HomeMy WebLinkAboutMINUTES - 01051993 - 1.5 (3) TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, 'Health Services Director
Contra
By: Elizabeth A. Spooner, Contracts Administrator C^c}�
DATE: December 4, 1992 County
SUBJECT: Approval of Novation Contract #24-301-24 with Center for Human � �`1
Development
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 #24-301-24 with Center for Human Development, for
substance abuse prevention services for a two-year period from July 1, 1992
through June 30, 1994, with a payment limit of $165,444. This Contract includes
a six-month automatic extension from June 30, 1994 through December 31, 1994,
with a total payment limit of $41,361.
II. FINANCIAL IMPACT:
This Contract is funded 100% by State Drug Abuse Block Grant Funds for the
"School-Based Community Primary Prevention Program" and the Federal "School-Based
Prevention Grant" . No County match is required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The County!s School-Community Primary Prevention Program has been funded by the
State since 1983. In addition, the County receives Federal funds to provide
prevention services to high risk youth.
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This Contractor has been providing substance abuse prevention services under an
automatic extension of the FY 1991-92 contract. Novation Contract #24-301-24
replaces the six-month automatic extension under the prior contract. This
Novation Contract is for a two-year period in accordance with the policy of the
Board established June 27, 1989, for contracts with non-profit agencies.
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CONTINUED ON ATTACHMENT: YES SIGNATURE: Q
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT ON OF BOARD C MMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDEDOTHER
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
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Chuck Deutschman (313-6350)
CC: Health Services (Contracts) ATTESTED
Risk Management Phil 66fielor,CIA of the Board of
Auditor—Controller Suvervisors and County Admiristrator
Contractor
M3e2/7-e3 BY �lQ � i� DEPUTY
Contra Costa County STANDARD CONTRACT 1 . 50 ' Dumber 24-301-24
"Standard Form 1/87 (Purchase of Services) Fund/Org # 5936
NOVATION Account # 2320
Other #
1. Contract Identification.
Department: Health Services - Substance Abuse Division
Subject: School-Based Community Primary Prevention Project: Youth Educator Program
(State SCPPP) and "High Risk Youth" Project (Federal DFSC)
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: CENTER FOR HUMAN DEVELOPMENT
Capacity: Nonprofit California corporation Taxpayer ID # Not Applicable
Address: 391 Taylor Boulevard, #120, Pleasant Hill, California 94523
3. Term. The effective date of this Contract is July 1. 1992 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 $165.444.
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:
Current Contra Costa County Annual Drug Abuse Services/Program Plan and Budget and any
modifications or revisions thereof, a copy of which is on file with the offices 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 Sections 26227 and 53703.
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
By By
Chairman/Designee D ty
CONTRACTOR
By By
1 CJ
Tc,�r�rc�
(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 assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures must be aeAaorledged as set forth on page two.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-301-24
APPROVALS
RECOMMENDED DEPARTMENT FORM APPROVED
d4o
/ G w.By c� f By
Designee
APPROVED: COUNTY ADMINISTRATOR
By o1
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: �:%�-C.i yw Ll f I C�
[Notarial Seal]
Jacqueline 0. Pigg
�,ty County Clak u is Deputy Coun Clerk
Contra Costa C'cujqgy.cA
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Contra Costa County
• PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-301-24
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 Dayments 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]
[ ] 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. As set forth in Paragraph 1. of the Service Plan.
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) .
[ ] 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) .
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Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts).
Number 24-301-24
[ ] 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
shallisubmit 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.
6. Ri¢htlto 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 Re-port 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.
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Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-301-24
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.
10. Audit Exce tions. 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.
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11. state 'Cost Regulations. Pursuant to Paragraph 3. (Allowable Costs) of the Payment
Provisions, and subject to the Budget of Estimated Program Expenditures set forth
below, 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 depreciat n.
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SERVICE PLAN
Number 24-301-24
1. Payment Amounts. Subject 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:
a. A one-time-only payment of $10.000 payable upon demand on or after July 1st
of each 12-month Fiscal Year period under this Contract; and
b. Monthly payments in an amount equal to 908 of Contractor's allowable
contract costs which have actually been incurred and/or paid by Contractor each month (i.e. ,
reimbursement in arrears for 908 of 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.
2. Service Specifications. Contractor shall provide training, consultation,
technical assistance, and culturally relevant drug abuse prevention curricula to schools
participating in the State-funded Youth Educator Program. Contractor shall train Area
Coordinatorsl (school site staff and volunteers) in participating Contra Costa County middle,
junior and senior high schools. Contractor shall supervise the Area Coordinators who will
recruit, train, and supervise 475 Youth Educators in the delivery of prevention programming
to 5,300 7th and 8th graders.
Contractor shall provide enhanced school- and community-based primary prevention
services to Richmond Unified School District high risk, 7th grade students under the
federally-funded High Risk Youth Project. Federal criteria define a "high risk youth" as an
individual who is under 21 years of age, who is at high risk of becoming, or who has been a
drug or alcohol abuser, and who is economically disadvantaged, subject to the specifications
set forth in State Letter DDP #90-20 (dated 6/20/90) Section II.D. , pages 15 and 16. As 40
percent of the students in the Richmond Unified School District are living in households
receiving AFDC, 40 percent of these students have been designated as high risk youth.
Contractor will ensure that the Federal Drug Free Schools and Communities Act (DFSC) funds
provided under this contract for school-based prevention activities are limited to services
for "high risk youth" .
Contractor shall carry out program goals in accordance with the application it
submitted to the State Department of Alcohol and Drug Programs.
a. Youth Educator Program:
Contractor shall:
1. Provide information, consultation and technical assistance to
schools and communities regarding the Youth Educator Program (YEP)
and prevention issues and strategies.
2. Provide ongoing technical assistance and consultation to YEP Adult
Trainers.
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SERVICE PLAN
Number 24-301-24
3. Design and deliver a four-day training for new Adult Trainers.
4. Design and deliver a one-day Recertification Training for
experiences Adult Trainers.
5. Design and present three 3-hour workshops for Adult Trainers on
topics relevant to teen substance abuse prevention and health
promotion.
6. Design and present a one-day county-wide conference for all Youth
Educators and their Adult Trainers.
7. Provide and continuously update the Trainers Manual which shall be
utilized by the Adult Trainers Coordinators in a 40 hour course for
Youth Educators.
8. Provide, review, and revise, as necessary, the 7th and 8th grade
curricula used by Youth Educators.
9. Design and deliver five community presentations on the YEP.
10. Network with appropriate agencies and groups.
11. Develop a questionnaire to be administered to a sampling of 7th and
8th grade students to determine prevalence and type of substances
used among this population.
b. Youth Educator - High Risk Youth Program:
This program is implemented in the Richmond Unified School District (RUSD)
and is unique in that all YEP Adult Trainers are RUSD employees. The
Health Services Department of RUSD provides the Adult Trainers with
logistical and clerical support.
All training, consultation and technical assistance are provided directly
to Adult Trainers by YEP staff of the Center for Human Development.
Contractor shall: .
1. Assist the Health Services Department of RUSD in the selection of
Adult Trainers.
2. Provide ongoing technical assistance and consultation directly to
the Adult Trainers.
3. Design and conduct three 2-hour in-service training sessions for
Adult Trainers on topics relevant to health promotion and substance
abuse prevention for high risk youth.
4. Design and conduct two 3-hour trainings for high risk students on
topics relevant to health promotion and substance abuse prevention.
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. SERVICE PLAN
Number 24-301-24
5. Evaluate the effectiveness of both workshops.
6. Assist Health Services Department of RUSD in building community
involvement in YEP.
3. Service Unit Definition. The number of primary prevention units of service shall
be defined by multiplying the number of Contractor's professional staff conducting a primary
prevention activity by the number of clients/community participants in attendance. That
product is then multiplied by the hours (or quarterly fractions thereof) spent by
Contractor's staff in conducting the activity.
4. Number of Service Units. Subject to sufficient referrals by County and other
authorized referral sources, Contractor shall provide for County between July 1st and June
30th of each fiscal year period under this Contract not less than 6,500 primary prevention
units of service.
5. 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
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
b. The total number of service units that were actually provided by Contractor
hereunder.
6. 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 August 31st following the end 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
Performance Report, in the form and manner prescribed by County's Department Director, or his
designee, covering each 12-month fiscal year period ending June 30th under this Contract.
7. Service Program Administration and Fiscal Management. Contractor shall
administer the service programs covered by this Contract as separate organizational,
administrative, and fiscal activities and shall keep these programs separate and distinct
from each other and from other activities, including, but not limited to, Contractor's
Contracts #24-259 and #24-711 with the County. 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 among programs or co-mingled with or used in Contractor's other activities
which are not covered by this Contract.
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SERVICE PLAN
Number 24-301-24
8. Additional Terms and Conditions for Use of Federal Contract Funds. Funds
received by Contractor under this Contract may not be used for capital improvements; e.g. ,
purchase, construction, or permanent improvements (other than minor remodeling) of any
buildings or other facilities.
Contractor hereby assures and certifies that it will:
a. Use the Federal Drug Free Schools and Communities Act (DFSC) funds to
supplement and increase the level of local funds that would, in the
absence of such federal funds, be made available for the programs and
activities for which funds are provided, i.e. , DFSC funds cannot be used
to supplant local funds; and
b. Comply with the terms and conditions of the DFSC Act which specify that
the funds are subject to 34 CFR, Part: 74, 76, 77, 78, 79, 80, 98, 99,
and 3; and 45 CFR 75.561-75.568; with specific attention to 34 CFR Part
80, Sections 80.20 (Accounting Records) , 80.22 (Allowable Cost Criteria) ,
80.36 (Contract Provisions) , 80.42 (Retention and Access Requirements for
Records) , and 80.43 (Enforcement) .
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 24-301-24
A. GROSS OPERATIONAL BUDGET 12-MONTH FISCAL YEAR PERIOD
STATE YOUTH FEDERAL HIGH-
EDUCATOR RISK YOUTH
1. COST CATEGORIES SCPPP PROGRAM DFSC PROGRAM
a. PERSONNEL SALARIES AND BENEFITS (Direct Costs)
(1) Staff Salaries* $25,804 $18,685
(2) Benefits, FICA & Other Wage-Related
Expenses 5.161 3.737
(3) SUBTOTAL AMOUNT $30,965 $22,422
b. OPERATIONAL COSTS (Direct Costs)
(1) Space (Rent/Lease) $ 5,820 $ 1,680
(2) Utilities (Water, PG&E, etc. ) 0 0
(3) Telephone 804 585
(4) Supplies** 906 412
(5) Curriculum Supplies 0 600
(6) Staff Travel Mileage 178 129
(7) Books/Publication 58 42
(8) Training/Conference 0 0
(9) 'Postage 349 253
(10) Printing 0 2,400
(11) Equipment Repair/Maintenance 204 147
(12) Depreciation 411 297
(13) Food/Public Relations 280 0
(14) Meeting Rooms (Rental) 116 84
(15) Equipment Rental 298 215
(16) Consultants 327 303
(17) Liability Insurance 435 265
(18) Audit 413 264
(19) Accounting Personnel 4.894 3,543
(20) SUBTOTAL AMOUNT $15,493 $11,219
c. INDIRECT COSTS (SUBTOTAL AMOUNT)*** 6,852 4,962
2. TOTAL GROSS ALLOWABLE PROGRAM COST $53,310 $38,603
B. LESS 10% REQUIRED HARD MATCH FUNDS
(To be collected and provided by Contractor) -5,331 -3,860
C. NET ALLOWABLE FISCAL YEAR COST $47,979 $34,743
(Total Program Payment Limits)
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 24-301-24
* 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 (see Service Plan Paragraph 2.)
*** Includes liability insurance and audit costs.
D. CHANGES IN COST CATEGORY AMOUNTS. Subject to the Total Fiscal Year Payment Limit and to
State guidelines, each cost category Subtotal Amount set forth in Section A.1. above:
1. May vary in each program by up to 15% in any fiscal year without approval by County;
and
2. May be changed in each program in excess of 15% in any fiscal year provided, however,
that Contractor has obtained prior written authorization to April lst of each Fiscal
Year period under this contract from the Department's Drug Program Administrator
before implementing any such budget changes.
E. NET PROGRAM BUDGET SUMMARY
(County Reimbursement @ 90% of allowable program costs) 12-Month Program
Payment Limits
1. SERVICE PROGRAMS
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a. YouthiEducator Program (State SCPPP Funds) $ 47,979
b. High-Risk Youth Program (Federal DFSC Funds) $ 34.743
TOTAL FISCAL YEAR PAYMENT LIMIT $ 82.722
2. SEPARATE PROGRAM PAYMENT LIMITS. Adjustments in County's total payments to Contractor, in
accordance with the Payment Provisions and Paragraph 3. (Cost Report and Settlement of the
Special Conditions, shall be limited to each Fiscal Year Payment Limit set forth above for
each program; funds budgeted above for one service program may not be transferred to or
expended under any of the other service programs.
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. TWO-YEAR CONTRACT CONDITIONS.
1. This Contract covers two fiscal year periods as follows:
Fiscal Year Period FY Payment Limits
a. FY 1992-93 (July 1, 1992 - June 30, 1993) $ 82,722
b. FY 1993-94 (July 1, 1993 - June 30, 1994) 82.722
TOTAL CONTRACT PAYMENT LIMIT $165,444
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Number 24-301-24
2. SEPARATE FISCAL YEAR PAYMENT LIMITS. Adjustments in County's total payments to
Contractor, in accordance with the Payment Provisions and Paragraph 4. (Cost Report
and Settlement) of the Special Conditions, shall be limited to each 12-month Fiscal
Year Payment Limit set forth above; funds budgeted above for one fiscal year period
may not be transferred to or expended under the other fiscal year period.
3. LIMITATIONS AND CESSATION OF FUNDING IN FY 1993-94. In accordance with General
Conditions Paragraph 5.c. (Cessation of Funding) , continuation of this Contract beyond
June 30, 1993 is contingent upon the continuation of funding for this Contract by the
State Department of Alcohol and Drug Programs. If the Federal, State or other non-
County funding for this Contract ceases, this Contract is terminated without notice.
This Contract is valid and enforceable, only if sufficient funds are made available
by the State Budget Act for Fiscal Year 1993-94 for the purposes of this program. In
addition, this Contract is subject to any additional restrictions, limitations, or
conditions enacted by the State Legislature which may affect the provision, terms, or
funding of this Contract in any manner.
It is mutually agreed that if the State Budget Act does not appropriate sufficient
funds for the program, this Contract shall be invalid and of no further force and
effect. In this event, County shall have no further liability to pay any funds
whatsoever to Contractor or to furnish any other considerations under this Contract,
and the Contractor shall not be obligated to perform any provisions of this Contract.
H. ACCOUNTING FOR FEDERAL FUNDS. Each Fiscal Year Payment Limit if funded by $34,743 of
Drug Free Schools and Community Act (DFSC) 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.
I. Budget Report. No later than April lst of each fiscal year period under this Contract,
Contractor shall deliver a written Budget Report to the Department's Drug Abuse
Administrator stating whether or not the budgeted amounts set forth in the attached Budget
of Estimated Program Expenditures for the Total Gross Allowable Program Cost and the Total
Required Hard Match Funds for the respective fiscal year period hereunder accurately reflect
the actual cost for each 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. (Net Program Budget Summary) , above, subject to Special
Conditions Paragraph 3. (Cost Report and Settlement) .
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SPECIAL CONDITIONS
Number 24-301-24
1. Novation. The parties having entered into a prior Contract #24-301-22 (as
amended by Contract Amendment Agreement #24-301-23) for the period from July 1, 1990 through
June 30, 1992, (which contained provision for an automatic six-month contract extension for
the period from July 1, 1992 through December 31, 1992) , County and Contractor hereby agree
to substitute this Contract #24-301-24 for the aforesaid six-month automatic extension.
Effective July 1, 1992, all contract rights and obligations of the parties will be governed
by this Contract #24-301-24.
2. Separate Fiscal Year Payment Limits and Cost-of-Living Adjustments.
a. County's total payments to Contractor under this Contract for the fiscal
year period from July 1, 1992 through June 30, 1993, shall not exceed $82,722; and County's
total payments to Contractor under this Contract for the fiscal year period from July 1, 1993
through June 30, 1994, shall not exceed $82,722.
b. The parties have not reached agreement as to whether any increase in the
County's payments to Contractor hereunder will be provided based on cost-of-living
adjustments. Such an increase in the County's payments will be provided in the event that
the Contra Costa County Board of Supervisors expressly authorizes a cost-of-living adjustment
for Contractor. In the event the Board of Supervisors expressly authorizes a cost-of-living
adjustment to this Contract before December 31 of any calendar year within which such an
increase shall become effective, such an increase shall be effective as of the preceding July
1, or as of such subsequent date as the Board of Supervisors may specify. Nothing in this
provision shall be construed to require the Board of Supervisors to authorize a cost-of-
living increase.
Vic. In the event that the Board of Supervisors authorizes a cost-of-living
increase to Contractor for this Contract, the Contract payment limit, payment provisions, and
budget provisions, in addition to State- or County-reque ired changes in other provisions, may
be modified by a written administrative amendment executed by the Contractor and the County
Administrator or his designee, to reflect such cost-of-living increase and other required
changes (if any) .
3. 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 15th 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
fiscal year period hereunder a separate fiscal year cost report for each program
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
,fiscal year period and the total hard match funds which have actually been
collected and provided by Contractor for each program for the respective fiscal
:year 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 fiscal year period which
-have actually been incurred by Contractor for each program during said fiscal
.year period exceed the payments made by County for said period pursuant to
Payment Provisions as set forth in Paragraph 1. (Payment Amounts) of the Service
Plan, County will remit any such excess amount to Contractor, but not to exceed
the Net Allowable Fiscal Year Cost (Fiscal Year Payment Limits) specified for
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Contractor County Dept.
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SPECIAL CONDITIONS
Number 24-301-24
each program on Line C. and in Section G. of the Budget of Estimated Program
Expenditures. If any of said cost reports show that the payments made by County
for said fiscal year period pursuant to Paragraph 1. (Payment Amounts) of the
Service Plan exceed said Final Program Reimbursement Amount of allowable costs
for each program for the respective fiscal year period which have actually been
incurred by Contractor for each program 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 90% of the total gross allowable program costs which have
actually been incurred by Contractor for each program hereunder during the
respective fiscal year period ending June 30th, computed in accordance with the
Budget of Estimated Program Expenditures included in the Service Plan.
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 the period
from September through December following the end of each fiscal year period
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 fiscal year 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."
4. iAutomatic 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 $41,361 (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 a one-time-only advance of $10,000 payable upon
demand on or after July 1, 1994 and thereafter, monthly payments in accordance with Payment
Provisions as set forth in Paragraph l.b. of the Service Plan, 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) and line item budget amounts (set forth in the Budget of Estimated
Program Expenditures) shall be prorated for the six-month period.
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SPECIAL CONDITIONS
Number 24-301-24
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) .
5. 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.
6. Protection of ProRerty 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.
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SPECIAL CONDITIONS
Number 24-301-24
7. 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.
8. 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) .
9. 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'slpresence 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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Contractor County Dept.
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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. 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.
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Contra Costa County Standard Form 1/87
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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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.
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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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Contra 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:
al 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 $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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Contra Costa County Standard Form 1/87
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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