HomeMy WebLinkAboutMINUTES - 01041994 - 1.67 J . 1 , ( 7
e
TO: BOARD OF SUPERVISORS (` -.
FROM: Mark Finucane, Health Services Director C
M� ontra
By: Elizabeth A. Spooner, Contracts Administrat
Costa
DATE: December 17, 1993 County
SUBJECT: Approval of Novation Contract #24-535-5 with San Ramon Valley
Discovery, 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 #24-535-5 with San Ramon
Valley Discovery, Inc. , in the amount of $75, 955, for the period from
July 1 1993 through June 30, 1994, for provision of drug abuse
prevention, intervention and treatment services.
II. FINANCIAL IMPACT:
This Contract is funded by Federal, State and County funds as follows:
Federal Funds $15, 191
State Funds 41,783
County Funds 18 ,981
PAYMENT LIMIT $75,955
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
This Contractor has been providing drug abuse prevention services
under an automatic extension of Contract #24-535-3 (as amended by
Administrative Amendment Agreement #24-535-4) .
Novation Contract #24-535-5 replaces the six-month automatic extension
under the prior contract and continues the Contractor's services
through June 30, 1994 .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TI N OF BOARD C MMITTEE
APPROVE OTHER
SIGNATURE(S) y
ACTION OF BOARD ON January 4, 1994 APPROVED AS RECOMMENDED _a_ 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)
C C: Health Services (Contracts) ATTESTED January 4, 1994
Risk Management Phil Batchelor,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M982/7-e3 BY DEPUTY
Cont; 'losta County., Number 24-535-5
`Stand ra Form 1/87 STANDARD CONTRACT Fund/Org # 5936
(Purchase of Services) ,Account # '2320
NOVATION CONTRACT
1. Contract Identification.
Department: Health Services - Substance Abuse Division
Subject: Drug Abuse Prevention, Intervention and Treatment Services in the San Ramon
Valley Area
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: SAN RAMON VALLEY DISCOVERY, INC.
Capacity: Nonprofit California corporation Taxpayer ID # Not Applicable
Address: 530 La Gonda Way, #A, Danville, California 94526
3. Term. The effective date of this Contract is July 1, 1993 and it terminates
June 30, 1999 unless sooner terminated as provided herein.
4. Payment_ Limit. County's total payments to Contractor under this Contract shall not
exceed $75,955.
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 Annual Plan and Budget and any
modifications or revisions thereof, a copy of which is on file in the offices of
County's Substance Abuse Division.
9. Legal Authority. This Contract is entered into under and subject to the following legal
authorities: California Government Code 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 SUPERVVISORS ��.,,, of Supervisors and County Administrator
By �/�/ fG %UGy � By A
Chairman/Designee eputy
.�--- CONTRACTOR
By By t
p i�g3�z� /77
Designa auNess capacit A) (De gnate bysiness capacity B)AA
10
Note to Contractor: For corporations (profit or nonprofit) , the cont must be sigh d 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.
Coatra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-535-5
APPROVALS
RECOMMENDED BY PARTMENT FORM APPROVED
By 1 By
D gnee
APPROVED: COUNTY ADMINISTRATOR
By
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193
State of California OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of Contra Costa' Though statute does not require the Notary to
fill in the data below, doing so may prove
On 12/14/93 before me, MARY . MER HOLZ, Notary Public invaluable to persons relying on the document.,
DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' ❑ INDIVIDUAL
X❑CORPORATE OFFICER(S)
personally appeared BARBARA ,TFWF.T,T. President
NAME(S)OF SIGNER(S) TITLE(S)
Q personally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED
to be the person(f) whose name(f)oa*e ❑ GENERAL
subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT
knowledged to me that 4"executed ❑TRUSTEE(S)
the same in hi@<ne Ow+r authorized ❑GUARDIAN/CONSERVATOR
MARYARMERHOiZ capacity(.**, and that by 4WY(s t e+r E]OTHER:
"« coMM.929928 signature(*) on the instrument the person(4p),
a ® 'oNMC;M� or the entity upon behalf of which the
lir catum Ewom AUw 34 19" person(o) acted, executed the instrument.
SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES)
CGkin2Ph- San Ramon Valley
Discovery, Inc.
SIGNATURE 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
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-535-5
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.
[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 $6,330 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
the Service Plan for determining the allowability of selected items of
costs of providing the services.
Initials:_ —
Contractor County Dept.
1
Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-535-5
[ ] 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.
[Rj 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
j� -___�
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Contractor C unty Dept.
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Contra Costa County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-535-5
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.
Initials:_
Contractor County Dept.
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Contra Co.5ta County
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 24-535-5
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.
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REVISED BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Fiscal Year 1993-94
Number 24-535-5
A. GROSS OPERATIONAL BUDGET
1. COST CATEGORIES Amounts Amounts
a. PERSONNEL SALARIES AND BENEFITS (Direct Costs)
(1) Direct Service Staff Salaries $ 47,577
(2) Administrative Staff Salaries* 35,810
(3) Unemployment Insurance 2,168
(4) FICA 6,379
(5) Health, Disability Ins. 6,721
(6) Workers Comp Insurance 1.572
(7) SUBTOTAL AMOUNT $100,227
b. OPERATIONAL COSTS (Direct Costs)
(1) Space (Rent/Lease) $ 9,261
(2) Utilities (Water, PG&E, etc.) 1,386
(3) Phone & Answering Service 2,758
(4) Supplies 2,346
(5) Furniture/Equipment 1,768
(6) Outside Service/Consultation 5,158
(7) Insurance 5,440
(8) Staff Travel 612
(9) Training/Education 1,277
(10) Advertising/Public Relations 1,360
(11) Repair/Maintenance 2,252
(12) Audit, Legal & Bookkeeping 2,924
(13) Printing & Postage 986
(14) SUBTOTAL AMOUNT $ 37,528
C. INDIRECT COSTS (SUBTOTAL AMOUNT) -0-
2. TOTAL GROSS ALLOWABLE PROGRAM COST $137,755
B. LESS PROJECTED NON-COUNTY PROGRAM REVENUE
(To be collected and provided by I Contractor)
1. Client Fees and Insurance $ 14,620
2. Grants and Subventions 20,000
3. Donations 2,040
4. Other (Specify: Thrift Station) 25,140
5. TOTAL PROJECTED NON-COUNTY PROG. REV. ($61,800)
C. NET ALLOWABLE FISCAL YEAR COST $75,955
(Total Program Payment Limits)
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REVISED BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Fiscal Year 1993-94
Number 24-535-5
* 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.l. above:
1. May vary in each program by up to 15% in any fiscal year without approval by County; and
2. May be changed in each program in excess of 15% in any fiscal year provided, however, that
Contractor has obtained prior written authorization to April 5, 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 April 5th 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 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) .
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Con actor C unty Dept.
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SERVICE PLAN
Number 24-535-5
1. Scope of Services. During the term of this Contract, Contractor shall provide
drug abuse primary prevention, intervention and treatment services to residents of the San
Ramon Valley Area (Alamo, Danville, San Ramon, and the unincorporated areas of South-Central
County) . 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. In providing services hereunder, Contractor's program
activities shall include, but not be limited to, the following:
a. Prevention Activities. Contractor shall allocate at least 20% of .its
Federal Block Grant resources under this contract 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 individuals) . 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 needed programs for the prevention of
drug use and abuse.
(5) Making not less than 15 classroom presentations in San Ramon Valley
Unified School District schools, .and not less than 15 community presentations within the San
Ramon Valley area concerning drug use and abuse.
(6) Providing technical consultation on substance use and abuse to
schools and businesses in the San Ramon Valley.
b. Intervention Services. Contractor shall provide and document intervention
services to individuals and groups who meet a minimum of two of the 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
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SERVICE PLAN
Number 24-535-5
or indirectly related to drug abuse. Services shall include, but may not be limited to, the
following:
(1) Providing assessment counseling for not less than 90 students and
short-term, individual and group counseling to not less than 45 students in the San Ramon
Valley Unified School District. Contractor shall provide these services at school sites.
Contractor shall also provide short-term intervention counseling for 25 family members at the
program office located at 530 La Gonda Way, Suite A, Danville.
(2) Providing individual, family and group intervention counseling at not
less than 40 individuals and 25 family members at the program office specified above.
(3) Documenting ongoing intervention counseling services in accordance
with the State's "Standards for Drug Abuse Treatment" which shall include, but may not be
limited to, a written assessment, an Intervention Plan, progress and termination notes
recorded in each client's clinical record.
C. Treatment Services. Contractor shall provide and document counseling
services as follows:
(1) Contractor shall provide individual and/or group and family counseling
services to not less than 20 youth and adults, and ten (10) family members, for whom drug use
is compulsive, out of control, or at a level of physical or psychological dependency.
(2) Contractor shall document counseling services in accordance with the
State's "Standards for Drug Treatment" , which is incorporated herein by reference, 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. Said documentation shall
include, but may not be limited to, a written assessment, medical assessment, treatment plan,
not less than two (2) 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.
4. Service Unit Definition. In the report required by Paragraph 7. (Performance
Report) of this Service Plan, 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. Service units shall be calculated as set
forth below:
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SERVICE PLAN
Number 24-535-5
a. Primary Prevention Service Units. 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 clients/community
participants in attendance.
b. Intervention Service Units. 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 Service Units. 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 Systems Manual, Units of Service - Outpatient Care.
In addition to reporting units .6f service, Contractor shall report the units of time spent
on prevention, 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 by County and other
authorized referral sources, Contractor shall provide not less than the following units of
service for each 12-month fiscal year period:
(1) 1,852 primary prevention units of service;
(2) 1,500 intervention units of service; and
(3) 400 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.
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
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SERVICE PLAN
Number 24-535-5
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.
9. Complaint Process. Contractor shall comply with County's Drug Program Complaint
Policy and Procedure (Complaint Process) which is incorporated herein by reference and which
is specified in the current Contra Costa County Substance Abuse Services Program Plan and
Budget.
J
Initials:
Con ractor ounty Dept.
4
SPECIAL CONDITIONS
Number 24-535-5
1. Novation. The parties having entered into a prior Contract #24-535-3 (as
amended by Administrative Amendment Agreement #24-535-4) 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 #24-535-5 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 #24-535-5.
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:
Contra or Counify t.
SPECIAL CONDITIONS
Number 24-535-5
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:
Con actor Count DL/pt.
2
Contra Costa County Standard Form 1187
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 Re-cords. 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 CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written
mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder.
In the event of such termination, the County may proceed with the work in any reasonable manner it
chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum
due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject
matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing,
billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between
the Contractor and the 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.
S. 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. 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 1/37
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. Liabilitv 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 1/37
GENERAL CONDITIONS J ,
(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. Primacv 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