HomeMy WebLinkAboutMINUTES - 12131994 - 1.64 TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director
Contra
By: Elizabeth A. Spooner, Contracts Administrat Costa
DATE: November 22, 1994 County
SUBJECT: Approval of Novation Contract #24-723-38 with
Neighborhood House of North, Richmond, Inc.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director or his designee
(Chuck Deutschman) to execute 'on behalf of the County, Novation
Contract #24-723-38 with Neighborhood House of North Richmond, Inc. ,
for the period from July 1, 1994 through June 30, 1995, with a payment
limit of $474, 300, for provision of alcohol program services.
II. FINANCIAL IMPACT:
This Contract is included in the Department's FY 1994-95 Budget and is
funded by Federal, State, and County funds, estimated as follows:
$ 211, 004 Federal
129, 344 State
133 , 952 County
$ 474, 300 TOTAL CONTRACT PAYMENT LIMIT .
III. REASONS FOR RECOMMENDATIONSIBACKGROUND:
This Contractor has been providing Alcohol Program Services for the
County under an automatic extension of the prior Contract #24-723-37.
Novation Contract #24-723-38 replaces the six-month automatic
extension under the prior contract and allows the Contractor to
continue to provide Social-Setting Detoxification and Recovery Home
Program services through June 30, 1995.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
i
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATIO OF BOARD COM ITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ONnlr� APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/UNANIMOUS (ABSENT ) !'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 DEC
Risk Management Phil Batehela,WR the Board of
Auditor-Controller Sucervisors and Ceunty Administrator
Contractor
c
M382/7-83 BY , , L.&.n.�SlJe eJ DEPUTY
31" l Wf 9 1
Contra Costa County Number 24-723-38
Standard Form 1/87 STANDARD CONTRACT Fund/Org # 5915
(Purchase of Services) Account # 2320
NOVATION
1. Contract Identification.
Department: Health Services - Substance Abuse Division
Subject: Alcohol program services (Recovery Home and Social Model
Detoxification Programs)
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: NEIGHBORHOOD HOUSE OF NORTH RICHMOND, INC.
Capacity: Nonprofit California Corporation Taxpayer ID *Not Applicable
Address: 305 Chesley Avenue, Richmond, California 94801
3. Term. The effective date of this Contract July 1. 1994 and it terminates
June 30. 1995 unless sooner terminated provided herein.
16
4. Payment Limit. County's total payments to Contract der this Contract shall not
exceed $474.300.
5. County's Obligations. County shall make to the Contractor tho payments described in
the Payment Provisions attached hereto which are incorporated ein by reference,
subject to all the terms and conditions contained or incorporated nein.
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 Substance Abuse Program Plan and Budget and any
modifications or revisions thereof.
9. Legal Authority. This Contract is entered into under and subject to. the following
legal ut�horities: California Government Code Section 26227.
10. Signatures. signatures attest the Parties' agreement hereto:
OUNTY OF CONTRA COSTA CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By By
Chairman/Designee Deputy
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two 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 aclmovledged as set forth on page two.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-723-38
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By By
Designee
APPROVED: COUNTY ADMINISTRATOR
By
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]
Notary Public/Deputy County Clerk
-2-
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-723-38
1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all
services provided for County under this Contract shall only be for costs that are
allowable costs that are actually incurred in the performance of Contractor's
obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as Drovided 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. 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 $56,900 payable upon demand on or after
July 1, 1994; 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.
Initials:
Contractor County Dept.
1
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-723-38
[ ] Federal Management Circular A-87, including any amendments to
the circular published in the Federal Register by OMB is to be used
for determining allowable costs of activities conducted by state and
local governmental agencies.
[ ] OMB Circular A-122, including any amendments to the Circular
published in the Federal Register by OMB is to be used for
determining allowable costs of activities conducted by nonprofit
organizations (other than government agencies, educational
institutions, and hospitals) .
[ ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other
than hospitals.
[ ] OMB Circular No. A-21, including any amendments to the Circular
published in the Federal Register by OMB shall be the principles to
be used for determining allowable costs by educational institutions
(other than for-profit institutions) .
[ ] Appendix E Subpart Q Section 74.173 shall be used for determining
costs of research, development work, and other activities for
determining allowable costs.
[R] b. Such State regulations and documents as are set forth in this Contract
regarding accounting guidelines, including standards for determining
allowable or non-allowable costs.
[ ] c. Part IV Department of Labor, Employment and Training administration, 20
CFR Part 674, Section 674.402 and any amendments thereto; and California
Department of Aging Title V Operations Handbook, 1987, Section 505.4 and
any amendments thereto.
4. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract .is made, or his designee, County will make payments as specified in
Paragraph 2. (Payment Amounts) above.
5. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specificed in Paragraph 4. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
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
Initials:
Contractor County Dept.
2
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-723-38
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following the
termination of this Contract, Contractor shall submit to County a cost report in the
form required by County, showing the allowable costs that have actually been incurred
by Contractor under this Contract. If said cost report shows that the allowable costs
that have actually been incurred by Contractor under this Contract exceed the payments
made by County, subject nevertheless to the payment limit of this Contract, County will
remit any such excess amount to Contractor, provided that the payments made, together
with any such excess amount, may not exceed the contract payment limit. If said cost
report shows that the payments made by County exceed the allowable costs that have
actually been incurred by Contractor under this Contract, Contractor shall remit any
such excess amount to County.
8. Annual Audit. Contractor shall provide County with an annual audit by a Certified
Public Accountant or Public Accountant, verifying the cost reports submitted under the
Payment Provisions of this Contract. Said audit shall be performed in accordance with
generally accepted audit standards, including the State's Audit Assistance Guide,
Federal OMB Circular A-110 which applies to nonprofit organizations, and the "Standards
for Audit of Governmental Organizations, Programs, Activities, and Functions" (issued
by the U.S. Comptroller General, 1972, 54 pp. ) . Payment Provisions Paragraph 8.
(Audits) notwithstanding, Contractor shall submit a separate annual fiscal year audit
covering each fiscal year period ending on June 30th under this Contract. Contractor
shall submit each such annual audit to County no later than 120 days following the end
of each fiscal year period hereunder.
9. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in
any fiscal year from any source, Contractor shall provide to County at Contractor's
expense an audit conforming to the requirements set forth in the most current version
of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000
to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall
arrange for conduct of the federally-required audit biennially and shall submit the
audit to County in the time, form, and manner required by the most current version of
Office of Management and Budget Circular A-133 and by County. If Contractor is funded
by $100,000 or more in federal grant funds in any fiscal year from any source,
Contractor shall arrange for the federally-required audit annually and shall submit the
audit to the County in the time, form, and manner required by the most current version
of Office of Management and Budget Circular A-133 and by County. Contractor is solely
responsible for arranging for the conduct of the audit, and for its cost, and County
may withhold the estimated cost of the audit or 10 percent of the contract amount,
whichever is larger, or the final payment, from Contractor until County receives the
audit from Contractor.
10. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
Initials:
Contractor County Dept.
3
Contra Costa County
PAYMENT'PROVISIONS
(Cost Basis Contracts)
Number 24-723-38
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
11. State Cost Regulations. Pursuant to Paragraph 3. (Allowable Costs) of the Payment
Provisions, and subject to the attached Budget of Estimated Program Expenditures, the
allowability of Contractor's costs which have actually been incurred under this
Contract shall be determined in accordance with applicable State regulations,
including, but not limited to, the Alcohol Services Reporting system Manual for County
Alcohol Programs as issued by the State Department of Alcohol and Drug Programs
(Division of Alcohol Program) . Allowable costs shall not include remodeling and/or
equipment purchases as to any item which has a useful life in excess of three years
and/or a value in excess of $500 (or as otherwise may be authorized by the State) ,
except that part of such costs which can reasonably be charged to depreciation.
Initials:
Contractor County Dept.
4
BUDGET OF ESTIMATED PROGRAM EXPENDITURES
FISCAL YEAR 1994-95
Number 24-723-38
FAUERSO HOLLOMON
A.GROSS OPERATIONAL BUDGETS RECOVERY HOME SOCIAL SETTING
1.COST REIMBURSEMENT CATEGORIES SOCIAL REHAB DETOX PROGRAM
a. PERSONNEL SALARIES & BENEFITS (Direct Costs)
(1) Direct Service Staff Salaries $ 45,840 $159,350
(2) Administrative & Support Staff Salaries* 29,842 27,287
(3) Unemployment Insurance 1, 193 3,213
(4) FICA (Employer's Share) 5,790 14,278
(5) Health/Dental Insurance 5,469 11,511
(6) Workers Compensation Insurance 4,742 15,572
(7) SUBTOTAL AMOUNT $ 92,786 $231,211
b. OPERATIONAL COSTS (Direct Costs)
(1) Space (Rent/Lease) $22, 068 $ 22,068
(2) Improvements/Repairs/Maintenance** 1,200 1,584
(3) Utilities (P.G. & E. /Water) 7, 193 8,193
(4) Telephone 1,800 3,800
(5) Garbage Collection 1,400 1,400
(6) Alarm Services 1,470 1,470
(7) Office Supplies** 500 1,200
(8) Household Supplies** 3 ,420 5,036
(9) Program/Recreation Supplies** 750 -0-
(10) Food 21, 170 24,300
(11) Minor Equipment Purchase/Repair** 700 2,200
(12) Major Equipment Purchase** 1,000 2,000
(13) Remodeling** -0- -0-
(14) Vehicle Operating Expenses 1,270 1,250
(15) Local -Travel 500 500
(16) Employee Training 500 800
(17) Conference/Workshop Expense 958 1,200
(18) Resident Personal Need Payments*** 3,000 500
(19) Printing/Advertisement 500 1,250
(20) Postage & Freight 750 250
(21) Bank Charges/Processing Fees 400 650
(22) License/Fees 527 950
(23) Depreciation 472 708
(24) Liability Insurance 1, 153 2,609
(25) Professional/Contractual Services 200 6,460
(26) SUBTOTAL AMOUNT $ 72,901 $ 90,378
C. INDIRECT COSTS (SUBTOTAL AMOUNT) -0- -0-
2. TOTAL GROSS ALLOWABLE PROGRAM COST $165,777 $321,589
B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE
(To be collected and provided by Contractor)
1. Client Fees and Insurance $ 10,592 $ 2,474
2. Grants and Subventions -0- -0-
3 . Donations -0- -0-
4. Other: Food Stamps -0- -0-
5. TOTAL PROJECTED NON-COUNTY PROGRAM REVENUES ($ 10,592) ($ 2,474)
C. NET ALLOWABLE FISCAL YEAR COST
(Fiscal Year Payment Limit) $ 155,185 $319,115
Initials:
1 Contractor County Dept
BUDGET OF ESTIMATED PROGRAM EXPENDITURES
FISCAL YEAR 1994-95
Number 24-723-38
* 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
*** Funded by County Funding for AGAP participants
D. CHANGES IN COST CATEGORY AMOUNTS. Subject to the Total Fiscal Year Payment
Limit for each Fiscal Year period under this Contract, subject to State
guidelines, and subject to Section E. below, each cost category Subtotal
Amount set forth within each program in Section A. 1. above and each Fiscal
Year Payment Limit for each program set forth on Line C. above and in Section
E. below:
1. May vary by up to 10% without approval by County; and
2 . May be changed in excess of 10% provided, however, that Contractor has
obtained written authorization prior to April 29th of each Fiscal Year
period under this contract from the Department's Substance Abuse Division
Director before implementing any such budget changes.
E. NET PROGRAM BUDGET SUMMARY. FISCAL YEAR
1. SERVICE PROGRAMS PAYMENT LIMITS
a. Fauerso Recovery Home/AGAP $ 155, 185
b. Hollomon Social-Setting Detox Program 319 , 115
TOTAL CONTRACT PAYMENT LIMIT $ 474 , 300
This Recovery Home Program Payment Limit includes $211, 004 in Federal
SAPT Block Grant Funds and Contractor shall maintain a clear audit trail
for the use of these federal funds and ensure that these funds are
accounted for separately.
2 . PROGRAM PAYMENT LIMIT CHANGES. The Fiscal Year Payment Limit specified
above for each program may be changed as set forth in Section D. (Changes
in Cost Category Amounts) above, subject to Section E.3 . below.
3. PROGRAM BUDGET CHANGES. Subject to the Total Fiscal Year Payment Limit
for each Fiscal Year period under this Contract and subject to State
guidelines, Contractor may make changes for each progam in the total
amounts set forth above for the Total Gross Allowable Program Cost, the
Total Projected Non-County Program Revenue, and the Fiscal Year Payment
Limit for each program, provided, however, that Contractor has obtained
written authorization prior to April 29th of each Fiscal Year period
under this Contract from the Department's Substance Abuse Division
Director in accordance with Paragraph G. (Budget Report) , below, before
implementing any such budget changes.
Initials:
2 Contractor County Dept
BUDGET OF ESTIMATED,.PROGRAM EXPENDITURES
FISCAL YEAR 1994-95
Number 24-723-38
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. BUDGET REPORT. No later than April 29, 1995, Contractor shall deliver a
written Budget Report to the Department's Substance Abuse Division Director
stating whether or not the budgeted amounts set forth in the Budget of
Estimated Program Expenditures for the Total Gross Allowable Program Cost and
the Total Projected Non-County Program Revenue for the respective fiscal year
period hereunder accurately reflect the actual cost for the service program.
If any of these program budget amounts need to be changed, Contractor shall
include in its Budget Report a complete copy of the revised Budget of
Estimated Program Expenditures, an explanation of the program budget and
revenue changes, and a request for prior written authorization to implement
the changes in accordance with Paragraph E. (Program Budget Changes) , above,
subject to Special Conditions Paragraph 2 . (Cost Report and Settlement) .
Initials:
3 Contractor County Dept
SERVICE PLAN
Number 24-723-38
1. Scope of Services. Contractor shall provide Social-Setting Detoxification services and
Recovery Home Program services at its State-certified facility(ies) located in Richmond,
California. Contractor shall make its admissions policy, which is incorporated herein by
reference, available to the public for inspection.
2. Charges for Services. Contractor's charges for services, if allowable, to clients, or
to other persons responsible for clients, shall approximate estimated actual cost.
3. Service Specifications. During the term of this Contract, Contractor shall provide
alcoholism program services as follows:
a. Social-Setting Detoxification Program. Contractor shall provide social-setting
detoxification services under this program at its State-certified residential facility known
as the Jessie Willis Hollomon Detoxification Center (located at 208 23rd Street, Richmond,
California) which is designated by the County Board of Supervisors as a facility for 72-hour
treatment and evaluation of inebriates pursuant to the provisions of Welfare and Institutions
Code Section 5170, and which shall be maintained by Contractor for the purposes specified in
the W & I Code Section 5170. Contractor's facility will be available at all times for use
by County as specified herein.
(1) Program Operation. Contractor shall appropriately equip and staff its
facility to provide meals, snacks, beds, laundry and toilet facilities, secured storage for
the clients' personal belongings, 72-hour care and treatment, and information and referral
services regarding other community resources and programs. The primary objective of
Contractor's program shall be to provide a supportive atmosphere in which a client can
recover from the toxic effects of alcohol and to provide the same individual with information
regarding alternatives to alcohol abuse. Additionally, Contractor shall provide the client
with an opportunity to reach a state of sobriety in a supportive, non-medical, non-
institutional setting with the help of other clients and Contractor's staff, comprised in
part of sober alcoholics. If any client demonstrates symptoms of illness other than simple
intoxication, Contractor will send that client to a licensed medical facility for immediate
evaluation of and care for that medical problem. Costs for such medical evaluation are not
covered under the terms of this Contract.
(2) Criteria for Receipt of Social-Setting Detoxification Services. Subject to
the restrictions and requirements of Contractor's license(s) , application of program
admission will be in accordance with the provisions of Welfare and Institutions (W & I) Code
Section 5170.3 and Section 5172.1. Contractor will admit and provide services for
inebriated, ambulatory persons, up to the facility's capacity, on a first-come, first-served
basis. Persons who would otherwise be eligible for service in this facility will be referred
by Contractor to a like County facility if all of Contractor's beds are taken. Contractor's
facility will be available for service 7 days a week, 24 hours per day. Contractor will
provide services for each person admitted for approximately 72 hours (3 days) , but a shorter
or longer stay may be arranged subject to the provisions of Welfare and Institutions Code
5171.
b. Recovery Home Program/Social Rehabilitation Project. Contractor shall provide
recovery home services under this program at its State-certified residential facility known
as the Walter E. Fauerso New Way Center (located at 208 23rd Street, Richmond, California) ,
as follows:
Initials:
1 Contractor County Dept.
SERVICE PLAN
Number 24-723-38
(1) Program Operation. Contractor shall provide the following recovery home
services for program participants, including the provision of services to the target
population identified by the State Department of Alcohol and Drug Programs as "homeless" ;
(a) Room and Board;
(b) Recreational opportunities;
(c) Individual recovery planning;
(d) Education regarding alcoholism and recovery;
(e) Contact, as appropriate, with other residents;
(f) Group and/or community meetings;
(g) Help in developing social skills within the residential setting and
larger community;
(h) Education and referral services regarding HIV infection;
(i) Education and referral services regarding Tuberculosis infection
(Clients denied admission based on capacity shall be referred to
another provider of TB services. ) ; and
(j) Outreach activities to inform and encourage clients in need of drug
abuse treatment services to undergo such treatment.
Contractor shall keep complete written records, in the form and manner required by County,
of HIV/AIDS/TB educational efforts, referral sources, number of clients referred, and
Outreach activities.
(2) Criteria for Receipt of Recovery Home Services. Subject to the restrictions
and requirements of Contractor's State license(s) , Contractor will admit persons desiring
services who, in Contractor's judgement, have alcohol as a primary problem, who are
ambulatory and can take care of their own personal needs, who have no serious medical or
psychiatric problems, and who are willing to abide by Contractor's facility rules.
Contractor will admit such persons on a first-come, first-served basis.
(3) Alternative to General Assistance Program (AGAP) . During the term of this
Contract, Contractor will also provide 14 recovery home beds and services for such clients
who are approved by County as eligible participants in County's AGAP. The number of
Contractor's AGAP clients shall not exceed 90% of the total number of clients participating
in Contractor's Recovery Home Program. Contractor will establish and maintain records on
AGAP participants and shall prepare and submit reports to County in the time, form, and
manner required by County. Contractor shall pay each eligible AGAP participant up to $20 per
month (as prescribed by County's Substance Abuse Division Director, or his designee) for
incidental daily expenses, including toiletry articles, cigarettes, job search
transportation, and other such personal needs, subject to the Budget of Estimated Program
Expenditures.
4. Service Units. During the 12-month fiscal year period under this Contract, Contractor
shall provide for County not less than the following number of service units:
a. Social-Setting Detoxification Program: 5,685 Units of Service
A unit of service, for reporting purposes, shall be defined as the provision of
72-hour detoxification services for one client in one residential day; i.e. , any portion of
Initials:
2 Contractor County Dept.
SERVICE PLAN
Number 24-723-38
a single 24-hour period ending at 12:00 midnight during which a client receives services
within a residential setting provided by Contractor under its Social-Setting Detoxification
Program.
b. Recovery Home Program/AGAP: 5.064 Units of Service.
A unit of service, for reporting purposes, shall be defined as the provision of
recovery home services for one eligible client in one residential day; i.e. , any portion of
a single 24-hour period ending at 12:00 midnight during which a client receives services .
within a residential setting provided by Contractor under its Recovery Home Program.
5. Program Objective 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 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 Report. Contractor shall prepare and submit to the County such periodic
performance progress reports as may be required by County's Health Services Department
Director or his designee. No later than August 31, 1994, 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.
7. Administrative Meetings. Provider shall attend regular administrative meetings as
required by County's Substance Abuse Division Director, or his designee.
8. 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 other activities.
Contractor shall also 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.
Initials:
3 Contractor County Dept.
SPECIAL CONDITIONS
Number 24-723-38
1. Novation. The parties having entered into a prior Contract #24-723-37 for the period
from July 1, 1993 through June 30, 1994 (which contained provision for an automatic six-month
contract extension for the period from July 1, 1994 through December 31, 1995) , County and
Contractor hereby agree to substitute this Contract #24-723-38 for the aforesaid six-month
automatic contract extension. Effective July 1, 1994, all contract rights and obligations
of the parties will be governed by this Contract #24-723-38.
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. Contractor shall submit to County no later than sixty
(60) days following the end of each fiscal year period under this Contract, a cost
report in the form and manner 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, County will remit any such excess amount
to Contractor, provided that the payments made, together with any such excess amount,
may not exceed the net 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
within thirty (30) days of notification by County.
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 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. "
3. 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.
4. Protection of Property and Equipment. Throughout the term of this Contract, and any
modification or extension thereof, Contractor shall:
Initials•
Contractor County Dept.
1
SPECIAL CONDITIONS
Number 24-723-38
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.
5. 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.
6. 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) .
7. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa
County publicly endorse or oppose the use of any particular brand name or commercial product
without the prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not publicly attribute qualities or lack of qualities to a particular brand
name or commercial product in the absence of a well-established and widely-accepted
scientific basis for such claims or without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,
Contractor may express its views on products to other contractors, the Board of Supervisors,
County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
Initials:
Contractor County Dept.
2
Contra Costa County Standard Foran 1187
GIENMUL 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. Inspecftion. 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.
1
Contra Costa County Standard Form 11187
CEI�lERAL CONDITIONS
(Parcbase 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 S.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 SMifications 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.
2 :
Contra Costa County Standard Form 1187
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 1187
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. Nondiiscriminatory Services. Contractor agrees that all goods and services under this Contract
shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or
ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship
or instruction.
18. Indemnification. The Contractor shall defend, indemnify,save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any damages, sickness, death,
or injury to person(s) or property, including without limitation all consequential damages, from any cause
whatsoever arising directly or indirectly from or connected with the operations or services of the
Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys'
fees,.the County may make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this indemnification provision
applies at the sole.cost and expense of the Contractor.
19. . Insurance. During the entire term of this Contract and any extension or modification thereof;the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
a. 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(les) 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.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes
of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any) and Service Pian do not limit any term of the General
Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Contract will be purchased by County
under a new contract following expiration of termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such services from
Contractor.
23. ..Possessory Interest. If this Contract results in the Contractor having possession of, claim to or
-right to the possession of land or improvements, but does not vest ownership of the land or improvements
in the same person, or if this Contract results in the placement of taxable improvements on tax exempt
land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory
interest subject to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue
& Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any
comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this
Contract may provide some aid or assistance to members of the County's population, it is not the
intention of either the County or Contractor that such individuals occupy the position of intended third-
party beneficiaries of the obligations assumed by either party to this Contract.
25. Copyrights and Rigbts 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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