HomeMy WebLinkAboutMINUTES - 02231993 - 1.84 _. ,
TO: ? BOARD OF SUPERVISORS
Contra
FRO M: Mark Finucane, Health Services Director
By: Elizabeth A. Spooner, Contracts Administrator Costa
DATE: February 8, 1993 County
SU BJECTApproval of Contract #24-664 with FamiliesFirst, Inc. for Intensive In-Home Family
Preservation Services
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, Standard Contract #24-664 with FamiliesFirst, Inc. , in the amount of
$102,896 for the period from January 1, 1993 through June 30, 1994 for provision of
short term intensive in-home family preservation services for families in which at
least one child is at risk of psychiatric hospitalization. This document includes
a six-month automatic contract extension from June 30, 1994 through December 31,
1994 in the amount of $34,319.
II. FINANCIAL IMPACT:
This Contract is funded in the Health Services Department Budget for FY 1992-93 and
will be included in the Department's Budget projections for FY 1993-94, as follows:
FY 1992-93 FY 1993-94
(1/93-6/93) (7/93-6/94)
$ 27,000 $ -0- Federal AB 2476 ADAMHA Grant Funds
-0- 64,000 Federal SAMHSA Grant Funds
7.259 4.637 County/Realignment Funds
$ 34,259 $ 68,635 Fiscal Year Payment Limit
TOTAL CONTRACT PAYMENT LIMIT S 102.896
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
In 1988 the County established the Interagency Family Preservation Program to divert.
minors from out-of-home placement. FamiliesFirst, Inc. was the non-profit agency
chosen to provide the needed "family preservation" services. This behavior-based,
family-centered treatment model emphasizes teaching skills to families in crisis so
they can more effectively function on their own.
During the first three years of this program, families referred by County's Social
Services, Probation and Health Services (Mental Health Division) Departments
received services. When grant funding from the McConnell Clark Foundation ended,
the Health Services Department lost access to this program. This Contract
reinstates participation by the Department, utilizing a different funding source.
Approval of this Contract will put into place an important component of the system
of services for high risk youth and enable us to better serve these youths and their
families in a clinically effective and cost effi ient manner
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM D TION OF.BOA COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED X, 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
Lorna Bastian OF SUPERVISORON THE DATE SHOWN.
Contact: ratrT, Rotteh (313=6411)
CC: Health Services (Contracts) ATTESTED �7 -3
Risk Management Phil Batchelor,Clerk of the Ifoird of
Auditor-Controller Supervisors and County Administrator
Contractor L
M382
/7-83 BY DEPUTY
Contra Costa County Number 24-664
, . Standard Form 1/87 STANDARD CONTRACT , Fund/Org # 5952
(Purchase of Services)�j , 8 4 Account # 2320
1. Contract Identification.
Department: Health Services - Mental Health Division
Subject: Short-term, Intensive In-Home Family Preservation Program
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: FamiliesFirst, Inc.
Capacity: Nonprofit California corporation Taxpayer ID # Not Applicable
Address: 1909 Galileo Court, Davis, California 95616
3. Term. The effective date of this Contract is January 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 $102,896.
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. Project. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
County's current Performance Contract with the State Department of Mental Health,
Federal SAMHSA Block Grant Revision and Federal ADAMHA Block Grant Application for FY
1992-93, and any modifications or revisions thereof, copies of which are on file in the
administrative offices of County's Mental Health Division.
9. Legal Authority. This Contract is entered into under and subject to the following legal
authorities: California Government Code §§ 26227 and 310000.
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 Supe i rs and unty Administrator
By X `�G \ By-
Chairman/Desi nee Deputy
_ CONTRACTOR
Gnt,44e Boa,;,/
"Dell
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by tvo officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or the assistant secretary (Civil Code
Section 1190 and Corporations Code Section 313). All signatures must be acknovledged as set forth on page tvo.
Standard Form 1/87
Costa County ppPROVAI-S/ACKNO�DGEnNT
Contra Number264
App..- gul
FORM APPROVED
RECOi•4'IENDED BY
DEPART11ENT
By
By Designee
AppROVED: COUNTY ADMINISTRATOR
By
ACS G�NT
ACy,NODGEMENT (By Corporation,
or Individual)
PartnershiP,
STATE OF CALIFORNIA On this..ter-*............day of.5�.b r t4 a j...................in the year
ss. 1.� 3................................. ,before me,
COUNTY OF CQf1-�'.ra-.004,7...... '
...V.Q,.�.e r.ja.....D,.�e i.�h.e.r.......,a Notary Public,State of California,
duly licensed and sworn,personally appeared. a mos..4•.-..La r(.e.ac.r
..........................................................................
EV:Y'r'R:1ED.
A L SEAL personally known to me(or proved to me on the basis of satisfactory evidence)
. BELCHER to be the person who executed the within instrument as11C ChIfORN1A or on behalf of the corporation therein named and acknowledged to me that
OSTA COUNTYsuch corporation executed the within instrument pursuant to its by-laws or a
.p.res Jan 1S.199A
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the............................County of.eorrfr ,.0,o$hN
This nocument is orvy a tyenwai toren rh.ch may be proper for use in simple ..................... on the date set forth above in this certificate.
aahsaohons anc in no ray acts or is rmerweo to ao.as a suosolute for the U t J /f f,'1
adv"of a+attorney The prime,noes not make any ran anty, me neither express or rmpea as toW(Vl•/•ix._ V
tapai vaiwrry,of any provt wn or the sur adfity of these forms in any spell¢uansacuon
Cowdery's Form No. 28—Acknowledgement to Notary Public— Notary Public, State of California
Corporation (C. C. Secs. 1190-1190.1(—(Rei•. 1183) boy commission expires l-V&44 W4 15� (moi 91_q
_ COMM.1(95TM5
» 't •'j Notary Pubtic.CaHtxn+s
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comm.expires FEB 27,1996 -2"
Cont=a Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-664
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
[ J 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.
[R] d. 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
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) .
Initials:
Contractor County Dept.
1
1,'
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-664
( ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other
than hospitals.
[ j 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.
or
(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 specified 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.
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) dams 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
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Contractor County Dept.
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Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-664
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 Audits. 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.) . Contractor shall submit a separate
annual fiscal year audit covering each fiscal year period ending June 30th under this
Contract. Contractor shall submit 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 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.
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 Re¢ulations. 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 Cost Reporting/Data Collection Manual, Chapter II
(Accounting Standards and Guidelines) , as issued by the State Department of Mental
Health. 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
$300 (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.
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number: 24-664
A. GROSS OPERATIONAL BUDGETS
1/1/93 - 6/30/93 7/1/93 - 6/31/94
6-Month Budget 12-Month Budget
1. COST REIMBURSEMENT CATEGORIES
a. PERSONNEL SALARIES & BENEFITS (Direct Costs)
(1) Associate Executive Director* $ 1,294 $ 2,587
(2) Program Supervisor 2,780 5,560
(3) Therapists 16,750 33,500
(4) Secretarial Staff 791 1,682
(5) Fringe Benefits 5.620 11.265
(6) SUBTOTAL AMOUNT $ 27,235 $ 54,594
b. OPERATIONAL COSTS (Direct Costs)
(1) Office Supplies/Postage** $ 55 $ 110
(2) Telephone 440 880
(3) Mileage 1,266 2,532
(4) Conference & Training 58 115
(5) Printing 23 45
(6) Recruitment 114 227
(7) Office Lease 545 1,090
(8) Utilities 138 276
(9) Building Maintenance & Supplies** 55 109
(10) Equipment Lease 64 127
(11) Emergency Family Financial Assistance 2,250 4.500
(12) SUBTOTAL AMOUNT $ 5,008 $ 10,011
C. INDIRECT COSTS (SUBTOTAL AMOUNT)*** 2.016 4,032
2. TOTAL GROSS ALLOWABLE PROGRAM COST 34,259 68,637
B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE
(To be collected and provided by Contractor)
1. Clients Fees and Insurance $ -0- -0-
2. Grants & Subventions -0- -0-
3. Donations -0- -0-
4. Other (Specify: ) -0- -0-
5. TOTAL PROJECTED NON-COUNTY PROGRAM REVENUES $( -0-) $( -0-)
C. NET ALLOWABLE FISCAL YEAR COST 34,259 68,637
(Fiscal Year Payment Limits)
TOTAL CONTRACT PAYMENT LIMIT $102,896
Initials:
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1 Contractor County Dept.
BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number: 24-664
* Second line supervisors and above and administrative staff who have no direct client service
responsibilities; administrative staff who also have direct service responsibilities are
to have their salaries split in proportion to the estimated time spent on direct service
and on administrative activities.
** Subject to State limits.
*** Includes liability insurance.
D. CHANGES IN COST CATEGORY AMOUNTS. Subject to each Fiscal Year Payment Limit, and subject
to State guidelines, each cost category Subtotal Amount set forth in Section A. 1. , above;
1. May vary by 15% without approval of County; and
2. May be changed in excess of 15% in any fiscal year provided, however that Contractor
has obtained prior written authorization from the Department's Mental Health Division
Director before implementing any such budget changes.
E. PROGRAM BUDGET CHANGES. Subject to each Fiscal Year 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 Program Revenue, provided,
however, that Contractor has obtained written authorization Prior to May 1 of each fiscal
year period under this Contract from County's Mental Health 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 of
operational and administrative expenses by cost center and listing numbers of staff
positions by job classification.
G. SEPARATE FISCAL YEAR PAYMENT LIMITS. Adjustments in County's total payment to Contractor,
in accordance with Payment Provisions Paragraph 7. (Cost Report and Settlement) , shall be
limited to each Fiscal Year Payment Limit set forth in Paragraph C. (Net Allowable Fiscal
Year Cost) , above; funds budgeted for one fiscal year period may not be transferred or
expended under the other fiscal year period.
H. BUDGET REPORT. No later than April 28th of each Fiscal Year period under this Contract,
Contractor shall deliver a written Budget Report to the Department's Mental Health Division
Director, or his/her designee, stating whether or not the budgeted amounts set forth in the
Budget of Estimated Expenditures for the Total Gross Allowable Program Cost, the Total
Projected Non-County Program Revenue, and the Net Allowable Program Cost for the respective
fiscal year period hereunder accurately reflect the actual cost for the 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) , set forth above, subject to Special Conditions Paragraph 1. (Cost Report and
Settlement) .
Initials:
2 Contractor County Dept.
SERVICE PLAN
Number: 24-664
1. Scope of Services. Under this Contract, Contractor shall provide a program of short-
term, intensive in-home, family-based professional services based on the Intensive Family
Preservation Program (IFPP) Model, for County-referred clients (families) in accordance with
County's Request for Proposal (RFP) #1020, and Contractor's Proposal, (dated August 25,
1988) , which are on file in the offices of County's Mental Health Division and are
incorporated herein by reference. Contractor shall provide services in accordance with this
Contract and the criteria for receipt of services contained herein. Contractor shall make
its Service Delivery Policy, which is incorporated herein by reference, available to the
public for inspection.
2. Charges for Services. Contractor shall not charge any fee to or claim reimbursement
from any clients, or persons responsible for clients, for services rendered under this
Contract.
3. Service Specifications. During the term of this Contract, Contractor shall provide
professional IFPP services to families residing in Contra Costa County in which (a) at least
one child is at risk of hospitalization, or (b) at least one child is hospitalized and
discharge planning is contingent upon IFPP intervention. Contractor's program and staff
shall be based at its facility located at 180 E. Leland Road, Pittsburg, and Contractor
Contractor's activities shall include, but may not be limited to, the following:
a. Hiring and training an appropriate number of supervisory and first-line staff to
implement this Contract;
b. Providing time-limited (4 - 5 weeks) , intensive (5 - 20 hours per week) crisis
intervention to County-referred clients. Cases may be extended beyond five weeks, subject
to County approval, on a case-by-case basis; C,<.
C. Assigning trained, Masters-level, iktherapists to be available to provide
in-home services on a 24-hour, seven days per week basis, as needed, and to work with each
family through an assessment phase, a treatment phase (including follow-up) and a termination
phase;
d. Assigning a back-up therapist, subject to County approval, in the event of
temporary absence due to illness or vacation leave of the clients' regularly assigned
therapist;
e. Working together with County Mental Health Staff, County's clients, and
applicable community-based organizations to develop plans for ongoing services;
f. Providing a program using a family-centered approach in an effort to divert
minors from out-of-home placement through the following activities:
(1) Providing assessment of the problem areas and strengths of each family;
(2) Defusing explosive family situations;
(3) Structuring situations to assure family members are safe from harm
stemming from abuse, neglect and family violence;
Initials:
Contractor County Dept.
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SERVICE PIAN
Number: 24-664
(4) Assuring that the family's basic needs are met;
(5) Providing a range of services necessary to achieve goals and meet family's
needs (i.e. , skills training, brief individualized therapy, brief family
therapy, advocacy, etc.) ;
(6) Coordinating services with existing service providers; and
(7) Meeting with the family and agencies providing support services to develop
a plan to keep the family safely together.
g. Notifying County's Mental Health Director, or his/her designee, when Contractor
is able to accept additional referrals.
h. Maintaining individual client case files in the form and manner required by
County.
i. Subject to the approval of County's Mental Health Director, developing a
curriculum and facilitating the training of County-selected staff in the family-centered
approach and "family-based" intervention strategies which staff may use in their own work
settings.
4. Mandated Reporting Requirements. Contractor shall comply with requirements and
procedures established by State, County and Federal governments for reporting of child abuse,
dependent adult, elder abuse and sexual abuse. In addition, Contractor shall develop and
maintain policies and procedures to assure compliance with the above referenced reporting
requirements and shall provide County with evidence that all of Contractor's staff are
trained with regard to these policies and procedures.
5. Service Unit Definition. One unit of service, for reporting purposes, shall be defined
as the provision of face-to-face client contact, face-to-face or telephone collateral contact
and /or telephone intervention with clients for one hour, by one of Contractor's clinical
staff providing services hereunder. Portions of an hour shall not be reported, except as the
cumulative totals equal one full hour. Time spent in staff/administrative meetings, travel,
setting appointments, report-writing, and other such activities involving no service and time
spent by Contractor's clerical or administrative staff, volunteers, or other such program-
support persons shall not be reported.
6. Number of Service Units. Subject to sufficient referrals by County, Contractor shall
provide intensive in-home services to not less than 24 families per FTE therapist, and shall
provide not less than 1.200 units of service, as follows:
a. 300 units of service shall be provided to not less than six (6) families for the
period January 1, 1993 - June 30, 1993; and
b. 900 units of service shall be provided to not less than 18 families for the
period July 1, 1993 - June 30, 1994.
Initials: LA�
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SERVICE PLAN
Number: 24-664
7. Program Objectives 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
Mental Health Division 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
b. The total number of service units that were actually provided by Contractor
hereunder.
8. Performance Re-ports. 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 August 31 of each fiscal year period under this
Contract, or 60 days following the termination of this Contract, whichever comes first,
Contractor shall prepare and submit to County an Annual Contract Performance Report, in the
form and manner prescribed by County's Department Director, or his/her designee.
10. Clearances 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 so notify County's Mental Health Director in writing 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.
11. Maintenance of Effort. Contractor shall not use any funds provided by this Contract
to supplant, substitute for, or otherwise replace any other funds that Contractor may have
been expending or otherwise using to support Contractor's activities of any kind.
Initials:
Contractor County Dept.
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SPECIAL CONDITIONS
Number 24-664
1. Cost Re-port 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, following the end of each
fiscal year period 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 Payment Provisions
Paragraph 2. (Payment Amounts) , 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 Payment
Provisions Paragraph 2. (Payment Amounts) 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 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. "
2. 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
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SPECIAL CONDITIONS
Number 24-664
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 $34,319 (the six-month Payment Limit) and County's total payments
to Contractor for said six-month extension shall not exceed this six-month Payment Limit,
subject, nevertheless, to the aforesaid novation or renewal contract.
b. County shall pay Contractor monthly payments in accordance with Payment
Provisions Paragraph 2. (Payment Amounts) , 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 shall be prorated for the six-month
period, and line item budget amounts (set forth in the Budget of Estimated Program
Expenditures) shall be prorated for the six-month period.
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 period 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 specified in Paragraph
3. (Term) , in accordance with Contra Costa County's current revision of the project specified
in Paragraph 8. (Project) .
3. Insurance Requirements. General Conditions Paragraph 19. (Insurance) is hereby replaced
by a new Paragraph 19. to read as follows:
"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:
a. Liability Insurance. The Contractor shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles, with a minimum combined
single limit coverage of $1,000,000 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-
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SPECIAL CONDITIONS
Number 24-664
insurance program(s) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies.
b. Professional Liability Insurance. Contractor shall provide and keep in
effect a policy or policies of professional liability insurance including coverage against
errors and omissions (malpractice) with a minimum coverage limit of $1,000,000 per occurrence
for all damages resulting from professional services provided by Contractor under this
Contract.
C. Workers' Compensation. The Contractor shall provide workers' compensation
insurance coverage for its employees.
d. 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.
e. 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. "
4. 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.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(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 charges 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. ReRorting 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.
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GENERAL CONDITIONS
(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, billing, 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.
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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.
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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.
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.
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GENERAL CONDITIONS
(Purchase of Services)
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' or 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. Copyrights 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.
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