He routinely witnessed, firsthand, the deleterious effects of failed reentry as repeat offenders appeared in his court. The lack of a coordinated reentry program has created a very high rate of recidivism (San Bernardino City Office of Community Safety and Violence Prevention, 2006). Immediately after taking office, Mayor Morris began to collaborate and establish the partnerships that will ultimately affect ex-offender reentry outcomes. Since taking office in March 2006, Mayor Morris has been working with City and County law enforcement, government, social services, public, education, and community- and faith-based organizations discussing respective viewpoints on ex-offender reentry. Understanding the need to create a reentry program for ex-offenders, the City of San Bernardino Mayor's Office is calling a meeting of stakeholders interested in reentry. Among the invitees are: . . Parole, Region IV Department of Behavior Health Community-Based Organizations County and Federal Probation State and Federal D.O.J. Office of Community Safety and Violence Prevention Ex-offenders who have successfully reintegrated . . . . . . All stakeholders will provide input in the development of the proposal. Topics will include the following: . Specific needs of ex-offenders to ensure successful community reentry . Organizations needed to address specifiC needs . Barriers and solutions to successful reintegtation . Existing resources for ex-offenders . Best practices in reentry . Status and climate of ex-offender reentry . Possible methods/plans for the CDCR, Division of Community Partnerships, Intergovernmental Partnership (IGP) Grant Program, Planning Grant . Paul Abril, Parole Administrator, Region IV, State Dept. of Corrections Parole Division Allan Rawland, MSW, ACSW, Department Director, Department of Behavioral Health IGP GRANTS RFA 12/412006 e e tit , 1__ Andrea Mitchel, M.Ed, Administration, Grant Writer, Goodwill Southern California Lowell King, Executive Director, Goodwill Southern California Kim Carter, Executive Director, Time for Change Foundation Kurt Wilson, MBA, M.Ed, Administration, Director, Office of Community Safety and Violence Prevention, City of San Bernardino Lynn Van Gilder, MSW, Substance Abuse Program Manager, Department of Behavioral Health Patrick 1. Morris, retired Superior Court Judge, Mayor, City of San Bernardino B. PROJECT COLLABORATION In the space below, describe the applicant's plan for ongoing collaboration among those who participated in the planning process and explain the role of each resource/service organization in the project. All stakeholders who have participated in the proposal's planning process will continue to participate in the SBCRC Project. . Parole, Region IV: Will provide guidance, expertise and will act as a liaison to CDCR . Department of Behavioral Health: Will provide guidance, expertise and input as to the behavioral health of parolees . Goodwill Southern California (GSC): Will provide guidance, expertise, input as to the employment of parolees. In addition, GSC has committed to the employment of eligible parolees . Time for Change Foundation (TFCF): Being a nationally-recognized reentry program, TFCF will provide guidance, expertise, input on best practice. In addition TFCF is committed to leading the CDCR complementary grant-CDCR Community-Based Reentry Initiative, in partnership with GSC. . Office of Community Safety and Violence Prevention will provide project leadership on behalf of the Mayor's Office . Mayor's Office will provide leadership, coordination, call to action C. PAST COLLABORATION In the space below, describe the applicant's involvement in other collaborative efforts involving support services for offenders. As previously stated, Mayor Morris is a leader in the development of collaborations resulting in support services for offenders. His legal roots as a deputy with the San Bernardino County District Attorney's Office, 5 years as a local elected school board member, 30 years as a Superior Court Judge, and his current position as Mayor of the City of San Bernardino, has resulted in numerous awards on the development of networks providing wrap-around services to many special populations, including offenders. This is a true collaborative project in all participating organizations have provided and will continue to provide through collaborations for support services for offenders. Operation Phoenix represents the epitome of the establishment of a large, successful collaboration. Operation Phoenix consists of 45 organizations, including the following, that are committed to the tenets of the program (see brochure for additional information): \" IGP GRANTS RFA 12/412006 e e e . The City of San Bernardino (Mayor's Office, Police Department, Code Enforcement, Fire Department, Public Services, Parks and Recreation, Attorney's Office, Economic Development Agency, City Manager's Office) . San Bernardino City Unified School District (Student Services and School Police) . California State University-San Bernardino Colleges of Behavioral Science and Extended Leaming . County of San Bernardino (Probation Department, Children's Services, Public Health, Behavioral Health, Children's Network, District Attorney's Office, Public Defender's Office, Housing Authority) . Young Visionaries Youth Leadership Academy . Church of the Nazarene . Los Padrinos Youth Services . Job Corps . California Department of Corrections and Rehabilitation SECTION V: PROBABILITY OF SUCCESS A. LIKELIHOOD OF SUCCESS In the space below, provide an overview of research data that supports the proposed program structure and describes how the project's effectiveness will be measured. Describe the program outcome measures and how they will be tracked (e.g. data to be collected, the methods used to measure incremental offender change; evaluation design; staff performance measures). Discuss how data will be used for program improvement. Additionally, please describe the project's ability to eventually sustain itself in the event that grant funding would cease. The SBCRC will ensure that the project developed will follow the Califomia Department of Corrections and Rehabilitation's Principles for Effective Programs: 1. The overall project goal is to provide persons coming from prison with the model of successful re-entry thereby reducing recidivism and increasing publiC safety 2. Evidenced Based - Research will be utilized in the development of the SBCRC program. Dr. Carolyn Eggleston, California State University-San Bernardino will ensure academic integrity and the use of evidenced based research in the decision-making during the strategic planning process. 3. Implementation of Performance Measures 4. Elevated rehabilitation 5. Targeted interventions (specific crimogenic needs, recognized learning styles, intensive programming) 6. Use of positive reinforcers to motivate ( incentives) 7. Conduct evaluation and provide data feed back to staff (revise program as needed) 8. Follow appropriate CDCR research protoQol 9. Results obtained from the SBCRC will be made available to interested organizations for program design and improvement " . The City of San Bernardino has reached a critical point in the battle for community safety. The timing for this collaborative approach is ideal because of the heightened sensitivity and because the will of the community is particularly supportive. By building on previous successes and focusing on innovative evidence-based strategies, the collaborative has an excellent likelihood of success. The City of San Bernardino is committed to the development of programs IGP GRANTS RFA 12/412006 e e e addressing reentry. The SBCRC partners are vested in the strategic planning, development and implementation of a successful ex-offender reentry program in the City of San Bernardino. The SBCRC is looking forward to beginning the process with the award of the CDCR Community- Based Reentry Initiative and the Intergovernmental Partnership Grant Program and continuing through the adoption of a successful reentry program by the community of the city of San Bernardino, thus sustaining the program. B. PAST SUCCESS In the space below, describe the applicant's current readiness and past successes in implementing and managing grant-funded projects (state and/or federal). The City of San Bernardino has received, implemented, managed, evaluated, and successfully closed-out many county, state and federal grant-funded projects. Examples include: . California State Department of Education, Adult Education and Family Literacy Act, $200,000 . Department of Health and Human Services. Metropolitan Medical Response System, $400,000 . Federal Emergency Management, Well ness/Fitness Grant, $105,728 . Corporation for National Service, Senior Companion, $291,745 . California Department of Education, HeadStart Non-Food Program, $232,191 . US Department of Justice, Value Based Initiative, $105,000 . US Department of Justice, LLEBG 02/03, $469,999 C. TIME LINE OF ACTIVITIES Use the table below to list project start-uplimplementation activities and anticipated timelines. If more space is needed, extend the table. Project Activity " ,'^ ' , , '1- 'illM 'moh~ - r / . .. .IM I. 1ft81 . .. Contractual al!reement Prol!l'8m Evaluator/Consultant 02/07 Meetin~ I-SBCRC, grant requirements 02/07 MOUs siOned bv SBCRC 02/07 Goal Develooment SBCRC Meetin~ 2 03/07 Information Gatherin2 SBCRC Sub Committee Meetin2S 03/07-04/07 Review of Scholar Iv and oooular literature 03/07-04/07 Environmental Scans 04/07-05107 Develooment of Vision and Mission 05/07-06/07 SWOT Analvsis 06/07-07107 Strate2ic Directions 07/07-08107 Action Plan 08/07-09/07 Timeline and Objectives for lmolementation 09/07-10/07 Strate2ic Plan Comoletion 10/07 Strale~ic Plan Announcement IlI07 Strate!!.ic Plan Implementation lI08 \\ SECTION VI: PROJECT BUDGET IGP GRANTS RFA 12/4/2006 tit tit e A. BUDGET LINE ITEM TOTALS: Please fill out the following table for the project's proposed budget. The CDCR uses these line items so please insert amounts where they fit best. Amounts must be whole dollars on Iv. 1. Salaries and Benefits $0 0 $64,000 $64,000 2. Sub-ContractorsJ $75,000.00 0 $10,000 $85,000 Consultants 3. Operating Costs $5,000 0 $15,000 $20,000 4. Indirect Costs $10,000 0 $10,000 $20,000 S.Other $10,000 0 $0 $10,000 TOTAL $100,000 0 $99,000 $199,000 IGP GRANTS RFA 12/412006 e e e B. LINE ITEM DETAILS: In the space below each line item, describe how grant funds and any matchinglin-kind funds would be used to implement the project. Please provide sufficient detail to assess the nexus between the requested grant funds and the proposed project. 1. SALARIES AND BENEFITS: In-kind contributions of time from the City of San Bernardino and Goodwill Southern California. The City will include partial salary for Kurt Wilson (including financiai reporting and direction of the project) as well as clerical staff in the amount of $40,000. Goodwill will include staff time of Lowell King and Andrea Mitchel in the amount of $24,000. 2. SUB-CONTRACTORS/CONSULTANTS: Dr. Carolyn Eggleston act as the Program Evaluator/Consultant and will lead, evaluate and document the entire process. She will be paid a lump sum of $50,000 for work resulting in the completion of the SBCRC activities. A series of professional facilitators have been budgeted in the amount of $15,000. Additional subject-matter experts have been budgeted in the amount of $10,000. An in-kind donation of in-house subject-matter experts (police department, parks and recreation, etc.) has been budgeted in the amount of $10,000. 3. OPERATING COSTS: This includes a total of $5,000 from grant funds and $15,000 as an in-kind match. It will include utilities, office space and equipment including primary meeting facilities. 4. INDIRECT COSTS: This tot~1 may not exceed 10% of the grant funds. The 10% cap for indirect costs falls below the City's federal standard but the cap has been maintained in order to comply with the requirements of the grant. 5. OTHER: This will include travel, required accommodations, and other miscellaneous expenditures. C. FUNDING REQUEST In the space below, explain why the amount of funds requested is reasonable and appropriate given the proposed project's design and scope. If applicable, describe any other funding streams that may be used to support the proposed project. The $100,000 request will actually leverage a myriad of in-kind services. As a result, the project will have the benefit of nearly double the award amount. Because the additional value creates additional access to resources, the project will have a greater chance of producing a successful outcome. Additionally, it increases the likelihood of continued progress and implementation beyond the scope of the grant. IGP GRANTS RFA 121412006 CITY OF SAN BERNARDINO Budget Proposal Agreement Number XX.xXXX Exhibit B-1 e FISCAL YEAR 200612007 (February 1, 2007 - June 30, 2007) e %of A. PERSONNEL" No. of Monthly Project No. of Positions Salarv Time Months Total . $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Staff Salaries $ Total Staff Benefits T 30-35 % of Total Staff Salariesl $ TOTAL PERSONNEL COSTS tAl $0 B. SUB-CONTRACTORS/CONSULTANTS COSTS (list firms and costs) Case Management $ 15,000 Academic research and production $ 10,000 Coordination of materials and resources $ 6,250 $ $ TOTAL SUB-CONTRACTORS/CONSULTANTS COSTS IBI $ 31,250 C. OPERATING COSTS Facility Lease/Rent $ Maintenance/Repair $ Communications $ Utilities $ Insurance $ Food $ 1,000 Supplies/Expendable Equipment $1,083 Non-Expendable Equipment $ Transportation $4,167 Line Item Additions: $ Case Manaaement Coordination $ - $ $ TOTAL OPERATING COSTS IC) $ 6,250 SUBTOTAL ANNUAL DIRECT EXPENSES IA+B+CI $ 37,500 D. TOTAL INDIRECT COSTS $ 4,167 $ .. TOTAL BUDGET FOR FISCAL YEAR (2006/2007) IA+B+C+DI $41,667.00 e . CITY OF SAN BERNARDINO Budget Proposal Agreement Number XX.XXXX Exhibit B-1 e FISCAL YEAR 2007/2008 (July 1, 2007 - June 30, 2008) e %of A. PERSONNEL" No. of Monthly Project No. of Positions Salarv Time Months Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Staff Salaries $ Total Staff Benefits I 30-35 % of Total Staff Salariesl $ TOTAL PERSONNEL COSTS IAI $0 B. SUB-CONTRACTORS/CONSULTANTS COSTS (list firms and costs) Case Management $ 22,000 Academic research and production $ 8,000 Coordination of materials and resources $ 13,750 $ $ TOTAL SUB-CONTRACTORS/CONSULTANTS COSTS IBI $ 43,750 'C. OPERATING COSTS Facility Lease/Rent $ Maintenance/Repair $ Communications $ Utilities $ Insurance $ Food $ 1,500 Supplies/Expendable Equipment $ 1,417 Non-Expendable Equipment $ Transportation $ 5,833 Line Item Additions: $ Case Manaaement Coordination $ - $ $ TOTAL OPERATING COSTS ICI $ 8,750 SUBTOTAL ANNUAL DIRECT EXPENSES IA+B+CI $52,500 D. TOTAL INDIRECT COSTS $5,833 $ TOTAL BUDGET FOR FISCAL YEAR (2007/2008 I tA+B+C+DI $58,333.00 e STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS AND REHABILITATION ARNOLD SCHWARZENEGGER. GOVERNOR DIVISION OF SUPPORT SERVICES OFFICE OF BUSINESS SERVICES a 151~ S Street, Sacramento. CA95S"14 _po. Box 942S83 Sacramento, CA 94283.0001 February 2, 2007 City of San Bernardino Attn: Kurt Wilson 300 North D Street San Bernardino, CA 92418 Dear Mr. Wilson: AGREEMENT NUMBER: C06436 SERVICE: INTERGOVERNMENTAL PARTNERSHIP GRANT PROGRAM e Enclosed are four (4) original Standard Agreements (STD213) for the above-referenced Agreement. Please have all STD 213 dated and signed with an original signature by an authorized representative. All documentation must be returned to the California Department of Corrections and Rehabilitation (CDCR), Office of Business Services (OBS), at the address on this letterhead. Please use the address below for overnight or hand delivery: California Department of Corrections and Rehabilitation Office of Business Services Attention: Joyce Stevens 1515 S Street, Room 410S Sacramento, CA 95814 Copies of the following document(s) are necessary for approval of this Agreement. . Current Certificate of Self Insurance This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority, the CDCR. The State has no legal obligation unless and until the Agreement is approved. When this Agreement is fully approved, an original will be forwarded to you. If you have any questions or need assistance, do not hesitate to contact me at (916) 324-0024. ,~~ Yens. Contracts Analyst e Enclosure(s) Sincerely, . STATE OF CALIFORNIA STANDARD AGREEMENT SiD 213 (Rev 06/03) AGREEMENT NUMBER C06.436 e REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Corrections and Rehabilitation (CDCR) CONTRACTOR'S NAME City of San Bernardino 2. The term of this February 1, 2007 Agreement is: 3. The maximum amount $100,000 of this Agreement is: One Hundred Thousand Dollars 4. The parties agree to c<lmply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement The Provider agrees to provide Intergovernmental Partnership Grant Program (IGP) for COCR. through June 30, 2007 Exhibit A - Scope of Work - Intergovernmental Partnership Grant Program Exhibit B - Budget Detail and Payment Provisions Exhibit B-1 - Line Item Budget Guide Exhibit B-2 - Budget Proposal Exhibit C. - General Terms and Conditions Exhibit 0 - Special Terms and Conditions for Public Entity Agreements Exhibit E - Additional Provisions for Public Entity Agreements 5 pages 2 pages 37 pages 2 pages GTC 306 10 pages 4 pages _Items shown with an Asterisk ("), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.govIStandard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of San Bernardino BY (Authorized Signature) DATE SIGNED(J)o not type) J6 PRINTED NAME AND TITLE OF PERSON SIGNING Kurt Wilson ADDRESS 300 North D Street, San Bernardino, CA 92418, 909-384-5133 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY (Authorized Signature) DATE SIGNED(Do nOI Iype) PRINTED NAME AND TITLE OF PERSON SIGNING Karen V. Smith, Deputy Director (A), Office of Business Services ADDRESS epo ~ox 942883, Sacramento, CA 94283-0001 o Exempt per' . STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER C06.436 REGISTRATION NUMBER -- 1 This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Corrections and Rehabilitation (CDCR) CONTRACTOR'S NAME City of San Bernardino 2. The term of this February 1,2007 Agreement is: 3. The maximum amount $100,000 of this Agreement is: One Hundred Thousand Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. The Provider agrees to provide Intergovernmental Partnership Grant Program (IGP) for CDCR. through June 30, 2007 Exhibit A - Scope of Work - Intergovernmental Partnership Grant Program Exhibit B - Budget Detail and Payment Provisions Exhibit B-1 - Line Item Budget Guide Exhibit B-2 - Budget Proposal Exhibit C' - General Terms and Conditions Exhibit D - Special Terms and Conditions for Public Entity Agreements Exhibit E - Additional Provisions for Public Entity Agreements 5 pages 2 pages 37 pages 2 pages GTC 306 10 pages 4 pages e Items shown with an Asterisk (,J. are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. - CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (If other than an individual. slate whether a corporation, partnership, ere.) City of San Bernardino BY (Authorized Signature) DATE SIGNED(f)u 11fl11)pttj ~ PRINTED NAME AND TITLE OF PERSON SIGNING Kurt Wilson ADDRESS 300 North D Street, San Bernardino, CA. 92418, 909-384-5133 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY (Authorized Signature) DATE SIGNED(Dn flOIlype) II< PRINTED NAME AND TITLE OF PERSON SIGNING D Exempt per Karen V. Smith, Deputy Director (A), Office of Business Services ADDRESS PO ~ox 942883, Sacrarnento, CA 94283-0001 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER C06.436 e REGISTRATION NUMBER I I 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Corrections and Rehabilitation (CDCR) CONTRACTOR'S NAME City of San Bernardino 2. The term of this February 1, 2007 Agreement is: 3. The maximum amount $100,000 of this Agreement is: One Hundred Thousand Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. The Provider agrees to provide Intergovernmental Partnership Grant Program (IGP) for CDCR through June 30, 2007 Exhibit A - Scope of Work - Intergovernmental Partnership Grant Program Exhibit B - Budget Detail and Payment Provisions Exhibit B-1 - Line Item Budget Guide Exhibit B-2 - Budget Proposal Exhibit C' _ General Terms and Conditions Exhibit D - Special Terms and Conditions for Public Entity Agreements Exhibit E - Additional Provisions for Public Entity Agreements 5 pages 2 pages 37 pages 2 pages GTC 306 1 0 pages 4 pages e lIems shown with an Asterisk (,J, are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.o/s.dgs.ca.gov/Standard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. e CONTRACTOR Californ;a Department of General SelVices Use Only CONTRACTOR'S NAME (if other than an individual, state whefher a corporation. partnership, ete.) City of San Bernardino BY (Aufhorized Signature) DATE SIGNED(Do nflll)'P") 6 PRINTED NAME AND TITLE OF PERSON SIGNING Kurt Wilson ADDRESS 300 North D Street, San Bernardino, CA. 92418, 909-384-5133 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY (Authorized Signature) DATE SIGNED/Do nlJ/ lnlt::) iX PRINTED NAME AND TITLE OF PERSON SIGNING o Exempt per: Karen V. Smith, Deputy Director (A), Office of Business Services ADDRESS PO Sox 942883, Sacramento, CA 94283-0001 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) -~ AGi,.t::.EMENT NUMBER C06.436 e REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCYS NAME California Department of Corrections and Rehabilitation (CDCR) CONTRACTOR'S NAME City of San Bernardino 2 The term of this February 1, 2007 Agreement is: through June 30, 2007 3. The maximum amount $100,000 of this Agreement is: One Hundred Thousand Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. The Provider agrees to provide Intergovernmental Partnership Grant Program (IGP) for COCR Exhibit A - Scope of Work - Intergovernmental Partnership Grant Program Exhibit B - Budget Detail and Payment Provisions Exhibit B-1 - Line Item Budget Guide Exhibit B-2 - Budget Proposal Exhibit C' - General Terms and Conditions Exhibit 0 - Special Terms and Conditions for Public Entity Agreements Exhibit E - Additional Provisions for Public Entity Agreements 5 pages 2 pages 37 pages 2 pages GTC 306 10 pages 4 pages e Items shown with an Asterisk ('J, are hereby incD/porated by reference and made part of this agreement as if affached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language IN WITNESS WHEREOF. this Agreement has been executed by the parties hereto. e CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, ete.) City of San Bernardino BY (Authorized Signature) DATE SIGNED(Do not type) 25 PRINTED NAME AND TITLE OF PERSON SIGNING Kurt Wilson ADDRESS 300 North 0 Street, San Bernardino, CA. 92418, 909-384-5133 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY (Authoflzed Signature) DATE SlGNED(f)o IWIIYPi!) iX PRINTED NAME AND TITLE OF PERSON SIGNING o Exempt per Karen V. Smith, Deputy Director (A), Office of Business Services ADDRESS PO Box 942883, Sacramento, CA 94283-0001 e e e l_ CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) . SCOPE OF WORK Agreement No. C06.436 Exhibit A COMMUNITY, NETWORK. FAMILY. INDIVIDUAL - SUCCESSFUL PAROLEE INTEGRATION IN THE CITY OF SAN BERNARDINO 1. PROJECT DESCRIPTION The City of San Bernardino agrees to initiate formal collaborations between local stakeholder entities (including various governmental agencies, employers, and community/faith based organizations) interested in improving the successful reentry of parolees into the local community. A. Proiect Goal The City of San Bernardino agrees establish a strategy committee (The San Bernardino City Reentry Collaboration [SBCRCD to design a sustainable collaborative program for comprehensive reentry services to adults paroled from CDCR institutions and returning to the City of San Bernardino B. Proiect Obiectives Bring together community-based and faith-based organizations, governmental agencies, prominent academics, practitioners, employers, community leaders, policy makers, advocates, local law enforcement, Paroles and former inmates to explore options and formulate strategies for addressing the various components of reentry including housing, public safety, civic participation, employment, mentoring, transportation, literacy, socialization and addiction. Specific Project Objectives include: 1) Formation of a collaborative strategy committee to include representatives from; faith-based organizations, governmental agencies, prominent academics, practitioners, employers, community leaders, policy makers, advocates, local law enforcement, Paroles and former inmates. 2) Identify and document local parolee service needs; 3) Utilize and build upon the best practices of "Value Based Initiative (VBI)" and "Ready4Work Prisoner Reentry Initiative" models and reentry efforts of Idaho and Massachusetts; 4) Develop and adopt a work plan that addresses reentry strategies that properly prepare the target population for active and positive citizenship upon reentry to the community; 5) Utilize the grant writing resources within the SBCRC to pursue fund development activities to address gaps in services and funding; and 6) Development of processes for evidence based program assessment and improvement. Page 1 of 5 e e e L CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SCOPE OF WORK Agreement No C06.436 Exhibit A C. Expected Outcomes 1) Creation of a formal and ongoing collaboration between nonprofit organizations, employers, governmental entities, law enforcement and paroles that provide services to the eligible population (i.e. adult inmates in adult CDCR institutions and/or parolees from those institutions); 2) Gather data regarding gaps in needed and available services to the local eligible population as well as service utilization trends; 3) Contract with an independent program evaluator/consultant to analyze plan effectiveness and service utilization data; and 4) Identify funding sources that will support and sustain development and implementation of a work plan that reflects the conclusions reached during the planning process. D. Expected Proqram Requirements for Participants This planning process will target services to adult inmates in adult CDCR institutions and/or parolees from those institutions. Service strategies are expected to address participant eligibility criteria and standards that include: 1) Participation on a voluntary basis; 2) Participants must commit to a minimum of 6 months of participation in the SBCRC Program; 3) Submit to random drug testing; and 4) Participants must live in or be paroling to the City of San Bernardino. E. Proqram Structure The year-long planning process will consist of the following elements: 1) Creation of a formal and ongoing collaboration between community-based and faith-based organizations, governmental agencies, prominent academics, practitioners, employers, community leaders, policy makers, advocates, local law enforcement, Paroles and former inmates to identify service strategies for to assist with reentry service needs for the eligible population (i.e. adult inmates in adult CDCR institutions and/or parolees from those institutions); 2) Gather data regarding gaps in needed and available services to the local eligible population as well as service utilization trends; 4) Contract with an independent program evaluator/consultant to analyze plan effectiveness and service utilization data; and 5) Identify funding sources that will support and sustain development and implementation of a work plan that reflects the conclusions reached during the planning process. Page 2 of 5 e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SCOPE OF WORK Agreement No. C06.436 Exhibit A 2. TARGET POPULATION While the target population will be more clearly defined during the SBCRC planning process, the entire range of adult offenders will be addressed (including violent offenders). We anticipate the actual target population will be men and women from 6 months prior to release to 18 months post release. After award and planning, the SBCRC initially plans on providing services to 400 recently released adult CDCR offenders and/or parolees. 3. PROGRAM AND PARTICIPANT DATA AND REPORTING REQUIREMENTS Within 30 days of contract execution, the contractor will be required to develop a system that is acceptable to CDCR to collect and report program and participant related data in an accurate and timely manner. The data will be used for reporting program progress and evaluating the program performance as well as for services coordination. The system must be compatible with CDCR data systems (e.g., MS Access, MS Excel, etc.). At a minimum, the program and participant data will include: a. Participant Data: The Contractor is required to develop a system for accurate and timely collection and reporting of all participant data consistent with the specific nature of each specific program. 1) CDCR number for all participants. 2) Demographic, socioeconomic and criminogenic data on all program participants and potential participants on the program waiting list. 3) Names of all assessment instruments used and baseline data summarizing: the participant's level of criminality, education, vocational abilities, substance abuse history, self-sufficiency, and social competency at program admission. 4) Appropriate case management data designed for follow up of progress in receiving services, such as name of case manager(s), date case manager assigned, follow up dates, status on entry, and end of month status for ongoing treatments or terminations. 5) Date participant is assessed, referred, and shows up for service. 6) Program participation; daily, weekly, and monthly attendance records, hours of treatment(s) and outcome/performance measures specific to each program both on the individual and the cohort level, as appropriate. 7) Monthly fOllOW-Up data detailing participant progress specific to objectives and goals identified and services received. Length of follow- up will be based upon each grants specific goals, objectives, and predetermined time frames. 8) Program data on successful or unsuccessful discharge status upon release/transfer from program/facility. Page 3 of 5 e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SCOPE OF WORK Agreement No. C06.436 Exhibit A Data requirements may be modified to accommodate comparisons between projects with similar treatment models. b. Proqram Data: The Contractor shall submit monthly, quarterly, and 6-month interim progress reports to the Division of Community Partnerships on or before the 15th of the following month that include the number of: . New program admissions. . Program exits by status at exit. . Participant referrals to services by service type. . Participant placements in services by service type. . Active participants in the program during the reporting month. . Number of eligible participants on the program waiting list. . Program capacity. c. The followinq requirements must be met alonq with the data collection The Contractor shall submit monthly, quarterly, and 6-month interim progress reports describing program activities, any upcoming major events and activities, all problems encountered, and plans for problem resolutions. These reports shall be submitted to the Division of Community Partnerships Program Manager on or before the 15th of the following month. The Contractor shall have procedures developed and in place to: 1) Ensure and verify the validity of the data; 2) Protect the data from unauthorized access and/or destruction due to negligence, malice, or disaster. If it has been determined that participant data has been compromised the contractor must notify CDCR immediately. 3) Ensure no report, publication, and/or statistical data related to the programs is released or revealed without the prior written approval from CDCR. 4) Cooperate in the evaluation of the program and assist COeR and any designated evaluators on any additional data collection efforts and program analysis. 5) Submit participant level program data to CDCR by the 1 ath day of each month. The data file shall include all program activity for the previous month. 4. PLANNING GRANT REPORTING REQUIREMENTS The Contractor will be required to develop and submit detailed reports, subject to CDCR approval, about the planning grant process undertaken and a description of the program developed. The following information must be provided to CDCR at the specified intervals: Page 4 of 5 e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SCOPE OF WORK Agreement No. C06.436 Exhibit A a. Formal proiect plan (to be submitted within the first month of the start of the proiect) which includes the followino: . Description of community needs. . Description of target population and an estimate of how many reside in the community. . List of all stakeholders. . List of all collaborating entities and a description of each entities role. . List of project tasks and timelines. b. ProQress reports (to be submitted at 3, 6. and 9 months into the proiect) which include: . List of project goals and a timeline detailing when each goal was completed. . Description of all meetings held, including: agenda, list of attendees, and meeting notes. . List of all collaborating entities and a description of each entities role. c Final outcome report (to be submitted upon completion of the proiect) which may include: . List of project goals and a timeline detailing when each goal was completed. . Description of the program developed through the Intergovernmental Partnership Grant Program along with the theoretical and practical support for this program. . Timeline for program implementation. . The evaluation plan developed to determine the effectiveness of the program when implemented. . Description of all meetings held, including: agenda, list of attendees, and meeting notes. . List of all collaborating entities and a description of each entities role. . Feedback from stakeholders. . Identify funding sources that will ensure the program will be implemented and sustained. Page 5 of 5 e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) BUDGET DETAIL AND PAYMENT PROVISIONS Agreement No. C06.436 Exhibit B 1. Invoicing and Payment a. For services satisfactorily rendered, and upon receipt and approval of contractor's invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B-2, Budget Proposal which are attached hereto and made a part of this Agreement. b. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to: California Department of Corrections and Rehabilitation (CDCR) Headquarters Regional Accounting Office Division of Community Partnerships Attention: Accounts Payable POBox 187018 Sacramento, CA 95818-7018 2. Budget Contingency Clause a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement. b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq. 4. Subcontractors For all Agreements, with the exception of Interagency Agreements and other governmental entities/auxiliaries that are exempt from bidding, nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor's responsibilities and obligations hereunder. The Contractor agrees to be as fully CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit 0 -3. Workers' Compensation Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this agreement, carry workers' compensation insurance, at Contractor's expense, or that it is self-insured through a policy acceptable to the CDCR, for all of its employees who will be engaged in the performance of this agreement. Such coverage will be a condition of CDCR's obligation to pay for services provided under this agreement. Prior to approval of this agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers' compensation coverage. Contractor agrees that the workers' compensation insurance shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires or is canceled at any time during the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the agreement or for a period of not less than one year. The State reserves the right to verify the Contractor's evidence of coverage. In the event the Contractor fails to keep workers' compensation insurance coverage in effect at all times, the State reserves the right to terminate this agreement and seek any other remedies afforded by the laws of this State. -4. Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor's workers' compensation claims and losses by Contractor's officers, agents and employees related to the performance of this agreement. Liabilitv for Loss and Damages Any damages by the Contractor to the State's facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement. 5. Computer Software Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 6. Accounting Principles The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit. 7. Liabilitv for Nonconforming Work e The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor's deadline, the -2- L_______________ CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit D _ Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects. 8. Subcontractor/Consultant Information Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing, within ten (10) working days, of any changes to the subcontractor and/or consultant information. 9. Contract Violations The Contractor ackrwwledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425. 10. Temporary Nonperformance -11. If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor's inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price. Extension of Term This Agreement may be amended to extend the term if it is determined to be in the best interest of the State. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement. 12. Employment of Ex-Offenders Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement: a. Ex-Offenders on active parole or probation; b. Ex-Offenders at any time if they are required to register as a sex offender pursuant to Penal Code Section 290 or if such ex-offender has an offense history involving a "violent felony" as defined in subparagraph (c) of Penal Code Section 667.5; or c. Any ex-felon in a position which provides direct supervision of parolees. Ex-Offenders who can provide written evidence of having satisfactorily completed parole or probation may be considered for employment by the contractor subject to the following limitations: e -3- CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit 0 e a. Contractor shall obtain the prior written approval to employ any such ex-offender from the Authorized Administrator; and b. Any ex-offender whose assigned duties are to involve administrative or policy decision- making; accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State of California. 13. Electronic Waste Recyclina The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. 14. Taxes 15. e e Unless required by law, the State of California is exempt from federal excise taxes. The State will only pay for any state or local sales or use tax on the services rendered or goods supplied to the State pursuant to this Agreement. Conflict of Interest The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest. a. Contractors and Their Employees Consultant contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within thirty (30) days after the expiration of the Agreement. Other service contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service contractors (other than consultant contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists: (1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur; (2) The Contractor and/or Contractor's employee(s), pursuant to the Agreement, makes or influences a governmental decision; or (3) The Contractor and/or Contractor's employee(s) serves in a staff capacity with the CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR's Conflict of Interest Code. -4- CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS e e Agreement No. C06.436 Exhibit D b. Current State Employees (1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. (2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. (3) In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of: (a) Using an official position for private gain; (b) Giving preferential treatment to any particular person; (c) Losing independence or impartiality; (d) Making a decision outside of official channels; and (e) Affecting adversely the confidence of the public or local officials in the integrity of the program. (4) Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. c. Former State Employees (1) For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency. For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policy- making position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service. (2) In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with . respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either directly, or indirectly through an affiliated company, person or business unless specifically authorized in writing by the CDCR. In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with inmates or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by the CDCR. For the purposes of this paragraph, "affiliated company, person or business" means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders, either directly or indirectly. "Affiliated companies, persons or businesses" include, but are not limited to, subsidiary, parent, or .sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other e -5- CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit D _ person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders. The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement. The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor's business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor's business status or structure that could affect the performance of the Contractor's duties under the Agreement. If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void. Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem. _16. Disclosure Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known to State staff made by any inmate or parolee which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State. 17. Security Clearance/Finaerprintina The State reserves the right to conduct fingerprinting and/or security clearance through the Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to award and at any time during the term of the Agreement, in order to permit Contractor and/or Contractor's employees access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined. 18. Notification of Personnel ChanQes Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor's employee(s) upon their departure or termination. _ -6- CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit D _ Tlie following provisions apply to services provided on departmental andlor institution grounds: 19. Sloodborne Pathogens Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to blood borne pathogens. 20. Tuberculosis ITS I Testing In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community-based program, prior to the performance of contracted duties, Contractors and their employees who are assigned to work with inmates/parolees on a regular basis shall be required to be examined or tested or medically evaluated for TB in an infectious or contagious stage, and at least once a year thereafter or more often as directed by CDCR. Regular basis is defined as having contact with inmates/parolees in confined quarters more than once a week. Contractors and their employees shall be required to furnish to CDCR, at no cost to CDCR, a form CDCR 7336, "Employee Tuberculin Skin Test (TST) and Evaluation," prior to assuming their contracted duties and annually thereafter, showing that the Contractor and their employees have been examined and found free of TS in an infectious stage. The form CDCR 7336 will be provided by CDCR upon Contractor's request. _21. Primary Laws. Rules, and Reaulations Regarding Conduct and Association with State Prison Inmates Individuals who are not employees of CDCR, but who are working in and around inmates who are incarcerated within California's institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates. The following is a summation of pertinent information when non-departmental employees come in contact with prison inmates. By signing this Agreement, the Contractor agrees that if the provisions of the Agreement require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates: a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps. SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415 b. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO HOSTAGE" policy and all prison inmates, visitors, and employees shall be made aware of this. _ -7- CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit 0 e SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 c. All persons entering onto institution/facility or camp grounds consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises. SOURCE: and 3288 PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, d. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Director, Warden, and/or Regional Parole Administrator. SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176 (a) e. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR institutions/facilities or camps without the prior approval of the Warden. It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution. SOURCE: 3289 PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and e f. Encouraging and/or assisting prison inmates to escape is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison inmates firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. SOURCE: 4574 PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and g. It is illegal to give or take letters from inmates without the authorization of the Warden. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates. SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424 and 3425 h. In an emergency situation the visiting program and other program activities may be suspended. SOURCE: PC Section 2601; CCR, Title 15, Section 3383 i. For security reasons, visitors must not wear clothing that in any way resembles state issued prison inmate clothing (blue denim shirts, blue denim pants). e SOURCE: CCR, Title 15, Section 3171 (b) (3) -8- CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit D e j. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. SOURCE: CCR, Title 15, Sections 3261.5,3315 (3) 0N), and 3177. 22. ClothinCl Restrictions While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is inmate attire. Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance. 23. Tobacco-Free Environment Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of the Department of Corrections and Rehabilitation is prohibited. 24. Security Reaulations e a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor's employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor's parking lot. Contractor, Contractor's employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds. b. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise. c. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor's loss due to fire. d. Due to security procedures, the Contractor, Contractor's employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in and out of the institution gates and sally ports shall be borne by the Contractor. e. Contractor, Contractor's employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities. e -9- CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit D e f. Electronic and communicative devices such as pagers, cell phones and cameras/microcameras are not permitted on institution grounds. g. Contractor, Contractor's employees and subcontractors shall not cause undue interference with the operations of the institution. h. No picketing is allowed on State property. 25. Gate Clearance Contractor and Contractor's employee(s) and/or subcontractor(s) must be cleared prior to providing services. The Contractor will be required to complete a Request for Gate Clearance for all persons entering the facility a minimum of ten (10) working days prior to commencement of service. The Request for Gate Clearance must include the person's name, social security number, valid state driver's license number or state identification card number and date of birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunications System (CLETS) check. The check will include Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check. e Gate clearance may be denied for the following reasons: Individual's presence in the institution presents a serious threat to security, individual has been charged with a serious crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity. All persons entering the facilities must have a valid state driver's license or photo identification card on their person. e -10- ,- e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit E 1. Confidentiality of Infonnation CDCR and Provider agree that all inmate/patient medical record information is identified as confidential and shall be held in trust and confidence and shall be used only for the purposes contemplated under this Agreement. Provider by acceptance of this Agreement is subject to all of the requirements of the federal regulations implementing the Health Insurance Portability and Accountability Act of 1996 (Code of Federal Regulations (CFR), Title 45, Sections 164.501 et seq.); the California Government Code Section 11019.9; California Civil Code Sections 56 et seq.; and California Civil Code Sections 1798, et seq.; regarding the collections, maintenance, and disclosure of personal and confidential information about individuals. 2. Contractor Emplovee Misconduct During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify the CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to inmates/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDCR that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or parolees at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement. 3. Riaht to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C) The parties hereto agree that either party may cancel this Agreement by giving the other party written notice thirty (30) days in advance of the effective date of such cancellation. In the event of such termination, the State agrees to pay Contractor for actual services rendered up to and including the date of termination. 4. Resumes. Job Descriptions and Duty Statements The Contractor must provide and maintain resumes, duty statements and/or job descriptions for all staff paid through this Agreement. In addition, all contracted staff personnel files must indicate the date of employment, rate of pay and benefits, funding source, pay increases, e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit E promotions and status changes, and, if applicable, the date and reason(s) for employment termination. 5. Proiect Manaaer The Contractor shall designate a Project Manager to be responsible for ensuring the terms, conditions, and provisions of this Agreement are met. The Contractor shall notify the CDCR within five (5) working days of a change in Project Manager. The continuation and subsequent replacement of this position is subject to the provisions contained in the section' entitled .Personnel". 6. Personnel The Contractor agrees to allow the State the right to 1) approve, in advance, any personnel to be assigned to this project, and 2) disapprove the continuing assignment of any personnel. If any employee of the Contractor is unable to perform due to illness, resignation or other factors beyond the Contractor's control, the Contractor shall immediately provide acceptable substitute personnel. The Contractor shall report in writing the resignation or dismissal of personnel who are an essential part of the successful operation of the contracted program. The State may immediately terminate the Agreement if the replacement of personnel is detrimental to the program as determined by the State. 7. Audit Reports a. Local Governmental Entities Local governmental entities shall submit, to the CDCR two (2) copies of the required audit report within thirty (30) calendar days after the completion of the audit, but no later than nine (9) months after the end of the audit period. The audit reports are to be submitted to the addresses stated above. Local governmental entities shall submit the required number of copies of the audit report in accordance with the guidelines set by the Division of Audits of the State Controller's Office. Said reports are to be submitted to the following address: State Controller Division of Audits 300 Capitol Mall, Fifth Floor Sacramento, CA 95814 b. Subsidiary Entities Where services or funds under this Agreement are provided to, for, or by a wholly owned, or wholly controlled subsidiary of Contractor, Contractor hereby provides assurance that an audit of this subsidiary organization shall be performed in accordance with this Section. Said required audit report shall be made available to the State upon request. -2- CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit E . 8. Subcontractina Services provided are to be performed primarily with the staff of the pUblic entity or, in the case of educational institutions, auxiliaries or foundations, by the faculty, staff or students associated with the particular institution. Agreements are not to be used by state agencies to circumvent the competitive bidding requirements of Public Contract Code Section 10340. If more that twenty-five (25) percent of the total contract amount or $50,000.00, whichever is less, is subcontracted, non-competitive bid approval must be obtained from the Agency Secretary of the Youth and Adult Correctional Agency and the Department of General Services prior to the commencement of services, unless the subcontract was competitively bid or the subcontractor(s) also qualifies as a state agency, governmental agency, or joint power. 9. Insurance Reauirements . Insurance as required herein shall be a condition of the State's obligation to pay for services provided under this Agreement. Prior to approval of this Agreement and before performing any work, Contractor and any subcontractor shall furnish to the State evidence of valid coverage. The following shall be considered evidence of coverage: A certificate of insurance, a "true and certified" copy of the policy, or any other proof of coverage issued by Contractor's insurance carrier. Binders are not acceptable as evidence of coverage. Providing evidence of coverage to the State conveys no rights or privileges to the State, nor does it insure any State employee or insure any premises owned, leased, used by or otherwise or under the control of the State. It does, however, serve to provide the State with proof that the Contractor and any subcontractor is insured at the minimum levels required by the State of California. Contractor agrees that any liability insurance required in the performance of this Agreement shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled during the term of this Agreement, Contractor's insurance provider must agree to give at least thirty (30) days prior notice to the State before said expiration date or notice of cancellation. Evidence of coverage required in the performance of this Agreement shall not be for less than the remainder of the term of this Agreement or for a period of not less than one year. The State and the Department of General Services (DGS) reserve the right to verify the Contractor's evidence of coverage; evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails to keep insurance coverage as required herein in effect at all times, the State reserves the right to terminate this Agreement and to seek any other remedies afforded by the laws of the State of California. Self-insured public entities MUST provide proof of self-insurance. Contractor hereby represents and warrants that the Contractor and subcontractors are currently and shall for the duration of this Agreement be insured and provide proof of self- insurance against: . Commercial General Liabilitv - Contractor agrees to carry a minimum of $1,000,000 per occurrence for bodily injury and property damage liability combined. The certificate of insurance must include the fOllowing provisions: - 3 - . . . CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit E . The insurer will not cancel the insured's coverage without 30 days prior written notice to the State. The California Department of Corrections and Rehabilitation must be named as the "Certificate Holder" and list the following: State of California California Department of Corrections and Rehabilitation (CDCR) Office of Business Services P. O. Box 942883 Sacramento, CA 94283-0001 . The State of California, its officers, agents, employees, and servants are hereby named as additional insured but only with respect to work performed for the State of California. Professional Liability Insurance - Contractor and any subcontractors shall maintain Professional Liability Insurance in the amount of $1,000,000 per occurrence, $3,000,000 in the aggregate, including coverage for any errors and omissions caused by negligence in the performance of duties under this Agreement. By signing this Agreement, the Contractor certifies that the carrier of any professional liability insurance required in the performance of this Agreement has knowledge of the Contractor's and any subcontractor's extension of services to CDCR inmates. Auto Liability - By signing this Agreement, the Contractor certifies that the Contractor and any employees, subcontractors or servants possess valid automobile coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The State reserves the right to request proof at any time. -4- e () , ~ c:'<t ",- E 0 .<:::'<t u '" '" Cl :;e~ 11l ::ii ~ e Cl 0 ~ l1. W ....I l1. i= ....I ::l ::ii ~ 0 LL Z <( ....I l1. Z 0 ~ U 0 ....I ....I <( I- 11l 0 U I- U W ~ is ~ W ....I e l1. ::ii <( 11l c; g 0 0 0 "' 0 0 0 0 0 :: 0 0 0 0 0 0 g 0 0 0 0 0 1)~VI 0 0 0 ~ 0 eOO 0 "'. <0 0 '" _1)0 '" ~ '" 0 .. C l! Ci - -1:& J! 0'- ~O1! ! .. .. .. .. 0 E 0 0 0 0 "' Cl 0 0 0 0 0 0 I! 0 0 0 0 N u: 0 ~~ 0 -g; ~ g N as '" .... O. N '" N ;;; Q.J!! ~ N - VI I!O ..0 '0 .. .. .. .. .. u.. E 0 0 0 0 "' Cl 0 0 0 0 0 0 I!,~ 0 0 0 0 ... w 0 0 as N 0 N N O>w e~ 0 0 0> 0 0> - '" 0> ... ;;; Q.J!! - N .j\'VI c 0 ~O 0 .. .. .. .. 0 E 0 0 0 0 "' Cl 0 0 0 0 0 0 ~O 0 0 0 0 0 i3 0 N - 0 0 0 0 0 VI 0_ 0 '" N 0 <0 0 .tJ!! o. N .... 0 ;;; U - N - .j\'VI " C 0 e ~O 0 .. .. .. .. i5 0 E 0 0 0 0 "' Cl 0 0 0 0 0 () 0 I!{i 0 0 0 0 '" 0 0 as ... 0 ~ ... 0>::: eJ!! '" <0 '" 0 ... 0> N '" ~ ;;; 11. VI ~ .. 0 EO .. .. .. .. 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VI e VI " <5 <5 ~ l;; 0 iii 0 :5 '" ~ it '" l- I- U U u.. .E 11. C l- I- 11. ~ :.: 6' i!l . <( 6' e. :.: .!l In o U ~ o U I! - l: o u B o I- 6' ~ :.: 6' @. :.: 0;- .;;; '" lD Ui o u tl l!! is S C> c .;;; -=- Attachment 1-0 (Page 1 of 2) e Instructions for Completing the Budget Transfer Request (BTR) Form (Cost Reimbursement BudQets) j.\REA11 Contractor completes all requested information: . Name of COCR Program administering the contract (i.e., OSAP, P&CSO, OCR etc.) . Mailing address (City, State and Zip) . Name and phone number of Program Manager . Contractor's name (as written on Contract) . Contractor's contact person and phone number . Contractor's address (City, State and Zip) . Contract and BTR number (The BTR number will be assigned by the COCR Program Manager approving the BTR. BTR numbers will be assigned in sequential order, regardless of fiscal year. For example, if the contract is two years old and this is the third BTR request, then the BTR is assigned as #3.) . Identify which fiscal years are affected by the proposed BTR e iAREA ~ Contractor indicates type of budget transfer. Check one or more boxes as appropriate. iAREA~ COCR's Section Chief of the program administering the contract approves or disapproves BTR. Printed name, signature, date and phone number of approving authority are required. ALL BTRs MUST BE ACCOMPANIED BY JUSTIFICATIONIDOCUMENTATION AND A REVISED LINE ITEM BUDGET FOR EACH FISCAL YEAR AFFECTED BY THE BTR. REVISED BUDGETS MUST BE SUBMITTED IN THE FORMAT AS DISPLAYED ON PAGE 3 OF ATTACHMENT 1-0. A blank BTR is also attached for use by Contractors. IDISTRIBUTIONI The Section Chief of the program will forward copies of the approved BTRs to the CDCR Accounting Office and the Office of Business Services (OBS). e October 20, 2006 BUDGET TRANSFER REQUEST (Cost Reimbursement Budgets) Office of Business Services aBS TO: California De artment of Corrections and Rehabilitation coeR DIVISION OR PROGRAM (MANAGING CONTRACT) DATE SUBMITTED (from Contractor) FROM: (CONTRACTOR'S OFFICIAL NAME AS WRITTEN ON CONTRACT) PREPARED BY (PLEASE PRINT NAMe LEGISL Y TELEPHONE NUMBER MAILING ADDRESS MAILING ADDRESS CITY, STATE, ZIP CODE 1 CITY, STATE. ZIP CODe ATTENTION: (PROJECT/PROGRAM MANAGER)' PHONE NUMBER CONTRACT #I AMENDMENT #/BTR tI FISCAL YEAR(S) 'PLEASE PRINT NAME LEGlSL BUDGET TRANSFER REQUEST (BTR) PROCESS A Budget Transfer Request (BTR) is an informal document used by the Contractor to indicate allowable budget transfers of existing project funds without the need to process a formal amendment. The BTR is only used when there is no increase in the total funding level. The BTR enables the Contractor to adjust the line item budget to reflect actual expenditures. The Contractor shall submit a BTR to the CDCR Program Manager reflecting budget transfer costs of existino oroiect funds, provide justification/documentation for each budget transfer, and submit a revised budget for the affected fiscal years. The justification/documentation must accompany the BTR and be signed by the Contractor's Director. Budget Transfer Requests must be approved by the Section Chief of the program administering the contract. CDCR Program Managers must submit a copy of all approved BTRs, along with a revised budget, to the CDCR Accounting Office and OBS. The Accounting Office will not pay invoices exceeding the budgeted category amounts until an approved BTR and revised budget have been received from the CDCR Program Manager. The Accounting Office will only pay invoices for cate ories that are reflected in the current a roved line item bud et that have sufficient funds. TYPE OF BUDGET TRANSFER REQUEST (CHECK ONE OR MORE BOXES AS APPROPRIATE) Contractor indicates type of budget transfer request: THE FOLLOW/NG ACTIONS REQUIRE AN IMMEDIATE BTR AND PRIOR APPROVAL FROM CDCR'S SECTION CHIEF OF THE PROGRAM: . adjusting budgeted costs across the established budget categories greater than 15% of original total for that categr:-lg., operating costs; subcontractorlconsultant costs, etc., but excluding Personnel category.) l1.J addition of new line item(s) in anyone of the budget categories. benefit increases for the following documented circumstances onlv: 1) increase in employee health care or workers' compensation costs; 2) increase in social security or unemployment insurance costs; or 3) increase in employee payroll taxes. Documentation showing proof of increased costs must be provided (I.e., tax documents, invoices, etc.); . . . addition of new budgeted positions that do not have a significant impact on contracted services or contract deliverables and do not require duties and/or qualifications to be identified in the scope of the project; increase in a budgeted position's time base (e.g., from 50% to 75%, etc.). . Prior written approval for any type of transfer or change not identified above must be requested from the Deputy Director or Assistant Director of the Program. If the request is approved, the Contractor will be given notification to process a BTR or amendment for the re uested transfer or chan e. SECTION CHIEF OF PROGRAM APPROVAUCERTIFICATION o Approved I hereby certify that this BTR is in compliance with Line Item Budget Guide policies and that the transfer of funds is consistent with the services re uested in this contract. o Disapproved Signature Date Printed Name 3 Phone Number REVISED LINE ITEM BUDGET Attach a revised line-item budget. All pages of the revised budget must include the contract and BTR number. If 5ubse uent fiscal ear bud ets are affected, one must be com leted for each ear. DISTRIBUTION: [ ] Program I Contractor [] OBS, Contract Analyst [] Accounting (original) , (Rev. October 20, 2006) M - 0 ~- ., "S " Z:= '" .. -CD 0.. 0" - <(~ - 0 ':0 ~ '" :200 0:: '" .. Z 0> Z w 0:: lJ~ 't w 0 ::lE .... ,; m 0 J: m ~ '" ., ~ '" .... .... <( 0:: w ....0:: ... a.... 0.. ~ m ::lE ., <( Ul ., 0:: - '" ....0:: 't a.... 0 ~ m 0 c '" CO< '" '" 0:: ....0:: a.... . m - tit - III ,,- :J 111 t.,.. 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California De artment of Corrections and Rehabilitation COCR OMSION OR PROGRAM (MANAGING CONTRACT) DATE SUBMITTED (from Contractor) FROM: (CONTRACTOR'S OFFICIAl NAME AS WRITTEN ON CONTRACT) PREPARED BY (PLEASE PRINT NAME LEGIBLY TELEPHONE NUMBER MAILING ADDRESS MAILING ADDRESS CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE ATTENTION: (PROJECT/PROGRAM MANAGER)1 PHONE NUMBER CONTRACT #I AMENDMENT #/BTR 1# FISCAL YEAR(S) PLEASE PRINT NAME LEGJBL BUDGET TRANSFER REQUEST (BTR) PROCESS A Budget Transfer Request (BTR) is an informal document used by the Contractor to indicate allowable budget transfers of existing project funds without the need to process a formal amendment The BTR is only used when there is no increase in the total funding level. The BTR enables the Contractor to adjust the line item budget to refiect actual expenditures. The Contractor shall submit a BTR to the CDCR Program Manager reflecting budget transfer costs of existina oroiect funds, provide justification/documentation for each budget transfer, and submit a revised budget for the affected fiscal years. The justification/documentation must accompany the BTR and be signed by the Contractor's Director. Budget Transfer Requests must be approved by the Section Chief of the program administering the contract. CDCR Program Managers must submit a copy of all approved BTRs, along with a revised budget, to the CDCR Accounting Office and OBS. The Accounting Office will not pay invoices exceeding the budgeted category amounts until an approved BTR and revised budget have been received from the CDCR Program Manager. The Accounting Office will only pay invoices for cale ories that are reflected in the current a roved line item bud et that have sufficient funds. TYPE OF BUDGET TRANSFER REQUEST (CHECK ONE OR MORE BOXES AS APPROPRIATE) Contractor indicates type of budget transfer request: THE FOLLOWING ACTIONS REQUIRE AN IMMEDIATE BTR AND PRIOR APPROVAL FROM CDCR'S SECTION CHIEF OF THE PROGRAM: . adjusting budgeted cosls across the established budget categories greater than 15% of original total for that category. ; e.g., operating costs; subcontractor/consultant costs, etc., but excluding Personnel category.) . addition of new line item(s) in anyone of the budget categories. . benefit increases for the following documented circumstances onlv: 1) increase in employee health care or workers' compensation costs; 2) increase in social security or unemployment insurance costs; or 3) increase in employee payroll taxes. Documentation showing proof of increased costs musl be provided (Le., tax documents, invoices, etc.); . addition of new budgeted positions that do not have a significant impact on contracted services or contract deliverables and do not require duties and/or qualifications to be identified in the scope of the project; . increase in a budgeted position's time base (e.g., from 50% to 75%, etc.). Prior written approval for any type of transfer or change not identified above must be requested from the Deputy Director or Assistant Director of the Program. If the request is approved, the Contractor will be given notification to process a BTR or amendment for the requested transfer or change. SECTION CHIEF OF PROGRAM APPROVAUCERTIFICATION o Approved I hereby certify that this BTR is in compliance with Line Item Budget Guide policies and that the transfer of funds is consistent with the services re uested in this contract. o Disapproved Signature Date Printed Name Phone Number REVISED LINE ITEM BUDGET A~ach a revised line-item budget. All pages of the revised budget must include the contract and BTR number. If subse uent fiscal ear bud ets are affected, one must be com leted for each ear. DISTRIBUTION: [ ] Program I Contractor [] OBS, Contract Analyst [] Accounting (original) ~ -r; ~ -~~ ~Oci )( Z W Q: ?- m - In "- " " ~ g.g'~ I a::::IGJo "'OOON of _ ~-I In C" -"-0 l!H~ -2!U)ro G ::1_ GJ m~"!!> "Ecii ::1_ C\J u ED C\J" en ~~0U: ~In" ~OQ: ..0 ,,- o o C ~ .. C ~ " m C .. 00 '0 1;- (3 ;; E .. Z In eJ C o o ~:I CI> 0 zl- ~Q: 01- = m .. ~Q: 01- ~ m M Q: I-Q: 01- ~ m c '" Q:Q: dl- - m . ~ ii_ .: :I OlO "i: I- o . 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(COST REIMBURSEMENT BUDGETS) TO: PREPARED BY (NAME) TELEPHONE NUMBER California Deoartment of Corrections and Rehabilitation ( ) COCR DIVISION OR PROGRAM CONTRACTOR'S OFFICIAL NAME . MAILING ADDRESS MAILING ADDRESS CITY. STATE. ZIP CODE CITY, STATE, ZIP CODe ATTENTION CONTRACT NUMBER AMENDMENT NUMBER HEADQUARTERS ACCOUNTING SERVICES SECTION In accordance with the above-referenced contract, payment is requested for satisfactory services provided AMOUNT DUE in the MONTH of ,20 $ PROJECT YEAR TO DATE CURRENT BALANCE PERSONNEL COSTS (anach addhional sheels ff necessary) BUDGET EXPENDITURES MONTH AVAILABLE STAFF POSITIONS & BUDGETED MONTHLY SALARIES (EXCLUDE CURRENT EXPENDITURES Emplovee's NAME. Position TITLE and TIME Base f% or Hours} MONTH) $ $ $ $ $ $ TOTAL STAFF SALARY = $ $ STAFF BENEFITS % of Total Staff Salaries as stated in the budget $ $ TOTAL PERSONNEL COSTS = $ $ SUB-CONTRACTORS/CONSULTANTS COSTS I $ $ OPERATING COSTS (anach addiNonal shee's ff necessary) e *Travel $' $ Facility Lease/Rent $ $ Maintenance/Repair $ $ Communications $ $ Utilities $ $ Insurance $ $ Supplies/Expendable Equipment $ $ Non-Expendable Equipment (per Exhibn AA) $ $ line Item Additions: $ $ $ $ $ $ TOTAL OPERATING COSTS = $ $ INDIRECT COSTS % of $ $ $ PROFIT or SERVICE FEE % 01$ $ $ TOTAL COSTS = $ $ FOR ACCOUNTING OFFICE USE ONLY LESS ADVANCE PAYMENT (if applicable, advance $ oavment must be deducted as set forth in the contract) - AMOUNT OF PAYMENT DUE (must match "Amount Due" above) $ The undersi ned certi ,b review and verification of the attached documentation, satisfad service has been ovided in accordance with the above-rel'erenced contract. SIGNATURE AND PRINTED NAME OF CONTRACTOR'S FISCAL OFFICER DATE SIGNED SIGNATURE AND PRINTED NAME OF COCR PROGRAM MANAGER TITLE DATE SIGNED . SUPpORTING DOCUMENTATION REQUIRED WITH SUBMITTAL OF MONTHLY INVOICE , [ ] CHECK THIS BOX ON THE LAST MONTHLY INVOICE OF THE QUARTER WHEN THERE HAS BEEN NO MOVEMENT 'OF FUNDS FOR THE QUARTER, MONTHLY INVOICE FOR CONTRACT EXPENDITURES (COST REIMBURSEMENT BUDGETS) INSTRUCTIONS CONTRACTOR COMPLETES: INVOICE NUMBER: Enter an invoice number (for tracking purposes). a TO~ Enter the COeR Division or Program administering the contract. Mail to the address identified in the contract's General Terms and Conditions. .. Attention: Accounting Department. PREPARED BY: Enter the name and telephone number of the individual responsible for preparing the monthly invoice. Individual identified will selVe as the contact person and should be able to answer questions regarding the monthly invoice. CONTRACTOR'S OFFICIAL NAME AND MAILING ADDRESS: Enter the business name and mailing address as stated on the contract documents. If mailing address changes during the course of the contract. Contractor will be responsible for notifying CDeR of the new address. CONTRACT NUMBER AND AMENDMENT NUMBER: Note on each monthly invoice submitted. WHEN SERVICES PROVIDED AND AMOUNT DUE: Identify the month, year and the amount of payment due. ,PrQ'et:FBuCf . at c o~ fs For the following budgeted costs, do not send supporting documentation with the monthly invoice, but retain files in the Contractor's headquarters office based in California or at the program service location where services are being provided. EXCEPTION: Required to submit supporting documentation for "Travel Costs" and" Sub.Contractors/Consultant Costs." PERSONNEL COSTS: List the name, position title, time base percentage (or hours worked). Each approved position must be listed whether staffed or vacant. To justify the use of salary savings, the Contractor must obtain prior approval through the Budget Transfer Request process. Monthly invoice for salary costs of vacant positions cannot be reimbursed, or claimed for personnel services not rendered during the vacancy period. STAFF BENEFITS: Enter the percentage of Total Staff Salaries as stated in the budget. If a percentage range was established (due to some staff benefit premiums being paid on a quarterly or annual basis), the monthly amount paid can not exceed the established high range. SUB..cONTRACTORlCONSULTANT COSTS: Enter the associated costs. Submit supporting documentation for all expense reimbursements of associated costs claimed with the monthly invoice and retain a copy at the Contractor's headquarters or at the program service location where services are being provided for audit purposes. OPERATING COSTS: TRAVEL. Enter the costs directly related to travel for the project. Travel costs must be supported by travel expense vouchers, purpose of travel. location (to and from destinations), dates, time of travel, rates claimed, mileage and any applicable receipts. Submit supporting documentation for travel costs claimed with the monthly invoices and retain a copy at the Contractor's headquarters or at the program service location where services are being provided for audit purposes. FACILITY LEASE/RENT. Enter the monthly lease/rent costs applicable to the occupied space for the project. If Contractor occupies space(s) which e will only be partially used by the COCR project, the allowable space costs must be based on the percentage of space used for the project. If the facility is owned by the Contractor, the Contractor may be compensated for the use of buildings through depreciation and current interest expense related to the purchase of the facility. The computation of depreciation will be based on total facility acquisition cost. less land cost. Adequate property records must be maintained and a straight line method of computing depreciation must be used, in accordance with Internal Revenue Code The method of computing depreciation must be consistently applied. MAINTENANCE/REPAIR - Enter the costs that reflect expenses for the upkeep of the facility and/or the repair of non-expendable equipment. COMMUNICATIONS. Enter the costs associated for the operation of the program. Costs include, but are not limited to, telephone service, postage costs and messenger service. UTILITIES. Enter the costs associated for the operation of the program. Costs include, but are not limited to, gas, electricity, water and trash collection. INSURANCE. Enter the costs associated in maintaining insurance coverage for the operation of the program. SUPPLIES/EXPENDABLE EQUIPMENT. Enter the purchase price of office supplies and/or expendable equipment (acquisition cost of less than $5000 per unit) necessary to meet the program's required services. NON.EXPENDABLE EQUIPMENT - Enter the costs as indicated in the approved budget for the method of charge (rent/lease or depreciation). LINE ITEM ADDITIONS. Enter those costs deemed necessary to provide contracted services as indicated in the approved budget. INDIRECT COSTS _ Will be allowed to the extent specified in the approved contract budget. Enter the associated costs and list the indirect cost rate (percentage of costs) which is based on the annual direct expenses. PROFIT or SERVICE FEE. Will be allowed to the extent specified in the approved contract budget. Enter the profit or service fee rate (percentage of costs), which is based on the cost of operating the program, exclusive of indirect costs. Enter the associated total costs. FISCAL OFFICER'S SIGNATURE. Contractor's fiscal officer must review and certify with their signature that expenditures claimed are in accordance with the provisions identified in the contract budget. Fiscal officer must print and sign their name and date each monthly invoice. Send the signed original and two (2) copies to accounting. IF NO BUDGET CHANGES OCCURRED DURING THE QUARTER - If there were no movement of funds during the quarter, including amendments, the Contractor will indicate this on their last monthly invoice for that quarter by checking the box at the bottom of the invoice. If there were movement of funds, leave blank. (Check only for last monthly invoice of the quarter). CDCR STAFF COMPLETES: The CDCR Program Manager or their authorized designee must review Contractor's monthly invoice and certify with their signature that based upon their review and verification of the attached documentation, satisfactory service as been provided in accordance e with the provisions of the contract budget. Individual authorizing the payment of the monthly invoices must sign, enter their titie.and date of signature. Forward to accounting the approved invoice and retain support documentation for your project records. The COCR Accounting Office will pay invoices based-on monies available in the overall category and not by line item amount. 1- e e e CITY OF SAN BERNARDINO Budget Proposal Agreement Number C06.436 Exhibit B-2 FISCAL YEAR 2006/2007 (February 1, 2007 - June 30, 2007) %of A. PERSONNEL' No. of Monthly Project No. of Positions Salarv Time Months Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Staff Salaries $ Total Staff Benefits ( 30-35 % of Total Staff Salariesl $ TOTAL PERSONNEL COSTS (A) $0 B. SUB_CONTRACTORS/CONSULTANTS COSTS (list firms and costs) Case Management $ 15,000 Academic research and production $ 10,000 Coordination of materials and resources $ 6,250 $ $ TOTAL SUB_CONTRACTORS/CONSULTANTS COSTS IBI $ 31,250 C. OPERATING COSTS Facility Lease/Rent $ Maintenance/Repair $ Communications $ Utilities $ Insurance $ Food $ 1,000 Supplies/Expendable Equipment $ 1,083 Non-Expendable Equipment $ Transportation $ 4,167 Line Item Additions: $ Case Manaaement Coordination $ $ $ TOTAL OPERATING COSTS IC) $ 6,250 SUBTOTAL ANNUAL DIRECT EXPENSES (A+B+C) $ 37,500 D. TOTAL INDIRECT COSTS $ 4,167 $ TOTAL BUDGET FOR FISCAL YEAR (2006/2007 ) (A+B+C+D) $41,667.00 CITY OF SAN BERNARDINO Budget Proposal Agreement Number C06.436 Exhibit B-2 e FISCAL YEAR 2007/2008 . (July 1, 2007 - June 30, 2008) e %of A. PERSONNEL" No. of Monthly Project No. of Positions Salary Time Months Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Staff Salaries $ Total Staff Benefits ( 30-35 % of Total Staff Salaries) $ TOTAL PERSONNEL COSTS (A) $0 B. SUB-CONTRACTORS/CONSULTANTS COSTS (list firms and costs) Case Management $ 22,000 Academic research and production $ 8,000 Coordination of materials and resources $ 13,750 $ $ TOTAL SUB-CONTRACTORS/CONSULTANTS COSTS (BI $ 43,750 C. OPERATING COSTS Facility Lease/Rent $ Maintenance/Repair $ Communications $ Utilities $ Insurance $ Food $ 1,500 Supplies/Expendable Equipment $ 1,417 Non-Expendable Equipment $ Transportation $ 5,833 Line Item Additions: $ Case Management Coordination $ - $ $ TOTAL OPERATING COSTS (CI $ 8,750 SUBTOTAL ANNUAL DIRECT EXPENSES TA+B+CI $52,500 D. TOTAL INDIRECT COSTS $5,833 $ TOTAL BUDGET FOR FISCAL YEAR (2006/2007I1A+B+C+DI $58,333.00 e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Agreement No. C06.436 Exhibit D -1. -2. _ Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of Exhibit C) As a condition precedent to Contractor's right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor's failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies. Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor's failure to diligently proceed shall constitute a material breach of the Agreement. . The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper. A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California. Confidentiality of Data All financial, statistical, personal, technical and other data and information relating to State's operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor's possession that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties. . No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) without prior written approval from the State. Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals. \ . LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets Monthly Invoices Monthly invoices for salary costs of vacant positions cannot be reimbursed, or claimed, for personnel services not rendered during the "vacancy period". tit Audit Finding If the use of salary savings is determined as an audit finding, the associated costs claimed will be disallowed. CDCR will recover costs claimed. I Duties Performed for a Vacant Position A vacant position's duties may be temporarily performed: . by an existinq position whose time base is currently less than 100% (e.g., time base of 75% increased to 100% and the existing position's budgeted amount would also increase by transferring costs from the vacant position); or . by allowing existing staff to work overtime; or e · by employing temporary help. I Salary Rate Increases Salary increases not included in the budget at the time of bid will only be allowed during the term of the contract under the following conditions: . the CDCR Program Manager increases contract responsibilities which in turn results in increased responsibilities of the established budgeted positions; or . the Contractor increases the responsibilities of a budgeted position; or . the project is legislatively approved for cost of living adjustments; or . Contractor experiences documented recruitment or retention problems. Salary increases over 15% of the high range, other than those included in the budget at the time of bid, must have prior amendment approval before making commitments to staff. e Page 19 of 20 e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets I Budgeted Positions . An employee's percentage of time worked may increase (e.g., from 75% to 100%) when performing additional duties. . The number of established budgeted positions may increase (e.g., from 3.5 to 5 full time employee positions) due to an increase in the quantity of services. I New Budget Line Items . New positions, excluding temporary help, may be added to a project budget during the contract amendment process due to a change in the scope of work. A new position's salary range, percentage of time and number of months must be shown on the project budget. Example: Position at 100% time for 7 months with a monthly salary range of $1,800 - $2,000. A new position's salary range must be in line with the established salaries identified in the project budget. . Additional budget line items and associated costs may be added by an amendment to reflect the actual increased costs associated with providing services. . Contractor is allowed to add new line items by utilizing existing fund within each FY budget with out the need to process an amendment. Monthly Invoices Cost Reimbursement Budget - The Contractor may use the COCR's monthly invoice form entitled "Monthly Invoice for Contract Expenditures" or may develop a similar monthly invoice form. If a Contractor elects to develop their own monthly invoice, the monthly invoice must include the same data information and associated costs as indicated on COCR's monthly invoice. The COCR Accounting Office will pay invoices based on monies available in the overall category and not by line item amount. The Line Item Budget Guide includes a copy of COCR's monthly invoice for a cost reimbursement budget, including instructions for completion. Page 20 of 20 Sample Project Budget Proposal ATTACHMENT 1 e CONTRACTOR: California Department of Corrections and Rehabilitation (COCR) BUDGET PROPOSAL 2007/2008 July 1, 2007 through June 30, 2008 A;;\~~~~'" Proaram Director/Center Manaaer SupeNslna Counselor Joumey Lewl Counselor Entry Le\E:1 Counselor Job Dewloper Secretarv/Admin. Ass\. ~ months months months months months months months months months months exhibit B.2 '.~~J~~;:ljL~ ~.:::;;1: . "/! t :.; .k Tim.. r:; :u~.;;;~!;.7! > , ..' . '" TEMPORARY HELP OVERTIME Various Various N1A N/A Various Various e $ $ $ $ $ I.:",.', ,',;,., U' ...... ',,;.,.. ,',:.,' 'TO,.AL'SUB-CON1Ri1C1:i:l~(<;Q"'SULTAlfrC.OSTS'(aJ. $ C. OPERATING COSTS Facility Lease/Rent $ Food Costs $ Communications $ Utilities $ Trawl $ Training $ Insurance $ Ollice, Program & Household Supplies $ Non-Expendable Equipment (per Exhibit B3) $ Client Needs $ Line Item Additions: $ $ $ $ $ $ $ . .' .. . .' ... '. ' .' .TOTAL OPERATiNG COSTS (C). $ . {.. {t"..t.. ;.::i;0.......,,"'. . /' . ;.,. " ,;., :; '.SUBTPTAL'AN.~UAL'llfREQT.EXPENSES'(A+B+C)"; $ D. TOTAL INDIRECT COSTS of Subtotal Annual Direct Expenses $ E. PROFIT/SERVICE FEE of Subtotal Annual Direct Expenses $ )' " TOTAL BUDGET FOR FISCAL '!'EAIUOO7IOa' AtB~C+D<:E) . Page 1 e . . . .. . . . . " . e e e Contractors Name City of San Bernardino Exhibit AA C06.436 NON-EXPENDABLE EQUIPMENT List all types of non-expendable equipment to be utilized with this project. Budgeted costs for non-expendable equipment reflect payment made per month during the term of the contract. Attach additional sheets if necessary. 3 computers #56388 #32511 #70233 laserwriter (printer) #8390482 facsimile #4245 photocopier #1965912 .. .,.,..<_........,.-.' ;,',; .. :DI:PRECIAnotii ~". .,:!~g&i/:'~":;",;-~;",fi(;\:)}!~:,~;;Q~~?~'::.:: '~'::"'.'_;, .::,:,:;,,;~,,::,;-!.,:.,~;.. ;'-:_. r,:_:::'f:~~:':"_'. ........ "(if ~traightli~e:rriethQd 1$ riot u!>ect, ':. ;';.:._ ',',"; .'- '.,';:,,~.:: ,,', ~'o-i.: '".';!' :.; >.' >i:::_ ",J:>',,'" ':',_,';':_:._ ..,,' ,-.<:.,,;.. ,;.:: '.:"" ,: ;,;',0.. ,.;..:....: ':.. -', .. 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Attachment 1-C Page 1 of 4 e DIRECT AND INDIRECT COSTS INTRODUCTION In an organization with multiple programs and contracts, all costs can be divided into two different types: direct and indirect. Direct costs are those, which are clearly and easily attributable to a specific program. Adding up most of your direct costs is easy. If you have a child and family counseling program, for instance, the salaries and benefits paid to your counselors are direct expenses. No one will argue with that allocation decision. But what about rent and utility costs for the counseling office? If the space is used solely for counseling - not shared with another program - you probably have a good argument that these costs are direct expenses. You can calculate the square footage of the counseling offices, divide that number by the total square footage of all the office space needed by your organization - space used by management, accounting and other programs - and get a percentage of your total rent and utility costs that can be allocated to the direct cost of the counseling program. e But if the space is shared with other programs or used for other functions some of the time, a straight percentage may not be possible to derive. SO WHAT ARE INDIRECT COSTS? Sometimes called overhead, indirect expenses are general costs that cannot be easily assigned or allocated to a program based on some formula or timekeeping effort. Simply put, if you add up all the expenses that can be directly attributed to programs and subtract that figure from your total expenses, what you have left over are your indirect expenses. If the organization provides only one program, it's a simple matter. All your indirect costs will be allocated to that program. But if you provide more than one service, you'll need to determine how to assign indirect expenses to each program. In other words, you'll need to calculate your indirect cost rate. HOW DO I CALCULATE AN INDIRECT COST RATE? e The indirect cost rate is calculated by adding up your total direct program costs and dividing that figure by your total organization's direct costs. Multiply this figure against total indirect costs to arrive at the program's share of indirect costs. e Attachment 1-C Page 2 of 4 Another way to illustrate this is through the following algebraic formula (Direct Program Costsffotal Organizational Direct Costs X Total Indirect Costs = Program's Share of Indirect Costs). There are several measures used to determine the proportion of indirect costs to allocate/charge/apply to each program. Two of the more familiar and generally accepted methods for developing the cost allocation are: 1. The ratio of the program's or contract's total direct costs to the contractor's organization-wide total direct costs (Total Direct Proaram Costsffotal Direct Oroanizational Costs X 100 = Percentage of Indirect Costs to Allocate to the Program). 2. The ratio of the program's or contract's direct charged salaries and wages to the Contractor's organization-wide salaries and wages, excluding the administrative salaries and wages (Total Direct Proaram Salaries and Wagesffotal Direct Oroanizational Salaries and Wages X 100 = Percentage of Indirect Costs to Allocate to the Program). This can be best explained through an example of an Indirect Cost Allocation Plan submitted by a contractor with multiple programs (refer to Attachment 1-C). e The contractor may develop an allocation plan based on another operational or statistical basis. However, the method must be approved by the California Department of Corrections and Rehabilitation (CDCR), Policy and Evaluation Division (PED), Fiscal and Business Management Audits Unit (FBMAU). WHY IS THIS IMPORTANT? It is to the contractor's advantage, of course, to allocate every expense possible as a direct program cost. Although indirect costs are necessary and unavoidable, many contractors are reluctant to include indirect costs in their budget cost allocation plans. At all times, the contractor must be able to explain their rationale for assigning any indirect expenses to a program or contract. FEDERAL INDIRECT COST Bidder's that have established indirect cost rates with the Federal Government, may use their approved Federal CAP for State purposes. However, the State may disallow items that are allowable under their Federal plan. e e e e Attachment 1-C Page 3 of 4 EXPLANATION OF ATTACHMENT 1-C SAMPLE INDIRECT COST ALLOCATION PLAN FOR MULTIPLE PROGRAMS In this example, the contractor has contracts with five separate programs. The contractor operates two state programs, one of which are the COCR contract, two county programs and a federal program. $10,000,000 in direct costs can be directly attributed to the five programs. An additional $800,000 of direct costs can not be directly attributed to any specific program; however, the costs are necessary for the general operation and activities of the organization. In other words, $800,000 of direct costs are indirectly related to the operation of the five programs; hence, the term "indirect costs." How should the $800,000 be allocated? One generally accepted method for allocating indirect costs is to determine the ratio of the programs or contract's total direct costs to the contractor's organization-wide total of direct costs. The $800,000 would be allocated as follows for the 5 programs: 1. COCR Contract: 2. State Program 3. County Program 4. County Program 5. Federal Program Totals (1,600,000/10,000,000 * $800,000) = (.16 * $800,000) = $128,000 (1,800,000/10,000,000 * $800,000) = (.18 * $800,000) = $144,000 (2,000,000/10,000,000 * $800,000) = (.20 * $800,000) = $160,000 (2,400,000/10,000,000 * $800,000) = (.24 * $800,000) = $192,000 (2.200.000/10,000,000 * $800,000) = (.22 * $800,000) = $176.000 $10000000 100% $800 000 The above example shows the COCR contract being charged $128,000 (16 percent) of the total $800,000 in indirect costs, based upon the direct cost allocation method. The contractor may develop an indirect cost allocation plan based upon another operational or statistical basis. Another common method for developing the indirect cost allocation ratio is to take the ratio of the programs or contract's direct salaries and wages to the contractors total direct organization wide salaries and wages. Total direct salaries and wages for the five programs equals $5,000,000. The $800,000 of indirect costs would be allocated as follows for the 5 programs using the direct salaries and wages allocation method: 1. COCR Contract: 2. State Program 3. County Program 4. County Program 5. Federal Program Totals ( 900,000/5,000,000 * $800,000) = (.18 * $800,000) = $144,000 ( 950,000/5,000,000 * $800,000) = (.19 * $800,000) = $152,000 (1,000,000/5,000,000 * $800,000) = (.20 * $800,000) = $160,000 (1,100,000/5,000,000 * $800,000) = (.22 * $800,000) = $176,000 (1.050.000/5,000,000 * $800,000) = ell * $800,000) = $168.000 $5 000 000 100% $800 000 The above example shows the COCR contract being charged $144,000 (18 percent) of the total $800,000 in indirect costs, based upon the direct salaries and wages allocation method. " I e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets Cost Allocation Plan: The purpose of the Cost Allocation Plan (CAP) is to ensure that there is equitable distribution of indirect costs to all the Contractor's programs or operations. The associated expenses require the bidder to submit documentation, at bid time, in the form of a Cost Allocation Plan (CAP). The FBMAU will review the CAP for accuracy before a contract award is made and may audit the Contractor's CAP thereafter to determine whether the indirect cost rate is supported, whether charges to the indirect cost are allowable, and whether the method of allocation is acceptable (Le., based on total direct costs). If the indirect cost rate is determined to be inaccurate, the indirect cost rate will be recalculated to reflect the Contractor's supportable rate. In addition, previous payments made by the State in excesS of the supported indirect cost rate will be withheld from future payments to the Contractor or claimed during cost recovery in the close out audit. (Refer to Attachment 1-C, Sample Indirect Cost Allocation Plan Instructions and CAP.) 5. Profit or_Service Fee: A one time maximum profit or service fee of up to 5 percent (5%) of the cost of operating the program, exclusive of indirect costs, is allowed per FY. (For Office of Substance Abuse Program contracts, this would include the in- prison portion of the budget onlv.) Profit or Service fee costs will be added to the other proposed costs and become part of the total bid. If a budget amendment occurs due to an increase or decrease in fiscal year funding levels, the Contractor shall adjust the budgeted profit or service fee costs accordingly. At no time shall the profit or service fee percentage be greater than that of the original bid. Any unallowable costs from an audit may result in a recalculation of profit or service fee costs and recovery by CDCR of the difference. Allowable Indirect Costs The following costs are typically considered indirect. However, if these costs can be easily allocated to a final cost objective, they may be identified on the line item budget as a direct cost. A. Accounting: The cost of establishing and maintaining accounting and other information systems required for the management of contracted programs. This includes costs incurred by central service agencies for these purposes. B. Advertising: Advertising media includes newspapers, magazines, radio and television programs, direct mail, trade papers and the like. Allowable advertising costs are those, which are solely for: . Recruitment of personnel required for the contracted program. . Solicitation of bids for the procurement of required goods and services. . Other purposes specifically provided for in the contract. C. Audit Service: The cost of audits necessary for the administration and management of functions related to contracted program. D. Bonding: The cost of fidelity, surety and performance bond premiums. E. Budgeting: Costs incurred for the development, preparation, presentation and execution of budgets. Page 8 of 20 e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets F. Central Stores: The cost of maintaining and operating a central stores organization for supplies and materials used either directly or indirectly for contracted programs. G. Disbursing Service: The cost of disbursing contract program funds by the Contractor's treasurer or other designated officer. Disbursing services cover the processing of checks or warrants from necessary records of accountability and reconciliation of such records with related cash accounts. H. Electronic Data Processing: The cost of data processing services to contracted program. I. Employee Morale, Health and Welfare Costs: The cost of health or first aid clinics and/or infirmaries, recreational facilities, employees' counseling services, employee information publications and any related expenses incurred in accordance with general State policy. Income generated from any of the.se activitieswilVbe offset against expenses. J. Legal Expenses (Contract Administration): The cost of legal expenses required in the administration of contract programs. NOTE: Three (3) bids are not required for legal services. K. Management Studies: The cost of management studies to improve the effectiveness and efficiency of management for ongoing programs subject to such prior authorization as may be required by the State. L. Meetings and Conferences: Costs when the primary purpose of the meeting is the dissemination of technical information relating to the contract program and are consistent with regular practices followed for the other activities of the Contractor. M. Memberships, Subscriptions and Professional Activities: The cost of membership in civic, business, technical and professional organizations provided the: (a) benefit from the membership is related to the contract program; (b) expenditure is for Contractor's membership; (c) cost of the membership is reasonably related to the value of the services or benefits received; (d) expenditure is not for the membership in an organization which devotes a substantial part of its activities to influencing legislation; and (e) single membership cost does not exceed $100.00. N. Payroll Preparation: The cost of preparing payrolls and maintaining necessary related wage records. O. Permits: Licenses, permits and local government use fees are allowable. P. Personnel Administration: Costs for the recruitment, examination, certification, classification, training, establishment of pay standards and related activities for contract programs. Page 9 of 20 . . e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets Q. Printing and Reproduction: Costs for printing and reproduction services necessary for program administration. including, but not limited to: forms,reports, manuals, information literature and such services which are in support of COCR's contracted program. R. Procurement Service: The cost of procurement services including solicitation of bids, preparation and award of contracts and all phases of contract administration in providing goods and services for contract programs. S. Taxes: In general, taxes or payment in lieu of taxes which the Contractor is legally required to pay are allowable. In lieu taxes only relate to contracts with other governmental entities and then only if the governmental entity can show documentation (law or resolution) legally entitling the collection of in lieu tax. In lieu taxes do not apply to private profit and nonprofit organizations. Payment of any type of income tax (federal, State or local) is not allowable. T. Transportation: Costs incurred for freight, cartage, express, postage and other transportation costs relating either to goods purchased, delivered or moved from one location to another. When such allowable transportation costs occur in moving items from one of the Contractor's COCR contracted facilities to another, the cost shall be charged against the receiving facility's contract. U. Central Management Staff: Costs associated for central management staff that are necessary andlor related to their management or corporation. Unallowable Costs The following are unallowable costs that cannot be considered in the Budget Proposal: A. Bad Debts - Any losses arising from uncollectable accounts and related costs. B. Contributions, Donations and Fundraisers Contributions, Donations, and fund raisers, including any interest earned from fundraising, are allowable in nonprofit programs however, they are not allowable if they supplant program costs. C. Entertainment - Costs of amusements, social activities and incidental such as meals, beverages, lodgings, rentals, transportation and gratuities are not allowable, unless such activity is specifically required as part of the project scope. O. Fines and Penalties - Costs resulting from violations of or failure to comply with Federal, State and local laws and regulations. E. Capital Expenditures - The construction, remodel, renovation, alteration, improvement or repair costs of privately-owned property which would enhance the value of such property to the benefit of the owner unless requested by the State. Page 10 of 20 e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets F. Legal Expenses (Claims Against the State) - The cost of legal expenses for the prosecution of claims against the State. G. Legislative Lobbying Costs - Costs associated with lobbying activities. H. Bonus/Gift - Costs associated with bonuses and/or other gifts. DISCLAIMER The California Department of Corrections and Rehabilitation acknowledges that there may be other allowable and unallowable project costs which are not listed in the Line Item Budget Guide. All associated project costs incurred and claimed are subject to a fiscal audit. I Fiscal Audits CDCR or any duly authorized representative shall have access and the right to examine, audit, review, excerpt and transcribe any books, documents, papers or records of the Contractor and/or sub-contractor which in the opinion of the State may be related or pertinent to this agreement. Such material for each year of the contract must be retained for a period of three years after the termination of the contract or until an audit is completed by the State and all questions arising there from are resolved. An exception to the three-year status is when a contract audit is in dispute or litigation. In those instances, the time records are to be retained is extended. Audits and reviews may be conducted at any time during the performance of the contract or during the three years following the completion of the contracting period. Actual costs incurred by the Contractor for expenses should be substantiated with appropriate source documentation. It is the Contractors responsibility to ensure that all expenditures claimed, including all subcontractor expenditures, are allowable costs associated in performing the contracted services as specified in the UBG. If expenditures are found to be unallowable, the Contractor's/subcontractors reimbursements may be recalculated and adjusted accordingly. Noncompliance with financial management guidelines set forth herein, may result in a disallowance of reported costs. A misappropriation of funds shall result in a disallowance of costs. If the Contractor/subcontractor received payments that are determined to be unallowable, in addition to any other remedies the State may have, the State may withhold payments from the Contractor to recover these costs. In addition to any other remedies the State may have, the State reserves the option to collect any unallowable costs from the Contractor in monthly installments. If disallowed or questionable costs are found, a draft report will be issued to the Contractor for review and comment. The Contractor will have 30 days to submit written comments and/or supply additional source documentation to the State for consideration in preparing the final report. The parties hereto mutually agree that the resolution of Page 11 of 20 . e tit tit LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets any issues pertaining to audits shall be resolved pursuant to Section 22090.7 of COCR's Operations Manual. SAMPLE Project Budget Proposal Attached is a SAMPLE Project Budget Proposal (SAMPLE - Attachment 1) which displays some of the allowable costs for a cost reimbursement budget. The project budget proposal displays five (5) separate budget categories (A, B, C, 0 and E) and indicates the line items within the budget category as shown below. The COCR Accounting Office will pay invoices based on monies available in the overall category and not by line item amount. A. Total Personnel Costs Total Staff Salaries Total Staff Benefits B. Sub-Contractors/Consultants Costs (identified by Bidder) C. Total Operating Costs 11 Travel Facility Lease/Rent Maintenance/Repair Communications Utilities Insurance Supplies/Expendable Equipment Non-Expendable Equipment (per Exhibit AA) Household Supplies Food Costs Linen Services Interest Line Item Additions D. Total Indirect Costs E. Profit or Service Fee 11 C. Total Operating Costs Any other associated operating cost applicable to the project is an allowable cost and may be added to the budget proposal as an additional expenditure under Total Operating Costs budget category. Refer to paragraph entitled "Actual and Allowable Costs", Paragraph 3, Operating Costs, subparagraph "n", Line Item Additions Page 12 of 20 e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets I Establishing Monthly Salary Rates A bidder may need to establish different monthly salary rates for personnel positions for a multi-year contract to reflect salary increases for the second and third fiscal year (FY) of the contract, as indicated below: Monthly Salary Rates: $2510 (1st FY) $2625 (2nd FY) $2756 (3rd FY) Considerations for a monthly salary increase should include: Ii cost of living adjustments (COLAs) tijI merit salary adjustments Ii anniversary increase Establishing a "Monthly Salary Range" A bidder may establish a monthly salary range for: Ii a single staff position iIlI multiple staff positions (with the same position title) By establishing a monthly salary range, this allows personnel to have varying monthly salaries and the established rates shall be inclusive of any salary increases during a fiscal year. For a multi-year contract, a bidder may also establish different monthly salary ranges for each fiscal year. Establishing salary ranges will allow the Contractor to make salary adjustments within the established ranqe during the contract term to accommodate unexpected personnel changes. The range must be realistic and conform to industry standards for each position. The following displays a "Monthly Salary Range" by FY: Simile Staff Position Supervising Caseworker $3125 - $3280 (1st FY) $3280 - $3445 (2nd FY) $3445 - $3615 i3rd Fyi Multiple Staff Positions 23 Caseworkers $2550 - $2675 (1st FY) $2675 . $2800 (2nd FY) $2800 - $2940 i3rd Fyi Page 13 of 20 . e e e, LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets Invoicing for a Position's Budgeted Monthly Salary Monthly salary increases over 15% of the high range, must have prior amendment approval before making commitment to staff. Position's Time Base (Project Time indicated by % or Hours) The CDCR Program Manager may determine a position's time. base when developing a project budget proposal requirements for a competitive bid or may allow a bidder to indicate a position's time base. A position's time base is the project time (indicated by a % or hours) associated in performing contracted services. Project Time by a Percentage Range for Multiple Staff Positions: The percentage of project time may be established by a bidder as a percentage range for multiple staff positions (as shown below) and the percentage range would indicate that one or more staff positions are providing services at a less than full-time basis: 8 Counselors: $2450-$2575 monthly salary @ 50%-100% = $219,150 budget amount To compute the budgeted amount for the 8 Counselors, each position's monthly salary rate and time base vary for the FY: 1 @ $2450 @ 50% = $14,700 1 @ $2450 @ 75% = $22,050 2 @ $2450 @ 100% = $58,800 4 @ $2575 @ 100% = $123,600 A bidder would not need to display this application on the project budget proposal. However for invoicing purposes, the monthly salary paid to each staff person cannot be more than the established monthly salary rates and time base. Project Time by Hours: A bidder may indicate a position's project time base by the "number of hours" dedicated to the project during a fiscal year, however, this application would require the position's salary to be indicated as a "hourly salary rate" in order to compute the position's budgeted amount, as shown below: Supervising Counselor: $18.50 hourly rate @ 2016 total hours = $37,296 For multiple staff positions, the hourly rate may also be established as an hourly range, for example, 8 Counselors @ $15.50 - $17.25 hourly rate @ 11,400 total hours = budget amount (budget amount is based on each position's hourly rate and the number of hours projected for the project). Page 14 of 20 ~ e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets Invoicing for a Position's Budgeted Hourly Rate Hourly rate increases over 15% of the high range, must have prior amendment approval before making commitment to staff. Personnel Positions COCR Program Manager determines the "key staff" positions for a project budget proposal. Personnel positions identified in the project budget proposal are direct costs associated in performing the services required in the scope of the project. A bidder may identify other staff positions necessary to fulfill the requirements of the contract. Temporary Help and Overtime Displayed: A bidder may include separate position lines for temporary help and overtime as displayed below and also on the SAMPLE Project Budget Proposal (refer to Attachment 1). Please note that the budgeted salary and project time base may be indicated as "various" since these are unknown factors during the development of a project budget proposal. Overtime may reflect any of the personnel positions listed. %of A. PERSONNEL No. of Monthly Project No. of Positions Salary Time Months Overtime N/A Various Various N/A Temoorarv HelD N/A Various Various N/A Costs Displayed for Budget Categories and Line Items . Budget category budgeted amounts must be displayed in "dollars". . Monthly salary rates must be displayed in "dollars". . Hourly rates may be displayed in dollars and cents. If hourly rates are displayed, the project time base must indicate the total "number of hours" (not indicated by percentage of time) for the fiscal year for calculation purposes. Example: Position @ $25.75 hourly @ 1920 hours = $49,440 budget amount. . Non-expendable equipment items must be listed and the method of charge identified as indicated on the SAMPLE Project Budget Proposal (Attachment 1, Exhibit AA). Page 15 of 20 . LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets Guidance to Contractors Budget Amendment Guidelines Budget Transfer Requests The following pages provide guidance to Contractors in the areas of: . definition of an amendment . when a formal amendment is required . budget transfer request process . use of salary savings . duties performed for a vacant position . salary rate increases . budgeted positions . new budget line items . monthly invoice for contract expenditures . Two Amended Project Budgets for FY 02/03 Refer to SAMPLES: Attachment 1-A (first budget amendment) Attachment 1-B (second budget amendment) e IAmendment Defined An amendment is a formal modification to an executed contract. e I Amendment Required An amendment is required for any ~ of the following changes to an executed contract: . change in the scope of work; . change in contract term; . increase or decrease in total funding for anyone fiscal year; . Salary increases over 15% of the budgeted high salary range; . Increase in the total Personnel category greater than 15%; . addition of new budgeted positions that have a significant impact on contracted services or contract deliverables and require duties and/or qualifications to be identified in the scope of the project; . change in budgeted positions duties or qualifications (if duties are, or should be, identified in the scope of the project). e Page 16 of 20 ~---- e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets I Budget Transfer Requests A Budget Transfer Request (BTR) is an informal document used by the Contractor to indicate budget transfer costs of existinq project funds without the need to process a formal amendment. The BTR is only used when there is no increase in the funding level or no change in the scope of the project. The BTR enables the Contractor to adjust the line item budget to reflect actual expenditures. The Line Item Budget Guide includes a copy of the BTR form and instructions for completing the form (Attachment 1-0, 3 pages). Additional copies may be requested from the COCR Program Manager. The following identifies the types of budget transfers that are allowable under the BTR process. If necessary, allowable transfers may be accomplished by transferring funds across the established categories. Transfers either within or across categories, and up to 15% of original bid per fiscal year, will be allowed each fiscal year without submitting an immediate BTR. For audit purposes, the Contractor shall maintain documentation. Each fiscal year, at the end of each quarter, the Contractor will reconcile their budgets with COCR. The 15% is cumulative for each fiscal year budget. All transfers, which exceed 15%, excluding personnel, must be documented on the BTR form and must be approved by the COCR Section Chief of the Program. The COCR Accounting Office will pay invoices based on monies available in the overall category and not by line item amount. Transfers moving funds into the Indirect Cost category require a revised CAP showing the increased indirect cost rate. At no time shall funds be transferred into the Profit or Service Fee category if it exceeds the fee percentage established at bid time. THE FOLLOWING ACTIONS REQUIRE AN IMMEDIATE BTR AND PRIOR APPROVAL FROM COCR'S SECTION CHIEF OF THE PROGRAM: . adjusting budgeted costs across the established budget categories greater than 15% of original total for that category. (e.g., operating costs; subcontractor/consultant costs, etc., but excluding Personnel category). . addition of new line item(s) in anyone of the budget categories. . benefit increases for the following documented circumstances onlv: 1) increase in employee health care or workers' compensation costs; 2) increase in social security or unemployment insurance costs; or 3) increase in employee payroll taxes. Documentation showing proof of increased costs must be provided (Le., tax documents, invoices, etc.); . addition of new budgeted positions that do not have a significant impact on contracted services or contract deliverables and do not require duties and/or qualifications to be identified in the scope of the project; . increase in a budgeted position's time base (e.g., from 50% to 75%, etc.). Page 17 of 20 e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets Prior written approval for any type of transfer or change not identified above must be requested from the Deputy Director or Assistant Director of the Program. If the request is approved, the Contractor will be given notification to process a BTR or amendment for the requested transfer or change. I BTR Approval Process Cost Reimbursement Budgets: The Contractor shall submit a BTR, once each quarter to reconcile any movement of funds, which did not require the submittal of an immediate BTR. Within 15 business days after the end of each quarter, the Contractor will submit their quarterly BTR to the Program Manager, reflecting budget transfer costs of existinQ proiect funds, provide justification and supporting documentation (if applicable) for each budget transfer, and submit a revised budget for the affected fiscal years. The justification/documentation memorandum must accompany the BTR and be signed by the Contractor's Director. All BTRs are subject to approval by the Section Chief of the program administering the contract. If no movement of funds occurred during any quarter, the Contractor will indicate this on their last monthly invoice for that quarter. Office of Business Services (OBS) and COCR's Accounting Office Process: COCR Program Managers must submit a copy of all approved BTRs, along with a revised budget, to the COCR Accounting Office and OBS. OBS will review all BTRs and revised budgets to ensure that they are in accordance with the guidelines. Any BTR approved that is determined inappropriate will be noted and directed to the Fiscal and Business Management Audits Unit (FBMAU) for audit exceptions. For any BTRs approved that should have been processed as a formal amendment, OBS will notify the COCR Accounting Office to stop payment until an amendment has been processed and approved. OBS will notify the COCR Program Manager of any BTR that has been forwarded to the FBMAU or when Accounting has been notified to stop payment. The Accounting Office will not pay invoices exceeding the budgeted category amounts until an approved BTR and revised budget have been received from the CDCR Program Manager. The Accounting Office will only pay invoices for categories that are reflected in the current approved line item budget that have sufficient funds. All BTRs and revised budgets will be maintained in the contract file. BTRs are effective for the entire fiscal year of request. BTRs for the last quarter of any given fiscal year, or upon term end of contract, must be received by CDCR's Accounting Office and OBS (after program review and approval) no later than 90 days after the fiscal year end. BTRs received after 90 days of the fiscal year end must be accompanied by a late justification memorandum approved by the Deputy Director or Assistant Director of the Program. I Use of Salary Savings Salary savings may be transferred from the personnel costs budget category or be utilized within personnel costs. Page 18 of 20 tit e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) BUDGET DETAIL AND PAYMENT PROVISIONS Agreement No. C06.436 Exhibit B responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to payor to enforce the payment of any moneys to any subcontractor. Payment to Subcontractors If the contractor should fail to reimburse the subcontractors upon payments compensated by the State which are consistent with the Line Item Budget Guide (L1BG) and specifications established under this Agreement and for the purpose of insuring the integrity and continuity of the program, CDCR reserves the right to assume any of the right or obligations granted the contractor hereunder for a period not to exceed sixty (60) days. In addition, notwithstanding any other provision to the contrary contained herein, CDCR also reserves the right to receive invoices directly from, and make payment directly to the subcontractor during the sixty (60) days in which CDCR has assumed the contractor's duties. 5. Advance Payment Advance Payment for Public Entities Pursuant to Government Code Section 6504, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty- five percent (25%) of the annual project budget for each fiscal year (FY). In order to receive such payment, the Contractor is required to sign and return the "Acknowledgment of Advance Payment Provisions" before an advance payment warrant is issued. The State shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each FY. Invoices submitted for payment by the Contractor, in accordance with the budget proposal, will be reduced by the monthly installment amount. In the event that submitted invoices are less than the monthly installment, the remaining balance will be deducted from subsequent invoices. In the event the Agreement is canceled by either party, the Contractor agrees to repay the balance of any outstanding payments due the State for advance payments within thirty (30) days after the Agreement is canceled. -2- e EXHIBIT B-1 LINE ITEM BUDGET GUIDE For Cost Reimbursement Budgets Developed for: Bidders and e Contractors OCTOBER 20, 2006 Prepared by: California Department of Corrections and Rehabilitation Office of Business Services Service Contracts Section e e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets Introduction (Responsibilities of Bidders, Contractors, Program/Contract Managers and Definitions).............. 1 Actual and Allowable Costs .....................................................................................................2 Personnel Costs (Staff Salaries and Staff Benefits)........................................................... 2 Sub-Contractors/Consultant Costs.................................................................................... 4 Operating Costs................................................................................................................. 4 Travel........................................................................................................................... 5 Facility Lease/Rent and Facility Owned ....................................................................... 5 Maintenance/Repair..................................................................................................... 5 Communications.......................................................................................................... 5 Utilities.........................................................................................................................5 Insurance..................................................................................................................... 5 Supplies/Expendable Equipment ................................................................................. 5 Non-Expendable Equipment ........................................................................................ 6 Training and Education................................................................................................ 7 Food Costs .... ... ....... .......... ...... ... ...... ...... ........ .............. ...... .... ............ ......... ...... .... ...... 7 Household Supplies..................................................................................................... 7 Program Supplies........................................................................................................ 7 Linen Services............................................................................................................. 7 Interest........................ ..................... ........................ ........................... ...... 7 Line Item Additions. ............... ....... ....... .......... ........ ... .......... ........ ....... ........ ....... ....... .... 7 Indirect Costs (Cost Allocation Plan).................................................................................. 7 ProfiUService Fee.............................................................................................................. 8 Allowable Indirect Costs .................................................................................................... 8 Unallowable Costs.... ................... ................. ............ ...... .................... ............................. 10 Fiscal Audits... ...................................... ............ ........ ............ .......... .......... ............................. 11 SAMPLE Project Budget Proposal (Budget Categories and Line Items Displayed) ...............12 Establishing Monthly Salary Rates ........................................................................................ 13 Establishing a Monthly Salary Range ....................................................................................13 Position's Time Base (Project Time indicated by % or Hours) ...............................................14 Personnel Positions............................................................................................................... 15 Costs Dis la ed for Bud et Cate ories and Line Items......................................................... 15 . \.'.~4idaiu:;iit(iC()ntractoi1>'... .' Amendment Defined.............................................................................................................. 16 Amendment Required........................................................................................................... 16 Budget Transfer Requests .................................................................................................... 17 BTR Approval Process .......................................................................................................... 18 Use of Salary Savings ...........................................................................................................18 Duties Performed for a Vacant Position................................................................................. 19 Salary Rate Increases ........................................................................................................... 19 Budgeted Positions............................................................................................................... 20 New Budget Line Items .........................................................................................................20 Monthl Invoices.................................................................................................................... 20 ~ilrl)pf~f)roject.Budgetsand.. F~nns Attachment 1: SAMPLE Project Budget Proposal for FY 07/08 Exhibit AA (Sample): Non-Expendable Equipment Attachment 1-A: SAMPLE Amended Project Budget for FY 02/03 (Amendment 1) Attachment 1-B: SAMPLE Amended Project Budget for FY 02/03 (Amendment 2) Attachment 1-C (4 pages): Indirect Cost Allocation Plan Instructions/Sample Attachment 1-0 (3 pages): Budget Transfer Request Instructions and Sample Budget Transfer Request Form Monthly Invoice for Cost Reimbursement Budget LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets e I Introduction The Line Item Budget Guide for Cost Reimbursement Budgets (L1BG) was written to assist Bidders and Contractors in the following respective areas of responsibility for a cost reimbursement budget: Bidders are responsible for: . indicating the actual and allowable costs associated in performing contracted services for a cost reimbursement budget (for each fiscal year if applicable) for competitive bidding purposes. Contractors are responsible for: . ensuring that all expenditures claimed (including all subcontractor expenditures) are allowable costs as specified in this L1BG; . ensuring all costs are associated in performing contracted services for auditing purposes and program review; e . ensuring that all subcontractors performing services have a written agreement stating the contracted services shall be performed in accordance with all contractual responsibilities of the prime contractor; . ensuring that budget transfer costs can be supported (justified) to reflect actual expenses; and . ensuring that a budget amendment can be supported (justified) for actual expenses associated in performing contracted services. Program and Contract Managers are responsible for: . ensuring that budget transfers/amendments are in accordance with Line Item Budget Guide policies; and . ensuring that budget transfers/amendments do not compromise the competitive bidding process (I.e., changes would not have affected the original award of the contract). Definitions: e CDCR ProQram ManaQer - CDCR staff person who is responsible for administering the program aspects of the contract. The CDCR Program Manager is the primary contact person. , Page 1 of 20 e e tit LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets COCR Section Chief of the Proqram - COCR staff person who has overall responsibility of a Program within COCR and oversees the responsibilities of the COCR Program Ma~ge~ . IActual and Allowable Costs Actual costs incurred by the Contractor, which are allowable costs shall be substantiated with appropriate source documentation and applicable receipts, such as invoices and receipts for any cost contained in the budget proposal. Receipts and other SLpport documentation need not be submitted with the monthly invoices for contract expenditures, with the exception of travel expenses and subcontractor/consultant costs. However, the Contractor must retain files in the Contractor's headquarters office based in California or at the program service location where services are being provided. All support documentation must be retained for actual expenses incurred for auditing purposes and for program review, as required in the fiscal audit provision on page 11 of this guide. Allowable costs for a contract shall be limited to those expenditures which are: (1) in conformance with the approved contract budget and have specific prior approval when required; and (2) for goods and services necessary to the project's operation at the time the costs are incurred. Any expenses not meeting these criteria may be disallowed. Competitive Bid Consideration: Contractors shall ensure that all costs are considered when developing a budget for a competitive bid process. The addition of any costs that should have been considered at the time of bid will not be allowed under a budget transfer process, even if the costs are defined as allowable, if the addition would reduce the compliance with bid proposal requirements or would have negatively impacted the scoring of the proposal. For instance, changes to the requirements of the project in the Scope of Work, (Le., the addition/removal of key personnel, or the addition/deletion of tasks or responsibilities) which have precluded potential bidders from bidding, resulted in fewer/additional points in the evaluation process, or resulted in a lower bid. For this reason, careful competitive bid consideration will be made to determine whether or not the consequences of an amendment or a budget transfer request have compromised the integrity and fairness of the bidding process. Listed below are allowable costs: 1. Personnel Costs a. Staff Salaries - Personnel salary and wage costs (salary equals compensation for staff who are paid based on a fixed rate for a given amount of time [Le., weekly, monthly, etc.]; and wage equals compensation for personnel who are paid based on an hourly rate should be commensurate with the level of responsibility and experience necessary to perform contracted project obligations. Salaries of personnel who are providing services for more than one contract must be charged to each contract on a proportional basis and are only allowable for the time the employee is assigned to this contract. Page 2 of 20 r ---- I I LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets e Salaries must be adequately documented by time sheets signed by the employee and the immediate supervisor, payroll register, payroll warrant, employee personnel file and general ledger accounts. All reported salary costs shall be based on actual expenditures. The time sheets must show on a daily basis how much time each employee spent on each program and salaries must be prorated accordingly. Salaries are only allowable for the time the employee is assigned to the contracted project. Bidders shall take into consideration cost of living, merit or anniversary increases when budgeting each position's monthly or hourly rates for each fiscal year of the contract. It is recommended that bidders establish a salary range (e.g., $2,450 - $2,800). The range must be realistic and conform to industry standards for each position. If salary increases are to be granted, they must be included in the budget when submitting a bid for a single or multiple year contract. Salary increases not included in the budget at the time of bid will not be allowed at any time during the performance of the contract unless: . the COCR Program Manager increases contract responsibilities which in turn results in increased responsibilities of the established budgeted positions; or . the Contractor increases the responsibilities of a budgeted position; or . the project is legislatively approved for cost of living adjustments; or . Contractor experiences documented recruitment or retention problems. e Refer to the Salary Rate Increases section of these guidelines. e b. Staff Benefits - Actual costs for staff benefits will be provided based on a percentage of total staff salaries. A COCR audit will be performed on actual costs. The COCR has determined a percentage for staff benefits of 28% for industrial non-represented employees, however, this percentage is strictly a guide to follow; there is no established limit. It is recommended that bidders establish a benefits percentage range in which they will not exceed during any given fiscal year. For example: if workers compensation is paid quarterly, the percentage for staff benefits would fluctuate on a monthly basis; therefore, the bidder should establish a percentage range to ensure their benefits do not exceed this each fiscal year. Staff benefits may include: regular compensation paid to employees for vacation, sick leave, jury duty, military training, and employer contributions for payroll taxes, employee health and unemployment insurance, social security, workers compensation, and a retirement plan. The Contractor is responsible for maintaining in reserve a portion of the percentage determined for staff benefits to allow for leave accrual pay-off at the end of the contract/employment. Vacation leave accrual pay-off shall not exceed two (2) weeks per year per staff person. Contractor shall maintain documentation to support leave earnings, usage and balances. (COCR will not be liable for payment of accrued vacation time off at contract/employment termination in excess of the amount maintained in reserve. Page 3 of 20 e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets The Contractor shall deposit reserve funds in an interest bearing account insured by a government agency. Interest earnings are the property of the State and may not be used for any purpose. Such interest earnings must be reported and the interest remitted to the State by the Contractor by July 30th following each preceding fiscal year. In the event the contract ends before the close of the fiscal year, payment must be received by the last business day of the month immediately succeeding the end of the contract. The Contractor will remit any interest income to the CDCR's Chief Accounting Officer for placement in the General Fund. , 2. Sub-Contractor/Consultant Costs - A sub-contractor or consultant is defined as an individual or a firm, which the Contractor contracts with for professional service. For the definition of an employee or a contract worker, refer to the Internal Revenue Service Publication 15A. If the Contractor intends to use a sub-contractor(s) and/or consultant(s), the need must be documented, including an estimated total dollar amount, when the bid proposal is submitted to CDCR. During the term of the contract, if there are any subcontracting activities other than those listed on the bid, the Contractor shall attempt to obtain at least three written bids for sub-contracts of $5,000 or more. (Documentation shall include advertisements, bids received, etc., and shall be kept with the Contractor and available upon request or for audit purposes). Contractors shall ensure at least three informal bids are obtained for sub-contracts less than $5,000. An informal bid can be a documented verbal quote. If three informal bids are unattainable, the Contractor shall document why they were unattainable. All subcontracts shall be awarded to the lowest bidder, unless the Contractor obtains prior written approval from the CDCR Section Chief of the Program to award based on specific evaluation criteria. If specific evaluation criteria is utilized, a minimum of 30 percent of the points shall be allocated to cost. Subcontracts of $15,000 or more shall be awarded to the lowest responsible bidder or under an approved evaluation criteria making all efforts to comply with the DVBE participation program. Adequate justification must be submitted to the CDCR Section Chief of the Program if the Contractor selects a consultant/subcontractor based on sole source or specific evaluation criteria. If during an audit it is discovered that the Contractor did not attempt to obtain three written bids or prior CDCR approval for sole source or specific evaluation criteria was not received, consultant/subcontractor fees will be disallowed. 3. Operating Costs - Allowable operating costs are defined as necessary program expenditures, which are based on actual costs substantiated by source documentation. Operating costs can include expendable equipment costs but are exclusive of personal service costs, sub-contractor/consultant service costs and indirect costs. For auditing purposes, the Contractor shall retain source documentation for these expenses such as purchase orders, requisitions, bills of lading, stock received reports, invoices and issued warrants. Only documented direct costs needed to provide services for this contract are allowable and should not be based on the overall organizational expenses. Operating costs can include the following: a. Travel: Only those costs for travel directly related to the project can be included in the budget. All travel costs and requirements shall be in accordance with the Department of Personnel Administration Rules for Excluded Employees, Sections 599.615.1 - 599.638.1 (incorporated by reference). Travel of non- contract staff: Persons who are not included as part of the contract (Le., corporate officers, Board of Directors, etc.), but are required to travel for Page 4 of 20 LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets e business strictly related to the project, may be reimbursed for travel costs as a direct expense from the travel line item. However, if the purpose of the travel is . for the combined purpose of several contracts or corporate business, travel costs will be considered as an indirect cost. Travel costs must be supported by travel expense vouchers, which clearly indicate the purpose, location (to and from destinations), dates, time of travel, rates claimed, mileage and any applicable receipts. Supporting documentation for travel costs claimed must be submitted with the monthly invoices, and be retained for audit purposes in the Contractor's headquarters or at the program service location where services are being provided. Contractors shall use the State's Travel Expense Claim (STD Form 262) to expedite processing of invoices. b. Facility Lease/Rent: Reasonable rent or lease costs applicable to the occupied space(s) for the project may be charged in the budget proposal. Space costs cannot exceed comparable rental space(s) for the surrounding area. If the Contractor occupies space(s), which will only be partially used for this project, the allowable space costs must be based on the percentage of space used for the project. Facility Owned: If the Contractor owns the facility, they may be compensated for the use of buildings through depreciation and current interest expense related to the purchase of the facility. The computation of depreciation will be based on total facility acquisition cost, less land cost. Adequate property records must be maintained and a straight-line method of computing depreciation must be used, in accordance with the Internal Revenue Code. The method of computing depreciation must be consistently applied. If a Contractor-owned facility is fully amortized and fully depreciated, a rental fee equal to Fair Market Value is allowable. c. Maintenance/Repair: Allowable maintenance and repair costs are those that are necessary for the upkeep of the facility and non-expendable equipment. d. Communications: These costs can include, but are not limited to, telephone, messenger services, cellular telephones, pagers, postage costs, internet services, and printing for job postings. e. Utilities: These costs can include, but are not limited to, gas, electricity, water and trash collection. f. Insurance: Reimbursement for required insurance will be based on actual costs incurred. State reimbursement in this area is contingent upon receipt of an actual invoice from the insurance carrier detailing that the costs are specifically for this contract. Additional costs beyond these required levels will be incurred by the Contractor. g. Supplies/Expendable Equipment: Supplies are defined as expendable items which change with use and are limited to supplies necessary to meet the project's scope of work. The cost of items purchased should be comparable to the prevailing price for similar items in the surrounding areas. Title to any expendable supplies and/or equipment purchased or built with State funds as part of the agreement will vest in the State. Expendable equipment is defined as having a unit aCQuisition cost of less than $5,000 Der unit. The Contractor must retain a listing of expendable equipment purchases that are considered "thett- sensitive" items, such as cameras, calculators, two-way radios, computer e e Page 5 of 20 LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets e printers, etc., for audit purposes. Upon termination of the agreement, Contractors are required to leave all expendable equipment and/or unused supplies for use by subsequent contractors or for the State to dispose of according to its needs. The State may: . Request such equipment and/or supplies be returned to the State, with costs incurred by the Contractor for such return being reimbursed by the State. . Authorize the continued use of such equipment and/or supplies for work to be performed under a different agreement or contract. h. Non-Expendable Equipment: Non-expendable equipment shall be identified as movable articles which have all of the following characteristics: ./ Have a normal useful life of at least one year. ./ Have a unit acquisition cost of at least $5,000. ./ Be used to conduct State business. e . Purchase: The COCR will not provide fundin!:! to purchase non- expendable equipment for COCR contracts. . Rent/Lease: Contractors will be allowed to rent/lease equipment to be used in the performance of the contract. . Depreciation Method: Contractors will be allowed to be compensated for the use of non-expendable equipment through depreciation. The computation of depreciation shall be based on the acquisition cost and the useful life of the non-expendable equipment. e The period of useful life established for each class of non-expendable equipment must take into consideration such factors as type of non- expendable equipment, nature of the non-expendable equipment used, historical and usage patterns (refer to the Internal Revenue Service Publication 946). In the absence of clear evidence indicating that the expected consumption of the non-expendable equipment will be significantly greater in the early portions than in the later portions of its useful life, the straight line method of depreciation shall be used. If straight line method is not used, support justification indicating the depreciation method used must be submitted with the bidder's Budget Proposal. If the acquisition of non-expendable equipment is proposed, the bidder shall: . list all proposed non-expendable equipment items on the "Non-Expendable Equipment" form (Exhibit AA); . indicate the method of charge (rent/lease or depreciation); and . include Exhibit AA with the bidder's Budget Proposal. The COCR reserves the right to disallow any type of non-expendable equipment not deemed to be needed or applicable to the project. The cost for any disallowed non-expendable equipment will be deducted from the bidder's Budget Proposal. Page 6 of 20 . e e e LINE ITEM BUDGET GUIDE for Cost Reimbursement Budgets i. Training and Education: The cost of customarily-provided training for employee development which directly or indirectly benefits contract programs. J. Food Costs: Food products used in the preparation of meals (does not include non-food products, e.g., eating utensils, pots, pans, cleaning detergents, etc.) Whenever feasible, CDCR recommends purchasing food items in bulk at wholesale prices. If Contractor is required to maintain a stock of food items, an inventory control system must be established to ensure appropriate use of items. k. Household Supplies: Household supplies are those items necessary for the operation of the program and include, but are not limited to: linens, kitchen utensils, hygiene items, and cleaning supplies. I. Program Supplies: Program supplies include items which directly benefit the participants of the program. Program supplies include, but are not limited to: newspapers, brochures, magazines, books and other related publications. m. Linen Services: Linen services consist of outside services obtained to provide clean linen for use in the program (common for residential facilities contracts). n. Interest: The Contractor may use allocated funds for interest in such cases where as the State's annual budget is delayed and payments cannot be made to the Contractor, resulting in the inability for continued services unless the Contractor borrows funds. Any other situation for interest payments will be handled on a case-by-case basis and must be approved by the Assistant Director or Deputy Director of the Program. o. Line Item Additions: These are blank areas on the Budget Proposal in which the Contractor has identified additional expense areas that CDCR concurs are necessary to provide contracted services. 4. Indirect Costs: Indirect costs are those costs incurred for a common or joint purpose benefiting more than one objective. The term "indirect costs" as used herein applies to costs incurred in the Contractor's administrative department, as well as those incurred in other departments in carrying out the functions and the objectives of the contract. Indirect cost rates are based on annual direct expenses. An indirect cost rate is only applied to a bidder's Budget Proposal if servicing more than one program (e.g., bidder is presently providing a program service to another State agency, local entity or organization). Bidder's that have established indirect cost rates with the Federal Government, may use their approved Federal CAP for State purposes. However, the State may disallow items that are allowable under their Federal plan (see below section on Allowable Indirect Costs). Accounting records shall include documentation of all costs supporting the expenses used to compute the indirect cost rate. Contractors may adjust the indirect cost rate annually during the term of the contract. However, if the adjustment results in an increase over the original indirect cost rate, a revised CAP must be submitted to the CDCR Program Manager and approved by the Fiscal Business Management Audits Unit (FBMAU) prior to receiving the higher rate. It is the responsibility of the CDCR Program Manager to forward a copy of any revised CAP to FBMAU. (Refer to Attachment 1-C, Sample Indirect Cost Allocation Plan Instructions and CAP). Page 7 of 20 STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS AND REHABILITATION ARNOLD SCHWARZENEGGER. GOVERNOR . DIVISION OF SUPPORT SERVICES OFFICE OF BUSINESS SERVICES 1515 S street. Sacramento, CA 95814 . PO. Box 942883 e Sagramento, CA 94283-0001 February 2, 2007 City of San Bernardino Attn: Kurt Wilson 300 North D Street San Bernardino, CA 92418 Dear Mr. Wilson: AGREEMENT NUMBER: C06436 SERVICE: INTERGOVERNMENTAL PARTNERSHIP GRANT PROGRAM Enclosed are four (4) original Standard Agreements (STD213) for the above-referenced Agreement. Please have all STD 213 dated and signed with an original signature by an authorized representative. All documentation must be returned to the California Department of Corrections and Rehabilitation (CDCR), Office of Business Services (OBS), at the address on this letterhead. Please use the address below for overnight or hand delivery: e California Department of Corrections and Rehabilitation Office of Business Services Attention: Joyce Stevens 1515 S Street, Room 410S Sacramento, CA 95814 Copies of the following document(s) are necessary for approval of this Agreement. . Current Certificate of Self Insurance This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority, the CDCR. The State has no legal obligation unless and until the Agreement is approved. When this Agreement is fully approved, an original will be forwarded to you. If you have any questions or need assistance, do not hesitate to contact me at (916) 324-0024. Sincerely, wens, Contracts Analyst e Enclosure(s) STATE OF CALIFORNIA . STANDARD AGREEMENT STO 213 (Rev 06/03) AGREEMENT NUMBER C06.436 . REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATEAGENCYSNAME California Department of Corrections and Rehabilitation (CDCR) CONTRACTOR'S NAME City of San Bernardino 2. The term of this February 1, 2007 Agreement is: 3. The maximum amount $100,000 of this Agreement is: One Hundred Thousand Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. The Provider agrees to provide Intergovernmental Partnership Grant Program (IGP) for CDCR. through June 30, 2007 Exhibit A - Scope of Work - Intergovernmental Partnership Grant Program Exhibit B - Budget Detail and Payment Provisions Exhibit B-1 - Line Item Budget Guide Exhibit B-2 - Budget Proposal Exhibit C* - General Terms and Conditions Exhibit D - Special Terms and Conditions for Public Entity Agreements Exhibit E - Additional Provisions for Public Entity Agreements 5 pages 2 pages 37 pages 2 pages GTC 306 1 0 pages 4 pages .a Items shown with an Asterisk (*), are hereby incolporated by reference and made part of this agreement as if attached hereto. . These documents can be viewed at www.ols.dgs.ca.govlStandard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation. partnership, ete.) City of San Bernardino BY (Authorized Signature) DATE SIGNEO(D(J nO/type) 25 PRINTED NAME AND TITLE OF PERSON SIGNING Kurt Wilson ADDRESS 300 North D Street, San Bernardino, CA. 92418, 909-384-5133 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Karen V. Smith, Deputy Director (A), Office of Business Services ADDRESS o Exempt per: PO Box 942883, Sacramento, CA 94283-0001 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06103) AGREEMENT NUMBER C06.436 . REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Corrections and Rehabilitation (CDCR) CONTRACTOR'S NAME City of San Bernardino 2. The term of this February 1, 2007 Agreement is: 3. The maximum amount $100,000 of this Agreement is: One Hundred Thousand Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. The Provider agrees to provide Intergovernmental Partnership Grant Program (IGP) for COCR. through June 30, 2007 Exhibit A - Scope of Work - Intergovernmental Partnership Grant Program Exhibit B - Budget Detail and Payment Provisions Exhibit B-1 - Line Item Budget Guide Exhibit B-2 - Budget Proposal Exhibit C' - General Terms and Conditions Exhibit 0 - Special Terms and Conditions for Public Entity Agreements Exhibit E - Additional Provisions for Public Entity Agreements 5 pages 2 pages 37 pages 2 pages GTC 306 10 pages 4 pages altems shown with an Asterisk ("). are hereby incorporated by reference and made pari of this agreement as if attached hereto. . These documents can be viewed at www.o/s.dgs.ca.gov/StandarrJ+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, $tate whether a corporation, partnership, etc.) City of San Bernardino BY (Authorized Signature) DATE SIGNED(DiJ lloJ I}pt:) E{ PRINTED NAME AND TITLE OF PERSON SIGNING Kurt Wilson ADDRESS 300 North D Street, San Bernardino, CA. 92418, 909-384-5133 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY (Authorized Signature) DATE SIGNED(Do nO/IYpe) ~ PRINTED NAME AND TITLE OF PERSON SIGNING o Exempt per: Karen V. Smith, Deputy Director (A), Office of Business Services ADDRESS PO Box 942883, Sacramento, CA 94283-0001 , STATE OF CALIFORNIA STANDARD AGREEMENT w STD 213 (Rev 06/03) AGREEMENT NUMBER C06.436 . REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Corrections and Rehabilitation (CDCR) CONTRACTOR'S NAME City of San Bernardino 2 The term of this February 1, 2007 Agreement is: 3, The maximum amount $100,000 of this Agreement is: One Hundred Thousand Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. The Provider agrees to provide Intergovernmental Partnership Grant Program (IGP) for COCR. through June 30, 2007 Exhibit A - Scope of Work - Intergovernmental Partnership Grant Program Exhibit B - Budget Detail and Payment Provisions Exhibit B-1 - Line Item Budget Guide Exhibit B-2 - Budget Proposal Exhibit C' - General Terms and Conditions Exhibit 0 - Special Terms and Conditions for Public Entity Agreements Exhibit E - Additional Provisions for Public Entity Agreements 5 pages 2' pages 37 pages 2 pages GTC 306 1 0 pages 4 pages .. Items shown with an Asterisk rJ, are hereby incorporated by reference and made part of this agreement as if attached hereto. . These documents can be viewed at www.ols.dgs.ca.govIStandard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Depalfment of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation. partnership, etc.) City of San Bernardino BY (Authorized Signature) DATE SIGNEO(Do nfll type) ~ PRINTED NAME AND TITLE OF PERSON SIGNING Kurt Wilson ADDRESS 300 North D Street, San Bernardino, CA. 92418, 909-384-5133 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY (Authorized Signature) DATE SIGNED(Do not t)'/Je) PRINTED NAME AND TITLE OF PERSON SIGNING Karen V. Smith, Deputy Director (A), Office of Business Services ADDRESS D Exempt pee PO Box 942883, Sacramento, CA 94283-0001 e , STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER C06.436 . REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Corrections and Rehabilitation (CDCR) CONTRACTOR'S NAME City of San Bernardino 2. The term of this February 1, 2007 Agreement is: 3. The maximum amount $100,000 of this Agreement is: One Hundred Thousand Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. The Provider agrees to provide Intergovernmental Partnership Grant Program (IGP) for CDCR. through June 30, 2007 Exhibit A - Scope of Work - Intergovernmental Partnership Grant Program Exhibit B - Budget Detail and Payment Provisions Exhibit B-1 - Line Item Budget Guide Exhibit B-2 - Budget Proposal Exhibit C' - General Terms and Conditions Exhibit D - Special Terms and Conditions for Public Entity Agreements Exhibit E - Additional Provisions for Public Entity Agreements >$ pages 2 pages 37 pages 2 pages GTC 306 10 pages 4 pages a Items shown with an Asterisk ("), are hereby incorporated by reference and made part of this agreement as if attached hereto. . These documents can be viewed at www.ols.dgs.ca.govlStandard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, $tate whether a corporation, partnership, etc.) City of San Bernardino BY (Authorized Signature) DATE SIGNEO(Dfl nOllype) 2S PRINTED NAME AND TITLE OF PERSON SIGNING Kurt Wilson ADDRESS 300 North D Street, San Bernardino, CA. 92418, 909-384-5133 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Karen V. Smith, Deputy Director (A), Office of Business Services ADDRESS o Exempt per: PO Box 942883, Sacramento, CA 94283-0001 \ . tit tit tit CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SCOPE OF WORK Agreement No. C06.436 Exhibit A COMMUNITY. NETWORK. FAMILY. INDIVIDUAL - SUCCESSFUL PAROLEE INTEGRATION IN THE CITY OF SAN BERNARDINO 1. PROJECT DESCRIPTION The City of San Bernardino agrees to initiate formal collaborations between local stakeholder entities (including various governmental agencies, employers, and community/faith based organizations) interested in improving the successful reentry of parolees into the local community. A. Proiect Goal The City of San Bernardino agrees establish a strategy committee (The San Bernardino City Reentry Collaboration [SBCRC]) to design a sustainable collaborative program for comprehensive reentry services to adults paroled from CDCR institutions and returning to the City of San Bernardino. B. Proiect Obiectives Bring together community-based and faith-based organizations, governmental agencies, prominent academics, practitioners, employers, community leaders, policy makers, advocates, local law enforcement, Paroles and former inmates to explore options and formulate strategies for addressing the various components of reentry including housing, public safety, civic participation, employment, mentoring, transportation, literacy, socialization and addiction. SpecifiC Project Objectives include: 1) Formation of a collaborative strategy committee to include representatives from; faith-based organizations, governmental agencies, prominent academics, practitioners, employers, community leaders, policy makers, advocates, local law enforcement, Paroles and former inmates. 2) Identify and document local parolee service needs; 3) Utilize and build upon the best practices of "Value Based Initiative (VBI)" and "Ready4Work Prisoner Reentry I nitiative" models and reentry efforts of Idaho and Massachusetts; 4) Develop and adopt a work plan that addresses reentry strategies that properly prepare the target population for active and positive citizenship upon reentry to the community; 5) Utilize the grant writing resources within the SBCRC to pursue fund development activities to address gaps in services and funding; and 6) Development of processes for evidence based program assessment and improvement. , Page 1 of 5 . v e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (COCR) SCOPE OF WORK Agreement No. C06.436 Exhibit A C. Expected Outcomes 1) Creation of a formal and ongoing collaboration between nonprofit organizations, employers, governmental entities, law enforcement and paroles that provide services to the eligible population (i.e. adult inmates in adult COCR institutions and/or parolees from those institutions); 2) Gather data regarding gaps in needed and available services to the local eligible population as well as service utilization trends; 3) Contract with an independent program evaluator/consultant to analyze plan effectiveness and service utilization data; and 4) Identify funding sources that will support and sustain development and implementation of a work plan that reflects the conclusions reached during the planning process. O. Expected Program Reauirements for Participants This planning process will target services to adult inmates in adult COCR institutions and/or parolees from those institutions. Service strategies are expected to address participant eligibility criteria and standards that include: 1) Participation on a voluntary basis; 2) Participants must commit to a minimum of 6 months of participation in the SBCRC Program; 3) Submit to random drug testing; and 4) Participants must live in or be paroling to the City of San Bernardino. E. Proaram Structure The year-long planning process will consist of the following elements: 1) Creation of a formal and ongoing collaboration between community-based and faith-based organizations, governmental agencies, prominent academics, practitioners, employers, community leaders, policy makers, advocates, local law enforcement, Paroles and former inmates to identify service strategies for to assist with reentry service needs for the eligible population (I.e. adult inmates in adult COCR institutions and/or parolees from those institutions); 2) Gather data regarding gaps in needed and available services to the local eligible population as well as service utilization trends; 4) Contract with an independent program evaluator/consultant to analyze plan effectiveness and service utilization data; and 5) Identify funding sources that will support and sustain development and implementation of a work plan that reflects the conclusions reached during the planning process. Page 2 of 5 . CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SCOPE OF WORK Agreement No. C06.436 Exhibit A l- e 2. TARGET POPULATION While the target population will be more clearly defined during the SBCRC planning process, the entire range of adult offenders will be addressed (including violent offenders). We anticipate the actual target population will be men and women from 6 months prior to release to 18 months post release. After award and planning, the SBCRC initially plans on providing services to 400 recently released adult CDCR offenders and/or parolees. 3. PROGRAM AND PARTICIPANT DATA AND REPORTING REQUIREMENTS Within 30 days of contract execution, the contractor will be required to develop a system that is acceptable to CDCR to collect and report program and participant related data in an accurate and timely manner. The data will be used for reporting program progress and evaluating the program performance as well as for services coordination. The system must be compatible with CDCR data systems (e.g., MS Access, MS Excel, etc.). At a minimum, the program and participant data will include: a. Participant Data: e The Contractor is required to develop a system for accurate and timely collection and reporting of all participant data consistent with the specific nature of each specific program. 1) CDCR number for all participants. 2) Demographic, socioeconomic and criminogenic data on all program participants and potential participants on the program waiting list. 3) Names of all assessment instruments used and baseline data summarizing: the participant's level of criminality, education, vocational abilities, substance abuse history, self-sufficiency, and social competency at program admission. 4) Appropriate case management data designed for follow up of progress in receiving services, such as name of case manager(s), date case manager assigned, follow up dates, status on entry, and end of month status for ongoing treatments or terminations. 5) Date participant is assessed, referred, and shows up for service. 6) Program participation; daily, weekly, and monthly attendance records, hours of treatment(s) and outcome/performance measures specific to each program both on the individual and the cohort level, as appropriate. 7) Monthly follow-up data detailing participant progress specific to objectives and goals identified and services received. Length of follow- up will be based upon each grants specific goals, objectives, and predetermined time frames. 8) Program data on successful or unsuccessful discharge status upon release/transfer from programifacility. e Page 3 of 5 , .. e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SCOPE OF WORK Agreement No. C06.436 Exhibit A Data requirements may be modified to accommodate comparisons between projects with similar treatment models. b. Program Data: The Contractor shall submit monthly, quarterly, and 6-month interim progress reports to the Division of Community Partnerships on or before the 15th of the following month that include the number of: . New program admissions. . Program exits by status at exit. . Participant referrals to services by service type. . Participant placements in services by service type. . Active participants in the program during the reporting month. . Number of eligible participants on the program waiting list. . Program capacity. c. The followinQ requirements must be met along with the data collection: The Contractor shall submit monthly, quarterly, and 6-month interim progress reports describing program activities, any upcoming major events and activities, all problems encountered, and plans for problem resolutions. These reports shall be submitted to the Division of Community Partnerships Program Manager on or before the 15th of the following month. The Contractor shall have procedures developed and in place to: 1) Ensure and verify the validity of the data; 2) Protect the data from unauthorized access and/or destruction due to negligence, malice, or disaster. If it has been determined that participant data has been compromised the contractor must notify CDCR immediately. 3) Ensure no report, publication, and/or statistical data related to the programs is released or revealed without the prior written approval from CDCR. 4) Cooperate in the evaluation of the program and assist CDCR and any designated evaluators on any additional data collection efforts and program analysis. 5) Submit participant level program data to CDCR by the 10th day of each month. The data file shall include all program activity for the previous month. 4. PLANNING GRANT REPORTING REQUIREMENTS The Contractor will be required to develop and submit detailed reports, subject to CDCR approval, about the planning grant process undertaken and a description of the program developed. The following information must be provided to CDCR at the specified intervals: , Page 4 of 5 t ., e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) SCOPE OF WORK Agreement No. C06.436 Exhibit A a. Formal proiect plan (to be submitted within the first month of the start of the proiect) which includes the following: . Description of community needs. . Description of target population and an estimate of how many reside in the community. . List of all stakeholders. . List of all collaborating entities and a description of each entities role. . List of project tasks and timelines. b. Progress reports (to be submitted at 3. 6. and 9 months into the project) which include: . List of project goals and a timeline detailing when each goal was completed. . Description of ali meetings held, including: agenda, list of attendees, and meeting notes. . List of all coliaborating entities and a description of each entities role. c. Final outcome report (to be submitted upon completion of the project) which mav include: . List of project goals and a timeline detailing when each goal was completed. . Description of the program developed through the Intergovernmental Partnership Grant Program along with the theoretical and practical support for this program. . Timeline for program implementation. . The evaluation plan developed to determine the effectiveness of the program when implemented. . Description of ali meetings held, including: agenda, list of attendees, and meeting notes. . List of ali collaborating entities and a description of each entities role. . Feedback from stakeholders. . Identify funding sources that will ensure the program will be implemented and sustained. Page 5 of 5 t .. e e e CITY OF SAN BERNARDINO California Department of Corrections and Rehabilitation (CDCR) BUDGET DETAIL AND PAYMENT PROVISIONS Agreement No. C06.436 Exhibit B 1. Invoicing and Payment a. For services satisfactorily rendered, and upon receipt and approval of contractor's invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B-2, Budget Proposal which are attached hereto and made a part of this Agreement. b. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to: California Department of Corrections and Rehabilitation (CDCR) Headquarters Regional Accounting Office Division of Community Partnerships Attention: Accounts Payable POBox 187018 Sacramento, CA 95818-7018 2. Budget Contingency Clause a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement. b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq. 4. Subcontractors For all Agreements, with the exception of Interagency Agreements and other governmental entities/auxiliaries that are exempt from bidding, nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor's responsibilities and obligations hereunder. The Contractor agrees to be as fully