HomeMy WebLinkAboutMINUTES - 01041994 - 1.49 TO: BOARD OF SUPERVISORS
Contra
FROM: Mark Finucane, Health Services Director, `-'Odra
By: Elizabeth A. Spooner, Contracts Administrat Costa
r ((DATE: December 13, 1993 County
Approval of Novation Contract . #24-243-20
SUBJECT: with R.E.A.C.H. , Inc.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on
behalf of the County, Novation Contract #24-243-20 with R.E.A.C.H.
Project, Inc. , in the amount of $147, 263, for the period from July 11
1993 through June 30, 1994, for provision of community drug abuse
prevention, intervention and treatment services in Antioch and East
Contra Costa County.
II. FINANCIAL IMPACT:
This Contract is funded 100% by Federal funds. No County matching
funds are required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
This , Contractor has been providing drug abuse prevention,
intervention, and treatment services under an automatic extension of
Contract #24-243-18 (as amended by Administrative Amendment Agreement
#24-243-19) .
Novation Contract #24-243-20 replaces the six-month automatic
extension under the prior contract and continues the Contractor's
services through June 30, 1994.
CONTINUED ON ATTACHMENT: YES SIGNATOR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM NDA ION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON January 4, 1994 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Chuck Deutschman (313-6350)
CC: Health Services (Contracts) ATTESTED January 4, 1994
Risk Management Phil Batchelor,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M382/7-98 BY ��' �� 1 DEPUTY
,•CoiitTa Costa County ` .�p Number 24-243-20
Stdn ara orm 1/87 STANDARD-CONTRACT 1 Fund/Org # 5936
(Purchase of Services) Account # 2320
NOVATION tz L �-f4, .CC �
1. Contract Identification. �d
Department: Health Services - Substance Abuse Divisio 1,Y�
Subject: Community Drug Abuse Prevention, Intervention and Treatment 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: R.E.A.C.H. PROJECT, INC.
Capacity: Nonprofit Californiapotation Taxpayer ID # Not Applicable
Address: 1915 "D" Street, An ch California 94509
ZAXI
3. Term. The effective date is Contract is July 1. 1993 and it
terminates June 30. 4495- 11 9 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $147.263.
5. County's Obligations. County shall make to the Contractor those payments described in
the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that
work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and
Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
8. Protect. 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 Services Plan and Program Budget and any
modifications or revisions thereof.
9. Legal Authority. This Contract is entered .into under and subject to the following
legal authorities: California Government Code Section 26227.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISO $�_J/ of Supervisors and County Administrator
By_ �OyYI 7C2�,Gt���1�^- By f'
Chairman/Designe 97 De ut
CONTRACTOR
By By
Chair , REACH Board of Directors Program Director , REACH Project
(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 mist be acknowledged as set forth on page two.
2
,Contr'q Costa County Number 24-243-20
St_arf4grd Form 1/87 STANDARD CONTRACT Fund/Org # 5936
(Purchase of Services) Account # 2320
NOVATION
1. Contract Identification.
Department: Health Services - Substance Abuse Division
Subject: Community Drug Abuse Prevention, Intervention and Treatment 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: R.E.A.C.H. PROJECT, INC.
Capacity: Nonprofit California Corporation Taxpayer ID # Not Applicable
Address: 1915 "D" Street, Antioch, California 94509
3. Term. The effective date of this Contract is July 1, 1993 and it
terminates June 30. 1995 - unless sooner terminated as provided herein.
4. Payment Limit. County's total payments , to Contractor under this Contract shall not
exceed $147,263.
5. County's Obligations. County shall make to the Contractor those payments described in
the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligation's. 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 Services Plan and Program Budget and any
modifications or revisions thereof.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Section 26227.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors'and County-Administrator
By J4yrL- I� By
Chairman/Designee �— IDepu
CONTRACTOR
By By
Chair , REACH Board of Directors Program Director , REACH Project
(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 acknowledged as set forth on page two.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-243-20
APPROVALS
RECOMMENDED Y E ARTMEN FORM APPROVED
By Af f By
Deslinee _
A COUNTY ADMINISTRATOR
By c3
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of Contra Costa-
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: December 13 , 1993
[Notarial Seal]
OFFICIAL SEAL
MICHAEL E.HARDING Notary /Public/Deputy Co ty Clerk
m NOTARY PUBLIC•CALFORNN
CONTRA COSTA COUNTY Michael E. Harding
- My Comm.Expires May 28.1994
-2-
.Cont7ra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-243-20
1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all
services provided for County under this Contract shall only be for costs that are
allowable costs that are actually incurred in the performance of Contractor's
obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as provided below and
subject to the Payment Limit of this Contract, County will pay Contractor as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor:
[Check one alternative only] .
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ J 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 $16 ,016 payable upon demand on or after
July 1, 1993; and
(2) Monthly payments in an amount equal to Contractor's net allowable
contract costs which have actually been incurred and/or paid by
Contractor each month (i.e. , reimbursement in arrears for actual
expenditures) , computed in accordance with and subject to the
attached Budget of Estimated Program Expenditures which is
incorporated herein by reference. For allowable contract costs
which are actually incurred in a given month, but for which invoices
are not on hand, Contractor shall include estimates of such costs in
its payment Demand (Form D-15) for said month, and Contractor shall
increase or decrease each subsequent month's Demand to adjust for
any resulting over- or under-payments, subject to the Contract
Payment Limit.
3. Allowable Costs. Contractor's allowable costs are only those which are determined in
accordance with: [Check applicable alternative]
[ J 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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Con ractor ounty Dept.
:. . Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-243-20
[ ] 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.
[ J OMB Circular No. A-21, including any amendments to the Circular
published in the Federal Register by OMB shall be the principles to
be used for determining allowable costs by educational institutions
(other than for-profit institutions) .
[ ] Appendix E Subpart Q Section 74.173 shall be used for determining
costs of research, development work, and other activities for
determining allowable costs.
[X] 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.
[ J C. Part IV Department of Labor, Employment and Training administration, 20
CFR Part 674, Section 674.402 and any amendments thereto; and California
Department of Aging Title V Operations Handbook, 1987, Section 505.4 and
any amendments thereto.
4. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph 2. (Payment Amounts) above.
5. Penalty for Late Submission, When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 4. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
6. Right to Withhold. County has the right to withhold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
Initials:
Con ra for County Dept.
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.. ,Contra Costa County
PAYMENT PROVISIONS
(Cost. Basis Contracts)
Number 24-243-20
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 sixty (60) 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.
i
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Co tr ctor County Dept.
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Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-243-20
10. Audit Exceptions. 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 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.
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:
Contr ctor C unty Dept.
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BUDGET OF ESTIMATE PROGRAM EXPENDITURE
Fiscal Year 1993-94 Number 24-243-20
A. GROSS OPERATIONAL BUDGET
1. COST CATEGORIES Total
Amounts Amounts
a. PERSONNEL SALARIES & BENEFITS (Direct Costs)
(1) Direct Services Staff Salaries $ 78,375
(2) Administrative Staff Salaries* 29,940
(3) Unemployment Insurance 2,168
(4) FICA 4,306
(5) Health Insurance 5,231
(6) Worker's Compensation Insurance 4,382
(7) SUBTOTAL AMOUNT $124,402
b. OPERATIONAL COSTS (Direct Costs)
(1) Space (Rent/Lease) $ 3,720
(2) Utilities (Water, PG&E, Etc. ) 2,000
(3) Telephone 2,800
(4) Supplies 1,650
(5) Outside Service/Consultation 3,200
(6) Insurance 1,738
(7) Membership Dues 110
(8) Advertising 34
(9) Copying/Printing/Postage 3,776
(10) Repair/Maintenance 3,050
(11) Depreciation 333
(12) Public Relations 450
(13) SUBTOTAL AMOUNT $ 22,861
c. INDIRECT COSTS (SUBTOTAL AMOUNT) -0-
2. TOTAL GROSS ALLOWABLE PROGRAM COST $147,263
B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE
(To be collected and provided by Contractor)
1. Client Fees and Insurance $ 20,000
2. Grants & Subventions (City, State, Schools) 266,959
3. Donations and Membership 25,000
4. TOTAL PROJECTED NON-COUNTY PROGRAM REVENUES ($311,959)
C. NET ALLOWABLE FISCAL YEAR COST 147 263
(Fiscal Year Payment Limits)
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Contr ctor ounty Dept.
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BUDGET OF ESTIMATE PROGRAM EXPENDITURE
Fiscal Year 1993-94 Number 24-243-20
* 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.
D. CHANGES IN COST CATEGORY AMOUNTS. Subject to the Total Contract Payment Limit and to
State guidelines, each cost category Subtotal Amount set forth in Section A.I. above:
1. May vary in each program by up to 10% in any fiscal year without approval by
County; and
2. May be changed in each program in excess of 10% in any fiscal year provided,
however, that Contractor has obtainedrp for written authorization to May 1, 1994,
from the Department's Substance Abuse Division Director, or his designee, before
implementing any such budget changes.
E. PROGRAM BUDGET CHANGES. Subject to the Contract Payment Limit and subject to State
guidelines, Contractor may make changes in the total amounts set forth above for the
Total Gross Allowable Program Cost and the Total Projected Non-County Revenue,
provided, however, that Contractor has obtained written authorization prior to Malst
of the Fiscal Year period under this Contract from the Department's Substance Abuse
Division Director 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. BUDGET REPORT. No later than April 5, 1994, Contractor shall deliver a written Budget
Report to the Department's Substance Abuse Division Director stating whether or not the
budgeted amounts set forth in the 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 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, to Special Conditions Paragraph 2. (Cost Report and
Settlement) .
Initials:
Cont actor County Dept.
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SERVICE. PLAN
Number 24-243-20
1. Scope of Services. During the term of this Contract, Contractor shall provide
community drug abuse prevention, intervention and treatment services to residents of East
Contra Costa County (Antioch and communities east of Antioch) . Contractor shall make its
Service Delivery Policy, which is incorporated herein by reference, available to the public
for inspection.
2. Charges for Services. Contractor's charges for services, if allowable, to
clients, or to other persons responsible for clients, shall approximate estimated actual cost
and shall be subject to the following legal authorities: Welfare and Institutions Code,
Sections 5717 and 5718, California Code of Regulations, Title 9, Section 524 and Health and
Safety Code, Chapter 4, Section 11991.5. Contractor shall- utilize the guidelines and
procedures established by the State and County. for determining client fees and payment
liability, including, but not limited to, the State's Audit Assistance Guide and Drug program
Fiscal System Manual.
3. Service Specifications. Contractor's activities hereunder will consist of, but
not be limited to, the following:
a. Prevention Activities. Contractor shall allocate at least 20% of its
County contract funds to primary prevention activities. Services shall include, but may not
be limited to, the following:
(1) Providing outreach activities for the purpose of informing,
encouraging and, engaging individuals in need of treatment for drug abuse to undergo such
treatment. Outreach efforts shall target youth, adults and other disenfranchised individuals
who are considered to be at increased risk of substance abuse (e.g. , Runaways, school drop-
outs, homeless) . Complete written records of all outreach activities shall be maintained by
Contractor.
(2) Providing substance abuse information and referral services.
(3) Networking with appropriate public and private agencies regarding
substance abuse issues.
(4) Developing and implementing, if appropriate, needed programs for the
prevention of drug use and abuse.
(5) Making not less than 15 presentations to parent groups and other
community groups concerning drug use and abuse.
(6) Providing technical consultation on substance use and abuse to
schools and businesses in the Antioch area.
The above programs will be developed to insure a continuum of services and full working
partnership between the Antioch Unified School District, Brentwood Union School District,
Liberty Unified High School District, the City of Antioch (Antioch Police Department) and
Contra Costa Health Services Department.
b. Intervention Services. Contractor shall provide individual, couple and
family counseling services to individuals or groups who meet a minimum of two of the
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Cottrfactor C unty Dept.
SERVICE PLAN
Number 24-243-20
following eligibility requirements: (1) current minimal drug use; (2) membership in a
family or peer group in which others abuse drugs; and (3) current behavioral or emotional
problems which are directly or indirectly related to drug abuse. Services shall include, but
may not be limited to, the following:
(1) Assessment and short-term intervention counseling to not less than
343 youth and their families and, who reside in the Antioch and Brentwood communities.
(2) Individual, group, couples/family intervention counseling services
for not less than 125 youth and family members.
Contractor shall document ongoing Intervention counseling services in accordance with the
State's "Standards For Prevention Programs" and shall include a written assessment, an
Intervention Plan, progress and termination notes recorded in the client's clinical record.
C. Treatment Services. Contractor shall provide individual, group and family
counseling to not less than 82 youth and adults, and 83 family members, whom drug use is
compulsive, out of control, or at a level of physical or psychological dependency.
Contractor shall provide these services in compliance with the State's "Standards for Drug
Abuse Treatment" , except that there will be no provision for on-site physical examination or
for review of a client's medical history by a representative of the medical profession.
Treatment services shall include clinically appropriate services for clients for clients at
high risk of HIV infection and perinatal substance abuse.
Documentation of counseling services shall be in compliance with the State's "Standards for
Drug Abuse Treatment" which is incorporated herein by reference. Documentation shall include
a written assessment, medical assessment, treatment plan, at least two documented counseling
sessions per 30-day period, and a Discharge summary for each client for whom treatment
services are provided.
d. HIV/AIDS Education and Referral Services. Contractor shall educate clients
regarding HIV infection and, encourage and refer all clients, if appropriate, to Confidential
Test Sites to be counseled and tested for HIV. Contractor shall maintain complete written
records of HIV/AIDS educational efforts, referral sources, and numbers referred.
e. Tuberculosis Education and Referral Services. Contractor shall educate
clients regarding Tuberculosis and refer all clients, as appropriate, to be counseled, tested
and treated for TB. Individuals denied admission based on capacity will be referred to
another provider of TB services. Contractor shall maintain complete written records of TB
educational efforts, referral sources and numbers referred.
f. Location. Contractor will provide services hereunder at the REACH Center
located at 1915 "D" Street, Antioch. Services East of Antioch, e.g. , Brentwood area, will
be provided at 703 Third Street, Brentwood. Services may also be provided at the following
locations:
a) The REACH Academy, 1223 West 4th Street, Antioch
b) The Antioch Police Facility, 4th and L Streets, Antioch.
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2 Co tr for ounty ept.
SERVICE PIAN
Number 24-243-20
4. Service Unit Definition. Contractor shall separate the total number of service
units rendered into three categories: (1) primary prevention service units; (2) intervention
service units; and (3) treatment service units.
a. Primary Prevention Units of Service. The number of primary prevention
units of service shall be calculated by multiplying the number of Contractor's professional
staff in attendance at a primary prevention activity by the number of client/community
participants in attendance.
b. Intervention Units of Service. The number of intervention units of service
shall be calculated in accordance with the definition and parameters of a treatment unit of
service set forth in the Drug Program Fiscal System Manual, Units of Service - Outpatient
Care. An intervention unit of service is a person-to-person visit, regardless of time, which
results in a record of therapeutic experience in an individual's service record. Telephone
contacts are not a reportable unit of service.
C. Treatment Units of Service. The number of treatment units of service shall
be calculated in accordance with the definition and parameters of a treatment unit of service
set forth in the Drug Program Fiscal System Manual, Units of Service - Outpatient Care.
In addition to reporting units of service, Contractor shall report the units of time spent
on intervention and treatment services in accordance with the criteria set forth in the Drug
Program Fiscal Systems Manual.
5. Number of Service Units. Subject to sufficient referrals and outreach efforts,
Contractor shall provide for County between July 1, 1993 and June 30, 1994, not less than:
a. 4,500 primary prevention service units;
b. 1,800 intervention units of services, and
C. 1,380 treatment units of service.
6. 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.
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 31, 1994, or 60 days following the
termination of this Contract, whichever comes first, Contractor shall prepare and submit to
County a Final Contract Performance Report, in the form and manner prescribed by County's
Department Director, or his designee.
Initials:
3 Cont ac or ounty Dept.
SERVICE PLAN
Number 24-243-20
8. Clearance for Physicians and Clinical Psychologists. Prior to hiring as an
employee, (or otherwise procuring the services of or contracting with) any physician or
licensed psychologist to provide services under this Contract, Contractor shall make a formal
inquiry to the California State Board of Medical'Quality Assurance (BMQA) pursuant to Section
805.5 of the California Business and Professions Code in order to determine whether or not
that person has been denied staff privileges, has been removed from a medical staff, or has
had his or her staff privileges or license restricted, suspended, or revoked, as provided by
Section 805 of the Business and Professions Code. Contractor shall make such inquiry
regarding any physician or licensed psychologist who is currently employed by or under
contract with Contractor, if Contractor has not yet made such inquiry. Should Contractor
obtain an adverse report from BMQA regarding any physician or psychologist and should
Contractor still desire to employ or contract with such person to provide services under this
Contract, Contractor shall notify County's Substance Abuse Division Director within 15
working days subsequent to obtaining an adverse report on such a person and at least 15
working days prior to allowing such a person who is newly employed or retained to start work.
Initials:
4 Contrac or C unty Dept.
SPECIAL CONDITIONS
Number 24-243-20
1. Novation. The parties having entered into a prior Contract #24-243-18 (as
amended by Administrative Amendment Agreements #24-243-19) for the period from July 1, 1991
through June 30, 1993 (which contained provision for an automatic six-month contract
extension for the period from July 1, 1993 through December 31, 1993) , County and Contractor
hereby agree to substitute this Contract #24-243-20 for the aforesaid six-month automatic
contract extension. Effective July 1, 1993, all contract rights and obligations of the
parties will be governed by this Contract #24-243-20.
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 Procedures. 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.
Initials:
Contractor 60un, ty Dept.
1
SPECIAL .C.ONDITIONS
Number 24-243-20
4. Protection of Property and Equipment. Throughout the term of this Contract, and
any modification or extension thereof, Contractor shall:
a. Cooperate with County in tagging and appropriately identifying all program
property and equipment loaned by County for use by Contractor or acquired with Contract
funds.
b. Establish a property management control system to ensure adequate
safeguards to prevent loss, theft, or damage to property, and maintain all equipment in good
working repair at all times.
C. Investigate, fully document, and immediately report to appropriate police
agencies and/or County any loss, theft, or damage to property and equipment. Contractor
shall repair or replace all such items within 60 days with items of comparable quality and
value.
d. Maintain accurate records of all equipment and other such property loaned
by County for use by Contractor or acquired with Contract funds, including property
description, identification numbers, acquisition date and cost, source, location, use,
condition.and disposition.
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:
4Conttor ounty Dept.
2
Contra Costa County Standard Form 1/87
GENIERAL`CONDMONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local
laws and regulations applicable with respect to its performance under this Contract, including but not
limited to, licensing, employment and purchasing practices; and wages, hours and conditions of
employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract
are subject to monitoring, inspection, review and audit by authorized representatives of the County, the
State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized
representatives of the County, the State of California, and the United States Government, the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost Report;
for any further period that is required by law; and until all Federal/State audits are complete and
exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records
available to authorized representatives of the County, the State of California, and the United States
Government.
b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written
request and until the expiration of four years after the furnishing of services pursuant to this Contract,
make available to the Secretary of Health and Human Services or to the Comptroller General, or any of
their duly authorized representatives, this Contract and books, documents, and records of Contractor
that are necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value
or. cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the
effect that upon written request and until the expiration of four years after the furnishing of services
pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or
to the Comptroller General, or any of their duly authorized representatives, the subcontract and books,
documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this Contract,
a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to
the preparation of each such document or written report. This section shall apply only if the payment
limit under this Contract exceeds $5,000.
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Contra Costa County Standard Form 1/87
GENERAL CONDMONS
(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 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 Countv. Such Informal Agreements shall be designated as such and shall not be
amendments to this Contract except to the extent that they further detail or clarify that which is already
required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this
Contract, including any sums of money to be paid the Contractor as provided herein. Informal
Agreements may be approved and signed by the head of the County Department for which this Contract
is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval,
by its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and
the Service Plan may be amended by a written administrative amendment executed by the Contractor
and the County Administrator or his designee, subject to any required State or Federal approval,
provided that such administrative amendments may not materially change the Payment Provisions or the
Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing by the
head of the County Department for which this Contract is made or his designee or in accordance with
the applicable procedures (if any) required by the State or Federal Government.
2 •
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of
Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised.during the term hereof, this
Contract shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections
or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the
whole or any part of said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby
estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. _Subcontract and Assignment. This Contract binds the heirs, successors, assigns and
representatives of Contractor. The Contractor shall not enter into subcontracts for any work
contemplated under this Contract and shall not assign this Contract or monies due or to become due,
-without the prior written consent of the County Administrator or his designee, subject to any required
;State or Federal approval.
14. Inde-pendent 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 individuai 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..CONDMONS
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or disclosed, any list
of persons receiving services, except as may be required in the administration of such service. Contractor
agrees to inform all employees, agents and partners of the above provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized by law may be guilty
of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract
shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or
ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship
or instruction.
18. Indemnification. The Contractor shall defend, indemnify,save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any damages, sickness, death,
or injury to person(s) or property, including without limitation all consequential damages, from any cause
whatsoever arising directly or indirectly from or connected with the operations or services of the
Contractor or its agents; servants, employees or subcontractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys'
fees, the County may make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this indemnification provision
applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
a. 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$ 00,000 for all damages, including consequential damages, due to bodily injury, sickness or
disease, or death to any person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed.to include the County and its officers
and employees as additional insureds as to all services performed by Contractor under this agreement.
Said policies shall constitute primary;insurance as to the County, the State and Federal Governments,
and their officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s)
of insurance evidencing liability and worker's compensation insurance as required herein no later than
the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire
either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy
at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
4
• Contra Costa County Standard Form 1187
GENERAL.CONDITIONS
(Purchase of Services)
d. Additional insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes
of the above specified coverage.
.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General
Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Contract will be purchased by County
under a new contract following expiration of termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such services from
Contractor.
23. Possessory Interest. If this Contract results in the Contractor having" possession of, claim to or
right to the possession of land or improvements, but does not vest ownership of the land or improvements
in the same person, or if this Contract results in the placement of taxable improvements on tax exempt
land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory
interest subject to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue
& Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any
comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this
Contract may provide some aid or assistance to members of the County's population, it is not the
intention of either the County or Contractor that such individuals occupy the position of intended third-
party beneficiaries of the obligations assumed by either party to this Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such
and the Contractor agrees not to copyright such material. If the material is copyrighted, the County
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such
materials, in whole or in part, and to authorize others to do so.
5