HomeMy WebLinkAboutMINUTES - 12071993 - 1.114 To: AI
OF SUPERVISORS
FROM: ark Finucane, Health Services Director
Contra
By: Elizabeth A. Spooner, Contracts Administrator Costa
00
DATE: November 3, 1993 County
SUBJECT: Approval of Novation Contract #24-577-5 with Pittsburg Boys Club, Inc. (dba
Boys and Girls Club of East County)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the
County, Novation Contract #24-577-5 with Pittsburg Boys Club, Inc. (dba Boys and
Girls Club of East County) , in the amount of $243,465, for the period from July 1,
1993 through June 30, 1994, for substance abuse treatment services for residents of
public housing in Pittsburg (at E1 Pueblo Housing Development) . This Contract
includes a six-month automatic contract extension through December 31, 1994, in the
amount of $107,925.
II. FINANCIAL IMPACT:
This Contract is funded by monies from the Federal Center for Substance Abuse
Treatment (CSAT) Critical Populations Demonstration Grant (Taking Back Our Community
Project) . No County match is required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The Taking Back Our Community Project is an effort to expand the delivery of
innovative services to Public Housing residents of West and East County who have an
identified substance abuse problem and who are currently seeking substance abuse
treatment.
This Contractor has been providing outpatient substance abuse treatment and
intervention services for residents of E1 Pueblo Housing Development of Pittsburg
under an automatic extension of contract #24-577-4. Novation Contract #24-577-5
replaces the three-month automatic extension under the prior contract, and will
allow this Contractor to continue these much needed services through June 30, 1994.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DA ION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON 'J 9 9 APPROVED AS RECOMMENDED - OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: Chuck Deutschman (313-6350) OF SUPERVISORS ON THE DATE SHOWN.dze_o'�CC: Health Services (Contracts) ATTESTED
Risk Management Phil Batchelor,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M382/7-83 BY L
, DEPUTY
i Cc+;tbra Costa County STANDARD CONTRACT , y" Number 24-577-5
S'canda'_d Form 1/87 (Purchase of Services) Fund/Org # 5930
NOVATION Account # 2320
1. Contract Identification.
Department: Health Services - Substance Abuse Division
Subject: Outpatient Substance Abuse Primary Prevention, Intervention, and Treatment
Services for Residents of E1 Pueblo Housing Development of Pittsburg
2. Parties. The County of Contra Costa, California (County) , for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: PITTSBURG BOYS CLUB, INC. (dba Boys and Girls Club of East County)
Capacity: Nonprofit California corporation Taxpayer ID # Not Applicable
Address: 335 East Leland, Pittsburg, California 94565
3. Term. The effective date of this Contract is July 1. 1993 and it terminates
June 30. 1994 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $243,465.
5. County's Obligations. County shall make to the Contractor those payments described in
the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that
work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and
Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
8. Proiect. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
Current Contra Costa County Annual Substance Abuse Services/Program Plan and Budget and
anv modifications or revisions thereof; "Taking Back Our Community" (Center for
Substance Abuse Treatment - Critical Populations) Application for Federal Assistance,
Dated August 31, 1993, as approved by the State, copies of which are on file in the
Administrative Office of County's Substance Abuse Division.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Section 26227.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
�B y By L.
Chairman/Designee Dep y
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract mut be signed by two officers. Signature A must be
that of the president or vice-president and Signature B mut be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures mut be ack- wledged as set forth on page tvo.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-577-5
APPROVALS
RECOMMENDED BY EPARTMENT FORM APPROVED
By f, ` By � t�Q• JaJ
Des,116ee
COUNTY ADMINISTRATOR
.s
B c�
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representative(s) of the
partnership or corporation named above in the capacity(ies) stated, personally
appeared before me today and acknowledged that he/she/they executed it, and
acknowledged to me that the partnership named above executed it or acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a
resolution of its board of directors.
Dated: 't // 93
[Notarial Seal]
tERrS;I''N.DEL ROS 0
Comn.$582590 Notary Public/Deputy County Clerk
�- h'�TARY R16LIC•G11FOttPl�
ti;? Q Cc+�Ca Cel Cou��yy
C.��K ... {�►Coma Fxpiec 1947 +
-2-
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-577-5
1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all
services provided for County under this Contract shall only be for costs that are
allowable costs that are actually incurred in the performance of Contractor's
obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total Payments as provided below and
subject to the Payment Limit of this Contract, County will pay Contractor as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor:
[Check one alternative only]
[ J a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. An amount equal to Contractor's allowable costs that are actually incurred
each month, but subject to the "Budget of Estimated Program Expenditures"
included in the Service Plan.
[X] d. Sub iect to later adjustments in total payments in accordance with the
provisions for Cost Report and Settlement, Audits, and Audit Exceptions
set forth in the Payment Provisions, and subject to the Payment Limit of
this Contract. County will pay Contractor:
(1) A one-time-only payment of $17,988 payable upon demand on or after
July 1, 1993; and
(2) Monthly payments in an amount equal to Contractor's net allowable
contract costs which have actually been incurred and/or paid by
Contractor each month (i.e. , reimbursement in arrears for actual
expenditures) , computed in accordance with and subject to the
attached Budget of Estimated Program Expenditures which is
incorporated herein by reference. For allowable contract costs
which are actually incurred in a given month, but for which invoices
are not on hand, Contractor shall include estimates of such costs in
its payment Demand (Form D-15) for said month, and Contractor shall
increase or decrease each subsequent month's Demand to adjust for
any resulting over- or under-payments, subject to the Contract
Payment Limit.
3. Allowable Costs. Contractor's allowable costs are only those which are determined in
accordance with:
[Check applicable alternative]
[ ] a. Department of Health and Human Services Administration of Grants Federal
Regulations Title 45 Part 74 including any amendments thereto and the
applicable Subpart listed hereunder; and other documents specified in the
Service Plan regarding principles for determining and allocating the
allowable costs of providing the services; and any standards set forth in
Initials:_ O,yf�.
Contractor County Dept.
1
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-577-5
the Service Plan for determining the allowability of selected items of
costs of providing the services.
[ ] Federal Management Circular A-87, including any amendments to
the circular published in the Federal Register by OMB is to be used
for determining allowable costs of activities conducted by state and
local governmental agencies.
[ ] OMB Circular A-122, including any amendments to the Circular
published in the Federal Register by OMB is to be used for
determining allowable costs of activities conducted by nonprofit
organizations (other than government agencies, educational
institutions, and hospitals) .
[ ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other
than hospitals.
[ ] OMB Circular No. A-21, including any amendments to the Circular
published in the Federal Register by OMB shall be the principles to
be used for determining allowable costs by educational institutions
(other than for-profit institutions) .
( ] Appendix E Subpart Q Section 74.173 shall be used for determining
costs of research, development work, and other activities for
determining allowable costs.
[R] b. Such State regulations and documents as are set forth in this Contract
regarding accounting guidelines, including standards for determining
allowable or non-allowable costs.
[ ]
C. Part IV Department of Labor, Employment and Training administration, 20
CFR Part 674, Section 674.402 and any amendments thereto; and California
Department of Aging Title V Operations Handbook, 1987, Section 505.4 and
any amendments thereto.
4. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph 2. (Payment Amounts) above.
5. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specificed in Paragraph 4. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
Initials:-�
Contractor County Dept.
2
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-577-5
6. Right to Withhold. County has the right to withhold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following the
termination of this Contract, Contractor shall submit to County a cost report in the
form required by County, showing the allowable costs that have actually been incurred
by Contractor under this Contract. If said cost report shows that the allowable costs
that have actually been incurred by Contractor under this Contract exceed the payments
made by County, subject nevertheless to the payment limit of this Contract, County will
remit any such excess amount to Contractor, provided that the payments made, together
with any such excess amount, may not exceed the contract payment limit. If said cost
report shows that the payments made by County exceed the allowable costs that have
actually been incurred by Contractor under this Contract, Contractor shall remit any
such excess amount to County.
8. Annual Audit. Contractor shall provide County with an annual audit by a Certified
Public Accountant or Public Accountant, verifying the cost reports submitted under the
Payment Provisions of this Contract. Said audit shall be performed in accordance with
generally accepted audit standards, including the State's Audit Assistance Guide,
Federal OMB Circular A-110 which applies to nonprofit organizations, and the "Standards
for Audit of Governmental Organizations, Programs , Activities, and Functions" (issued
by the U.S. Comptroller General, 1972, 54 pp. ) . Payment Provisions Paragraph 8.
(Audits) notwithstanding, Contractor shall submit a separate annual fiscal year audit
covering each fiscal year period ending on June 30th under this Contract. Contractor
shall submit each such annual audit to County no later than 120 days following the end
of each fiscal year period hereunder.
9. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in
any fiscal year from any source, Contractor shall provide to County at Contractor's
expense an audit conforming to the requirements set forth in the most current version
of Office of Management and Budget Circular A-133 . If Contractor is funded by $25,000
to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall
arrange for conduct of the federally-required audit biennially and shall submit the
audit to County in the time, form, and manner required by the most current version of
Office of Management and Budget Circular A-133 and by County. If Contractor is funded
by $100,000 or more in federal grant funds in any fiscal year from any source,
Contractor shall arrange for the federally-required audit annually and shall submit the
audit to the County in the time, form, and manner required by the most current version
of Office of Management and Budget Circular A-133 and by County. Contractor is solely
responsible for arranging for the conduct of the audit, and for its cost, and County
may withhold the estimated cost of the audit or 10 percent of the contract amount,
whichever is larger, or the final payment, from Contractor until County receives the
audit from Contractor.
Initials:—
CV/tractor
nitials:C htractor County Dept.
3
.Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-577-5
10. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
11. State Cost Regulations. Pursuant to Paragraph 3. (Allowable Costs) of the Payment
Provisions, and subject to the attached Budget of Estimated Program Expenditures, the
allowability of Contractor's costs which have actually been incurred under this
Contract shall be determined in accordance with applicable State regulations,
including, but not limited to, the Drug Program Fiscal Systems Manual, Chapter II
(Accounting Standards and Guidelines) , and Table I (Drug Program Reimbursement
Standards) , as issued by the Division of Drug Programs of the State Department of
Alcohol and Drug Programs. Allowable costs shall not include remodeling and/or
equipment purchases as to any item which has a useful life in excess of three years
and/or a value in excess of $500 (or as otherwise may be authorized by the State) ,
except that part of such costs which can reasonably be charged to depreciation.
Initials:
Contractor County Dept.
4
BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 24-577-5
A. GROSS OPERATIONAL BUDGETS Fiscal Year 1993-94
PROGRAM
1. COST REIMBURSEMENT CATEGORIES FUNDS
a. PERSONNEL SALARIES & BENEFITS (Direct Costs)
(1) Direct Service Staff Salaries $129,200
(2) Fringe Benefits 33,800
(3) Professional Consultant 5 ,200
(4) SUBTOTAL AMOUNT $168,200
b. OPERATIONAL COSTS (Direct Costs)
(1) Rental Space/Utilities $ 3 ,600
(2) Telephone 1, 300
(3) Office Supplies 1,400
(4) Publication 30
(5) Insurance 3,000
(6) Staff Travel 1,600
(7) Training/Education 2,400
(8) Copying/Printing 1,500
(9) Postage 500
(10) Equipment/repair/maintenance 1,200
(11) Recreational Program 2,500
(12) Van Purchase Costs 800
(13) Urinalysis 2,500
(14) Tutoring/Job Skill Supplies 2,000
(15) Detox 2,520
(16) Medical Supplies 800
(17) SUBTOTAL AMOUNT � $ 27,650
C. INDIRECT COSTS $ 20,000
2. TOTAL GROSS ALLOWABLE PROGRAM COST 215 850
B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE
(To be collected and provided by Contractor)
1. Clients Fees and Insurance $ -0-
2. Grants & Subventions -0-
3. Donations -0-
4. Other (Specify: ) -0-
5. TOTAL PROJECTED NON-COUNTY PROGRAM REVENUES $( -0-)
C. NET ALLOWABLE FISCAL YEAR COST 215 850
(Contract Payment Limit)
Initials: J
Co tractor County Dept.
1
BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 24-577-5
D. CHANGES IN BUDGET AMOUNTS. Subject to the Contract Payment Limit and to State guidelines,
each cost category Subtotal Amount set forth within each program in Section A.1. above:
1. May vary by up to 15% without approval by County; and
2. May be changed in excess of 15% provided, however, that Contractor has obtained
written authorization prior to August 1, 1994 from the Department's Substance
Abuse Division Director, or his designee, before implementing any such budget
changes.
E. PROGRAM BUDGET CHANGES. Subject to the Contract Payment Limit and subject to State
guidelines, Contractor may make changes in the total amounts set forth above for the Total
Gross Allowable Program Cost and the Total Projected Non-County Revenue, provided, however,
that Contractor has obtained written authorization prior to August 1, 1994 from the
Department's Substance Abuse Division Director, in accordance with Paragraph H. (Budget
Report) , below, before implementing any such budget changes. :
F. AGENCY PROGRAM BUDGET. Contractor shall submit to County, for informational purposes upon
request, its total Corporation budget, including: all program budgets, all revenue sources
and projected revenue amounts, all cost allocations, and line item breakdown of budget
categories to include salary levels listed by job classification as well as detailing
administrative expenses by cost center, and listing numbers of staff positions by job
classification.
G. ACCOUNTING FOR FEDERAL FUNDS. The Contract Payment Limit is funded by Federal Grant Funds.
Contractor shall:
1. Maintain a clear audit trail for the use of these federal funds;
2. Ensure that these funds are accounted for separately to document that they have been
expended; and
3. Ensure that these funds are not used to procure services from private-for-profit
providers.
H. Budget Report. No later than August 1, 1994, Contractor shall deliver a written Budget
Report to the Department's Substance Abuse Division Director stating whether or not the
budgeted amounts set forth in this Budget of Estimated Program Expenditures for the Total
Gross Allowable Program Cost and the Total Projected Non-County Program Revenue for the
contract period hereunder accurately reflect the actual cost for the service program. If
any of these program budget amounts need to be changed, Contractor shall include in its
Budget Report a complete copy of the revised Budget of Estimated Program Expenditures, an
explanation of the program budget and revenue changes, and a request for prior written
authorization to implement the changes in accordance with Paragraph E. (Program Budget
Changes) , above, subject to Special Conditions Paragraph 2. (Cost Report and Settlement) .
Initials:
2 L;Qntractor County Dept.
SERVICE PIAN
Number 24-577-5
1. Scoge of Services. Under this Contract, Contractor shall provide substance
abuse treatment services, intervention counseling, and recreational and educational
services at the E1 Pueblo Housing Development of Pittsburg. Substance abuse
treatment, intervention counseling, and educational services shall be provided at a
site furnished by the Contra Costa Housing Authority. Recreational activities shall
be provided at appropriate onsite and offsite locations and shall include field trips
and wilderness training. Contractor shall make its Service Delivery Policy, which
is incorporated herein by reference, available to the public for inspection.
2. Charges for Services. Contractor's charges for services, if allowable, to
clients, or to other persons responsible for clients, shall approximate estimated
actual cost and shall be subject to the following legal authorities: Welfare and
Institutions Code Sections 5717 and 5718; California Code of Regulations, Title 9,
Section 524; , and Health and Safety Code, Chapter 4, Section 11991.5. Contractor
shall utilize the guidelines and procedures established by the State and County for
determining client fees and payment liability, including, but not limited to, the
State's Audit Assistance Guide and Drug Program Fiscal System Manual.
3. Service Specifications. Contractor's activities hereunder will consist
of, but not be limited to, the following:
a. Outreach Activities. Contractor shall provide outreach activities for
the purpose of encouraging individuals in need of treatment for drug abuse to undergo
such treatment.
b. Primary Prevention Services. Contractor shall provide primary prevention
services which shall include, but not be limited to, the following activities:
(1) Providing information and referral services;
(2) Networking with appropriate public and private agencies;
(3) Making not less than eight (8) group and/or in-service presentations
relating to drug and alcohol prevention in County community agencies;
(4) Organizing not less than ten (10) focus groups/community educational
activities in collaboration with the Contra Costa County Housing Authority; and
(5) Developing one piece of informational/educational material relating
to drug and alcohol treatment services with Housing Authority settings.
c. Treatment Services. Contractor shall provide treatment services to
persons with substantiated drug abuse problems. Contractor shall document services
in compliance with the State's "Standards for Drug Abuse Treatment" and "Standards
for Non-Residential Alcohol Treatment". Services shall include, but not be limited
to, the following:
(1) A twelve-week intensive, outpatient program which includes client
and family orientation, client assessment, and a plan to achieve a drug/alcohol free
lifestyle.
Initials: l� -
1 Cotractor County Dept.
SERVICE PIAN
Number 24-577-5
(2) For adolescent clients, treatment services will primarily consist
of the full spectrum of youth development services available through the Pittsburg
Boys Club, Inc.
(3) Program staff will work intensively (meeting two to three times per
week) with a client and his/her family to develop a comprehensive follow-up plan which
will include outside resources as well as continued participation in the program
activities set forth in this Contract.
(4) One part-time physician will be available to provide initial medical
evaluation on each client presenting for substance abuse treatment.
(5) One part-time acupuncturist will be available to provide drug-free
detoxification services for clients screened and determined to be in need of detox
services.
(6) Urine analysis provided on a random basis with primary clients, as
an adjunctive support for treatment planning.
d. Intervention Counseling. Contractor shall provide intervention
counseling services to persons meeting the State's eligibility requirements for
receipt of intervention services. Persons must meet at least two of the following
eligibility criteria:
(1) Current, minimal drug abuse.
(2) Membership in a family or peer group in which others abuse drugs.
(3) Current behavioral or emotional problems.
Contractor shall document intervention counseling services in accordance with the
State's "Standards for Prevention Programs."
e. Recreational Services.
Contractor shall provide recreational services to persons with drug abuse
problems and to their family members and concerned others. Services shall include,
but not be limited to:
(1) Field trips and wilderness training at appropriate offsite
locations; and
(2) Onsite services which will be coordinated with the City of Pittsburg
and the Housing Authority and which will include establishing a track team and a
summer day camp for children ages six (6) through twelve (12) .
f. Opiate Detoxification Services. Contractor shall provide a County-
approved program of outpatient opiate detoxification services for not less than
clients.
Initials: I
2 C,ointractor County Dept.
SERVICE PIAN
Number 24-577-5
g. Communicable Disease Counseling. Contractor shall provide communicable
disease counseling and referral services in accordance with County's Substance Abuse
Division Communicable Disease Policies and Procedures Manual, or as otherwise
specified by County's Substance Abuse Division Director.
4. Service Unit Definition. In the report required by Paragraph 7. (Performance
Reports) of this Service Plan, Contractor shall separate the total number of service
units rendered into the following categories: (1) primary prevention service units;
(2) intervention service units; and (3) treatment service units. Service units shall
be calculated as set forth below.
a. Primary Prevention Service Units. The number of primary prevention units
of service shall be calculated by multiplying the number of Contractor's paid
professional staff in attendance at a primary prevention activity by the number of
clients/community participants in attendance.
b. Intervention Service Units. The number of intervention units of service
shall be calculated in accordance with the definition and parameters of a treatment
unit of service set forth in the Drug Program Fiscal System manual, Units of Service -
Outpatient Care. An intervention unit of service is a person-to-person visit,
regardless of time, which results in a record of therapeutic experience in an
individual's service record. Telephone contacts are not reportable as units of
service.
c. Treatment Service Units. The number of treatment units of service shall
be calculated in accordance with the definition and parameters of a treatment unit
of service set forth in the Drug Program Fiscal System Manual, Units of Service -
Outpatient Care. A treatment unit of service is a person-to-person visit, regardless
of time, which results in a record of therapeutic experience in a client's service
record. Telephone contacts are not reportable as units of service.
In addition to reporting units of service, Contractor shall report the units of time
spent on intervention and treatment services in accordance with the criteria set forth
in the Drug Program Fiscal Systems Manual.
5. Number of Service Units. Subject to sufficient referrals by County and other
authorized referral sources, Contractor shall provide for County between July 1, 1993
and August 31, 1994, not less than 1,500 treatment units of service, 2,000
intervention units of service, and 1,000 primary prevention units of service. Not
more than 40% of the intervention service units, nor more than 40% of treatment
service units shall be rendered in individual (one-to-one) counseling sessions.
6. Program Obyectives and Performance Evaluation. Contractor shall provide the
above program services so as to achieve the service program objectives set forth in
the Department's Contract Performance Plan for this Contract which is on file in the
Department's Substance Abuse Division office and which is incorporated herein by
reference. Contractor's performance under this Contract shall be evaluated by County
on the basis of:
a. The degree to which each specified service program objective was actually
achieved, and
Initials:
3 Co�ftractor County Dept.
SERVICE PIAN
Number 24-577-5
b. The total number of service units that were actually provided by
Contractor hereunder.
7. Performance Reports. Contractor shall prepare and submit to County such
periodic performance progress reports as may be required by County's Health Services
Department Director or his designee. No later than October 31, 1994, or 60 days
following the termination of this Contract, whichever comes first, Contractor shall
prepare and submit to County a Annual Contract Performance Report, in the form and
manner prescribed by County's Department Director, or his designee.
8. Clearance for Physicians and Clinical Psychologists. Prior to hiring as an
employee (or otherwise procuring the services of or contracting with) any physician
or licensed psychologist to provide services under this Contract, Contractor shall
make a formal inquiry to the California State Board of Medical Quality Assurance
(BMQA) pursuant to Section 805.5 of the California Business and Professions Code in
order to determine whether or not that person has been denied staff privileges, has
been removed from a medical staff, or has had his or her staff privileges or license
restricted, suspended, or revoked, as provided by Section 805 of the Business and
Professions Code. Contractor shall make such inquiry regarding any physician or
licensed psychologist who is currently employed by or under contract with Contractor,
if Contractor has not yet made such inquiry. Should Contractor obtain an adverse
report from BMQA regarding any physician or psychologist and should Contractor still
desire to employ or contract with such person to provide services under this
Contract, Contractor shall notify County's Substance Abuse Division Director within
15 working days subsequent to obtaining an adverse report on such a person and at
least 15 working days prior to allowing such a person who is newly employed or
retained to start work.
9. Service Program Administration and Fiscal Management. Contractor shall
administer the service program covered by this Contract as a separate organizational,
administrative, and fiscal activity and shall keep this program separate and distinct
from other activities. Contractor shall establish and maintain a fiscal management
system of cost center accounts so that funds provided by this Contract will not be
co-mingled with or used in Contractor's other activities which are not covered by this
Contract.
10. Maintenance of Effort. Contractor hereby assures and certifies that it will
maintain services, programs, and activity levels which existed prior to receipt of
funds under this Contract and that funds received under this Contract will supplement,
not supplant, pre-existing expenditures for drug prevention, treatment, and
rehabilitation services.
Initials:
4 Contractor County Dept.
SPECIAL CONDITIONS
Number 24-577-5
1. Novation. The parties having entered into a prior Contract #24-577-4 for
the period from February 1, 1993 through June 30, 1993 (which contained provision for
an automatic three-month contract extension for the period from June 30, 1993 through
September 30, 1993) , County and Contractor hereby agree to substitute this Contract
#24-577-5 for the aforesaid three-month automatic contract extension. Effective July
1, 1993, all contract rights and obligations of the parties will be governed by this
Contract #24-577-5.
2. Cost Report and Settlement. Paragraph 7. (Cost Report and Settlement)
of the Payment Provisions is hereby modified in its entirety to read as follows:
"a. Due Date and Procedure. No later than August 15, 1994
under this Contract (or as otherwise may be prescribed by
County) , or 45 days following the termination of this
Contract, whichever comes first, Contractor shall prepare and
submit to County for each specified period hereunder a cost
report in the form and manner prescribed by County, showing
the total gross allowable program costs which have actually
been incurred by Contractor for the respective period and the
total non-County program revenues which have actually been
collected and provided by Contractor for the respective
period, in accordance with the Budget of Estimated Program
Expenditures. If any of said cost reports show that the
Final Program Reimbursement Amount (as defined below) of
allowable costs for the respective period which have actually
been incurred by Contractor during said period exceed the
payments made by County for said period pursuant to Paragraph
2.d. (Payment Amounts) of the Payment Provisions, County will
remit any such excess amount to Contractor, but not to exceed
the Net Allowable Contract Cost (Contract Payment Limit)
specified on Line C. of the Budget of Estimated Program
Expenditures. If any of said cost reports show that the
payments made by County for said period pursuant to Paragraph
2.d. (Payment Amounts) of the Payment Provisions exceed said
Final Program Reimbursement Amount of allowable costs for the
respective period which have actually been incurred by
Contractor under this Contract during said period, Contractor
shall remit any such excess amount to County.
The Final Program Reimbursement Amount for cost report and
settlement purposes shall be defined as either (1) the total
gross allowable program costs which have actually been
incurred by Contractor hereunder during the respective
period, or (2) the Total Gross Allowable Program Cost amount
for that respective period as specified on Line A.2. in said
Budget, whichever is less, minus the total non-County program
revenues which have actually been collected and provided by
Contractor for the program during said period ending June
30th, computed in accordance with the Budget of Estimated
Program Expenditures.
b. Penalty For Late Submission of Cost Report. County may
withhold up to 100% of any Contract payment which is due and
payable to Contractor during September, 1994 hereunder, or
Initials: --�i5---�
�
1 CqtT( ractor County Dept.
SPECIAL CONDITIONS
Number 24-577-5
of any Contract payment which is due and payable to
Contractor for the final month of the Contract if the
Contract is terminated, pending submission of the cost report
specified in Subparagraph a. , above. Upon receipt of said
cost report, in a form and manner acceptable to the Health
Services Director or his designee, County shall release to
Contractor any payment amount which has been withheld by
County, subject to settlement of the Final Program
Reimbursement Amount as set forth in Subparagraph a. , above."
3. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this
Contract, unless this Contract is terminated by either party pursuant to Paragraph
5. (Termination) of the General Conditions prior to June 30, 1994, the term of this
Contract shall be automatically extended from June 30, 1994 through December 31, 1994.
During its extended term, this contract is nevertheless subject to all the terms and
conditions applicable during its initial term, including but not limited to General
Conditions Paragraph 5. (Termination) , except as to payment for services rendered
during the extended term. The purpose of this automatic six-month extension is to
allow for continuation of services as specified in this Contract, to avoid
interruption of payment to Contractor, and to allow County time in which to complete
a novation or renewal contract for Contractor and County Board of Supervisors
approval. As to any such six-month extension:
a. The Contract Payment Limit, specified in Paragraph 4. (Payment
Limit) of this Contract, is increased by $107,925 (the six-month Payment Limit) and
County's total payments to Contractor for said extension period shall not exceed this
six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal
contract.
b. County shall pay Contractor a one-time-only payment of $17,987
payable upon demand on or after July 1, 1993, and thereafter, monthly payments in
accordance with Payment Provisions as set forth in Payment Provisions Paragraph 2.
(Payment Amounts) , subparagraph d. , subject to the six-month Payment Limit specified
above.
C. Contractor shall continue to provide services as set forth in the
Service Plan, subject to any amendments thereto; all service units (set forth in the
Service Plan and/or Special Conditions) shall be prorated for the six-month period,
and line item budget amounts shall be as set forth in the Extension Period Budget of
Estimated Program Expenditures, which is incorporated herein by reference.
d. In addition to the cost report specified in Paragraph 7. (Cost
Report and Settlement) of the Payment Provisions, as amended by these Special
Conditions, Contractor shall also submit to County, no later than 60 days following
termination of this Contract as extended, an extension geriod cost report covering
the period of this six-month extension. County and Contractor shall follow the cost
report and settlement procedures specified in above-referenced Paragraph 7. (Cost
Report and Settlement) of the Payment Provisions, subject to the six-month Payment
Limit specified above for the contract extension period.
e. This six-month contract extension shall be subject to any further
agreement (novation) which Contractor and County may enter into covering the provision
of services during the contract period immediately following the contract period
Initials:
2 C tractor County Dept.
SPECIAL CONDITIONS
Number 24-577-5
specified in Paragraph 3. (Term) , in accordance with Contra Costa County's current
revision of the project specified in Paragraph 8. (Project) .
4. Ownership and Disposition of Property and Equipment. Equipment and
capital expenditure items with a purchase price of 500 or more and a useful life of
at least one year shall be defined as nonexpendable property. Items with a purchase
price of less than $500 or a useful life of less than one year shall be defined as
expendable property. Subject to these definitions, the acquisition, utilization, and
disposition of expendable and nonexpendable property shall be determined in accordance
with the principles and statements set forth in Federal Management Circular FMC 74-7
(Attachment N) , a Federal General Services Administration publication dated September
13, 1974; references contained therein to the federal government, federal agencies
or "grantor" shall be construed to mean "County" and references to "grantee" shall
be construed to mean "Contractor." Upon termination of this Contract, or as otherwise
may be prescribed by County, Contractor shall account for and transfer to County all
remaining expendable and nonexpendable property (including supplies and equipment)
loaned by County for use by Contractor or acquired with Contract funds (excluding
items which are not fully depreciated or which are purchased with outside non-County
revenues) in accordance with Federal or State regulations and/or guidelines prescribed
by County, and County shall retain full ownership of all such property.
5. Protection of Property and Equipment. Throughout the term of this
Contract, and any modification or extension thereof, Contractor shall:
a. Cooperate with County in tagging and appropriately identifying all
program property and equipment loaned by County for use by Contractor or acquired with
Contract funds.
b. Establish a property management control system to ensure adequate
safeguards to prevent loss, theft, or damage to property, and maintain all equipment
in good working repair at all times.
C. Investigate, fully document, and immediately report to appropriate
police agencies and/or County any loss, theft, or damage to property and equipment.
Contractor shall repair or replace all such items within 60 days with items of
comparable quality and value.
d. Maintain accurate records of all equipment and other such property
loaned by County for use by Contractor or acquired with Contract funds, including
property description, identification numbers, acquisition date and cost, source,
location, use, condition and disposition.
6. Third-Party Payment Liability. Contractor shall be solely responsible
for any payments due from Contractor to third :.parties or for any liabilities,
obligations, or commitments of Contractor arising from Contractor's performance of
this Contract, including, but not limited to, any payments that Contractor may owe
to contractors or other suppliers for goods and services received by Contractor in
the operating, equipping, altering, remodeling, renovating, or repairing of
Contractor's program and facilities established under this Contract. In no event
shall County be responsible for any payments due from Contractor to third parties or
for any liabilities, obligations, or commitments of Contractor arising from
Contractor's performance of this Contract.
Initials:
3 Con ractor County Dept.
SPECIAL CONDITIONS
Number 24-577-5
7. Professional Liability Insurance Requirements. The provision of
professional liability insurance coverage by Contractor is optional at Contractor's
sole discretion subject to General Conditions Paragraph 18. (Indemnification) .
8. Endorsements. Contractor shall not in its capacity as a contractor with
Contra Costa County publicly endorse or oppose the use of any particular brand name
or commercial product without the prior approval of the Board of Supervisors. In its
County contractor capacity, Contractor shall not publicly attribute qualities or lack
of qualities to a particular brand name or commercial product in the absence of a
well-established and widely-accepted scientific basis for such claims or without the
prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product, even if Contractor
is not publicly endorsing a product, as long as the Contractor's presence in the
advertisement can reasonably be interpreted as an endorsement of the product by or
on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may
express its views on products to other contractors, the Board of Supervisors, County
officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
Initials: '✓
4 C tractor County Dept.
Contra Costa County Standard Foam 1/87
GENERAL CONDIT1iONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local
laws and regulations applicable with respect to its performance under this Contract, including but not
limited to, licensing, employment and purchasing practices; and wages, hours and conditions of
employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract
are subject to monitoring, inspection, review and audit by authorized representatives of the County, the
State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized
representatives of the County, the State of California, and the United States Government, the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost Report;
for any further period that is required by law; and until all Federal/State audits are complete and
exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records
available to authorized representatives of the County, the State of California, and the United States
Government.
b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written
request and until the expiration of four years after the furnishing of services pursuant to this Contract,
make available to the Secretary of Health and Human Services or to the Comptroller General, or any of
their duly authorized representatives, this Contract and books, documents, and records of Contractor
that are necessary to certify the nature and extent of all costs and char95
ges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value
or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the
effect that upon written request and until the expiration of four years after the furnishing of services
pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or
to the Comptroller General, or any of their duly authorized representatives, the subcontract and books,
documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this Contract,
a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to
the preparation of each such document or written report. This section shall apply only if the payment
limit under this Contract exceeds $5,000.
1
Conitra Costa County Standard Form 1/87
GENERAL CONDI'T'IONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written
mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder.
In the event of such termination, the County may proceed with the work in any reasonable manner it
chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum
due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject
matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing,
Ming, or regulatory changes, may be developed and set forth in a written Informal Agreement between
the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be
amendments to this Contract except to the extent that they further detail or clarify that which is already
required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this
Contract, including any sums of money to be paid the Contractor as provided herein. Informal
Agreements may be approved and signed by the head of the County Department for which this Contract
is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval,
by its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and
the Service Plan may be amended by a written administrative amendment executed by the Contractor
and the County Administrator or his designee, subject to any required State or Federal approval,
provided that such administrative amendments may not materially change the Payment Provisions or the
Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing by the
head of the County Department for which this Contract is made or his designee or in accordance with
the applicable procedures (if any) required by the State or Federal Government.
2
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of
Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this
Contract shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections
or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the
whole or any part of said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby
estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and
representatives of Contractor. The Contractor shall not enter into subcontracts for any work
contemplated under this Contract and shall not assign this Contract or monies due or to become due,
without the prior written consent of the County Administrator or his designee, subject to any required
State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent contractors and
is not intended to and shall not be construed to create the relationship between the parties of agent,
servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall
not make, participate in making, or in any way attempt to use the position afforded them by this
Contract to influence any governmental decision in which he or she knows or has reason to know that
he or she has a financial interest under California Government Code Sections 87100, et seq., or
otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates,
agents and employees to comply with all applicable State or Federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of persons served under this Contract, their
records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any
public officer or agency in connection with the administration of or relating to services provided under
this Contract will be confidential, and will not be open to examination for any purpose not directly
connected with the administration of such service.
3
Coutra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or disclosed, any list
of persons receiving services, except as may be required in the administration of such service. Contractor
agrees to inform all employees, agents and partners of the above provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized by law may be guilty
of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract
shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or
ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship
or instruction.
18. Indemnification. The Contractor shall defend, indemnify,save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any damages, sickness, death,
or injury to person(s) or property, including without limitation all consequential damages, from any cause
whatsoever arising directly or indirectly from or connected with the operations or services of the
Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys'
fees, the County may make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this indemnification provision
applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
a. Liabilitv Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of$500,000 for all damages, including consequential damages, due to bodily injury, sickness or
disease, or death to any person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional insureds as to all services performed by Contractor under this agreement.
Said policies shall constitute primary insurance as to the County, the State and Federal Governments,
and their officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s)
of insurance evidencing liability and worker's compensation insurance as required herein no later than
the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire
either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy
at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
4
Contra Costa County Standard Form 1187
GENERAL CONDITIONS
(Purchase of Services)
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes
of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General
Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Contract will be purchased by County
under a new contract following expiration of termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such services from
Contractor.
23. Possessory interest. If this Contract results in the Contractor having possession of, claim to or
right to the possession of land or improvements, but does not vest ownership of the land or improvements
in the same person, or if this Contract results in the placement of taxable improvements on tax exempt
land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory
interest subject to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue
& Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any
comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this
Contract may provide some aid or assistance to members of the County's population, it is not the
intention of either the County or Contractor that such individuals occupy the position of intended third-
party beneficiaries of the obligations assumed by either party to this Contract.
25. Copvrights and Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such
and the Contractor agrees not to copyright such material. If the material is copyrighted, the County
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such
materials, in whole or in part, and to authorize others to do so.
5