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HomeMy WebLinkAboutMINUTES - 01041994 - 1.57 TO: BOARD OF SUPERVISORS FROM: Mark Finucane, Health Services Director Contra By: Elizabeth A. Spooner, Contracts AdministratorCOSta DATE: /%ember 7,-, 1993 10 County SUBJECT: Approval of Novation Contract #24-722-44 with Bi-Bett Corporation 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 #24-722-44 with Bi-Bett Corporation, for the period from July 1, 1993 through June 30, 1994, in the amount of $1, 067,419, for provision of alcohol program services. This document includes a six-month automatic extension through December 31, 1994, in the amount of $529, 622. II. FINANCIAL IMPACT: This Contract is funded in the Health Services Department Budget (Org. #5915) . The payment limit and funding sources are as follows: $ 265, 311 Federal Block Grant 197, 280 State Alcohol Program Allocation 396, 175 County Funds 208 , 653 AB 2986 Statham Funds $1,067,419 Total Payment Limit III. REASONS FOR RECOMMENDATIONS/BACKGROUND: This Contractor has been providing recovery home social rehabilitation programs and a social-setting detox program under an automatic extension of Novation Contract #24-722-41 (as amended by Contract Amendment Agreements #24-722-42 and #24-722-43) . Novation Contract #24-722-44 replaces the six-month automatic extension of the prior contract, and allows the Contractor to continue to provide alcohol program services through June 30, 1994 . CONTINUED ON ATTACHMENT: YES SIGNATURE: ! / ¢� I IIIYYX RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT ON OF BOARD COMMITTEE APPROVE OTHER , I SIGNATURE(S) tianuary ACTION OF BOARD ON APPROVED AS RECOMMENDED AX 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) January 4, 1994 CC: Health Services (Contracts) ATTESTED Risk Management Phil Batchelor,Clerk of the Board of Auditor-Controller Suvuvisors and CountYAdministrator Contractor Me8e/7-8e BY DEPUTY Contra Costa County Number 24-722-44 Standard Form 1/87 STANDARD CONTRACT Fund/Org # 5915 ' (Purchase of Services) Account # 2320 NOVATION 1. Contract Identification. 1­5 7 Department: Health Services - Substance Abuse Division Subject: Alcohol Program Services: (1) Recovery Home Social Rehabilitation Progams, including target population services for the homeless and women, and (2) Social-Setting Detox Program 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: BI-BETT CORPORATION Capacity: Nonprofit California Corporation Taxpayer ID #Not Applicable . Address: 1260-A Monument Boulevard, Concord, California 94520 Mailing Address: P.O. Box 5487, Concord, California 94524 3. Term. The effective date of this Contract is July 1. 1993 and it terminates June 30. 1994 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $1,067,419. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all. the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Current Contra Costa County 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 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 BOA};tD OF SUPERVISORS s of Supervisors and County Administrator By / G1'Yj /�Y�s By721—A-11YI Chairman/Desi,gnee' Dep y CONTRACTOR By By a (Designate bus' ass 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 acknovledged as set forth on page tvo. 1 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of al f� n; OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER 4 County of Contra Costa Though statute does not require the Notary to fill in the data below, doing so may prove On 12-3-93before me, Marilyn J. Lindsley, Notary Public invaluable to persons relying on the document. A DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" ❑ INDIVIDUAL Sand Bohannon & Joseph P. Bailey CORPORATE OFFICER(S) personally appeared Y P Secretary/President NAME(S)OF SIGNER(S) TITLE(S) j [�personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL j subscribed to the within instrument and ac- ❑ATTORNEY-w-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR MARILYN J.LINDSLEY capacity(ies), and that by his/her/the.ir E]OTHER: COMM #W3833 Z signature(s) on the instrument the person(s), z Notary Pubtic—Colifomia CONTRA COSTA COUNTY or the entity upon behalf of which the "wCrr m. ;res.n..i^w2.t997 person(s) acted, executed the instrument. f" - SIGNER IS REPRESENTING: WITNESS my hand and Official seal. NAME OF PERSON(S)OR ENTITY(IES) i I S16NATUF49 OF NOTARY OPTIONAL SECTION ! THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE FA MR ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Contra Costa County Standard Form 1/87 APPROVALS/ACKNOWLEDGEMENT Number 24-722-44 APPROVALS RECOMMENDED BYDE TMENT FORM APPROVED By � � S 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 representative(s) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. Dated: [Notarial Seal] Notary Public/Deputy County Clerk -2- Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-722-44 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 [ ] c. Ari 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 $142,000 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] [ ] 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 Initials: v!!O LL ntractor County Dept. 1 i Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-722-44 the Service Plan for determining the allowability of selected items of costs of providing the services. [ ] Federal Management Circular A-87, including any amendments to the circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies. [ ] OMB Circular A-122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals) . [ ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals. [ ] OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit institutions) . [ ] 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. 19'Initial ��� ,�1 Contractor County Dept. 2 Contra Costa County PAYMENT PROVISIONS ' (Cost Basis Contracts) Number 24-722-44 6. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 7. Cost Report and Settlement. No later than forty-five (45) 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. Reg_uired 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 forthe 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. Initials r� ontractor Co my Dept. 3 Contra Costa County PAYMENT PROVISIONS (Cost Basis Contracts) Number 24-722-44 10. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies; occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. 11. State Cost 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: ontractor C unty Dept. 4 BUDGET OF ESTIMATED PROGRAM EXPENDITURES Fiscal Year 1993-94 Number 24-722-44 A. GROSS OPERATIONAL BUDGETS DIABLO VAL. OZANAM SHENNUM DETENTION 1. COST CATEGORIES RANCH CENTER CENTER FACILITY PROGRAM PROGRAM PROGRAM PROGRAM a. PERSONNEL :SAL. & BENEFITS (Direct Costs: (1) Direct Service Staff Salaries $152,616 $ 57,924 $ 255,000 $ 5,590 (2) F.I.C.A. 9,291 3,816 17,483 417 (3) S.U.I.C. 893 309 945 -0- (4) Workers Compensation Insurance 6,930 2,711 12,219 58 (5) Health Insurance 13,200 5,673 21,725 746 (6) Retirement. Plan 10.560 4,981 20,074 546 (7) SUBTOTAL AMOUNT 193 490 75,414 $297,446 7.3L7 b. OPERATIONAL COSTS (Direct Costs) : (1) Rent/Mortgage Interest $ 27,789 $ 12,964 $ 12,400 -0- (2) Depreciation-Facilities 19,267 2,725 -0- -0- (3) Utilities (P.G.& E./Water) 50,820 5,525 17,371 -0- (4) Telephone 5,478 2,223 5,200 -0- (5) Maintenance 31,835 8,052 141000 -0- (6) Other Facility Costs* 13,562 3,725 7,225 -0- (7) Major Equipment Purchase** -0- -0- 3,583 -0- (8) Minor Equipment & Supplies** 7,920 3,408 1,000 -0- (9) Depreciation-Equipment Interest 505 32 405 -0- (10) Facility Supplies (Household) 15,840 7,620 16,000 -0- (11) Miscellaneous Equip. & Supplies 2,310 2,286 -0- -0- (12) Transportation Expense 15,840 3,651 1,800 -0- (13) Interest-Autos 990 95 -0- -0- (14) Depreciation-Autos 6,600 -0- -0- -0- (15) Insurance-•Autos 7,752 1,016 1,650 -0- (16) Food 70,720 17,220 30,000 -0- (17) Food Stamps (42,792) (9,525) -0- -0- (18) AGAP Personal Needs Pmts** 10,758 2,540 -0- -0- (19) Staff Development & Conf. Meetings 660 1,524 1,800 -0- (20) Other .Program Support Costs 10,487 3,143 700 -0- (21) Office Supplies & Expenses 2,640 762 1,540 -0- (22) Outside Printing & Copy Expense 660 953 400 -0- (23) SUBTOTAL AMOUNT 259 641 69,939 $115,074 $ -0- c. INDIRECT COSTS SUBTOTAL AMOUNT 73,765 25.125 67.155 $ 818 2. TOTAL GROSS ALLOWABLE PROGRAM COST $170,478 479 675 8 175 B. LESS PROJECTED NON••COUNTY PROGRAM REVENUE (To be collected and provided by Contractor) 1. Client Fees and. Insurance $ 65,392 14,000 7,000 -0- 2. Donations -0- -0- 2,000 -0- 3. Other: Miscellaneous 20.000 4.413 5.000 -0- 4. TOTAL PROJ'D NON-COUNTY PROG. REV. ($ 85.392) ($ 18,413) ($ 14,000) ($ -0-) C. NET ALLOWABLE FISCAL YEAR COST $441.504 $152,065 $ 465,675 $ 8,175 (Fiscal Year Payment Limits) TOTAL FISCAL YEAR PAYMENT LIMIT $1,067.419 *Property taxes, insurance, and licensing **Subject to State limits ***Funded by County Funding for AGAP participants Initials: ontractor County Dept. 1 BUDGET OF ESTIMATED PROGRAM EXPENDITURES Fiscal Year 1993-94 Number 24-722-44 D. CHANGES IN COST CATEGORY AMOUNTS. Subject to the Total Fiscal Year Payment Limit for the 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 the 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% in any fiscal year without approval by County; and 2. May be changed in excess of 10% in any fiscal year provided, however, that Contractor has obtained written authorization prior to April 29th of the 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. FY 1993-94 PAYMENT LIMITS 1. SERVICE PROGRAMS a. Diablo Valley Ranch Recovery Home Program $ 441,504 b. Frederic 02;anam Center Recovery Home Program 152,065 C. Shennum Center Program 465,675 d. Detention Facility Reception Services Program 8.175 TOTAL FISCAL YEAR PAYMENT LIMIT $1.067,419 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 the Fiscal Year period under this Contract and subject to State guidelines, Contractor may make changes for each program 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 the 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. 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 number of staff positions by job classification. G. BUDGET REPORT. No later than April 29, 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 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. (Net Program Budget Summary) , subparagraph 3. (Program Budget Changes) , above, subject to Special Conditions Paragraph 2. (Cost Report and Settlement) . Initials: l ontractor County Dept. 2 SERVICE PLAN Number 24-722-44 1. Scope of Services. Contractor shall provide Recover Home Program services and Social-Setting Detoxification services at its State-certified facilities specified in Paragraph 3. (Service Specifications) , below. Contractor shall make its Facility Guidelines and Admission Policy, which are 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. Recovery Home Program/Social Rehabilitation Project. Contractor shall operate two (2) recovery home programs hereunder at its State-certified residential facilities, as follows: (1) Diablo Valley Ranch Recovery Home Program (43 Beds) : Contractor's program shall be designed for men between the ages of 18 and 65,' as specified in Contractor's Admission Policy, including the provision of services to the target population identified by the State Department of Alcohol and Drug Programs as "homeless". Contractor shall provide recovery home services for eligible clients at its facilities listed below: (a) Diablo Valley Ranch, 11540 Marsh Creek Road, Clayton, California (b) Serenity House, 11440 Marsh Creek Road, Clayton, California (c) Oak Knoll House, 11460 Marsh Creek Road, Clayton, California (d) Ranch Annex, 106-108 Gregory Lane, Pleasant Hill, California (2) Frederic Ozanam Center Recovery Home Program (13 Beds) : Contractor's program shall be designed for women between the ages of 18 and 65, as specified in Contractor's Admissions Policy. Contractor shall provide recovery home program services for eligible clients at its facilities listed below: (a) 2931 Prospect Avenue, Concord, California (b) 2950 Prospect Avenue, Concord, California (c) 1390 Santa Clara Street, Concord, California (d) 1380 Santa Clara Street, Concord, California (3) Program Operation. Under each of the above Recovery Home Programs, Contractor shall provide the following recovery home services for program participants: (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 Initials: 79 1 Contractor County Dept. SERVICE PLAN Number 24-722-44 (j) Outreach activities to inform and encourage clients in need of drug abuse treatment services to undergo such treatment. (4) 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. (5) County Alternative to General Assistance Program (AGAP) . Contractor will also provide recovery home 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 report 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. b. Social-Setting Detoxification/Shennum Center Program. Contractor shall provide social-setting detoxification services under this program at the Central County residential detoxification facility known as the Shennum Center (located at 2090 Commerce Avenue, Concord, California) , subject to certification by the State and designation 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 W & I Code Section 5170. Contractor's program services will be available at all times for use by County as follows: (1) Program Operation. Contractor shall appropriately equip and staff said 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 individuals 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 or care are not covered under the terms of this Contract. (2) Call-In and Drop-In Support Services. Contractor shall provide call- in (phone) support and drop-in support for appropriate self-help groups and for persons and families with alcohol problems. Such support services shall include the provision of educational information, outreach, and referral regarding available services and the operation of a casual drop-in service and conducting supportive peer group discussions, mutual self-help groups, and sober social functions. Drop-in services will be limited to staff and volunteer availability and facility limitations. Initials: '( 2 I ontractor County Dept. SERVICE PLAN Number 24-722-44 (3) Criteria for Receipt of Social-Setting Detoxification Services. (a) Subject to the restrictions and requirements of Contractor's State license(s) , application for 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 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 Section 5171. (b) In addition, Contractor shall provide call-in and drop-in support services for all persons who phone or come to the Shennum Center and request such services or participation in service activities, on a first-come, first served basis, subject to facility space limitations and the availability of volunteer staff. C. County Detention Facility Reception Services Program. Contractor shall assign (i.e. , outstation) a member of its Detoxification Program staff to work at County's Detention Facility in Martinez and provide reception, observation, support, guidance, and general information and referral services seven nights per week between the hours of 10 p.m. and 6 a.m. for intoxicated and alcoholic individuals (inmates) , as needed and when available, to assist the sheriff's deputies and County's Health Services Program staff at County's Detention Facility. 4. Service Units. During the term of this Contract, Contractor shall provide for County not less than the following number of service units: a: Recovery Home Program/Social Rehabilitation Project: (1) Diablo Valley Ranch Recovery Home Program: 15,695 Service Units (2) Frederic Ozanam Center Recovery Home Program: 4,745 Service Units 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. , a full 24-hour period during which a client receives care and/or treatment within a residential setting provided by Contractor under its Recovery Home Program. Services provided to a client for a partial day (i.e. , any portion less than 24 hours of a day) shall not be reported as a unit of service, except the day the client is admitted to the program may be reported as one service unit even though services are provided to the client for less than a full 24-hour period. b. Social-Setting Detoxification/Shennum Center Program: ('1) Residential Detoxification Service: 7,300 Service Units A unit of service, for reporting purposes, shall be defined as one eligible client occupying a bed for one partial day; i.e. , any portion of a 24-hour day exceeding three hours during which a client receives care and/or treatment under Contractor's Residential Detoxification Service. Multiple admissions by the same individual client on the same calendar day shall only be reported. as one unit of service. (2) Call-In and Drop-In Support Services: 15,000 Service Units 0 Initials: 3 ontractor County Dept. SERVICE PLAN Number 24-722-44 A unit of service, for reporting purposes, shall be defined as the provision of support services for one client during any portion of a single twenty-four (24) hour day during which a client comes to Contractor's Shennum Center facility or calls and receives support services over the phone. C. County Detention Facility Reception Services Program: 900 Service Units. A unit of service, for reporting purposes, shall be defined as one service contact, regardless of duration, by Contractor's staff with one intoxicated or alcoholic individual (County Detention Facility inmate) during one work shift, as specified in Service Plan Paragraph 3.c. , above. 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: 4 ontractor bounty Dept. SPECIAL CONDITIONS Number 24-722-44 1. Novation. The parties having entered into a prior Contract #24-722-41 (as amended by Contract Amendments #24-722-42 and #24-722-43) for the period from July 1, 1991 through June 30, 1993, which contained provision for an six-month automatic extension through December 31, 1993, County and Contractor hereby agree to substitute this Contract #24-722-44 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 #24-722-44. 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. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract, unless this Contract is terminated by either party pursuant to Paragraph 5. (Termination) of the General Conditions prior to June 30, 1994, the term of this Contract shall be automatically extended from June 30, 1994 through December 31, 1994. During its extended term, this contract is nevertheless subject to all the terms and conditions applicable during its initial term, including but not limited to General Conditions Paragraph 5. (Termination) , except as to payment for services rendered during the extended term. The purpose of this automatic six-month extension is to allow for continuation of services as specified in this Contract, to avoid interruption of payment to Contractor, and to allow County time in which to complete a novation or renewal contract for Contractor and County Board of Supervisors approval. As to any such six-month extension: a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $529,622 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. Initials: ao ontractor County Dept. 1 SPECIAL CONDITIONS Number 24-722-44 b. County shall pay Contractor a one-time-only payment of $88,270 payable upon demand on or after July 1, 1994, and thereafter, monthly payments in accordance with Payment Provisions Paragraph 2. (Payment Amounts) , subparagraph d. , subject to the six-month Payment Limit specified above. C. Contractor shall continue to provide services as set forth in the Service Plan, subject to an, amendments thereto; all service units (set forth in the Service Plan. and/or Special Conditions) and line item budget amounts (set forth in the Budget of Estimated Program Expenditures) shall be prorated for the six-month period. d. In addition to the cost report specified in Paragraph 7. (Cost Report and Settlement) of the 'Payment Provisions, as amended by these Special Conditions, Contractor shall also submit to County, no later than 60 days following termination of this Contract as extended, an extension period cost report covering the period of this six-month extension. County and Contractor shall follow the cost report and settlement procedures specified in above-referenced Paragraph 7. (Cost Report and Settlement) of the Payment Provisions, subject to the six-month Payment Limit specified above for the contract extension period. e. This six-month contract extension shall be subject to any further agreement (novation) which Contractor and County may enter into covering the provision of services during the contract period immediately following the contract period specified in Paragraph 3. (Term) , in accordance with Contra Costa County's current revision of the project specified in Paragraph 8. (Project) . 4. Ownership and Disposition of Property and Equipment. Equipment and capital expenditure items with a purchase price of 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. 5. 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. Initials: ontractor dounty Dept. 2 SPECIAL. CONDITIONS Number 24-722-44 b. Establish a property management control system to ensure adequate safeguards to prevent loss, theft, or damage to property, and maintain all equipment in good working repair at all times. C. Investigate, fully document, and immediately report to appropriate police agencies and/or County any loss, theft, or damage to property and equipment. Contractor shall repair or replace all such items within 60 days with items of comparable quality and value. d. Maintain accurate records of all equipment and other such property loaned by County for use by Contractor or acquired with Contract funds, including property description, identification numbers, acquisition date and cost, source, location, use, condition and disposition. 6. Third-Party Payment Liability. Contractor shall be solely responsible for any payments due from Contractor to third parties or for any liabilities, obligations, or commitments of Contractor arising from Contractor's performance of this Contract, including, but not limited to, any payments that Contractor may owe to contractors or other suppliers for goods and services received by Contractor in the operating, equipping, altering, remodeling, renovating, or repairing of Contractor's program and facilities established under this Contract. In no event shall County be responsible for any payments due from Contractor to third parties or for any liabilities, obligations, or commitments .of Contractor arising from Contractor's performance of this Contract. 7. 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. 8. Professional Liability Insurance Requirements. The provision of professional liability insurance coverage by Contractor is optional at Contractor's sole discretion subject to General Conditions Paragraph 18. (Indemnification) . Initials: Gi! ontractor County Dept. 3 Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws,and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for,this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the ;secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or to the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 1 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 Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Dilutes. 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 Counly. 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. 3 Contra Costa County Standard Form 1/87 • GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, indemnify,save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise-expressed in the Special Conditions: 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. Worker'' 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 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 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 takes 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