HomeMy WebLinkAboutMINUTES - 01051993 - 1.51 • x . 51
TO: BOARD OF SUPERVISORS
FROM:Mark Finucane, Health Services Director Contra
By: Elizabeth A. Spooner, Contracts AdministratorCosta
DATE: December. 15, 1.992 County
SUBJECT: Approval of Novation Contract #24-711-30 with
Center for Human Development
SPECIFIC REQUESTS) OR RECOMMENDATION(S) 8c BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute oft
behalf of the County, Novation Contract #24-711-30 with Center for Human
Development, in the amount of $192 , 620, for the period from July 1, 1992
through June 30, 1993 , for alcohol and drug abuse prevention and
community mental health outreach services. This document includes a
six-month automatic contract extension from June 30, 1993 through
December 31, 1993 with a payment limit of $96, 459 .
II. FINANCIAL IMPACT:
This Contract is funded in the Health Services Department Budget (Org.
#5915, #5936, and #5952) for Fiscal Year 1992-93 by Federal Block Grant
Funds and County/Realignment Funding, estimated as follows:
$ 52 , 540 Federal Alcohol Program Block Grant (Cat. #93 . 992)
52 , 540 Federal Drug Program Block Grant (Cat. #93 . 992)
£17, 540 County/Realignment Funding
$192,620 Contract Payment Limit
The Contract Payment Limit includes a $5, 619 cost-of-living increase
(3%) and a one-time-only reduction of $298 for the FY 1992-93 Rape
Crisis and Battered women's Programs in accordance with the directives
of the Board of Supervisors.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On January 28, 1992 , the Board of Supervisors approved Novation Contract
tt24-711-28 (and subsequently authorized the County Administrator to
execute Administrative Amendment Agreement #24-711-29) with Center for
Human Development for Fiscal Year 1.991-92 , with an automatic extension
through December 31, 1992 , for prevention services in elementary
schools, supportive services to strengthen families, and community-based
prevention services, particularly in the poorest and highest-need areas
of the County.
Novation Contract #24-711-30 replaces the six-month automatic extension
under the prior contract.
CONTINUED ON ATTACHMENT: YESLi�7
SIGNATURE: /
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TI N OF BOARD COM ITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED �� OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: Chuck Deutschman (313-6350) OF SUPERVISORS ON THE DATE SHOWN.,
CC: Health Services (Contracts) ATTESTED )
Risk Management Phil helor,C rk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
Mee2/7-ee 13Y _ DEPUTY
- Contra Costa County Number 24-711-30 + ' 5
Standard Form 1/87 STANDARD CONTRACT Fund/Org # 5915/5936/5952
(Purchase of Services) Account # 2320
1. Contract Identification. NOVATION CONTRACT Other #
Department: Health Services - Substance Abuse Division and Mental Health Division
Subject: Alcohol and other drug abuse prevention and community mental health
outreach services
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. 1993 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $192,620.
5. County's Obligations. County shall make to the Contractor those payments described in
the Payment Provisions attached heretowhich 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. Pro ect. 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 Drug Abuse and Alcoholism Annual Program Plans and Budgets
and County's current Performance Contract with the State Department of Mental Health,
and any modifications or revisions thereof, copies of which are on file in the
admin'i'strative offices of the Department's Substance Abuse and Mental Health Divisions.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Sections 26227 and 53703; Health and
Safety Code, Section 11750 et seq. and Division 10.5, Parts I and III, Chapter 4,
Sections 11812 and 11980 et seq; Welfare and Institutions Code, - Section 5170 et seq. ,
and Division 5, Part 2, Section 5600 et seq. ; California Code of Regulations, Title 9,
Subchapter 3, Section 500 and 523 et seq. ; and Section 9698 et seq. ; and Title 22.
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 eputy
CONTRACTOR
By . :� bC 4 - By —Ae.
(Designate business capacity A) (Designate business capacity B)
Rote to Contractor: For corporations (profit or non profit), 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 assistance secretary (Civil Code 51190
and Corporations Code 5313). All signatures must be acknovledged as set forth on page tvo.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-711-30
APPROVALS
RECOMMENDED BY PARTMENT FORM APPROVED
By t ..� - By
Designee
APPROVED: COUNTY ADMINISTRATOR
By l
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 representatives) 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:
[Notarial Seal]
Jacqueline D. Pigg /Deputy County erk
Deputy County Clerk '
Contra Costo Cour , CA
-2-
Contta Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-711-30
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. PaXment 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]
[ j a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. An amount equal to Contractor's allowable costs that are actually incurred
each month, but subject to the "Budget of Estimated Program Expenditures"
included in the Service Plan.
[R] d. 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:
(1) A one-time-only payment of $21,200 payable upon demand on or after
July 1, 1992; and
(2) Monthly payments in an amount equal to Contractor's net allowable
contract costs which have actually been incurred and/or paid by
Contractor each month (i.e. , reimbursement in arrears for actual
expenditures) , computed in accordance with and subject to the
attached Budget of Estimated Program Expenditures which is
incorporated herein by reference. For allowable contract costs
which are actually incurred in a given month, but for which invoices
are not on hand, Contractor shall include estimates of such costs in
its payment Demand (Form D-15) for said month, and Contractor shall
increase or decrease each subsequent month's Demand to adjust for
any resulting over- or under-payments, subject to the Contract
Payment Limit.
3. Allowable Costs. Contractor's allowable costs are only those which are determined in
accordance with:
[Check applicable alternative]
[ ] a. Department of Health and Human Services Administration of Grants Federal
Regulations Title 45 Part 74 including any amendments thereto and the
applicable Subpart listed hereunder; and other documents specified in the
Service Plan regarding principles for determining and allocating the
allowable costs of providing the services; and any standards set forth in
the Service Plan for determining the allowability of selected items of
costs of providing the services.
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Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-711-30
[ ] Federal Management Circular A-87, including any amendments to the
circular published in the Federal Register by OMB is to be used for
determining allowable costs of activities conducted by state and
local governmental agencies.
[ ] OMB Circular A-122, including any amendments to the Circular
published in the Federal Register by OMB is to be used for
determining allowable costs of activities conducted by nonprofit
organizations (other than government agencies, educational
institutions, and hospitals) .
[ ) 41 CFR Subpart 1-15.2 shall be used for profit organizations other
than hospitals.
[ ] OMB Circular No. A-21, including any amendments to the Circular
published in the Federal Register by OMB shall be the principles to
be used for determining allowable costs by educational institutions
(other than for-profit institutions) .
[ ] Appendix E Subpart Q Section 74.173 shall be used for determining
costs of research, development work, and other activities for
determining allowable costs.
[R] b. Such State regulations and documents as are set forth in the Service Plan
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 lof 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
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-Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-711-30
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following the
termination of this Contract, Contractor shall submit to County a cost report in the
form required by County, showing the allowable costs that have actually been incurred
by Contractor under this Contract. If said cost report shows that the allowable costs
that have actually been incurred by Contractor under this Contract exceed the payments
made by County, subject nevertheless to the payment limit of this Contract, County will
remit any such excess amount to Contractor, provided that the payments made, together
with any such excess amount, may not exceed the contract payment limit. If said cost
report shows that the payments made by County exceed the allowable costs that have
actually been incurred by Contractor under this Contract, Contractor shall remit any
such excess amount to County.
8. Audits. The records of the Contractor may be audited by the County, State, or United
States government, in addition to any certified cost report or audit required by the
Service Plan. Any certified cost report or audit required by the Service Plan shall be
submitted to County by Contractor within such period of time as may be expressed by
applicable State or Federal regulations, policies or contracts, but in no event later
than 18 months from the termination date of this Contract. If such audit(s) show that
the payments made by County exceed the allowable costs that have actually been incurred
by Contractor under this Contract, including any adjustments made pursuant to Paragraph
7. (Cost Report and Settlement) above, then Contractor shall pay to County within 30
days of demand by County any such excess amount. If such audit(s) show that the
allowable costs that have actually been incurred by Contractor under this Contract
exceed the payments made by County, including any adjustments made pursuant to
Paragraph 7. (Cost Report and Settlement) , then County agrees to pay to Contractor any
such excess amount, provided that the payments made, together with any such excess
payment, may not exceed the contract payment limit.
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.
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Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-711-30
10. Audit Exceiptions. In addition to its obligations under Paragraph 8. (Audits) above,
Contractor agrees to accept responsibility for receiving, replying to, and/or complying
with any audit exceptions by appropriate County, State or Federal audit agencies
occurring as a result of its performance of this Contract. Contractor also agrees to
pay to the County within 30 days of demand by County the full amount of the County's
obligation, if any, to the State and/or Federal government resulting from any audit
exceptions, to the extent such are attributable to the Contractor's failure to perform
properly any of its obligations under this Contract.
11. State Cost Regulations. Pursuant to Paragraph 3. (Allowable Costs) above, 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; the Drug Program Fiscal
System Manual, Chapter II (Accounting Standards and Guidelines) including Table I (Drug
Program Reimbursement Standards) , as issued by the Division of Drug Programs of the
State Department of Alcohol and Drug Programs; and the Alcohol Services Reporting
System Manual for County Alcohol Programs as issued by the State Department of Alcohol
and Drug Programs (Division of Alcohol 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 $300 (or as otherwise may be authorized by
the State) , except that part of such costs which can reasonably be charged to
depreciation.
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BUDGET- OF ESTIMATED PROGRAM EXPENDITURES
Fiscal Year 1992-93
Number 24-711-30
A. GROSS OPERATIONAL BUDGET
1. COST REIMBURSEMENT CATEGORIES 12-MONTH FISCAL YEAR PERIOD
a. PERSONNEL SALARIES & BENEFITS (Direct Costs) :
(1) Program Staff Salaries $109,470
(2) FICA 8,375
(3) Worker's Compensation Insurance 2,340
(4) SUI 1,633
(5) Health Insurance 7,134
(6) Retirement 4,043
(7) Disability 495
(8) SUBTOTAL AMOUNT $133,490
b. OPERATIONAL COSTS (Direct Costs)
(1) Space/Utilities(Water, PG&E, etc.) 9,330
(2) Phones 2,200
(3) Staff Travel/Mileage 2,331
(4) Training/Conference 152
(5) Food/Public Relations 526
(6) Books 100
(7) Supplies** 1,980
(8) Printing 600
(9) Postage 975
(10) Equipment Rental 1,000
(11) Equipment Repair/Maintenance 1,850
(12) Accounting/Personnel 17,709
(13) Depreciation 955
(14) Insurance 1,502
(15) Audit 2.322
(16) SUBTOTAL AMOUNT $ 43,532
C. INDIRECT COSTS (Subtotal Amount)* 24.848
2. TOTAL GROSS ALLOWABLE PROGRAM COST $201,870
B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE
(To be collected and provided by Contractor)
1. Client Fees and Insurance -0-
2. Grants & Subventions -0-
3. Donations -0-
.4. Training Fees 9.250
5. TOTAL PROJECTED NON-COUNTY PROGRAM REVENUE 9,250)
C. NET ALLOWABLE FISCAL YEAR COST (Fiscal Year Payment Limit $192,620
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BUDGET- OF ESTIMATED PROGRAM EXPENDITURES
Fiscal Year 1992-93
Number 24-711-30
* Includes general and automobile liability insurance coverage costs.
** Subject to State limits [See Payment Provisions Paragraph 11. (State Cost
Regulations) ] .
D. CHANGES IN COST CATEGORY AMOUNTS. Subject to the Fiscal Year Payment Limit and to
State guidelines, each cost category Subtotal Amount set forth in Section A,1. above:
1. May vary by up to 15% in any fiscal year without approval by County; and
2. May be changed in excess of 15% in any fiscal year period provided,
however, that Contractor has obtained written authorization prior to April
5th of each Fiscal Year period under this Contract from the Department's
Substance Abuse Division Director or his designee before implementing any
such budget changes.
E. PROGRAM BUDGET CHANGES. Subject to the 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 April
5th of. each fiscal year period under this Contract from the Department's Substance
Abuse Division Director or his designee, 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. DETERMINATION OF INDIRECT COSTS. Contractor shall determine its indirect costs under
this Contract in accordance with generally accepted accounting principles, including,
but not limited to, the allocation of indirect costs to each of Contractor's cost
centers proportionately based: (1) on the ratio of each cost center's direct salary
costs to the total direct salary costs for all cost centers combined, or (2) on the
ratio of each cost center's direct costs to the total direct costs for all cost centers
combined, subject to State cost regulations, standards, and guidelines set forth in
Payment Provisions Paragraph 11. (State Cost Regulations) . Contractor's total
allowable indirect costs under this Contract shall not exceed2S 4.848 as set forth on
Budget Line A.l.c. above.
H. BUDGET REPORT. No later than April 5th of each fiscal year under this Contract,
Contractor shall deliver a written Budget Report to the Department's Substance Abuse
Division Director or his designee stating whether or not the budgeted amounts set forth
in this Budget of Estimated Program Expenditures for the Total Gross Allowable Program
Cost and the Total Projected Non-County Program Revenue for the 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
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BUDGET. OF ESTIMATED PROGRAM EXPENDITURES
Fiscal Year 1992-93
Number 24-711-30
complete copy of a revised Budget of Estimated Program Expenditures, an explanation of
the program budget and revenue changes, and a request for prior written authorization
to implement the changes in accordance with Paragraph E. (Program Budget Changes)
above, subject to Special Conditions Paragraph 2. (Cost Report and Settlement) .
I. TOTAL PROGRAM SERVICE SUMMARY.
FISCAL YEAR 1992-93
GROSS PROGRAM NET PROGRAM
PARENT NO. RCHMND PARENT NO. RCHMND
EDUCATOR COMM ACTN EDUCATOR COMM ACTN
SERVICE PRGRM AREA PRGRM* PRGRM TOTAL PRGRM* PRGRM TOTAL
COST:
(1) Alcohol Prgrm. Svc $31,957 $ 35,333 $ 67,290 $28,874 $ 35,333 $ 64,207**
(2) Drug Prgrm. Svc 31,957 35,333 67,290 28,874 35,333 64,207**
(3) MH Prgrm. Svc 31.957 35.333 67.290 28.874 35.333 64.206
TOTALS $95,871 $105,999 $201,870 $86,621 $105,999 $192,620
SERVICE UNITS:
(1) Alcohol Prgrm. Svc 450 666 1,116 360 666 1,026
(2) Drug Prgrm. Svc 450 667 1,117 360 667 1,027
(3) MH Prgrm. 'Svc 450 667 1.117 360 667 1.027
TOTALS 1,350 2,000 3,350 1,080 2,000 3,080
* o includes Cooperative Violence Prevention Activities
** includes $ 52.540 in Federal Block Grant Funds (Fed. Cat. #93.992)
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SERVICE PLAN
Number 24-711-30
1. Scope of Services. Under this Contract, Contractor shall provide community-oriented
preventive health services which address drug and alcohol abuse, mental health (including
violence) , and related physical health risks. Clients shall include the general public,
public and private human services agencies, schools, community organizations, and youth
groups in all areas of the County. Contractor shall makes its Service Delivery Policy, which
is incorporated. herein by reference, available to the public for inspection.
2. Charges for Services. Contractor's charges for services, if allowable, to clients, or
to other persons responsible for clients, shall not exceed estimated actual cost and shall
be subject to the following legal authorities: Health and Safety Code Sections 11841 and
11991.5, Welfare and Institutions Code Sections 5717 and 5718; California Code of
Regulations, Title 9, Section 524; and Health and Safety Code, Chapter 4, Section 11991.5.
Contractor shall utilize the guidelines and procedures established by the State and County
for determining client fees and payment liability, including but not limited to the "Uniform
Method for Determining Ability to Pay" (UMDAP) as issued by the State Department of Mental
Health and such other guidelines as may be issued by the State Department of Alcohol and Drug
Programs. The parent, parents or legal guardian of a minor who is between the ages of 12 and
17, inclusive, and who receives services under this Contract, shall be liable for payment of
the charges for such services only to the extent permitted by Civil Code Sections 25.9 and
34.10.
3. Service Specifications. Under this Contract, Contractor shall provide community-
oriented preventive health services which shall include, but may not be limited to the
following:
a. Parent Educator Program. The purpose of this program is to prevent and reduce
the risk factors associated with the use of alcohol and other drugs; to prevent violence and
other mental health problems among children grades K-6; to educate parents about preventing
such problems; and to support and promote the protective factors associated with parent
involvement in the prevention process including community-based advocacy activities. In
cooperation with community volunteers, Contractor shall provide staff and other resources to
accomplish the following service objectives, which shall include, but may not be limited to,
the following:
(1) To support previously trained parent/community volunteers to continue to
deliver a drug and alcohol prevention program in county schools, grades K-
6, including East County, Contractor shall:
(a) Conduct a five-hour training program for new site coordinators;
(b) Organize a network of coordinators, conduct meetings of
coordinators, distribute resource materials, and provide technical
assistance; and
(c) Conduct a 5 1/2 hour recertification training program for returning
parent volunteers.
(2) To train new parent volunteers in schools currently offering the Parent
Educator Program throughout the County, Contractor shall:
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SERVICE PLAN
Number 24-711-30
(a) Conduct a 21-hour training program for new parent volunteers to
enable parent volunteers to present 10-16 hours of instruction in
decision-making, refusal skills, self-esteem, peer relationship,
problem solving, and coping skills, as well as alcohol and other
drug information; and
(b) Organize a network of coordinators, conduct meetings of
coordinators, distribute resource materials, and provide technical
assistance.
(3) To support parents who train others in this Parent Educator Program in
order to make this model available throughout the County, Contractor
shall:
(a) Update the training manual to reflect current prevention theories,
and incorporate feedback from trainers and trainees;
(b) Conduct a recertification training program for returning trainers;
and
(c) Organize a trainers network.
(4) To support healthy parenting by training parents in strengthening family
ties, Contractor shall:
(a) Conduct "Strengthening Family Ties" workshops which focus on
communication and family management skills and prevention
information for parents of elementary school age students; and
(b) Develop strategies to link "Strengthening Family Ties" workshops
with the classroom Parent Educator Program.
(5) To provide volunteer leadership in planning community-based prevention
events and activities, and to network with other County and community
agencies involved in alcohol and other drug abuse and mental health
related prevention efforts, particularly related to County's Action Plan,
Contractor shall:
(a) Facilitate representation on community and school-based task forces
with emphasis on local and regional Action Plan groups; and
(b) Provide trainers for United Way Workplace and Parenting for
Prevention training during the period from July 1, 1992 through
December 31, 1992.
(6) To provide for quality assurance in achieving the above program
objectives, Contractor shall design and implement a specific plan for
program evaluation and shall prepare a summary report regarding parent
training and participation, including determining the number of classes
conducted by each new parent trainee. Contractor shall submit a copy of
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SERVICE PLAN
Number 24-711-30
this summary report to County's Contract Monitor as part of the Annual
Performance Report specified in Paragraph 7. (Performance Reports) , below.
(7) To provide cooperative Violence Prevention Activities during the period
from July 1, 1992 through December 31, 1992:
(a) On behalf of the Alternatives to Violence and Abuse Coalition
(AVAC) , Contractor shall conduct 6 presentations on prevention and
alcohol and other drug abuse, violence, and mental health problems;
(b) Contractor shall invite representatives of workplace prevention
programs to Contractor's Parent Educator meetings to inform school
coordinators and parent educators about workplace prevention
activities; and
(c) Contractor shall invite representatives of AVAC to North Richmond
Community Action Project group meetings and activities to
disseminate AVAC information to Community Action Project
participants.
(8) Contractor shall include in the Contract Performance Plan, specified in
Paragraph 6. (Program Objectives and Performance Evaluation) , below, a
projection of:
(a) The number of returning parents to be trained under Paragraph
8.a. (1) above, and
(b) The number of new parents to be trained under Paragraph 8.a. (2)
above.
b. North Richmond Community Action Program. The purpose of this program is to
increase the resources available to North Richmond families, children, and youth in order to
promote their healthy development; to lower, for community youth, the known risk factors
associated with the abuse of alcohol and other drugs, violence, and other mental health
problems; to promote protective factors; and to increase a sense of pride in the community
as a whole and in individual community members' feelings about themselves and their families.
North Richmond residents are defined as those persons living within the northern area of the
city of Richmond, as well as those living within the County area adjoining the northern
boundaries of the city.
Contractor shall provide staff and other resources to accomplish service objectives which
include, but may not be limited to, the following:
(1) In cooperation with other community groups, Contractor shall conduct a
high visibility community education campaign publicizing the problems of
violence, alcohol and other drug abuse, the risk factors associated with
these problems, and state-of-the-art strategies and activities to prevent
them. This campaign shall be conducted as specified in the Contract
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3 Contractor Cou /Dept.
SERVICE PLAN
Number 24-711-30
Performance Plan set forth in Paragraph 6. (Program Objectives and
Performance Evaluations) , below.
(2) Contractor shall train parents, particularly those who reside in North
Richmond, in a prevention-oriented parenting curriculum geared to the risk
factors related to the use of alcohol and other drugs and to the risk
factors related to conflict and violence. Contractor shall use the
curriculum "Strengthening Family Ties" developed and copyrighted by the
Center for Human Development in 1987, a copy of which is on file in the
administrative office of the Department's Substance Abuse Division.
Contractor shall adapt its curriculum to specifically meet the needs of
the North Richmond Community and ensure it is appropriate in terms of the
community's unique socio-economic structure and culture.
i(3) Contractor's staff, and volunteers supervised by Contractor, shall
facilitate ongoing support/advocacy/action groups for parents and youth.
The groups shall meet weekly at Contractor's North Richmond Office located
at 1410 Kelsey Street. Contractor shall advocate participation by group
members in community problem-solving and volunteer activities as specified
i in the Contract Performance Plan set forth in Paragraph 6. (Program
Objectives and Performance Evaluation) , below, to include participation in
the West County Action Plan Partnership meetings and activities.
I
(4) As set forth in the Contract Performance Plan specified in Paragraph 6.
(Program Objectives and Performance Evaluation) , below, Contractor shall
develop an ongoing campaign, targeting local businesses and corporations,
to generate donations of owner and employee time, money, space, and other
resources for prevention-related activities to youth and North Richmond
community residents.
1(5) Contractor shall make available to individuals and families residing in
North Richmond the resources and expertise of at least 15 community
organizations or service providers. Contractor shall invite participation
`I by community organizations and service providers in community workshops
and provide a physical location where direct services can be provided to
North Richmond residents.
I(6) Contractor's staff and volunteers supervised by Contractor, shall organize
an ongoing Alternative Activities program, or latchkey program, for youth
of the North Richmond community as specified in the Contract Performance
Plan set forth in Paragraph 6. (Program Objectives and Performance
Evaluation) , below.
4. Service Unit Definition. One (1) service unit is defined as the provision of direct
client and community contact services as described above by one (1) paid program staff member
for one (1) .full hour, excluding all related planning, organization, and preparation time,
and administrative meetings, travel, report writing, and other such administrative
activities.
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4 Contractor County Dept.
SERVICE PLAN
Number 24-711-30
5. Number of Service Units. Under this Contract, Contractor shall provide for County a
total of not less than 3.500 units of service, allocated as follows:
Alcohol/Drug Mental Health
Service Units Service Units
a. Parent Educator Activities 900 450
b. North Richmond Community Action Program 1.333 667
Minimum Total Number of Service Units 2,233 1,117
6. Program Objectives and Performance Evaluation. Contractor shall provide its 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 administrative offices
of the Department's Substance Abuse and Mental Health Divisions 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.
7. Performance Reports. Contractor shall prepare and submit to County such periodic
performance progress reports as may be required by County's Health Services Department
Director or his designee. No later than August 1, 1993, 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 designee.
8. Administrative Meetings. Contractor shall attend regular administrative meetings as
required by County.
9. 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 each program separate and distinct from its other
activities. Contractor shall establish and maintain a fiscal management system of cost
center accounts so that funds provided by this Contract will not be co-mingled with or used
in Contractor's other activities which are not covered by this Contract.
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5 Contractor County Dept.
SPECIAL CONDITIONS
Number 24-711-30
1. Novation. The parties having entered into a prior Contract #24-711-28, as amended by
Administrative Amendment Agreement #24-711-29, for the period from July 1, 1991 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 #24-711-30 for the aforesaid six-month automatic contract extension.
Effective July 1, 1991, all contract rights and obligations of the parties will be governed
by this Contract #24-711-30.
2. Cost Report and Settlement. Paragraph 7. (Cost Report and Settlement) of the Payment
Provisions is hereby modified in its entirety to read as follows:
"a. Due Date and Procedure. No later than August 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 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 non-County
program revenues which have actually been collected and provided by Contractor 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 during said fiscal year period exceed
the payments made by County for said period as set forth in Paragraph 2.d. (Payment
.Amounts) of the Payment Provisions, County will remit any such excess amount to
Contractor, but not to exceed the Net Allowable Fiscal Year Cost (Fiscal Year Payment
Limits) 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 fiscal year period
pursuant to Paragraph 2.d. (Payment Amounts) of the Payment Provisions exceed said
Final Program Reimbursement Amount of allowable costs for the respective fiscal year
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 the total gross allowable program costs which have actually been incurred
by Contractor hereunder during the respective fiscal year period, minus the total non-
County program revenues which have actually been collected and provided by Contractor
for the program during said fiscal year 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 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,
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SPECIAL CONDITIONS
Number 24-711-30
subject to settlement of the Final Program Reimbursement Amount as set forth in
Subparagraph a. , above."
3. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract,
unless this Contract is terminated by either party pursuant to Paragraph 5. (Termination) of
the General Conditions prior to June 30, 1993, the term of this Contract shall be
automatically extended from June 30, 1993 through December 31, 1993. 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 $96,459 (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 payment of $21,200 payable upon
demand on or after July 1, 1993, and thereafter, monthly payments in accordance with Payment
Provisions as set forth in Payment Provisions Paragraph 2.d. (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 set forth in the Service Plan 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) .
4. Ownership and Disposition of Property and Equipment. Equipment and capital expenditure
items with a purchase price of 100 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 100 or a useful
life of less than one year shall be defined as expendable property. Subject to these
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SPECIAL CONDITIONS
Number 24-711-30
definitions, the acquisition, utilization, and disposition of expendable and nonexpendable
property shall be determined in accordance with the principles and statements set forth in
Federal Management Circular FMC 74-7 (Attachment N) , a Federal General Services
Administration publication dated September 13, 1974; references contained therein to the
federal government, federal agencies or "grantor" shall be construed to mean "County" and
references to "grantee" shall be construed to mean "Contractor. " Upon termination of this
Contract, or as otherwise may be prescribed by County, Contractor shall account for and
transfer to County all remaining expendable and nonexpendable property (including supplies
and equipment) loaned by County for use by Contractor or acquired with Contract funds
(excluding items which are not fully depreciated or which are purchased with outside non-
County revenues) in accordance with Federal or State regulations and/or guidelines prescribed
by County, and County shall retain full ownership of all such property.
5. Protection of Property and Equipment. With regard to any property and/or equipment
loaned to Contractor by County or acquired with contract funds under this Contract,
Contractor shall:
a. Cooperate with County in tagging and appropriately identifying all program
property and equipment loaned by County for use by Contractor or acquired with Contract
funds.
b. Establish a property management control system to ensure adequate
safeguards to prevent loss, theft, or damage to property, and maintain all equipment in good
working repair at all times.
C. Investigate, fully document, and immediately report to appropriate police
agencies and/or County any loss, theft, or damage to property and equipment. Contractor
shall repair or replace all such items within 60 days with items of comparable quality and
value.
d. Maintain accurate records of all equipment and other such property loaned
by County for use by Contractor or acquired with Contract funds, including property
description, identification numbers, acquisition date and cost, source, location, use,
condition and disposition.
6. Third-Party Payment Liability. Contractor shall be solely responsible for any payments
due from Contractor to third parties or for any liabilities, obligations, or commitments of
Contractor arising from Contractor's performance of this Contract, including, but not limited
to, any payments that Contractor may owe to contractors or other suppliers for goods and
services received by Contractor in the operating, equipping, altering, remodeling,
renovating, or repairing of Contractor's program and facilities established under this
Contract. In no event shall County be responsible for any payments due from Contractor to
third parties or for any liabilities, obligations, or commitments of Contractor arising from
Contractor's performance of this Contract.
7. Professional Liability Insurance Requirements. The provision of professional liability
insurance coverage by Contractor is optional at Contractor's sole discretion subject to
General Conditions Paragraph 18. (Indemnification) .
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SPECIAL CONDITIONS
Number 24-711-30
8. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa
County publicly endorse or oppose the use of any particular brand name or commercial product
without the prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not publicly attribute qualities or lack of qualities to a particular brand
name or commercial product in the absence of a well-established and widely-accepted
scientific basis for such claims or without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,
Contractor may express its views on products to other contractors, the Board of Supervisors,
County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
i
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Contractor Co my 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.
i
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 $10,000 or more over a twelve-month period, such subcontract shall
contain a clause to the effect that upon written request and until the expiration of four
years after the furnishing of services pursuant to such subcontract, the subcontractor shall
make available, to the County, to the Secretary or to the Comptroller General, or any of
their duly authorized representatives, the subcontract and books, documents, and records of
the subcontractor that are necessary to verify the nature and extent of all costs a$d charges
thereunder.
i
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.
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 in 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.! 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. CoRyriehts and Rights in Data. Contractor shall not publish or transfer any
materials produced or resulting from activities supported by this agreement without the
express written consent of the County Administrator. If any material is subject to
copyright, the County reserves the right to copyright such and the Contractor agrees not to
copyright such material. If the material is copyrighted, the County reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials,
in whole or in part, and to authorize others to do so.
5