County of Los AngelesDEPARTMENT OF CHILDREN AND FAMILY SERVICES425 Shatto Place, Los Angeles, California 90020(213) 351-5602PATRICIA S. PLOEHN, LCSWDirectorBoard of SupervisorsGLORIA MOLINAFirst DistrictJune 9, 2009MARK RIDLEY-THOMASSecond DistrictZEV YAROSLAVSKYThird DistrictThe Honorable Board of SupervisorsCounty of Los Angeles383 Kenneth Hahn Hall of Administration500 West Temple StreetLos Angeles, California 90012DON KNABEFourth DistrictMICHAEL D. ANTONOVICHFifth DistrictDear Supervisors:REQUEST TO APPROVE THE CONTRACTS WITH LOCAL UNIVERSITIESFOR THE PROVISION OF STAFF TRAINING ANDMASTER OF SOCIAL WORK INTERNSHIP PROGRAM SERVICES(ALL SUPERVISORIAL DISTRICTS) (3 VOTES)SUBJECTThis is to request your Board’s approval to authorize the Director of the Department ofChildren and Family Services (DCFS), or her designee, to execute the contracts withCalifornia State Los Angeles University Auxiliary Services, Inc. (CSULA), CaliforniaState University, Long Beach Foundation (CSULB), The University Corporation [forCalifornia State University, Northridge] (CSUN), The Regents of the University ofCalifornia (UCLA), The University of Southern California (USC), and California StateUniversity, Dominguez Hills Foundation (CSUDH), for the provision of staff training andMaster of Social Work (MSW) Internship Program services, beginning July 1, 2009, ordate of execution, whichever is later, through June 30, 2012.IT IS RECOMMENDED THAT YOUR BOARD:1. Approve contracts with six (6) local universities through their delegate Fiscal Agents:1) CSULA, 2) CSULB, 3) CSUN, 4) UCLA, 5) USC, and 6) CSUDH, and delegateauthority to the Director of the DCFS, or her designee, to execute the contracts insubstantially similar form to those contained in Attachment One, for the provision ofstaff training and MSW Internship Program services for the period from July 1, 2009through June 30, 2012. The total annual cost for the contracted services withCSULA, CSULB, CSUN, UCLA, USC, and CSUDH is 8,309,000 and a total cost ofthe six contracts for the three-year period is 24,927,000, and will be financed using75% federal revenue ( 18,695,250), 17.5% State ( 4,362,225), and 7.5% netCounty cost (NCC) ( 1,869,525). With the required in-kind match of 6,794,000 fromall the contractors except for USC, the total cost being spent on the contracted“To Enrich Lives Through Effective and Caring Service”
The Honorable Board of SupervisorsJune 9, 2009Page 2services for the three-year contract term is 31,721,000. Sufficient funding isincluded in the Fiscal Year (FY) 2009-10 Proposed County Budget.2. Delegate authority to the Director of DCFS, or her designee, to executeamendments with CSULA, CSULB, CSUN, UCLA, USC, and CSUDH to increase ordecrease their maximum contract amounts by no more than ten percent (10%) peryear of the original Maximum Annual Contract Sum during the term of each of thecontracts to accommodate increases or decreases in units of service provided:(a) the amendments do not include cost of living adjustments, (b) sufficient funding isavailable for increases, (c) County Counsel and the Chief Executive Officer (CEO)approval is obtained prior to executing the amendments, and (d) the Director ofDCFS notifies your Board and the CEO in writing that an amendment(s) has/havebeen executed within ten (10) workdays of the amendment’s execution.PURPOSE/JUSTIFICATION OF RECOMMENDED ACTIONThe current contracts with UCLA, CSULB, CSULA, CSUN, CSUDH, and USC expire onJune 30, 2009. Approval of the new contracts will allow the County to continue toprovide extensive training and professional development program to ensure that staff atall levels are equipped to carry out federal, State, and County mandates related to childprotection, foster-care placement, permanency and adoption and effectively engage andwork with the children and families serve by DCFS towards improved outcomes. Thetraining program also includes a MSW internship program designed to produce highlyskilled professionals to meet the challenges of child welfare band to best serve childrenand families.Implementation of Strategic Plan GoalsThe recommended actions are consistent with the principle of the Countywide StrategicPlan, Goal No. 1, Operational Effectiveness, to ensure that service delivery system areefficient, effective and goal-oriented, and Goal No. 2, Children, Family, and Adult WellBeing. The recommended actions will enhance DCFS employees’ knowledge and skillsin performing their duties in order to improve the well being of children and families inLos Angeles County in good health, economic well-being, safety and survival, social andemotional well-being, and educational and workforce readiness.FISCAL IMPACT/FINANCINGThe term of the new contracts with UCLA, CSULB, CSULA, CSUN, CSUDH, and USCis effective from July 1, 2009 through June 30, 2012. The annual contract cost withCSULA, CSULB, CSUN, UCLA, USC, and CSUDH is 8,309,000, with a total threeyear cost of 24,927,000, and will be financed using 75% federal revenue( 18,695,250), 17.5% State ( 4,362,225), and 7.5% NCC ( 1,869,525).
The Honorable Board of SupervisorsJune 9, 2009Page 3Additionally, pursuant to Title IV-E federal funding provisions, public universities arerequired to provide a minimum 25% in-kind match. USC, a private university, is notrequired by federal guidelines to provide in-kind contributions to public child welfareagencies. A total annual in-kind match amongst the five public universities (UCLA,CSULB, CSULA, CSUN, and CSUDH) is 2,264,667, for a total of in-kind match 6,794,000 for the three-year period. The total cost being spent on the contractedservices with the six universities (UCLA, CSULB, CSULA, CSUN, CSUDH, and USC)for the three year period is 31,721,000. Sufficient funding is included in the FiscalYear 2009-10 Proposed County Budget.The total cost for three years and the total cost per year for each contractor are listed inTABLE 1 below and are subject to adjustment in accordance with the County’s Cost ofLiving Adjustments (COLA) policy.TABLE 1(Numbers are in 3,0005,316,0001,023,0004,545,00024,927,000The amounts of in-kind matching funds are listed in TABLE 2 below and may be subjectto adjustment if the County’s COLA policy is applied.TABLE 2(Numbers are in 1,0001,772,000341,0006,794,000The total cost of the contracts including an in-kind match is listed in TABLE 3 below andmay be subject to adjustment if the County’s COLA policy is applied.
The Honorable Board of SupervisorsJune 9, 2009Page 4TABLE 3(Numbers are in S AND PROVISIONS/LEGAL REQUIREMENTSThe six universities, UCLA, CSULB, CSULA, CSUN, CSUDH, and USC are members ofa collaborative entitled the Inter-University Consortium (IUC). Participating universitiescollaborate and coordinate activities to provide consistent program services underseparate contracts. UCLA oversees the IUC.The proposed contract term with IUC members is for the period from July 1, 2009through June 30, 2012. The IUC offers MSW program and in-service training serviceswithin the County of Los Angeles. The MSW program includes professional in-servicetraining and advanced instructional programs in the field of child welfare services. Thetraining integrates Federal, State, and local laws, DCFS policies and procedures,governmental training mandates, and ongoing updates of child welfare related policiesthat might affect training deliverables. In addition, IUC provides in-service training thatis specifically designed for DCFS employees. The contracts with CSULA, UCLA, USC,and CSULB provide both DCFS staff training and an MSW Internship training programwhile CSUDH and CSUN contracts only provide an MSW internship training program.The contractors agree to meet County’s insurance requirements including Countyapproval of any self-insurance programs. The contracts include mutual indemnificationlanguage, which was discussed and cleared with CEO Risk Management. TheDepartment’s position is that the benefit of contracting with these existing providersoutweighs the potential risk posed by the mutual indemnification.The Invoice and Payments provision in the contracts allows the contractors to reallocateup to ten percent (10%) of the Maximum Annual Contract Sum between line itembudget categories. In addition, the Statement of Work (SOW) of each contract allowsDCFS to change and revise the training deliverables with each contract and betweencontracts in order to meet the changing training needs of the Department. The totalannual cost for each contract or the total cost for the three year contract term will notincrease or decrease because of such changes to the SOW.
The Honorable Board of SupervisorsJune 9, 2009Page 5The provisions regarding “Consideration of GAIN or GROW Participants forEmployment” and “Consideration of Hiring County Employees Targeted for Layoffs oron Re-employment List” contain conditional language where “first consideration” and/or“first priority” are required that reads, “Unless prohibited by State and/or federal law.”This amended language will allow the contractors to maintain compliance with laws andregulations regarding their hiring practices.The last sentence of “Budget Reduction” provision has been amended to read“Notwithstanding such reduction, the CONTRACTOR shall continue to provide all of theservices set forth in this contract until an amendment is executed to reflect a reductionof services commensurate with the reduction of the contract sum”. This amendedlanguage will allow the contractors to provide the service at the level that reflects theamount of a budget reduction after an amendment is approved by the Board and is fullyexecuted.DCFS has determined that the Living Wage Ordinance does not apply to thesecontracts.County Counsel and the CEO have reviewed the Board Letter.approved as to form by County Counsel.The contracts areCONTRACTING PROCESSThe new contracts are procured by negotiations for the period from July 1, 2009 throughJune 30, 2012. DCFS negotiated the contracts in accordance with CDSS regulation23.650.14, which allows the County to negotiate contracts with educational institutions.On January 20, 2009, DCFS notified your Board that DCFS intended to negotiatecontracts with six local universities, CSULA, CSULB, CSUN, UCLA, USC, and CSUDH.DCFS requested State approval on February 25, 2009 to conduct procurement bynegotiation with six (6) current Universities (Attachment Two).The contracts include provisions that allow COLA requests in accordance with yourBoard’s policy. DCFS will submit amendments based on qualified requests for COLA inaccordance with Board policy provided: (a) sufficient funding is available to financeincreases to the Maximum Annual Contract Sum; (b) County Counsel and CEOapproval is obtained prior to executing any amendments; and (c) the Board and CEOare notified in writing within ten (10) workdays of execution of such amendments.COLA will be based on the increase or decrease in the U.S. Department of LaborStatistics’ Consumer Price Index (CPI) for the Los Angeles, Riverside, and OrangeCounty Area for the most recently published percentage change for the 12 month periodpreceding the contract anniversary date, which does not exceed the general salarymovement granted to County employees as determined by the CEO as of each July 1for the prior 12-month period. Furthermore, COLA will not be granted should fiscal
The Honorable Board of SupervisorsJune 9, 2009Page 6circumstances ultimately prevent the Board from approving any increase in Countyemployee salaries.IMPACT ON CURRENT SERVICESApproval of these contracts will enable DCFS to continue providing training for MSWstudents who participate in the internship program for employment upon graduation andto employees’ furtherance of enhancement of their knowledge and skills in theperformance of their duties. In addition, it is in the best interest of the County tocontinue to provide these services because they are needed to assist DCFS inpromoting continuing education in the field of social work and in providing ongoing inservice training to DCFS’ employees to enhance performance critical for the care andwell-being of children in the foster care system.
ATTACHMENT ONETRAINING SERVICES CONTRACTBY AND BETWEENCOUNTY OF LOS ANGELESANDNAME OF THE UNIVERSITYDepartment of Children and Family Services (DCFS)Contracts Administration425 Shatto Place, Room 400Los Angeles, California 90020JULY 1, 2009
COUNTY OF LOS ANGELESDEPARTMENT OF CHILDREN AND FAMILY SERVICESINTER UNIVERSITY CONSORTIUM SERVICES CONTRACTTABLE OF CONTENTSSection Number and TitlePageRECITALS. 4PART I: UNIQUE TERMS AND CONDITIONS . 51.0APPLICABLE DOCUMENTS AND DEFINED TERMS . 52.0PARTIES TO THE CONTRACT . 73.0TERM AND TERMINATION . 74.0CONTRACT SUM . 85.0INSURANCE REQUIREMENTS . 96.0INVOICES AND PAYMENTS . 127.0NOTICES . 15PART II: STANDARD TERMS AND CONDITIONS . 171.0ADMINISTRATION OF CONTRACT – CONTRACTOR . 172.0ADMINISTRATION OF CONTRACT – COUNTY . 183.0AMERICANS WITH DISABILITIES ACT (ADA). 194.0ASSIGNMENT AND DELEGATION . 195.0AUTHORIZATION WARRANTY . 206.0BUDGET REDUCTION . 207.0CHANGES AND AMENDMENTS. 208.0CHILD ABUSE PREVENTION REPORTING . 229.0CHILD SUPPORT COMPLIANCE PROGRAM . 2210.0 COMPLAINTS. 2311.0 COMPLIANCE WITH APPLICABLE LAWS. 2312.0 COMPLIANCE WITH CIVIL RIGHTS LAWS . 2413.0 COMPLIANCE WITH JURY SERVICE PROGRAM . 2514.0 CONDUCT OF PROGRAM . 2615.0 CONFLICT OF INTEREST. 2716.0 CONSIDERATION OF GREATER AVENUES FOR INDEPENDENCE (GAIN) ORGENERAL RELIEF OPPORTUNITIES FOR WORK (GROW) PARTICIPANTS FOREMPLOYMENT. 2717.0 CONSIDERATION OF HIRING COUNTY EMPLOYEES TARGETED FOR LAYOFFS ORON REEMPLOYMENT LIST . 2818.0 CONTRACT ACCOUNTING AND FINANCIAL REPORTING . 2819.0 CONTRACTOR RESPONSIBILITY AND DEBARMENT . 2920.0 CONTRACTOR’S CHARITABLE ACTIVITIES COMPLIANCE. 3121.0 CONTRACTOR’S WORK. 3122.0 COUNTY’S QUALITY ASSURANCE PLAN . 3123.0 CRIMINAL CLEARANCES. 3124.0 EMPLOYEE BENEFITS AND TAXES . 3225.0 EMPLOYMENT ELIGIBILITY VERIFICATION . 3226.0 EVENTS OF DEFAULT. 3327.0 FAIR LABOR STANDARDS . 34DCFS Contract –Table of Contentsi
53.054.055.056.057.058.059.060.061.062.0FIXED ASSETS . 34FORMER FOSTER YOUTH CONSIDERATION . 34GOVERNING LAW, JURISDICTION, AND VENUE . 34INDEMNIFICATION . 35INDEPENDENT CONTRACTOR STATUS . 35LIQUIDATED DAMAGES. 36MANDATORY REQUIREMENT TO REGISTER ON COUNTY’S WEBVEN. 37MOST FAVORED PUBLIC ENTITY . 37NON-DISCRIMINATION AND AFFIRMATIVE ACTION . 37NON EXCLUSIVITY. 38NOTICE OF DELAYS. 39NOTICE OF DISPUTE . 39NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME CREDIT . 39PROHIBITION AGAINST INDUCEMENT OR PERSUASION . 39PROPRIETARY RIGHTS . 39PUBLIC RECORDS ACT . 41PUBLICITY . 42RECORD RETENTION AND INSPECTION/AUDIT SETTLEMENT. 42RECYCLED-CONTENT PAPER .